fairness

Morning Ethics Warm-Up, 10/18/2017: Welcome To My World! Special Legal Follies Edition

/ Jack Marshall / 14 Comments

Good Morning!

1  Oh, let’s begin the day with Roy Moore, the former Alabama judge and present wacko whom Alabama Republicans voted to represent the GOP in the 2018 U.S. Senate election, thus proving that there are a lot of deplorables in the state. As was completely predictable given his record, Moore recently told his drooling followers (after being introduced by Abraham Hamilton, Alexander Lincoln being unavailable),

“Somebody should be talking to the Supreme Court of the United States and say, ‘What gives them a right to declare that two men can get married?. . . Tell the Congress: Impeach these justices that put themselves above the Constitution. They’re judicial supremists and they should be taken off the bench.”

Comments Jonathan Turley,

So Moore believes that he should not have been removed from the bench for putting his personal religious beliefs above the Constitution, but justices should be removed if they interpretation the Constitution in a way that contradicts his religious beliefs.  This, he insisted, would ‘solve the problem….such a view would violate not just fundamental principles of judicial review but it would violate the impeachment clause.  As the last lead counsel in a judicial impeachment case (in defense of Judge Thomas Porteous), Moore’s view is deeply troubling.  As I have previously written, the Good Behavior Clause of Article III was designed to protect the independence of the judiciary and insulate it from political pressures.  It was meant as a guarantee of life tenure against precisely the type of threat that Moore is endorsing. 

But it’s pointless to make genuine legal and historical arguments against someone like Moore. He’s a theocrat, a fanatic, a bigot and a demagogue. The Republican Party should endorse his opposition and campaign against Moore. This fiasco is their fault, and someone like Moore should be kept out Congress at all costs.

2. Now to someone who is, incredible as it seems, somewhat less ridiculous, this gentleman, Christopher Wilson…

 

No, that’s not a botched tattoo on his forehead: the blurry words are “fuck” and “sluts”, making the whole, eloquent message, “I’m a porn star. I fuck teen sluts.” This roughly translates into  “Look at me! I’m an idiot!”  The newspapers that refused to print the blurred words (the police had the mugshot altered) that are essential to the story, meanwhile, are telling us, “We don’t understand our profession.” The story is incomprehensible if the actual words aren’t clear, literally or figuratively.  Fox News and the NY Post, for example, say, “The Cincinnati man has the words “I’m a pornstar” tattooed on his forehead” and “another vulgar message” tattooed below.” Since the issue is whether the message on his FACE is going to prejudice the jury in his trial for sexual assault, this is juvenile coverage omitting key information to avoid “giving offense.”

Ethics Alarms to the news media: Grow up.

Turley (again…he loves the tattoo stories) writes,

“The court will be left with a question of whether the tattoo is too prejudicial or whether it is unavoidable as a personal choice of the defendant….Yet, these tattoos contain an admission to the crime at issue in the trial.  In the end, a judge could legitimately conclude that this falls into the category as bad choices bringing even worse consequences.”

What? First, the defendant is not charged with fucking teen sluts while acting as a porn star. That conduct could well be consensual and legal.  Turley is also wrong that the judge could “legitimately” allow the jury to see his message. In both cases involving a defendant’s prejudicial tattoos, the judges agreed that they had to be made invisible, in one case using make-up… Continue reading →

Morning Ethics Warm-Up, 9/14/17: Reed College…Fired For Mentioning Grits?…Stupid Protests…The DNC Lies To Democrats…And The Times Clarifies Its Double Standards

/ Jack Marshall / 95 Comments

Hi there!

1 There is another one of those hybrid ethics stories coming out of Oregon. Cross oppressive political correctness with racial-offense hypersensitivity with Lena Dunham-like totalitarian-minded progressives itching to report “wrong-thinkers” to authorities with organizations punishing individuals for private speech they did not intend to make public and what monstrosity do you get?

This: a white conductor and festival artistic director fired by a music festival after he was overheard talking to a black friend in a fake Southern accent and saying, “Do you want some grits?” or words to that effect.

A white woman standing nearby reported to Oregon Bach Festival officials that British conductor Matthew Halls had made a racist to his black American friend, classical singer Reginald Mobley, who grew up south of the Mason-Dixon line.

