Law & Law Enforcement

Comment Of The Day: “The Hypocrisy And Dishonesty Of The Democratic National Convention Apparently Made Rose McGowan’s Head Explode”

/ Jack Marshall / 5 Comments

Glenn Logan took on the macro-issue of broad-brush political pronouncements in his Comment of the Day, which was only touched upon in the original post. That concerned activist Rose McGowran’s angry tweets,

I wrote in part that

“we see the limitations of Twitter…its advantage is that it is the only way to communicate with a large—far, far too large—proportion  of the American public, which is unlikely if not unable to read anything serious that has more words than a combination of three or four bumperstickers…McGowan’s assertions are “right,” is a general, meat-axe way, but they aren’t arguments. They are the ” this just is” pronouncements of someone who won’t countenance an argument, and, in most cases, isn’t capable of making one. That’s Black Lives Matter. That’s “the resistance.” That’s Maxine Waters and MSNBC….

Glenn took off from there in his Comment of the Day on the post, “The Hypocrisy And Dishonesty Of The Democratic National Convention Apparently Made Rose McGowan’s Head Explode”…

Too right, and that list is so long the full one would require a bigger blog.

What interests me is how often we all engage in these kind of broad-brush arguments that reject any aspect of nuance. Some Democrats have, to varying degrees, addressed many or even all of the ends she thinks are desirable. So have some Republicans.

The intractable problems of society cannot be solved by pronouncements, either of solutions or failures. That’s why they remain intractable. Black people most notably have refused to participate in extracting their “people” from poverty, crime, dependency and negative perceptions. “Brown” people is not a race or even a thing, and claiming they may be characterized in the same way as blacks renders the statement absurd. Each racial group has unique problems relating to their culture, their perception by our society, and their willingness to integrate into America.

I find it interesting that the Democrats completely ignore “yellow” people as if they never had the struggles of other minority populations — a risible idea that has infected the Democrat identity-politics groupthink. But the Asians have shown how to fight all the problems blacks and some other races have suffered through for generations — by willingly assimilating into America.

The fact that black people haven’t embraced this idea despite living here longer than Asians is a big part of why so little progress has been made. Now, blacks want new, government-enforced segregation policies created to further alienate them from America. Can there be any doubt as to how this new demand will work out if implemented?

“Police brutality?” The vast majority of police are professionals and behave that way. But to Rose, who has only a proverbial hammer, there are nothing but nails in blue. Continue reading →

Friday Ethics Round-Up, 8/21/2020: Democratic National Convention Hangover Edition

/ Jack Marshall / 16 Comments

No, John Wayne doesn’t speak Spanish in “Red River,” but this was the only clip I could find of its iconic “Yahoo!” sequence. This may be the best Western ever; I don’t know, I go back and forth on it. Amazingly, Howard Hawks never won an Oscar…but then neither did Orson Wells, Alfred Hitchcock, or Cecil B. De Mille.

1. Now this is uncivil and unethical political speech (Pointer: Tim Levier):

No, it’s not justified by “tit for tat,” but the ugly, ad hominem abuse heaped on President Trump by the Democrats this week was hardly better.

2. Oh, it’s Friday; why not check in with Paige Spiranac? You remember Paige, right? I posted about her here. She’s not much of a professional golfer, but she is now a “social influencer.” She has power and influence because, let’s be frank, she looks like this, and makes sure everyone knows it:

Now she has a viral ethics tweet about slow golfers:

That’s slowLY, Paige. Mustn’t enable those “dumb blonde” jokes.

This has actually sparked a controversy in social media, though there shouldn’t be any question that excessively pokey golfers are being rude and inconsiderate. The rationalizations being offered by defenders of slow play are, sadly, illustrative of the ethics skills of too much of the public. For example:

“That’s a dumb comment. Golf is a leisure sport. You are meant to enjoy the sport with friends and family and take time while doing it. Especially if you’re not playing for millions.”

