ethicists

Trump Derangement and Professional Ethics Rot Update: The Association of Professional Responsibility Lawyers

/ Jack Marshall / 1 Comment

As the American Bar Association amply demonstrates, the American legal profession is overwhelmingly left-leaning and left-biased, not because lawyers are especially informed or intelligent, but because they overwhelmingly graduate from law schools devoted to progressive indoctrination, with law journals that actively discriminate based on viewpoint bias. State and local bar associations are governed and staffed by similarly aligned individuals; reading these organizations’ flagship magazines is an exercise in wading through progressive propaganda. Fighting for the rights of “migrants.” Celebrations of “Diversity, Equity and Inclusion.” White men are a minority among bar association presidents.

I belong to association of legal ethics lawyers, including ethics partners, professors, CLE ethics trainers, those who defend other lawyers accused of malpractice or professional misconduct. Most of the time, the topics discussed on the group’s listserv are interesting and pertinent to my practice (legal ethics experts don’t agree on much). Since 2016, however, the Democratic Party bias of the group and its attendant Trump derangement has increasingly raised its ugly metaphorical head. The conservatives on the list as well as those who realize the inappropriateness of political topics generally stay silent (those ethics referrals are lucrative, after all) until the screaming at the sky gets ridiculous, and the moderator steps in to remind everyone that the discussion is supposed to be confined to legal ethics.

I just renewed my membership, and almost immediately a topic titled “Desperate Times” popped up, launched by (of course) the California lawyers in the group. After waking up to another long post about how “we lawyers” needed to organize to fight all of these terrible policies, I replied,

“This topic has nothing to do with legal ethics, and reinforces my conclusion that the legal ethics profession, like so many others, has deteriorated into a partisan, biased, bubble-dwelling  cabal increasingly incapable of objective and trustworthy analysis. The furious effort to spin Fani Willis’s flagrantly unethical conduct was one of many dead canaries in the mine. Is this listserv moderated, or not?”

If you can’t trust ethicists to be objective and unbiased, who can you trust?

Ugh! Ethics Dunce—AGAIN—: University of Houston Law Professor Renee Knake Jefferson

/ Jack Marshall / 64 Comments

This is an example of why I am disgusted with my field and chosen profession. Just last month I designated Jefferson, a legal ethics professor among other things, as an ethics dunce for her blatantly partisan and biased commentary. This time, it’s personal.

Seeking to find a reliable, trustworthy, accurate source of legal ethics news and developments (since the demise of the excellent legal Ethics Forum, I am reduced to the scattershot, overwhelmingly left-biased commentary on the APRL listserv), I subscribed to the professor’s substack, Legal Ethics Roundup, taking seriously her promise that it would supply a “Monday morning tour of all things related to lawyer and judicial ethics.” But the Legal Ethics Roundup I received this morning, like all its predecessors this month, cheerfully informed me that “For the month of August, the Legal Ethics Roundup is on pause.”

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From the Unethical Expert File: A Pet Expert Proves She Knows Nothing About Pets

/ Jack Marshall / 18 Comments

Why would TIME magazine print such self-evident junk? Oh, I know, I know…it’s about dogs and cats, so it is guaranteed clickbait, she’s written a book, so she must be an “expert” and if you can’t believe an ethicist, who can you believe? “The Case Against Pets” is intellectually dishonest, silly, and violates the Ethics Alarms principle that advocating an impossible course of action is unethical no matter how wonderful it would be if it could happen. (My favorite: pacifism.)

The author is Jessica Pierce, a bioethicist and the author of several books, including the one this thing is obviously meant to hype, “A Dog’s World: Imagining the Lives of Dogs in a World without Humans.” Boy, talk about a title signaling a dumb book! Next up: “Imagining the Lives of Dogs If They Could Graduate From Law School.”

Has this woman actually ever owned a dog? She says she has pets: I’m betting that it’s a hissing cockroach. Here are some of her assertions:

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Ethics Quote Of The Week: Blogger-Law Prof. Glenn Reynolds, The “Instapundit”

/ Jack Marshall / 7 Comments

“ETHICISTS GENERALLY HAVE LITTLE TO OFFER, AND THAT INCLUDES ASTROPHYSICISTS ACTING AS ETHICISTS”

—Conservative blogger and pundit Professor Glenn Reynolds, reacting to the “Ars Technica” post, “Are we ethically ready to set up shop in space?”

