bias

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

/ Jack Marshall / 38 Comments

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading →

E-Mail Revelations: Prof. Ellen Lewin’s Unprofesssional Intolerance

/ Jack Marshall / 22 Comments

Ellen Lewin, a University of Iowa Professor of Anthropology and Gender, Women’s & Sexuality Studies in the Department of Gender, was so enraged by an e-mail invitation sent to the entire campus by the student Republican group that she fired off an e-mail in reply that said, succinctly,

“FUCK YOU, REPUBLICANS!”

The young Republicans circulated the e-mail, and now many people  and groups are calling for her dismissal. The incident has raised more ethical questions than mere civility. Continue reading →

Are Conviction Bonuses For Prosecutors Ethical?

/ Jack Marshall / 10 Comments

Next, how about a bonus for confessions?

Sometimes a story starts the ethics alarms ringing so loudly that it is hard to think about anything else. It is rare, however, to have this occur when it is not entirely clear what is so unethical. An unusual bonus arrangement in Colorado is in this category.

Carol Chambers, the District Attorney for Colorado’s Eighteenth Judicial District, offers financial incentives for felony prosecutors who meet her office’s goals for convictions.  Plea bargains and mistrials don’t count in the incentive program; they have to be trial convictions.  The bonuses average $1,100, and Chambers says she gives them out to encourage prosecutors to bring her district’s rates in line with other jurisdictions in the state. No other Colorado DA gives out bonuses, or bases evaluations on conviction rates. Continue reading →

Judge Walker Was Wrong

/ Jack Marshall / 27 Comments

Now that we know about Bert, should Judge Ernie have recused himself?

Judge Vaughn Walker, the Federal District judge who a year ago ruled California’s Proposition 8, which banned same-sex marriages, unconstitutional, was wrong. No, not about the law, which is pretty clearly unconstitutional: his opinion was fair and well-reasoned, and is likely to be upheld on appeal. Walker was ethically wrong in his handling of the delicate issue of his own sexuality, which had raised a controversy about his objectivity and ability to be impartial.

Two weeks ago, following his retirement from the bench, Walker publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. This changes the analysis regarding the propriety of his ruling on Perry v. Schwarzenegger. Walker had long been rumored to be gay; supposedly “everybody” knew he was gay. My position, as well as that of many others considering the arguments of anti-gay marriage opponents that he should recuse himself, was that sexual orientation could not and should not create a presumption of bias, any more than gender, age, race or marital status. Continue reading →

NBC Tries a Hit on Trump, and Exposes Its Own Incompetence

/ Jack Marshall / 11 Comments

“Trump Fumbles Abortion Question” trumpeted “The Daily Beast” under the label “Confused”. It caused my heart to leap: could The Donald have stuck his foot in his mouth with an obnoxious-presidential-campaign-flirtation-destroying gaffe so soon?  Callooh! Callay!

I rushed to the link, which was on the NBC News site, only to have my hopes dashed. Trump hadn’t made a gaffe at all. Some biased, ignorant NBC reporter, who has decided that it is her life’s assignment to show the American public just who is and who isn’t qualified to run for President of the United States, tried a deceitful and unfair trick question on Trump, who promptly identified it as such. Then, completely mistaken about her assumption that his answer was disqualifying at all, she smugly sat back while her colleagues in the media attempt to present the exchange as a “gotcha.” In  other words, Trump is going to get the Sarah Palin treatment, and this was the first, jaw-droppingly stupid attempt at it. Phooey! It’s bad enough that I keep having to stand up for Palin; now I have to stand up for—ughhh!–-Donald Trump!

Here is part of NBC’s Vaughn Ververs’ account of the exchange between NBC’s Savannah Guthrie and Trump: Continue reading →

Global Warming Advocates Flunk Ethics, and Credibility…Again

/ Jack Marshall / 27 Comments

Never mind!

The evidence for global warming is pretty overwhelming, though still possessing some holes, and the likelihood is that much of the change is man-made. That’s about as far as the scientific evidence goes, however, without getting into serious controversy. The dire climate chance projections continue to be questionable at best, which poses problems for environmentalists who want to use climate change as a wedge to shut down industry, and alarmists who are frightened out of their wits by science they really don’t understand. Rather than demonstrate that the science is unbiased and credible by acknowledging the uncertainty, the global warming community, including elected officials with agendas, radical anti-industrialists, various research, political and advocacy groups and a depressing number of scientists who know better—and Al Gore…can’t forget Al!—have resorted to outrageous scare tactics and apocalyptic “projections.” Continue reading →

Why We Cannot Trust The News Media, Reason #116: ABC’s Deceptive Video Editing

/ Jack Marshall / 8 Comments

The ABC News version: "I'm going to make him an offer!"

In a fiery speech in budget wars epicenter Madison, Wisconsin yesterday, whatever-she-is Sarah Palin told cheering Tea Party followers,

“If you stand by your platform, if you stand by your pledges, we will stand with you, we will fight with you, GOP, we will have your back. What we need is for you to stand up, GOP, and fight. GOP leaders need to learn how to fight like a girl!”

“Fight like a girl” —that is, like Palin—immediately spread over the internet, one more example of Palin’s uncanny bumper-sticker catch phrase talent. Now here is how ABC’s “This Week with Christiane Amanpour” played the video today:

“What we need is for you to stand up, GOP, and fight. GOP leaders need to learn how to fight—!” Continue reading →

Ethics Quiz: Farrakhan, Snooki, Senator Portman, and University Speaker Ethics

/ Jack Marshall / 24 Comments

Pick your poison!

Your Ethic Quiz question for the weekend: Which of these is the most unethical choice to speak at a University?

Your choices:

A. Nicole “Snooki” Polizzi, the over-the-top trashy break-out star of the bottom-of-the barrel cable reality show “Jersey Shore,” hired for $32,000 by Rutgers University to address students. Continue reading →

Would It Be Ethical To Prohibit Civicly Ignorant Citizens From Voting?

/ Jack Marshall / 12 Comments

CNN columnist L.Z. Granderson made the argument in a recent website post that it would be reasonable to deny the right to vote to ignorant Americans who cannot name the three branches of government and who have nary a clue about the issues facing the country .

Granderson could have saved some time by simply writing the undoubted truth that American policies, progress and choices of leaders and are greatly handicapped by the fact that lazy, uninformed, blissfully ignorant boobs warp our democratic process….and have almost from the beginning. But so what? What can be done about it? There is one thing for certain: taking away the right to vote based on someone’s subjective formula for measuring “ignorance” isn’t among the realistic—or ethical—solutions. Continue reading →

Comment of the Day: “Finis: The New Black Panthers Voter Intimidation Affair”

/ Jack Marshall / Leave a comment

Michael, who also just made a “Comment of the Day”-worthy point regarding the recent post about schools banning homemade lunches for students (you can read it here), makes an important point about reports that dismiss allegations of government misconduct as “unsupported.” There is an obvious parallel with the public’s misinterpretation of verdicts finding the likes of O.J. Simpson (who did kill his wife and Ron Goldman) and Barry Bonds (who did lie to a Federal Grand Jury) “innocent” because the government prosecutors did not meet their burden of proof “beyond a reasonable doubt.” Here is Michael’s Comment of the Day on the post, Finis: The New Black Panthers Voter Intimidation Affair: Continue reading →