Race

Morning Ethics Warm-Up, 1/11/2019: Triplets, Tongues, Feet, And Screeches

/ Jack Marshall / 19 Comments

Good Morning!

1.It’s time to play… Champerty! I’m beginning my morning by explaining to an outside litigation funding entity that they really don’t have to worry about champerty laws as long as their loans are handled properly. Champerty is an ancient common law crime that made it illegal for a third party to buy into litigation and to profit from the transaction if the litigation succeeded. Some states still have anti-champerty laws, but they are 1) pretty much dead letters and 2) don’t apply to legitimate litigation financing, where a loan is repaid whether the litigation succeeds or not, and the amounts repaid do not change if it does. In legal ethics, champerty becomes an issue when a lawyer or law firm “sells” a share of the legal fee to a third party. That’s fee-splitting with a non-lawyer, and strictly forbidden.

Champerty is often mentioned as a set with two other common law crimes, Maintenance and Barratry. Maintenance, Champerty and Barratry are among my favorite potential triplets names, along with Shadrach, Meshach, and Abednego; Caspar, Melchior, and Balthazar; Clotho, Lachesis, and Atroposand (The Fates);  Nina, Pinta and Santa Maria, and, of course, Moe, Larry, and Curly.

2. The Good Illegal Immigrant, again. In the wake of the wall dispute and the shutdown, the New York Times is ramping up its frequency of heartstrings-tugging tales of  illegal immigrants so lovable, industrious and virtuous that only a monster would oppose their permanent enjoyment of the fruits of illegally obtained citizenship. One such article this week began,

“Tomas Guevara fell in love with Ruth Ayala years before they met. Her brothers — like Mr. Guevara, Salvadoran immigrants living outside Washington — talked about her at church. She was hardworking and kind, they said, devoted to her family and her faith. Then Mr. Guevara saw Ms. Ayala’s photo; her big brown eyes, her warm smile. He decided to give her a call.”

Awww!

Later in the article, we have this sentence: “In 2001, he swam across the Rio Grande.”

The article raises many questions for me. Why was someone like Tomas eligible for “temporary protected status”? If the claim was that El Salvador was so dangerous that he could not be sent back there, why did he keep visiting that country, meet his wife there, and have his child there? Naturally, there was a program, the Central American Minors program begun in 2014, that allows the children of parents with temporary protected status to apply for permanent residency as refugees. Tomas’s wife was somehow eligible too.

This is what “chain migration” means, in case you wondered. Continue reading →

Gee, Mary, That Sounds Tough, But You Still Stole Millions Of Dollars…

/ Jack Marshall / 14 Comments

I guess I’m just a hard-hearted bastard.

Last  September, art world luminary and art dealer Mary Boone, whose gallery  have been a prime feature of the New York art community since the Seventies, agreed to plead guilty to charges of filing false federal income tax returns, defrauding the government of millions of dollars. They had her dead to rights: the evidence showed that she used business funds to pay for more than $1.6 million in her personal expenses such as remodeling her  Manhattan apartment, and then falsely claimed those expenses as business deductions, prosecutors said. Then she failed to report on her personal tax forms the profit from her gallery, claiming losses to offset what she had declared as her personal income.

Now it’s sentencing time, and Boone’s lawyers are sawing away at the world’s smallest violin. Facing up to six years in prison, Boone is asking for compassion and minimal sentencing, indeed, her lawyers argue that she shouldn’t go to prison at all. Why? She had a troubled and unstable childhood, apparently. These led to mental health issues, a suicide attempt and drug and alcohol abuse. Most importantly, the poverty of her early life made her fearful that, despite her success, she would end up destitute and dependent upon others.

Funny…I’ve had those same fears at various times during my life. It never occurred to me that this might be a Get Out of Jail Free card.

