And Still More From The Unethical World Of Academic Enforced Wokism…

/ Jack Marshall / 9 Comments

Censored

1. The Georgetown Law Center scandal, the scandal being that the school has fired a professor as racist for saying out loud what the institution has known for decades (that admitting black students with significantly fewer markers of law school success that the rest of the student body means that a disproportionate number of affirmative action admittees end up on the low end of the grading curves–duh...) has been covered by none of the law profs I usually look to for their timely opinions on such matters. Even Prof. Turley, whose blog has been relentless in defending free speech on campus, has been silent. Ann Althouse, so far at least, has preferred to write about such throbbingly important topics as Eddie Izzard’s preferred pronouns. TaxProf Blog, by Pepperdine Law School Dean Paul Caron, and Prof. Jacobson’s Legal Insurrection have also, so far at least, not weighed in on the firing of adjunct Sandra Sellers and the suspension of adjunct David Batson.

What’s going on here? Please, please tell me they are not afraid of this topic. I am especially surprised at Althouse, who is retired, and has little to fear professionally.

2. At the University of South Alabama, three professors were suspended after a six-year-old photos “resurfaced” showing them in “racially insensitive” Halloween costumes. Then-Mitchell College of Business dean Bob Wood was dressed as a Confederate general, professors Alex Sharland and Teresa Weldy were seen posing with a noose and a whip…

Alabama Halloween

As they bounced around social media, the pictures prompted expressions of great harm. “That makes me feel like since other cultures are starting to come here, that they don’t want us here or we’re unwanted because they want it to stay a PWI or a predominately Caucasian institution,” said student Samantha Longmire.   “We have Black students on campus, how do you think that makes them feel? Do you care about your students,” said student Chante Moore.   

Seriously? Seriously? A Halloween costume as a Confederate soldier is a threat, but a vampire costume is fine? These rules don’t make any sense at all, and those rules weren’t even outlined vaguely in 2014. Shaland is dressed like an English judge—how does that have racial implications? He’s a hanging judge, presumably. What does the whip mean? I have no idea—it looks like a cat-o-ninetails to me. They used that on ships, not plantations. There’s one in “H.M.S. Pinafore”! Weldy doesn’t even seem to be in costume. Wood and Sharland, both tenured, apologized. They are cowards, and are enabling the erosion of our rights while supporting the rising totalitarian effort to control thought and expression. Weldy, who is not tenured, has refused to apologize.

Good for her.

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Ethics Verdicts: The Georgetown Law Professor’s Comments Were Careless But Not “Reprehensible,” And The Law Center Dean’s Statement Implying Her Comments Showed “Systemic Racism” Is Reprehensible…And False

/ Jack Marshall / 23 Comments

This, I would remind you, is why the emphasis of the first Ethics Alarms post on this mess involving my former employer and alma mater was that GULC adjunct professor Sandra Sellers was culpable for the inevitable results of her unintentionally public candor for incompetently broadcasting her private observations over an online conferencing platform. I predicted that she was a goner once the school’s black student organization saw a grandstanding opportunity (and if it wrecks a lawyer’s reputation and career–so what? After all, she’s just another racist white bitch…), and I was right, in part because I know what the Law Center has become in recent years.

I also predicted a groveling apology from Sellers rather than the ringing defense of her observations that might have been helpful in both clarifying her comments and exposing the Law Center’s spectacular embrace of Rationalization #64, “It Isn’t What It is.” Poor, weak, technologically inept–but not wrong!–Sellers sent the Washington Post a copy of her grovel, which could have been drafted by a computer. She apologized for the “hurtful and misdirected remarks,” carefully chosen words indeed. Her remarks were “misdirected” because they were intended only for another professor, not the universe, and they were “hurtful” because they created a student relations crisis for Georgetown—which it has thoroughly botched. Sellers also said in the letter

“I would never do anything to intentionally hurt my students or Georgetown Law and wish I could take back my words. Regardless of my intent, I have done irreparable harm and I am truly sorry for this.”

