Ethics Dunce: University of Houston Law Professor Renee Knake Jefferson

I have resolved to be more vigilant in calling ethics fouls on the various repeat ethical transgressions that proliferate in our society and political discourse. I wrote about some of them here; I just encountered another in an alleged legal ethics news letter. An alleged legal ethics newsletter that I have to pay for. Uh-uh, I’m not letting that pass. I was already triggered because I saw another TV commercial where two people were playing chess and the board was set up wrong. As soon as I see it again and note the product, I will out the company here. For so I have sworn.

Renee (Newman) Knake Jefferson is, she tells us, a law professor and an award-winning author. She “regularly consults on matters related to lawyer/judicial ethics and the first amendment and lawyer speech.” Jefferson holds the Doherty Chair in Legal Ethics at the University of Houston Law Center where she teaches ethics, constitutional law, and a writing seminar on gender, power, law, and leadership. Based on these credentials and the fact that a lot of the legal ethics blogs have been going defunct lately, I decided to subscribe to her weekly Legal Ethics Roundup at substack which promised to keep me up to date on significant developments in the field.

Continue reading

Great: Trump Makes Another Stupidly Phrased Comment That The News Media Will Use To Dishonestly Claim He’s Planning On Being a Dictator

Boy, I’m sick of Trump being so reckless in his ad-libs and of the mainstream media’s deceit and disgusting double standards. The second I read Trump’s quote to a gathering of religious conservatives at The Believers’ Summit, an event hosted by the conservative group Turning Point Action in West Palm Beach —“Christians, get out and vote. Just this time. You won’t have to do it anymore, you know what? Four more years, it’ll be fixed, it’ll be fine, you won’t have to vote anymore, my beautiful Christians!”—I knew exactly how the Axis would spin it, and I was right. Harris pounced, the Times pounced (then they changed the heading to provide the context after the initial story ran), CNN pounced, they all pounced. See? There will never be another election if Trump wins! He just admitted it!

Continue reading

Incompetent Elected Official and Ethics Dunce: VP Kamala Harris (Surprise!)

This shouldn’t be hard to grasp: incompetence really does matter in a President, as does trust.

Kamala Harris had a private discussion with Benjamin Netanyahu, a head of state. Diplomacy 101 dictates that when sensitive matters are discussed, neither party to such discussion reveals the details of what is said, nor does either party make statements after the meeting that undermine either the relationship between the two individuals, nor their respective nations, nor the interests and objectives of those nations.

This isn’t hard, nor should it be.

But for Kamala Harris, it is. This is a problem.

Having met with the Israel Prime Minister, Harris initially said that the U.S. has an “unwavering commitment” to Israel, its right to exist and its security. She called Hamas a “brutal terrorist organization.” Then she said,

Continue reading

Harris Is a D.E.I. Vice-President, and Ethics Alarms Hereby Pledges To Reiterate That Fact Every Time Some Liar, Hack or Gaslighter Says Otherwise…[Link Corrected]

I’m drawing a line in the sand on this one. I am sick of the flagrant attempts by shameless partisans, Axis of Unethical Conduct liars and desperate Trump-Deranged propagandists to deny the past and the present, their own misdeeds, and their cascading humiliating botches. I am also disgusted with the ongoing efforts of these same aspiring dictators to win arguments and election by strangling the language and issuing rhetorical taboos so it becomes difficult to reveal what they have done, or allows the public to be confused and misled permanently.

Readers here are aware of some of my unyielding pledges. I have vowed to blow a blast on a metaphorical Sousaphone every time someone quotes the phony “76 cents on the dollar” statistic “proving” that the workplace discriminates against women. (The last time I scored a politician for doing that? It was Kamala Harris. Of course it was.) I have sworn to embarrass any movie, TV program or ad that shows someone playing chess with the board set up incorrectly. I am determined never to let an ethics dunce argue that cheater Barry Bonds belongs in the Hall of Fame because “other players did it” or because “he was good enough that he would have had a HOF career if he hadn’t cheated.” (That one makes me furious just writing it.)

