fairness

Unethical Op-Ed Of The Month: “Don’t Weaken Title IX Campus Sex Assault Policies” (The New York Times)

/ Jack Marshall / 37 Comments

Do you know what this monstrosity of an op-ed finds outrageous about Betsey DeVos’s efforts to undue the Obama administration’s “guilty unless proven innocent”  standard for campus rape allegations?  It involves too much due process, as in basic fairness before a citizen is grievously punished and harmed by the determination that he or she has committed a crime.. The authors, Jon Krakauer and Laura L. Dunn, put it this way:

“…the defendant is presumed at trial to be innocent — which encourages scrutiny of the accuser.”

Damn right it does. Before someone is punished for a vile crime like rape or sexual assault, the accuser’s credibility and motives must be established. Astonishingly, with all the horrific examples of men being falsely accused of rape, like here, here, and here, the campus activists, feminists, progressives and the social justice warriors continue to insist that any female accuser should be presumed to be a victim, meaning that the accused is de facto presumed to be guilty.

“Sex-crime trials, like all criminal proceedings, set an extremely high bar for conviction to diminish the chance that an innocent person will be unjustly incarcerated. In contrast, the harshest penalty a university can inflict in a Title IX hearing is expulsion, an outcome that does not demand such a stringent burden of proof. In these hearings, neither party is favored, and by leveling the procedural playing field, Title IX makes it more likely that students will report sexual violence.”

The problem with this supposed fairness of “neither party is favored” is that for one party, there are no negative consequences of an insufficiently-supported accusation being rejected. For the individual accused, the stakes are far greater, life altering and potentially dire. More:

“Whenever a student is accused of sexual assault, university administrators need to render their judgment with tremendous care, because erroneously determining that a student is responsible for sexual misconduct can cause lasting harm. But just as much care needs to be taken to make sure that students who commit sexual assault are not let off the hook.”

In other words, the ends justify the means. This is the same mindset expressed in 2015 by Democratic Congressman  Jared Polis, at a congressional hearing on campus sexual assault. 

He said, earning him an Unethical Quote and an Incompetent Elected Official designation on Ethics Alarms,

“If there’s 10 people that have been accused and under a reasonable likelihood standard maybe one or two did it, seems better to get rid of all 10 people. We’re not talking about depriving them of life or liberty, we’re talking about their transfer to another university.”

Krakauer and  Dunn similarly shrug off the consequences to a young man of being falsely tarred as a rapist and kicked out of school: it’s not like staying in the college you enrolled in is a right. Like Polis, they pretend that there are minimal adverse life consequences from being branded a rapist. Continue reading →

Lying To Us To Make Us Feel Better: Those Fake Crosswalk Buttons

/ Jack Marshall / 75 Comments

In the classic science fiction story “The Marching Morons”  by American writer Cyril M. Kornbluth,  the world hundreds of years in the future is a reverse-eugenics nightmare. Between centuries of intelligent people not having children (perhaps to address climate change?) and excessive breeding by fools and dolts, the typical member of the public has an IQ of around 45, while an elite few who have IQs of 100 or more work around the clock to save the world, and the morons, from chaos. One of their tricks is to manufacture cars that make lots of noise and create the illusion of high speeds to fool the morons, who are (as we all know) wretched drivers. In truth, the cars crawl along more slowly than tricycles.

I thought of this when reader and frequent commentator here Charles Green noted in his excellent newsletter that those buttons at pedestrian crosswalks in major cities are an intentional fraud on the public, a placebo to keep us calm and feeling in control when we are not. Charles link was to my old hometown paper, the Boston Globe, but it’s behind a paywall. Never mind, though: newspapers have periodically been noting this phenomenon for years. They apparently think it is amusing. It isn’t.

The New York Times reported in 2004 that the city deactivated most of the pedestrian buttons long ago with the advent of computer-controlled traffic signals.  Today there are 120 working signals; about 500 were removed during major construction projects. But it was estimated that it would cost $1 million to dismantle the rest of non-functioning mechanisms, over a thousand of them, so city officials decided to keep them in place. And people keep pushing them. After all, sometimes, by sheer luck, the light changes soon after the button has been pushed. It works!

Tribal rains dances “work” the same way.

ABC News reported in 2010 that it found only one functioning crosswalk button in a survey of signals in Austin, Texas.; Gainesville, Florida, and Syracuse, New York. Other studies have turned up similar results in dozens of other cities. To be clear, presenting a button to pedestrians that is represented as a legitimate tool to cross the street when in fact it does nothing is a lie. It is an intentional falsehood, designed to deceive. Continue reading →

Morning Ethics Warm-Up: 8/1/17

/ Jack Marshall / 49 Comments

 

Good Morning, World!

