Finally There’s Name For The Conduct I’ve Been Calling Unethical For Years…Now Let’s Agree To Stop It

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That name is “partyism.”

From Harvard Professor Cass Sunstein:

“…party prejudice in the U.S. has jumped, infecting not only politics but also decisions about dating, marriage and hiring. By some measures, “partyism” now exceeds racial prejudice — which helps explain the intensity of some midterm election campaigns. In 1960, 5 percent of Republicans and 4 percent of Democrats said that they would feel “displeased” if their son or daughter married outside their political party. By 2010, those numbers had reached 49 percent and 33 percent. Republicans have been found to like Democrats less than they like people on welfare or gays and lesbians. Democrats dislike Republicans more than they dislike big business.”

Based on what I’ve seen, the fact that Republicans/conservatives  are nearly twice as likely to be “partyists”  as their hated enemies to the left on the political spectrum doesn’t surprise me. Most of the manifestations of the bigotry I’ve seen out in the open and written about here—restaurants that give discounts to praying customers and bars that claim that they will only serve “red voters”—have come from that sector, but 33 percent isn’t anything for liberals to be proud of, either. Over all, the trend is horrible for the country. As I wrote regarding “Mary’s,” the restaurant that favored its religious customers…

“I detest this kind of thing, and so should you, because it is ethically indefensible and un-American to the core….splitting the world into them and us, good guys and bad guys, the virtuous and the reviled. All of “Mary’s” customers are human beings, and that is the only thing that should matter in the United States of America.”

I confess that since I have been observing this phenomenon, I am preconditioned to think the Stanford research that purported to measure it as has validity. Most social science research, especially involving politics, is so skewed by researcher bias and agendas that it is inherently dubious, and perhaps this example is too: I wouldn’t rely on the percentages. Also 1960 would have to be the absolute low water mark in U.S. political passions, after the remarkably non-partisan, unifying two terms of Dwight Eisenhower while the public felt united against a common enemy in the Cold War. I’m guessing the numbers in, say, 1860 would show a sharper divide.

I do think that the intensity of emotion, rising to bigotry, distrust and hate, in the nation’s political polarization is growing, is very alarming, and dangerous to our health and future. I’d like to know more about where it resides. Is the bulk of the bigotry coming from the low-information voter, who uncritically absorbs every campaign smear, bumper sticker insult and Facebook meme as fact—you know, morons? Or are the individuals who would rather die than see their daughters marry men who oppose the family’s favorite party the narrow-minded political junkies who watch only Fox News and listen to Rush, or who cheer Al, Chris, Rachel and the 24-7 conservative-bashers on MSNBC? I’d like to know.

Naturally theories will abound regarding the reasons for this new bigotry. In a general sense, it is pure cognitive dissonance, and can be explained by people today caring more about politics and ideology than they have for quite a while. People care about something when they sense that it matters to their lives, health and welfare, as well as those around them: if political views were regarded as no more important than what baseball team one rooted for, there is no way substantive bigotry would attach to them. With foreign threats looming, the economy weak, nobody certain of the right policies in so many crucial areas and the pettiness, corruption and ineptitude of parties in and out of power, trust has plummeted. When we can’t trust those whom we have given the job of looking out for our welfare, we become worried and scared, as well we should. Then it makes sense to care more about politics. If we care more, and feel strongly about what should be done either out of a lack of sophistication and gullibility (the morons) or from unbalanced self-education (the zealots), then those who proclaim opposing views seem more obnoxious and more threatening, prompting active discrimination. The Stanford study found that “discrimination against the out-group is based more on out-group animus than in-group favoritism.” That figures. But for a nation, it is suicidal.

This nation of ideals gleaned from a diverse population must value trust and belief in what all citizens share more than it embraces passion and anger over what we disagree over. If we cherish the basic principles of democracy, then we must accept, encourage and respect dissent, frank speech, the shocking opinion and the minority view.  We must always keep our minds open to new ideas, different solutions to old problems, and the possibility that we, or the public officials, scholars and pundits we favor, may be wrong on any one topic or issue. If we can’t do that, we doom ourselves and our culture to self-righteousness, doctrine, cant  and rigidity, which block out enlightenment like an eclipse blocks sunlight. Continue reading

Dear Political Blogs: Be As Partisan As You Like, But Don’t Make Your Readers Stupid

It's a coincidence that Monsanto had the better legal argument each time, yes. Is that what you mean?

It’s a coincidence that Monsanto had the better legal argument each time, yes. Is that what you mean?

