fairness

Incompetent Elected Official Of The Month AND Unethical Quote Of The Week AND… KABOOM!: Rep. Jared Polis (D-Co.)

/ Jack Marshall / 21 Comments

head blows“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.”

—-Colorado Democratic Representative Jared Polis, at this week’s congressional hearing on campus sexual assault.

Well, this statement made my naive, idealistic brain explode. I’m such a sap; I really still reflexively want to respect lout elected leaders, and assume they aren’t anti-democratic, totalitarian, arrogant, mean-spirited ideologues with the brains of a mole rat. What’s the matter with me? Reading a quote like this actually hurts me. It makes me want to give up, move to Madagascar, or punch the nearest smug progressive in the face.

Sure, why not kick a student out of the school he was admitted to and planned his life around because some woman accused him of unproven sexual assault? Fairness and process don’t matter; what matters is satisfying a Democratic party core constituency. If some injustice results and some innocent lives are disrupted, who cares, as long as the victims are males?

I can’t trust or respect an individual who says something this ineffably wrong and un-American to its core. Polis is a Princeton grad, a rich and brilliant entrepreneur, gay, and supposedly a civil rights advocate. Yet he thinks it is reasonable to kick a young man out of school if there’s a 1 in 5 chance that an accusation of sexual misconduct is accurate. How can this be? Is he hostile to heterosexual males? Is he a rank hypocrite? Continue reading →

The Greensboro College “It Stops Here” Ethics Train Wreck

/ Jack Marshall / 12 Comments

Everybody’s unethical here.

As usual, however, it starts at the top.

It Stops HereGreensboro College in North Carolina  adopted a new policy on student sexual misconduct, and it requires all first year students to attend a performance of  a one hour play, “It Stops Here,” written and directed by student Michaela Richards, based upon “accounts of sexual assault submitted by survivors.”

Ethics Foul 1 (Greensboro): A female-authored play based on “survivors” accounts is a one-sided, biased and ideological work by its very nature. Do we know that the real incidents are being fairly represented, or would the claims of a “Mattress Girl” be included? Presumably proof of “sexual assault” is being validated by the infamous “Dear Colleague” letter from the Obama Administration that has led to multiple examples of male students being harshly punished in violation of basic due process principles.  It is entirely written from a woman’s/alleged victim’s point of view, and thus certain to be received as hostile and unfair by male students.

Ethics principles violated: Responsibility, honesty, fairness, competence.

Ethics Foul II (Greensboro): Using a work of fiction to inform students about a policy is incompetent. Fiction is always infused with the viewpoint, agendas and biases of the playwright; in this case, such a work is bound to be political. A sincere effort to instruct students on policy should have no political content at all.

Ethics principles violated: Abuse of power, responsibility, respect, competence.

Ethics Foul III: Forced viewing of a work of art isn’t instruction, but indoctrination. In a play, any audience member should have the option of walking out. This is especially true of a play written and performed by amateurs. “The student actors on stage are telling stories of an extremely sensitive nature that should be viewed in a respectful manner,” the president of the college said. “We expect no less of our students, who should know better than to make light of an extremely serious subject that affects us all.” WRONG. Forcing students to watch a play consisting of a slanted view of the sexual assault issue on campus is not respectful. It is, in fact, an insult and a provocation.

Ethics principles violated (Greensboro): Abuse of power, respect, fairness, prudence, regard for personal autonomy.

When people, especially young people and especially American young people who, thank heaven, are still imbued by the culture with a natural detestation of arrogant authority and the courage to defy it, are commanded to do something they shouldn’t be, like to watch an agitprop play, they tend to resist. They did, too:

Members of the audience frequently heckled the cast and shouted sexually explicit remarks.“Many of the boys started calling out ‘She wanted it, it’s not rape,’ and making masturbation noises,” stage manager Claire Sellers told a local news station. Sellers said the remarks were so excessive that cast members “became physically ill and vomited after the show because they were so vulgar.”

