Law & Law Enforcement

Harvard Rejects A Convicted Child Killer: What’s Going On Here?

/ Jack Marshall / 16 Comments

I have few answers, only questions and observations, regarding this story.

Michelle Jones, a Ph.D. candidate at N.Y.U., was released from prison in August after serving 20 years in an Indiana prison for the murder of her 4-year-old son. She very nearly was accepted into Harvard’s graduate program. In a sympathetic story in the New York Times, we learn that she rejected at the last minute.

Jones,  45, became a published scholar of American history while she was serving her time and led a team of inmates that  produced what was judged to be the Indiana Historical Society’s best research project last year.Jones also wrote several dance compositions and historical plays, one of which is slated to open at an Indianapolis theater in December.

Jones was chosen to be one of  18 successful applicants to Harvard University’s history graduate program. However, Harvard’s administration overturned Jones’s admission after some professors raised concerns that she had minimized the murder of her son in the application process. I wouldn’t be surprised; it’s an ugly story.

After. Jones got pregnant at 14, her mother beat her in the stomach with a 2×4. In a statement accompanying her Harvard application, Jones said she suffered a breakdown after years of abandonment and domestic violence, causing her to abuse her own son, Brandon Sims. The boy died in 1992, and his body was never found.  Jones admitted that she had secretly buried him, never notifying the police or Brandon’s father that he had died. At her murder trial,. Jones’ friend testified that she confessed to beating Brandon then leaving him alone for days in their apartment, until he died. Sentenced to 50 years in prison, Jones was released thirty years early based on her good behavior and scholarship.

John Stauffer, one of the two American studies professors who flagged and objected to Jones’ admission, said, “We didn’t have some preconceived idea about crucifying Michelle. But frankly, we knew that anyone could just punch her crime into Google, and Fox News would probably say that P.C. liberal Harvard gave 200 grand of funding to a child murderer, who also happened to be a minority. I mean, c’mon.” Apparently the Harvard leadership agreed. E-mails and interviews show that Harvard’s president, Drew Faust, its provost, and the deans of the graduate school vetoed the positive disposition of Jones’ application over fears of criticism by rejected applicants, conservative news outlets and parents.

Observations and Questions: Continue reading →

Miss America Ethics: Know Your Place, Stupid Beauty Pageants!

/ Jack Marshall / 58 Comments

Public policy experts all…

Your place, as anachronistic, culturally embarrassing meat shows, is to be as unobtrusive as possible while feminists and people of taste figure out a nice, fair way to wipe you off the face of the United States. But until that happens, you have a duty not to be deliberately annoying, not to wave your ignorance like it is a bloody shirt, and also not to make the undeniably stupid people who watch you even dumber than they already are.

Perhaps I am getting ahead of myself..

Two nights ago, we were treated to the finals of the inexplicably still-televised Miss America beauty pageant, the grandmommy of them all. The traditionally risible interview portion of the competition, which has for as long as there were turnips on earth featured open-ended general questions conducive to virtue-signalling blather, usually features puzzlers like (from a list of such queries)

What do you think is true beauty?

What would you do differently if you could start your life over?

Who is your greatest role model or hero?

What does it mean to be a beauty queen?

If you could be granted one wish, what would it be?

What is the greatest challenge facing humanity?

What makes you happiest?

…and so on. The idea once was that anyone with a mouth is capable of answering these questions relatively competently, and they are not traps or invitations to attract criticism. Oh, once in a millennium a finalist might answer “What would you do differently if you could start your life over?” with, “Well, I would sure skip all those years I was a crack whore,” or “If you could be granted one wish, what would it be?” by saying, “I’d wish for boobs the size of El Capitan!,”  but these are pretty easy questions to ace. They are also well within the intelligence levels and expertise of the pageant administrators, judges and the contestants, so employing them isn’t political, or divisive.

A beauty pageant should not be divisive or political, just like an NFL game shouldn’t be divisive or political. I shouldn’t even have to write that.