The festival immediately fired Halls, despite the fact that Mobley protested that there was nothing racist in the exchange (grits aren’t racist, Southern accents aren’t racist, joking between friends isn’t racist…)  that the two frequently mocked each other’s accents,  that Halls was not a racist and didn’t intend the remark as a racist slur, and that Mobley didn’t take it as such.  Never mind!  Halls’ four-year contract with the festival as its artistic director was terminated, with a spokesman saying in part,

“The University considers many factors when deciding whether to continue a contract. Regarding Reggie Mobley, it doesn’t appear he was involved in the University’s decision. Having said that, it would be inappropriate for the University to disclose details about a personnel matter.”

I’m not going to explain in any detail what and who are unethical in this fiasco, because I shouldn’t have to. Halls is a victim. The woman who reported him after eavesdropping is worse than merely unethical: she is an evil-doer, someone who sets out to hurt other people to feel powerful. She either never heard of the Golden Rule or doesn’t accept it. (Maybe she IS Lena Dunham!) The festival’s conduct is unfair, uncaring, cowardly and irresponsible. It deserves to have its artists boycott the festival in support for Halls, but since artists tend to be leftists of the knee-jerk variety, addicted to virtue-signaling and with the depth of analysis exhibited by the typical dachshund, I wouldn’t expect any colleagial  support if I were the conductor.

If you have functioning ethics alarms, it will be obvious that the episode was disgusting and unjust, and why. If the festival’s conduct  makes sense to you, then I’m afraid you’re hopelessly corrupted.

2. Morning Warm-Up may yet morph into “stories that are so irritating I can’t stand writing full posts about them.” Take this one, for example: at small liberal arts school Reed College,  a mandatory humanities course on ancient Mediterranean civilizations was canceled after student protesters kept  interrupting the class to protest “Eurocentrism.” Western culture has been, like it or accept it or not, the beacon of world civilization, and even those who (idiotically) choose to deride or reject it need to understand the history and forces that brought us to where we are today—where we are today being a time when weak and incompetent college administers refuse to assert the indispensable fact that students are there to learn, not dictate to their elders.

My favorite part of this story: to accommodate protesters, the Reed administration agreed to allow adverse students to stand surrounding lecturers in the course. “The general understanding was that the protesters would be allowed to continue as long as they didn’t interfere in the lecture period”…as if forcing lecturers to teach under such circumstances isn’t inherently interfering, as well as intimidating to the teachers and other students.

Colleges and universities that cannot respond more effectively and professionally to such unethical bullying by extremists don’t deserve to exist at all. If you don’t want to learn about Western civilization, go to another school, probably in California. If you disrupt the learning experience of other students, you should be expelled. Continue reading →

Comment Of The Day: “The ‘Unacceptable Word’ Fiasco: OK, Now I Really Want To Know How Many Progressives Seriously Endorse Stuff Like This?”

/ Jack Marshall / 15 Comments

I don’t know if anyone regularly commenting here cares about the punishment of the acting student for his politically incorrect choice of words in an improv exercise as much as Curmie (above) and I do, but we care about it a lot.  As with the Ethics Alarms baseball ethics posts, the various theatrical ethics posts here sink quickly in readership, which, I’m afraid, speaks to a regrettable narrowness of vision. Ethical issues are seldom restricted in their applicability to the specific area in which they arise. I’m especially sensitive to ethics issues others might miss in certain areas where I have a lot of experience and expertise. The same is true, obviously, with Curmie.

Incidentally, I again urge readers to check on Curmie’s blog routinely. He has been through a light writing period of late, but when he speaks, as they once said of E.F. Hutton, people listen, or should. And maybe we can get him writing more again. I know of no more thoughtful, fair, and eloquent blogger, regardless of the topic.

See Curmie? The pressure’s on now!

Here is Curmie’s Comment of the Day on the post, The “Unacceptable Word” Fiasco: OK, Now I Really Want To Know How Many Progressives Seriously Endorse Stuff Like This?:

I am not an acting teacher by trade, but I have taught about two dozen sections of various college-level acting courses over the years. I’ve also taught directing maybe 15 times, and I’ve directed about 40 full-length plays (and a bunch of one-acts)—I’ve used improv techniques in the classroom and in rehearsal many times, although perhaps fewer than some of my colleagues of equivalent experience may have done.

