Etiquette and manners

Monday Evening Ethics Feature, 10/28/2019: Boo! Lyric Woking! Name-Calling! And Much, Much Worse…

/ Jack Marshall / 22 Comments

Good evening.

1. World Series ethics observations:

  • It was little noticed, but Houston Astros pitcher Gerrit Cole did something admirable and unusual last night on the way to dominating Washington Nationals hitters and leading his team to a 3-2 lead in the best-of-seven series. At one point in the game, Nationals first-baseman Ryan Zimmerman laid off a tantalizing pitch just off the plate with two strikes on him. Cole could be seen saluting the batter and saying “Good take!” It is rare to see a baseball player acknowledge an adversary’s skill on the field.

I wouldn’t mind seeing such gestures more often.

  • The President not only attended the game last night, but stayed unusually long for a dignitary, who usually go to baseball games to be seen more than to watch. Trump stayed until the 8th inning, when much of the discouraged Nats fandom was streaming to the exits. I wrote last week that I hoped he would subject himself to the fans’ ugliness, and they responded as we knew they would, loudly jeering and chanting “Lock him up!” It was a black eye for Washington, D.C., not President Trump.

Continue reading →

Sunday Ethics Warm-Up, 10/27/2019: The Grant Viktor Bowen Marshall Birthday Edition

/ Jack Marshall / 21 Comments

Samara Orphanage #2, where we found our son,

It’s a good day.

On this date in 1994, my son Grant was born in Russia. His mother, who was unmarried, did not abort him as many women in her position might have and do, but chose to give him up to be cared for the state, as she declared under oath that she could not. For six months, he lived in one of the packed and underfunded orphanages in Samara, near Moscow. Samara is among the most depressing places I have ever visited, only slightly edged out on my list  by Lorton Penitentiary in Northern Virginia, now shuttered, and Lagos, Nigeria.

Our adventure adopting Grant is too long and involved to record today, but I need to do that. Boris Yeltsin was closing down international adoptions, and we were in a group of four American couples racing to rescue some kids before the gates closed for an unknown period. Children were (and are) seldom adopted in Russia by Russians, and usually they end up warehoused until they reach 18, when they are released to the street. Samara was, it is fair to say, a true hell-hole, lacking drinkable water, businesses, and basic infrastructure. The nurses and administrators running the orphanages were kind, caring and dedicated, but they were also desperate. They tried every tactic imaginable to persuade Americans to adopt multiple children. I am still haunted by the faces of the kids that were introduced to us, and who we left behind. I don’t want to think about.

After a week of being shuttled and raced around the Russian bureaucracy, bribing officials with clocks and silverware, Grace and I made it to the U.S. Embassy with our new son and the necessary papers. The documents falsely stated that he was suffering from multiple maladies, the only way an infant could be adopted by foreign parents under the existing laws. In fact, he had been the healthiest baby in Orphanage #2, a trait he has continued into adulthood. He is almost never sick.

Just like Damien in “The Omen.”

We flew back to the U.S. on the “orphan plane,” a regular Moscow-to-New York flight routinely filled with U.S. parents and their adopted Russian children. The sound of crying infants and chattering toddlers was constant the whole flight. It was glorious.

I look at Grant today, a healthy, defiantly independent, iconoclastic young man with a life of opportunities and challenges before him , and reflect upon the kind of life he would be facing in Samara had a series of accidents and random events not brought our family together.

When Grant was 6, he asked me why he was born in Russia (the little sneak had surreptitiously broken into our documents box and read his adoption papers. I told him that sometimes a loving couple’s child would be born in the wrong place, and then his or her parents had to retrieve him. That was what happened with him, I explained. Grant liked that story so much he told all his friends.

The funny thing is, although I made it up at the time, I believe that with all my heart.

Happy Birthday, son.

[It’s also a good day because on this date in 2004, the Boston Red Sox ended 86 years of frustration and won their first World Series since 1918. Grant said at the time that finally he was certain that I would never forget his birthday.]

2. How’s that minimum wage increase working out for everyone? I was in a Taco Bell last night. The chain has added computer ordering, and there was one person behind the counter. Minimum wage increases cost jobs and makes automation cost-effective. It drives small businesses to ruin, and moves low-skilled Americans from work to public assistance. All of this has been well-understood and known for decades, yet the Democratic Party and all of the current Presidential candidates still pander to organized labor the economically-challenged by making minimum wage hikes a rich-vs-poor rallying cry. Given that the increases don’t affect the rich at all and hurt the poor, I judge the advocacy and disinformation awfully close to evil. If that’s too harsh, It is certainly unforgivably unethical. Continue reading →

From The Anti-Freedom of Speech Files: UConn And The Connecticut Hate Speech Law

/ Jack Marshall / 5 Comments

The University of Connecticut  chapter of the NAACP is circulating a video that  shows two students walking through a parking lot blithely shouting out “nigger.” It also sent out a tweet stating, “If you have any information about this racist recording at UConn, please email naacpuconn1909@gmail.com We will not tolerate racist behavior on this campus.”

