Judge Ho Strikes Again! Is His Yale Law School Ban Unfair Discrimination Or Justly Utilitarian?

I could have easily made Judge James Ho of the Fifth Circuit Court of Appeals an Ethics Hero for the second time in 2022, and maybe I should. (The first time was in February, when he tossed his planned speech at Georgetown University Law Center to chastise the school for its treatment of Professor Illya Shapiro, who dared to utter an opinion that was insufficiently supportive of “diversity” as greater value to the Supreme Court than actual legal acumen. This time his principled stand has more metaphorical teeth, but we should at least consider its ethical validity.

In Judge Ho’s keynote address to the Kentucky Chapters Conference of the Federalist Society—you know, the fascists—- the judge deplored speakers being shouted down and censored at law schools across the country. Then, after singling out Yale Law School as being particularly hostile to non-compliant viewpoints and determined to engage in ideological indoctrination rather than legal education, he announced that he would no longer be hiring law clerks with Yale Law degrees, saying, “Starting today, I will no longer hire law clerks from Yale Law School. And I hope that other judges will join me as well. I certainly reserve the right to add other schools in the future. But my sincere hope is that I won’t have to.” Continue reading →

Easiest Question Of The Year: ‘When Will The NFL Put Player Safety First?’

Of course the answer is “never.”

That question was asked in a tweet Emmanuel Acho, a former NFL linebacker and now a game analyst on Fox Sports. He had just watched Miami Dolphins quarterback Tua Tagovailoa thrown to the field on his head so violently in a game last week that he lay contorted with his hands spasming in the manner associated with brain injuries. It was the second time within a week that Tagovailoa had apparently suffered a concussion: just five days earlier, in a game against the Buffalo Bills, he had to be helped to the sideline by trainers. Nonetheless, the Miami team doctor, supposedly following the NFL’s concussion protocols, okayed his returned to the field 30 minutes later. After the second game that saw the quarterback get hit on the head hard enough to require him to be helped off the field—this time via stretcher— Dolphins Coach Mike McDaniel told reporters that watching his quarterback look so hurt on the field was “an emotional moment,” but that he was relieved “that he didn’t have anything more serious than a concussion.”

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October Morning Ethics Bombs, 10/1/2022: “Tick…Tick…Tick…”

Which of the ethics developments below will explode into genuinely significant historical and cultural developments? You never know. On this date in 1910, A violent explosion destroyed the Los Angeles Times building, killing 21 and injuring many more. The paper’s publisher Harrison Otis was a fanatic opponent of organized labor, then just beginning to get really organized, and when two union leaders, the McNamara bothers, were arrested as the likely bombers, the paper went into a major push to convince the public that they, and all unions, were evil. Organized labor responded by hiring the nation’s most famous defense lawyer, Clarence Darrow, to defend the two, certain that they had been framed and that a conviction for murder would destroy the labor movement. Darrow, as he described in his autobiography, “The Story of My Life,” quickly discovered that a) the brothers were guilty (though they were not trying to kill anyone) and b) that there was no way they could plead not guilty—what the two union organizations that hired him assumed he would have them do—that wouldn’t result in their executions.

Darrow decided that the only way to handle his conflicting duties to both sets of clients, the unions that were paying his record-setting fee because they were certain that an innocent verdict in the trial was essential to the survival of the labor movement, and the brothers whose lives were on the line, was to get a hung jury….and the only way he could get that was by bribing a couple of jurors.

Darrow ended up being caught red-handed and tried for jury tampering, only escaping prison by being presented by a great defense lawyer—himself. In order to make everyone forget his disgrace, Darrow set out to henceforth only take on high-profile cases that would have him fighting for human rights: every case we associate with Darrow today came after the LA Times bombing trial, which he had intended to be his last before retirement. Amazingly, he did make everyone forget that fiasco, an ethics lesson in which he made fateful call that the ends justify the means. Today, so no lawyer is ever placed in Darrow’s position again, the ethics rules in all jurisdictions hold that a third party paying a lawyer to defend another is not a client no matter how important the result of the trial may be.

