Category Archives: Professions

Without Courage, Integrity And Professionalism In The Legal Profession, The Rule Of Law Hasn’t A Prayer: The House of Representatives v. Burwell Saga

" Nice law firm you got here. Too bad if something were to happen to it..."

” Nice law firm you got here. Too bad if something were to happen to it…”

As I explained  here and here in 2015, the process of judicially determining whether the Defense of Marriage Act was constitutional or not was unethically sabotaged by  threats to and improper lobbying of the law firm that had agreed to defend it. The Justice Department and the President had refused to do their sworn duty to uphold the laws of the United States, and same-sex marriage activists pressured the biggest client of the firm that had accepted the case to pass the pressure along. It worked. The firm dropped the case, precipitating a resignation by the partner handling it and this ringing assertion of traditional legal ethics:

“…[D]efending unpopular positions is what lawyers do. The adversary system of justice depends on it, especially in cases where the passions run high. Efforts to delegitimize any representation for one side of a legal controversy are a profound threat to the rule of law.”

This was, we are learning, not an anomaly. On the Volokh Conspiracy, law professor Josh Blackmon relates how the same strategy of applying of unethical political pressure, and the unprofessional capitulation of major law firms to it, nearly made a legitimate challenge to illegal payments to insurers under Obamacare impossible. He explains in part: Continue reading

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Filed under Ethics Alarms Award Nominee, Ethics Train Wrecks, Government & Politics, Health and Medicine, Law & Law Enforcement, Professions, Rights

California Decides It’s The Government’s Function To Help Actors Pretend They Are Younger Than They Really Are

picture-of-a-birthday-cake-with-lots-of-candles

California increasingly appears to be hell bent on serving as the cautionary example of how the belief that government has an unlimited brief to meddle in everything leads to abuse and derangement.

Gov. Jerry Brown last week signed legislation that prevents  entertainment websites such as the Internet Movie Database (IMDb),from posting an actor’s age or birthday if the actor doesn’t want anyone to know how old he or she is.

The law, which becomes effective January 1, applies to entertainment database sites that allow paid subscribers to post resumes, headshots or other information for prospective employers. Only a paying subscriber can make a removal or non-publication request. The beneficial end that supposedly justifies  this unconstitutional and suppressive means is that age discrimination is allegedly rampant in show business.

“Even though it is against both federal and state law, age discrimination persists in the entertainment industry,” Golden State legislature Majority Leader Ian Calderon, D-Whittier, said in a statement. “AB 1687 provides the necessary tools to remove age information from online profiles on employment referral websites to help prevent this type of discrimination.”

Naturally the actor unions are all for this form of government censorship. “Gov. Jerry Brown today stood with thousands of film and television professionals and concerned Californians who urged him to sign AB 1687, a California law that will help prevent age discrimination in film and television casting and hiring,” said SAG-AFTRA President Gabrielle Carteris. You remember Gabby, don’t you? She was the brainy, non-sexy teen in the original “Beverly Hills 90210.” I’m sure she thinks the reason her career tanked as she edged into middle age was “discrimination.”

I’ve seen you act, Gabrielle. It wasn’t. Continue reading

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Filed under Arts & Entertainment, Gender and Sex, Government & Politics, Law & Law Enforcement, Professions, Rights, The Internet, U.S. Society

Tales Of The Insidious Double Standard: SNL’s New Latina’s Tweets

You better be hilarious, kid...

You better be hilarious, kid…

 Saturday Night Live recently announced that it was hiring its first Latina cast member, as the show has finally capitulated to placing diversity over humor as a priority. Mexican-American comedian Melissa Villaseñor, 28,  the designated quota-filler, barely had time to take a victory lap before that mean internet thingy tracked down some embarrassing baggage, especially for a performer recruited to buff SNL’s progressive credentials. Aura Bogado, a writer for Grist,  tweeted that Villaseñor had deleted more than 2,000 tweets from her archives over the course of a week.

