Law vs. Ethics #2: The Supreme Court Unanimously Says Colleges Can Use Tuition To Run A Professional Sports Business

In NCAA v. Alston, handed down yesterday, a unanimous Supreme Court ruled that the National Collegiate Athletic Association (NCAA) violated the rights of student athletes and the Sherman Antitrust Act by restraining colleges from compensating student athletes. Justice Gorsuch wrote the opinion, upholding the U.S. Court of Appeals for the 9th Circuit. Justice Brett Kavanaugh wrote a concurrence.

The decision was a slam dunk for the players. Gorsuch vivisected the NCAA argument that its compensation rules should not be subject to a “rule of reason” analysis because it is a joint venture to offer consumers the unique product of intercollegiate athletic competition. The NCAA has monopoly power in the market, Gorsuch explained, so it deserves no such deference. The NCAA’s argument that it should be exempt because it offers societally important non-commercial benefits is ridiculous on its face, and Gorsuch explained why.

Justice Kavanaugh’s concurring opinion went further:

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The Vanderbilt Female Kicker Ethics Mess

Fuller

I’m not even sure what to call the display of dishonesty and posturing that unfolded over the weekend at Vanderbilt. Disrespect for the game and intelligence of fans? Lack of integrity? Incompetence? Dishonesty? Shameless exploitation? Patronizing and insulting women? I’m not sure, but whatever it is, it was all unethical.

Let’s look at the components of this ethics mess (it’s not coherent enough or significant enough to qualify as an ethics train wreck):

1. Derek Miller, the coach of Vanderbilt’s football team, had all of his kickers turn up positive for the Wuhan virus, on game week, so allegedly in desperation, he made Vanderbilt women’s soccer goalie Sarah Fuller the first woman to play in a Power Five conference football game by handing her the job of kicker. She had never kicked a football in a game in her life.

Nobody, literally nobody, believes that there weren’t many members of the team, and maybe all of them, that would have been a better bet to rely upon than Fuller. The team was 0-7 before the game against Missouri—and 0-8 after it, by the humiliating score of 41-0—and the attempt to appeal to campus feminists and woke alumni seems like a desperation move by Coach Miller to save his job. Of course, that meant sacrificing the team’s interests for his own, which is unethical management. Whatever hismotive, it didn’t work: he was fired the next day. In his farewell statement, Miller referenced coaching and mentoring “hundreds” of young men and “one courageous female.” From Tuesday through Saturday afternoon.

2. Sure enough, the coach’s cynical use of Fuller got massive publicity, all positive. Since the team never scored or got within range of a field goal, Fuller got to kick the ball exactly once, to begin the second half. She delivered a 30 yard squibber that gave Missouri the ball on its 35 yard line. The pathetic kick went only 20 yards in the air and rolled another ten before the Missouri team saved face for her by jumping on the ball before it went out of bounds and drew a penalty.

For that performance, the SEC named Fuller the special teams “Player of the Week.” As Kamala Harris has proved, in 2020 a woman can be regarded as a standout by simply showing up. Performance doesn’t matter, just chromosomes.

3. Then Fuller revealed that she had the audacity and bad taste to lecture her team mates for a day on the right way to play football.

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Grovel Of The Year: Matthew J. Mayhew, The William Ray And Marie Adamson Flesher Professor Of Higher Education at Ohio State University

This is pathetic.

When I read the Grovel of the Year—presumably you know what a banner year 2020 has been for grovels, as executives, academics and whole companies and organizations desperately try to mollify the Black Lives Matter mobs—-I instantly thought of the Monty Python skit above, as the brilliant Michael Palin portrayed a certified public accountant attempting to be bold and assertive, only to dissolve into a puddle of blubbering doubt the second he was challenged to follow through on his decision.

We are told that Matthew J. Mayhew, the William Ray and Marie Adamson Flesher Professor of Higher Education at Ohio State University, has published more than 75 peer-reviewed articles and is a co-author of How College Affects Students: Volume 3. He recently co-authored an admittedly fatuous piece for the Journal of Higher Education  called, “Why America Needs College Football” that was published on September 24. The cancel/race-baiting/ progressive bully mobs attacked, and it took only four days for poor Mayhew to issue a Palin-worthy grovel, begging for forgiveness and rejecting what he had written just days before.

