Race

Coke Commands Its Lawyers To Discriminate: Can’t Do That, And The Law Firms Should Refuse (But I Bet They Won’t)

/ Jack Marshall / 17 Comments

Coke Coercion

This is a major development with narrow implications in the field of legal ethics, but potentially wide-ranging importance in the society as a whole.

We are just now learning—after all, you wouldn’t expect the news media to report this kind of sinister, reverse-racism bullying, would you?—that the general counsel of Coca Cola issued an open letter to the law firms representing it. [Full disclosure: I have taught legal ethics seminars for one of them] The letter decreed that these firms “commit that at least 30% of each of billed associate and partner time will be from diverse attorneys, and of such amounts at least half will be from Black attorneys.” You can read the letter here. Here are the edicts:

Coke demands

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Comment Of The Day: “Monday Ethics Final, 3/8/2021: A Bad Day In The Revolution”(Item #5)

/ Jack Marshall / 14 Comments

I’m combining successive comments by a single commenter again. Humble Talent‘s observations regarding the angry “cultural appropriation!” reactions to Chris Cuomo saying he was “black inside” are wide-ranging and open up many difficult and fascinating ethics topics that I’m certain the 27 people still reading Ethics Alarms will find edifying.

HT began by responding to my query, “I wonder if Cuomo’s critic had the same reaction when Toni Morrison pronounced Bill Clinton as our first black President?”

Here are the two parts of Humble Talent’s Comment of the Day on item #5 of the post, “Monday Ethics Final, 3/8/2021: A Bad Day In The Revolution“:

They square this circle by comparing experience, neither is about objective reality.

Objectively, Cuomo is just as black as a fully intact biological man with gender dysphoria is a woman. But this isn’t about objectivity, reasonableness, or the truth…. It’s about oppression. Because really… What else differentiates someone who misrepresents their race, like Rachel Dolezal, or Shaun King, to someone who misrepresents their sex? Sure, both can be murky, is the child of a mixed race couple black or white? Is a person with Klinefelter or Turner’s syndrome a man or a woman? Progressives would usually say that the person With XXY or XYY are whatever they self identify as, and similarly for the mixed race child, whatever box they choose to mark. And if you get a fully intact biological man who believes that he’sa woman… Well, welcome to the club! But if you’re a white woman who puts on a lot of spray tan, dreds up her hair, and works as a black NAACP activist for most of her life… Fuck off bigot? I guess.

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More On Why Minneapolis Is Headed For Rodney King Level Riots

/ Jack Marshall / 33 Comments

Rodney King Riots Timeline

I have to believe the prosecutors in the George Floyd murder trial know that they are just marking time to but off a repeat of the 1992 Rodney King rioting in Los Angeles, and probably worse.

We know, or should, that former officer Derek Chauvin is not a racist, other than the fact that he is white. This may be enough to make him a presumed racist according to Black Lives Matter and Democratic Party cant, but not under the law. The news media has been diligently searching for Mark Furmin-like racist comments in Chauvin’s past, and if they haven’t found any by now, I think it’s unlikely that there are any to be found.

We know, or should, that Chauvin did not intend to harm George Floyd. He definitely wanted to make Floyd uncomfortable, because he was angry at his perp for resisting arrest. Nobody has argued seriously or persuasively that the officer intended to kill him.

Finally, we know, or should, that it is possible, even likely, that Floyd’s death was caused by his own careless ingestion of prohibited substances, including an overdose of fentanyl.

With these facts, my knowledge of prosecutorial ethics tells me that without the influence of other factors that should not be factors at all, a competent and responsible prosecutor would not charge Derek Chauvin. It is very likely that a verdict of guilty beyond a reasonable doubt cannot be achieved before a fair and competent jury, and prosecutors are forbidden from attempting to convict defendants while hoping that a dumb and emotional jury fails to weigh the evidence properly. If a prosecutor doesn’t think, based on the evidence, that an individual is guilty of a crime beyond a reasonable doubt, then no charges should be brought. That is exactly the situation regarding Chauvin and the death of George Floyd.

