Law & Law Enforcement

Let’s Get The Week Off To A Positive Start With Encouraging Ethics Stories! Like…Oh. Never Mind…(Part I)

/ Jack Marshall / 14 Comments

I try. I really do. In 2016, it was about this time when I started getting complaints that too many of the posts were about political topics…what I needed to do was write more about people in lobster hats.

I search the most obscure sources to try to find non-political ethics topics. I’m so sick of the politicizing of everything I could spit—in fact, I think I will. There. Just let me wipe off the screen… The final straw may have been having to look at “Black Lives Matter” in the center field bleachers in Fenway Park. I’m about to grab my machete and run amuck.

However, the attempt by the Democratic Party, “the resistance,” and the mainstream news media to try to first, rig the 2016 election, then to undo the 2016 election, then to deny the legitimacy of the President elected, then to try to engineer a soft coup, and now to use disinformation, and social unrest to corrupt the 2020 election, in total a general assault on democracy and our culture of democracy itself, is the most important ethics  story of the past half-century by far.  It is among the three most consequential ethics stories of the last hundred years, along with the civil rights movement and the Red Scare/McCarthyism.  This is an ethics blog. I have to write about it.

But I promise to keep searching for as many non-political stories as I can find. I do miss the assistance of now retired crack ethics story scout Fred, who somehow sniffed out issues and controversies from the damnedest places, but many of you are helping out. Keep looking.

1. What’s going on here? Why isn’t it obvious to everybody?  In Illinois, leaders in education, politics and other areas gathered in Evanston yesterday to demand that the Illinois State Board of Education….wait for it!… eliminate history classes in public schools statewide.  State Rep. LaShawn K. Ford held a news conferences to argue that current history books create a racist society and overlook the contributions of women and minorities, so school districts should immediately remove history books that “unfairly communicate” history. “It costs us as a society in the long run forever when we don’t understand our brothers and sisters that we live, work and play with,” Ford said, explaining that he is sponsoring a bill that would require elementary schools to prioritize teaching students about the civil rights movement.

Of course, this is an open demand for propaganda rather than education,  advancing the core belief of Black Lives Matter that Fac’s Don’t Matter. What is significant is that Ford and others are so transparent about it. Those who have actually read about history—it’s not as if schools competently teach it now—know that fanatic movements keep pushing for increasingly extreme demands as long as as those in power and the public hesitate to say “No. That’s irresponsible and ridiculous.” Continue reading →

Comment Of The Day: “Baseball Ethics While Watching Baseball, Part 2: Revenge”

/ Jack Marshall / 1 Comment

Two excellent comments were issued by Red Pill Ethics on the harsh punishment dealt to Dodgers pitcher Joe Kelly, who took it upon himself to avenge his team’s loss in the 2017 World Series to the Houston Astros, who, as the world discovered this winter, were cheating. Many fans feel that Kelly’s actions were justified because the Astros players received no punishment for the team’s illegal sign stealing during its entire 2017 Championship season.

The two comments complimented each other and here are combined here as one.

This is Red Pill Ethics ‘ Comment of the Day on the post, “Baseball Ethics While Watching Baseball, Part 2: Revenge”:

I put this squarely in the realm of play stupid games win stupid prizes. At the end of the day justice isn’t removed from the influence of market forces. If the punishment isn’t just given the evil, people will balance the deficit however they can. Is this wrong? Maybe? I can see arguments both ways.

There are certainly some situations where vigilante justice is justified but governing bodies can’t endorse it without eroding their own authority (Battle of Athens anyone)? Individual players on the Astros should have been punished. They weren’t. The human social antibodies see this injustice and move to correct it. I’m of half a mind that the Dodgers are doing the right thing. The players, objectively, got off too light and the Dodgers taking matters into their owns hands is a good reminder to the powers that be that the best way to avoid vigilante justice is to get the punishment right… Continue reading →

Sunday Ethics Warm-Up, 8/2/2020: Imaginary Fans In New York, Elusive Justice In England, And Utter Cluelessness In Colorado

/ Jack Marshall / 6 Comments

There’s nothing like a great hymn on a Sunday, and it’s always a good time to hear the rousing Battle Hymn of the Republic. When they sang it at Winston Churchill’s funeral—he chose it for that occasion–the moment was unforgettable. I made sure it was sung at my father’s funeral service at Arlington as well in 2010. Thanks to the largely theatrical mourners in the chapel,  side benefit of directing so many musicals and operettas, the rendition was spectacular. “Wow!” the surprised chaplain exclaimed.

It’s a good thing Dad wasn’t singing. He loved belting out that song, and he was completely tone deaf. His version of the Star Spangled Banner would bring anyone to their knees. It made Rosanne seem like Beverly Sills.

1. A gaffe with signature significance. The governor of Colorado, John Hickenlooper, was widely conceded to be a shoo-in to take the Senate seat away from Republican incumbent Cory Gardner. Then he said “All lives matter.” The Horror. Worse, he said that George Floyd was shot. He really did.

I can’t imagine a more conclusive sign that a politician is simply exploiting an event rather than bothering to learn what happened or think about it. The entire catalyzing effect of Floyd’s death was the symbolism of the cop’s knee on his throat. This guy even ran for President, and this is the seriousness and diligence with which he approaches political leadership. What were all those “I Can’t Breathe!” signs about, Governor?

Glenn Reynolds often says that we have the worst political class in U.S. history. I am reflexively opposed to “this is the worst it has ever been” pronouncements, but in this case, I am inclined to agree.

2. Yecchh! Continue reading →

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 →