“Behind the facade of success and strength lies a fragile and, at times, broken individual,” her lawyers wrote in the filing to the court made last month. The Times further reports, Continue reading →

Fairness Conundrum In Rochester: What Do You Do With The Racist-Sounding Gaffe? [UPDATED]

/ Jack Marshall / 58 Comments

Keep smiling, Jeremy: you’re probably ruined, and may have done nothing wrong, but it’s all for the greater good…

Go to this link, and listen (the video won’t embed).

https://www.facebook.com/plugins/video.php?href=https%3A%2F%2Fwww.facebook.com%2Falan.majors%2Fvideos%2F10212107639637618%2F&show_text=0&width=560

While reporting on the air  Friday about an ice rink at Martin Luther King Jr. Memorial Park, WHEC (in Rochester, New York) meteorologist Jeremy Kappell fumbled King’s name and uttered something that sounds like “coon” in the course of trying to get it out. Viewers, convinced that he had uttered a racial slur on the air, demanded that Kappell be fired, and, astoundingly,  the mayor of Rochester issued a demand of her own.

Mayor Lovely Warren, blatantly abusing her power and position,  issued press release  saying…

“It is wrong, hurtful and infuriating that WHEC Channel 10 broadcast a racial slur in reference to Dr. Martin Luther King, Jr. during its Friday News broadcast. It is beyond unacceptable that this occurred. There must be real consequences for the news personality involved and also for the management team that failed to immediately apologize and address the slur.”

Piling on, the Rochester Association of Black Journalists issued a statement condemning the “clearly racist language” and asking for a “complete explanation” from WHEC.

Although Kappell tweeted Monday that he has “never uttered those words,” he was indeed fired.

Is that fair? Continue reading →

Morning Ethics Warm-Up, 12/31/2018: “Goodbye 2018, And Good Riddance!” Edition

/ Jack Marshall / 12 Comments

Happy dying gasps of 2018!

1. Double standards inquiry: Will someone please explain to me why this magazine cover, which made O.J. Simpson blacker than he really is…

 

was universally condemned as racist, and this current cover of New York Times Magazine, making the late Aretha Franklin look like a ravenous rotting zombie from Hell..

…is just an artistic choice? (ARRGHHHHH!!!)

2. And speaking of looks…It is impossible not to notice that TV commercials are increasingly featuring overweight, ordinary-looking actors instead of the impossibly beautiful people who once were the automatic choices to sell products. This is an ethical development for the culture generally, and should help children develop more realistic aspirations regarding their own appearance. Now if only TV dramas would adopt the same inclusive casting policies—a particularly egregious candidate for reform is “law and Order” creator Dick Wolf.  His old series cast one eye-popping beauty after another as the male ADA’s sidekick, and now he is stocking his current NBC line-up of Chicago Med, Chicago Fire, and Chicago PD, with police women, female firefighters and distaff doctors who would be right at home in the pages of Vogue.

3.  More on “Enemies of the People”: Novelist and conservative gadfly Sarah Hoyt has issued a spirited defense—okay, it’s a screed, a rant even— of President Trump’s characterization of the news media, going over ground I have covered (most recently here and here), but with special brio. Read the whole thing— she is mostly right, if a bit hyperbolic and inflammatory—but here are some highlights: Continue reading →

Morning Ethics Warm-Up, 12/29/18: ‘Infuriating Stuff I Wish I Didn’t Have To Know About Or Write About’ Edition

/ Jack Marshall / 35 Comments

Screaming from mountain tops does no good, I know, but this is the life I have chosen…

Good Morning.

(My beautiful Christmas tree is drooping already, despite meticulous care. (Did you know that in Philadelphia it’s called a “Holiday Tree”? Did you know they had gone mad in Philadelphia?) I’ve had some last until February first. Not this one, I fear.)

1. Like most of the journalism establishment here, only less subtle about it.  Der Spiegel reporter Claas Relotius was exposed this month to be that publication’s version of Stephen Glass, a star journalist who just made stuff up. He, however, made stuff up to play to anti-Trump sentiments abroad, writing multiple stories to show how bigoted and backward the town of Fergus Falls, Minnesota was, explaining why it went for President Trump in the 2106 election.