Why, you ask? Well, because there were tweets like this…

snl-tweet5

aaaand THIS…
snl-tweet4…this:
snl-tweet-1
…THIS…

Continue reading

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Filed under Arts & Entertainment, Character, Ethics Alarms Award Nominee, Government & Politics, Humor and Satire, Popular Culture, Professions, Race, Rights, Social Media, This Will Help Elect Donald Trump

Next Up At Bat On “Controversial Tweet Friday,” The Reserve Catcher’s Tweets!

cropped_clevenger

Like Prof. Reynolds, Seattle Mariners second-string catcher  Steve Clevenger decided to express his unhappiness with the riots in Charlotte using his Twitter account, and also like the “Instapundit,” found himself in trouble as a result. Before posting the above tweet, Clevenger wrote this as his introduction:

cropped_steve_clevenger1Twitter didn’t suspend Clevenger’s account, but his employer, a baseball team located in a very liberal city and also a team that is embroiled in a desperate fight to make the play-offs, reacted initially with this, also on Twitter…

mariners-tweet

Clevenger apparently didn’t expect that his tweets would suddenly result in his being labelled as a racist blight on humanity  by the many, many, people on social media who live for such incidents, and he quickly released a long and emotional apology:

First and foremost I would like to apologize to the Seattle Mariners, my teammates, my family and the fans of our great game for the distraction my tweets on my personal twitter page caused when they went public earlier today. I am sickened by the idea that anyone would think of me in racist terms. My tweets were reactionary to the events I saw on the news and were worded beyond poorly at best and I can see how and why someone could read into my tweets far more deeply than how I actually feel.

“I grew up on the streets of Baltimore, a city I love to this very day. I grew up in a very culturally diverse area of America and I am very proud to come from there. I am also proud that my inner circle of friends has never been defined by race but by the content of their character. Any former teammate or anyone who has met me can attest to this and I pride myself on not being a judgemental person. I just ask that the public not judge me because of an ill worded tweet.

“I do believe that supporting our First Amendment rights and supporting local law enforcement are not mutually exclusive. With everything going on in the world I really just want what is best for everyone regardless of who they are. I like many Americans are frustrated by a lot of things in the world and I would like to be a part of the dialogue moving forward to make this a better world for everyone.

” I once again apologize to anyone who was offended today and I just ask you not judge me off of a social media posting. Thank you and God bless everyone.”

Steve Clevenger

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Observations On The Instapundit’s Tweet

reynolds-tweet

Yesterday, conservative law professor, author and blogger Glenn Reynolds learned that Twitter had suspended his account, and he wrote on his iconic website Instapundit...

Can’t imagine why they’d do that, except that it seems to be happening to a lot of people for no obvious reason. It’s as if, despite assurances to the contrary, Twitter is out to silence voices it disagrees with or something.

Then he learned that his offense was the above tweet. Reynolds wrote…

Sorry, blocking the interstate is dangerous, and trapping people in their cars is a threat. Driving on is self-preservation, especially when we’ve had mobs destroying property and injuring and killing people. But if Twitter doesn’t like me, I’m happy to stop providing them with free content.

and..

“Run them down” perhaps didn’t capture this fully, but it’s Twitter, where character limits stand in the way of nuance”

But one of Reynolds’ extra-curricular gigs (he is a University of Tennessee law professor) is monthly columnist for USA Today. After the progressive Furies took to social media and demanded that he be fired from the law school, dropped by the newspaper and forced to wander in the wilderness in sackcloth, Gannett’s paper suspended him for a month.

Reynolds was reinstated by Twitter after purging the offending tweet, and he issued this mea culpa to USA Today:

Wednesday night one of my 580,000 tweets blew up. I didn’t live up to my own standards, and I didn’t meet USA TODAY’s standards. For that I apologize, to USA TODAY readers and to my followers on social media.

I was following the riots in Charlotte, against a background of reports of violence. Joe Bruno of WSOC9 interviewed a driver whose truck had been stopped by a mob. Trapped in her cab, she “feared for her life” as her cargo was looted. Then I retweeted a report of mobs “stopping traffic and surrounding vehicles” with the comment, “Run them down.”

Those words can easily be taken to advocate drivers going out of their way to run down protesters. I meant no such thing, and I’m sorry it seemed I did. What I meant is that drivers who feel their lives are in danger from a violent mob should not stop their vehicles. I remember Reginald Denny, a truck driver who was beaten nearly to death by a mob during the 1992 Los Angeles riots. My tweet should have said, “Keep driving,” or “Don’t stop.”

