Law Prof. Ethics Rule: Don’t Say Anything To A Student That You Wouldn’t Say Over An Open Mic…

Oops! Law professor Daniel Capra, an adjunct professor at Columbia Law School, responded to a student complaint that he spoke too quickly in his lectures and international students were having trouble keeping up with a foreign language. Capra dismissed the compliant and and dismissed the students’ problems following hm as “assumption of risk.” Then, after the student walked away, he said, “Fuck!”

His class was being recorded, and a nearby microphone was live. Of course, the episode is being given maximal attention, life today being what it is. Above the Law gleefully weighed in, so did Law.com. Aditi Thakur, president of Columbia Law’s student senate, released a statement announcing that the student senate is “deeply alarmed” by Capra’s conduct. Gillian Lester, the dean of Columbia Law, said that she has told Capra that his “language, and the disrespectful attitude it conveyed, were unacceptable.” She also told students that she wanted to “express my own sorrow about this incident.” Sorrow!

Capra is also a professor at the Fordham University School of Law, so Matthew Diller, the dean there, had to pile on, saying, “His conduct was not consistent with his reputation as a teacher and scholar over many years or the spirit of inclusiveness and care for others that is at the heart of a Fordham education.”

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Comment Of The Day: “Climate Change Media Hype, 2022”

I was feeling guilty about taking so long to give this spectacular Comment of the Day by Ryan Harkens the exposure it deserves, but I am glad I did. I’m pretty sick today, and getting a fourth post up was really going to be a challenge; Ryan’s profound essay is better than anything I was going to be able to produce…indeed, it’s better than most of what I write here.

Ryan’s’ topic is science, and climate science in particular. I’m honored that he vewed this forum worthy of such thoughtful and profound work.

Here is Ryan Harkens’ Comment of the Day on “Climate Change Media Hype, 2022”:

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In the analysis of any phenomenon, there are several layers to peel back:

1. Is the phenomenon real?
2. Is the phenomenon being measure accurately?
3. Is the phenomenon on a whole beneficial or deleterious?
4. Are the causes of the phenomenon understood?
5. Are there solutions to the phenomenon?
6. Do those solutions cause more problems than the phenomenon?
7. How should those solutions be applied?

We have to understand that science is about creating hypotheses about the real world and testing them. Science collects data, analyzes data, makes predictions about the data, and then observes whether those predictions come true. Thus science can help to a certain degree with the first 6 items on the list, but it has much less to say on the 7th. But even for the first 6, science does not necessarily provide definitive answers, certainly not enough to say that any “Believe the science!” mantras should be heeded. In more detail:

1. Science can offer a tentative answer to whether a phenomenon is real. Upon testing and retesting, it can assert with a certain degree of confidence (never 100%) that a phenomenon is indeed real. But there could always be further data discovered that shows the phenomenon was not real, or at least what it was was much different that was proposed. In the case of climate science, we have observations since the 1970s that show a general warming trend. It seems very reasonable to accept that we’ve seen a general warming trend since then. However, even now there are some factors that could still upset that conclusion. The urban heat index could be greater than we imagined; the fact that most of the temperature gauges we’ve used around the world are located in first world countries, leaving much of the world unmeasured; and the reliance on satellite data (while currently of high confidence) might have some undiscovered error that invalidates 50 years of data collection. (I’m not saying this is the case or I have any evidence satellite data is flawed, just that that would be an example of how even our belief that the world has been warming could be in error.)

2. Science can only measure to a certain degree of accuracy. Again, the issues of urban heat index and the location of various temperature gauges could skew the data, and while global warming could be a real phenomenon, the degree to which the world is warming can be misrepresented by poor measurements. Similarly, efforts to reconstruct historical climate patterns based on ice core samples, tree rings, and other methods could be helpful, but still inaccurate, and thus lead to different conclusions about current warming or cooling trends. Furthermore, there is the question of whether we are truly measuring the right things? We need to measure air, land, and water temperatures at a variety of elevations, and we have to properly measure the incoming energy in the earth’s systems, as well as the outgoing energy of the earth’s systems, and this leads to literally hundreds of thousands of data points for one timestamp. Multiply that by years of data, and we are talking about an enormous amount of data, and we could still be missing a crucial measurement that we didn’t think we would actually need to measure. Continue reading

