President Barack Obama Has Appointed A Zealous And Competent Civil Rights Lawyer To the U.S. Commission On Civil Rights, And There Isn’t A Thing Wrong With That.

Perry Mason would have defended Mumia Abu-Jamal...

Perry Mason would have defended Mumia Abu-Jamal…

President Barack Obama has appointed Debo Adegbile,  who had served as an former attorney for convicted controversial police-killer Mumia Abu-Jamal, to a six-year post on the U.S. Commission on Civil Rights. The eight-member commission consists of four members appointed by the president and four appointed by Congress.

Adegbile worked at the NAACP Legal Defense and Educational Fund when he represented Abu-Jamal in the appeal of his conviction and death sentence for the  1981 shooting death of Philadelphia police officer Daniel Faulkner. Abu-Jamal’s sentence was reduced to life in prison. Predictably, rightish-commentators and of course police groups are highly critical of the appointment, just as they were in 2014 when they and others convinced the Senate to reject Obama’s nomination of  Adegbile to lead the Justice Department’s Office on Civil Rights. Ethics Alarms noted then, in the post, The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile,

“It says nothing of Debo Adegbile’s fitness as a public servant that he represented a convicted cop killer, a cannibal, Son of Sam, Spiro Agnew or Willie Sutton. It simply says that he is a lawyer, and one who embraces the traditional ethics and aspirations of the profession. Abraham Lincoln won fame getting an acquittal for a friend whom Lincoln knew was guilty of murder, but the prosecution didn’t have the evidence to prove it. Good. Does this mean he was pro-murder? Clarence Darrow used his extraordinary persuasive power to stop over a hundred men accused of murder—most of them guilty, some of them certifiable monsters— from being executed. Good. They were citizens, they had as much a right to use the laws that offered them protection as the government had to use other laws to threaten their lives and freedom. Was Darrow a fan of killers? No, he was fan of making sure ordinary people weren’t crushed by laws and systems they could never understand, use or survive without the help of a lawyer, in his case, the greatest lawyer of them all…. The principle [critics of Adegbile’s defense of Abu-Jamal] are advocating… is a sinister one, where lawyers rather than judges or juries pass premature judgment on the claims and needs of citizens, and withhold competent access to legal remedies according the their personal assessments regarding the validity of a citizen’s motives. This, of course, gives unacceptable power to lawyers, making it their choice who gets the protections of our justice system and who does not. The danger of this contention cannot be understated….let’s remind all the conservatives using this irresponsible tactic where it leads. It leads directly to citizens being slaves to their own nations’ laws, because they can’t possibly access them on their own, with lawyers deciding who is worthy of being able to take advantage of our “inalienable” rights, and who has the “privilege” of legal representation.”

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Julia Ioffe’s Vile Tweet: Now The Question Is Whether There Are Any Depths Of Unprofessional Conduct And Unhinged Bias That Disqualify A Journalist [UPDATED]

trump-incest-tweet

Julia Ioffe, a columnist at “Foreign Policy” and a contributing writer for “Politico Magazine” was moved to issue the above tweet by accounts that First Daughter Ivanka Trump would serve as First Lady while Melania Trump remained in New York to care for the Trump’s young son . Oh, nice! Keep it classy, news media!

Ioffe now joins John Oliver, Charles Blow, Harry Reid, The View, Harvard Law professor Larry Lessig and others on a growing list of nominees for the 2016 Ethics Alarms Award as the most unsavory passenger on the 2016 Post Election Ethics Train Wreck. The problem is that she isn’t a British comedian, a race-baiting Times columnist, a full-time asshole, a talk show hosted by celebrity ignoramuses, or an especially deluded academic. Ioffe is supposed to be a journalist whose analysis can be trusted, and the vicious character and unrestrained hate that her tweet reveals should disqualify her for that profession. Before Donald Trump—you know, the new President whom the New York Times decreed is exempt from ethical treatment?—such a public statement would have disqualified any journalist and ended her career immediately. This would have happened because journalism organizations once valued not just professional conduct and objectivity but the appearance of it.

The tweet wasn’t just disgusting, it was incompetent, misleading and stupid:

  • The news report has been denied by the Trump transition team, so the alleged journalist was spreading “fake news.”