I agree with Reynolds completely, and the article that prompted his dismissal of my field (except in rare cases, hence “generally”) deserved it.

It begins (the author is Diana Gittig, who “received her B.A. in Biochemistry from the University of Pennsylvania, and then a Ph.D. in Cell Biology and Genetics from Cornell,”and “is a freelance science writer and editor in New York’):

Off-Earth will amaze you: On nearly every page, it will have your jaw dropping in response to mind-blowing revelations and your head nodding vigorously in sudden recognition of some of your own half-realized thoughts (assuming you think about things like settling space). It will also have your head shaking sadly in resignation at the many immense challenges author Erika Nesvold describes. But the amazement will win out. Off-Earth: Ethical Questions and Quandaries for Living in Outer Space is really, really good…

The chapter headings, all of them questions, give a great indication of the issues she highlights in the book. Should we even settle space? Why? Who gets to go? How will property rights be distributed and finite resources be allocated? Do we need to protect the environment in space? How will we do that? What happens when someone breaks the rules or needs medical care? What if that person is the only one who can fix the water purifier? Underlying all of these questions, as yet unaddressed by any public or private institution currently shooting rockets into the air: who gets to decide?

Many of these issues have been dealt with, extensively, in fiction. But Nesvolt doesn’t really mention these works except to caution against the risk of taking them as prophecy.

Had it not triggered my bullshit alarm so thoroughly, I might have stopped reading there. Wait: this brilliant author supposedly explores the ethical hypotheticals that have been exhaustively examined by over a century of science fiction writers in literature, movies and TV without mentioning them? That’s unethical! It’s incompetent, irresponsible, unfair and disrespectful: the book is discredited as a trustworthy source of ethics analysis at the outset.

It is the final paragraph of the brilliant reviewer of the allegedly brilliant astrophyicist-ethicist’s revelations, however, that conclusively proves Reynold’s assessment is spot on. Ready?

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Our Unprofessional Professionals, Our Inexpert Experts: The Ethicist And The Economist

/ Jack Marshall / 8 Comments

One of the most disturbing aspects of the 2016 Post Election Ethics Train Wreck was the ugly spectacle of once esteemed professions deciding en masse to ditch their integrity in order to join the “Get Trump!” mob with the cool kids. Historians, lawyers, judges, psychiatrists, scholars, civil libertarians, journalists, educators…yes, and ethicists—all these groups disgraced themselves and breached the one, overarching mandate for those who supposedly labor for the public good: be trustworthy. Then came The Great Stupid, compounding the damage to society and the culture by showing “experts” to be equally unreliable, burdened as they were by crippling bias, political agendas, and flawed skills and assumptions.

Two recent examples highlighted this trend. First up, the ethicist.

Doriane Lambelet Coleman, a professor at Duke Law School, is co-director of the Center for Sports Law & Policy and a senior fellow at the Kenan Institute for Ethics. She authored a jaw-droppingly lame op-ed for the Washington Post headlined, “Yes, Kamila Valieva should be skating in Beijing.” There isn’t a single valid ethical principle behind her entire, constructed-for-sentimentalists argument.

Her first sentence would normally make me quit reading any opinion piece: “Russian Kamila Valieva is the best figure skater on the planet, she is gorgeous to watch perform and she should be skating in Beijing.” This is the equivalent of “Barry Bonds is a great player and we should ignore the fact that’s he’s a steroid cheat.” An ethicist is openly elevating the most obvious non-ethical consideration seasoned with personal bias, that the author thinks she is “gorgeous” on the ice, over the clear ethical consideration that the skater broke the rules, and had they been enforced, she wouldn’t be at the Olympics at all.

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From The “Bias Makes You Stupid” Files! Ethics Dunce: Legal Ethicist Steven Gillers

/ Jack Marshall / 2 Comments

A depressing theme throughout the Trump years has been the corruption of various professions as members once justifiably regarded as trustworthy abandoned their ethical obligations to become “resistance” allies. The professions thus tainted include judges, scientists, doctors and health professionals, lawyers, psychiatrists, historians, teachers and professors, university administrators, and of course the worst offenders, politicians and journalists. Maybe I’ve missed a few. One more profession that has to be included on the list, I’m ashamed to say, is legal ethicists.