Miss America 2018 decided to ditch the tradition of one question per finalist in the final round of competition, and ask two questions of each. The final five questions to the last five finalists were all “serious,” we were told.

Here they are, with the answers they evoked, and my observations. Continue reading →

Morning Ethics Warm-Up, 9/11/17: Irma and Climate Change Hype; Democrats And Anti-Catholic Hypocrisy

/ Jack Marshall / 122 Comments

Good Morning!

1 I’m in Boston to address a group of new admittees to the Massachusetts bar today.

2. Broadcast journalists were surprisingly restrained with Harvey, but the second major hurricane in less than two weeks is apparently too much for them, as it is for other climate change shills on social media and elsewhere (I’m looking at YOU, Jennifer Lawrence…which, I admit, isn’t all that unpleasant…)

Thus I am hearing (and reading) more and more claims that Hurricane Irma on top of Hurricane Harvey is the result of the nation’s failure to aggressively limit carbon emissions…as if two (or more) big storms in hurricane season is unprecedented, and didn’t, in fact, occur far more frequently when Al Gore was knee-high to a grasshopper. What does the cynical use of the 2017 storms as propaganda for the gullible and weak-minded tell us?

It tells us that the journalists don’t know beans about climate, weather and the science of global warming. It shows us that they are willing to mislead the public out of dishonesty, bias or incompetence, by spreading what amounts to junk science regarding an important policy issue. It tells us that they can’t resist using their position as reporters to boost what is for them a political agenda, for not one of them has first hand knowledge or genuine expertise regarding whether the earth is warming, how much, for how long, to what effect, and what will actually slow it down, and very, very few of them could explain a climate change model if their lives depended on it.

Finally, it tells us they are stupid. Every time it becomes obvious that the news media, elected officials and others are hyping this issue by using weather as an argument that climate change is occurring, they make skeptics more skeptical, and justly so. When advocates and activists resort to phony arguments and fake facts, it is  fair to assume that they don’t have sufficiently persuasive actual facts, and that they cannot be trusted not to cheat to get their way. Continue reading →

Morning Ethics Warm-Up, 9/10/17: A Creep Places A Bounty On Hillary’s Hair, And More….

/ Jack Marshall / 6 Comments

GOOOD Morning.

1 My weekly assessment of anti-Trump mania based on the New York Times Sunday Review shows mostly petulant complaining. The front page is Trump-less, as is the second. After that respite,this issue is notable for some of the best illustrations yet of a journalistic phenomenon unique to Trump coverage, the “this is so horrible and sinister because it’s taking place under President Trump, even though it is neither unique nor noteworthy, being a condition that has existed for decades or even centuries.” Frank Bruni, for example, gets an entire page to tell us that White House aides who leave the Trump White House cash in, what Bruni calls “the ethos of enrichment.” You will be surprised, or maybe not, to learn that the essay about this new and venal trend under Trump never once mentions the name “Clinton,” the family that made cashing in on White house residency a family business, or do you have another theory why Chelsea Clinton is rich? You see, if Trump/Republicans/Conservatives do it, it’s disgusting because it’s Trump/Republicans/Conservatives doing it. What “it” happens to be doesn’t seem to matter much.

Then there is a “I can’t believe how stupid Trump supporters are” essay by NBC’s Katy Tur that contains this tell: “On election day they trusted his judgment more that they trusted any of us.” Wait: who’s the “us” that is being set up as opposition to a Presidential candidate, Katy? Journalists aren’t supposed to be telling citizens who to vote for, who is trustworthy or who will be a worthy leader. That statement is why so many voters don’t trust you, and also why they shouldn’t.

My favorite, though, a true classic in spin and how to present an issue in distorted terms to mislead the public, is a sob piece by a Yale grad student—yes, if you can write a sufficiently biased and critical essay about the plague that is the Trump administration, you don’t have to be a journalist. Your political biases are enough. In this case, the author is an illegal immigrant, as is every member of her family, so the Times believes that she is the perfect objective commentator on Trump policies regarding illegal immigration. Her theme: “Spreading fear is part of the administration’s plan.”

