Category Archives: Gender and Sex

Insomnia-Triggered Observations On The Blasey Ford-Kavanaugh Disaster

I don’t know if it is my usual sleeping in a hotel problem, my typical anxiety before an early morning ethics presentation, or the nauseating reality of what Christine Blasey Ford and the Democrats have inflicted on the political system and cultural norms of basic fairness and decency that has me awake writing a post at 5 am. I have my suspicions, though….

  • Judge Kavanaugh spoke to the Senate Judiciary committee via phone yesterday afternoon about the accusation of a three-decades old sexual assault while he was a prep school student. The committee Democrats refused to participate. I can’t reconcile this with a good faith effort to be fair to the nominee. Can you? It seems that the Democrats, having already made it clear that they will not vote for Kavanaugh for partisan reasons, have no compunction about making it clear that the allegation is just a convenient tool to engineer his defeat. They don’t really care about whether it is true or not.  It is simply a means to an end.

Is there any other conclusion?

  • Professor Rosa Brooks of my alma mater Georgetown Law Center (which has been embarrassing me a lot lately) pretty much sums up my position in a series of tweets. She writes:

I oppose Kavanaugh’s nomination, think senators should vote no based on his judicial record, but am uncomfortable with asserting that his behavior as a teen tells us anything about his “character” now. Yes, even if his behavior as a teen included doing exactly what Ford says he did. This is because….I don’t think teen behavior is predictive of adult behavior, and I am also skeptical of the very idea of “character” as we use the term in American politics. And……. there is a ton of solid research on the general idiocy of teenagers, especially teenaged boys, and the neuroscience that explains their general idiocy….as a lawyer I also think there are sound reasons behind statutes of limitations. After 35 years it is nearly impossible to conduct a full or fair investigation….This does not mean I consider sexual assault “excusable” or “minor.” It just means that I think the bad behavior of minors should be treated differently than the behavior of adults, and that adults should not be shadowed forever by misdeeds as children.

Bingo.

Sadly, the prof’s inner progressive asshole could not remain hidden for the duration of her tweet-storm. I emphatically do NOT concur with her final observation in the last set of tweets, in which she confirms that she is a hyper-partisan bigot who just had a brief, uncharacteristic moment of ethical clarity:

Kavanaugh’s accuser nonetheless deserves to be treated with dignity and consideration; belittling her or her motives should be considered unacceptable. If Kavanaugh responds to her accusations in a way that belittles her or other women who come forward with stories of sexual assault, THAT will definitely be relevant now. And to all who say “well yes but the GOP would draw and quarter any Dem nominee with similar accusations against him,” you’re right, but why would Dems want to do the same things the GOP does? But the GOP would not treat allegations of assault by a black teen as forgivingly,” I agree as well. But again, we shouldn’t conform to the bad behavior of others. Again, this is not because I am “defending” Kavanaugh: I’d vote NO, and for all I know he is a complete jerk and a serial sexual assaulter to boot. All I’m saying is: I am uncomfortable having the current allegation be the basis for opposing, given the above.

Why does Ford deserve to be treated with dignity and consideration? She attempted an anonymous smear job that no professional anywhere would consider fair. When it was clear that this wouldn’t accomplish her goal, she accused a man of politically-toxic misconduct with no more evidence than her own misty recalled memories. Apparently she does  not even recall what year the alleged assault occurred. Professor Brooks is just confirming her #MeToo privileges by embracing the sexist theory that women deserve to be treated differently than men. They don’t. Any man who did something like this to a female nominee would deserve to be condemned. What an air tight gotcha! for the increasingly ethics-free left: an irresponsible, unprovable attack on a mans’ reputation and career that he will be disqualified for treating as it deserves to be treated.

I’d like the law professor to explain why she holds Kavanaugh to this exalted standard of tolerance when she says she assume that Republicans would treat allegations of a black teen’s assault as damning. Now she is virtue-signaling to her colleagues, calling Republicans racists, because of course they are. This tweet would disqualify her, in my view, if President Harris or Warren or Winfrey nominated her for the Supreme Court, or any other post. She’s a bigot, her outrageous claim that he might be a “serial sexual assaulter” is contemptible public discourse.