In a post in 2017, I discussed the disgraceful filing of a frivolous and politically motivated bar complaint against then-Trump aide Kellyanne Conway by a group of law professors, some of whom are ethics specialists, and a few of whom I knew and respected. I wrote in part,

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On The Recent Steele Dossier Revelations: An Open Letter To An Un-Named Former Ethics Alarms Commenter, Written In Disappointment And Disgust

/ Jack Marshall / 100 Comments

Dear You Know Who You Are,

As you remember, well over a year ago you staged a grandstanding, insulting exit from participation on this blog, declaring that I had “drunk the Kool-Aid.”  Your false claim was provoked because I had successfully navigated through  lies, calculated disinformation and lawbreaking—engineered by those within and without the U.S. government—to conclude that a coordinated effort had been and was underway to overthrow the elected President of the United States. At this point, the fact that your accusation was based on your own blindness and bias is not subject to rational denial or debate.

I knew that at the time, of course. I also felt, and feel, that for you to behave that way, in public, here, was a personal as well as a professional betrayal. We had, I thought, a cordial and mutually respectful relationship. We had exchanged details about the high and low points of our lives face to face.  We are in the same field and profession. I trusted you.

I have provided you some slack in my ultimate judgment on your character because I know that, as we say here often, bias makes us stupid, even the best of us. I have seen this particular bias make many people, even some smarter than you, as difficult as it may be for you to conceive of that, both stupid and  destructive, apparently without a glimmer of self-realization. I recognize that it the phenomenon is, at this point, indistinguishable from an illness, one triggered by emotion and group-think. Thus I am, up to a point, sympathetic, just as I am regarding so many of my Facebook friends who figuratively make asses of themselves every single day  because they are addicted to “likes” and peer approval. Some of them are even lawyers, but you know…lawyers. That is a professional group, along with historians, politicians, historians, scholars, psychiatrist, educators and, of course, journalists, that has broken its duty of trust with the public as it joined a dangerous and unconscionable effort to break our democracy. Continue reading →

From The Wuhan Virus Ethics Train Wreck Files: What Would We Do Without Ethicists?

/ Jack Marshall / 13 Comments

Cut it out, you two! A medical ethicist says you’re being unethical!

TIME magazine has a feature up called, “‘Is Ordering Takeout Unethical?’ A Medical Ethicist Answers Some of the Most Common Moral Questions Around Coronavirus.”  Yes, res ipsa loquitur: the article is almost as absurd as the title. Moral questions are not ethics questions, you dolts. How could ordering take-out be unethical?  Why would you ask a medical ethicist about ordering food?  With all the real medical ethics questions facing the country, that’s what TIME thinks is most important question? Why would a medical ethicist agree to be involved in such idiocy? Continue reading →

Sunday Ethics Warm-Up, 9/8/2019, As Tumbleweeds Roll Through The Deserted Streets Of Ethics Alarms…

/ Jack Marshall / 57 Comments

Is anybody out there?

1. What’s going on here? The AP deleted a tweet on September 5 tweet attributing the murders of Israeli athletes  to undefined “guerrillas.” Someone complained: it then tweeted, “The AP has deleted a tweet about the massacre at the 1972 Munich Olympics because it was unclear about who was responsible for the killings and referred to the attackers as guerrillas. A new tweet will be sent shortly.” Finally, this was the tweet decided upon:

“On Sept. 5, 1972, the Palestinian group Black September attacked the Israeli Olympic delegation at the Munich Games, killing 11 Israelis and a police officer. German forces killed five of the gunmen.”

2. Wait: ARE there really “AI ethicists,” or just unethical ethicists grabbing a new niche by claiming that they are any more qualified for this topic than anyone else?

From the Defense Systems website:

After a rash of tech employee protests, the Defense Department wants to hire an artificial intelligence ethicist. “We are going to bring on someone who has a deep background in ethics,” tag-teaming with DOD lawyers to make sure AI can be “baked in,” Lt. Gen. Jack Shanahan, who leads the Joint Artificial Intelligence Center, told reporters during an Aug. 30 media briefing.