1. Follow-Up on the 7/28 morning post: Sometimes a popular public figure’s words and conduct so obviously show a deficit of character that I wonder if those who admire him or her are not paying attention, or are creeps themselves. “Harry Potter” author J.K. Rowling is officially in this category. First, I do not care for foreigners who obsessively bash our leaders, however bashable. They don’t have standing, in most cases, and their opinions are by definition uninformed if they don’t live here. Most obnoxious of all, however, in Rowling’s case, was her indefensible conduct regarding her recent infamous fake news tweet that circulated to her mob of followers a deceptively edited video showing President Trump cruelly ignoring a boy in a wheelchair, when he in fact stopped, crouched, and spoke to the child. She did this (“When someone shows you who they are, believe them.’ – Maya Angelou” was the snotty accompanying comment) on July 28, and the same day it was widely debunked, with the actual video being circulated on the web. No response came from Rowling, even as her tweet and libel continued to be liked and retweeted by “the resistance.”

On July 30, even CNN’s Brian Stelter, with extra time on his hands because his alleged news media ethics show avoids criticizing bias in the news media, flagged the bad tweet, and asked why Rowling hadn’t retracted it. Come on, Brian, you know why! It is for the same reason CNN continues to use unethical journalism to attack the President: they don’t believe he’s worthy of fairness or honesty.

Finally,  after various conservatives dredged up this year-old tweet from Rowling to show her hypocrisy and shame her with her own chosen words…

…and after left-wing, fellow Brit Trump-basher Piers Morgan expressed frustration with her, and after PunditFact, a spin-off of PolitiFact, rated Rowling’s claim “Pants on Fire,” and after the boy’s mother herself denied that Rowling’s version occurred, the author finally retracted the tweet and took it down. She also tweeted this unethical apology:

Re: my tweets about the small boy in a wheelchair whose proferred hand the president appeared to ignore in press footage, multiple sources have informed me that that was not a full or accurate representation of their interaction. I very clearly projected my own sensitivities around the issue of disabled people being overlooked or ignored onto the images I saw and if that caused any distress to that boy or his family, I apologise unreservedly. These tweets will remain, but I will delete the previous ones on the subject.

This is a miserable apology, containing the stinking tell of the non-apology apology, “if anyone was offended” in this case the equivalent “if that caused any distress.”  The two people she non-apologizes to had no reason to be “distressed,’ since the tweet wasn’t an attack on them. This is not an apology at all, since it does not apologize ..

…to the person fraudulently attacked, President Trump, as well as his family and supporters

…to those deceived by her retweeted lie, and

…to the people who trusted her and became accessories in the false attack

…for taking four days to take down a lie that had been thoroughly exposes as one.

On the Ethics Alarms Apology Scale, it is a bottom of the barrel #10:

An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.

This rot is actually worse than a #10, as Rowling dares to ladle soppy virtue-signalling onto it. She only falsely attacked the President of the United States and spread a lie around the world because she is so, so sensitive and concerned about the treatment of handicapped people! Don’t you understand? It’s because she’s so compassionate and good that this happened!

It is my experience that good people can usually manage a sincere and remorseful apology to those harmed by their words or conduct.

2. This unethical lawsuit could sustain a stand-alone post, but I refuse to devote one to it as a matter of principle. Continue reading →

A Congress Of Assholes*? Maxine Waters Demolishes Basic Principles Of Ethical Comportment

/ Jack Marshall / 14 Comments

*The headline relates to this and related posts.

I’ll spare you the horror of having to watch the entire video above, and display the transcript of Watts Rep. Maxine Waters as she abused Treasury Secretary  Steve Mnuchin at a House Financial Services Committee hearing this week. Waters continued to interrupt Mnuchin as he attempted to answer her hostile cross-examination. Her mantra “reclaiming my time” expressed her ridiculous position that any words from the guest of the committee that didn’t specifically address her questions to her satisfaction was an intrusion on her time for shameless grandstanding. Note the committee chairman’s explanation to Mnuchin that while the rules can direct how testifiers should be treated, they cannot dictate how they will be treated. In other words, if a member is determined to behave like a rude, disrespectful jerk, she will.