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Monday Ethics Final, 3/8/2021: A Bad Day In The Revolution

/ Jack Marshall / 9 Comments

GnadenhuttenMassacre

March 8 should be a day that “lives in infamy,” but it isn’t, in part because of this nation’s, and all nations’, tendency to forget episodes in their history that they would rather pretend didn’t happen. On this date in 1782, 160 Pennsylvania militiamen slaughtered 96 Christian Indians including 39 children, 29 women and 28 men. The Patriots killed their captives by hammering their skulls with mallets from behind, as the victims knelt praying and singing. The Patriots then piled the bodies in mission buildings, and burned the entire Moravian Mission at Gnadenhutten to the ground in the Ohio territory. . The Pennsylvanians claimed that the attack was revenge for raids on their frontier settlements, but the Native Americans they killed were not involved in any attacks. In fact, they were pacifists who had been assisting the Americans against the British by serving as scouts and performing other services.

There were consequences of the massacre, though not to the criminals responsible. Despite talk of bringing the murderers to justice, no charges were filed. But Native American tribes became less willing to trust the Patriots as the Revolutionary War continued. When General George Washington heard about the massacre, he told his soldiers to avoid being captured alive by Indian forces, as he feared the Americans would be tortured. Many were, and Native Americans had longer memories of the atrocity at Gnadenhutten than the citizens of the new nation. In 1810, Shawnee chief Tecumseh pointedly reminded future General and later President William Henry Harrison, “You recall the time when the Jesus Indians of the Delawares lived near the Americans, and had confidence in their promises of friendship, and thought they were secure, yet the Americans murdered all the men, women, and children, even as they prayed to Jesus?”

Theodore Roosevelt, a historian in addition to his other pursuits, called the atrocity “a stain on frontier character that the lapse of time cannot wash away.”

But it has, hasn’t it?

1. And they said Trump supporters were stupid! A group called Pro-Life Evangelicals for Biden feel betrayed:

Pro Biden

These people really believed that the Democratic Party was going to “engage” on the topic of abortion, and that electing Joe Biden President would lead to compromises and moderation on the issue. Let me write that again: These people really believed that the Democratic Party was going to “engage” on the topic of abortion, and that electing Joe Biden President would lead to compromises and moderation on the issue.As you know, I have constant difficulty accepting the principle that being stupid isn’t unethical. Outrageous stupidity makes me angry, and maybe that’s unfair. Episodes like this are difficult for me to put in perspective.

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Unethical Quote Of The Week: Deyate Hagood’s Zoom High School Economics Class

/ Jack Marshall / 18 Comments

“What that nigga want God? Word up, look out for the cops…Word up, two for fives over here baby. Word up, two for fives them niggas got garbage down the way, word up.”

—-Lyrics in “Cash Rules Everything Around Me,” performed by Wu-Tang Clan ,in one of two rap videos that formed the basis of an economics class taught by Deyate Hagood, a social studies teacher at A-TECH High School.

For the uneducated, “Two for fives” is a 90s’ term for crack cocaine sales, meaning “two vials for five dollars.”

When a Queens mom working at home heard this and another equally vulgar rap video taking up the bulk of her son’s Zoom economics class on “money, power and respect,” she snapped. The woman, whose name is being withheld because she fears retribution against her or her son, grabbed her son’s laptop and shouted at Deyate Hagood, the social studies teacher at A-TECH High School in Williamsburg, saying…

“You honestly ought to be motherfucking embarrassed. Disgusting! You have rap videos using N-words, talking about whores and bitches and selling drugs. I’m working from home, and this is what I’m hearing my kid in his senior year learning in class?”

Indeed it was. “I’ve had to watch my high-school senior spend an entire year at home in isolation while receiving a very limited education,” said the Queens mother, an executive assistant with a younger son in middle school. She told the New York Post that her 12th-grader did not have a book or syllabus for the economics class. Her son reported that Hagood usually showed videos. In the second rap video played that day in Hagood’s class, a prostitute in black lingerie “sings,”  “First you get the money. Then you get the muthafuckin’, power. After you get the fuckin’ power muthafuckas will respect you.”

Nice!