It is remotely possible that the professor, Craig Rosen, imposed some restrictions on the exercise. I’ve done this. For example, if a student is working on a period piece and the language is, shall we say, less explicit than that of a work by David Mamet or Neil Labute or Sarah Kane might be, that young actor may be having trouble finding the anger a character feels if the verbal expression of it seems mild by 21st-century standards.

I’m reminded of working on a book chapter about an Irish version of Chekhov’s Three Sisters. The translator/adapter had Masha, one of the title characters, refer to her sister-in-law as a “bitch.” I happened to have access to a good friend and native Russian speaker, who also happened to be a scholar of dramatic literature. No, she said, Masha’s expletive doesn’t really translate that way… but for her expression of class-driven disgust to have the same effect on a modern audience that Masha’s line would have had in Tsarist Russia, she’d have to call Natasha a “fucking shopkeeper.” Continue reading →

Miss America Ethics: Know Your Place, Stupid Beauty Pageants!

/ Jack Marshall / 58 Comments

Public policy experts all…

Your place, as anachronistic, culturally embarrassing meat shows, is to be as unobtrusive as possible while feminists and people of taste figure out a nice, fair way to wipe you off the face of the United States. But until that happens, you have a duty not to be deliberately annoying, not to wave your ignorance like it is a bloody shirt, and also not to make the undeniably stupid people who watch you even dumber than they already are.

Perhaps I am getting ahead of myself..

Two nights ago, we were treated to the finals of the inexplicably still-televised Miss America beauty pageant, the grandmommy of them all. The traditionally risible interview portion of the competition, which has for as long as there were turnips on earth featured open-ended general questions conducive to virtue-signalling blather, usually features puzzlers like (from a list of such queries)

What do you think is true beauty?

What would you do differently if you could start your life over?

Who is your greatest role model or hero?

What does it mean to be a beauty queen?

If you could be granted one wish, what would it be?

What is the greatest challenge facing humanity?

What makes you happiest?

…and so on. The idea once was that anyone with a mouth is capable of answering these questions relatively competently, and they are not traps or invitations to attract criticism. Oh, once in a millennium a finalist might answer “What would you do differently if you could start your life over?” with, “Well, I would sure skip all those years I was a crack whore,” or “If you could be granted one wish, what would it be?” by saying, “I’d wish for boobs the size of El Capitan!,”  but these are pretty easy questions to ace. They are also well within the intelligence levels and expertise of the pageant administrators, judges and the contestants, so employing them isn’t political, or divisive.

A beauty pageant should not be divisive or political, just like an NFL game shouldn’t be divisive or political. I shouldn’t even have to write that.

Miss America 2018 decided to ditch the tradition of one question per finalist in the final round of competition, and ask two questions of each. The final five questions to the last five finalists were all “serious,” we were told.

Here they are, with the answers they evoked, and my observations. Continue reading →

The “Unacceptable Word” Fiasco: OK, Now I Really Want To Know How Many Progressives Seriously Endorse Stuff Like This?

/ Jack Marshall / 23 Comments

I just received an email from the Democratic National Committee urging me to protest Betsy DeVos’s (completely valid and overdue) withdrawal of the “Dear Colleague Letter” by which the Obama Department of Education pressured universities into dispensing with due process when a male student is accused of sexual assault. “Tell Trump and DeVos not to undo President Obama’s policies to combat sexual assault on campus!” it bleats. The e-mail blast (if I ever find out who put me on this list, there will be blood), quotes DeVos, as if this advances their case, as saying, “If everything is harassment, then nothing is harassment.”

The Education Secretary was exactly right, and a story today from Reason shows why.

Joshua Zale, a student at Moraine Valley Community College, was asked by his drama instructor to play a pimp asking for money from another student, playing the role of a prostitute in an improvisation exercise. Improvisation means that the actors work without a script. In the process of the improv, Zale used an “unacceptable word” according to the instructor, who was apparently improvising the role of a fool. The teacher immediately reprimanded Zale, who later insisted on a private meeting to learn why he had been attackedfor using a word he felt was consistent with  the role he had been assigned.  Assistant Dean Lisa Kelsay subsequently accused  Zale of violating Title IX—the weapon of choice in the “Dear Colleague Letter”—and school conduct policies by sexually harassing his acting partner “as a woman.”