“Weenie” doesn’t begin to describe the deficits of integrity and character his capitulation represents.

Here are examples of what he and co-author Musbah Shaheen wrote ( Shaheen is an Ohio State Ph.D. student, and hasn’t been heard from. I assume he is on the run, has changed his name and is off the grid, and will soon be sharing an apartment in Antartica with Salman Rushdie):

Essentializing college football might help get us through these uncharacteristically difficult times of great isolation, division and uncertainty. Indeed, college football holds a special bipartisan place in the American heart.

and…

College football reminds many Americans of the community values that underscore higher education and by extension America itself.Americans have lost the united sense of who we are as a nation.

and…

This election season has demonstrated how stifled, polarized and dangerous our political differences have become, and college football can remind us of respect — even in the wake of deep disagreement. We can root for different teams, scream at the players, argue with the refs and question the coaches, but win or lose, at the end of the day, we leave the stadium, watch party or tailgate with a sense of respect for the game and the athletes that train so hard, leaving it all out on the field every time.

and…

Deep difference doesn’t have to lead to disrespect.

The Horror! Continue reading

Post Thanksgiving Ethics Hangover,11/29/2019: The Toilet Bowl, Mr. Peanut, And Other Embarrassments

This is always one of the strangest days of the year.

Especially strange for me: I keeled over right at the start of Thanksgiving dinner for no discernible reason. One minute I was sipping a beer and feeling oddly light-headed, and the next my son was lifting me off the floor. It must have been spectacular, because it scared the hell out of everyone but my son’s girlfriend, who assumed I was staging a gag. (She got to know me fast…) I’m sorry I missed the excitement.

Today I’ve been feeling out of it, but I can’t tell whether the cause is the fainting spell, L-Tryptophan, or something else (it has been a rough week). My wife has been following me around like a bloodhound, expecting me to go down for the count.

I’ll be seeing my doctor first thing Monday. But enough about me:

1. Tit for Tat. Three women,  Jana Solis, Natalie Sept and Nicole Vogel, accused Gordon D. Sondland, the United States ambassador to the European Union, of making unwanted sexual advances toward them years ago, right after he testified as a star witness at the impeachment proceedings against President Trump. Sondland appeared before Congress and gave what was  viewed by many as damaging testimony about the President’s dealings with Ukraine and the alleged “quid pro quo.”  The timing of the accusations is suspicious, and the Left has no one to blame but itself as its weaponized “believe all women” nonsense circles around like the deadly torpedo in “The Hunt for the Red October.” This was begun by Anita Hill, escalated by Cristina Blasey Ford, and soon such convenient accusations will have no power whatsoever.

Good.

2.Please remember: Hillary Cinton is (at least) as rotten a human being as Donald Trump, just a different kind of rotten human being. Journalist Ronan Farrow told the Financial Times  that Hillary Clinton cut him off him when she discovered he was investigating sexual assault allegations against Hollywood mogul Harvey  Weinstein. Weinstein donated tens of thousands of dollars to groups supporting Clinton’s candidacy during the 2016 presidential campaign, according to Federal Election Committee data.

Though Clinton had appointed Farrow as her special adviser on global youth issues in 2011 when she was Secretary of State and he had worked with Clinton “for years,” she quickly distanced herself from him and cancelled an interview after she learned that he  was looking into Weinstein’s harassment and sexual abuse.

“It’s remarkable how quickly even people with a long relationship with you will turn if you threaten the centers of power or the sources of funding around them,” Farrow said. “Ultimately, there are a lot of people out there who operate in that way. They’re beholden to powerful interests and if you go up against those interests, you become radioactive very quickly.”