There have been almost two dozen permanent or temporary First Ladies who had other family relationships with Presidents, including daughters, daughters-in-law, nieces, sisters, cousins, and aunts. Three daughters assumed the First Lady role when their mothers died: Letty Tyler Semple for President Tyler,  Mary Harrison McKee for President Benjamin Harrison, and Margaret Wilson for Woodrow. Oddly, none of them were accused of having sex with their fathers. Margaret Wilson shared First Lady duties with President Wilson’s cousin Helen Bones, who had worked for the first Mrs. Wilson as personal secretary. Thomas Jefferson, Andrew Jackson, Martin Van Buren and Chester Arthur were widowers, so their First Ladies couldn’t be spouses. Jefferson’s daughter Martha Randolph, Jackson’s niece and daughter-in-law Emily Donelson and Sarah Jackson were all First Ladies.  James Buchanan and Grover Cleveland were bachelors when they assumed the presidency,  so Cleveland’s sister Rose Elizabeth served as his First Lady until he married Florence Folsom fifteen months into his administration, and Harriet Lane, Buchanan’s niece, acted as his hostess and was the first Presidential spouse referred to as the “First Lady.” Many other non-spouses served in the capacity for limited amounts of time for reasons comparable to Melania’s conflicts.

In short, Ioffe is ignorant of American history and didn’t know what she was tweeting about, but did so anyway, misleading the public. Continue reading →

Baseball Installs An Anti-Hazing, Anti-Bullying Policy That Proves It Doesn’t Understand What’s Wrong With Bullying And Hazing

mlb-drag-1

Every year, Major League Baseball teams indulge in a high-profile, stupid and offensive ritual by forcing their rookies to dress in ridiculous costumes as they travel  home after their final road trip. This is  hazing, the team’s veterans humiliating the team’s young players and forcing them to show proper deference and character by submitting to it. Most of the time, the humiliation involved dressing in drag, because, as every red-blooded American male knows, nothing is worse than being compared to a woman. Continue reading →

Ethics Dunce: Liberty University

That's McCaw on the left, Starr on the right, with the Baylor women's basketball team.

That’s McCaw on the left, Starr on the right, with the Baylor women’s basketball team.

Football is a sport, but in American culture its primary impact is as an ethics corrupter. The latest revolting example of this is occurring at Lynchburg, Virginia’s Liberty University, a prominent Christian fundamentalist institution founded by Jerry Falwell, the late TV evangelist and Religious Right icon. The school  is supposedly dedicated to imbuing its students with moral values, but if it comes to choosing between the Ten Commandments and pigskin glory, guess what comes out on top?

Last week, with great fanfare, Liberty hired Ian McCaw as its new athletic director. “My vision for Liberty is to position it as a pre-eminent Christian athletic program in America,” McCaw said during a news conference.

This is his first paying assignment since May, when he left his job as the athletic director at Baylor, also a Christian university. His departure was made essential after a thorough investigation that found that those overseeing Baylor’s  football team as well as the management of  the athletic department—that is, McCaw— had been informed of multiple gang rapes and sexual assault by team members and had ignored it, as any good football-loving Christian would….especially when a star was involved.

Baylor’s summary of its confidential investigation, overseen by the law firm of Pepper Hamilton, found that athletic program administrators and football coaches learned of accusations of gang and date rape over many years and did not report them or take appropriate action. This, the report found, “reinforces the perception that rules applicable to other students are not applicable to football players.”

Ethics Alarms calls this “The King’s Pass,” or “The Star Syndrome.” It is antithetical to moral and ethical principles, and, in theory, religion.

The report concluded that the “the choices made by football staff and athletics leadership, in some instances, posed a risk to campus safety and the integrity of the University.” Continue reading →

The Rape Of Maria Schneider

tango_2011_a_l

There are many stories of directors crossing ethical lines by using abusive, unfair and disrespectful methods obtain a vivid performance from an actor. None are as bad as this one.

Now a video has surfaced of Italian director Bernardo Bertolucci admitting that in his acclaimed 1972 film “Last Tango In Paris,” the infamous rape scene where Paul (Marlon Brando) sodomizes Jeanne (Maria Schneider) with a stick of butter was not consented to by the 19 year-old actress, who was not warned of the unscripted sequence before it was thrust upon her, and in her. She was, in short, raped.

No wonder it seemed so realistic.

“The sequence of the butter is an idea that I had with Marlon in the morning before shooting it,” Bertolucci said in the 2013 interview at La Cinémathèque Française in Paris. “I’d been, in a way, horrible to Maria, because I didn’t tell her what was going on…I wanted her reaction as a girl, not as an actress…I wanted her to react humiliated…I think she hated me and also Marlon because we didn’t tell her.”

The film was a sensation, though and both Brando and Bertolucci received Academy Award nominations, so it was worth it.

Right?

Apparently Schneider alluded to the rape in private conversations and interviews, but never explicitly enough that it was clear what had been done to her. Now Hollywood is reacting with appropriate outrage.

“The should be in jail,” tweeted actor Chris Evans. (Psst!...the actor is long dead, Chris, as is Schneider. Bertolucci is 76.)