I am never going to countenance anyone calling the stupid January 6 riot an “insurrection,” saying that Trump’s allegations that the 2020 election was “rigged” is “baseless,” or who repeats any of the multiplying Big Lies about what Trump has said in the past, the most recent example being flagged in a post today. I will not let any demagogue get away with saying that baker Jack Phillips discriminated against gay people when he said he would not be compelled to express approval of a gay wedding on one of his cakes because he believed this infringed his First Amendment rights.

Continue reading

It Looks Like I’m Going To Have To Add Another Democratic Big Lie To The List…

I had to run up to the office to get this down before other outrages intervened. (The list I’m alluding to is here.)

To start off the hearing today continuing the House inquiry into the Trump shooting, Rep. Jerrold Nadler (D-NY), began with a rant against “political violence” that he quickly turned into a partisan attack on Republicans. Among his statements was that Donald Trump had said that “there would be a bloodbath” if he wasn’t elected in 2024.

That’s a lie. It has been conclusively shown to be a lie. I wrote about the widespread misrepresentation of Trump’s comment at the time. Trump was using ‘bloodbath” in the economic sense, which is included in many dictionary definitions (“a period of disastrous loss or reversal“), referring to the auto industry. Quoting him out of that specific context, and placing the quote in the false context of “political violence” is intentional deceit, and deceit is lying.

The Democrats, including Nadler, know what Trump said and meant, but they keep using this false characterization anyway. Biden alluded to it repeatedly. Kamala Harris will be sure to do the same: let me know if I miss it when she does.

There are so many awful members of Congress on both sides of the aisle that I often forget about Nadler, one of the worst. He revealed himself to be a hyper-partisan hack during the Clinton House impeachment hearings, when he and the equally horrible Maxine Waters battled to a tie in the Democrats’ “it isn’t what it is” competition. He hasn’t improved since.

Democrats, all of them, are ethically estopped from repeating the mantra that Trump lies all the time as long as their party is addicted to Big Lies, which it is. Similarly, the newsmedia is hypocritical if it “factchecks” Trump without also pointing out deliberate dishonest smears like the one Nadler just vomited up.

Oh! I see that John Hammond has raised his hand! Yes, John?

I don’t blame you a bit.

It Depends On What the Meaning of ‘Conservative’ Is…Ethics, Language, Law, Art and Priorities Clash in a Strange University Case

That’s “Rust Red Hills” (1930), by Georgia O’Keeffe above. Does it seem “conservative” to you? Does “conservative” even seem like a word that can be relevant to such a painting?

Welcome to the weird court petition filed by Valparaiso University in Indiana. The school wants to be able to get around the terms of a large testamentary gift that it happily accepted in 1953. Percy Sloan donated millions of dollars and hundreds of fine art works in honor of his father, Junius R. Sloan, a famous artist in the Hudson River School. His will directed that any art acquired with the funds must be “exclusively by American artists preferably of American subjects” and “of the general character known as conservative and of any period of American art.” The University wants to sell some of the most valuable paintings it purchased with Sloan’s bequest, including the one above, to fund the construction of new dormitories.

Continue reading

AOC Is Here To Tell Us That…

Well, something. Yes, hold on to your butts: Rep. Alexandria Ocasio-Cortez (D-NY) is imparting what she regards as wisdom. I was going to make this an Unethical Quote of the Week, then I decided that I didn’t know what it was, except disturbing. Here is what she ranted last night in a live stream; I’ll have some rueful comments at the end…

Continue reading

Curmie’s Conjectures: The Pedestrian Ways of the Wisconsin Supreme Court [Link Fixed!]

[Two Curmie’s Conjectures columns in a week! We are blessed. I was also thrilled to have this particular issue examined by a non-lawyer, because in many areas, legal training fogs clear thinking when it is supposed to do the opposite. Also, of the two options Curmie closes with, the majority of lawyers I’ve discussed this case with vote for the second.

Oh—Curmie had a standard pedestrian sign as his illustration for this post, but I saw another opportunity to use one of my all-time favorite Charles Addams cartoons, and went for it. I hope he doesn’t mind—JM]

I was tempted to call the recent decision by the Wisconsin Supreme Court in the case of Sojenhomer v. Egg Harbor a head-scratcher, but I fear that such an assessment might be a little too kind.