The AI ethical advisor would sit under the JAIC, the Pentagon’s strategic nexus for AI projects and plans, to help shape the organization’s approach to incorporating AI capabilities in the future. The announcement follows protests by Google and Microsoft employees concerned about how the technology would be used — particularly in lethal systems — and questioning whether major tech companies should do business with DOD.

I’m hoping that the Defense Department isn’t doing this, as the article implies, because some pacifist, anti-national defense techies at Microsoft complained. [Pointer: Tom Fuller]

3. Campus totalitarians gonna totalitary!  University of Michigan students and alumni aare demanding that the University to sever ties with real estate developer Stephen M. Ross , who is the largest donor in the University’s history. This would presumably include removing his name from  Ross School of Business, which he substantially funded. (His name is on other buildings as well) Did Ross rape women willy-nilly? Has he been shown to be racist? No, he held  a re-election fundraiser for the President of the United States. Continue reading →

Morning Ethics Warm-Up, 3/26/18: “Baseball Season Begins This Week So Nothing Can Upset Me” Edition

/ Jack Marshall / 109 Comments

Good morning!

1 A Comment Of The Day. I apologize to Aleksei for not devoting a full post to his excellent commentary, but the posts have been more than a little Parkland Shooting Freak-Out—yes, that is what it is—heavy of late, so I’m highlighting his comment here. I’m also going to torment my temporarily reason-deficient—for that’s what they are—Facebook friends by quoting it.

So I went to the Boston “March for our lives” as an educational thing, because I’ve never been to one of these, and I wanted to talk to people about why they were marching. I am on the pro-gun side. The signs they had definitely were variations on what Jack has provided here. The sign with the kid in the subway car, that’s actually the Boston Red Line.

This march was definitely an emotional thing, because of the 10+/- people I spoke with, nobody was very knowledgeable on guns, gun laws, background checks, what is an assault rifle, the failings of government  in the Texas church shooting, the Parkland shooting, etc. On average, older people were more willing to have a longer conversation. On average, younger people were more irritated with me, once I told them what side of the issue I am on. I was polite and respectful, so there was never a brawl or anything.

I talked with the college girls with one of the more egregious signs ( “2nd amendment = white supremacy”) and they gave me the whole systemic racism shtick. They also had NRA = terrorism. They said the NRA buys politicians. I gave a counter example, that Planned Parenthood donates a lot of money too, where I was cut off immediately and told, that’s different, they’re not murderers, and it’s nowhere near what the NRA gives. [ Ethics Alarms note: This is not accurate.] Another woman I talked with, late 20’s maybe, told me how could I look into the eyes of children that are scared for their lives and not do something. I told her that it saddens me that kids are scared, but it saddens me more that the police failed, the school failed, and the FBI failed in Parkland. She didn’t rebut me and I wished her a good day.

I also was surprised when some young people asked me, if I don’t agree with the march, what am I doing here? I told them that this is a free country, I can be here if I want and that I can speak with other fellow Americans, even if we don’t agree on everything. On a positive note, people told me they appreciated my desire to hear the other side and learn more. It was an interesting experience, but like Jack said earlier, it was a “scream at the sky” fest. Also, the chants were boring. “Hey, Hey, NRA, how many kids have you killed today”, “What do we want? Gun Control! When do we want it? Now!”, “No more guns! No more guns!”, and so on and so forth. I want to say there were more women, there were families with children, which also had signs, people from kindergarten age to old age pensioners.

Observations:

  • Bravo for Aleksei, and anyone else who had the patience to do this. My aversion to protests,demonstrations and rock festivals. along with the brian-numb, herd-like vibe the emit. goes back to my teens.  I just couldn’t do what he did.
  • Can’t somebody write some new protest chants? Do the chanters know that recycling Vietnam peace chants just reinforces the belief that this is all generic generational bitching, and more reflex that thoughtful? If I hear “Hey, Hey” in a demonstration, it only  makes me giggle. A friend in college would react to these chants by raising his arm in a protest fist gesture and shouting “Right arm!”
  • Here is another eye-witness report.

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