That plan is called law enforcement and deterrence. The government making life uncomfortable for law-breakers and ensuring that the guilty never feel comfy enough to think, “Well, the heat is off! They’ll never catch me now!” has been an uncontroversial and effective means of ensuring a safe and fair society for centuries. It was the Obama administration that endorsed the novel, bizarre and corrosive policy of telling illegal immigrants, “No problem: just make sure you don’t rape, kill or rob anyone, and you’re golden. Welcome!”

Karla Cornejo Villavicentcio’s piece is called “A lifetime of looking over your shoulder.” Yes, that’s pretty much how every fugitive from the law feels, and should feel.  She quotes Thomas Homan, the acting director of ICE, saying “If you’re in this country illegally and you committed a crime by entering this country, you should be uncomfortable. You should look over your shoulder, and you need to be worried,” as if such an attitude by law enforcement is the epitome of evil, rather than Basic Law Enforcement 101. Cornejo Villavicentcio  tells us that people like her and her family are suffering stress reactions from increased fear of being apprehended.  Solutions: 1) Immigrate legally 2) Don’t break laws. 2) If you do, turn yourself in to authorities, like good citizens are supposed to do.

It is the indignation that comes through these essays that is so infuriating. How dare the government demand accountability for our law-breaking! Cornejo Villavicentcio tells us that her family has lived here illegally for 30 years.

If a newspaper is going to publish flagrantly manipulative junk like this, it would be responsible journalism to include a rebuttal along side it. Opinions are one thing; intentional distortions of the principles of civilization come unacceptably close to disinformation. Continue reading →

Morning Ethics Warm-Up, 9/9/17: The AP Invents A New Misleading Phrase, Deaf Signer Ethics, No Innocent Until Proven Guilty In The NFL, And More…

/ Jack Marshall / 17 Comments

GOOD MORNING!

1 This is the monthly brief warm-up, as I have to be bright-eyed and bushy-tailed at an obscenely early hour and teach the peculiarities of the District of Columbia Rules of Professional Conduct to about 300 lawyers newly admitted to the bar. And those rules are peculiar, notably Rule 5.4, which allows District lawyers to form multidisciplinary firms, with accountants, economists, professional marketers and other non-legal professionals as partners. Such firms mirror entities in Europe that take international business away from U.S. firms, but are regarded as unethical in every other U.S. jurisdiction, and condemned by the American Bar Association.

2. Yesterday I watched Florida Governor Rick Scott give his pre-hurricane warnings, or tried to, since standing next to him was a signer for the deaf, gesticulating and making more elaborate faces than the late Robin Williams in the throes of a fit. I have mentioned this in the context of theatrical performances: as a small minority, the deaf should not be enabled by political correctness to undermine the best interests of the majority. What Scott was saying was important, and could have been adequately communicated to the deaf citizens present by the signer standing off camera. TV viewers could and should have been able to watch a text crawl following Scott’s speech, or closed captioning. Public speaking involves verbal and visual communications, and having a vivid distraction like a professional signer—many of whom feel it is their duty to add broad facial expressions to their translations—is unfair to both the speaker and his or her audience. This is one more example of a sympathetic minority bullying the majority to establish its power. Continue reading →

A DACA Popeye For NYT Pundit Paul Krugman

/ Jack Marshall / 44 Comments

“That’s all I can stands, cuz I can’t stands no more!”

—Popeye, before downing a can of spinach and beating the crap out of someone who richly deserves it.

Readers often accuse me of being angry. I’m almost never angry about the stories I write; I just write that way. In this case, however, I am angry.

