fairness

Comment Of The Day (1): “Comment Of The Day: ‘Comment Of The Day: “Ethics Dunce: Old Town Sport And Health in Alexandria,VA. Why? Because White Nationalists Have A Right To Work Out Too’”

/ Jack Marshall / 60 Comments

 

Suddenly there is a bumper crop of Comments of the Day on Ethics Alarms; two more are slated for re-publication today, both in response to Spartan’s provocative opinion that she would leave a gym that allowed white supremacist Richard Spencer work out there, even if he restrained his urge to heil. 

First up is Mrs Q, a relatively recent addition to the ethics colloquy here, and one who has distinguished her self quickly for non-nonsense posts of clarity and purpose. Her reference in this post to the “socialist shithole” of Portland was especially timely: yesterday we learned that the city’s social justice warriors had driven a local burrito business to close for the offense of “cultural appropriation.”

Here is Mrs. Q’s Comment of the Day on the post, Comment Of The Day: “Ethics Dunce: Old Town Sport And Health in Alexandria,VA. Why? Because White Nationalists Have A Right To Work Out Too”:

…In my mind I don’t see myself as a quadruple minority. Yes my skin color is brown, I’m a lady married to a lady, work from home due to disability…but I don’t think of myself in terms of “special classes.” I’m probably more like a country conservative old school hippy stuck in a socialist shithole (Portland OR). However how do you think many of the young white liberals here tend to treat me? Well some dismiss me because I don’t agree with their stances. I’m called a traitor or “uncle Tom” by those who speak “anti-racism” because I don’t see myself as a victim & have no problem with people thinking so-called racist thoughts.

Continue reading →

Comment Of The Day: “Ethics Dunce: Old Town Sport And Health in Alexandria, VA. Why? Because White Nationalists Have A Right To Work Out Too”

/ Jack Marshall / 197 Comments

My initial response to this comment by Spartan on the post about Richard Spencer being harassed while trying to use his gym membership and the gym’s response of kicking him out rather than his harasser was in part:

“A very clear and well-stated exposition of an unethical point of view that many misguided people agree with…thus imperiling our pluralistic society.”

It troubles me greatly that so many intelligent Americans are thinking this way in 2017.

Here is Spartan’s Comment of the Day on the post, “Ethics Dunce: Old Town Sport And Health in Alexandria, VA. Why? Because White Nationalists Have A Right To Work Out Too”:

This guy is a public figure and he will be recognized. He chose to be in the limelight. Gym members are allowed to quit their memberships because they don’t want to work out with an asshole. Now imagine (in liberal Old Town) that 75% of the members decide to quit their memberships at this gym because they don’t want to be around him. The business will now suffer.

I used to go to this gym, and I can tell you that I would not want to be around this man. So, although I would not circulate a petition or demand that the gym expel him, I would quit my membership. And, I probably would tell all of my friends why, so I imagine many of them would quit as well. Also, keep in mind that this gym is super tiny — you are pretty much forced to interact with other members.

In this scenario, the gym might end up closing because of lack of membership. So, this is trickier than you make it out in your hypothetical. I am not obligated, as a private citizen, to be polite or even silent around odious human beings. While I do not support a gym’s decision to terminate membership based on political (although I’m being generous here) beliefs, the fact is that people can vote with their feet.

Continue reading →

Ethics Dunce: Old Town Sport And Health in Alexandria, VA. Why? Because White Nationalists Have A Right To Work Out Too

/ Jack Marshall / 76 Comments

Let me be clear what you are saying, Professor: when you engage in harassment and bullying, that’s good, but if the bad guys do the same thing, it’s despicable. Do I have that right?

Last week, controversial speaker and white nationalist Richard Spencer was working out at the Old Town Sport&Health gym where he is a member, minding his own business,  when C. Christine Fair, an associate professor at Georgetown University’s School of Foreign Service, recognized him and got in his face.

“Not only are you a Nazi — you are a cowardly Nazi,’ ” Fair says she told him.  “I just want to say to you, I’m sick of your crap — that this country belongs [to people like you]. . . . As a woman, I find your statements to be particularly odious; moreover, I find your presence in this gym to be unacceptable, your presence in this town to be unacceptable.”

Spencer called for a trainer, who happened to be black, to stop Fair and allow him to go back to working out.

“Seriously? This superior race of a white man needed the help of a female African American? What kind of martial race member is he?” Fair wrote in a post about the incident. Fair continued to harass Spencer, and another gym member stepped in to defend him. Fair said she told the woman, “Right now you’re being ignorant, and you’re actually enabling a real-life Nazi.”

