Race

From The “Grandstanding Ingratitude” Files…Ethics Dunce: Boston Red Sox Owner John Henry

/ Jack Marshall / 31 Comments

Ah, Ethics Alarms heaven! The statue-toppling mania issue has collided with the Boston Red Sox, just two days after my pilgrimage to Fenway Park!

ESPN reported yesterday that Red Sox owner John Henry wants Boston to change the name of  the street that borders the legendary park, Yawkey Way, and he is trying to exploit the   current political correctness mania that has cities pulling down statues of war heroes in the dead of night to accomplish his goal.

That’s my characterization, of course, not ESPN’s.

Henry told the Boston Herald that he is “haunted” by the racist legacy of previous owner Tom Yawkey, who led the team from 1933 to 1976. Because he is haunted, he thinks that it is fair and right that the man who beyond question saved the team, ran it as a Boston institution and public utility, and is as responsible as anyone for the fact that Henry owns one of the prestige franchises in all of sports, should be dishonored and shunned because he wasn’t enlightened about civil rights long before Martin Luther King began marching.

Such disgraceful moral grandstanding and self-righteous ingratitude is seldom seen. But I guess if anyone should be able to grandstand, its someone who owns a baseball park.

For those who mock the idea that the desecration of Robert E. Lee’s statues leads directly to George Washington, now hear this; for the Boston Red Sox, Tom Yawkey is George Washington.

The only owner any one remembered before Tom Yawkee bought the team was Harry Frazee, consigned to Beantown Hell for selling Babe Ruth (and many other stars) to the New York Yankees in 1919. From that moment on, the team was a perennial loser, often in last place, while New York won pennant after pennant and sneered at its proud rival on the Bay. In 1933,

Tom Yawkey , a lumber tycoon and baseball enthusiast, bought the team and poured money and love into it, buying other team’s stars (Left Grove, Joe Cronin, Jimmy Foxx) and turning the team into worthy challenger to the Yankees.  From the beginning, Yawkey paid no  attention to the bottom line as he tried to build a champion out of the franchise, or as he put it, “to bring a championship back to the fans of Boston.” This was during a period when teams had permanent control over player contracts, and most owners used that leverage to pay players pathetic wages. Not Tom Yawkee. He was criticized for over-paying players–hilarious now, when we’re talking about his paying a utility infielder $15,000 when others of his ilk were making just $8,000, and current utility players make a couple million dollars a season. Sportswriters in Boston called the Red Sox a country club, and blamed Yawkee for “falling in love with his players.” In 1960, Ted Williams had to ask Yawkey to cut his salary, because he felt embarrassed after a bad year, his only one.

Was Yawkey a racist? He was born in 1903, and grew up during the Wilson Administration, when Jim Crow really took of. Sure he was a racist, along with about 95% of the whites in the nation.  Continue reading →

Ethics Dunces: The 8th U.S. Circuit Court of Appeals

/ Jack Marshall / 20 Comments

I don’t understand this ruling at all.

In 2011, Cooper Tire & Rubber Co. had locked out union workers. After the company later settled a contract dispute, they all returned to work except for Anthony Runion, who had been fired. Runion had shouted at a van carrying replacement workers onto the company’s grounds: “Hey, did you bring enough KFC for everybody?” and “Hey, anybody smell that? I smell fried chicken and watermelon,” the opinion noted, adding that most of the replacement workers were black.

In the 2-1 ruling for the fired worker, Judge William Duane Benton cited the law protecting unions, strikers and pickets, 29 U.S.C. § 157. Section 7 of the Act guarantees employees the right to “assist labor organizations . . . and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Section 7
gives locked-out employees the right to picket. Section 8(a) prohibits an employer from interfering with, restraining, coercing, or discriminating against employees in the exercise of their Section 7 rights.