No one has yet divulged what this “unacceptable” word was. I have taught improvisation. I am a pretty creative guy, with a fairly extensive vocabulary. I cannot imagine any word, from Pneumonoultramicroscopicsilicovolcanoconiosis to supercalifragilisticexpialidocious to Bill Maher’s favorite, cunt, to “penis breath,” uttered by a child in the opening minutes of “E.T.”, that would be “inappropriate” in an improv, especially in a scene involving a sex worker and a pimp.

As you know, ethics stories often remind me of TV shows and movies. This one (see the video clip above)  reminds me of a famous “MASH” episode, “The General Flipped At Dawn,” in which Harry Morgan, later to play lovable, crusty old Col. Potter, played an insane general. Reviewing the MASH squad, he asks Radar, “Where are you from, son?” Radar answers, “Iowa, sir..” only to have the General scream, “NO TALKING IN RANKS!!!!”

Maybe the improv instructor, Craig Rosen, flipped too. That would be an excuse, at least. But how do you explain the Assistant Dean? Continue reading →

Ethics Alarms Baseball Ethics Special Report: The Boston Red Sox, Sign Stealing, Technology, And Cheating [UPDATED]

/ Jack Marshall / 23 Comments

[I got the news about Major League Baseball’s announcement that the Boston Red Sox had admitted that some of the team’s employers and players had engaged in illegal sign-stealing about an hour before the Sox-Blue Jays game was scheduled. My intent was to write the post about it last night after the game. The game, however, went 19 innings and lasted 6 hours. (The Sox won, and absent this scandal, it would have been a big news story itself, one of the most important victories of the year and one that set several team records.) So the post didn’t get written, and believe it or not, I have occasional priorities and commitments that take precedent over my profit and income free ethics blog. Thus I consider the multiple e-mails and Facebook messages I have received accusing me of ducking the issue less than amusing, an unwarranted attack on my integrity. To all of those individuals, most of whom barely read the news reports, I say, “Bite me.”]

Yesterday afternoon the New York Times broke the following story, which reads in part:

Investigators for Major League Baseball have determined that the Red Sox, who are in first place in the American League East and very likely headed to the playoffs, executed a scheme to illicitly steal hand signals from opponents’ catchers in games against the second-place Yankees and other teams, according to several people briefed on the matter.

The baseball inquiry began about two weeks ago, after the Yankees’ general manager, Brian Cashman, filed a detailed complaint with the commissioner’s office that included video the Yankees shot of the Red Sox dugout during a three-game series between the two teams in Boston last month.

The Yankees, who had long been suspicious of the Red Sox’ stealing catchers’ signs in Fenway Park, contended the video showed a member of the Red Sox training staff looking at his Apple Watch in the dugout. The trainer then relayed a message to other players in the dugout, who, in turn, would signal teammates on the field about the type of pitch that was about to be thrown, according to the people familiar with the case.

Baseball investigators corroborated the Yankees’ claims based on video the commissioner’s office uses for instant replay and broadcasts, the people said. The commissioner’s office then confronted the Red Sox, who admitted that their trainers had received signals from video replay personnel and then relayed that information to Red Sox players — an operation that had been in place for at least several weeks.

As reported by ESPN, Baseball Commissioner Rob Manfred said in a statement,

“We actually do not have a rule against sign-stealing. It has been a part of the game for a very, very long time. To the extent that there was a violation of the rule here, it was a violation by one or the other [team] that involved the use of electronic equipment. It’s the electronic equipment that creates the violation. I think the rule against electronic equipment has a number of policy reasons behind it, but one of them is we don’t want to escalate attempts to figure out what a pitcher is going to throw by introducing electronics into that mix.To the extent there was a violation on either side, we are 100 percent comfortable that it’s not an ongoing issue, that if it happened, it is no longer. I think that’s important from an integrity perspective going forward.”

This is a complicated story, and part of not one complicated ethics category, but several: technology ethics, baseball ethics, cheating, and general ethics. In the interests of clarity, I’m going to cover the story in a series of short observations, each with a heading. At the end of this post, I have posted a long published essay I authored about baseball ethics within the culture of the game. Those who are not familiar with these issues, which are fascinating, might want to read that first. it is helpful background information.