Sojenhomer LLC owns a brew pub/restaurant located along County Highway G in the village of Egg Harbor.  They used a small portion of that land, .009 acres, for patron parking.  The village, citing safety concerns, sought to put in a sidewalk where those parking spaces currently are.  To do so, they sought to condemn that small area under eminent domain regulations.

The problem with their plan is that Wisconsin state law bars the use of condemnation to acquire property to establish or extend “a pedestrian way….”  So the case boils down to whether or not a sidewalk is indeed “a pedestrian way.”  The majority opinion, written by Justice Rebecca Frank Dallet, says no, to which I reply, “then what the hell is it?”

Continue reading

Curmie’s Conjectures: Book Reviews and the Warm Fuzzies

by Curmie

[This is Jack: I have to insert an introduction here. Curmie’s headline is fine, but it would come under the Ethics Alarms “Is We Getting Dumber?” or “Tales of the Great Stupid” banners if I had composed it. What he is describing is a culture-wide phenomenon that is far more insidious than its effects on scholarly book reviews alone. I also want to salute Curmie for slyly paying homage in his section about typos to one of my own most common and annoying typos. I know it was no coincidence.]

I published my first book review in an academic journal in 1991.  In all, I’ve written about 30 reviews on a wide range of topics for about a dozen different publications.  In some cases, I was only marginally qualified in the subdiscipline in question.  In others, especially more recently, I’ve been a legitimate authority, as well as being a full Professor (or Professor emeritus) rather than a grad student or rather green Assistant Professor.

The process has changed significantly in recent years, the biggest change being the increased level of editorial scrutiny.  A generation or more ago, I’d send in a review and it would be printed as written.  That was back when I was an early-career scholar, at one point even without a terminal degree, often writing about topics on the periphery of my interests and expertise.  My most recent reviews, when I was a senior scholar writing about subjects in my proverbial wheelhouse, went through three or four drafts before they were deemed publishable.  Note: I didn’t become more ignorant or a worse writer in the interim.

Some of the changes came indirectly, no doubt, from the publishers rather than the editors: I received the same stupid comment—to include the chapter number rather than a descriptor like “longest” or “most interesting”—from book review editors from two different journals published by the same firm.  Actually, one of those “corrections” wasn’t from the book review editor himself, but was a snarky comment from his grad assistant.  You can imagine how much I appreciated being condescended to by a grad student.  Other changes were just kind of dumb: one editor insisted that I change “whereas” to “while” (“whereas” was the better term).

But these are the kind of revisions at which one just shakes one’s head and shrugs.  The ones that actually affect the argument are far more problematic.  One author was writing about the production of a play by a female playwright from the 1950s.  There’s no video footage (of course), and if literally anyone who saw that production is still alive, I think we could forgive them for not remembering many details.  But the author decried the (alleged) sexism of the male newspaper reviewers who weren’t impressed with the production.  Nothing they said, or at least nothing the author quoted, struck me as anything but a negative response to a poor performance. 

Remember, they’re not talking about the play as written, but as performed, so the fact that the text isn’t bad (I’ve read it) doesn’t render the criticism of the acting and directing invalid.  I said that in what amounted to my first draft, but was told that I needed to say that the allegations of sexism could have been true (well, duh!), but weren’t necessarily.  In my view, declaring suspicions as fact, even if there’s some supporting evidence, might cut it as a blog piece, but it isn’t scholarship.  But whatever…

In another review I suggested that the mere fact that male dramatists wrote plays with specific actresses—their “muses”—in mind for the leading roles doesn’t mean that those women should share authorship credit any more than Richard Burbage should get co-authorship credit for Shakespeare’s plays.  I was ultimately able to make that point, but in a watered-down version. 

More recently, I was asked to “tone down” a comment that several of the authors in what purported to be an interdisciplinary collection of essays were so committed to discipline-specific jargon, incredibly complex sentences, and sesquipedalian articulations (see what I did there?) that readers, even those well-versed in the subject matter—me, for example—would find those chapters unreasonably difficult read, and might be tempted to conclude that the authors were more interested in strutting their intellectuality than in enlightening the reader. 