The New York Times story on the hoax shows how Relotius could have accomplished the same mission using just spin, slanted framing and old fashioned bias. Read the thing: it just drips with thinly veiled contempt for Trump voters, and the President, of course. “The election results speak for themselves,” says the Times, knowing how the typical times reader will take that. The Times reporters reveal that the town isn’t full of racist yahoos as if that is news in itself.

2. Can’t let this pass, unfortunately. President Trump and first lady Melania Trump were taking calls from young children wondering about Santa’s whereabouts on Christmas Eve, as part of the NORAD Santa tracker (which I think is a waste of money no matter what it costs, and an example of the government being involved where it should not be), and had  this conversation  with 7-year-old Collman Lloyd which was videoed on both sides;

Collman told the President about the Santa visit preparations underway at the Lloyd household, saying “Probably put out some cookies and then we’re hanging out with our friends, so that’s pretty much all.”

The President: “Well that’s very good. You just have a good time.”

Collman: “Yes, sir.”

The President: “Are you still a believer in Santa?”

Collman: “Yes, sir.”

Trump: “Because at seven it’s marginal, right?” 

Collman: “Yes, sir.”

The trivial exchange triggered more Trump-bashing and a ridiculous amount of negative commentary. This approaches blind hate at a pathological level. The focus of the attacks were that the President’s “marginal” line supposedly destroyed the girl’s belief in Santa Clause. Ugh.

  • She later said that she had no idea what “marginal” meant. We  all know Trump can’t talk: this is Julie Principle territory. The only way one assumes that his intent was to shatter the girl’s innocent faith is if one thinks the President is a monster…which is what the news media wants the public to think.
  • If I had to guess, I would say that he was noting that not all of her friends did believe in Santa—which is, studies say, true. My son was a skeptic at 6. I. in contrast, believed in St. Nick until I was 28…
  • Collman also said that what the Evil Scrooge Trump said didn’t cause her not to believe in Santa, though this could be called moral luck.
  • Even at seven, a personal exchange with the President of the United States would have meant so much more to me than any dents in my Santa Claus beliefs that I wouldn’t have given it a second thought. Of course, when I was seven it was the norm that all citizens respected and honored the President, because that was whom our democracy chose to lead us.

Continue reading →

Morning Ethics Warm-Up, 12/27/18: It’s Video Thursday!

/ Jack Marshall / 38 Comments

Happy inevitably confusing and disorienting period between Christmas and New Years!

1.. Is this a racially problematic TV ad, or an encouraging one that signals progress?

For me, the commercial raises the question: Have we reached a point when depicting an entire black family acting as moronic as white people are routinely depicted on TV is permissible and white people are allowed to laugh at it?

It made me uncomfortable. Am I alone?

2. Charley Parkhurst. The New York Times project to catch up on all the significant and remarkable women who never received the recognition of an obituary in its pages has been fascinating, and there has been no more interesting entry than this month’s remembrance of Charley Parkhurst, 1812-1879. Parkhurst was a famous driver of six-horse stagecoaches during California’s Gold Rush, a challenging job requiring strength, skill, and unusual honesty. Parkhurst was described as “short and stocky,” a hard-living whiskey drinker, cigar smoker and tobacco chewer, who wore  a patch  over the empty eye-socket where a horse had kicked out the eyeball. Charley was also universally regarded as male until a doctor discovered, post mortem, that she wasn’t. At a time when a women’s options  were severely limited, Parkhurst decided at a young age to live as a man, and was mighty good at it. She even registered to vote in 1868, and some give her the distinction as the first woman to vote in a Presidential election, though there is scant proof of it.

Looking at and thinking about a women “identifying a male” in a different cultural context is fascinating. Was Charley a woman, a male, trans, gay, a fraud, a hero (a heroine?), or just an opportunist and a gutsy realist who did what she wanted to do the only way it was possible for her to do it?

And does it matter? Should it matter?