It pains me greatly when a Facebook friend (and real friend too) posts something from a right-wing or left-wing website that is ignorant and misleading, as if she has something enlightening to share. Then I am forced to point out that 1) the post was written by someone pretending to have knowledge he did not; 2) those agreeing with him and assuming he had a valid point are hanging out with like-minded partisans who reinforce each others’ happy misconceptions, and 3) that the lawyers who cheer on conclusions that can only be explained by the fact that the concluder can’t spell law, much less under stand it. This typically loses two to ten names off my Facebook friends list. Well, too bad. They should be ashamed of themselves.

The case I have in mind: a site called “Forward Progressive: Forward Thinking for Progressive Action”—hmmm, I think it is a progressive site!—attacked Clarence Thomas for his participation in the recent SCOTUS decision in Bowman v. Monsanto. The Court ruled for Monsanto in a patent case against farmers in a matter involving the reproduction of products whose patents have expired. To Dyssa Fuchs, the writer for Forward Progressive in this case, Thomas had a clear conflict of interest and should have recused himself.

She cites the judicial code, she cites the U.S. statutes, she–of course—cites her belief that Monsanto is evil, and of course, like all good progressives, she hates Thomas, who has the effrontery to be both a hard-core conservative and black. The fact is, however, that she has no idea what she is talking about. Thomas had no conflict of interest in this case, nor does he have an “appearance of impropriety” problem because someone determined to prove that he is corrupt doesn’t understand what improprieties or judicial conflicts are, or for that matter, what lawyers do. Continue reading

Slate’s Amanda Hess’s Very, Very Embarrassing Essay About Why It’s “Very, Very Stupid To Compare Hope Solo To Ray Rice”

Fa11 _WT_Hope AL Portrait_RGB.JPG

A Forbes  columnist wrote a clumsy essay that managed to make it sound like all incidents of campus sexual abuse were the fault of co-eds who can’t hold their liquor. It was almost instantly taken down, and he was sacked in disgrace, for some opinions are just not fit for open debate in politically correct America, it seems. Self-censorship is the order of the day, or fear the wrath of the War on Women Warriors. You can read the piece here: in my view, there was enough that was thought-provoking in it to allow the dumb and offensive parts to be taken care of by astute commenters, critics and bloggers. But women are the new unassailable icons right now (oh my God, I nearly wrote “sacred cows”! My career just flashed before my eyes…). It will be fascinating to see how long this delicate and fanciful balance can be maintained in the culture without someone breaking out in uncontrollable giggles: women are equal in every way to men, but are too pristine and delicate to accept or endure criticism of any kind, and if you dare offend them, you are toast.

Around the same time Forbes was declaring Bill Frezza’s essay a blight on humanity, Slate’s Amanda Hess was posting a column of at least equivalent nonsense content, and I would argue, more embarrassing. It is a desperate plea for a distaff double standard regarding domestic violence, responding to articles like mine, pointing out that soccer star Hope Solo is garnering faint condemnation for the pending charges against her, while the same sports writers and social commentators ignoring her are attacking the  National Football League and its several abusers, alleged abusers, and charged abusers with gusto. Hess calls her opus “No, Women’s Soccer Does Not Have a Domestic Violence Problem, Or, why it is very, very stupid to compare Hope Solo to Ray Rice. If this didn’t guarantee a ticket to spend a lonely weekend with Frezza lamenting the end of their gigs, nothing will. Slate disgraced itself by publishing it, because it adds nothing to the public debate regarding domestic abuse except rationalizations, excuses, and of course, the exalted double standard that women can do no wrong, or at least no wrong anyone should get upset about.

Before I expose the utter dishonesty and incompetence of Hess’s essay, let me just state for the record why I and anyone else who is objective and paying attention compares Solo to Rice (and the other NFL players recently disciplined), or to be more precise, compares the obligation of U.S. Soccer to treat its accused abusers exactly like the NFL is doing now: Continue reading

In Massachusetts, The Unethical Kind Of Prosecutorial Discretion

The DA explains why he's glad the law was broken. Wait...WHAT?

The DA explains why he’s glad the law was broken. Wait…WHAT?