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Sunday Evening Ethics Reflections, 3/7/21: Two More For Cuomo, Too Late For Kasich, Too Stupid To Be Believed, And Too Cowardly To Be Of Any Use…

/ Jack Marshall / 7 Comments

evening-reflections

1. Well, what do you know! Two more women have come forward to accuse New York Gov. Andrew Cuomo of sexual harassment, making a total of five now. The Wall Street Journal and The Washington Post have the stories.

A former press aide, Karen Hinton, told the Post that Cuomo embraced her in a Los Angeles hotel room in 2000. Ana Liss, another ex-aide, said the governor hugged and kissed her and grabbed her waist in 2014. As we have discussed here often, true sexual harassers are habitual and incorrigible. It’s not a mistake or a lot of misunderstandings. These are powerful individuals who feels entitled to abuse that power with subordinates who are likely to be reluctant to resist or report the misconduct.

2. Where was she when John Kasich needed to be told? Ann Althouse has a post titled, Is there someone in your life who is annoying you with the conversational tic “Do you know what?” In 2016, desperately seeking some alternative to Donald Trump among the large and fatally flawed GOP field seeking the party’s Presidential nomination, I was so annoyed by Kasich employing that tic (or its equivalent, “Guess what?”) that I tuned him out every time he spoke. Why didn’t anyone tell him? I’m a stage director: I’ve corrected dozens of actor tics. Any politician who is so inattentive that he or she can’t acknowledge and address a bad communication habit (Kamala Harris’s laugh!) is intrinsically untrustworthy, inattentive and lazy. It’s a tell.

3. Look! A public “How stupid, frightened and gullible are you?” test! This ridiculous thing is a real product designed to wear all day and night to protect you from the deadly viruses, microbes and pollutants that threaten to kill us all.

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Another 7-11 Encounter: There Is Hope.

/ Jack Marshall / 8 Comments

yankees-vs-red-sox

For over a decade, a cynical, destructive, dangerous and—let’s see, is there another good adjective? Yes!— unethical strategy has been pursued to strip away all trust between the races, to use racial guilt for profit and power, to make black Americans fear and hate white Americans and to cause white Americans to resent their blacks neighbors. This is, disgracefully, a deliberate choice by elements in our society and politics in order to achieve power. It is an existential threat to the United States, our society and our culture, and has never been more so than now.

I was running an errand for Grace to the local 7-11. As I got out of my car, wearing a black #*&!@#!! mask, my path intersected with that of another man on the way to the convenience store. All I could see were his eyes and his skin-color (he was African-American), and the rest was attire: a New York Yankees cap and a Yankees team jacket. I was one up on him: I was wearing my Red Sox cap, a Boston team jacked AND my Red Sox canvas deck shoes.

The stranger, who appeared to be around my age, froze dramatically as we came face to face about ten feet apart, extended his arms, and exclaimed, “What is this, a beer ad?” and laughed. I replied, “I think it has to be!,” and he followed me into the store. We stopped a few feet inside the door, and talked for 20 minutes about baseball, our teams, various players, baseball ethics (steroids and cheating), and life. He was such a friendly, smart and funny guy; I loved talking with him. Then he gave me a fist bump, and we parted. I never even got his name.

There was nothing in our interaction that day that involved race or anything else contentious. We were just two human beings and citizens of the United States who have a lot more in common and a lot more to talk about together than group identities and conflict. The encounter reminded me that the bonds that unite us as a nation are still stronger and more resilient than the enemies of democracy think they are.

And as I got back into my car, the most famous quote from Anne Frank’s diary suddenly popped into my head: “In spite of everything, I still believe that people are really good at heart.” Not all people, certainly, but just maybe enough of them.

There is hope.

Happy Birthday, Dr. Seuss! You’re Cancelled, You Racist.

/ Jack Marshall / 19 Comments

Suess birthday

Today is Dr. Theodore Geisel’s birthday. Better known to the world as Dr. Seuss, the author and illustrator of such classic children’s books as “The Cat in the Hat,” “Horton Hears A Who,” and my personal favorite, “Fox in Socks” because it drives my wife crazy, was born this day in Springfield, Massachusetts, in 1904. Geisel, who used his middle name and his mother’s maiden name as his nom de plume, wrote 48 books (even some for adults). His work has now sold over 200 million copies and been translated into multiple languages. His style of verse and illustrating have been imitated and parodied countless times. Jesse Jackson even read “Green Eggs and Ham” on Saturday Night Live.