We are told that Charley also was a lumberjack for a time. I wonder what she would have thought of the Monty Python song?

3. An Althouse quote: Continue reading →

Ethics Reflections, Post Christmas, 12/26/2018: Quotes, Dummies, Movies And Scams

/ Jack Marshall / 57 Comments

Still Merry Christmas.

1. Quotation ethics. The church next door has a message out front this week that says, “The time is right to always do the right thing”—Martin Luther King.

That’s not the quote. Misquotes get into the public lexicon that way; it’s unethical to go around posting sloppy versions of quotes on message boards. Stated like that, the quote is a tautology: if you always do the right thing, of course the time is right to do what you do anyway. Not that King’s actual quote is one of his best. The actual quote—“The time is always right to  do the right thing” is pretty fatuous, and incorporates  Rationalization #60. The Ironic Rationalization, or “It’s The Right Thing To Do” by assuming that what is the right thing to do is intrinsically obvious. Sometimes the right thing is to wait. Sometimes the right thing is yo be sure what you think is the right thing really is. King was dangerously arming ideologues and the self-righteous who think they are the ultimate arbiters of what is “right.”

Davey Crockett’s quote is better: “Be sure you are right, and then go ahead.”

2. Is it political correctness to point out that Jeff Dunham’s act is racist? After being told by my wife that I couldn’t watch any more holiday movies or the Mormon Tabernacle Choir, my channel surfing today took me to Comedy Central and Christmas-themed performance by ventriloquist Jeff Dunham. Dunham’s low-brow act makes Charlie McCarthy seem like Oscar Wilde, and I cannot watch him and his howling audiences without thinking about this scene in “Blazing Saddles”…

He began his set with “Walter,” his bitter old curmudgeon dummy, whose face is perpetually scowling and whose arms are crossed in disgust with the world. To my amazement, Walter launched into an extended section ridiculing black speech, black slang, hip-hop, Kwanza and the Black Entertainment Network, and the huge, apparently all-white mid-West audience roared with laughter. How ugly and disturbing. These were jokes of denigration, about people who weren’t there. This was never anything but hate-mongering humor, not in 1948, 1958, 1968, or now. It’s an audience laughing at other people for simply being different than they are.

I kn ow, I know: how is this different from what Stephen Colbert, or Bill Maher, or Samantha Bee does in every performance? It isn’t different, really: it’s just that treating white people who aren’t “woke” as the “other” is considered acceptable, while doing this to minorities, gays or women is considered bigotry, hateful, and cowardly.

3. It annoys me that I should even have to say this, but calling “Die Hard” a Christmas movie is nothing but a cynical way to diminish Christmas and the spirit of kindness and love that the holidays are supposed to foster in order to promote future holiday marathons of a violent action movie. Celebrating the film’s 30 Anniversary, some Grinch at 20th Century Fox decided that it would be cute to promote Bruce Willis’s break-out film as “The Greatest Christmas Story” ever told, according to 20th Century Fox. Right: the movie ends with a strained family brought back together, takes place during a Christmas party, and Bruce’s wife is named “Holly.” It also involves the killing of  more than twenty people, including police,l FBI agents, and innocent victims in addition to the bad guys the hero smokes.

And I like “Die Hard.” I even like two of its four vastly inferior sequels. Continue reading →

Casting Ethics: Color-Blind vs Color Conscious in “All My Sons”

/ Jack Marshall / 4 Comments

Director Gregory Mosher quit the Broadway revival of Arthur Miller’s “All My Sons” (scheduled to open in the Spring) when Miller’s estate, run by his daughter Rebecca Miller,  blocked him from casting a black actor  to play George Deever, one of the main characters in the classic.  Miller objected to the director’s choice of making the Deever family black when the play’s other central family, the Kellers, had already been cast as white. If the Deevers were black, it would introduce the concept of an interracial relationship in the 1940s.

“My concern was that to cast the Deevers as black puts a burden on the play to justify the relationship in the historical context,”  Miller said “I was worried that it would whitewash the racism that really was in existence in that period by creating this pretend-Valhalla-special family where no one would mention this.”