How would firing  a worker for uttering undeniable racially hostile verbiage in the process of striking? Benton writes, citing various cases in the line of labor decisions:

“One of the necessary conditions of picketing is a confrontation in some form between union members and employees.” Chicago Typographical Union No. 16, 151 NLRB 1666, 1668 (1965), citing NLRB v. United Furniture Workers of Am., 337 F.2d 936, 940 (2d Cir. 1964). “Impulsive behavior on the picket line is to be expected especially when directed against nonstriking employees or strike breakers.” Allied Indus. Workers No. 289 v. NLRB, 476 F.2d 868, 879 (D.C. Cir. 1973) (internal citation omitted). This court analyzes picket-line conduct under the Clear Pine Mouldings test: a firing for picket-line misconduct is an unfair labor practice unless the alleged misconduct “may reasonably tend to coerce or intimidate employees in the exercise of rights protected under the Act.” NMC Finishing v. NLRB, 101 F.3d 528, 531 (8th Cir. 1996), citing Clear Pine Mouldings, Inc., 268 NLRB 1044, 1046 (1984), enf’d, 765 F.2d 148 (9th Cir. 1985). The test is objective.

Wait: racially prejudiced rhetoric is “impulsive behavior”? Not by non-racists, its isn’t. Non-racists don’t suddenly start talking like racists on impulse. Anthony Runion unmasked himself as a racist by his behavior on the picket line. It may not have been “picket line misconduct,” but it was certainly unacceptable workplace and employee conduct, with a strong indication of more to come. Benton wrote that there was no evidence the black “scabs” heard Runion’s racist words, though dozens of others nearby did, and that the comments were not directed at any individual. Wait again: is the judge arguing that using racial epithets in the workplace isn’t a firing offense as long as the offender can say, “I didn’t mean you” ?

The lone dissenting judge, Judge C. Arlen Beam  dissents by stating the obvious: Continue reading →

Morning Ethics Warm-up: 8/16/17

/ Jack Marshall / 72 Comments

GOOD MORNING!

1. I’m heading to Boston and Fenway Park in a few hours to meet with two of my high school classmates and together pay our respects to the 1967 Boston Red Sox, the spiritual beginning of Red Sox Nation, and a group of men, then barely more than boys, who had as profound an effect on my life and view of it as anything I have ever experienced.

It’s the 50th Anniversary of that amazing team and the heart-stopping pennant race it won against all odds, in a four team race that came down to the final game of the regular season. I mean heart-stopping literally: the team wasn’t called “The Cardiac Kids” for nothing. TWO of my father’s colleagues at the Boston Five Savings Bank died of heart attacks while attending Red Sox games, during one of the 9th inning desperation rallies for which the team was famous. The only reason I didn’t perish in like fashion is because I was just 16 years old.

Why was this team, and that summer 50 years ago, so important to me? I don’t have time or space to answer that question well, and you’d probably wonder what I was babbling on about anyway. A 2017 film by Major League Baseball called “The Impossible Dream” does a fair job of explaining it, but it’s too short to do the job right.

I had listened to, watched or attended every Boston Red Sox game for five years, as the team lost and lost. From those bad teams, followed weakly by the city in those days, in a crumbling old park that seemed destined to be abandoned and torn down, I learned that winning wasn’t everything, that loyalty wasn’t easy, that Hemingway was right, and that baseball was about courage, humility, perseverance, doing your job every day, sacrifice, and hope, as well as usually losing at the end. That summer of 1967 taught me that hope is worth the effort even though hope is usually dashed by the ice water of reality, that you should never give up, that miracles do happen, and that nothing is as wonderful as when a community is united in a single, inspirational goal, no matter what that goal might be…and that you should never be afraid to give everything you have in pursuit of a mission, even when it is likely that you will fail.

I learned difficult, discouraging lessons, too. When an errant pitch hit Red Sox right-fielder Tony Conigliaro in the face on August 18, 1967, it was the beginning of a lesson that revealed its tragic last chapter 23 years later. That one taught me that life is horribly, frightening unpredictable, and that we envy others at our peril. It taught me that we need to do what we can to accomplish as much good as we can as quickly as we can, because we may lose our chance forever at any moment.

Tony C, as he was and is known as, was a beautiful, charismatic, local kid, the idol of Boston’s huge Italian-American community,  in his fourth season with his home town team at the age of 22. He dated movie stars; he recorded pop songs; he had a natural flair of the dramatic, and was destined for the Hall of Fame. One pitch took it all away. Although he had two comebacks and played two full seasons facing major league fastballs with a hole in his retina and his field of vision, Tony was never the same. After his final attempt to keep playing failed at the age of 30, he became a broadcaster, and at 37 was seemingly on the way to stardom again in 1982 when he suffered a massive, inexplicable heart attack—Tony  did not smoke, and had no family history of heart problems– that left him brain damaged until his death in 1990.