Continue reading →

A Nation Of Assholes: The Ultimate, Undeniable And Crucial Reason Donald Trump Must Never Be President

/ Jack Marshall / 68 Comments

assholesI have had this essay ready to go for at least a month; I honestly didn’t think it would be necessary to post it. Nonetheless,  I kept in on the bench, just in case. I was confident that the point to be made was too obvious, and that even those bitter, angry, irresponsible, ignorant whateverthehelltheyares who are keeping Trump’s candidacy afloat—and thus making it more difficult to sort out the real candidates—would have figured it out by now. I was wrong.

There are lots of reasons why Donald Trump shouldn’t be anyone’s candidate to be President. He is a narcissist, for one thing, and that is a pathology. Narcissists are dangerous in positions of power. He has no experience in politics, which he appears  to believe, based on his statements, consists primarily of bribing people, since that is what it largely means in his eternally corrupt businesses of construction and gambling, and pitching them things, which is not the same as persuasion.  He seems to think leading a company and leading a nation are similar jobs: they are not, though they involve some common skills. Trump is largely ignorant of most issues facing us, and takes pride in winging it, simply saying the first thing that pops into his mind. What Presidents of the United States say have cascading impact: think about the horrible consequences of Obama’s infamous “red line” statement, which has led to the willingness of despots and terrorists to defy U.S. interests and warnings, confident that nothing would be done by a confrontation-averse President. Anyone assuming President Trump would be different in this regard from candidate Trump is the sort of person who would trust Iran to follow a nuclear agreement, a current monstrosity that is also, in part, the result of Obama’s “red line” gaffe.

The one area where Trump has actually put forth a fleshed-out policy is red meat nonsense, completely unworkable and impractical, as well as offensive to core American values. That is his absurd “Deport them all, build a wall, amend the Constitution” illegal immigration prescription. Yes, the illegal immigration joint negligence perpetrated by greedy business interests and cynical Democratic party strategists who would trade the best interests of the nation and the rule of law for long term demographic trends favoring their party is infuriating and frightening. Still, proposing ludicrous solutions that can’t be accomplished (even if sane people wanted them to be) is neither a mark of intelligence nor responsible leadership.

Beyond immigration, Trump is all generalities and posturing. He’s “tough.” Tough can be good; tough without principles, and Trump appears to have none, is, by turns, bluster, stubbornness, cruelty, recklessness and bullying. Donald Trump really seems to have no regard for ethics at all, which makes him, by definition, untrustworthy. Being untrustworthy is an ethical deficiency no leader can have. Continue reading →

Welcome To My World

/ Jack Marshall / 23 Comments
Suicide jokes, however, are fine...

Suicide jokes, however, are fine…

In the ethics CLE (Continuing Legal Education) world, seminar attendees rank presenters. Ethics is a much-detested topic; if you can crack 3 (out of 5, the best), you are doing well. My scores are usually between 4.6 and 4.9.

Attendees are also invited to write comments. I recently received the survey summaries from an out-of-state seminar I taught to a section of that state’s bar. The response during an immediately after the seminar was terrific, so I expected my usual ratings. The coordinator sent me an e-mail stating that my scores were “very good overall” (4.7, in fact) but that there were “concerns about a rape joke in my presentation.”

There was no rape joke in the session. I don’t make rape jokes.

I had been talking about Donald Trump’s lawyer, in an incident I posted about here, incompetently saying that “you can’t rape your spouse.” “You can rape your spouse,” I said. “I have this image of hopeful spousal abusers reading this idiot’s comments and saying, “This is great!”

I wrote back to the coordinator and said that I wanted my objection to this characterization in my files and on the record. I know how it works. All that is remembered later is the complaint, and groups, even bars, are controversy averse. Next year, when they are deciding whether to have me speak, all that has to happen is for someone to say, “Wasn’t there some rape joke he made that we got flack for?” That would be enough; nobody would check, nobody would investigate. I would be eliminated as a potential speaker, probably for all time. They might even tell another bar association about the episode when they are called about whether to use me. “Well, his seminar was popular, but there was some problem about a rape joke he told.”

