Law & Law Enforcement

On Dress Codes, Modesty, Utilitarianism, And The Golden Rule [CORRECTED]

/ Jack Marshall / 18 Comments

 

There were a lot of ethical considerations being ignored or scuffed in a strange conflict in Utah County, Utah.  Rebecca Ortinez, a regular plasma donor to BioLife Plasma Services, was told by managers at the facillity that she could not donate and had to leave the premises because of her immodest attire. According to Ortinez, who issued a detailed account of her treatment on social media, she was told, “We have a lot of RMs [Mormon Returned Missionaries] that donate and how you’re dressed is very distracting, so you are going to have to leave.”

Ortinez added a selfie of her outfit, chosen, she said, because she expected to have to wait outdoors and it was “95 degrees in the shade”:

When she was told she had to leave, Ortinez refused and demanded that the request be put in writing, which the manager refused to do. Then the manager elaborated on her objections to Oridnez’s appearance: she informed Ordinez she was distracting because her “nipples were poking out” and added  that she should be ashamed of herself. Ortinez reacted to that by refusing to leave unless the objections were put in writing and she could see the plasma center’s dress code provisions. The managers threatened to call the police and did so, telling them that they wanted Ortinez banned for life from all Biolaife Plasma Centers

After she finally left the property and received a copy of the police report, Ortinez sent out a Facebook post “For Donors, ACLU, ACLU Utah, Fox News, KSL 5 TV, KSL Newsradio, KSL.com, KUTV 2News,” telling the tale and announcing,  “Now I’m blasting BioLife on my extensive social media platforms!”

You go girl!

Analysis: Continue reading →

From The “Stop Making Me Defend The Washington Post!” Files: The Sheriff’s Threat

/ Jack Marshall / 7 Comments

“Nice little library you got there…”

Like the New York Times, the Washington Post engages in fake news and unethical journalism virtually every day. For a critic to strain to find example of the either paper exhibiting its bias is not only unethical, its unnecessary. Be patient: the Post and Times will be lying if you just wait a minute.

The link bait I fell for was “The Washington Post Can’t and Won’t Stop Lying” from something called Front Page Mag. The Post headline the writer felt was an example of the paper “[churning]  out social justice clickbait that it knows to be false”  was…

A Nevada library wanted to back Black Lives Matter. The sheriff said he wouldn’t respond to 911 calls there.

Quoth Front Page: “As anyone who can read, a category that probably includes even Washington Post hacks, can see that’s not what Sheriff Coverley said. Sheriff Coverley did not say that he wouldn’t respond to 911 calls, but suggested that the library should live up to its principles by not calling 911.”

I can read, and I rate the Post’s analysis far more accurate than that spin. Who wrote this, Bill Clinton? Here’s what the sheriff communicated  to the Douglas County Public Library Board of Trustees: Continue reading →

Friday Ethics Footnotes, 7/31/2020: 1619, Dumber Lawyers, And Trader Joe’s Stands Up For “Trader Ming’s”

/ Jack Marshall / 16 Comments

1. Psst! This doesn’t send a message that is complimentary to minorities...The California Supreme Court, which oversees the state bar, agreed to lower the passing score for the exam. The objective is to raise the number of black and Hispanic lawyers. 40 % of California’s population is white, and 60% are not. But 68% of California lawyers are white, according to a new report by the State Bar of California.

Well, so what? Maybe more whites want to be lawyers; whatever the reason, lowering the standards for getting a license seems like a poor way to improve the situation, since it promises to add more dim attorneys. Why do all professions have to have identical demographics to the population at large?

“There is absolutely no evidence that shows having a higher score makes for better lawyers,” said UCLA School of Law Dean Jennifer L. Mnookin. “There is significant evidence that it reduces the diversity of the bar.” Yeah, I’m pretty sure letting people get law licenses by playing beanbag would also lead to a more diverse bar. There is no way to determine whether having higher scores on the bar exam correlates with being a “better lawyer,” but I guarantee not being able to pass the bar exam correlates with being significantly slower on the uptake that a lawyer who can.  Mnookin is saying that intelligence and critical thinking skills don’t factor in the practice of law. What an interesting thing for a law dean to say. Do you think she really believes that?