  • Anyone who uses the fact that she took a lie-detector test  and passed it to support her claim reveals their own ignorance and intellectual dishonesty. The devices don’t work. There isn’t even any debate about it. Sociopaths can beat them, and so can the confused and deluded. There’s a reason why they are inadmissible as evidence in court. Several alleged victims of alien abductions have passed lie detector tests too.

Maybe a space alien assaulted Ford. Maybe Kavanaugh is a space alien. This fiasco is bad enough without lie detector nonsense.

  • Diane Feinstein officially qualifies as an Ethics Alarms Ethics Villain for her role in the episode, joining such disgraceful political characters as Chris Christie, and of course, Hillary Clinton. The San Francisco Chronicle laid much of it out neatly, concluding that her conduct

“..was unfair to Kavanaugh, unfair to his accuser and unfair to Feinstein’s colleagues — Democrats and Republicans alike — on the Senate Judiciary Committee.”

  • Does anyone recall that DNC Deputy Chair and Minnesota Congressman Keith Ellison has been accused domestic abuse by former girlfriend Karen Monahan? That accusation isn’t 35 years old and didn’t involve a teenager. It has also been substantiated by others.The Democrats have done nothing about this, except to “investigate it” and allow their mainstream news media allies to bury the story, at least long enough for the current hypocrisy to escape public notice.

Imagine: I heard a female Democratic senator intone yesterday that if Republicans did not delay the vote on Kavanaugh’s nomination, it would be “an insult to every woman” in the country. I regard allowing so dubious and unprovable a #MeToo accusation raised in such a blatantly political context to derail the confirmation of a qualified male candidate a threat to every American male alive. Let’s hand every woman the power to ruin any man, because in any “he said/she said” controversy, only the woman has a “right to be believed.”

Democrats are deliberately encouraging a national, cultural gender war.

More than 200 women who attended the same all-girls school as Supreme Court nominee Brett Kavanaugh’s accuser have signed an open letter supporting her allegations of sexual assault when they were both high school students.

The letter says the women — who graduated from the private Holton-Arms School in Bethesda, Md., between 1967 and 2018 — believe California psychology professor Christine Blasey Ford “and are grateful that she came forward to tell her story.”

“Dr. Blasey Ford’s experience is all too consistent with stories we heard and lived while attending Holton,” the letter says.

“Many of us are survivors ourselves.”

If I thought this was typical of the female ability to reason, I’d advocate banning women from positions of authority. The believe Ford because she’s a woman! They believe Ford because someone assaulted them! They are proudly proclaiming prejudice, misandry and bias. Nobody has any factual basis for believing either Ford or Kavanaugh. Here’s my bias: any position that relies on tactics like this letter is inherently suspect.

 

 

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Filed under Ethics Alarms Award Nominee, Ethics Train Wrecks, Gender and Sex, Government & Politics

Monday Morning Ethics Warm-Up, 9/17/2018: Serena And Kavanaugh

Not everybody’s morning, but today (and tomorrow) Paul Morella’s stirring Clarence Darrow is MY morning, along with some fortunate and ethical Virginia lawyers…

Hi!

I’m getting ready for an early morning CLE seminar on the ethics lessons from Clarence Darrow’s career, so this is going to be quick and brief.

1 Now that’s a double standard! Ann Althouse flagged an aspect of the statistics on male penalties in tennis we discussed yesterday that I neglected to mention. The men play longer matches, five sets against the women’s three. Thus there is more time on the court to commit rules breaches. She also asks why women play less. That IS a double standard, but I’ve never heard a female player complain about it. She also writes,

Look at the prison population. It’s less than 10% women. Does that mean men are held to a high standard of behavior? I think we’re comfortable with the extreme gender disproportion because we feel awfully sure that men commit many more crimes, especially the kind of crimes that deserve a substantial prison sentence. We like thinking that the prisons are confining individuals who pose a danger to the rest of us, and we think of those people as overwhelmingly male. Maybe we’re wrong, but you can see we’re pretty resistant to the idea that there’s a “double standard” that’s unfair to men.