Nice attempt to put her position in a politically correct context, I have to admit. The objection really is that the play is a period piece, firmly and unavoidably set in the post-World War II era. It will have period costumes, sets and props, and the audience seeing the story unfold in the proper historical time period is essential to the play’s success. An inter-racial romance shatters that illusion, and unnecessarily so. The play is not about race, so race should not be injected into the plot by reckless casting. Miller had previously approved of a production in which both families were black.

Interestingly, she also was willing to approve the casting of a black actor if his sister were cast as white. You see, then the casting would be “color blind,” meaning that it was just a black actor playing a white character (without white make-up, which would be “white-face,” which would suggest blackface, and—oh, never mind…), and that his family wasn’t really “black.” Got that? Otherwise, it would be “color-conscious” casting, in which the race of the performer necessarily requires a different approach to the material. Continue reading →

Morning Ethics Warm-Up, December 19, 2018: Facebook’s Lies, Hillary’s Letter, Harvard’s Defenders, And Kavanaugh’s Victory

/ Jack Marshall / 13 Comments

Good Morning!

1. Open Forum today! As soon as this post is up, I’ll open a forum for readers here to raise their own suggestions for ethics topics and to offer their commentary without me getting in the way. The last one was a spectacular success, attracting over a hundred comments, generating many fascinating threads, and producing three Comments of the Day so far. Just keep the topics on ethics, don’t get distracted by tangents and bickering, and keep it civil.

The immediate motivation for today’s forum is that I have to prepare for and deliver an annual end of year ethics CLE seminar at the D.C. bar. If you’re in the vicinity and need the credits, or just want a lively ethics workout, come on by and say hello. Here are the details:

Date: December 19, 2018

Event start time :1:30 PMEvent end time:4:45 PM

Venue:D.C. Bar: 901 4th ST NW, Washington, DC 20001-2776

Credit: 3.0 Ethics Credit Hours, including 3 hours of professionalism for those states with such requirement.

Description: Widespread discord in our current culture places unusual stress on professional ethics, and unfortunately, the legal profession is not immune. The past year saw many legal professionals, including famous names in the law, make questionable decisions and breach legal ethics standards, providing both cautionary tales and fodder for analysis. This challenging and interactive class will explore important developments and looming perils that every lawyer should be ready to face.

Topics include:

• Direct adversity vs. “general adversity,” and whether it matters
• Sexual harassment as a legal ethics problem, and the profession’s vulnerability to “The King’s Pass”
• Defying a client for the client’s own good
• Fees, referrals and gaming the rules for fun and profit
• Professional responsibility vs. legal ethics
• The increasing threat to law firm independence and integrity
• The technology ethics earthquake

..and more!

Faculty: Jack Marshall, Pro Ethics Ltd.
Fee: $89 D.C. Bar Communities Members; $99 D.C. Bar Members; $109 Government Attorneys; $129 Others

2. Meanwhile, here are Facebook’s “standards”… As Ethics Alarms posts continue to be blocked on Facebook in various ways, including by “community standards” that for some reason reject the ethics of “Miracle on 34th Street,” the social media behemoth’s own standards are coming into focus: From CNBC: Continue reading →

Morning Ethics Warm-Up, 12/17/2018: The Tragedy Of The Commons Bites Starbucks (Good!) And Other Fiascos

/ Jack Marshall / 35 Comments

Are we having holiday fun yet?

Not yet…

1. ” Madness! Madness!” (Culturally literate readers will be able to name the movie.)

An 11-year-old boy named Joshua Trump has been forced to go by a different name at his Delaware middle school because he has been relentlessly bullied and punched on the a school bus because of his last name.  School officials said that as soon as they learned of the bullying they took action, including disciplining students  involved. The school should be investigating teachers, who may be signalling their biases against the President, and we should be looking at the bullies’ parents and the toxic influence of the media.