So, naturally, Old Town Sport&Health terminated the professor’s membership for bullying and harassing other members.

Just kidding! It terminated Spencer’s membership for having the audacity to hold different views than Professor Fair. Whether Alexandria kicks him out of town on the same theory, as Fair believes is the right thing to do, is unknown.

Boy I hate it when people make me defend racists. I especially  hate it when smug, self-righteous totalitarians and noodle-spined, unprincipled  gym owners make me defend racists. Nonetheless, Spencer was the abused victim here, Fair was the offender, and she, not he, should have been told to work out somewhere else.

I’m so weary of reading about restaurants that give discounts to diners who pray, and bar owners who declare that no Democrats are welcome and Maine propane dealers who tell their customers that they can freeze to death if they voted for Donald Trump. I’m tired of pointing out what should be obvious to everyone in a pluralistic society, but suddenly isn’t, particularly, it seems, to proto-totalitarians like the Georgetown professor, who is doubtless hard at work indoctrinating her young charges into believing that those with non-conforming views should have their rights taken away for the greater good. I detest Spencer’s views, but I consider Fair and her kind the far greater threat to the nation, in part because there are so many of them. Continue reading →

Unethical Quote Of The Day: A Lovely, Smart, Trump-Deranged, Left-Biased Facebook Friend

/ Jack Marshall / 69 Comments

“How do we know the Trump administration is racist? well, they’re all white – and if this had been a white student murdered by a black student or immigrant student in what appears to be a racially-motivated hate crime, they’d have plenty say about it.”

—-A Facebook friend who works at Bowie State, exploiting the tragic death of a black student there at the hands of a white student from the University of Maryland, to attack President Trump in a post on his page.

How hysterical, unfair and unethical is this statement? Let’s see:

1.The administration is not all-white. Even if it was, that would not prove it was racist, except in the warped logic of progressives and social justice warriors. People like my friend know Trump is racist because that’s the narrative, and they just decided that he was, mostly by designating as  racist comments that were not, and using race-baiting as substitute for substantive arguments to support their irresponsible love of illegal immigration.

2. The assertion that simply by being white, one must be racist is itself a racist statement. (My friend is white, but this is virtue -signalling on the Left. Denigrate men, whites and conservatives, and that means you are good.)

Addendum: a commenter on the post who had the bad manners to point out that “we know they are racist because they are all white” was a questionable assertion saw his comment immediately deleted.

2. “We know you are racist because we are sure what you would do, though you have never done it.” This kind of reasoning from a faculty member is what Bowie students pay tuition for.

3. In fact, earlier this month a black student attacked and stabbed FOUR white students in Austin, Texas.

The President had no comments, though it was unquestionably a “racially-motivated” crime.  Never mind though, you know he wanted to say plenty.

4. Presidents should have nothing to say about such incidents. They are local, they are single events, they don’t prove anything, and their comments can undermine the justice system and inflame public opinion. President Obama never learned that, repeatedly making inappropriate comments about events that were none of his business, often exacerbating racial tensions, as in his uninformed, slanted statement about the Trayvon Martin-George Zimmerman tragedy. Obama also did exactly what my Facebook friend suggest is racist. He never commented on incidents where whites were the victims, as when Francisco Sanchez, a repeatedly deported Illegal immigrant,  shot and killed 32-year-old Kathryn Steinle in 2015. Does that prove Obama was a racist? Of course not! When you are in the grip of irrational Trump paranoia and hate, these standards only apply to this President, not the previous one. Continue reading →

Comment Of The Day: “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

/ Jack Marshall / 26 Comments

I am almost caught up on my backlog of Comments of the Day!

This one, by multiple COTDs author Humble Talent, is really two; I’m taking the liberty of combining his later explication with the original comment, as they follow as the night follows day. The topic is bias and double standards in the criminal justice system, and hold on to your hat.

Here is Humble Talent’s 2-for 1 Comment of the Day on the post, “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”:

You know, every now and again when I’m feeling adventurous, I go to a place I think will have a whole lot of people that don’t think like me and poke at their sacred cows. You meet all kinds of people, and recently, I was given probably one of the better answers to a gender/race issue from the other side yet.

The original fact pattern is that racial activists will cite disparate impact as a problem at every stage of an interaction with the legal system. Black people are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. All of this, by the way, is true. It doesn’t account for the five-fold disparity between the black and white prison population on a per capita basis, but it is a thumb on the scale.

The juxtaposition is that the disparity between men and women in the justice system is about six times that of the racial disparity I just described. Men are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. Sonja Starr wrote extensively on this, and despite some of her methodology being questioned, there’s general consensus that she was on to something.