What a disgusting story of complete ethics rot in the arts, and what a damning indictment of Bertolucci, Brando and the culture that produced them.

_____________________

Pointer: Fred

Ethics Dunce, Unethical Quote Of The Week, And A Kaboom! For Good Measure: Clark University

exploding-head6

“Coercion is the use of emotional manipulation to persuade someone to something they may not want to do – like being sexual or performing certain sexual acts. Examples of some coercive statements include: “If you love me you would have sex with me .”, “If you don’t have sex with me I will find someone who will.”, and “I’m not sure I can be with someone who doesn’t want to have sex with me.” Coercive statements are often part of many campus acquaintance rapes. Being coerced into having sex or performing sexual acts is not consenting to having sex and is considered rape/sexual assault.”

—The Clark University Dean of Students office, in its definition of “Rape and Sexual Assault and Related Terms”

That’s right; Clark University’s position was that when a manipulative boy friend or, presumably, girl friend, used the age-old ploy of emotional blackmail to wheedle for sex, it constituted sexual assault. KABOOM! Brains…on…walls, can’t… typxvtu…pfg

OK, I’m better now. The Worchester, Mass. university quietly removed the outrageous definition as soon as it turned up, with appropriate mockery, on the web, and then denied it had ever been there. (This is the place where Instapundit would note the tuition paid by Clark students.)

Writes a stunned Prof. Volokh:

So saying “If you don’t have sex with me I will find someone who will” is “coercion,” and thus means that any resulting sex is not consensual. This means that getting sex that way is “rape and/or sexual assault” (because it’s “coerced sexual contact”), and in particular may well be “acquaintance rape.”

Words fail me — though they apparently failed the Clark University Dean of Students office as well.

It sounds like his head might have exploded too!

Gee, do you think this kind of increasingly common gender bullying and distortion of reason, fairness and logic for ideological ends might have caused some non-racist, non-sexist individuals to wonder what further horrors feminist-pandering President Hillary Clinton would have encouraged, and to vote for someone else? Do you think some non-white supremacists might reasonably conclude that if  eight years of a hard-left, divisive, victim-mongering Democratic administration could lead a school to employ this kind of Orwellian definition to throw young men out of their college, then eight years had done damage enough? Continue reading →

Workplace Dilemma: Do You Really Want To Know What Everyone Else Is Being Paid?

Miles Teller, who really showed THEM...

Non-La La Land star Miles Teller, who really showed THEM…

The male star of the buzzy movie musical “La La Land,” which opens next week, is Ryan Gosling. The role was originally offered to Miles Teller, who was a rising hot property and star on the threshold for acing the role of the abused drummer in “Whiplash,” like “La La Land” directed by Damien Chazelle.

But according to the people familiar wit negotiations, Teller was insulted by money he was offered,  a paltry $1 million, primarily because his putative co-star, Emma Stone,was being offered almost $3 million. After some back and forth, Chazelle replaced Teller with Gosling. Thus did Teller lose out on an a rare opportunity to make himself a major star in a film that is widely believed to be an Oscar magnet, and, of course, he won’t have that million dollars, either.

This a particularly vivid example of the ethics dilemma created by comparative salaries. I have not seen or heard of a satisfactory solution to it, from the management side or the labor side. Management would prefer that employees not know what other employees are making, and with good reason. The information can cause envy, bitterness, anger and lawsuits. Every employee has a tendency to believe they are more valuable, and indispensable, than they really are. Of course, some employers want to keep salaries secret because there are disparities that they cannot defend, or that may be illegal. While transparency is desirable to prevent unfair salary differences, however, it can make legitimate disparities untenable. Continue reading →

Comment Of The Day: “Christmas Music Blues”

christmas-hero-h

In addition to honoring his Comment of the Day, I also have to thank texagg04 for his timely comment to last year’s lament here, “Christmas Blues,” about the state of Christmas music as presented by the media. Christmas and holiday music is a useful, if depressing, window into the state of U.S. culture, and if he hasn’t written this commentary, I would have had to. Unfortunately, the tex’s list is res ipsa loquitur, and what it speaks of isn’t good. Christmas, the most ethical of holidays, has been substantially stripped of its ethical foundations by pop culture.

Here is texaggo4’s Comment of the Day on the post “Christmas Music Blues.” For added perspective, you may also want to revue last year’s post, On the Importance Of Christmas To The Culture And Our Nation : An Ethics Alarms Guide.

As of noon today (Monday, 28 Nov), I ran a quick survey of songs played on our local “Christmas” station since the start of last Monday.

95 songs played (though 161 if you separate them by Artist and Version of the song) for a total of 1,893 times.