Continue reading →

Mid-Day Ethics Madness, 8/19/2020: Susan B., Fauxahontas, Utah…And “Gordie”

/ Jack Marshall / 19 Comments

When I was looking through the 2012 posts yesterday, ultimately stumbling upon the long discourse about Barack Obama’s disastrous Presidency, I was struck by how, even in an election year, so many non-political ethics issues were discussed here. This is something that was already driving me crazy about 2020. Thanks to the pandemic, there is virtually no popular culture news. Legal ethics news is drastically reduced, as are reports from other sectors of society and culture. In this warped environment, politics spreads like kudzu, or killer bees, or snakeheads—you can choose your favorite invasive species or opportunistic organism analogy. I’m trying, I swear, but my over-all impression looking back on 2012 is that writing, and I presume reading, an ethics commentary blog was a lot more fun.

I’m sorry.

1. Today’s rejected Ethics Alarms comment comes from “Gordie,” was opining on the post on Ellen De Generis’s late hit accuser. He wrote,

Ellen was an a$$ to this boy and shes paying for it now. All you lip huggers need to wake TFU and rejoice when you hear truth no matter how unsavory or unpalatable you find it. Be a bully, get bullied. Dont you all see that Karma train pullin up? And with enough hands to slap every butt as it goes on by toot toot

Observations:

  • Welcome to my world. This is why so few new voices are added to the commentariat here.
  • Does anyone know what a “lip-hugger” is?
  • Tells in the comment that let us know the writer can’t tell an ethics from fuzzy slipper: mentioning “karma,” and the statement, “Be a bully, get bullied.”

2. Here is some non-political legal ethics news, and it’s important, if technical.

Before this week, only the District of Columbia, where I am licensed, allows non-lawyers to be partners in law firms. The majority position in the profession is that non-lawyers inevitably have a different alignment of values from the legally trained, and thus are not likely to be as sensitive to duties to clients, like confidentiality, and conflicts of interest. Pure “investors” are also banned from buying a share of law firm profits, because they are deemed likely to be governed by financial needs and motives rather than the best interests of clients.

When the D.C. bar decided to break the mold decades ago, everyone assumed that other jurisdictions would follow its lead, and soon doctors, engineers, scholars and accountants, among others, would be joining firms and allowing them to add new services. (Europe and Australia already allow  such “multidisciplinary firms.”) It didn’t happen.

Now, however, the dominoes might be starting to fall.  From the ABA Journal: Continue reading →

Addendum: “Now THIS Is “Condign Justice”: The Democrats’ Hypocrisy And Bill Clinton’s Massage”

/ Jack Marshall / 8 Comments

The Clinton spin machine is already trying to minimize the significance of the photo of Bill Clinton being massaged by one of Jeffrey Epstein’s sex slaves, which surfaced just as Clinton was about to speak at the  virtual Democratic National Convention. That spin machine is damn good—after all, it was taught by the best. The narrative, however, is the equivalent of throwing dust in the eyes of observers while they are being blasted by a fog machine.

Here is the current “it depends what the meaning of ‘is’ is” deceit from Clinton’s lackeys, which was kindly provided by a commenter:

  • The woman who was giving him the massage in the photo was 22 years old at the time, not underage.
  • She really was a trained massage therapist.
  • The photo was taken in a public place — an airport — during a trip to Africa for a humanitarian mission, not to Jeffrey Epstein’s pedophile island.
  • Clinton was in the company of several celebrities “who have never been accused of wrongdoing” who believed they were taking part in a genuine charitable event.
  • According to the masseuse, Clinton was charming and sweet and did nothing inappropriate during the trip.

I wrote the following in response, which Zanshin, another veteran commenter, proprly suggests should be buried in the comments, which, sadly, a lot of readers ignore. I’ve edited it slightly: Continue reading →

Open Forum On Zoom Day!

/ Jack Marshall / 34 Comments

Ugh. I have a Zoom seminar  on legal ethics to give today, which means dry runs, tech checks, and anxiety. I’ve concluded that I detest Zoom programs. You can’t read your audience, and for all I know they are doing crossword puzzles. Managing notes is awkward, graphics don’t look very good, and neither do I.