To make a relevant point at the outset, this is not “racist conduct,” but racist speech at most. Racist speech is constitutionally protected (that First Amendment thingy), but you wouldn’t know it from the Connecticut  law the two students have been charged with violating. It decrees:

Any person who, by his advertisement, ridicules or holds up to contempt any person or class of persons, on account of the creed, religion, color, denomination, nationality or race of such person or class of persons, shall be guilty of a class D misdemeanor.

Ridiculing individuals based on gender or sexual orientation is apparently just fine, though: it’s an old law.  The  charge is punishable by a maximum of 30 days in jail, a fine of up to $50, or both.

Jarred Karal and Ryan Mucaj, the two idiots involved, face  possible expulsion from UConn for violating the school’s code of conduct. That’s a separate issue. A school has a right to make reasonable demands on student comportment, and civility, but what is “reasonable” is an ethical gray area. If the students thought they were alone, for example, I am not sure that a state school should be able to punish them. These morons were just shouting the offensive word into the air. Can they be punished for saying “nigger” in their dorm rooms, when they are alone? If the campus NAACP’s circulation of the video is what is disrupting the campus, why isn’t that a punishable offense? The NAACP circulating the video upset and offended more students than the parking lot shouts. Continue reading →

Friday Night Ethics Lights, 10/25/2019: Signs Of The Coming Apocalypse?

/ Jack Marshall / 17 Comments

Good Evening!

1. More evidence of ethics rot and educational malpractice at Harvard. The Harvard Crimson covered an “Abolish ICE” protest on its campus last month. The fact that the supposedly most prestigious college in the nation would have something as idiotic as an anti-ICE protest attended by more than a few unfortunates with closed head injuries is troubling enough, but behold:   student activists attacked  the daily student-run paper  for “cultural insensitivity” and of “blatantly endangering undocumented students on campus.” because it contacted the immigration enforcement agency for comment after the protest had ended.

The Horror.

Now hundreds of America’s alleged best and brightest have signed a petition demanding that the newspaper operate as if ICE didn’t exist.

 Crimson editors Angela N. Fu and Kristine E. Guillaume defended its practices  in the paper this week, protesting that asking for comment is a standard journalism device, arguing in part, “We seek to follow a commonly accepted set of journalistic standards, similar to those followed by professional news organizations big and small. Foremost among those standards is the belief that every party named in a story has a right to comment or contest criticism leveled against them.”

Forget it, Angela and Kristine. You’re supposed to be partisan activists, like the mainstream media.

Ethics experts from the Student Press Law Center and the Society of Professional Journalists supported the Crimson, citing the  SPJ’s Code of Ethics. That’s nice, although I would call the gesture “lip service.”

2. SkyNet is listening. Because of loopholes in their security software, hackers can use  Amazon Alexa and Google Home virtual assistants to eavesdrop on user conversations without their knowledge, and even trick users into handing over sensitive information.

Gee-what-a-surprise….

For once, the American Bar Association got comparatively ahead of looming legal ethics risks created by developing technology by issuing a resolution in August urging bar associations and the legal profession to develop guidelines addressing the risks posed by attorney use of artificial intelligence. It’s a long document, undoubtedly missing many issues on the horizon, and regarding those personal assistants, it lacks an essential sentence: “Don’t let those things get within ten miles of your legal work.” Continue reading →

Morning Ethics Warm-Up, 10/23/2019: On “Lynching” And Other Things

/ Jack Marshall / 30 Comments

The day looks good, feels bad…

1. No, “lynching” is not the right word for the Democratic Party/”resistance”/news media impeachment assault. The word worked for Clarence Thomas during the Anita Hill ambush, but someone ought to remind the President that Thomas was and is black.

The correct word is coup. This has always been what the effort to delegitimatize and remove Trump has been, and this is what it remains. “Witch hunt,” which some idiot issued as an anti-impeachment talking point again a couple of weeks ago, is also an inappropriate term. It may accurately evoke the McCarthy-like methods being used, but it is historically and politically confusing, focusing on methodology rather than objective.

The inability of this President and his staff to communicate competently is a dangerous weakness. It has always been so, but now more than ever. The public literally doesn’t understand what is going on, and a clear, credible, trustworthy advocate for the President who is able to explain what is so wrong, so insidious, and so damaging to democracy about what the “Troika of Totalitarianism” (I’m trying to imagine what Spiro Agnew would have called them) have been doing since the 2016 election is an essential bulwark against impeachment and conviction. Even someone like—I can’t believe I’m writing this—Lanny Davis would be an upgrade.  Kellyanne Conway destroyed her credibility with her “alternate facts” gaffe. Rudy Giuliani got himself enmeshed in the Ukraine controversy. Mick Mulvaney proved, with his naive and ham-handed explanation about why there is nothing criminal or inappropriate about any President using the leverage of his office to persuade a foreign government to do something that needs doing, that he isn’t up to the job. And the President is foolish to believe that his tweet-storms are an effective remedy against  a news media determined to tell only one side, the “resistance” side,  of the issues.