Paul Krugman, a nasty, smug, narrow-minded New York Times pundit who epitomizes the infuriatingly common progressive mindset of condescending to anyone who disagrees with his various, so often biased and ignorant positions on a plethora of issues he knows little about and understands less, used today’s op-ed column to call me a racist. Not just me, of course: all the various constitutional scholars and lawyers, elected officials—and Hillary Clinton, once upon a time—who don’t believe that the United States should be obligated to allow illegal aliens to stay in the United States however they got here, or who don’t believe Presidents should use edicts instead of the legal process described by the Constitution to pass laws, or who don’t believe it is responsible or sensible to create incentives for individuals to break our laws so their children will benefit. For they are all racists according to Krugman. And of course,the President is a racist. Krugman writes,

To yank the rug out from under the Dreamers … is a cruel betrayal. And it’s self-evidently driven by racial hostility. Does anyone believe this would be happening if the typical Dreamer had been born in, say, Norway rather than Mexico?

“Rug”: what rug? There was never a rug, just an incompetent  President who wrongly sent the false message that the United States wouldn’t enforce its sovereignty. What the “dreamers” had was a contrived loophole, and loopholes have a way of closing.

“Cruel” : enforcing a law isn’t cruel unless the law itself is cruel. A nation cannot permit illegal immigration, nor can it tolerate illegal border-crossers inflicting sentiment-inducing problems for the nation in which they have no justification for invading. Thus the law isn’t cruel.

“Betrayal” implies that someone has breached a duty on which another had a reason to rely. The United States has a duty to its citizens to enforce its laws. It owes no duty to law breakers, in this case  illegal immigrants whatsoever. If they relied on misrepresentations by cynical and self-serving politicians and activists, it is their own responsibility.

“Self-evidently driven by racial hostility.” When the progressive collective—you know, like Star Trek’s Borg—have no fair, substantive arguments left, crying racism (sexism, homophobia, xenophobia, Islamophobia…) is so routinely the default tactic that I’m amazed they can keep doing it without covering all their mirrors with towels. This is how low they have sunk: “If you don’t see it our way, you are an evil bigot.” That’s it. That’s all they have, when they run out of rhetorical bullets.

If Norwegians were sneaking into the country, using our resources,  hanging around in parking lots waiting to be hired to clean attics, mow lawns and pick fruit, while ducking law enforcement, voting illegally, forging documents, and some of them now and then raping and killing Americans after being depoter multiple times, yes, Paul, you race-baiting demagogue, this would still be happening. Continue reading →

The “Unacceptable Word” Fiasco: OK, Now I Really Want To Know How Many Progressives Seriously Endorse Stuff Like This?

/ Jack Marshall / 23 Comments

I just received an email from the Democratic National Committee urging me to protest Betsy DeVos’s (completely valid and overdue) withdrawal of the “Dear Colleague Letter” by which the Obama Department of Education pressured universities into dispensing with due process when a male student is accused of sexual assault. “Tell Trump and DeVos not to undo President Obama’s policies to combat sexual assault on campus!” it bleats. The e-mail blast (if I ever find out who put me on this list, there will be blood), quotes DeVos, as if this advances their case, as saying, “If everything is harassment, then nothing is harassment.”

The Education Secretary was exactly right, and a story today from Reason shows why.

Joshua Zale, a student at Moraine Valley Community College, was asked by his drama instructor to play a pimp asking for money from another student, playing the role of a prostitute in an improvisation exercise. Improvisation means that the actors work without a script. In the process of the improv, Zale used an “unacceptable word” according to the instructor, who was apparently improvising the role of a fool. The teacher immediately reprimanded Zale, who later insisted on a private meeting to learn why he had been attackedfor using a word he felt was consistent with  the role he had been assigned.  Assistant Dean Lisa Kelsay subsequently accused  Zale of violating Title IX—the weapon of choice in the “Dear Colleague Letter”—and school conduct policies by sexually harassing his acting partner “as a woman.”