No one has been able to show that the bar exams anywhere have a racial bias, but since other explanations for comparatively low passing rates among African-Americans are not politically palatable, the George Floyd Freakout has led to this. California will now have dumber lawyers of all colors. Progress! Continue reading →

Unethical Quote Of The Week: Tiffany Haddish

/ Jack Marshall / 8 Comments

“I would hate to give birth to someone that looks like me, and then, knowing that they’re gonna be hunted or killed.”

—-Black comic and actress Tiffany Haddish, explaining  why she hasn’t had children.

Haddish made this astounding statement in an interview with Carmelo Anthony on his YouTube show, “What’s In Your Glass?”,  as she explained why she joined a Black Lives Matter protest.

“I’m a little older now and people are always like, “You gonna have some babies? When are you gonna have some babies? You gonna drop some babies?'” she babbled. “There’s a part of me that would like to do that, and I always make up these excuses like, ‘Oh, I need a million dollars in the bank before I do that, I need this, I need that.”

Then after an explanation that indicates that Haddish thinks she is living in the days of the Underground Railroad and her children would be pursued through the swamps by bloodhounds, like Eliza in “Uncle Tom’s Cabin,” she asked, “Like, why would I put someone through that?”

“And white people don’t have to think about that. It’s time to talk about that, and how we have to come together as a community and work as a unit. Maybe we don’t all agree on the same things, but we need to just find some common ground and move forward as human beings not as like, you know,” she concluded, making no sense whatsoever. Continue reading →

Baseball Ethics While Watching Baseball, Part 2: Revenge

/ Jack Marshall / 14 Comments

The second baseball ethics story that imposed upon my consciousness last night (the first was posted on here), is more substantive than the first.

Some background is required. The Houston Astros are playing the Los Angeles Dodgers for the first time since it was revealed that the Astros had used an illegal (in baseball terms) scheme to assist the team’s hitters by stealing the opposition’s signs using outfield cameras during the entire 2017 season, including the World Series. The Dodgers were the Astros’ National League opponents in that Series, a very close one. They have not been shy about claiming that they were robbed of a World Championship.

The two teams meeting for the first time since the Astros management was punished by Major League Baseball sparked lots of speculation. Dodgers manager Dave Roberts said he didn’t expect his players to retaliate against the Astros, which shows what he knows.  In the sixth inning of the first game of the series with the Dodgers leading 5-2,  fire-balling L.A. reliever Joe Kelly threw a 3-0 fastball over Houston’s MVP Alex Bregman‘s head to the backstop. This is what as known as “a message.” Later in the same inning, with runners on first and second, Kelly threw a first-pitch fastball that nearly hit Astros shortstop Carlos Correa in the head. That ball also sailed to the backstop and allowed both runners to advance. Correa  ultimately struck out, and as Kelly retreated from the mound towards the dugout, he made a mocking frowny face, then shouted, “Nice swing, bitch!” at Correa. These are known in technical baseball lexicon as “fighting words.” Both benches emptied, but no punches were thrown. The Dodgers went on to win 5-2.

During the off-season, Baseball Commissioner Rob Manfred issued a memorandum telling teams not to retaliate against the Astros. There is also a temporary rule for the shortened 60-game 2020 season prohibiting players and coaches from fighting with other teams or arguing with umpires—social distancing, don’t you know.

While I was watching last night’s Red Sox-Mets game, I learned that Joe Kelly had been suspended eight games. Continue reading →

Nah, There Are No Race-Obsessed Anarchists Running Seattle!

/ Jack Marshall / 12 Comments

The progressive revolutionaries’ latest gaslighting exercise and eye-rolling “Oh, pshaw!” is that there really are no anarchists pulling the strings in the Great Northwest—you know, like the protests are “mostly peaceful,” except for the occasional Molotov cocktail and lasers aimed at the eyeballs of those trying to keep the peace. Coincidentally, Christofer Rufu, one of the excellent writers at City-Journal, has revealed that frightening documents had been leaked to him from the King County Executive’s office (that’s Seattle). He writes,

Seattle’s Office of Civil Rights has developed a “race and social justice” curriculum for all 10,000 city employees. I’ve obtained new documents from the city’s segregated “whites-only” trainings, which induct white employees into the cult of critical race theory….I’ve received a trove of leaked documents from within the King County Executive’s Office claiming that the justice system is a “white supremacist institution” that must be dismantled. It’s explosive…The document begins by claiming that the justice system is built of a foundation of “racism,” “white fragility,” and “white supremacist culture.” They say that whites have a “need to control” and have designed “social conditions” to “oppress People of Color”…Next, they claim that the jails are designed as “a system of oppression based on race and built to maintain white supremacy.” The plan to permanently shut down the jails is centered on the obligation to “isolate race” and “examine the presence and role of whiteness.”…Next, the government defines “white culture” as one that focuses on the corrupt and racist values of “individuality,” “meritocracy,” “linearity,” “progress,” “objectivity,” and “the written word”…n the attached glossary, the officials claim that whites uphold “the U.S. white supremacy system,” “oppress People of Color,” and have “unearned power and privileges associated with having white skin,” which they call “Whiteism.”