Here’s the mind-blowing transcript. It didn’t literally blow my mind, hence no KABOOM! designation, because Waters is such a well-known and beyond a shadow of a doubt hyper-partisan fool and embarrassment to the nation that pretty much nothing she might do or say can shock me sufficiently. Does it not occur to Africa-American majority districts that electing Representatives this incompetent, shrill and offensive is not in their best interest, even though the Democratic Party and the news media bend themselves in half to pretend she isn’t a disgrace.

Transcript:

Continue reading →

A White House Of Assholes?* This Post Has Everything: An Ethics Dunce, An Unethical Quote Of The Month, An Incompetent Elected Official And, Of Course, KABOOM!

/ Jack Marshall / 104 Comments

I wouldn’t have thought that a Trump Administration employee’s unethical conduct could make my head explode. I thought I was safe. After all, my hopes may be too high, but my expectations are so low. But there are my brains, dripping off the ceiling.

President Trump has a ludicrous burning crisis of chaotic management, undisciplined leadership, incompetent subordinates and mass competition for the National Foot-Shooting Championship. I suggested that months ago that this could only be addressed by the President appointing an experienced political professional with proven management skills and leadership ability to whip the White House into shape. President Trump had a better solution to the burning crisis: throw the human gasoline named Anthony Scaramucci  on it!

Brilliant!

What an idiot.

Yes, the Incompetent Elected Official of this post is President Donald J. Trump.

But the rest is all Scaramucci, the new White House Communications Director with no experience or acumen in the field of communications and public relations. This was immediately evident from his first substantial communication with the news media,  a vulgar, unprofessioal, undignified, embrrassing and vicious phone interview with the New Yorker’s Ryan Lizza unlike any interview by any White House figure ever.

Highlights, or rather points of signature significance, each showing that a) the man is an arrogant asshole and 2) President Trump possesses no judgment in his choices of staff whatsoever. Negative judgment.

1. He said, “I’m not [Trump advisor] Steve Bannon, I’m not trying to suck my own cock … I’m not trying to build my own brand off the fucking strength of the President. I’m here to serve the country.”

2. After Lizza asked Scaramucci about a private dinner that he had with President Trump,  Scaramucci boasted: “I fired one guy the other day. I have three to four people I’ll fire tomorrow. I’ll get to the person who leaked that to you. Reince Priebus—if you want to leak something—he’ll be asked to resign very shortly.” Continue reading →

Law vs. Ethics In Baseball: The Great On-Deck Circle Controversy!

/ Jack Marshall / 37 Comments

What’s going on here?

During last night’s Texas Rangers, in a crucial moment with the bases loaded, Rangers third baseman Adrian Beltre, waiting for his turn at bat,  suddenly turned up within a few of yards of home plate, watching a pitcher he wasn’t familiar with to give Beltre an edge when he got to the plate. Baseball’s rules, however, require that the next batter remains in the on-deck circle provided, which is closer to the dugout and not behind home plate. Reasons for this include making sure that on-deck batters don’t interfere with play, can’t relay stolen signs to the batter, and aren’t killed by foul balls.

The home plate umpire called time and told Beltre to get back in the on-deck circle. Beltre then moved the on-deck circle to where he had been standing.

The umpire threw him out of the game, and rightfully so. Continue reading →

The Strange World Of Magic Ethics

/ Jack Marshall / 12 Comments

A recent controversy surrounding a hit magic show on Broadway has resurfaced an ethics tangent I was aware of but had forgotten about: magician ethics.

Magician Derek DelGaudio accused another magician of surreptitiously recording a video of an effect during a performance last month of his one-man show, “In & Of Itself.” The rival magician denied the allegation—it’s complicated, and you should read the whole tale here-–but the basic problem arises from the nature of magic tricks. They can’t be patented, because the patent would reveal how the magic trick was done in a publicly available source. This means, however, that a magician whose unique illusion he or she labored on and developed at great expenditure of time and expense can be stolen by another magician with the illusion’s creator having no legal recourse.

For a field that is all about fooling and deceiving people (who have consented to being deceived), magic has old and well-developed ethical traditions. Houdini, who took his name from a french magician named Robert Houdin, later exposed his role model as an unethical magician whose most famous illusions were stolen from other conjurers without payment or credit. Still, if a magician can figure out how another magician’s trick is performed by simply watching it, nothing legally or ethically dictates that that magician can’t perform the illusion as well. However, since magic is practiced by people who deceive for a living, it should come as no surprise that unethical practices are rampant. Continue reading →

Morning Ethics Warm-Up: 7/25/17

/ Jack Marshall / 32 Comments

Good Morning!