It’s not remarkable. What’s remarkable is that so many women still get misty over the fact that this cynical hypocrite who pretended to be a feminist champion while allying herself with people like Bill Clinton and Harvey Weinstein was deservedly defeated in the 2016 election. Continue reading

Comment Of The Day: “Ethics Quiz, Super Bowl Edition: Justin Timberlake’s Integrity”

John Billingsley elaborates on the import and implications of the troubling research results regarding the brain disease CTE and participants in contact sports, especially football.

Here is his Comment of the Day on the post, Ethics Quiz, Super Bowl Edition: Justin Timberlake’s Integrity:

I agree that with 99% of NFL players and 91% of college players showing CTE on autopsy there is no ethical justification for American football and we don’t need it. Do we actually need any contact sports? CTE has been demonstrated in participants in multiple other contact sports including basketball, boxing, ice hockey, rugby, soccer, wrestling, and baseball. Unfortunately, there is not as much information available about the rates of CTE in those sports. There was an autopsy study demonstrating CTE in the brains of 21 of 66 individuals who participated in different contact sports at various levels, but no CTE in the brains of 198 controls who had no history of participating in contact sports. A study looking at high school athletes who participated in various contact sports from 2005 to 2014 found that there were about 300,000 concussions annually. That study found that the sport with the highest rate of concussions adjusted for the rate of participation was girl’s soccer. A concussion does not mean CTE will develop but repeated head injury is the etiology of CTE. Continue reading

Your Ethics Alarms Super Bowl Guilt Trip

You know that by watching the Super Bowl, you’re helping to kill and cripple young men, right?

Sure you do.

You and people like you watch the Super Bowl, maybe hold parties around it, allowing the NFL to make millions of dollars selling ads and merchandise off of the most watched sporting event of the year. And, of course, the popularity of the Super Bowl makes it the year’s #1 promotion for the billion dollar mega-industry that is the National Football League, and down the line, for billion dollar corrupt big time college football, and in places like Texas and other regions warped by the “Friday Night Lights” mentality, high school football, and further down the line, youth football, where kids a young as 8 begin getting the blows to the head that will help make them confused and dysfunctional in their fifties or earlier if they play long enough…and maybe even if the don’t.

Hey, these are great nachos! Is this a microbrew? Look at that funny ad!

The film above, “Concussion Protocol,” was released this month, and shows a compilation of every reported concussion this season. Directed by Josh Begley and produced by Laura Poitras,  it is believed to be a nearly complete compilation of the NFL’s reported 281 concussions this season, the most since 2012. The NFL, which is affirmatively evil, is spinning this as a good thing, pointing out that it means that players are self-reporting their head injuries more often.

Sure. That must be it. Bravo! Problem solved. DE-Fence!
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Morning Ethics Warm-Up, 11/30/2017: Bad Tweets, Bad Rep., Bad Rap, Bad NBC…

Bad night, but…

Good Morning!

1 Straight to the top of the charts…When we put together the definitive list of President Trump’s Top Ten (Top 100? Top 1000?) stupid, undignified and self-wounding tweets, yesterday’s sequence of unsubstantiated videos–from a radical right wing British group— of alleged violence by Muslims has to be on the list. I could counter that the eruption of indignation by the vast majority of people who can comprehend what’s wrong with this is a bit annoying from the progressive side—the official Obama Administration position that Islam is a lovely religion of rainbows and unicorns and that Muhammad doesn’t instruct his followers from the grave that infidels are scum and deserve to die is far more dangerous than Trump’s hate-tweets—but that would obscure the key point. Trump’s retweeting is ugly, unnecessary, undignified, looks bigoted, and plays into the hands of the worst of his enemies, who express themselves like this.

Now we have to listen to that dishonest and contrived 25th Amendment garbage again, which never quite stopped anyway. Once again, the President has blown more wind into the sails of anti-democratic hypocrites like Ezra Klein, who argues for a Constitution and Separation of Powers-wrecking version of impeachment to get rid of Trump. No, Trump hasn’t gone crazy: he’s exactly the man we elected, and exactly as able to do his job as he ever was. Tweeting irresponsibly is not a high crime and misdemeanor. Being Donald Trump is not a high crime and misdemeanor.