Interesting. Reminds me of the Smithsonian’s “Whiteness” chart. Continue reading →

The Supreme Court Holds The U.S. To A Promise

/ Jack Marshall / 15 Comments

“On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands in the West would be secure forever…Because Congress has not said otherwise, we hold the government to its word.”

Thus did Justice Neil Gorsuch begin and end his historic 42-page majority opinion this month in McGirt v. Oklahoma, as the Supreme Court ruled  in a 5-4 decision that the Creek reservation in eastern Oklahoma had never been “disestablished” by Congress, and thus the promise made in a series of 18th Century treaties ensured that the territory remains an Indian reservation for the purposes of federal criminal law, and quite probably in other areas as well.

The decision was overshadowed by more politically debated decisions this month, but it may be the most overtly ethical of the Supreme Court’s recent holdings. Among other virtues, it rejects the false logic of Rationalization #52. The Underwood Maneuver, or “That’s in the past.” That one holds that time erases accountability, an attitude  useful to the habitually unethical, because “moving on” gives them  an opportunity to repeat their unethical and harmful conduct, or worse.

The Underwood Maneuver manipulates the victim of wrongful conduct into forgiving and forgetting without the essential contributions a truly reformed wrongdoer must make to the equation: admission of harm , acceptance of responsibility, remorse and regret, amends and compensation, and good reason to believe that the unethical conduct won’t be repeated.  By emphasizing that wrongdoing was in the past, this rationalization all but assures that it is also lurking in the near future.

Potentially half of Oklahoma will be affected by McGirt. The issue was whether the state of Oklahoma could prosecute Indians accused of major crimes in Indian Country, or if, under an 1885 federal statute known as the Major Crimes Act, such offenses were within federal jurisdiction. The case hinged upon whether the Creek Reservation had been withdrawn or disestablished, by Congress in the lead-up to Oklahoma’s admission to the Union in 1907, thus causing Hugh Jackman to sing.

This is 3 million acres in and around Tulsa we’re talking about here.

With the Court holding that the Creek reservation was never disestablished, four other tribes— the Seminole, Cherokee, Chickasaw and Choctaw Nations in eastern Oklahoma— may benefit from similar rulings. Those tribes’ total territory covers  19 million acres where 1.8 million Americans now live, relatively few of whom are Native Americans. Continue reading →

Tuesday Dusk Ethics Musings, 7/28/2020: Bitch, Bitch, Bitch

/ Jack Marshall / 24 Comments

I had a friend who was sure the lyrics were about “ducks in the wind.” Dust, ducks, dusk…whatever. Never liked the song, but it suits my mood after today’s farewell to an old friend, maybe the sweetest person I’ve ever known or ever could know, at Arlington. Here were old friends, many who hadn’t seen each other in many years, standing around, six or more feet apart, trying to talk through masks and to recognize each other.

This is no way to live.

1. I have to say this: At a time when Gilbert and Sullivan is being “cancelled” by the sick combination of hyper-sensitivity to fantasy gender stereotypes and the ignorant belief that “The Mikado” is racist—morons!—I should not be forced to listen to Lifelight’s badly set, forced, incompetent parody of “The Major General’s Song.” I could write better lyrics than that, yes, even about vegetable meat substitutes, with half my brain tied behind my back. There’s no excuse for such lazy, lousy writing, especially for compensation. Was the writer the company CEO’s 12-year-old niece?  Gilbert and Sullivan were geniuses; their work shouldn’t be desecrated like that.

2. Shut up, David. David Price, who couldn’t be bothered to play baseball and help relieve the public’s stress for a paltry 10 million dollars, is home and sniping at Major League Baseball for not shutting down after 14 members of the Florida Marlins tested positive for the Wuhan virus. Well, some of his colleagues need their salaries, unlike Price, who has a 150 million or so in the bank unless he has a gambling habit, and baseball, to its credit, is determined to gut it out, much as it did during the 1918 Spanish Flu pandemic. Good. Thank-you.