Why, for example, isn’t there an advocate for the White House who can point out, clearly, that the misleading characterization in this morning’s Times front page “news” story—the New York Times no longer does “news” involving Trump, only adversary spin—that the President used strong-arm tactics to force the Ukraine to “investigate Mr. Trump’s political rivals”? Joe Biden isn’t “political rivals,” he’s a former Vice President of the United Sates who may have been using his high position to enrich his son and warp foreign policy.

At this point, Joe Biden isn’t an official election opponent of the President either. It is completely legal and responsible for our government to find out exactly what was going on in the Biden-Biden-Ukraine tango, and the idea that a President cannot legally pursue investigation of serious misconduct in the previous administration because the members of it can now be called his “rivals” is, or should be,  a transparent Catch-22 concocted to advance the coup. Is that really so hard to explain? Why isn’t anyone explaining it?

A prominent  reason is that one of the more effective and damaging tactics in the coup attempt has been to intimidate and threaten any competent D.C. professionals who could advise and assist a President under siege. Until the Trump administration, the accepted norm when a patriotic member of the Washington establishment, regardless of party,  was invited to help a President was for the individual so invited to say, “Of course.” This was how President Clinton persuaded Reagan advisor David Gergen to rescue his administration from self-immolation.

Today, any political establishment figure, no matter how well-respected before, can count on being savaged in the news media if he or she agrees to join the administration, as well as harassed if they go out for dinner. The phenomenon effectively gives this White House a lobotomy by making it a huge and risky sacrifice to try to assist the White House.  It also isolates the President, and increases the chances of him making his situation worse out of anger, frustration, and his unfortunate lack of impulse control.

This too has been part of the coup strategy from the beginning: withhold from this President all of the honors, respect, fairness, deference and cooperation every other President has earned as a right of office by virtue of being elected, and eventually he will do something that will justify impeachment.

It’s a coup. “Lynching” just muddies the waters, and in this dirty business, muddy waters is exactly what the “resistance” wants and needs. Continue reading →

Mitt Romney’s Secret Twitter Account Is Unethical

/ Jack Marshall / 30 Comments

It’s…..Mitt!

For some reason Ann Althouse is defending Mitt Romney’s fake Twitter feed identity. She’s wrong.

This week it was revealed that Senator Romney has been maintaining an undercover Twitter account as “Pierre Delicto,” a funny choice for a Mormon, since it sounds like a porn star name that George Costanza might have used if he discarded his first choice, “Buck Naked.” Mitt confessed that he used to account to “lurk” on Twitter and read what others were writing. If that was all he was doing, I would have no problem with the ethics of being “Pierre.”

However, those perusing his account, notably Georgetown professor Don Moynihan, who revealed his discoveries on Twitter, found  that Mitt also used his Twitter account to signal approval of post critical to other Republicans, like Newt Gingrich, Rudy Giuliani, Lindsay Graham, and Marco Rubio, whose critic got a “like” from Pierre for this tweet…

Nice.

Continue reading →

Ethics Dunce: Clothing Manufacturer Dhavani

/ Jack Marshall / 23 Comments

It has come to this: the above image currently appears on a Dhavani billboard in Times Square. The company proudly tweeted it out, writing,

As you know, we’re extremely passionate about creating high-quality, fashionable and innovative products in the most sustainable and ethical ways possible.…But the state of the world weighs heavily on us. There is a palpable tension in the air, an untenable clash of ideals, and we can no longer just sit back and watch….hat’s why we’ve decided to #StandForSomething and become the world’s first and only Activ(ist)Wear™ company. DHVANI is a brand for people who are committed to making the world a better place. As of today, with each purchase, we will donate to a featured nonprofit partner.

Yes, fomenting hate and denigrating the elected leader of the United States is the way to make the world a better place. That’s the message. Now run out and put money in their pockets.

It is increasingly clear to me that the future of our nation, government and culture depends upon how many Americans eventually realize that no matter what they may think of President Trump, those who shamelessly employ these tactics and this kind of rhetoric are a far, far greater threat to our values.