1. Nancy Pelosi, ethics villain. More irony: it is astounding that the Democratic Party can get away, even a little bit, with screaming to the heavens that Republicans are a “threat to democracy” when they have allowed an openly unethical,villainous woman like Pelosi to lead their national legislators for so long. Even when her failing mental acuity leads her to reveal her vile character, as it did yesterday, there seem to be no consequences. “We have a shortage of workers in our country and you see even in Florida, some of the farmers and the growers saying why are you shipping these immigrants up north, we need them to pick the crops down here,” Pelosi said, discussing the need for “comprehensive immigration reform” without saying what that would be. She also stuttered a while before deciding wich misleading word to use for “illegal immigrants,” because her party and its allies have so many deceitful ones: “Migrants”? “Undocumented workers?” “Tired, poor, huddled masses yearning to breathe free”? She settled on “immigrants.” Her message–it would be nice if the news media explained it to our lazy, have awake public—was that farmers should be encouraged to pay illegal immigrants paltry wages to avoid paying enough to attract American workers. What an awful, awful human being—and she’s a revered leader of the Democratic Party.

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Race Pandering Law Of The Year, And Of Course It’s In California…

…and also of course, master progressive panderer Gov. Gavin Newsom signed it into law.

Newsom signed a bill yesterday to limiting the use of hip-hop lyrics as evidence in the criminal trials of rappers, a blatant sop to the African-American fans of the artists, inevitably black, who have an alarming record for assaulting, battering, raping or killing people

The law, welcomed by rappers, their fans, record producers, record industry executives and Black Lives Matter, is the first in the country to ensure someone’s “creative expression” is not used to “introduce stereotypes or active bias” against a defendant or be used as evidence in a trial against them. Yes, that would be because Assembly Bill 2799 is an unnecessary law that would only surface in one of the very few states so thoroughly addled by extreme Leftist ethics rot that such a monstrosity would even be considered without causing crippling laughing fits. A similar bill in New York failed earlier this year—yes, New York is one of those states.

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Ethics Quote Of The Week: Ann Althouse

(I know this is like shooting fish in a barrel, but…)

“I wish the NYT would play it dead straight.’

—Blogging contrarian Ann Althouse, complaining about the Times story and its headline, “Ginni Thomas Denies Discussing Election Subversion Efforts With Her Husband.”

The retired law professor writes,

Election Subversion Efforts” is quite a phrase. You could discuss a lot of things and still deny that any of it was “subversion.”… If you believe the election was already subverted, then in pushing for more procedural paths, you’re trying to un-subvert it. If you think the announced results are invalid, you’re trying to get to the true results, not “invalidate the results.” It’s very hard to wade through these loaded terms. 

We have discussed this sinister media spin ever since the November 2020. Questioning the election results and taking related action when Republicans win is simply politics as usual and seeking integrity in the democratic system. Doing so when Democrats win is “election subversion.” The Times is, as it does most of the time now, using its influence to try to bolster Democratic party campaign themes and talking points.

It’s time like these when I miss self-banned New York Times apologist “A Friend,” who could be counted on to mount a contrived defense when his favorite paper was flagged for ethics fouls like this. Continue reading →

Ethics Quiz: The Crystal Flute

The strange episode has everything: history, a President, music, bad taste, fat-shaming, historical ignorance, and more.

Lizzo, the defiantly obese pop singer, rapper and all-around musical whiz who is also a classically trained flutist, was permitted to entertain her Washington, D.C. concert audience this week by playing a crystal flute that a French craftsman and clockmaker had made for President James Madison in 1813. She was handed the sparkling instrument from Carol Lynn Ward-Bamford, a curator at the Library of Congress, then, as described by the New York Times, “played a note, stuck out her tongue in amazement, and then played another note, trilling it as she twerked in front of thousands of cheering fans. She then carried the flute over her head, giving the crowd at Capital One Arena one last look, before handing it back to Ms. Ward-Bamford.”

“I just twerked and played James Madison’s crystal flute from the 1800s!” Lizzo told the crowd. “We just made history tonight.”

Your Ethics Alarms Ethics Quiz of the Day is...

Was that an appropriate and ethical use of the historical artifact?

