fairness

The Campus Sexual Assault Witch Hunt Ethics Train Wreck, Complicated By The Fact That The Witches Are Real

/ Jack Marshall / 143 Comments
"Wait...are you raping me, or am I raping you?"

“Wait…are you raping me, or am I raping you?”

There is no question that there are sexual predators on college campuses, or that some colleges let them get away with raps on the knuckles for sexual assault or worse. There is also little question, though various parties and activists deny it, that what constitutes genuine sexual assault and even rape has been so thoroughly politicized and muddled by irresponsible rhetoric, dubious statistics and cynical political maneuvering that addressing the problem of actual campus sexual assault is becoming impossible without harming, indeed destroying, the innocent in some cases.

At Stanford, women are rallying for a more stringent process and harsher punishment after student Leah Francis protested in an e-mail to the campus that she had been “forcibly raped” by a fellow student and he was permitted to graduate. Of course, Stanford didn’t find the she had been raped: her assailant was found guilty of sexual assault. The loose use of “rape” to describe sexual assault for political purposes is one of the reasons universities seem incapable of finding a satisfactory balance in handling such cases. At the risk of getting ahead of the post, I would say this: if it is alleged to be rape, then turn the matter over to the police and the justice system. Schools are not allowed to use internal procedures to investigate and punish murder; it makes no sense to permit them to do so with the serious crime of rape. The fact that the standards of proof and the requirements of due process are less stringent in a campus procedure is what simultaneously leads to inadequate sanctions for the guilty and railroading of the innocent. The solution to this problem has always been available: treat allegations of campus rape like any other kind of rape.

Unfortunately, colleges are often in thrall to the political agendas of feminists and their allies, so “rape” can mean many things, as can “sexual assault.” In the casual, morality-free sexual atmosphere now not merely tolerated but nurtured on college campuses, lines of consent are blurred, and missteps are inevitable. At the same time, the permissive sexual environment is a playground for predators, exploiters and manipulators. How are the genuinely culpable sexual assailants to be distinguished from the clumsy, the confused, the misled, or the drunk and overly aroused? Continue reading →

Ethics Quiz: The Overly-Trusting Law School

/ Jack Marshall / 2 Comments
The almost lawyer, learning about the justice system...

The almost lawyer, learning about the justice system…

Mauricio Celis, 42,was expelled from Northwestern Law School, just before he was due to graduate, for not telling the school when he applied that he was a former felon in Texas,  convicted there for falsely holding himself out as a lawyer and also for  impersonating a police officer. Northwestern confirmed that it never asked him to disclose any criminal history, but argued that Celis should have known that his criminal record was material.

The school didn’t check on his background; it didn’t even google him. If it had, it would have learned that Celis was infamous in Texas, and called “The Great Pretender.” A prosecutor called him “the biggest con man in the history of Nueces County.”  He certainly was audacious, opening law offices in multiple cities, raking in fees, using his success as a fake lawyer to raise money for Democrats. Compared to his scam, Northwestern was timid. It just took his money, $76,000, and then expelled him without giving him a diploma.

Your strange Ethics Alarms Ethics Quiz:

Was it ethical for Northwestern to expel Celis?

Continue reading →

Of The Great Noodle Ordeal, Sweeney Todd, Stressors, and The Importance Of Ethics In Stopping Mass Killings

/ Jack Marshall / 17 Comments

I have a theory about mass killings, and it is neither original nor exclusive: in fact, it has been proposed in various forms for at least a  century But I think it is worth considering.

I think that the smart, creative, intense, ambitious, restless and entrepreneurial people in this country keep designing an environment, and forcing it on us whether we like or need it or not,  that is increasingly, and ultimately unbearably, hostile to those who are not smart, creative, intense, ambitious, restless and entrepreneurial. I think that as life becomes increasingly stressful and confusing for average people—remember, about half of the public is below average intelligence, and even average intelligence is nothing to jump up and down over—they are more likely to reach what the serial killer profilers on “Criminal Minds” call “stressors”—the final straw, the moment when they see red, and deadly fury takes over. On the TV show, of course, the stressor is the death of a child, or a firing, or the onset of an illness, or financial setbacks. But I can see it simply being the realization that life is hopeless…that it is always going to be a miserable, frustrating struggle, and that powerful, rich, meddling people are at work always finding ways to make sure it gets harder and harder, and ultimately futile, for normal human beings to get through the day.