Commenting on this phenomenon, conservative commentator John Hinderaker writes, Continue reading →

On Top Of Everything Else, Hillary Clinton Is A Coward

/ Jack Marshall / 14 Comments

(but we knew that…)

After the former Secretary of State accused Rep. Tulsi Gabbard of being a Russian asset (along with Jill Stein) in a podcast, she abruptly backed out of the Fortune magazine “Most Powerful Women Summit” in Washington, DC. that will take place next week. Clinton aides cited a scheduling conflict—how rude to schedule something else after you have agreed to speak at an event!—because this decision had nothing to do with the fact that Gabbard would be there, and Hillary would have to stand face-to-face with the woman—and military veteran– whose patriotism she impugned. No really, nothing at all. Nope. Not a factor. Really.

One of George Washington’s 110 Rules of Civility is “Speak not evil of the absent, for it is unjust” (#89). I’m pretty sure one of the rules he personally followed was “If you do speak evil of the absent, at least have the courage and decency to say it to her face at the earliest convenience.”

I have never for a nanosecond regretted my last minute decision not to vote for this awful woman and the party that continues to laud and enable her.

Sunday Ethics Warm-Up, 10/20/19: Ancient Icelanders And Others Behaving Badly

/ Jack Marshall / 24 Comments

Good Morning!

1. Confession: I called a stranger an asshole on Facebook yesterday. I had patiently explained to a Facebook Borg-infected friend that no, the Justice Department report on Hillary’s email fiasco had not proven for all time that she hadn’t “done anything wrong,” quite the contrary. The report revealed that she was directly responsible for over 600 security breaches (after saying otherwise for more than a year). That means that she was reckless, incompetent, irresponsible and dishonest, and, since the applicable statute doesn’t require intent, could have been prosecuted. The report did find that there was no evidence that Clinton deliberately set out to endanger national security, which was never the issue.

Some clod following the thread wrote that you “could sure tell who follows Fox News talking points.” Well, I’m sick of that lazy deflection, and anyone who uses it, especially on me, is an asshole, and needs to be told.  maybe ist not too late to get treatment. It’s even more of an asshole thing to say than the reflex “But ….Trump!” retort.

2. Yes, this is unethical. Yes, it is newsworthy. No, it is receiving almost no national coverage outside of conservative news sources. Rep. Katie Hill, Vice Chair of the House Committee on Oversight and Reform, has been engaged in a three-way sexual relationship involving a  staffer and her husband. This would not matter to me, and should not matter to you, except that the woman involved is Hill’s subordinate. The workplace is not a dating bar or personal harem, not in the private sector, not in Congress. In addition, close personal relationships create conflicts of interest for the supervisor in any office. I would mention the inherent imbalance of power that makes it impossible for an employee to consent to a superior’s advances in such a situation, but of course Lee knows that, being an ardent #MeToo and Time’s Up! supporter.

The hypocrisy in the Democratic Party on this issue is wide, deep, and nauseating, except, I guess, to Democrats. Last week, discussing this issue with lawyers following my ethics seminar, a usually smart, fair, male attorney actually opined that Joe Biden’s serial non-consensual groping wasn’t really a problem because “he didn’t mean it to be sexual assault.” The lawyer really said this, though “I didn’t mean anything by it” has been the reflex excuse of every sexual harasser from Bill O’Reilly to Louis C.K.

3. Stipulated: President Trump’s harsh rhetoric in the aborted White House meeting with Democrats was one more stupid self-inflicted wound. Given the barrage of ad hominem attacks by the party that she leads, and the disrespect for the office that Pelosi herself has orchestrated (that mocking clap at the State of the Union speech alone was unforgivable), Trump was certainly provoked, but the President is not supposed to slide into the gutter just because his adversaries live there. It’s swell to be a “fighter”—Trump is probably correct that Mitt Romney would have been elected President in 2012 if he had a some Trump in him—but that doesn’t mean that gratuitous incivility and nastiness is a competent or responsible political strategy.

However, this image, part of a cartoon by Andy Marlette for the Pensacola News Journal earlier this year… Continue reading →

Friday Ethics Catch-Up, 10/18/2009: Hillary Snaps, And More Evidence That Everything Is Spinning Madly Out Of Control

/ Jack Marshall / 27 Comments

I am totally fried, and wondering if it is responsible to post in this condition. But ethics waits for no man…

1. Last chance to see my presentation at the Smithsonian, “Courtroom Drama:The Art of Cross-Examination.” Details here. There will be a lot of ethics discussed, as you would expect, plus some Clarence Darrow, Atticus Finch, F.Lee Bailey, Perry Mason, Cousin Vinny, and “You can’t handle the truth!,” among other highlights. I’m doing the two-hour program with my younger sister Edith, who, unlike me, has actually done cross examinations.

2. Whoa! Tell me again what an honorable, trustworthy woman Hillary Clinton is. Here’s Hillary, actually calling Jill Stein and Rep. Tulsi Gabbard, the lone moderate in the Democratic Presidential nomination race—well, the lone moderate who doesn’t habitually grope women—“Russian assets” in a podcast:

And brava to Gabbard, who didn’t mince words on Twitter in her response to the smear: Continue reading →