Points and Observations:

  • Traditional sign-stealing in baseball is not regarded as cheating. This seems counter intuitive because of the word “stealing.” Sign-stealing refers to teams decoding the signals given by the catcher to the pitcher (regarding what kind of pitches to throw and where ), and the coach or the dugout to a batter or baserunner (in bunt and hit-and run plays). Theoretically, knowing the other team’s signals provides an advantage, as to a batter who knows that the next pitch will be a curve rather than a fastball. Usually, signs from the catcher to the pitcher are in jeopardy when there is a runner on second base. He can see the catcher’s signs as well as the pitcher can. Catchers use finger-signs in various combinations to ask for various pitches, and position their gloves to indicate where they want the balls thrown. If the runner at second can signal to the batter what the catcher has told the pitcher to throw, the batter may have an advantage.

This is why catchers often go to the pitching mound when a runner is on second base. They change the signs. The second baseman will often join them, because it is his job to know what pitch is being thrown so he can signal (usually behind his back, using his hand) to his team’s outfielders. An outside fastball makes it unlikely that the batter will pull the ball, for example.

Sign-stealing on the field, using just eyesight and hands, is what players call “the game within the game.” Joe Girardi, the Yankee manager, said in an interview yesterday that he just assumes every team is trying to steal signs, whether they are or not. Continue reading →

Foundation For Individual Rights In Education (The FIRE) Report: America’s Top Universities Deny Students Fair Hearings

/ Jack Marshall / 10 Comments

(If you don’t know what this photo has to do with the FIRE report, you haven’t been paying attention…)

The FIRE, the heroic non-partisan non-profit that is dedicated to fighting restrictions on student speech, expression and other civil rights, has issued an important report showing how badly respect for Constitutionally guaranteed rights eroded during the Obama Administration’s embrace of the “war on women” narrative and radical feminist propaganda regarding the “rape culture” at American universities. From the press release:

“Spotlight on Due Process 2017” surveyed 53 of America’s top universities and found that a shocking 85 percent of schools receive a D or F grade for not ensuring due process rights. The schools were judged based on whether they guarantee those accused of campus misconduct 10 core elements of fair procedure, including adequate written notice of the allegations, the presumption of innocence, and the right to cross-examine all witnesses and accusers. FIRE awarded each institutional policy a grade based on how many of those elements it guaranteed.

“Most people will probably be surprised to learn that students are routinely expelled from college without so much as a hearing,” said Samantha Harris, FIRE’s vice president of policy research. “This report should be a huge red flag to students, parents, legislators, and the general public that an accused student’s academic and professional future often hinges on little more than the whim of college administrators.”

FIRE’s report found that 74 percent of top universities do not even guarantee accused students the right to be presumed innocent until proven guilty. Making matters still more unjust, fewer than half of schools reviewed (47 percent) require that fact-finders — the institution’s version of judge and/or jury — be impartial.

Additionally, 68 percent of institutions fail to consistently provide students a meaningful opportunity to cross-examine their accusers or the witnesses against them — despite the fact that the Supreme Court has called cross-examination the “greatest legal engine ever invented for the discovery of truth.”

Most universities try students under one set of procedures for sexual misconduct, and an entirely different set of procedures for all other offenses. Of the 49 institutions in the report that maintain separate policies for sexual and non-sexual misconduct, 57 percent grant students fewer procedural protections in sexual misconduct cases — even when those cases allege criminal behavior. Troublingly, 79 percent of top universities receive a D or F for failing to protect the due process rights of students accused of sexual misconduct….

The report later says that not one institution covered by the study received the top grade. Continue reading →

Morning Ethics Warm-Up, 9/3/17: A Troubling MLB Suspension, Anti-Trump Mania Update, And Announcing “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday

/ Jack Marshall / 17 Comments

Good Morning!

1.I dread this, but it is looking like it is going to be “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday. I have accumulated three stories that fit under that heading, because each one of them is simultaneously annoying, sensitive,  under-reported, and difficult to process. Procrastination isn’t ethical, however, so today is the day. Ugh.