No one has yet divulged what this “unacceptable” word was. I have taught improvisation. I am a pretty creative guy, with a fairly extensive vocabulary. I cannot imagine any word, from Pneumonoultramicroscopicsilicovolcanoconiosis to supercalifragilisticexpialidocious to Bill Maher’s favorite, cunt, to “penis breath,” uttered by a child in the opening minutes of “E.T.”, that would be “inappropriate” in an improv, especially in a scene involving a sex worker and a pimp.

As you know, ethics stories often remind me of TV shows and movies. This one (see the video clip above)  reminds me of a famous “MASH” episode, “The General Flipped At Dawn,” in which Harry Morgan, later to play lovable, crusty old Col. Potter, played an insane general. Reviewing the MASH squad, he asks Radar, “Where are you from, son?” Radar answers, “Iowa, sir..” only to have the General scream, “NO TALKING IN RANKS!!!!”

Maybe the improv instructor, Craig Rosen, flipped too. That would be an excuse, at least. But how do you explain the Assistant Dean? Continue reading →

Morning Ethics Warm-Up, 9/8/17: Hybrid Topics! CNN, Hillary, DACA And More…

/ Jack Marshall / 33 Comments

Good morning, all.

1 The Public Interest Legal Foundation, a conservative non-profit public interest group that focuses particularly on voting issues, claims to have data suggesting that Hillary Clinton’s narrow win in New Hampshire in the 2016 election—about 2,700 votes gave her the state—may have been achieved by fraud. A study showed that more than 6,000 voters in New Hampshire had used the state’s same-day voter registration procedures to register and vote.  The current New Hampshire speaker of the House, Shawn Jasper, sought and obtained data about what happened to these 6,000 “new” New Hampshire voters who showed up on Election Day. Most of them are no longer in the Granite State. Only 1,014 have ever obtained New Hampshire driver’s licenses. Of the 5,526 voters who have not, just 3% have registered a vehicle in New Hampshire.  70% of the same-day registrants used out-of-state photo ID to vote in the 2016 presidential election in New Hampshire and to utilize same-day registration.

All of which suggests that it would be prudent if a group other than a right-wing advocacy organization did an unbiased and objective study.  Since Democrats won several top races last year along thin margins, notably Maggie Hassan defeating Kelly Ayotte in the U.S. Senate race by 1,017 votes, some Republicans are claiming that out-of-state voters illegitimately tilted the election. Of course, for all anyone knows, the same-day voters may have voted Republican. The episode does compel three conclusions:

  • Same day registration is a recipe for chicanery. I am suspicious of any elected official or activist who supports it.
  • The Democratic/ mainstream media cant that there is no voter fraud is incredible on its face, and manifestly dishonest.
  • The nation’s lack of eager, objective investigators without partisan agendas is crippling. I don’t believe what conservative sources and pundits conclude about the New Hampshire vote, and I find the lack of interest the liberal national mainstream news media seems to have in the story— on Google, I see New Hampshire sources and conservative sources like Breitbart, BizPac, Fox and the Washington Times—gives the story more credibility, not less.

2. For those who are still having trouble accepting that the DACA was an illegal measure as executed by President Obama, I highly recommend the article by Constitutional law expert Jonathan Turley, who explains why he regarded it as “a flagrantly legislative act by President Barack Obama.”  So did I, but he’s a legal scholar and I’m just a lawyer. From an ethics perspective, my area of expertise, I’m still disturbed at the attitude of the supporters of this Obama’s end-around the Constitution (and others). which can be summarized as, “Let’s see if we can get away with it, because we like the results.” It translates into “the ends justifies the means,” and epitomizes the drift of the Left toward totalitarian methods and philosophy. Continue reading →

From The Ethics Alarms “Law vs Ethics” Files: The Deadly Hexes Of Sally Quinn

/ Jack Marshall / 42 Comments

In a newly published memoir, Sally Quinn, the famous journalist who married iconic Washington Post editor Ben Bradlee and became a D.C. society matron, then a religion columnist, reveals a lief-long obsession with mysticism and the occult. Ouija boards, pentagrams, witchcraft, charms, spells, seances, messages from the dead (like Ben), voodoo, the whole thing: Quinn writes that she has had an  “epiphany” revealing that “believing in magic is as legitimate as any religion or faith.”