Ann’s comparison is a bit off, don’t you think? Yes, the prison stats presumably mean that men commit more crimes, but would any female defendant, in the face of such figures, throw a tantrum in court claiming that the system in biased against women?

2. High school. High school. I just listened to several critics of the late-hit accusation by Christine Blasey Ford against Brett Kavanaugh, as they expressed problems with the years, decades, that have passed since the alleged incident. Never mind the length of time: it was high school. The participants were minors.

Am I going crazy? First we had multiple baseball players who sportswriter were saying needed to be fined and suspended for politically incorrect tweets they made to their seven followers when they were still shaving only every other day, and now a distinguished judge, nominated to the Supreme Court, who has been cleared by six FBI background checks and assembled an unassailable career in a field, law, which makes character an entry level requirement, and an account of a drunken episode of teenage stupidity is considered relevant by progressives? In Washington state, liberals and especially feminists assembled to demand that a woman’s prior record of illegal drug dealing and gun possession be set aside as a reason to deny her a law license, and she was an adult when she was convicted and served time in prison. Are we really going to accept a new paradigm in which the mistakes we make on the way to adult responsibilities as clueless students and teenagers will be held against us forever, as if growing up doesn’t count?

I’ve been trying to think back to my high school years, my miserable dating experiences, and the dozens of stupid, wrong things I did that today embarrass me every time I’m reminded of them. Should those juvenile episodes continue to shadow my reputation and handicap my career forever? That seems to be what the latest anti-Kavanaugh strategy is arguing for. Continue reading

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Filed under "bias makes you stupid", Childhood and children, Ethics Train Wrecks, Gender and Sex, Government & Politics

Bret Kavanaugh Nomination Ethics Train Wreck Update: Christine Blasey Ford, AKA “Anita Hill”

Now we know the name of the author of the late, through-the-mists-of-time character assassination attempt on Supreme Court nominee Brett Kavanaugh. Good. Realizing that her anonymous sniper attack wouldn’t be sufficient to accomplish the Democrats’ political objective, she identified herself in an interview with the Washington Post. She is Christine Blasey Ford, like Anita Hill a professor who decided to inject an ancient incident into the solemn process—well, it once was, anyway—of confirming a nominee to the Supreme Court.

The fact that the accusation is no longer anonymous changes some aspects of this latest—is it the most unethical? Probably—twist in the Kavanaugh Ethics Train Wreck saga so far. From the second the desperate Sen. Diane Feinstein—desperate to defeat a qualified conservative judge, desperate to bolster her standing with a California progressive base that finds her too moderate—released Ford’s allegation, it could be tagged “unethical” in five ways:

1 The accusation was anonymous, and thus could not be fairly confronted by the accused. UNFAIR.

2. The accusation was over 30 years old, meaning that all aspects of it, including the recollections of the alleged participants, would be inherently untrustworthy. This is why we have statutes of limitations. UNFAIR, and IRRESPONSIBLE.

3. The accusation was, and still is, unsubstantiated by anyone else. UNFAIR, and IRRESPONSIBLE.

4. The accusation was made against a distinguished public servant and family man with no documented blemishes on his record or character as an adult, stemming from an alleged incident that occurred, if it occurred, while he was a minor. UNFAIR

5. No complaint had been made against Kavanaugh by the accuser at any time in the intervening years, until his nomination by President Trump became a political rallying point for the Left. IRRESPONSIBLE.

Now there are only four. One would be too many. The accusation should not have been made, and should not have been made public. This is a simple Golden Rule equation: what innocent human being would want to be the target of an unprovable accusation like this, at a moment when a significant career advancing opportunity was in the balance? We must begin with the assumption that Kavanaugh is indeed innocent, because there is no substantiated evidence that he is not, and because as an adult, which is what matters now, he is innocent.