Prosecutorial discretion is a critical aspect of the prosecutorial function. There are many good reasons for a prosecutor  to charge an individual with a crime in a particular case, and among the factors a prosecutor may legitimately consider in making this decision are, according to the American Bar Association’s ethical guidelines:

  • whether there is evidence of the existence of criminal conduct;
  • the nature and seriousness of the problem or alleged offense, including the risk or degree of harm from ongoing criminal conduct;
  • a history of prior violations of the same or similar laws and whether those violations have previously been addressed through law enforcement or other means;
  • the motive, interest, bias or other improper factors that may influence those seeking to initiate or cause the initiation of a criminal investigation;
  • the need for, and expected impact of, criminal enforcement to punish blameworthy behavior; provide specific and/or general deterrence;
  • provide protection to the community; reinforce norms embodied in the criminal law; prevent unauthorized private action to enforce the law;
  • preserve the credibility of the criminal justice system; and other legitimate public interests.
  • whether the costs and benefits of the investigation and of particular investigative tools and techniques are justified in consideration of, among other things, the nature of the criminal activity as well as the impact of conducting the investigation on other enforcement priorities and resources
  • the collateral effects of the investigation on witnesses, subjects, targets and non-culpable third parties, including financial damage and harm to reputation
  • the probability of obtaining sufficient evidence for a successful prosecution of the matter in question, including, if there is a trial, the probability of obtaining a conviction and having the conviction upheld upon appellate review; and
  • whether society’s interest in the matter might be better or equally vindicated by available civil, regulatory, administrative, or private remedies.

None of these suggest that the prosecutor’s personal sympathy with the motives of the lawbreaker is a sufficient or ethical reason not to charge when a serious crime has been committed. That, however, appears to be how Bristol County (Massachusetts) District Attorney Sam Sutter sees his role: arbiter and enabler of righteous criminal activity. Continue reading

Ray Rice Ethics Train Wreck Update: Now The NFL Is Validating Gender Bigots

Men vs Women: Come on--who would YOU trust?

Men vs Women: Come on–who would YOU trust?

When Roger Goodell and the NFL do  something right in the metastasizing Ray Rice-Adrian Peterson-Who Else Will It Be Tomorrow?-We Don’t Care About Domestic Violence Or Child-Beating But Our Sponsors Think We Should So We’ll Pretend To fiasco, do let me know.

Among the more sinister botches was the league’s cynical PR move of appointing four women to explain to him and the other suits that it’s really bad for a sport that sells role models and heroes to have those key products smacking around small children and women. Anna Isaacson, the NFL’s vice president of community affairs and philanthropy, was given an expanded role as vice president of social responsibility. Lisa Friel, the former head of the Sex Crimes Prosecution Unit in the New York County District Attorney’s Office; NO MORE co-founder Jane Randel; and Rita Smith, the former executive director of the National Coalition Against Domestic Violence, were also hired to address the problem, which, as everybody should know, only that kinder, more generous, more nurturing, rational and generally more civilized gender even recognizes as a problem.

This is female superiority fantasy, of course, but the media and, naturally, women themselves are grabbing it and running for the goal line. On this morning’s Sunday talking head blab-fests, I must have heard six or seven pundits, most of them women but not all, take a breather from their non-stop condemnation of NFL Commissioner Roger Goodell to express relief that women were finally on the scene to straighten things out for their poor, idiot brothers.

There is no indication, anywhere, that men are less capable of comprehending what is wrong with domestic violence, more rational in dealing with it than women, or more competent to analyze the issue: Continue reading

Double Standard Files (Ray Rice Ethics Train Wreck Folder): Why Is Hope Solo Still On The Soccer Field?

Solo abuse

I am certainly in agreement with the cultural standard that the NFL is being forced, kicking and screaming, to define, that standard being that the professional sports organizations should not give the American public the opportunity to cheer physical abusers of domestic partners and children. ( The latest in the purge here.) Professional athletes are paid heroes, and we must choose our heroes well: they can inspire, but they also corrupt. It is not too much to ask athletes being paid millions, who have their faces and names emblazoned on merchandise, their forms plastered on children’s walls and their fame and popularity used to sell shoes and breakfast cereal, to model decent behavior. In fact, it is essential. The NFL’s corporate sponsors understand this even if the violence-addicted fools who run the league itself do not. (See: Cognitive Dissonance).

Will other respectable professional sports—the NBA, Major League Baseball, the NHL, the PGA—have to follow football’s reluctant lead? I don’t see how they can avoid it. It will be interesting to see how the lesser sports, like professional bowling, and grittier, the macho sports like ultimate fighting and NASCAR handle this. It may well be that the definition of a respectable sport in this country will include whether it continues to promote stars who punch their family members and lovers in their faces and beat their illegitimate children with tree branches. To which I say, good. It’s a start.

That leaves the perplexing mystery, however, of Hope Solo.

