Tag Archives: affirmative action

The Big Law Firm’s New Partners

In early December of last year, Paul, Weiss, one of the country’s largest and richest firms, announced its new partners: twelve young white lawyers, and one similarly hued woman.

Being that group identification is everything to certain well-placed people today, the announcement became an instant “public relations nightmare,” according to many media accounts. Sensitive to being sufficiently “woke,” many large companies had their  general counsels, sign an open letter  calling on law firms firms  “to reflect the diversity of the legal community” or they would send their business elsewhere.

What is the assumption underlying that letter? Is it that whites were chosen over better qualified minority lawyers as an act of bigotry and racism? Noooo, nobody’s suggesting that. Are the signatories to the letter really saying that less qualified lawyers of color should be advanced rather than these lawyers? It can’t be that, can it? I would say that a law firm that does not make every effort to have the very best lawyers available for the benefit of the clients is treading close to unethical behavior. A firm can’t prioritize diversity, whatever than means, over its own abilities to represent clients.

I nearly dropped Above the Law, but the reliably knee-jerk left and ethically obtuse online rag is great for these stories, and didn’t disappoint this time. Joe Patrice, the editor, wrote, Continue reading

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The Dumbest Casting Ethics Controversy Yet

Sometimes the line between confused ethics and plain old stupidity is razor thin. This controversy is one of those times.

Actor Bryan Cranston, best known for “Breaking Bad,”  is being criticized for playing a a quadriplegic billionaire in “The Upside,” his new film  released Friday, because he is not actually handicapped.

He’s also not a billionaire, but that doesn’t seem to be an issue for some reason.

Jay Ruderman of the Ruderman Family Foundation complained, “While we don’t know the auditioning history of ‘The Upside,” casting a non-disabled actor to play a character with a disability is highly problematic and deprives performers with disabilities the chance to work and gain exposure.”

No, Jay, it isn’t problematic, because the primary objective of the performing arts is not, and has never been, to provide “the chance to work and gain exposure.” This is the affirmative action mentality that as it gets stretched further and further from reality and common sense by the woke and the wokeness-addled, increasingly ensures that society eventually  rejects the whole tortured concept. The objective of the performing arts is to entertain, engage and enlighten the audience. That requires casting the best actors available, and in film, frequently the best know actors, in the judgment of the director and the producer. Bryan Cranston is one of the most skilled actors in the world. I am extremely confident that there isn’t a single quadriplegic actor that can equal him, if indeed there are any at all. Audrey Hepburn could also play a blind woman better than any of the few available blind actresses, when she starred in “Wait Until Dark.” Tom Hanks and cliff Roberrtson could play  mentally-challenged caharcters in “Forrest Gump” and “Charlie” better than any mentally-challenged actors.

I can’t believe we even have to have this conversation. Continue reading

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Morning Ethics Warm-Up, December 19, 2018: Facebook’s Lies, Hillary’s Letter, Harvard’s Defenders, And Kavanaugh’s Victory

Good Morning!

1. Open Forum today! As soon as this post is up, I’ll open a forum for readers here to raise their own suggestions for ethics topics and to offer their commentary without me getting in the way. The last one was a spectacular success, attracting over a hundred comments, generating many fascinating threads, and producing three Comments of the Day so far. Just keep the topics on ethics, don’t get distracted by tangents and bickering, and keep it civil.

The immediate motivation for today’s forum is that I have to prepare for and deliver an annual end of year ethics CLE seminar at the D.C. bar. If you’re in the vicinity and need the credits, or just want a lively ethics workout, come on by and say hello. Here are the details:

Date: December 19, 2018

Event start time :1:30 PMEvent end time:4:45 PM

Venue:D.C. Bar: 901 4th ST NW, Washington, DC 20001-2776

Credit: 3.0 Ethics Credit Hours, including 3 hours of professionalism for those states with such requirement.

Description: Widespread discord in our current culture places unusual stress on professional ethics, and unfortunately, the legal profession is not immune. The past year saw many legal professionals, including famous names in the law, make questionable decisions and breach legal ethics standards, providing both cautionary tales and fodder for analysis. This challenging and interactive class will explore important developments and looming perils that every lawyer should be ready to face.

Topics include:

• Direct adversity vs. “general adversity,” and whether it matters
• Sexual harassment as a legal ethics problem, and the profession’s vulnerability to “The King’s Pass”
• Defying a client for the client’s own good
• Fees, referrals and gaming the rules for fun and profit
• Professional responsibility vs. legal ethics
• The increasing threat to law firm independence and integrity
• The technology ethics earthquake

..and more!