So the question is that if someone is deeply concerned about inequality, that they are genuinely interested in justice for everyone, why wouldn’t you be just as, if not more concerned with the gender disparity, than the racial one? Continue reading →

The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

/ Jack Marshall / 49 Comments

Oxford University student Lavinia Woodward, 24,  punched and stabbed her boyfriend in a drunken rage, then hurled a jam jar, a glass and a laptop at him. This, in the U.S., would be called a criminal assault, and maybe even attempted murder.  Ah, but British Judge Ian Pringle knows better. He agrees these acts would normally mean a prison term, but Lavinia is a star student, and wants to be a surgeon. He hinted that he would spare her prison time so that her “extraordinary” talent would not be wasted. As poor Lavinia’s barrister, James Sturman, argued, his client’s dreams of becoming a surgeon would be “almost impossible” if she had to serve time.

Well, we certainly mustn’t jeopardize a violent felon’s dreams.

This kind of reasoning is infused with The King’s Pass, also known as The Star Syndrome, the rationalization making the perverse unethical argument that the more talented, prominent, useful and important to society a miscreant is, the less he or she should be accountable for misconduct that nets lesser lights serious and devastating consequences:

11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?”

One will often hear unethical behavior excused because the person involved is so important, so accomplished, and has done such great things for so many people that we should look the other way, just this once. This is a terribly dangerous mindset, because celebrities and powerful public figures come to depend on it. Their achievements, in their own minds and those of their supporters and fans, have earned them a more lenient ethical standard. This pass for bad behavior is as insidious as it is pervasive, and should be recognized and rejected whenever it raises its slimy head.  In fact, the more respectable and accomplished an individual is, the more damage he or she can do through unethical conduct, because such individuals engender great trust. Thus the corrupting influence on the individual of The King’s Pass leads to the corruption of others.

Judge Pringle is taking the King’s Pass/Star Syndrome to a new low: he’s arguing that Lavinia should receive special treatment based on how valuable to society she might be, given enough immunity from the consequences of her own conduct.  Continue reading →

The Legal Profession Appears To Have A Serious Character Standards Problem…

/ Jack Marshall / 15 Comments

I refer you, for context, to the recent post about Shon Hopwood, Georgetown Law Center’s former bank-robber, former federal prisoner professor, who was welcomed into membership in the D.C. bar…like me.

Now comes word that Tarra Simmons, a third-year law student, convicted felon and former drug addict, who in December won a Skadden Fellowship to help people recently released from prison, was told by the Washington State Bar Association that she did not possess the character to make her a trustworthy lawyer.

Tarra was a magna cum laude law school graduate, and co-chairs Washington’s Statewide Re-Entry Council.  She recently received a gubernatorial appointment to the state’s Public Defense Advisory Committee, and was selected by the dean of Seattle University School of Law to receive the school’s dean’s medal this year.

Nevertheless, the character and fitness board’s vote against Simmons was not even close, at 6-3.

A registered nurse for 11 years, Simmons became addicted to prescription drugs and methamphetamine after her father died, as she self-medicated for depression. In 2011, she was charged with felony theft, drug possession and gun possession, pleaded guilty, served 20 months in state prison. She says she  wants to assist former justice-involved individuals, as  a lawyer who has lived their experience, so they “can overcome barriers and rejoin society.”

But Tarra cannot cannot take the Washington Bar examination without getting a positive  character and fitness recommendation, and that looks unlikely. She’s appealing to the Washington Supreme Court, but traditionally that forum is tougher in assessing the  character and fitness of  potential admittees.

I think her course now is obvious: move to the District of Columbia. The bar there will surely see no reason to doubt her character.

After all, it’s not like she robbed a bank.

__________________________

Pointer: ABA Journal

Ethics Quote Of The Week: The New York Times

/ Jack Marshall / 25 Comments

“In passionate testimony before county legislators, and in tense debates with liberal neighbors born in the United States, legal immigrants argued that offering sanctuary to people who came to the country illegally devalued their own past struggles to gain citizenship. Some even felt it threatened their hard-won hold on the American dream.Their objections stunned Democratic supporters of sanctuary here and helped bring about the bill’s demise in March. A similar proposal for the state collapsed this month in the Maryland Senate, where Democrats also hold a two-to-one advantage. Some of the same immigrants spoke out against it.”

— New York Times reporter Sabrina Tavernise,in a story headlined, “Sanctuary Bills in Maryland Faced a Surprise Foe: Legal Immigrants”

Boy, that’s amazing! Who would have guessed that legal immigrants to the United States support the rule of law?