Do I believe Kavanaugh, who has unequivocally denied that the incident occurred? I have no reason or justification to believe or disbelieve him, and neither does anyone else. However, I would regard the incident as irrelevant to his confirmation even if he agreed that it happened. Would a report of such an incident when he was applying for bar membership be treated as sufficient proof of bad character to cause his application to be rejected? Absolutely not,  not in any jurisdiction in the nation. Would such conduct as a minor cause any adult with an impeccable record since high school to be rejected for any job or post? Are high school indiscretions that do not involve criminal prosecutions ever deemed relevant to adult employment? Never. (Well, hardly ever.) Continue reading

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Filed under Character, Ethics Train Wrecks, Gender and Sex, Government & Politics, Law & Law Enforcement

The Facts Are In: Surprise! Serena Williams And Her Defenders Were Dead Wrong In Every Respect

It is rare that a public controversy that breaks down ideological lines actually has a resolution. The uproar over the sexist “double standards” a tennis umpire supposedly used against Serena Williams as she lost the U.S. Open championship (fair and square) to Naomi Osaka is just such a rarity. Although it should have been obvious on its face (Yes, it’s legal jargon, but I love it) that Serena was grandstanding to distract from her loss and posing as a gender rights crusader when she was really being an entitled celebrity jackass, social justice warriors fell all over themselves rationalizing her outburst, with columns titled, “Right message, wrong timing” at best,  and demands that the umpire and the U.S. Open owe Williams an apology for enforcing the rules at worst.

There’s no longer any valid  justification for debate. Williams was wrong; her defenders were biased, and it is they, not match umpire Carlos Ramos, who are obligated to apologize.

The New York Times isn’t always spinning for the Left. In a thorough article yesterday, it revealed that when the rampaging tennis diva protested to Brian Earley, the tournament referee, “There are men out here who do a lot worse than me, but because I’m a woman you are going to take this away from me? That is not right,” she was perpetrating a falsehood.

The Times actually looked at the data, something that should have been available to the public immediately after the Williams tantrum, but let’s be grateful for responsible journalism even when it’s suspiciously late. The conclusion: Serena’s accusation notwithstanding, “men appear to be fined proportionally more often than women for a variety of offenses.”

Here’s the Times chart:

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Morning Ethics Warm-Up, 9/13/2018: The Serena Winds Continue To Blow, Along With A Lot Of Other Unpleasant Things

Good morning!

There’s Hurricane Hysteria in the Washington area, with everyone freaking out and clearing the store shelves, and the news media making it sound like this is the End of Days. Did you know that BOTH Chicken Little and the Boy Who Cried Wolf lived in Washington, D.C.? Thanks to a late summer repeat of what goes on every time there’s a rumor of  nascent snow flake during our winters, nobody’s working, returning emails and phone calls, or doing anything, it seems, except, I assume,  trying to figure out a way to blame whatever happens on President Trump.

Incidentally, this was going to be an afternoon post yesterday, until my car blew a radiator hose on Route 395 at rush hour.

1. Yes, more on the “racist cartoon.” Reader Michael B. reminded me of some of the liberal editorial cartoonists’ attacks on Condoleeza Rice. Here was one such cartoon, from 2005, that I found online.

Here’s the real Condoleeza:

I’ve been challenged to post a poll on this cartoon too, but that’s tricky. The two cartoons are not equivalent. I don’t think either is racist, but if I were in the business of race-baiting, the Rice cartoon is worse for several reasons. To begin with, Serena really did throw a tantrum on the U.S. Open court, and it was ugly, thus theoretically justifying an ugly graphic portrayal. There was never an incident analogous to what the cartoon Condi is shown doing. Moreover, she never exhibited anything approaching the snarling, aggressive demeanor portrayed by the cartoonist, at least not in public. I think the face given Rice is also vaguely simian, and if a similar spoof of Michell Obama had been published, all hell would have broken loose.

There were some complaints about racist caricatures of Rice during the Bush years, but all from conservative organizations and commentators, none from the NAACP, and nothing on the scale of the uproar over the Williams cartoon.