Climate Change Media Hype, 2022

The more I think about it, the more the Wuhan virus fiasco strikes me as a microcosm (not too micro, unfortunately) of the climate change hysteria. Both are “Do Something!” debacles; both have demonstrated that those who argue for lock-step compliance with ideologically driven “science” don’t understand the science they demand we bow to. And, as we have seen, the policies applied to both problems have proved to be irresponsible, reckless, expensive, and destructive. Nevertheless, a substantial portion of the population remains brainwashed by climate change hysteria, even those individuals with brains one would think are too substantial to wash, much like the once sane and competent Americans who wear masks alone in their automobiles and while walking their dogs. I am seeing this in my college reunion report, as I slog through hundreds of life stories. A majority of them express terror at the looming climate apocalypse. Their solution is massive “structural change”…you know, “one world” government, though few are bold or honest enough to say so clearly.

Aiding and abetting the hysteria that is so useful to those who find democracy an inconvenience is the mainstream media. Just as it hyped the risks of the pandemic, never clearly explaining that the virus was overwhelmingly a mortal threat only to the already sick, elderly or obese—all the better to justify shutting down schools, businesses, social interaction and the economy, the news media continued to exaggerate and misrepresent the effects of climate change in 2022. Continue reading

J. Robert Oppenheimer Is Finally Proven Innocent Of Being A Communist Spy. A Lot Of Good It Does Him Now…

Sixty-eight years after he was disgraced and his reputation ruined, brilliant physicist and atomic bomb architect J. Robert Oppenheimer, whose security clearance with the Atomic Energy Commission was revoked on the grounds that he was a supporter of Communism, has been finally declared innocent of that charge. Declassified documents, the Department of Energy has ruled, show that the investigation that rendered the American hero a broken man (he died 12 years later at the age of 62) was biased and flawed.

Energy Secretary Jennifer M. Granholm said in a statement that  “ evidence has come to light of the bias and unfairness of the process that Dr. Oppenheimer was subjected to while the evidence of his loyalty and love of country have only been further affirmed.”

That’s nice. My immediate thoughts when I read this: Continue reading

Comment Of The Day: “Dispatches From The Great Stupid, “D.E.I.” Division: This Story From The Washington Post Was Not A Joke…”

In addition to perfectly encapsulating the insanity of our times and being unintentionally hilarious, the Washington Post headline, “‘Shark Week’ lacks diversity, overrepresents men named Mike, scientists say” also did society a favor by triggering Chris Marschner’s Comment of the Day.

He has a lot of interesting observations here, as well as revelations about something I know absolutely nothing about, sea exploration, that wasn’t explained in old re-runs of “Sea Hunt.”

Here is Chris’s Comment of the Day on the EA post about the dumbest serious headline of the year...

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Have any of the researchers currently studying the number of times white males are showcased on these series actually pitched an idea to Discovery? I don’t think Discovery Channel calls guys named Mike to do a show for them about sharks. The only Mike that I am aware of on the series is Mike Rowe who has developed a number of programs for the Discovery Channel, most notably Dirty Jobs. I suppose because I don’t see a lot of women cleaning hog pens or standing next to a blast furnace that too is discriminatory. What that Mike has done for making non-white collar jobs desirable and dignified is what most of us should aspire to emulate.

Yes, most of the shows do focus on the shark’s hunting behavior but the attacks showcased are not about attacks on humans but on prey species. Nothing captures the viewer like an 8-foot, 2000 pound Great White breach the surface as it hunts a seal (or a replica of one). The replicas are scientific instruments that take various measurements such as bite force and jaw size. When the focus is on the hunting behaviors of other pelagic species, the focus on speed and tactics. As a diver, I want to know as much about the behavior of certain species that I may encounter in the wild. One of my most favorite dives was a wreck called the Proteus where I had the privilege of swimming with over three dozen 6-8 foot Sand Tiger sharks. When I tell people about my diving, I often hear women claim they would not attempt to dive with sharks. Men probably think the same but are less inclined to admit it.