To the utter surprise of Democrats, some people are citizens and Americans first, and don’t believe that their color, ethnicity, religion or gender should get in the way of the core principles at the heart of our culture and history.

__________________

Pointer: Amy Alkon

You Asked For It: There are Indeed Ethics Issues Raised By Inexplicable Choking In The NBA Play-Offs

/ Jack Marshall / 24 Comments

Prolific commenter slickwilly wrote in one of the Comey threads,

Jack, we need a post on how the Spurs were aided in their win by either a) James Harden point shaving, or b) someone slipped him date rape drugs How ethical are the accusations?

I had been vaguely aware of the surprise rout the short-handed San Antonio Spurs inflicted on the Houston Rockets to win their NBA play-off series, but as the NBA is far-off my ethics radar due to the fact that I consider it a fake sport played by too many ethically-challenged athletes who achieved fame and wealth thanks to the corrupt college basketball system,  a direct query like this was required to get my attention. Here is what happened, courtesy of the Sporting News, as the Houston Rockets superstar delivered an epic choke when his team needed it most:

With Kawhi Leonard and Tony Parker out for Game 6 of the Western Conference semifinals, James Harden was expected to dominate the Spurs.

Instead, Jonathon Simmons and LaMarcus Aldridge led a perfectly executed game plan by Gregg Popovich to hold Harden and the Rockets to just 75 points in a 39-point win. Harden made just two field goals, had six turnovers and registered a minus-28 as Houston shot just over 30 percent in the loss.

The Washington Post later elaborated on the shocking details:

In the wake of the Spurs’ playoff series-clinching, 114-75 rout of the Rockets on Thursday, it was hard to know which was more shocking: that San Antonio could play so well without Kawhi Leonard and Tony Parker, or that James Harden could play so poorly. The Houston star scored just 10 points on 2-of-11 shooting in more than 36 minutes of play, looking nothing like a leading contender for NBA MVP honors…Harden not only failed to take advantage of the absence of the league’s best perimeter defender, he was stunningly ineffective in the final four minutes of regulation and through the five-minute overtime period. In that span, Harden scored four points on 1-of-6 shooting, turned the ball over four times, and committed two costly fouls, including an offensive foul on what could have been a game-winning possession with seconds left in regulation.

This is not just an example of a star player having a bad game, like “Casey at the Bat.” Harden is regarded as a strong contender for the 2017 NBA MVP award. Nobody could remember a similar example of a healthy NBA super-star playing so poorly for so long in a crucial play-off game, and there is no sport where a single great player’s performance can make the difference between victory and defeat more surely than basketball. Harden has not explained his flop, so people are making excuses for him. The popular  theory seems to be that he was suffering from a concussion following an elbow to the head suffered in the previous game two days earlier. This is pure speculation, however, and as the Post notes, Continue reading →

Aaron Hernandez And The Weird Legal Doctrine Of Abatement Ab Initio

/ Jack Marshall / 7 Comments

The predator priest, the corrupt CEO, and the murderous Patriot, all innocent because they’re dead….

Massachusetts judge Judge E. Susan Garsh ruled that the state’s law required her to vacate the 2015 murder conviction of former New England Patriots star Aaron Hernandez. Because Hernandez’s appeal was pending when he committed suicide in his cell, she said,  the common law doctrine known as abatement ab initio applied: a defendant’s death before an appeal erases his conviction. Prosecutors argued that Hernandez’s purpose in hanging himself on April 19 was to to void his conviction, but Judge Garsh responded that she was bound to follow state law anyway, especially since Hernandez’s motives were unknown. She had presided at the trial in which a jury found Hernandez  guilty beyond a reasonable doubt of the murder of semi-professional football player Odin Lloyd.

The fact that some legal and ethical puzzles have proven unsolvable despite troubling lawyers, judges, legislators and scholars for decades (and sometimes centuries) is one of the best proofs I know for The Ethics Incompleteness Principle, which holds that no rule or principle makes sense in all circumstances, and that human beings are incapable of articulating perfect laws and rules that will work as intended in every case. Abatement ab initio is a classic example.

Abatement is the dismissal or discontinuance of a legal proceeding “for a reason unrelated to the merits of the claim.” It is available in both a civil and  criminal context. Traditionally, the death of a criminal defendant following conviction  but before an appeal can be made mandates abatement. The effect of  the doctrine is to discontinue all proceedings  and to dismiss the appeal as moot, overturn the conviction, and dismiss the indictment. The deceased defendant reverts back to his status before being charged. In the eyes of the law, he is innocent…again. Continue reading →