Nobody ever thought of Dr. Seuss books as “racist” until recent fads, events , cancel culture and The Great Stupid washed over the land. Well, OK, not “nobody.” Ethics Alarms had a post about the Seuss Museum in Springfield cutting a piece out of a Dr. Seuss mural because three prominent children’s authors who had been invited to attend the Children’s Literature Festival at the Museum threatened to boycott the event on the theory that the mural, painted to replicate a scene from Dr. Seuss’s first book “And to Think That I Saw It on Mulberry Street,”  was, they claimed, offensive. It had, said one of the grandstanding hysterics, a “jarring image” of a man with slanted eyes and a coolie’s hat using chopsticks to eat rice, because, apparently, Chinese people never wore such hats, don’t use chopsticks and hate rice. I wrote, while awarding the museum an Ethics Dunce designation (I’m thinking about adding a “Weenie of the Week”…what do you think?):

There is nothing racially jarring about Geisel’s painting of a “Chinaman” except to someone already looking for offense. Dr. Seuss’ drawings can be fairly termed cartoons. The definition of a cartoon is “a simple drawing showing the features of its subjects in a humorously exaggerated way.”  What are these juvenile children book authors asserting…that all cartoons are racially insensitive? That only cartoon of non-whites are offensive?…Normal Americans, meanwhile, understand the cartoon art form, recognize that features are exaggerated, and thus do not take drawings like those by Dr. Seuss (or Matt Groening, the creator of The Simpsons) as literal or malicious.

Well, silly me. I thought this was just a one-off moment of woke insanity: I have since learned that the Woke never sleep. In the post, I referenced “The Simpsons” and the fact that nobody had called for the elimination of Apu. Apu has since been cancelled as “racially insensitive.” The show also decreed that white voice actors can no longer portray black characters, so Dr. Hibbard has a new sound. Presumably “The Simpsons” will eventually seek a low IQ hick to voice “Cletis the Slack-Jawed Yokel” and a socially awkward MIT PhD. to do the voice of Prof. Frink.

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Ethics Heroes Of The Great Stupid: University Of Texas Alumni Donors

/ Jack Marshall / 21 Comments

Back in October of last year, this Ethics Warm-up related the truly ridiculous story of how the University of Texas’s school song, and a beloved Texas folk song as well, was being called “racist,” and some of the schools football players were calling for it to be “cancelled.” University President Jay Hartzell reacted with Authentic Frontier Gibberish: who knows what he was saying? He outlined steps UT would take to “recruit, attract, retain and support Black students,” while his statement said that he preferred to “acknowledge and teach about all aspects of the origins of ‘The Eyes of Texas’ as we continue to sing it moving forward with a redefined vision that unites our community.” What he should have said was that there is nothing whatsoever racist about the song, and his university was not going to be bullied and race-baited into changing revered school traditions just so social justice warriors and woke mobs can add another notch to their metaphorical belts.

You see, the claim that the song has “racist undertones” is simply false. You will search for them in the lyrics fruitlessly:

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Ethics Hero: Bluefield (Va.) College President David Olive

/ Jack Marshall / 11 Comments

Bluefield

The players for Bluefield College’s basketball team had done “a Kaepernick” several times prior to their games in January and February, and after being warned by school officials that this conduct was against school policy and would be punished in the future, the team stayed in the locker room during the playing of the National Anthem in the next game. But on February 9, the Bluefield players decided to defy the college and kneel during the anthem. College President David Olive informed the team’s coach, that “there would be consequences.” There were. He suspended the entire team for the next game, thus forfeiting the contest.

Good. That is exactly what he should have done.

The students were warned, and decided to test the resolve of the college in their arrogant wokeness. Now they know that not everyone backs down.

The players then proceeded to demonstrate the deficits of the American educational system, including, sadly, Bluefield. They argued a double standard, because a pro-Trump rally held near the campus showed that some protests (you know, white protests!) are acceptable to the school, but not theirs. “So it’s OK for everyone to have a Trump rally with Confederate flags, but it’s not OK for us to kneel for our people who’ve fallen,” said one player who has been speaking for the team.

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