Category Archives: Law & Law Enforcement

October 18, 2018 · 9:12 am

Sports In The Ethics News!

Gynnastics and Football! Mary Bono, yes, Sonny’s widow, resigned as the interim CEO of the USA Gymnastics Federation after a tweet in which she dared to express disapproval of Nike, presumably because of its decision to elevate renegade NFL kneeler Colin Kaepernick to role model status.  The tweet pre-dated her agreement to serve as an interim head while the embattled organization tries to dig out from a sexual molestation scandal. Nike is being sought as a major sponsor of women’s gymnastics, as several fled after the Federation was disgraced in the Larry Nasser scandal. Simone Biles and other gymnasts used social media to questioned whether Bono was fit to lead the organization and whether it was wise to alienate a potential sponsor. Chalk this one up to another set of timid bureaucrats being more terrified of social media than they are interested in running their organization competently. Nike now politicizes everything it touches, and has taken up permanent residence on the Left, because it thinks that where the market and the money is. Surely there are potential corporate sponsors that aren’t fond of using divisive messages to sell merchandise.

Is the new cultural standard going to be that impulsive tweets from the past, recent or distant, are legitimate reasons to can qualified people from jobs in which they have done nothing wrong? Bono’s fatal tweet just said that she had crossed out the “swoosh” on her own shoes.

Boy, when President Trump’s tweets come out, he’s going to be in BIG trouble…

On the other hand, Bono is an idiot. Her post resignation tweet suggested that both the kneeling NFL players and her swoosh censorship were protected free speech. She was a member of Congress, and she doesn’t understand the First Amendment. Worse, every time a presumed authority repeats that dead wrong “the players have a right to protest on the field” canard, America gets a little dumber.

Fire her for THAT.

Baseball! (Of course…): Continue reading →

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October 17, 2018 · 10:02 am

Morning Ethics Warm-Up, 10/17/18: Travel Hell Edition

Good Morning from Virginia Beach, VA…

…where I am giving a legal ethics seminar to a law firm this morning!

1. Count the ethics issues in Travel Hell…This story is true, and I’m not changing any names, because nobody is innocent.

Last night I had to drive to Virginia Beach after another seminar in D.C., and after yet another road trip on family business. It turned out to be a three and a half hour drive in a pouring rain. Arriving at 2:20 am at the Virginia Beach Westin, where I was supposed to have a room, I was immediately informed by the graveyard shift desk clerk that we could not stay there…because the previous occupants of the room reserved for us (my wife and business partner also made the trip) had “left fecal matter” all over the room, creating a HAZMAT situation. Not to worry, though! The beachfront Hilton would put us up, at the Westin’s expense!

Since I wasn’t paying for the room, this was small consolation.

Of course, we had unloaded the car, and the Hilton was 20 minutes away, and the desk clerk had neither an address nor a phone number, which I pointed out to her was essential. (The point of staying at the Westin was that it was convenient to the location of the law firm.) So we loaded up the car and set out to the new destination, arriving just before 3 am. There, the Hilton desk clerk told us that the hotel had just begun an audit, and we could not be put in a room for at least 20 minutes. I was literally afraid to tell my wife this, as she was in the car alternately fuming and wincing in pain because the endless trip had revived her sciatica.

I was not nice to the Hilton desk clerk, who swore that she told the Westin about the problem, and that they should have told us. I said that I didn’t care whose fault it was, they were now responsible for two weary travelers, and that it was her responsibility to fix the problem. She found a very nice man who got a big tip from me for taking charge of our vehicle and taking our stuff up to our room when the “audit” was over.

Once in the room, we discovered that two of the lamps didn’t work, the desk lamp was missing, and the clock was blinking. I told the clerk to send someone up and have the room in the shape I expect hotel rooms to be in before I walk in the door—including having the clock set and functioning.

On the plus side, no fecal matter was in evidence….

2. Why people hate lawyers…Branson Duck Vehicles and Ripley Entertainment are facing multiple lawsuits in the horrific duck boat accident that killed 17 people in Missouri , including nine members of a single family. In court papers filed this week, the companies’ lawyer cited an 1851 maritime law to limit or eliminate liability for the July tragedy.

In a filing in federal court in Missouri, the defendants denied negligence in the sinking of the boat, and argues that if a court does find negligence, they have no liability because, under that law, “the Vessel was a total loss and has no current value. No freight was pending on the Vessel.”

The reaction was predictable. Human beings have no value? This was a Hail Mary defense tactic to be sure, but if that’s the clients’ best option, it is the lawyers’ duty to argue it, IF they first inform their clients that it is a likely public relations disaster that as a cure could be worse than the disease, and seems unlikely to do anything but inflame a jury.

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October 16, 2018 · 4:13 pm

Mid-Day Ethics Warm-Up, 10/16/18: The Jerk Squad

Good whatever it is by the time I post this; big time computer problems, and every keystroke may be my last..