My position is…

….that both the Williams and the Rice cartoon are within the acceptable range of an art form I detest and find inherently unethical, editorial cartooning.

….that the indignation over either cartoon is driven by bias toward the targets.

….that anyone who wasn’t vocal about “racial insensitivity” toward Rice in various cartoons is not the most convincing advocate for the position that the Knight drawing is racist.  Yes, such a person might have changed their point of view, but he or she has the burden of proof to demonstrate that this is the case. I’m skeptical.

So here are TWO polls..

 

2. I find it difficult to believe that as Democrats are revealing the total ethical void in their current strategy, polls show voters favoring a Democratic Congress in the upcoming election. Of course, it helps that the mainstream news media won’t communicate to the public fairly so they understand what’s going on:

  • During his hearings, Bret Kavanaugh said, speaking of the position of the plaintiffs in a case, “In that case, they said filling out the form would make them complicit in the provision of the abortion-inducing drugs that were, as a religious matter, objected to.” This was immediately distorted in the news media and by anti-Kavanaugh activists as  Kavanaugh referring to birth control as “abortion-inducing drugs.” Hillary Clinton (to be fair, I assume that she was reading second hand accounts—you know, like everyone criticizes Trump for doing with Fox News) then beclowned herself by tweeting:

I want to be sure we’re all clear about something that Brett Kavanaugh said in his confirmation hearings last week. He referred to birth-control pills as “abortion-inducing drugs.” That set off a lot of alarm bells for me, and it should for you, too.

[Pointer: Zoltar Speaks!]

  • CNN tweeted this (Pointer: Instapundit):

I think this qualifies as going beyond deceit to pure lying. The texts themselves were evidence. It’s like a defense attorney saying “The prosecution, without evidence, suggests that the murder weapon with the defendant’s fingerprints on it links him to the killing!”

  • A man cursing Donald Trump attempted to stab Republican Rudy Peters,  running for the House in California, with a switchblade over the weekend.This kind of thing does not happen every day, nor in every Congressional race. Democrats have increasingly been suggesting violent measures be used against conservatives and Republicans, and there has already been one armed attack that nearly killed Rep. Steve Scalise and threatened other GOP officials. Yet when Rep. Eric Swalwell, Peters’ opponent, appeared on  CNN host Erin Burnett’s show “Erin Burnett Outfront” last night, she never asked Stalwell about the attack or its implications. That’s journalistic negligence, and likely bias.

3. Please explain this to me. Anyone? Karen White, a transgender man “transitioning” to female, was accused of repeatedly raping a woman in 2016 and had been previously been jailed in 2001 for a sexual assault on a child. After telling the authorities that he identified as a woman, Karen, who still has her penis, aka her weapon of choice when engaged in sexual assault,  was remanded into HMP New Hall near Wakefield, West Yorkshire, an all female facility.

She then sexually assaulted four female inmates a few days later. Who could have predicted such a thing? The prison’s spokesperson said: “We apologize sincerely for the mistakes which were made in this case. While we work to manage all prisoners, including those who are transgender, sensitively and in line with the law, we are clear that the safety of all prisoners must be our absolute priority.” Continue reading

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There Is Gender And Racial Bias In The Legal Profession, But This Study Doesn’t Prove It…Because Of Bias

Incompetent, agenda-driven research leads to warped debates, hyped conclusion and bad policy. It also undermines credibility of those who cite some legitimate problems. The recent report, which proposes strategies for employers to eliminate the alleged barriers to women and minorities in the legal profession, is such research. It was conducted by the Center for  WorkLifeLaw at the University of California, Hastings College of the Law, for the bar association’s Commission on Women in the Profession and the Minority Corporate Counsel Association.

At least the New York Times headline, for once, was accurate., at least the online version: “Lawyers Say They Face Persistent Racial and Gender Bias at Work.” Yup, that’s what the survey showed. What it didn’t show is that there really is such discrimination, how much there is, or how it manifests itself. Here’s part of the executive summary:

Prove-It-Again. Women of color, white women, and men of color reported that they have to go “above and beyond” to get the same recognition and respect as their colleagues.