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Comment of the Day: “Dispatches From The Great Stupid, ‘D.E.I.’ Division: This Story From The Washington Post Was Not A Joke…Well, Not Intended As One, Anyway”

In her Comment of the Day on the lament by female shark researchers that they are under-represented in their field (without any supporting evidence of how many aspiring but unfulfilled female shark researchers there are), Sarah B. neatly expresses how “diversity-equity-inclusion” based arguments for hiring create justifications for bias while supposedly addressing the problem of bias.

Here is Sarah B. on the post, “Dispatches From The Great Stupid, “D.E.I.” Division: This Story From The Washington Post Was Not A Joke…Well, Not Intended As One, Anyway”…

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Women do have trouble in the hard sciences. This is true. HOWEVER if we act like whiny little bitches, no one will take us seriously when we need to be taken seriously. Do these DIE-obsessed women not understand that not only are they shooting themselves in the feet, but they are making it harder for all the rest of us?

Employer-Employee relations suffer. If I were hiring researchers, it would be hard to WANT to hire women given the current rules. As a woman I also have confidence issues, as I am uncertain if I was hired as anything more than a diversity hire. Am I really the best for a job, especially if I’m finding something about it very challenging? Is this simply a case of needing to step up and improve myself professionally, or am I just a check-box who is under-qualified and never expected or even capable of performing?

Finally the relationship with coworkers suffers. If my coworker is a diversity hire, they get paid about what I do, but I have to do their work which has me put in hours of unpaid overtime to keep my job while they float. This leads to hate and discontent. And as a potentially qualified person seen as a diversity hire, we need to work much harder than our coworkers with more results than our coworkers to get the basic respect because we start so far in negative territory on the Cognitive Dissonance scale.

As a further note, even if DIE had a point, trans and BIPOC rules have essentially neutered it because who can tell if Mike on “Shark Week” doesn’t identify as Michaela in its personal life and is 1/1024 BIPOC?

Women need to stand up against DIE hiring (yes I’m aware of the real acronym) and work to get jobs due to our qualifications, not our box-checking.

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Regarding KFC’s Cheesy Chicken Kristallnacht Promotion…In Germany!

Oopsie!

On the anniversary of Kristallnacht (“Reichspogromnacht” in Germany), the Nazi-organized attack on synagogues and Jewish-owned businesses in 1938 that marked the beginning of the Holocaust, the German app users of the international restaurant chain KFC received the message above, which translates to “It’s memorial day for Kristallnacht! Treat yourself with more tender cheese on your crispy chicken. Now at KFCheese!”

In the next message, KFC apologized for the “system error.” It was not the system’s fault, however, but the fault of the humans who put the task of sending out automated promotional messages entirely in the metaphorical hands of a machine, without human oversight. No human being, especially in Germany, would come up with the idea of celebrating a tragedy on the scale of Kristallnacht with a “cheesy chicken” promotion. What happened was that the system was programed to send out a promotion coordinated with every holiday and memorial on the calendar, and nobody bothered to make sure that such promotions would be appropriate for all of them.

Quick! Somebody check with KFC Japan to see if a fried chicken promotion is scheduled to commemorate the atom bomb falling on Hiroshima!

Fortunately, this episode of technology incompetence was only embarrassing and offensive. The next example of humans carelessly entrusting tasks and decisions to computers may not be so easy to fix. Technology is a monster if it is not tamed, trained, watched carefully and used with meticulous care. Not only that, the harm it can do if employed recklessly or cavalierly, or if supervised by those without the foresight and judgment to do so competently, is the stuff of science fiction horror movies. This is a cautionary tale, and attention must be paid.

If enough people pay attention and heed the lesson, KFC may have performed a great service in its incompetence.

That is a big if, however.

Today’s Untrustworthy and Unethical Social Media Platform: LinkedIn

From 2015 to 2019, LinkedIn randomly varied the proportion of weak and strong contacts suggested to users by its “People You May Know” algorithm, the company’s  system for recommending new connections to “link” to. Researchers at LinkedIn, M.I.T., Stanford and Harvard Business School then analyzed aggregate data from the tests in a study published this month in the “Science.”