I’ll buy that. I wouldn’t say that the next step is an application to Hogwarts, however.

So these are the people who presume to tell Americans what to think, eh? Good to know.

But I digress. In a recent Washingtonian Magazine profile contrived to puff the release of  “Finding Magic,” Bradlee’s widow says that she not only believes in hexes, she’s used them. And they work!

She reveals that, in her less mellow days, she put hexes on three people who promptly wound up having their lives ruined, or ended.

The first, cast in 1969, was spurred by old-fashioned jealousy. Some exotic beauty at a Halloween party inspired lust in Quinn’s beau at the time—and then killed herself just days after Sally cast her spell.

Her second victim was Clay Felker, the longtime editor of New York magazine who oversaw a brutal profile of Quinn in 1973, just before her catastrophic debut on the CBS Morning News. Quinn hexed Felker not long after flaming out at CBS and returning to Washington. “Some time afterward, Rupert Murdoch bought New York magazine in a hostile takeover, and Felker was out,” she writes. “Clay never recovered professionally. Worse, he got cancer, which ultimately caused his death.”

Target number three: a shady psychic who, the autumn after Quinn Bradlee was born, ran afoul of Sally’s maternal instincts. The woman dropped dead before year’s end.

This raises a classic ethics question that I nearly posed today as an Ethics Quiz. I didn’t, because I know the answer and have no doubts about it. (If it’s an ethics quiz, I at least have doubts.) The question would have been:

Ethically rather than legally, is there any difference between Sally Quinn and a murderer?

The answer is no.

I’d say that the first two victims make her the ethical equivalent of someone who is guilty of manslaughter, and the last one, after her first two hexes led to her targets’ deaths, was, again ethically rather than legally, premeditated murder.

Sally says that after the psychic dropped dead, she swore off her Death Hex. That’s admirable. The fact remains, however, the while believing an instrumentality would lead to harm when employed against specific individuals, she employed it, got her desired results, and believed that she was the cause of their subsequent deaths. She also doesn’t express any remorse or regret. Continue reading →

Comment Of The Day: “Deferred Action for Childhood Arrivals (DACA) Ethics”

/ Jack Marshall / 33 Comments

I am very grateful for veteran commenter Extradimensional Cephalopod clarifying explanation regarding how and why adversaries on the “dreamer” issue so often talk past and around each other, with never the twain meeting. The first I heard of the “Honor vs. Compassion schism” was in this 2009 essay in The New Criterion by James Bowman. I should have referenced it before. He wrote in part,

Compassion is a virtue, but it is a private, a face-to-face virtue which almost invariably ceases to be one when it takes on a public dimension. An act of compassion by a government, in the full glare of publicity, is not a virtue but a bid to be given credit for moral superiority.

Bingo.

Here is Extradimensional Cephalopod‘s Comment of the Day on the post,Deferred Action for Childhood Arrivals (DACA) Ethics:

It’s a classic honor versus compassion schism. Honor represents orderly good, enforcing consistency and stability so that society may benefit from people knowing where they stand. Compassion represents chaotic good, making exceptions and doing things that cannot be expected or required so that society can benefit from such kindness. Both are necessary, but they must be balanced against each other.

Because your position is based on honor, and makes sense in that context, it’s impossible for people to rebut it in those terms. Instead, they assert that the harm allowed by not extending compassion outweighs the benefits provided by honor, or they reject the concept of honor entirely. They don’t really understand honor or the harm done by dismantling it. Maybe they never noticed the benefits of honor, and only saw its negative effects, or they were oppressed by an ill-conceived brand of honor. Continue reading →