Surely you know Hope. She is the tall, beautiful, sexy, outspoken female U.S. soccer star, one of the top goalies in the sport, who has won two Olympic gold medals and is one of the best known celebrities in the supposedly burgeoning sport the rest of the world calls football. She was on “Dancing With The Stars;” she posed nude in “ESPN Magazine’s “body issue.” She’s making sports page headlines on the field regularly, just like Adrian Peterson and Ray Rice. Last Saturday, for example, the United States women’s soccer team beat Mexico 8-0  in Utah, with Solo passing goalie Briana Scurry for the U.S. shutout record. She is also an alleged abuser. Solo was arrested and has been charged with two counts of misdemeanor domestic violence in the assault of her sister and 17-year-old nephew,and is awaiting trial in November. Photos of the injuries to Solo’s sister and nephew were published in the news media (above–that’s Hope on the right). Continue reading

Dog Custody Ethics From The Vermont Supreme Court

It's a dog's life, whatever THAT means...

It’s a dog’s life, whatever THAT means…

Pet dogs are more than property and less than citizens. When they become surrogate children, as they often do, the legal battles over which member of splitting couples will have custody can become as furious and emotional as anything in “Kramer vs. Kramer.” Now the Vermont Supreme Court has approved a a new approach to these cases, deciding one on the basis of “the best interests of the dog.” Here is the relevant portion of the decision, in the case of Hamet v. Baker: Continue reading

Americans Opine On Abortion: Thank You, USA Today, Now I Know Why We’re Doomed

Blindfolded-People

USA Today fashions itself as the newspaper of the average American, and it may well be true. Especially since its redesign, it contains less substance than a single section of the New York Times, pedestrian writing, and mostly bite-size features designed for an audience with an attention span that finds fortune cookies challenging. Every now and then, however, a bit like Family Feud, USA Today’s proud low brow style yields valuable insight. Yesterday’s feature on abortion was such an instance, as the paper gathered reader comments on its Facebook and Twitter locales for America’s opinion regarding Missouri’s new mandated three-day waiting period for women seeking an abortion.

Now that I have reviewed the responses, it all makes sense to me now, and I think I know where we are headed. Oh, there is no valuable insight regarding the measure or abortion among the comments. What is revealing is that among all the responses chosen by USA Today, not single reader could manage sufficient objectivity and critical thinking to produce  well-reasoned, fair, thoughtful insight regarding a public policy issue that demands measuring and balancing interests, values,  and outcomes, the essence of ethical decision-making. Not one.

Here they are, with my comments in bold: Continue reading

Ethics Quiz: SheTaxis

In Great Britain, SheTaxis also offers female drivers only , but apparently with a different market in mind....

In Great Britain, SheTaxis also offers female drivers only, but apparently with a different market in mind….

If a white customer doesn’t feel comfortable with a black taxi driver, that’s bias. If a Christian customer doesn’t want to give his business to a Muslim driver, that’s bigotry. If a white cabbie refuses to pick up a black man looking for a ride, that’s racism. And if a woman insists on only female cab drivers, who in turn will only pick up women, that’s…SHETAXIS!!!

From the New York Times:

A new livery service starting Sept. 16 in New York City, Westchester County and Long Island will offer female drivers exclusively, for female riders, according to its founder. It will take requests for rides through an app, and dispatch drivers sporting hot pink pashmina scarves.

“The service will be called SheTaxis — SheRides in New York City because of regulations barring it from using “taxi” in its name — and aims to serve women who may feel uncomfortable being driven by men, or who simply prefer the company of other women. The app will ask potential riders if there is a woman in their party. If not, they will be automatically redirected to other car services.”

Your Ethics Alarms Ethics Quiz for today is:

Is this ethical…

a) for customers?

b) for the service?

Continue reading

NUCLEAR KABOOM! CNN Assigns Jay Carney To Cover Obama’s Speech: Could It Be More Contemptuous Of Fairness And Objectivity?

head explodes

My head hadn’t exploded for a while, and I thought perhaps it had built up some immunity from the detonating effects of ethics breaches that defied all reason. Then I read this in Politico:

Former White House Press Secretary Jay Carney will join CNN as a political commentator, the network announced Wednesday.

He will start Wednesday night as President Barack Obama makes a primetime statement about the Islamic State of Iraq and the Levant , Sam Feist, CNN’s Washington bureau chief said in a statement.

“Jay’s unique experience as both a journalist and a White House press secretary make him an invaluable voice for the network as we cover the final two years of the Obama Administration and look ahead to the coming campaigns,” Feist said. “We’re fortunate to have Jay on our air tonight to provide analysis and insight surrounding the President’s address to the nation.”

KABOOM!

Get the squeegee and the ladder, hon—my brains are on the ceiling.

Continue reading