I  intend to be pantless as my silent protest against the whole fiasco.

Since I have no idea how and when posts will be emanating from 2707 Westminster Place, I’m opening up another Open Forum. As always, keep your commentary on topic (ethics and leadership), civil, witty, and substantive.

Now I’m going to review my notes…

Sunday Ethics Apparitions, 8/16/2020: Triceratops? What Triceratops? What IS A Triceratops?

/ Jack Marshall / 5 Comments

1. From the Ethics Alarms cultural literacy files. I remember this re- tweet by acclaimed novelist Joyce Carol Oates from 2015; I can’t believe I didn’t post on it then. (Pointer to Ann Althouse for reminding me of it today):

Now,  I would like to believe that Oates was joking (I’m not sure about Tilley), but she is not known for madcap humor. Apparently “Jurassic Park,” Steven Spielberg  and popular culture are beneath her, and she was so focused on literature in school that dinosaurs completely missed her attention. I regard this as being estranged from one’s culture, and I regard that as irresponsible.

2. Question: If Twitter is taking down tweets involving hate speech, why is unequivocal hate like this permitted? Robert Trump, the President’s younger brother, died yesterday. The President wrote,

“It is with heavy heart I share that my wonderful brother, Robert, peacefully passed away tonight. He was not just my brother, he was my best friend. He will be greatly missed, but we will meet again. His memory will live on in my heart forever. Robert, I love you. Rest in peace.”

Yet the hateful, vicious “resistance” couldn’t rise to a moment of bipartisan decency. The hashtag #wrongtrump, is the second highest trending on Twitter, with more than 80,000  tweets last I checked. Among the the ghouls were journalist David Leavitt., ” who tweeted, “What did he promise the devil for the Grim Reaper to take the #wrongtrump ???” (5.7 thousand people “loved” the sentiment), and Bishop Talbert Swan, president of the Springfield, Massachusetts, branch of the NAACP (and a pastor, which will perhaps help illuminate my attitudes toward organized religion), who wrote “Dear Grim Reaper, You took the #wrongtrump.” That one got 10,000 hearts.

These are mean, bad people with dead ethics alarms. Continue reading →

No, The Trump Campaign Is Not “Stealing” Neil Young’s Songs

/ Jack Marshall / 12 Comments

Despite what you may have read, Neil Young is being a jerk.  This month, the singer sued the Trump campaign over its use of “Rockin’ in the Free World” and  “Devil’s Sidewalk,” both of which were played at a Trump  rally in  June. In his suit, the musician accused the campaign of copyright infringement for playing the tracks without a license, and asked for the campaign to be ordered to stop using them, as well as for statutory damages.

It’s a dishonest suit. The real reason for it is also in the complaint, in which he says Young “cannot allow his music to be used as a ‘theme song’ for a divisive, un-American campaign of ignorance and hate.”

Of course, it is the party Young’s sympathies presumably  lie with that have been inflicting hate and ignorance on the U.S., but never mind.

Young was on sounder legal and ethical ground in 2018, when he wrote that he had  no legal recourse to stop Trump from using his music, writing on his website, “Legally, he has the right to, however it goes against my wishes.”

Well too damn bad, Neil. You sold your right to have your wishes obeyed in such matters. You’re just virtue-signaling, and I hope the Trump Campaign counter-sues.

Campaigns purchase the same right to play songs that radio stations, shopping malls  or concert halls do by paying for blanket licensing deals with licensing companies like ASCAP and BMI. They act as agents of artists to sell the public performance rights for millions of songs on their behalf, including Neil Young, in exchange for a fee. Campaigns purchase special licenses , allowing them to use songs at venues around the country.  The licensing organizations’ consent decrees with the Justice Department preserve a fair marketplace by requiring them to offer their catalogs of songs to any “similarly situated” party that wants to use the music. Continue reading →

Discrimination Against Asian American Students Is Discrimination Against Asian American Students: Why Is This Even Debatable?