I have always supported peaceful protests, speaking out against police militarization and excessive police violence in my USA TODAY columns, on my website and on Twitter itself. I understand why people misunderstood my tweet and regret that I was not clearer.

Today, Reynolds wrote on Instapundit:

TWITTER HAS UNBLOCKED MY ACCOUNT ON CONDITION OF DELETING THE OFFENDING TWEET. But lest I be accused of airbrushing, it’s preserved here. Still planning on quitting Twitter, though, after making a few points. Earlier post is here. UPDATE: From Nick Gillespie at Reason: In Defense Of InstaPundit’s Glenn Reynolds. “Whatever you think of the tastefulness of his suggestion regarding the protesters in Charlotte, the idea that he is seriously inciting any sort of actual or real threat is risible.”

Related: “Glenn Reynolds is old enough to remember Reginald Denny. (Look it up, kids.)”

and

SO MY USA TODAY COLUMN is suspended for a month. My statement is here. I don’t apologize for saying that you shouldn’t stop for angry mobs, even if they’re blocking your way. But I could have said it better

Observations:

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Filed under Government & Politics, Journalism & Media, Professions, Race, Rights, Social Media, This Will Help Elect Donald Trump, U.S. Society

Why It’s Unethical For Journalists To “Fact Check” Donald Trump—Especially CNN Journalists

Donald Trump

In Donald Trump’s meaningless statement yesterday, which was covered by the news media as if it was the revelation of the millennium, he  officially conceded that Barack Obama is a natural born U.S. citizen. He also used the silly media attention to drag out his announcement into a long campaign infomercial for which he didn’t have to pay a cent. Nice, and it serves the broadcast media right for giving any significance to a five-year-long trolling exercise.

Trump used the phony controversy over President Obama’s birth certificate to get publicity five years ago, because he is shameless. That’s all. Did he really think Obama was born in Kenya? Oh, who knows? He is an idiot, after all. Then again, he is a skilled professional troll. Whether he believed it or not, Trump used the issue to get attention then, and now has used his 180 degree reversal to get attention now. Obviously nothing has changed that would justify this flip-flop if he believed what he insisted was true for five years. A more transparently cynical and insincere retraction I cannot conceive. Who cares what Trump says he believes at any point, about anything?

But I digress. What really seemed to enrage the journalists who have embraced Rationalizations #28. The Revolutionary’s Excuse: “These are not ordinary times,” and #31. The Troublesome Luxury: “Ethics is a luxury we can’t afford right now” to anoint themselves as full-time volunteer members of the Hillary for President campaign, was that Trump said this:

“Hillary Clinton and her campaign of 2008 started the birther controversy. I finished it.”

Quoth the thoroughly partisan news media,

“ARRGH!!!!:

Continue reading

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Sometimes It All Comes Together…But First, A Song!

As those who have read here for a while know, among my fondest passions, virtually life-long, are baseball,  theater and ethics. Today, I have the pleasure of seeing them all come together in a single event. How often does that happen?

At noon, I will be giving my most recent musical Continuing Legal Education ethics seminar, “Ethics Cabaret,” at Nationals Park in D.C. prior to the Mets-Nats game. “Ethics Cabaret,” like its six predecessors, presents legal ethics hypotheticals  as parodies of pop, rock, Broadway or country-western standards, presented by a professional performer. In this case, the performer is American Century Theater veteran Esther Covington, who accompanies herself on the keyboard. I write the songs that make the young lawyers cry, but she sings them, beautifully and often hilariously.

Speaking of Barry Manilow, my favorite segment of the seminar is the parody of one of his signature songs, which you can hear above—it’s an ear-worm, so be careful. The legal ethics version is about “Bridge of Spies” and the many quandaries raised in the film, which I examined in this post earlier this year. The parody is called “Who is the Client?,” lyrics-only copyrighted by ProEthics. Here they are….you can sing them along with Barry’s version! Continue reading

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Filed under Arts & Entertainment, Education, Law & Law Enforcement, Professions