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Storm Ethics

I have to ask: is scientifically absurd climate change hype from the media now in Julie Principle territory, meaning that it is so predictable that it isn’t even worth noting of complaining about? CNN village idiot Don Lemon has been injecting climate change propaganda into his coverage at every opportunity, as have (going even lower down the intellectual scale) the Ladies of the View and others. When I read that Ian had been downgraded to a tropical storm, I wondered, “Hmmm…does that now mean this storm isn’t the result of climate change, since we’ve been told that we are facing more and more destructive hurricanes (which so far have not materialized as predicted, mirabile dictu)?” Then Ian was upgraded to a hurricane on the way to South Carolina—so Ian again owes his existence to climate change? Someone ask Don or Whoopie, quick. Continue reading →

Dinner Bell Ethics Appetizers, 9/29/2022: Indigestion Edition

The post about Aaron Judge’s quest to be the American League’s record-holder for home runs in a season sparked some interesting baseball reflections in the comments, but I fell down on the job: yesterday marked the date in 1941 that Ted Williams became the last of the .400 hitters (whoever wins the AL batting championship this season will probably be under .320). And it’s a real ethics story! Told that his average, just under .400 but with enough past the decimal to be rounded up to the magic number in the record book, Ted was advised by his manager, Joe Cronin, to sit out the doubleheader that would close the season. Williams, in a famous demonstration of integrity (Ted was always an integrity stickler) insisted that he wouldn’t “back in” to a .400 average, and risked a place in history by playing in both games, though they were meaningless in the standings. With the same determination that allowed him to homer, as he had promised, in his final at bat in 1960, Ted got six hits in eight at-bats during the two games in Philadelphia, boosting his average to .406.

1. This is hard to digest: YouTube has demonetized a supercut video of Democrats claiming that Donald Trump’s 2016 victory was “stolen” or not “legitimate,” claiming that it “isn’t suitable for all advertisers” and “as a result, it will continue to run limited or no ads.” In fact, the video is not misleading in any way; it just shows the utter hypocrisy of the current Democratic Party’s condemnation of “election denial.” Here’s the video:

I remember all of this; its real significance is the degree to which Big Tech is determined to cover for the Left’s hypocrisy. Donald Trump’s entire four years in office were crippled by the effort by the “Axis of Unethical Conduct” to paint him as being elected by a diabolical alliance with Russia; it harmed the nation, our democracy, divided the country and directly seeded the current political chaos. These people should be ethically estopped from attacking Trump’s claims that the 2020 election was “rigged;” I can, but they can’t. Literally, they started it (and Trump has a better case than the Democrats ever did.)

YouTube election misinformation policies prohibit users from posting “misleading or deceptive content with serious risk of egregious harm” and “content interfering with democratic processes.” Videos that advance “false claims that widespread fraud, errors, or glitches occurred in certain past certified national elections” as well as “content that claims that the certified results of those elections were false.” That video doesn’t do any of these things. It just properly exposes Google/YouTube’s political allies, who deserve to be exposed.

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Don’t Worry! Joe May Be Fading, But There’s A Strong Mind And Hand In The Wings….[Corrected]

The current theory is that the mainstream news media is suddenly questioning Biden’s gray matter because the grand scheme is to get him out of the White House and Kamala Harris in using the 25th Amendment so she can burnish her credentials before the 2024 election.

As always, Kamala rose to the occasion! Here is the “historic” but completely inept Veep in South Korea yesterday…

At least the President has an excuse for being confused: he’s old, feeble, and battling dementia. Harris has no excuses, unless you count being lazy, careless, and incompetent.

Naturally, the networks didn’t think the gaffe was newsworthy, like they would have if, say, Ronald Reagan, Dan Quayle, or Donald Trump had made it. Do you think “Saturday Night Live,” or Colbert, or Trevor Noah will note this telling mishap? Nah.

[Notice of Correction: I chose…poorly. Noah was the only TV comic that did mock Kamala.]

Nonetheless, if Biden can’t hide his dwindling brain cells as President. Kamala will have no more luck hiding her lack of enough of them to begin with. If the Democrats really think having her front and center for a year or more will improve their chances of keeping power, they are even more deluded than I thought.

To be fair, being in the DMZ, Kamala had North Korea “on top of mind.”