Well, I give her some credit for declining to say that she didn’t mean what she said, or that what she said was untrue. Some. In essence she apologized for what I had written was the problem with her statement: it was careless to let it be witnessed by people who would—mostly deliberately— misinterpret it. Her carefully composed non-apology was clever, but it doesn’t help. The school’s statement, through GULC second-in-command Dean Trainor, was despicable—unfair and cowardly. It called the episode indicative of “structural issues of racism” (Translation: Sellers is a racist) and “explicit and implicit bias.”

Yes, a dean of a major law school declared on behalf of that law school that accurate observations involving student education are racist, presumably because they don’t advance a convenient but false progressive narrative. He also suspended the law professor Sellers was talking to because he didn’t meet his “bystander responsibility” and confront her over her non-racist statement as if it were racist.

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Some Enchanted Evening Ethics, 3/11/2021

/ Jack Marshall / 9 Comments

The New York Times this week referred to the “killing” of George Floyd, which presupposes what the trial of Derek Chauvin is taking place to determine. This is disgraceful journalism. The more I consider the trial, the clearer it seems that this is an unethical show trial, devised to keep the mob at bay, punish a white cop by putting him through an ordeal, and putting off the inevitable mindless riots as long as possible. Potential jurors are already saying that they are frightened. A mob shouting for “justice” was outside the courthouse yesterday during jury selection. Chauvin can’t get a fair trial; not in Minneapolis, not anywhere. The news media and the riots made certain of that.

1. Self-portrait of a self-promoting weenie. Stacy Dash, whose major acting achievement was “Clueless’ 25 years ago, became a darling of the Right and Fox News as a black, female conservative and Trump supporter bucking the Hollywood lockstep. Celebrities, especially B-listers, are always suspect when they take a position that garners publicity. Stacy thought she had a profitable niche. Now that it’s clear that niche has dried up, Stacy has decided it’s time to launch Stacy 2.0. Read this, if you can, without rolling your eyes so hard they come out your ears…

“I’ve lived my life being angry, which is what I was on Fox News. I was the angry, conservative black woman. And at that time in my life it was who I was. I realized in 2016 that anger is unsustainable and it will destroy you. I made a lot of mistakes because of that anger There are things that I am sorry for.Things that I did say, that I should not have said them the way I said them. They were very arrogant and prideful and angry. And that’s who Stacey was, but that’s not who Stacey is now. Stacey’s someone who has compassion, empathy…God has forgiven me, how dare I not forgive someone else. I don’t want to be judged, so how dare I judge anyone else. So if anyone has ever felt that way about me, like I’ve judged, that I apologize for because that’s not who I am…I’m not a victim of anyone. Working for Fox at the time, that was my job. I did my job from the place I was at. Stacey now would never work at Fox, would never work for a news network or be a news contributor.”

As for her vocal support of President Trump, Dash said, as a cock could be heard crowing three times, “He is not the president. We have a new president. Being a supporter of Trump has put me in some kind of box that I don’t belong in. But he’s not the president. I’m going to give the president that we have right now a chance.”

Good luck with the reboot, Stacy. But you’re pathetic and desperate, and have the integrity and loyalty of Tessio in “The Godfather.”

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Update: “Introducing The ‘Technologically Inept Adjunct Professor With Politically Incorrect Opinions Principle’”

/ Jack Marshall / 9 Comments

The adjunct professor discussed in the previous post has indeed been fired, and the white, male professor who nodded once on the Zoom recording has been placed on leave. From the Georgetown Law Center (my alma mater and former employer) administration:

GULC profs

Observations:

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Introducing The “Technologically Inept Adjunct Professor With Politically Incorrect Opinions Principle”

/ Jack Marshall / 22 Comments

Adjunct

This Georgetown Law Center adjunct professor is going to be fired, shunned, cancelled and otherwise ruined professionally and personally, and she has no excuses whatsoever.

The Ethics Alarms “Naked Teacher Principle” holds that ” a secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.” This does not mean that such a teacher necessarily should be dismissed, but that the teacher has no basis for claiming to be a victim. The conduct was foolish and irresponsible, and the repercussions predictable.