I asked to see all the surveys. The “concern” about my “rape joke” consisted of exactly one anonymous comment out of a hundred attendees.

I would estimate political correctness hyper-sensitivity by single attendees cost me about a client a year. The other members of their groups have to be saddled with boring ethics seminars because one lawyer had to prove how vigilant he or she was in being properly offended.

(Now THIS is a rape joke...and I would never tell it.)

Elle’s Paul Ford: Nominee For Most Unethical Father Of The Year (Non-Criminal Division)

/ Jack Marshall / 40 Comments
"We're giving one of you most of our money, because we already know the other one won't need it."

“We’re giving one of you most of our money, because we already know the other one won’t need it.”

Bias, as we say here often, makes you stupid, and social justice delusions unmoored from facts, ethics, common sense and reality make you spectacularly stupid.

A nauseatingly self-congratulatory feature by Elle writer Paul Ford was introduced by the women’s magazine this way:

“As Paul Ford’s twins grew, he couldn’t stand the fact that his daughter would always lag behind his son financially. Then he hatched a brilliant plan….”

Here’s the brilliant plan, in Ford’s own words: Continue reading →

Colbert And Matthews: You know, Guys,The American Public Deserves Better Than This.

/ Jack Marshall / 32 Comments

Stephen Colbert

What we  deserve is fairness, truth, respect, and not to have the people with the biggest megaphones working overtime to mislead, corrupt and indoctrinate us.

First, Stephen Colbert.

The media drooling over Colbert taking over for David Letterman has been embarrassing and itself a symptom of anti-conservative bias. Colbert is versatile, smart and funny, but we have many such performers. He is only lovedlovedloved—as opposed to appreciated and admired– because he mocked Republicans and conservatives. and no one else, on his Comedy Central show. (So did Letterman on CBS in his dotage, but Colbert is sunnier and smarter than Dave.) Colbert can be another knee-jerk liberal mouthpiece if he chooses, but its a boring choice and ultimately diminishing: there is ample ammunition for satire and mockery in the conduct of all politicians. Representing otherwise on a big stage every night in an election year will ultimately become an exercise in cultural indoctrination and lazy punditry, like Bill Maher playing to the approving screams of his atheist, drug-loving, progressive audience. Maybe Colbert will get good ratings this way, but it’s not what he suggested would be his course in the run up to yesterday’s premiere on CBS.

I won a bet that I hoped he would lose: I bet that Colbert would mock Trump, and leave Hillary alone. And so he did. Maybe he will make up for this in later shows, but I doubt it very much after his demeanor last night. Trump is an easy mark: Conan has been mocking him for years. But it is Hillary who has provided the best material for a genuine, Equal Opportunity satirist, especially her Manchurian Candidate, robotic “apology” statement from earlier in the day. Talk about creepy…and, if the possibility didn’t exist that this pod person might end up in the White House, comedy gold:

Especially since she didn’t genuinely apologize for anything. Continue reading →

Ethics Observations On The Great “2015 Best American Poetry” Scandal

/ Jack Marshall / 25 Comments
William Wordsworth (April 7, 1770-April 23, 1850)

William Wordsworth (April 7, 1770-April 23, 1850)

Sherman Alexie is the editor of the 2015 edition of Best American Poetry, an annual anthology that came out this week. One of his choices for inclusion was “The Bees, the Flowers, Jesus, Ancient Tigers, Poseidon, Adam and Eve” by Yi-Fen Chou.

After being informed by Alexie that his short poem, previously published in a small journal, had been honored with selection,  Yi-Fen Chou contacted Alexie to reveal that he wasn’t Yi-Fen Chou, but boring, white, privileged  Michael Derrick Hudson of Fort Wayne, Indiana.