Here’s the list and how many times they were played (Down on the list are some weird outliers involving the Magnum P.I. and Miami Vice soundtrack. I have no clue how those landed on the station’s playlist archive…but they were there, so I’ve included them): Continue reading →

Surprisingly, Many California Lawyers Want To Have The Option Of Having Sex With Their Clients

It's all your fault, Arnie...

It’s all your fault, Arnie…

For most of the last century, sensible and rational lawyers accepted that exploiting the attorney-client relationship to have sex with their clients was unprofessional and unethical, without needing a formal rule to tell them the obvious. Then along came Steven Bochco’s popular TV drama “L.A. Law,” the over-heated saga of a high-rolling Los Angeles law firm and its libidinous lawyers. Most libidinous of all was domestic law specialist Arnie Becker, played by the then-blonde and dashing Corbin Bernsen. Arnie habitually slept with his clients when they were wealthy, sculptured, beautiful trophy wives trying to shed their husbands. This was not the image that the family law bar wanted to see broadcast to America, so lobbying efforts were undertaken in many state bars to formally declare Arnie’s nocturnal client conferences unethical, as they undoubtedly were.

California, being partially at fault for the uptick in the public’s false belief that lawyers use their practice as a virtual dating bar, was among the first states to pass an “Arnie Becker Rule,” though it had company, like Oregon, which amusingly anticipated Bill Clinton by including a strangely specific definition of what sexual intercourse was, and New York, which narrowly limited its prohibition to Arnie Becker and domestic relations lawyers like him. Other jurisdictions demurred, as well as the American Bar Association, which is supposed to seek consistency in the legal ethics rules. California’s new rule was one of the more wishy-washy ones, with Rule 3-120 stating that Continue reading →

And The Winner Of The First Ethics Alarms Readers Challenge Is….

First time commenter Aleksei!

atlantic-hillaryThe lateness of this announcement is embarrassing, and I apologize to all. The Challenge was to compose the best analysis, positive or negative, of a mind-melting pro-Hillary puff-piece in the Atlantic called—then, for the title was later changed because it was ridiculous)—“Why is Hillary Clinton So Widely Loved?”

A sample:

A conservative writer labeled her a congenital liar when she was first lady, and the label stuck because it was repeated over and over—and it was a convenient label to harness misogyny. If she was a liar, then the hostility she engendered could not possibly be because she was a first lady who refused to be still and silent. “Liar’ has re-emerged during this election even though Politifact, a respected source of information about politicians, has certified that she is more honest than most politicians—and certainly more honest than her opponent.

Because she is already considered guilty in a vague and hazy way, there is a longing for her to be demonstrably guilty of something. Other words have been repeated over and over, with no context, until they have begun to breathe and thrum with life. Especially “emails.” The press coverage of “emails” has become an unclear morass where “emails” must mean something terrible, if only because of how often it is invoked.

The challenge was issued on November 3rd, and my intention was to publish the winner on the 6th, two days before the election. There were not many entries, in part because Aleksei’s analysis was so quickly posted and thorough. In the frantic run-up to the election, including my own resolution of the many conflicts the choice represented for me professionally and personally, I just forgot to publish Aleksei’s work, and then moved on to other issues in the election.

I apologize to Aleksei and Ethics Alarms readers.

It  certainly is weird to read the article and the analysis now. It was written only two weeks ago, but it feels like a lifetime ago. The election was the ultimate rebuttal of the essay’s argument—if Hillary really was “so widely loved,” she’d be President today—and the kind of mindless worship and relentless denial the piece displays was a large factor in her defeat. It is bracing to read this in light of the efforts by the Clinton team, Democrats, and various pundits to absolve Clinton and the party from all accountability for the most stunning upset in presidential election history. Hillary blames the loss, predictably, on James Comey, which is like blaming the loss of your license for speeding on traffic cops. On MSNBC on this week, former Clinton campaign communications director Jess McIntosh put the blame on  white women with “internalized misogyny,” who couldn’t bring themselves to vote to elect the first woman president. Then there was the narrative that Trump’s win was based on massive support for “Misogyny, Racism and Xenophobia”—good names for triplets, now that I think about it. Slate’s star race-baiter, Jamelle Bouie, wrote that there is “no such thing as a good Trump voter.” To paraphrase the hysterical woman who gives “The Birds” its funniest moment, Bouie thinks everyone who didn’t vote for this beloved woman is “Evil! Evil!”

I don’t necessarily agree with all the analysis of the winning submission, but he was willing to slog through the Atlantic’s disingenuous mess, and Ethics Alarms is grateful.

Here then, late, is the winner of the first Ethics Alarms Readers Challenge:

Continue reading →