Faculty: Jack Marshall, Pro Ethics Ltd.
Fee: $89 D.C. Bar Communities Members; $99 D.C. Bar Members; $109 Government Attorneys; $129 Others

2. Meanwhile, here are Facebook’s “standards”… As Ethics Alarms posts continue to be blocked on Facebook in various ways, including by “community standards” that for some reason reject the ethics of “Miracle on 34th Street,” the social media behemoth’s own standards are coming into focus: From CNBC: Continue reading

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Filed under Business & Commercial, Childhood and children, Ethics Train Wrecks, Gender and Sex, Government & Politics, Law & Law Enforcement, Race

Comment Of The Day: Mid-Day Ethics Warm-Up, 10/16/18: The Jerk Squad (Item #2)

Elizabeth Warren has been allowed to have her embarrassing experience with DNA testing slide back into the memory hole, and Massachusetts voters happily returned the Leftist demagogue to the Senate. Ignoring the character deficiencies of its Senators is a long tradition in my home state. For once, my sloth in not posting Comment of the Day in a timely fashion has paid dividends, for it allows me to raise the Warren fiasco of last month…yes, it was less than a month ago, incredibly—in all of its yummy ethics nastiness.

johnburger2013 authored this commentary, and here is his Comment of the Day on Item #2 in the post, Mid-Day Ethics Warm-Up, 10/16/18: The Jerk Squad, in which I opined in part,

If all goes well, Elizabeth Warren’s triumphant discovery that she is 99.9% white and therefore was justified in representing herself as a “person of color” for institutional diversity purposes will sink her career aspirations as deep as they deserve to be sunk. The fact that so much of the mainstream media is willing to have their credibility brought down with her is indicative of how stupid bias will make people. The Daily Beast, for example, writes in a headline, “Warren revealed results show Native American heritage Monday.”

Keep it up, guys. Pretty soon the jig will be up for identify politics, since  if 1/1,024th Native American means “Native American heritage,” then everyone is “of color” somehow. In that case, perhaps we’ll owe Warren a debt of gratitude….

Now here’s jb….

Warren had an easy out of this mangled story: She should/could have said that she believed her family’s telling of the events and, being originally from Oklahoma, it would be reasonable to believe that she had Native American heritage.* But, she elaborated on the story, to make it more compelling. She also told interviewers her father’s parents did not approve of his choice for a wife because her mother was Cherokee.**

Warren is a lawyer and, supposedly, is very bright. If you’ve watched or listened to CNN and MSNBC for the last four years or so, she is the very embodiment of moral authority over all things . . . erm . . . moral, guided by a passionate desire to help the poor and the middle class.

She knew, and reasonably should have know, that DNA is not determinative of Native American heritage. What matters is being included in the tribes’ relevant hereditary scrolls. In fact, she said that in an interview, so she was aware of the standard and she is aware that she is not so listed. Continue reading

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Filed under Character, Comment of the Day, Government & Politics, Race, Science & Technology

How Can Anyone Honestly Defend Harvard’s Discriminatory Admissions Practices? Especially Harvard?

The federal trial that began last week in  Students for Fair Admissions v. Harvard, featuring  America’s oldest college being accused of discriminating against Asian-American applicants should, if there is justice in the world, both finally kill the lingering bigotry of college affirmative action policies and expose the U.S.’s most prestigious educational institution, and the ideological philosophy that has captured it, as the hypocritical and fraudulent entity that it is.  Does Harvard discriminate on the basis of race? Why yes, it does. There is no valid argument that it does not. Evidence shows that the college ties itself into logical knots concocting ways to justify not admitting Asian-American applicant who would sail into freshman classes were not their race used to undermine their candidacy. The plaintiffs cite reports that Harvard itself conducted  in 2013. The reports, by Harvard’s Office of Institutional Research, found that being Asian-American was negatively associated with being admitted. Harvard claims that it must consider race in order to have a “diverse” student body, which is important, it says, to the quality of education one can obtain there. “Diversity,” however is and has always been a rationalization for discrimination. No matter how affirmative action is framed, the fact is that it is a zero-sum game: for each individual whose race benefits their quest for admission, there is another individual whose race is used as a justification to reject him or her. There is no way of getting around this inconvenient fact, yet Harvard and other elite institutions persist in denying it.  Continue reading

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Rationalization Pop Quiz: What Do Barry Bonds And Elizabeth Warren Have In Common?