2. Today’s New York Times Sunday Review is again light on President Trump Hate, after last week’s orgy. I was discussing yesterday’s post about the draft letter excitement with my sister, a not-quite-resistance member who is a better lawyer than I am and intermittently reasonable despite hating and fearing the President worse than she does that Four Horsemen of the Apocalypse. She agreed that the news media’s elevation of the draft letter to front page status was biased journalism and self-evidently silly. “The news media believes that Trump is so incompetent that it is their job to try to help the country get rid of him as quickly as possible,” she said. She also confirmed that this is the attitude of the “resistance,” Democrats and progressives as well, and she hangs out with all of them.

Her candor was welcome. It’s also an admission, in my view, and I told her this, of an anti-democratic and unethical attempt to undermine our institutions. We remove Presidents by elections, not manufactured impeachments or 25th Amendment removals on contrived grounds. What my sister calls fear of dangerous  incompetence is really objections to style, rhetoric and policy, none of which are justifiable reasons to remove a President before an election.

I also pointed out to my sibling that it is not the news media’s job to conspire with partisan opponents to remove a President. In fact, it is unforgivable.

3. What’s the difference between the National Football League and Major League Baseball? Well, one difference is that when a star NFL player is caught on a video cold-cocking his wife-to-be  in a hotel elevator, the NFL’s first response is to do nothing, and when a second string catcher’s ex-fiance says she was abused on social media and then deletes the post, that’s enough for MLB to suspend the player under its domestic abuse policy. Ethically, I’m not sure which is worse. Continue reading →

Another Harvey Ethics Quiz On Looting….

/ Jack Marshall / 19 Comments

The comments on the Ethics Quiz on shooting looters was edifying. Now let’s examine the question of “legal looting,” according to a Yale Law School professor.

In a post for Bloomberg, Stephen L. Carter argues that “Peacefully taking what you need from a supermarket isn’t the same as looting.” he writes in part,

Should we conclude that people taking food from an empty store during an emergency are not committing a crime? That’s exactly what we should conclude — they are not lawbreakers — but it’s important that we understand exactly why.

Let’s start by considering our own instincts. If I were trapped and my family was starving, I would grab the food; I suspect most readers would too. Already our instincts tell us, then, that the moral situation in which we find ourselves is different when a disaster has struck. I believe, very deeply, in the importance of strong property rules. In an emergency, however, we should interpret the rules differently…. A well-known example in the Model Penal Code posits a hiker who, trapped by a blizzard, breaks into a cabin and eats the food to survive. The hiker has taken both food and shelter without the permission of the owner. By choosing to violate a property rule rather than starve to death or die of exposure, the hiker has selected the lesser of two evils. This is one form of the defense known as “necessity,” and is generally considered to mean that there is no crime.

(You need to read the whole post to fairly consider Carter’s argument.)

Your Ethics Alarms Hurricane Harvey Ethics Quiz of the Day is…

Is looting an abandoned supermarket for food still a crime?

Continue reading →

Comment Of The Day: Morning Ethics Warm-Up, 9/1/17: …A Sarcastic Cop

/ Jack Marshall / 25 Comments

The news item involved a Georgia traffic cop being fired for a dash-cam video showing him sarcastically telling  a DUI motorist who was resisting his requests on the grounds that she had seen videos of police shooting unarmed motorists, “But you’re not black! Remember, we only kill black people. Yeah, we only kill black people, right?”

My post took the position that in the current environment for police departments, the officer had to be fired despite hsi obvious intent. Esteemed long-time commenter Charles Green articulated the opposing view, which I must admit is more ethical than mine on its face. I wonder if it is realistic, but I’m thinking, Charlie, I’m thinking.

Here is Charles Green‘s Comment of the Day on the post, Morning Ethics Warm-Up, 9/1/17: Richard Simmons, Stilettos, A Sarcastic Cop:

Regarding the sarcastic cop: as I’ve said many times in this column, I think comments have to be understood in context. This is no different.

As you note, it was obvious from the context what he meant. I’ve made the point numerous times about “black lives matter,” and about how the same words when uttered by black people have different meanings when uttered by white people.

I think this is the same. If it was obvious what he meant, then why should we defend the police department for bowing to perceived PC implications? The department should back him up and make an intelligent, forceful statement about how cops are required to make on-the-spot judgments about the individual in front of them, and not be slaves to the perception outside.

I wouldn’t even have fired him, much less go after him to make an example. By that logic, all the statues should come down (which I don’t agree with either).