  • Women of color reported PIA bias at a higher level than any other group, 35 percentage points higher than white men.
  • White women and men of color also reported high levels of PIA bias, 25 percentage points higher than white men.
  • Women of color reported that they are held to higher standards than their colleagues at a level 32 percentage points higher than white men.

This demonstrates, at least within the reliability of the survey,  that minorities and women perceive that they are being discriminated against more than white males. That’s a useless result. We have seen and read, for example, how various African American activists and celebrities like Charles M. Blow and Ta’ nahisi Coates teach their sons that police are racists, and that they must fear them. As a result, they interpret all interactions with police through this prism. One doesn’t have to be a research ethicist to conclude that this warps their perception. Similarly, all women currently in the workplace have been bombarded by the media, activists, peers and the culture for most or all of their working lives about how hostile the workplace is to women.

At least four of the seven most common and insidious biases are at work:

1. Herd mentality: The tendency to adopt the opinions and follow the behaviors of the majority to feel safer and to avoid conflict. Also known as mob psychology, peer pressure, and group-think.

Members of groups seeking political power through maximization of perceived victim status are influenced by the needs, mission and perceptions of that group.

2. Confirmation Bias: the tendency to look for or interpret information in a way that confirms pre-formed beliefs.

If you already believe that you are going to be the target of discrimination, you will interpret events to confirm that belief.

3. Self-Serving Bias: when an individual attributes positive outcomes to internal factors and negative outcomes to external factors.

This is the most tragic phenomenon of both a history of bigotry towards certain groups and the laudable efforts to raise awareness of it to eliminate the conduct. It pushes women and minorities to blame external factors for their failures, and in so doing impedes their chances of success. I have previously written about my personal epiphany in this area, when an African American singer who I rejected for a challenging tenor role accused me outright of not casting him because of his color. He could not hit the notes the role required, and yet he was convinced that bias, and not his own deficiencies as a singer, was what cost him the part.

4. Bias Blindness: the tendency not to acknowledge one’s own thought biases.

I don’t doubt that there is considerable gender and racial bias in law firms. Indeed, I am certain of it. This kind of study, however, is not the way to sound the alarm, and smacks of either incompetence or dishonesty.

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Morning Ethics Warm-Up, 9/11/18: As They Read The Names Of The Twin Towers Bombing…

Sad morning….

1. Serena ethics updates An indignant Facebook friend appeals to authority by telling me that  Chris Evert and Billie Jean King are defending Williams, and that they know more about professional tennis than I do. That’s a classic appeal to authority, and a very lame one. What a surprise that female tennis superstars have each others’ back! Chris and Billie Jean sure aren’t ethicists. I’d love to interview them. “So you believe that coaching from the stands, even though forbidden by the rules, should be allowed? Do you think that an unknown player who behaved like Serena did would have been treated any differently? Do you think that anyone would be supporting her if she were penalized? Since the record shows that Ramos does not treat men any differently than he treats women on the court, doesn’t Serena owe him an apology? Can you comprehend why calling a ref, whose reputtaion depends on being regarded as fair and unbiased, a “thief” is worse that calling him a “four-letter word”?

I can play the biased expert witness game too: here’s Martina Navratilova’s op ed, which is comparatively ethically astute and tracks with my post in many respects.

The polls about Mark Knight’s “racist and sexist” cartoon has these results:

85% side with Knight. I’d love to hear the explanation of the one voter who said the cartoon was sexist but not racist.

The reason I made the issue an ethics quiz is because I’m really torn in the issue. Yes, cartoons of blacks employing exaggerated features naturally evoke Jim Crow and minstrel show racist images. But political cartoons exaggerate features, often in unflattering ways. That’s the art form. Does this mean that blacks are immune from ever being portrayed cruelly in a political cartoon? I think that’s what the anti-Knight contingent is arguing.

My view is that double standards are destructive and unethical. By the by, were Jimmy Carter’s lips that big?

Continue reading

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