I stand by the analysis, but the editor was probably right to ask me to temper the cynicism.  I did so, but I kept the rest in a slightly revised version.  She seemed pleased, and told me she’d sent it off to press.  When it appeared in print, only the comment about jargon remained… and the verb wasn’t changed from plural to singular.  Sigh.

Perhaps the most telling episode was when I said that a book was extremely poorly edited and proofread.  I’ve never written a book, but I have published several chapters in collections of scholarly essays.  The process varies a little from publisher to publisher, but for one recent chapter I sent a draft to the book editor, who made editorial suggestions and proofread, and sent it back to me.  I approved some of the changes he suggested and made my case for not changing other parts of the essay.  After about three drafts, we both pronounced ourselves satisfied, and the essay went off to the series editor, who requested a couple of very minor changes.  And then it went to the publisher.  And then the professional proofreader.  And then back to the publisher.  And then back to me.  At least five different people proofread that chapter, some of us several times.

It’s still almost inevitable that some typo will still sneak by.  Of course, some publishers will cheat and rely on spellcheck, sometimes without even checking the final product.  I once encountered a textbook that intended to reference the 19th century playwrights Henri Becque and Eugène Brieux, but rendered their surnames as Bisque and Brie—a nice lunch, perhaps, but hardly important dramatists.

But this book, published by a prominent academic press, was ridiculous.  There were four and five typos on a single page, inconsistent formatting so it was impossible to tell when quoted material began and ended, at least two (that I caught) glaring malapropisms, and a number of instances of sentences or paragraphs so convoluted it was literally impossible to tell what was intended.  We’re not talking “teh” for “the” or accidentally omitting the “l” in “public,” here.

I was insistent on making the point that the book was not yet ready to be published.  A lot of the scholarship was really excellent, but the volume read like a first draft, neither edited nor proofread.  Finally, the book review editor had to get permission from the journal’s editor-in-chief (!) for me to go ahead with that commentary.

So what’s going on, here?  I can offer no firm conclusions, only speculations… “conjectures,” to coin a phrase. 

Continue reading

Wait, This Was A Gang Rape? [Expanded]

From “The Ethicist” column: A perfect example of why capitulating to preferred-pronoun bullying is madness, sending human communication back to grunts and squeaks. Here’s the inquirer’s story:

I went on a date with someone, and we went back to their apartment. In the middle of sex, I caught this person, who uses they/them pronouns, recording me on their phone. For my safety, I chose to pretend I did not notice, as I did not want to be stranded in the middle of the night. In the morning, I confronted them, and they apologized and deleted the video. They said that was their first time recording someone during sex and a spur-of-the-moment decision, albeit a bad one.

When I arrived home I felt more dehumanized than angry, as if I were a sex toy. I told my friends what happened, and they were very upset, and urged me to file a police report. I dismissed this at first, but I looked online and found that capturing imagery of a person’s private parts without their consent, when there is a reasonable expectation of privacy, is a violation of state and federal laws.

I decided to contact my date and inform them of the gravity of their actions and told them never to do it again. I also decided that I didn’t want to press charges. I do not want to subject myself to a lengthy legal process, repeating and reliving this story over and over, as well as having to tell my family or put my life on hold. My friends are concerned that I don’t feel upset enough, and they assume that this was not my date’s first time recording someone, and will not be the last. They think I should file a police report to prevent my date from recording others in the future. I chose to assume that my date is a normal human being who made a stupid decision and does not necessarily deserve a criminal record because of it. By informing my date of the severity of their actions, they now know to never make that mistake again.

My friends don’t agree with my decision, despite understanding why I would not want to press charges. We all agree that it should not be my responsibility to prevent my date from committing future crimes, but they think I should do it anyway because it’s the right thing to do. I fear that they think less of me now because I am ‘‘protecting’’ my date by giving them the benefit of the doubt, and that I’m being selfish because I do not want to sacrifice myself to the legal system on the chance that my date is a morally reprehensible person who will continue to record people without their consent. — Name Withheld, San Diego

Continue reading