As Henry Wiggin, the star pitcher protagonist of the novel, play and movie “Bang the Drum Slowly” observes as he  reflects on the death of his catcher and roommate, everyone is dying, and we have to remember to be good to each other. But it’s so hard. Ethics is hard. The ethics alarms ring faintly when we are about the task of living, or not at all…

At the end of the story, the narrator, the best friend of the catcher (but not really that close a friend) recalls how quickly everyone on the baseball team went back to their selfish ways after their teammate went home to die Even the narrator, who was the leader of the effort to make the catcher feel loved and appreciated in his last days, ruefully recalls his own failing. The catcher had asked him a favor, just to send him a World Series program (the team won the pennant after he had become too ill to play), and he had forgotten to mail it until it was too late. How hard would it have been, the narrator rebukes himself, to just put it in an envelope and mail it? Why are we like that, he wonders?

1967 was the beginning of my exploration of that mystery too.

So I am going to Boston for the 30 minute ceremony. I can’t even stay for the game; I have a seminar to teach tomorrow morning, and the last flight out of Logan is at 9 PM. There will probably be just a small contingent from the Cardiac Kids: most of them are dead now, or too infirm even to walk onto the field. But Yaz will be there, and Gentleman Jim Lonborg; Rico Petrocelli, Mike Andrews, and maybe even Hawk Harrelson  and Reggie Smith. I will be there to say thank-you, that’s all.

And to show that I remember. Continue reading →

Morning Ethics Warm-Up: 8/12/17

/ Jack Marshall / 23 Comments

Good morning, all!

1. I can’t keep writing the same post repeatedly as the politically correct, the historical censors, the Soviet-style Left and the gallactically stupid continue to tear down statues and eliminate honors to significant Americans who are predecessors deemed worthy.  Just hunt for the “airbrushing history” tag here and you’ll find too many already. We should note, however, how the cognitive dissonance scale is coming into play to the benefit of the unethical airbrushers.

In Charlottesville, home of the University of Virginia, this weekend will witness thousands of white nationalists and neo-Nazis demonstrating to protest a plan to remove a statue of Robert E. Lee  from a city park, because, Lee’s sub-21, infinitely wise undergrads insist, erasing Lee from history will undo the legacy of racism, or something. Of course, for the Racist Right to be the ones protesting makes this position look reasonable. White supremacists organizing the protests unjustly associates Lee with their cause, making his statue mean something it never did, and attaching him to  cause that was not his. The protests against tearing down Lee’s statue–UVA’s founder, Thomas Jefferson, will be next on the non-person list, or close to it—should be coming from historians, scholars, liberals, believers in fairness, nuance, and integrity, and those who are literate enough to understand that the life of Robert E. Lee has much to teach every child and American about loyalty, hubris, hard choices, tragic choices, hypocrisy, courage and more. Why aren’t they protesting? Two reasons, now: they don’t want to be shoulder to shoulder with the scum of the earth, and they are too timid to stand up for crucial ethical principles, unlike the censors of Charlottesville, who don’t understand them, and the Neo-Nazis and white supremacists, who don’t have them.

2. And speaking of historical airbrushing and censorship: Last year, I designated the Smithsonian Institute’s National Museum of African American History and Culture in Washington, D.C as an Ethics Dunce for omitting the second African American SCOTUS justice, Clarence Thomas from mention while devoting an exhibit to his unsubstantiated accuser, Anita Hill.  Now the museum has announced plans to honor Jim Vance.

Come on, you all know who Jim Vance is, don’t you? (D.C. area residents: shut up!) Jim Vance, who transformed America for blacks? Give up? Vance was a long-time popular local D.C. television news broadcaster, with a nice screen presence and a casual delivery.  He just died, and he was black. The museum’s founding director, Lonnie Bunch, said the broadcaster “symbolized that it was really important that America was changing and his presence was a symbol of that change.” Right, sort of….although Vance was hardly the first or the most prominent black newscaster in D.C. Clarence Thomas, however, was the first conservative black justice…which is, of course, why is being shown such disrespect by the “Nation’s Attic.”