3.  How can anyone take an award seriously that does something like this? On the other  hand, it’s comforting that after all these years, the Kennedys are still hyper-partisan, hypocritical, and silly. 2020’s Robert F. Kennedy Human Rights Ripple of Hope Awards, which supposedly honors “changemakers” who are advancing human rights, equality and justice, have been awarded to, among others, Dr. Fauci and Colin Kaepernick. The Kennedys’ game could not be more transparent if they admitted it. Kaepernick, whose questionable contribution  to human rights has been kneeling where he shouldn’t and cashing in with Nike, but he’s a walking Black Lives Matter ad, and so it’s a poke in the President’s eye. As for Fauci, the message is that he’s brilliant, so Trump is the reason why the pandemic has raged.

Here are some recent award winners: Obama, Hillary Clinton, Joe Biden, and Nancy Pelosi. Continue reading →

The Murder Of Mary Phagan And The Forgotten Heroism Of John M. Slaton

/ Jack Marshall / 18 Comments

I  just brought The Ethics Alarms Heroes’ Hall of Honor up to date. There are 44 men and women whose inspiring stories reside there, and I know who #45 will be: John Marshall “Jack” Slaton (December 25, 1866 – January 11, 1955),the 60th Governor of Georgia.

This won’t be the official entry for John Slaton; I want to do him justice, and the story of his moment of principle and sacrifice is not only complicated, but I am having a hard time settling the facts. The short version is this:

Mary Phagan, 13, an employee at Atlanta’s National Pencil Company where Leo Frank was the manager, died of strangulation on April 26, 1913. Her body was discovered in the factory’s cellar the next morning.  Over the course of their investigation, Atlanta police arrested several men, including the night watchman Newt Lee, Frank, and Jim Conley, a janitor at the factory. Lee and Conley were black; Frank was Jewish. Though this was the height of Jim Crow in the South, prejudice against Jews was as strong in Atlanta as racism.

On May 24, 1913, Frank was indicted on a charge of murder and the case was tried at Fulton County Superior Court beginning on July 28. The prosecution’s key witness was  Conley, who described himself as an accomplice, assisting Frank in disposing the girl’s body.  Frank’s defense lawyer argued that Conley was the real killer.

The jury pronounced Leo Frank guilty verdict on August 25, 1913. Then followed a series of unsuccessful appeals, the last being before the U.S. Supreme Court, which rejected it in April of 1915. Georgia Governor John M. Slaton was a popular figure about to leave office, and considered a rising political star whose ascension to the U.S. Senate was likely, if not a forgone conclusion. It was assumed that he would quickly reject Frank’s request for a pardon, given the extensive appeals and the overwhelming public outrage regarding Mary Phagan’s murder.

Those assumptions were wrong. A trial lawyer before entering politics, the Governor reviewed the evidence, acquired some evidence that had not been presented at trial , and interviewed some of the witnesses, including Conley. who had changed his story several times.  Slaton also heard arguments from both the prosecution and defense.

Although he knew, and had been warned, that taking any action favorable to Leo Frank would not only end his political career in Georgia but also place him and his wife in mortal peril, Slaton commuted Frank’s sentence from capital punishment to life imprisonment. In his official statement, he wrote,

I can endure misconstruction, abuse and condemnation, but I cannot stand the constant companionship of an accusing conscience, which would remind me in every thought that I, as a Governor of Georgia, failed to do what I thought to be right.

Continue reading →

The Ethics Vacuum That Is CNN’s Brian Stelter

/ Jack Marshall / 5 Comments

Brain Stelter probably finishes no higher than third in CNN’s “Unprofessional and unethical broadcast journalists who any trustworthy news organization would fire but since CNN isn’t trustworthy it won’t” sweepstakes. Nonetheless, he is shockingly and consistently ethics free, which is particularly grotesque for an alleged media ethics critic. You can read the ugly  Ethics Alarms Stelter dossier here.

He’s also, in addition to being a 24-7 ethics dunce, not very bright.

D.C. attorney Mark Zaid (who also has an Ethics Alarms file!) tweeted this regarding the Washington Post’s settlement of the $250 million defamation suit filed against it by Nick Sandmann:

Being a dolt, Stelter probably thought it would be cute to retweet it, so he did. Continue reading →