This story is just a tiny tip of a very large, very deep, very dangerous cultural iceberg.

President Trump should write the boy and his family, or better yet, call him.

2. “My Bloody Valentine” ethics. I am compiling a list of the very best horror movies for a relative who professed ignorance of the genre. I have done the same for Westerns (this became a Smithsonian program) and movie musicals. It is really annoying to hear people say that they don’t like movie musicals when they have never watched “Singin’ in the Rain” or Fred and Ginger at their best, or that they don’t like Westerns when they have never seen “Shane.” What they are really saying is “I don’t know what I’m talking about, but I have strong opinions on it anyway.”

But I digress. I had remembered that the 2008 remake of “My Bloody Valentine” had impressed me with its original and gory special effects, like the maniac mine murderer jamming a shovel into a victim’s face between her nose and mouth, causing the top half of her head to sliiiide down the shovel blade, or the killer yanking another victim’s lower jaw off with a pick- axe. What fun! But when I selected the film on Netflix to see if it was list-worthy, I discovered that those moments and many others had been edited out. This effectively renders the film pointless and scare-free, but it is also a bait-and-switch. If the film isn’t really the film the director made, a notice to that effect is mandatory. I assumed that Netflix only showed the movie, the whole movie, and nothing but the movie. Guess not.

3. Tucker Carlson, boycotts, and virtue signaling. On his Fox New show, Tucker Carlson was discussing the attitude exhibited by some politicians toward illegal immigration and the economic impact it has on the United States:

“Our leaders demand that you shut up and accept this. We have a moral obligation to admit the world’s poor, they tell us, even if it makes our own country poorer, and dirtier, and more divided. Immigration is a form of atonement. Previous leaders of our country committed sins; we must pay for those sins by welcoming an endless chain of migrant caravans. That’s the argument they make. Somehow the immigration-as atonement idea has become the official position of virtually every guilty liberal in the United States. Our tech overlords, the ones always lecturing you, corporate America, Nancy Pelosi and Paul Ryan—they all believe this, and anyone who disagrees with them is denounced as a bigot and fired.”

But how do you really feel, Tucker? I think Tucker would like to take back “dirtier”—how do illegal immigrants make the country dirtier?—but then he’s speaking extemporaneously. His overall point, while a bit inflammatory in the rhetoric used to express it, is valid. However, Pacific Life, which ran an ad on Fox right after Carlson’s rant proclaiming that the company had been “protecting generations of families for 150 years,” decided it was time to grandstand. (Carlson has also been a target of Media Matters efforts to get sponsors to abandon his show, because the best way to win arguments is to muzzle opposition, especially when your own position makes no sense.)

The company released this:

“Pacific Life’s national advertising campaign runs on numerous networks and cable stations on a variety of news, business and sports programs. One of our ads appeared on Tucker Carlson’s show last night following a segment where Mr. Carlson made a number of statements regarding immigration. As a company, we strongly disagree with Mr. Carlson’s statements. Our customer base and our workforce reflect the diversity of our great nation, something we take great pride in. We will not be advertising on Mr. Carlson’s show in the coming weeks as we reevaluate our relationship with his program.”

Carlson made it clear that he was talking about illegal immigration, though he gave those who want to misconstrue him sufficient rope for them to do so. If it is going to say it disagrees with Carlson, Pacific Life is obligated to say how. (I ding comments on posts here that just say “You are wrong,” “I disagree,” or “You’re an idiot.”) They don’t, because they can’t, and don’t have the guts to take a clear position. Do they believe that the U.S. has an obligation to take in all of the world’s poor? Do they not agree that unregulated and unrestrained immigration will make the country poorer and less united? Do they disagree that liberal guilt and race-baiting are primary tools of those pushing for open boarders? They probably haven’t thought about any of these things beyond the thought a puppy gives a biscuit. They just want to signal “Immigrants good!” and, to use Ann Althouse’s phrase, “Orange man bad!”

Are there corporations with integrity? Right now I can’t think of any. Continue reading →