1. Baseball Ethics, Jerk Divison. Should baseball reward or punish its jerks? Last night in the Brewers-Dodgers NLCS game, LA’s jerks were out in force. Free-agent slugger to be Manny Machado was penalized for one dirty slide, much like the one that helped put Red Sox second-baseman Dustin Pedroia on the sidelines for the entire 2018 season,  a night after loafing to first base. Are teams really going to break the bank to try sign this guy? Then, in the ninth inning, Dodger mega-jerk Yasiel Puig mocked the Brewers closer for not throwing him a strike. Said MLB analyst Harold Reynolds, “I would have hit him with the next pitch. You can’t let an opposing player disrespect you like that.” Old school nonsense  or cultural enforcement?

Driving home from this morning’s ethics seminar, I heard two commentators on the Sirius-XM baseball channel talking about Houston Astros star Alex Bregman’s sending out a derisive social media message about Boston Red Sox pitcher Nathan Eovaldi in advance of tonight’s play-off game. They agreed that it was “good for the game” and appealed to kids for the athletes to show “personality” and “edge.”

This is “A Nation of Assholes.”  Being a jerk isn’t showing “personality.” It’s just being a jerk. No part of the culture should be extolling “edge.”

2. When in a hole, stop digging. If all goes well, Elizabeth Warren’s triumphant discovery that she is 99.9% white and therefore was justified in representing herself as a “person of color” for institutional diversity purposes will sink her career aspirations as deep as they deserve to be sunk. The fact that so much of the mainstream media is willing to have their credibility brought down with her is indicative of how stupid bias will make people. The Daily Beast, for example, writes in a headline, “Warren revealed results show Native American heritage Monday.”

Keep it up, guys. Pretty soon the jig will be up for identify politics, since  if 1/1,024th Native American means “Native American heritage,” then everyone is “of color” somehow. In that case, perhaps we’ll owe Warren a debt of gratitude. As for the news media, I am pretty sure all but the most reality-resistant progressive warriors recognize how absurd it is to call a distant, distant outlying contributor to the family gene pool sufficient to bestow “Native American ancestry,” especially when Native Americans themselves cry “hogwash.” Why are journalists so eager to rationalize Warren’s transparent distortion of fairness, science and logic? What could make them behave like that? Why should we trust people who take such manifestly ridiculous positions? Why should we respect a profession that treats us like idiots?

The news media appears to think they can keep getting further and further away from the boundaries of legitimate reportage and commentary without a critical mass of people asking these questions. Continue reading →

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October 15, 2018 · 6:03 pm

No, President Trump Did Not Promise To Pay A Million Dollars To A Charity If Elizabeth Warren Took A DNA Test!

…and Warren, a lawyer, either knows he didn’t and is saying so anyway, or is saying so without checking what he actually said, which, for a lawyer allegedly trying to enforce a contract, is both incompetent and dishonest.

And once again, the complicit mainstream media is deceiving the public to assist a Democrat’s misrepresentation. Nice.

Nah, there’s no mainstream media bias.

In a series of tweets on Monday, Warren called on Trump to pay the $1 million to charity. Trump replied to a reporter, “I didn’t say that; you better read that again.”

Says the Hill, in an article by Jordan Fabian, “Trump denies offering $1 million for Warren DNA test, even though he did.” In fact, he didn’t. This Time, Trump is telling the truth. The Hill, using the news media’s favorite trick of late, pulls only part of the relevant quote: “I will give you a million dollars, to your favorite charity, paid for by Trump, if you take the test and it shows you’re an Indian,I have a feeling she will say ‘no.’ ”

That wasn’t the whole statement. Bless law professor Ann Althouse: I was going to go through the analysis, and I really don’t have time. She’s retired now, has the time, and is a better contact lawyer than I’ll ever be. Here was her absolutely correct explanation: Continue reading →

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October 14, 2018 · 12:52 pm

Sunday Morning Ethics Warm-Up, 10/14/18…Stretching the Truth: Fake Accusations, Fake Supreme Court News, Fake Fake Doctors

Good Morning!

1.Who Could Have Predicted That Black Men Would Identify With Brett Kavanaugh?,cont. From the New York Times yesterday:

A white woman who called police after claiming that a young black boy touched her behind in a Brooklyn deli drew a storm of ridicule and criticism on social media, and late Friday she made a public apology to the child.

Critics characterized the incident as the latest example of a hypersensitive white person calling the police to report black people for dubious reasons. Many detractors imputed racist motives to the woman, Teresa Klein.

She was quickly labeled “Cornerstore Caroline” by Jason Littlejohn, 37, a lifelong Flatbush resident who recorded the commotion Wednesday outside the Sahara Deli Market on Albemarle Road. Littlejohn’s Facebook recording of the incident had been viewed 4 million times by Friday evening.

“I was just sexually assaulted by a child,” Klein is heard saying on the video as she was on the phone with the police. The boy, who is about 9, and another child burst into tears outside the store as bystanders confronted Klein about the incident. “The son grabbed my ass and she decided to yell at me,” Klein continued in the video, referring to his mother. The video was first reported by The New York Post.

I just don’t think the Left thought through this “believe all women who claim to be victims” bit. And I’m still confused about the rules. You have to believe a white woman who accuses a white high school kid of sexual assault if she remembers it 30 years later, but you don’t have to believe a white woman who accuses an even younger kid immediately, if he’s black? Does it matter if she’s black? If the accused was a white high school kid, then would everyone have to believe her?