I entertain delusions that I am smarter than the average bear, and I can barely stand it myself. Yesterday, stuck at La Guardia, I wanted to get some food in the a terminal’s food court. The place I chose had just added computerized self-ordering on iPads. I’m not intimidated by iPads; I use one. The woman in front of me, however, stared at the device—there were no readily available employees to guide her through it—as if it were a space alien. She pushed some buttons, sighed, and gave up. Continue reading →

The TSA Flunks Integrity, Equity, Common Sense, Fairness…But I Guess This Isn’t News. Is It?

/ Jack Marshall / 14 Comments
"You have the US Air credit card? Proceed to your flight, sir!"

“You have the US Air credit card? Proceed to your flight, sir!”

Apparently I am less likely to be a terrorist because I have a credit card.

Ever since I laid out $400 for the new American Airlines-US Air merger credit card and special flyer’s program (it included two round trip tickets to any domestic destination), I have been able to use the “pre-screened” line for my US Air flights. That means my shoes don’t have to be x-rayed, my computer can stay in my brief case, I don’t have to take off my belt (a key benefit, as my pants have fallen down during screenings on three occasions) and I don’t have to take off my jacket.

I also can now skip long lines, as the poor peasants in the adjoining lines glare at me as one of the hated Privileged of the Air. Oh—and since I have an artificial hip that sets off the old-fashioned gates (that’s all you get at the Pre-Screened area), a TSA agent will escort me to that spinny thing that takes nude magnetic imaging photos so I don’t have to get a sexual molesting, of which I have complained about bitterly in the past.  He pushes through all the other passengers waiting in line, –the fools! Bwahahahahah!— and takes me right through. “Pre-screened!” he says, and that’s all there is  to it.*

But I wasn’t “pre-screened,” was I? I just paid a fee to get a credit card. Boy, wait until terrorists catch on to the credit card loophole. KaBOOM!

How can the TSA claim that all of their annoying, humiliating, obtrusive procedures are necessary to protect our safety, when so many of those procedures will be waived for flyers who have the resources to plunk down the money for a premium credit card? It can’t.

Please tell me that the only reason these procedures are still required isn’t so the airlines have something to barter in exchange for money.

Please.

* Once, I didn’t even have to do that. I used the gate, and the alarm went off. I said: “This is a metal hip–you’ll have to wand me and pat me down.” “Nah, never mind,” the TSA agent said. “You can go.”

 

Ethics Quiz: The Reporter’s Non-Compliant Shoulders

/ Jack Marshall / 8 Comments
Appropriate courtroom fashion?

Appropriate courtroom fashion?

At the 2nd District Court in Ogden, Utah, female reporter Morgan Briesmaster was barred by court security from entering the courtroom to cover a story because her sleeveless blouse (left) violated the official dress code.

She eventually gained access by wearing a parka. Up until then, she told other journalists, she waited in the lobby  “where she watched other courtgoers stroll through security with jeans and low-cut shirts.” Her boss ridiculed the situation, comparing it to high school yearbook dress codes, and noted that “any time a reporter is stopped from covering the news, it’s a concern.” There actually is a rule against wearing “tank tops” in that court, but I wouldn’t call what Briesmaster wore a tank top.
 

Your Ethics Alarms Ethics Quiz, which you may think is too easy, is this:

Was the court security unfair and unreasonable to bar reporter Briesmaster based on her shoulder-baring clothing?

Continue reading →

Psychic Discrimination In Uptown Yucaipa

/ Jack Marshall / 19 Comments

Psychic signThe faithful in Yucaipa, California don’t want psychics in their town. After all, what’s next? Soon you’ll have meetings of people being told wild stories about miracles and virgin births and resurrections, and…oh.

This is one of those situations where the intolerance of religious Americans undermines their own cause, though I  know they don’t see it that way.

John Johnson is asking Yucaipa for a home occupation permit so he can continue to provide psychic readings, which he has done without incident for decades. However,  it looks like opposition from surrounding neighbors at the public hearing might foil  Johnson’s efforts to let his home business pass muster as  a nonconforming use in a commercial zone. This makes no sense to him. (It makes no sense to me either.)