I haven’t visited the huge, striking new museum on the mall yet, and I won’t until its shows signs of being am objective chronicler of history rather than a tool of interest group propaganda. Continue reading →

Morning Ethics Warm-Up: 8/6/17 [UPDATED]

/ Jack Marshall / 51 Comments

 

CORRECTION: somehow, and I have no idea why, this somehow was posted with “Comment of the Day” in the headline. And because today has been marred by illness and unexpected events, I didn’t see the mistake until 7:43 PM. I’m sorry for the confusion. I need a vacation.

1. Continuing my informal survey of the Trump Hate obsession at the New York Times,  the trend I noticed last week in the flagship for “the resistance” on the Times staff, the Sunday Times Review section, continued dramatically. Is this evidence that Times readers are finally getting sick of the paper’s unethical obsession? Time will tell. There was just one Trump Hate piece in the ten page section, out of 16 separate essays and op-eds. (A professor of anti-American studies has an essay that attacks all Trump voters and supporters as racists. Should this count? Nah. If you’re not a Democrat, you’re a racist, that’s all. It isn’t about Trump.) Oh, one of the editorials was questioning the Trump policy approach, but that’s within the normal range of newspaper editorials. The one hate essay was borderline, Maureen Dowd being snarky about the Russia investigation. She’s more of a humor writer than a true pundit, inclined to go where the most laughs lie, and her last paragraph was so, so dumb that it effectively discredited anything else she wrote, or will write, really. Dowd wrote,

“On Thursday, the president pout-tweeted that it was Congress’s fault that “our relationship with Russia is at an all-time & very dangerous low.” So he was blaming lawmakers who punished Russia for a cyberattack on our election rather than blaming Russia for sticking a saber in the heart of our democracy.”

Right, Maureen: Russia letting the American public know that the Democratic Party rigged its nomination, that Barack Obama knew about Hillary Clinton’s breaching her own department’s cyber-security requirements, that the Democratic Party’s candidate was running illegal pay-to-play shakedowns of foreign governments to fill the Clinton Foundation coffers (and her husband pockets), that reporters were colluding with her campaign to make certain she was elected, and that the DNC chair used her CNN position to help Hillary cheat in a debate stuck a saber in our democracy. In other words, Russia stuck a saber in our democracy by uncovering genuine evidence that the Democratic Party and Hillary Clinton had stuck multiple sabers in our democracy. I have actually described the “Russian interference” almost exactly this way to die-hard Hillary-ites, and they see nothing amiss with that analysis.

Or was Maureen just making another joke?

2. Some NFL players are now speaking up, protesting that free agent quarterback Colin Kaepernick is being “blackballed” by NFL owners because of his ridiculous anti-National Anthem stunt last season while playing for San Francisco. “Blackballed” implies something unethical and subterranean. We all know why Kaepernick hasn’t been hired: a) he’s not very good and b) he can’t be trusted not to embarrass his team and annoy fans by creating racially divisive (and incoherent) political theater on the field.

Does this “chill” his political speech? All of our political speech is “chilled” to the extent that when we speak out about controversial matters while representing our employers, we risk losing out jobs.  If the NFL put pressure on the teams not to hire this jerk, that would  raise ethical and legal issues, but why would they have to? He was a disruptive employee who wasn’t good enough to get the unethical benefits of the King’s Pass. No team in its right mind would pay millions to Kaepernick. Indeed, teams have an obligation not to. Their job is to win games, make money, and entertain fans. Keapernick undermines all three objectives. Continue reading →

UPDATE: So THAT’S What Really Is Going On. Boy, Wouldn’t It Be Great If There Was Some Trustworthy Professional Source That Would Report Events Without Spin And Intentional Distortions?

/ Jack Marshall / 37 Comments

 

Somehow, I expect the New York Times to be better than this.