2. Newton’s Third Law! From the Huffington Post: 

Minutes after an event at a Manhattan Republican club meant to celebrate violence against leftists, attendees belonging to a proto-fascist, pro-Trump street gang reportedly pummeled three people on the sidewalk in Manhattan’s Upper East Side while shouting homophobic slurs.

Footage posted online by video journalist Sandi Bachom shows a group of men who appear to be Proud Boys — a misogynistic and anti-Muslim fraternity known for committing acts of political violence across the country — kicking and punching three apparent anti-fascist protesters as they lay prone on the sidewalk.

“Do you feel brave now, faggot?” one of the attackers yelled, according to Bachom and another journalist, photographer Shay Horse. Another video shows multiple attackers yelling “faggot.”

HuffPo, being smear-meisters, calls the group “Pro-Trump” in its headline. I don’t recall any news source calling the antifa a “pro-Obama group” when it was running amuck punching people on Inauguration Day. Speaking of the antifa,  here’s a tweet from a Portland journalist from October 8: Continue reading →

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October 13, 2018 · 8:30 pm

From The “Bias Makes You Stupid Files”: Who Could Have Predicted That Black Men Would Identify With Brett Kavanaugh?

Kanye West may be crazy, but he isn’t wrong.

Writes the former race-baiting ESPN reporter Jamele Hill in The Atlantic:

On Tuesday night, I was in an auditorium with 100 black men in the city of Baltimore, when the subject pivoted to Brett Kavanaugh. I expected to hear frustration that the sexual-assault allegations against him had failed to derail his Supreme Court appointment. Instead, I encountered sympathy. One man stood up and asked, passionately, “What happened to due process?” He was met with a smattering of applause, and an array of head nods.

Why did Hill expect a group that  has historically been the victim of “believe the white woman” more than anyone to regret the failure of the desperation hit on the SCOTUS nominee using the banneer of #meToo waving over an unsupported accuser? Why did the Democrats? It’s pure bias: they assume that any group in their base automatically approves of their “ends justifies the means” tactics, no matter what basic principles of justice or democracy  have to be sacrificed. I heard about Hill’s bias-driven myopia before I read the whole article, and immediately wondered what Brian Banks, the promising high school football player whose life was upended when a jury believed his false accuser, Wanetta Gibson, would think of the argument that Kavanaugh’s appointment should be forfeit because a single accuser “must be believed.” As it turns out, Hill thought about Banks too, and even approached him.

I reached out to Banks and asked whether he had any thoughts about this solidarity some black men seem to feel with Kavanaugh, but he politely declined to comment. I can’t say that I blame him, since there’s probably nothing Banks could say that wouldn’t be interpreted as being unsympathetic toward victims.

Interpreted by who? I’m sympathetic toward victims, but like Banks, I suspect, I’m not sympathetic with those who want to ruin the lives of men, be they a an African American high school athlete or a judge with an impeccable personal and professional record as an adult, by discarding the principles of due process, equal justice, and presumption of innocence. Nobody can say that Blasey-Ford is a victim any more than the women who got Emmet Till killed was a victim. Democrats wanted her to be a victim, and that was the sole basis for her to be believed more than the man she accused. Continue reading →

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October 12, 2018 · 10:47 pm

REALLY Late Morning Ethics Warm-Up, 10/12/18: The Mean Edition!

Okay, it’s way past morning. Couldn’t be helped.

1. You know, like the Democrats and feminists didn’t like Brett Kavanaugh…In Pittsburgh, Pennsylvania, a group of five high school girls confessed to targeting a boy with false sexual assault allegations just because they “don’t like him.” Now the boy’s parents, Michael J. and Alicia Flood, have filed a lawsuit claiming that Seneca Valley High School students in Pittsburgh “conspired in person and via electronic communication devices to falsely accuse [their son] of sexual assault on two occasions.”  They are suing the girls’ parents, the school district and the Butler County District Attorney’s office. Why the DA? Because it has refused to charge the girls, and why should it? They should have been believed, right?

2. Pssst! LA? This is unconstitutional. I guarantee it. In Los Angeles, the City Council passed an ordinance requiring city contractors who have ties to the National Rifle Association to disclose them. “Are you now or have you ever been a member….?”

3. Tales of the Slippery Slope. Hey, if high school conduct is fair game, why not the third grade? The Hollywood Reporter published a tell-all by White House advisor Stephen Miller’s third grade teacher, Santa Monica-Malibu Unified School District’s Nikki Fiske. She told tales out of school about when Miller was her student at  Franklin Elementary School, revelations designed, of course, to show that a weird kid grew into a Trump-abetting monster. He ate glue! He was messy!

Fiske was pulled from her classroom and is now on paid leave until the school district decides what to do with her. The  concern is “about her release of student information, including allegations that the release may not have complied with applicable laws and district policies,” district spokeswoman Gail Pinsker said.“This has been picked up by other digital publications and blogs, and some issues have been raised.”

Ya think? Continue reading →

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