“I’ve never hurt any children or gone astray,” he said at the hearing. “I don’t take drugs nor have any tattoos. You people judge me without even knowing me…. I’m a devoted Catholic.”

No, the godly of Yucaipa think you’re evil, John. Here are some of the comments at the meeting: Continue reading →

Ethical Conflict: The Case Of The Confused Cabbie

/ Jack Marshall / 10 Comments

taxi1Heading to downtown Washington D.C. for an early morning ethics presentation for the Federal Bar (at the GAO building), I encountered an ethical dilemma that got the day off to a challenging start.

Traffic in D.C. is ridiculous, so I arranged to have an Alexandria cab pick me up at 8:15 AM for a 9:30 AM presentation, assuming that I would arrive close to 9:00. I would have too, except that my young, African-accented cab driver had no idea where he, or I was going. I should have foreseen the problem when the cab was ten minutes late (this company knows my address and typically arrives early), but it came into sharp focus when the driver asked “So you know how to get there, right?” (No, I don’t know how to get anywhere, which is why you are the cab  driver, and I’m not) and made it startlingly clear that he didn’t know how to read his GPS. As a result, he made multiple wrong turns, even though the screen in front of him was showing him the way, and I ultimately had to interpret the GPS directions for him. I barely arrived on time, and felt like I had done the driving.

My initial instinct was to call the company and complain. I even took down the cab number.

And my thinking went like this: Continue reading →

Texas Republicans Forfeit All Claims To Respect

/ Jack Marshall / 151 Comments

 

Old-Rotten-PlanksIt would be an Unethical Quote of the Month, if it weren’t also so stupid. As it is, the newly minted endorsement of  conversion therapy for gays in the party platform serves to remove any reason to respect the Texas Republican Party, and like a projectile vomiting episode, contaminates anyone who identifies with the GOP, not just in Texas, but anywhere.

This despicable and ignorant platform states:

“We recognize the legitimacy and efficacy of counseling, which offers reparative therapy and treatment for those patients seeking healing and wholeness from their homosexual lifestyle. No laws or executive orders shall be imposed to limit or restrict access to this type of therapy.”

This was composed by bigots, enacted by fools, and adopted by intellectually lazy and mean-spirited dolts. Continue reading →

Ethic Dunce: California Chrome Owner Steve Coburn*

/ Jack Marshall / 13 Comments

horses-assAs you probably know by now, California Chrome attempted to become the 12th horse and first since Affirmed in 1978 to win the Triple Crown and join a fabled group that includes such esteemed equines as Gallant Fox, Whirlaway, Citation and Secretariat…and fell right on his long face, finishing fourth. The  winner of the Kentucky Derby and Preakness lost the Belmont Stakes to 9-1 long-shot Tonalist, who did not run the opening two races of the series. Ah, there’s the rub. Part of the challenge of the Triple Crown, a not insubstantial part,  is that it is an endurance test. CC lost to a fresher horse.

Well, you know, that’s why winning the Triple Crown is so special and the horses who achieved it are the sport of racing’s four-footed immortals. It’s hard. When your horse loses the final and most difficult (it’s longer) of the three races after winning the first two, as many horses have, the correct, classy and ethical response is well established. It doesn’t take any imagination. You say that you congratulate the winning stables, the owners, the horse and the jockey, that of course you are disappointed, that your horse ran the best race he could but on this day it was not good enough. Then you shut up, and let sportswriters make excuses for the loss, if there are excuses to be made. Continue reading →

No, There Is No “Absurdly Bearded Sociology Professor On A Beer Can Principle”

/ Jack Marshall / 12 Comments

follicle beer

This is just unfair, that’s all.

 Paul Roof, a professor of sociology at Charleston Southern University, a Christian school, learned that a photo of him taken by a professional photographer at a beard contest was about to appear on “Chucktown Follicle Brown” beer cans.  “I’m not compensated for the image, I don’t own the image, and the use of the image was a surprise to me,” the Roof told the media. His (amazing/ outrageous/ ridiculous—choose one) four-section beard has been used for other promotions, including for Christian services. Charleston Southern University never expressed any objection to its employee looking like an escapee from “Ripley’s Believe It or Not!” Nevertheless, the school fired him, saying that a professor having his image on a beer can “was not representative of a Christian environment.” Continue reading →