The newly minted “Technologically Inept Adjunct Professor With Politically Incorrect Opinions Principle” is based on similar calculations. As certain anti-woke statements and positions are getting people fired or canceled daily, with any diversion from the current racial spoils and “diversity” narrative being tarred as “racist,” for a professor at a law school, especially one as tainted by Leftist bias as Georgetown, to express such views over any form of electronic communications is almost grounds for involuntary commitment. Careless and reckless people shouldn’t teach law students. It doesn’t matter whether the statement involved expressed a valid and defensible observation: if it involves a tenet of woke cant and isn’t supportive, then the statement is an invitation to be cancelled. First Amendment? Doesn’t matter. Academic freedom? Irrelevant. Fairness? The Golden Rule? “There but for the grace of God…”? Risible.The third rail is known and recognizable, and you deliberately jumped on it assuming it wasn’t live?

Don’t come whining to me.

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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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The Teacher, The Toilet, And Signature Significance

/ Jack Marshall / 17 Comments

In Little Rock, Arkansas, Ashley Murry’s 5-year-old son told her that after a toilet clogged following his use of it, his teacher ordered him stick his hand in the toilet and remove his feces and the dirty tissue. Murry’s son is a kindergartener at Crystal Hill Elementary School. The mother reacted to his report by filing a complaint with the school, pulling him out of the class, and posting the story on social media.

The Pulaski County Special School District began “an investigation” while the teacher was put on administrative leave. The teacher attempted to patch things up by calling Murry and saying that she knew she was wrong. She also explained to the principal that she was only trying to teach the child not to use too much toilet paper so that the school toilets wouldn’t get stopped up.

See? Her intentions were good! Nonetheless, the child’s mother says the teacher needs to be fired, because “you don’t treat kids like this.”

Observations:

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Straining To Smear Merrick Garland, The National Review And Conservative Lawyer Ed Whelan Beclown Themselves…

/ Jack Marshall / 11 Comments
fantasticks-archive-b0a32b1dd6

TUESDAY, MARCH 16, 2010 – The Repertory Theatre of St. Louis’ production of “The Fantasticks”. ©Photo by Jerry Naunheim Jr.

…because they don’t know what the hell they are talking about.

I, on the other hand, do.

Whelan, who is usually much better than this, writes in “Yes, Merrick Garland Found ‘Hilarious’ a Song About ‘Rapes for Sale’,

Attorney General nominee Merrick Garland, as a college student, wrote a review of the musical The Fantasticks in which he labeled “hilarious” a song that (in his words) “provides a shopping list of rapes for sale (e.g. ‘the military rape—it’s done with drums and a great brass band.’).” But the Breitbart account turns out to be accurate. (Here is Garland’s article from the Harvard Crimson’s archives.) I have no interest in defending Garland’s observation from his college days nearly fifty years ago,* but I will try to put it in some context. What a theatrical performance can make amusing is often difficult to fathom in the abstract, as Mel Brooks’s “The Producers,” involving a musical comedy about Hitler, demonstrates. I will note that “The Fantasticks” (according to this Wikipedia entry) ran, on and off Broadway, for 42 years (from 1960 to 2002), “making it the world’s longest-running musical.” So it would seem that many folks shared Garland’s enjoyment of the song. Not surprisingly, controversy arose at some point over the “rape” lyrics, leading lyricist Tom Jones to revise them—to eliminate the word “rape.”

It is hard for me to tamp down my contempt for Whelan’s piece, but I’ll try.

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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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Ethics Dunce: The Florida Bar. Again.

/ Jack Marshall / 2 Comments

The reluctance of the legal profession to acknowledge that members of the public are as qualified to recognize metaphors, puffery and hyperbole in the marketing of the legal services as they are when they are buying cupcakes or hiring plumbers continues to astound. Many state bar associations still have, and enforce, ethics rules that make the kind of obvious analogies routine in TV, online and print advertising violations because they are deemed “misleading or deceptive.” Florida has long been one of the most notable laggards in applying common sense to lawyer advertising. In contrast, the District of Columbia, with the largest bar in the nation, has largely eliminated such rules. except in conduct constituting outright lies. Just a few days ago, I told a client that the other bars were slowly moving in D.C.’s direction. I did not expect Florida’s bar to again embarrass itself and its lawyers–AND MY DOG—again, after making itself the butt of jokes over a decade ago with virtually the same complaint it made against a lawyer’s ads more than a decade ago. I thought the Florida Bar had learned. I thought eleven years was more than enough time for it to accept the basic concept of advertising…and to learn about dogs.

Guess not.

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