I wonder how many strategy sessions it took for the supporters and enablers of Senator Elizabeth Warren (D-Mass) to come up with their latest defense of her ongoing lie that she is part Cherokee? We know it’s a lie now—a deliberate misrepresentation designed to deceive—because the Bay State crypto-socialist has refused the obvious resolution of taking a DNA ancestry test….again. You know she’s taken at least one, and maybe more. Being able to wave scientific proof that she had Native  American ancestors after all the “Fauxahontas” jibes would be a political bonanza for Warren, and solve her most daunting public relations problem outside of my home state, the Land of Michael Curley, where corruption, lies and letting young women drown don’t put a dent in your popularity or vote totals, for some reason. Sure, Warren took the test. She probably took another one just in case it was wrong….and she still doesn’t have the integrity or courage to admit her lie.

And that, now and forever, is why her Cherokee fantasy matters. It shows that Warren lies, and lacks integrity. It shows that she was willing to use a falsehood to gain traction in university employment competitions where gender, race and minority status often made all the difference….even if it meant that a real minority candidate failed because of her subterfuge.

Yet those strategy sessions yielded this defense on Warren’s behalf: according to an investigation by the Boston Globe, Warren’s fake Cherokee claim wasn’t a factor in her hiring by Harvard Law School:

The Globe examined hundreds of documents, many of them never before available, and reached out to all 52 of the law professors who are still living and were eligible to be in that Pound Hall room at Harvard Law School. Some are Warren’s allies. Others are not. Thirty-one agreed to talk to the Globe — including the law professor who was, at the time, in charge of recruiting minority faculty. Most said they were unaware of her claims to Native American heritage and all but one of the 31 said those claims were not discussed as part of her hire. One professor told the Globe he is unsure whether her heritage came up, but is certain that, if it did, it had no bearing on his vote on Warren’s appointment.

Perhaps the editors and journalists at the Globe never heard of moral luck, but I bet at least some of those law professors comprehend the concept. Whether or not Warren’s deliberate lie and misrepresentation of her ancestry actually was a factor in her hiring at Harvard was pure chance, and occurred after Warren had embraced a false identity. Once she did that, the consequences were out of her control. Her lie doesn’t become less unethical because it didn’t have any effect after the fact of it. A lot of people have trouble grasping this basic ethical concept, but it isn’t that hard. A person who drops a bowling ball from a bridge onto an express way is just as irresponsible and reckless if the ball misses every thing as he would be if the ball caused a ten car pile-up and the death of ten. He’s just as bad either way, and the rest is all luck. The same is true of Warren’s affirmative action-courting lie. Continue reading

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When The Anti-Liberty Mobs Attack, Courage And Character Are Paramount, Part II: “Slav”

Betty Bonifassi in “Slav”

Fortunately, not every artist has the jelly-spine of Scarlett Johansson when the political correctness, anti-liberty mobs attack.

In Montreal,the Montreal International Jazz Festival immediately did its best imitation of the artist bowing out of her planned role as a transgender male when it cancelled  the show “Slav,” by the acclaimed Quebec theater director Robert Lepage. The production called itself a a “theatrical odyssey” inspired by “traditional African-American slave and work songs,” but–oh-oh!–it also features a nearly all-white cast performing “black” music. Silly me, I never realized music was colored.  Lepage, is white, as is “Slav’s” star Betty Bonifassi.  Only two of the seven cast members are black.

The show was immediately attacked for its “cultural appropriation” and by black activists for “stealing” “their” songs.

The jazz festival , emulating most organizations that ironically tend to have even fewer spinal columns than individual people, canceled the show after only two performances, even though the production had sold more than 8,000 tickets for its scheduled for 16 performances. The craven festival organizers said it had been “shaken” by the criticism, and grovelled, saying.in a statement, “We would like to apologize to those who were hurt. It was not our intention at all.”

Yecchhh.

As I wrote in the Part I, as Johansson essentially killed a film project because she didn’t have the wit or the guts to stand up to unethical bullying by transgender activists, “What is desperately needed when groups misbehave this way and abuse their influence and power is for their target to say no. Unfortunately, doing so requires unusual levels of principal, character, responsibility, intelligence and courage.”

Scarlett obviously doesn’t have them. Roger Lepage, however, does, especially after several leading theater directors in Quebec rallied behind Lepage this week, pointing out that closing the production could have a chilling effect on artistic expression in Canada. At least four theaters are now proceeding with productions of “Slav,” and preparing to metaphorically spit in the protesters’ eyes. Continue reading

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