/ Jack Marshall / 17 Comments

The Trump administration has  fingered  Yale as discriminating against Asian-American and white applicants, just as an Asian-American student group had made the same claim in lawsuits against Harvard, the University of North Carolina at Chapel Hill, and a recently filed case against the University of Texas at Austin. A federal judge ruled in Harvard’s favor last year, but i do not believe the decision will stand up on appeal, since it is dishonest and illogical. The Trump Administration is supporting the plaintiffs as it should…as everyone should.

I wrote about the Harvard decision here.  As you would expect, the analysis differs not at all from the ethics verdict regarding Yale’s discrimination, which is similarly indefensible. Also as you might expect, the “it isn’t what it is” rationalization (#64!) is rampant while the usual suspects try to defend it now, when the Black Lives Matter mob is demanding discrimination in favor of African Americans in all things—hiring, promotions, ring, college admissions, arrests, prosecutions, casting, honors, running for Vice-President—as if that is anything but racism, flat-out.

The New York Times–of course–is and will be embarking on a course of trying to obscure the obvious right and wrongs of the situation, as well as engaging in some ethics  jujitsu to make out the Trump Administration and anyone who thinks that no discrimination on the basis of race means no discrimination on the basis of race  as racist villains.  In this article, for example, the Times attempts or enables several dishonest arguments to discredit what should be self-evident, including… Continue reading →

Saturday Ethics Warm-Up, 8/15/2020: Of Cancellations, Retractions, Rants, Lies And Signs

/ Jack Marshall / 20 Comments

Never mind the small talk; let’s get to it.

1. Hmmm…What’s going on here?  New York officials originally decided to cancel  “‘Tribute in Light,” the  twin beams that shine over lower Manhattan as part of the annual  9/11 commemoration. The National September 11 Memorial & Museum, which oversees the installation, said in a statement this week,”This incredibly difficult decision was reached in consultation with our partners after concluding the health risks during the pandemic were far too great for the large crew required to produce the annual ‘Tribute in Light.'”

The announcement caused widespread puzzlement. How large could the necessary crew have to be? Geraldo Rivera opined on Fox News that the decision was political, as Democrats sought to “make everybody miserable” so President Trump could be blamed. That theory was quickly picked up by others, along with complaints from New Yorkers that the popular memorial celebration was cancelled for no good reason.

Then, today, New York officials made a U-turn. “Honoring our 9/11 heroes is a cherished tradition. The twin towers of light signify hope, resiliency, promise and are a visual representation of #NewYorkTough,” Cuomo said. “The virus has taken so much and so many. But now the tribute will continue.”

2. Now THIS is Trump Derangement! When did it become considered acceptable and professional for news anchors and public events show hosts to behave like this?  MSNBC “Morning Joe” co-host Mika Brzezinski went on an extended, fanciful, hateful anti-Trump rant on yesterday’s broadcast. Here’s a transcript of a supercut video featuring the bulk of Mika’s meltdown: Continue reading →

Afternoon Ethics Afterthoughts, 8/14/2020: The Great Stupid, And Other Problems

/ Jack Marshall / 6 Comments

MAD-ness! MAD-ness!

1. This isn’t stupid, it’s just disturbing. Kevin Clinesmith, a top FBI lawyer who fabricated evidence in the federal  warrant used to spy on the  Trump campaign through Carter Page will plead guilty to federal charges brought by U.S. Attorney John Durham.  His plea will  admit to deliberately fabricating evidence in a Foreign Intelligence Surveillance Act warrant application. 

Clinesmith is the first individual to be charged as part of U.S. Attorney John Durham’s investigation into the efforts  to spy on the Trump campaign and Trump administration. Both Durham and Attorney General William Barr have stated that they had reason to believe the entire investigation of the President, which allegedly began in late July of 2016, was illicit and unjustified.

Expect the news media, in collaboration with Democrats, to bury, spin, deny and otherwise attempt to mitigate the sinister implications of this development, and those to follow. Continue reading →