In other words, users were used as virtual lab rats, subjected to changes in how the platform served their job-hunting and networking interests without their knowledge or consent. It would have been easy and ethical to alert users to this experiment and allow them to out out, but no. The New York Times, ethically inert as usual, writes, “Experts who study the societal impacts of computing said conducting long, large-scale experiments on people that could affect their job prospects, in ways that are invisible to them, raised questions about industry transparency and research oversight.”

Raised questions? What questions? Such secret experimenting is wrong, manipulative, arrogant, irresponsible and unethical. There is no uncertainty on that point. In a statement, LinkedIn now claims that it has “acted consistently with” the company’s user agreement, privacy policy and member settings. The privacy policy, while stating that LinkedIn uses members’ personal data for research purposes, does not reveal that the company will secretly play with  user’s contacts in ways that might result in career or life course changes. The company also, naturally, engaged in the now compulsory “It isn’t what it is” blather,  saying it used the latest, “non-invasive” social science techniques to answer important research questions “without any experimentation on members.”

Of course it was “experimentation on members.”

LinkedIn’s policy for outside researchers seeking to analyze company data states that those researchers will not be able to “experiment or perform tests on our members,” but no policy statement explicitly informs consumers that LinkedIn itself can experiment or perform tests on its members. “During the tests, people who clicked on the ‘People You May Know’ tool and looked at recommendations were assigned to different algorithmic paths,” the New York Times explains. ” Some of those ‘treatment variants,’ as the study called them, caused LinkedIn users to form more connections to people with whom they had only weak social ties. Other tweaks caused people to form fewer connections with weak ties.”

Then the Times adds, disingenuously, “Whether most LinkedIn members understand that they could be subject to experiments that may affect their job opportunities is unknown.” No, it’s just impossible to prove they didn’t know. LinkedIn knew damn well they didn’t know. I didn’t know, for example, not that I rely upon or trust LinkedIn in any way.

None of the social media platforms are trustworthy, and anyone who participates in them should just assume that they will abuse their power while deceiving users whenever they see profit in it. These are unethical Big Tech entities run by unethical, dishonest people. Interact with them accordingly, if you have to interact with them at all.

Trusting Science: Oh Yeah, THIS Plan Sounds Promising…

Remember “Snowpiercer”? It was a nearly unwatchably grim movie about a climate change solution that goes horribly wrong, reducing the Earth to a frozen, deadly wasteland populated only by the passengers of a single train doomed to circle the globe forever. It became a cable series on TNT for three years because anything can become a cable series for three years now.

Well, now in an example of real life threatening to imitate bad fiction, Wake Smith, who teaches “a world-leading undergraduate course on climate intervention” and is a Senior Fellow at the Mossavar-Rahmani Center for Business and Government at Harvard Kennedy School specializing in “solar geoengineering” has written a paper, published this week, that lays out his plan to have jets flying at high altitude  inject microscopic sulfur dioxide particles into the atmosphere above the North and South Poles. This, see, will reflect sunlight back into space and slightly shade the surface below, retarding the warming of the poles that threaten to extinguish all life, or so the current government of the United States seems to believe. The scheme would be extremely expensive, require international cooperation, and even at best would only “buy some time” until a better and more lasting solution could be developed.

Or it might doom the world to a frozen apocalypse. As the old saying goes, “Ya pays yer money and ya takes yer choice.” Continue reading

Baseball Ethics: MLB Changes The Rules Because Its Players Can’t Compete Under The Old Ones

I feel like I can’t let baseball off the hook while I’m being hard on the NFL today.

Of course, football’s ethical problem (well, one of the many) is that it allows too many players on the field who are killers, rapists and thugs, while baseball’s ethical problem is that it habitually changes the rules of the game rather than make the players accept the consequences of their own flaws.

You know, like Democrats…

Beginning in 2023, Major League Baseball will enforce a set of restrictions it claims “will return the game to a more traditional aesthetic” by outlawing extreme defensive shifts. The goal is to encourage batters to put more balls in play rather than swing for the fences, a trend that has led to record numbers of strikeouts. The theory is that once they feel they have a better chance of getting a hit without knocking the ball out of the park, batter will try to make contact and thus hit more ground balls and line-drives,  giving players in the field more opportunities to showcase their athleticism. The changes are: Continue reading