1. The National Review began its story on this topic thusly:

“California and New York will become the first states to allow illegal immigrants to practice law and be sworn in as lawyers. In so doing, they will grant the privilege of upholding the law and defending the U.S. Constitution to people who have intentionally violated the rules, and who have no right whatsoever to be here.”

This is a fair and objective description. I detest conservative radio talk show host Micheal Savage, who wrote a right wing attack tome called “Liberalism is a Mental Disorder” just as I detest that title, and the approach to civil discourse and political disagreements that goes with it. (Ann Coulter preaches the same message, but is funnier when she does it.) However, when I read about things like this, I feel a magnetic pull to the position. In 2013, Governor Brown  signed into law a provision allowing illegal immigrants to be awarded licenses to practice law in the state California. At the same time as he vetoed nother bill passed by his reliably wacko legislature that would have allowed those who would not obey the nation’s immigration laws to be eligible to serve on juries, and thus pass judgment on the alleged crimes of U.S. citizens. Ponder that contrast for a minute, and see if your head explodes. Brown had a convoluted explanation for the seeming contradiction, but what he was doing was obvious: he was pandering to illegals and their supporters. Serving on juries is an obligation of citizenship that citizens find onerous: telling illegals that they didn’t have to meet this obligation while still harvesting citizenship benefits was a welcome decision.

At the time I wrote,

“I am not surprised by this turn of events, just made nauseous by it. I almost closed comments for this post. If I really have to explain to someone why those who have never taken affirmative steps to become citizens in this country should not be allowed to practice its laws after years of being in defiance of its laws, I’m not sure its worth the effort.”

Continue reading →

Pro Football Finally Gets An Ethics Call Right!

/ Jack Marshall / 13 Comments

 

So, naturally, it is being attacked.

The Pro Football Hall of Fame invites every Hall of Famer to its annual enshrinement ceremony  When asked whether O.J. Simpson, the acquitted double-killer and the newly paroled convicted burglar/kidnapper who was enshrined in 1985, will be invited to the next ceremony, the Hall of Fame told ESPN, “All Hall of Famers are invited to attend the annual enshrinement.”

This is the Bill Cosby bust story in reverse. Like Cosby, O.J.’s honor was earned before his character issues were known, and in Simpson’s case, before he embarked on an avocation as as a knife murderer. The honor was based entirely on what Simpson did on the football field, and nothing he can do subsequently can change that record, which was and is deserving of recognition. It would be a different question (though, I believe, demanding the same result) if Simpson were a member of baseball’s Hall of Fame, which has a character requirement. Not pro football. O.J. is the only murderer, but felons abound. One of the greatest running backs ever, Jim Brown, repeatedly beta up his girl friends, and that was before he was enshrined.

Has Simpson embarrassed his league, his sport and the Hall? Sure he has. Is he a pariah in the NFL? Boy, I hope so. But no Hall of Fame should try to constantly re-qualify its members once they are admitted. What standards would justify de-busting? Universities like Princeton and Yale are doing too much of this kind of thing already. O.J. Simpson was a great football player. As the song says, they can’t take that away from him. Nor should they.

However, Simpson, being treated ethically by the Hall, should show his gratitude and respect it  by never darkening its door again.

 

Welcome To Incompetent Leadership And Toxic Management: President Trump’s Jeff Sessions Attack

/ Jack Marshall / 37 Comments

I detest bad leadership. I’ve studied leaders since I was 11, and studied management since I was 19. Incompetent leadership and inept management cripples business, the arts, sports, education, government, civilization, the world. I seldom see as horrible an example of both as in the case of President Trump’s verbal tirades against his own Attorney General,Jeff Sessions, first to Republican Senators at a White House dinner on this week,  and later in an interview with the New York Times. Sessions responded to his boss’s disgraceful behavior by saying that he intended to serve “as long as that is appropriate.”

The only reason it would be appropriate for anyone to work for a leader, executive, manager or supervisor who treats subordinates this was is patriotism. The nation has to be managed; the government has to function. Other than that, no one with honor, self-respect or a sense of responsibility should voluntarily subject themselves to the kind of abuse this President offers.  Reportedly the President insists on loyalty, but loyalty has to be minimally reciprocal. Criticizing a subordinate in public, as with the press, or in private, behind that subordinate’s back, is the equivalent of sin for any leader. It is cowardly. It’s unfair and disrespectful.  It is irresponsible, incompetent and stupid, stupid stupid. Continue reading →