Today’s Morning Warm-Up included this item as its final note:

Ethics Alarms will certainly feature more on this development, but for now I’ll just welcome the decision, sure to be attacked as “white supremacy,”  by the Justice Department’s civil rights division to begin  investigating and suing universities over affirmative action admissions policies deemed to discriminate against white applicants. Affirmative action has always been a euphemism for “race-based discrimination in favor of the right race,” and while it can be argued that it was a necessary evil in the wake of Jim Crow, it is still a hypocritical and unconstitutional policy.  I hope the Justice Department includes discrimination against Asian-American students in its crackdown as well.

Well what do you know?

DOJ spokeswoman Sarah Isgur Flores  put out a statement today clarifying what the New York Times went out of its way to distort, saying,

“Press reports regarding the personnel posting in the Civil Rights Division have been inaccurate. The posting sought volunteers to investigate one administrative complaint filed by a coalition of 64 Asian-American associations in May 2015 that the prior Administration left unresolved. The complaint alleges racial discrimination against Asian Americans in a university’s admissions policy and practices.”

This was the 2015 complaint by Asian-Americans claiming they were victimized by quotas at Ivy League schools that was discussed in the Ethics Alarms post I linked to this morning. Continue reading →

Morning Ethics Warm-Up: 8/2/17

/ Jack Marshall / 156 Comments

Gooooood morning!

(I don’t know about you, but it’s always a good morning for me when the Boston Red Sox win the most exciting game of the baseball season so far with a three-run homer in the bottom of the ninth after what should have been the last out reached first because  a swinging strike three went through the catcher for a passed ball….)

1. Yesterday, the gang at HLN were laughing and guffawing over the fact that someone sent e-mails purporting to be from Anthony Scaramucci to various White House officials and fooled the recipients into responding. Such publicity is what hoaxers dream about. This is why we have despicable fake news sites like “The News Nerd” and others. This is why Facebook feels it needs a special task force to search out and destroy false representations. CNN and other news media also treated the e-mails as significant news—more newsworthy, for example, than the Pakistani crooks the Democratic party had handling sensitive e-mails and other data. Why is this news, other than the fact that the “bad guys” were fooled, in the warped perspective of “resistance” journalists? More to the point, why is it funny? Why is the news media encouraging hoaxes by rewarding them with the notoriety they crave, so they can puff up their little pigeon chests and say, “See? I matter!”

The reports attempted to bootstrap the story by explaining that fake e-mails are how cyber-predators can get access to e-mail accounts. Those phishing episodes, however, involve the credulous recipients clicking on links in the message, which did not occur here. That’s what Hillary Clinton and John Podesta did. I don’t recall HLN chortling about that, however.

2. I’m still waiting for the news media’s apology to Sarah Palin. The news from UK socialized medicine today:

“Obese people will be routinely refused operations across the NHS, health service bosses have warned, after one authority said it would limit procedures on an unprecedented scale.Hospital leaders in North Yorkshire said that patients with a body mass index (BMI) of 30 or above – as well as smokers – will be barred from most surgery for up to a year amid increasingly desperate measures to plug a funding black hole. The restrictions will apply to standard hip and knee operations. The decision, described by the Royal College of Surgeons as the “most severe the modern NHS has ever seen”, led to warnings that other trusts will soon be forced to follow suit and rationing will become the norm if the current funding crisis continues.”

Continue reading →

File This In The Niggardly Principles Files: The Family That Helped Build Portland’s Public School System Is Condemned To Oblivion Because The Schools Are Afraid To Teach

/ Jack Marshall / 19 Comments

I really hate this story, and all stories like it. I hope you do too.

In a perfect and perfectly disgraceful breach of the First Niggardly Principle, the Centennial School District in southeast Portland will be excising “Lynch” from three schools before the beginning of this school year: Lynch Meadows, Lynch Wood, and Lynch View elementary schools. The schools were named to honor the family that originally  donated land for the the  schools to be built upon over a century ago. What, however, is the obligation to appreciate and honor those who selflessly seek to assist public education, compared to the need to cater to those whose education was inadequate? Nothing, apparently.   Superintendent Paul Coakley explains that “many newer families coming into the district associate the name with America’s violent racial history.”

Well, that should settle it, then! Why burden these narrow-minded and easily-triggered products of the victim culture with facts, knowledge and perspective?