But the President is playing with fire by encouraging the large political movement that would criminalize not agreeing with their world view. That’s as indefensible as it is idiotic.

2. This much is clear. It is now clear that NBC only fired Matt Lauer because an explosive Variety exposé was on the way, and it was a close call at that. It is pretty clear that the mystery of why NBC rejected journalist Ronan Farrow’s investigative reporting on Harvey Weinstein has been solved: NBC had its own lurking sexual misconduct cover-up to worry about. It is, or should be clear from Variety’s reporting that the astounding brazenness of Lauer’s conduct had to be common knowledge among Lauer’s colleagues and NBC executives, and that they unethically applied The King’s Pass, deliberately allowing Lauer to abuse and terrorize female employees, some of whom played along to get along. TMZ uncovered an old interview in which Katie Couric happily revealed that one consequence of working with Matt was that she got her butt pinched a lot. Nobody paid attention, in part because our pathetic news media buried it. Continue reading

When Ethics Alarms Don’t Ring: A Coach With CTE Continues To Allow Young Players To Risk Brain Damage

…but he felt really guilty about it, so that’s OK.

The New York Times had a very strange sports story yesterday. Its subject was the late Don Horton, a prominent assistant coach at Boston College and North Carolina State for nearly 20 years who was diagnosed with Parkinson’s disease but was also experiencing symptoms linked to chronic traumatic encephalopathy, or C.T.E., a degenerative brain disease caused by repeated hits to the head strongly linked to football. The sensitive reporter, Bill Pennington asks,

“Was his deteriorating health, Horton wondered, a consequence of his many years as a football lineman?” Even worse, he worried, was he responsible for exposing hundreds of players to the kind of head trauma now impairing his life? After all, as he had recruited and encouraged scores of athletes to play major college football….There was only one way to be sure if he had C.T.E. His brain would have to be examined post-mortem, the only way to confirm the disease since there is no reliable test for the living. At first Horton balked, but as his cognitive difficulties intensified, he relented and even insisted that the findings of his brain examination be made public.”

The Times article makes this sound like a noble and brave resolution of his crisis of conscience. It was not, however. Having his brain dissected after his death was no sacrifice at all; Horton would be dead, of course.  In the meantime, Horton, despite his symptoms and his wife’s investigation into them, continued sending young men out to get their brains beat in.

We learn,

In 2009, seven years before Horton died, [Horton’s wife] called Chris Nowinski, a co-founder and the chief executive of the Concussion Legacy Foundation, and told him that she thought her husband had C.T.E. She also raised her suspicions with Horton’s doctors, but they said that, even if true, it would not change the course of his treatment.

Horton continued his duties at North Carolina State.

“He never missed a day of work and still produced great offensive linemen,” said Jason Swepson, an assistant coach at North Carolina State at the time. “You could see him struggling sometimes, but he never opened up about it because, I think, he didn’t want to feel like he was letting the group down.”

At home, however, Horton’s illness was leading to a variety of changes, physically and philosophically. His daughters, Libby, 14, and Hadley, 9, had begun playing soccer, but Horton pointedly refused to allow them to head the ball in games or in practices, aware that some studies had linked heading to brain injury.

“Don told them, ‘If I ever see you head the ball, I’ll run onto the field and yank you off myself,’” Maura said.

Although Horton kept his misgivings about football’s potential consequences within his household, he talked about it regularly.

“Don would ask, ‘Are we just carrying this cycle on?’” Maura Horton said. “That was a question I couldn’t answer. But it’s definitely the right question to ask.”

It’s not just the right question to ask, it was a question with an obvious answer, and both Hortons knew it. YES he was just carrying the cycle on. YES, he was continuing to coach college players when he had first-hand, personal knowledge of the horrible fate in store for some or many of them as a result, and said nothing.Was he responsible for exposing hundreds of players to the kind of head trauma now impairing his life?” If he refused to let his daughters head the ball while playing soccer, we know he was responsible, and so did Coach Horton. Was he in denial? Was he willing to let his player risk crippling cognitive impairment because he wouldn’t and couldn’t give up the only job he knew? Why does the Times suggest that there was any question about his culpability or breach of duty?

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Penn State Trustee Al Lord Says He’s Running Out Of Patience With Jerry Sandusky’s “So-Called Victims”

Do you still wonder how and why beloved Penn State football coach Joe Paterno and his superiors contrived ignorance while child predator Jerry Sandusky was using their facilities to trap his defenseless young prey? If so, you have a definitive answer in the recent statement of Penn State trustee Albert L. Lord, in an e-mail  to The Chronicle of Higher Education. that he’s..

“Running out of sympathy for 35 yr old, so-called victims with 7 digit net worth. Do not understand why they were so prominent in trial. As you learned, Graham Spanier never knew Sandusky abused anyone.”

Spanier is the dismissed Penn State president who was convicted of one count of child endangerment last week for his handling—non-handling, really— of complaints about Sandusky. The verdict was correct: Spanier, like Coach Paterno, intentionally failed to investigate repeated claims that Sandusky was molesting young boys on campus, because he didn’t want to know if the allegations were true, That would have endangered Penn State’s beloved football program, which meant more to him, and obviously Paterno, than crime, truth, education, or harm to innocent children. Spanier probably was certain the Penn State board would endorse his priorities. Based on Lord’s jaw-dropping message, it still might.

Some of the victims of Sandusky, Penn State, and the tactical apathy of Paterno and Spanier  have “seven figures” because Penn State is estimated to have paid out about $93 million to more than thirty Sandusky victims over twenty years. Lord—a moron— seems to think they got the benefit of the bargain. After all, what’s a little sexual molesting when you’re ten? Hell, he’d take a little diddling for three million bucks! Who wouldn’t? Go Nittany Lions! Continue reading

Ethics Dunce: ESPN

protest-mizzou

ESPN has announced it will give the University of Missouri (MU), a.k.a Mizzou, football team a special humanitarian award in July to honor the team for its strike  in 2015. You know the one, right?  If you did, then you are probably retching.

This was the Black Lives Matter-esque fuse that caused over a hundred universities to explode in racial unrest and cave in to pressure from black student groups to yield to demands supposedly addressing various imagined, concocted or politically exploited race-related problems on campuses, ranging from microagressions, to inadequate race-consciousness, to unidentified people saying mean things.

That last, in fact, was what caused the Mizzou foolishness. There, three unrelated episodes caused the “crisis”:

  • Payton Head, MU senior and president of MSA,  published a Facebook saying that he was walking around campus when the passenger of a pickup repeatedly shouted the “nigger at him.

No one confirmed his claim.

  • The Legion of Black Collegians posted on social media that the group was rehearsing for a performance at the University’s Traditions Plaza when a “young man” talking on his cellphone walked up to the group, was politely asked to leave, and hurled “racial slurs” at LBC members.

Was he a student? Nobody knows.

  • Someone draw a swastika using human feces inside Mizzou’s Gateway Hall.

Funny, I think of the swastika as an anti-Semitic symbol, not anti-black one, but hey, whatever it takes, right?

None of these involved perpetrators who were identified, or who were shown to be students. None of them  were remotely within the control of the University; nor were they coordinated in any way.  Black groups on campus, however, harassed the school’s president, Tim Wolfe,  and demanded that he resign. A black graduate student began a hunger strike, promising to forgo all food and nutrition until Wolfe was ousted. Finally, black University of Missouri football players announced that they would not participate in team activities or games until the university yielded to various demands, including Wolfe’s dismissal. The coach and the rest of the team backed the black players, and the university caved.

In addition to sparking many other conflicts on other campuses, disrupting students’ education, making U.S. ccolleges look like the inmates were running the asylums (because they were) and increasing racial tensions, the episode had the effect of  causing a huge drop in enrollment that has cost Mizzou about $32 million.

Isn’t that great?

Good job, everybody!

Apparently ESPN think so, anyway. Continue reading