More from Coakley: “There were an increasing amount of questions and some complaints from families of color around the name…there is no connection between the Lynch family and the practice associated with the term” but the name has still “been a disruption for some students.”

Here’s a creative alternative solution: educate them. How about that? Is that too challenging for the students? For Portland’s schools? From Wordorigins.com: Continue reading →

Unethical Quote Of The Month: President Donald J. Trump

/ Jack Marshall / 32 Comments

“And when you see these towns and when you see these thugs being thrown into the back of a paddy wagon—you just see them thrown in, rough—I said, please don’t be too nice. Like when you guys put somebody in the car and you’re protecting their head, you know, the way you put their hand over? Like, don’t hit their head and they’ve just killed somebody—don’t hit their head. I said, you can take the hand away, okay?”

—The President of the United States of America, land of the free, home of the brave, and where no citizen is presumed guilty and is protected by the Bill of Rights, in a speech to Long Island law enforcement officials.

Ugh. What an idiot. Here we are in a societal racial schism with alleged police brutality at its core, and President Trump decides it’s the perfect time to publicly endorse beating up suspects on their way to jail.

Naturally, being professionals and having functioning ethics alarms, the International Association of Chiefs of Police as well as various police departments and chiefs released statements stressing the need for police to treat all people with respect.  Darrel Stephens, the executive director of the Major Cities Chiefs Association, said that the President’s words were harmful to police departments that are trying to rebuild trust.  He also added that the laughter and applause of those officers in attendance ” reinforces that there’s sort of a wink and a nod about these things, when that’s simply not the case,.”

Blue Lives Matter then tweeted that “Trump didn’t tell police to go out and brutalize people as the media would have you believe. It was a joke.”

Of course it was a joke—an irresponsible, reckless, inappropriate, harmful, stupid, stupid, stupid joke. That’s a rationalization, not an excuse.

I wonder if the new Chief of Staff could talk the Secret Service into allowing him to post an Amazonian blow-gun sniper with a tranquilizer dart at all Presidential speeches, with instructions to puff hard any time the President starts to go off script?

Probably not…

__________________________

Source: ABA Journal

Bad Ethics Chess: The Insufficiently Diverse High School “Sound of Music”

/ Jack Marshall / 33 Comments

The real mystery here is how the school administrators and teachers could not have seen this coming. Thus the ethical value at issue is, as it often seems to be with public education, competence, or rather the lack of it.

In April of 2016, Marshfield High (in Wisconsin) presented its annual musical.  The production involved a cast of 40 students with 30 more in the crew and orchestra. Students from two elementary schools were in the cast. The show? Rogers and Hammerstein’s “The Sound of Music,” based on the story of the Von Trapp singers and their escape from Austria when the Nazis took over.

In March 2016, a complaint was received from a parent alleging that  the musical’s casting violated the district’s non-discrimination policy.  The parent asked why the cast did not “represent the demographics of the school district” and why a deliberate effort was not made “to ensure diversity in the cast.” The parent further said that even if the organizers of the play did not intend to discriminate, they did so “in the most overt and egregious manner.” For more than a year, district officials tried to keep the complaint and the resulting investigation out of the news. Now the investigation is out, and it found that indeed the casting did violate the policy.

I didn’t have to read the whole article, or much of it at all, to guess what happened. All I needed to know was that a high school with a diverse student body had chosen “The Sound of Music” as its annual musical. Everyone has seen the movie, and knows that it is about the cutest Austrian family on Earth stocked with a group of brothers and sisters whose ascending ages and heights constitute the most vivid visual image of the play.  High schools seldom produce this musical, for exactly these reasons. A theater department barging ahead with this Rodger and Hammerstein classic will be instantly risk appearing to exclude anyone who isn’t so white that their brilliant gleam will blind the audience (and African-American Nazis are even more jarring than  Hispanic-American and Asian Austrians), or it must commit to the most show-undermining non-traditional casting imaginable. There isn’t even a true choice: if you produce this show in a public school, you have to be ready to cast a black Maria, brown Nazis, Asian Austrian nuns and a brood of Von Trapps that suggests that the Captain was rather naughty in his travels, if admirably open to amorous affections regardless of race, color or creed. Continue reading →