Hudson explained to Alexie, and in his bio for the anthology, that he had posed as an obscure Asian poet rather than as an obscure WASP poet after his poem was rejected by 40 different journals when it was submitted under his real name. He decided to test his theory that the poem would suddenly seem better to editors if it had a little pro-diversity, cultural bias behind it. He was right. Now two editors had favored it.

Alexie left the poem in the collection, with the poet’s real name, and has been attacked for doing so, from all sorts of angles. Hudson has received criticism as well. Alexie wrote a heartfelt, thoughtful, and self-contradictory explanation of why he thought he did the right thing. Read it, if you can stand it. Also worth reading is Jesse Singal’s essay, inspired by this rhyme-crime, in New York Magazine about bias.  His most useful statement—“It can feel threatening to acknowledge that we are all susceptible to bias. The reality is that it’s simply a part of being human”—is wise. Otherwise, he is far too kind to Alexie simply because he was transparent and thoughtful in analyzing his conduct. Transparent and thoughtful Alexie is. He is also wrong.

Observations: Continue reading →

The Dissing Of Judy Carne: Wait, Aren’t Newspapers Supposed To Make Us BETTER Informed?

/ Jack Marshall / 24 Comments

CarneWitness this bit of “information,” courtesy of Washington Post writer Justin Wm. Moyer on the occasion of the death of Judy Carne, Rowen and Martin’s Laugh-In’s “Sock it to me” girl:

“The joke now seems as cruel — and as difficult to explain to millennials — as it seemed hilarious in the 1960s: A young, lithe woman, often in a miniskirt or less, stands onstage. She announces that it’s “sock-it-to-me time.” Then, she is hit with a bucket of water, or dropped through the floor, or otherwise clobbered in some form or fashion.“

Is the Post now recruiting its feature writers from Jupiter? Are editors extinct? Has the paper decided that political correctness, hyper-sensitivity, gender-obsession dementia is both mandatory and universal?

What happened to Judy Carne is called slapstick. It is funny. It has always been funny. What happened to Judy Carne is no more cruel—that is, not cruel at all—than what repeatedly happened to Lucy,  Laverne, Wile. E. Coyote—and Raven, Tina Fay…Katy Perry….

Anyone writing about history and culture in a national publication—about anything, really—has has an obligation to actually know what he or she is writing about, and not make stuff up. There was definitely a lot of stuff that was on Laugh-in that will look weird today to anyone under the age of 50 or so; after all, the show is a half-century old, and the Sixties were weird even in the Sixties. Goldie Hahn dancing in a bikini with words written all over her body, for example. People laughing at every mention of the word “bippy.”  Nehru jackets. NOT women and men having staged catastrophes befalling them for laughs. Continue reading →

Hugh Hewitt’s “Gotcha!” On Trump

/ Jack Marshall / 21 Comments

trump-hewitt

If the Republicans, conservatives and liberal media can’t torpedo Donald Trump’s ridiculous and destructive presidential quest fairly and based on substance, their problems go a lot deeper than Donald Trump.

Wait a minute—they do!

The attempt to make a big deal out of Trump’s performance on the conservative radio talk show hosted by Earl Warren look-alike Hugh Hewitt is another example of the kind of unfair tactics that will just drive more supporters his way. First Hewitt asked Trump about Maj. Gen. Qasem Soleimani, who Washington Post blogger Erik Wemple calls the famous leader of Iran’s elite Quds Force. Really? Famous? I’ll say right now: never heard of the dude. I will also say that if my ethics business required dealing with Iraq, I’d be briefed on him thoroughly before I had to make any substantive decisions. Trump’s “yeeees…”  indicated that ether he knew a quiz was coming, or had no idea who he was; then he said,  “Go ahead, give me a little, go ahead, tell me.” Then…

Hewitt: “He runs the Quds Forces.” (Listen to this on the Post link. I’m from Boston.  Anyone in my high school would have pronounced “Quds” and “Kurds” indistinguishably)

Trump: “Yes, OK, right.”

Hewitt: “Do you expect his behavior–”

Trump: “I think the Kurds, by the way, have been horribly mistreated by us.”

Hewitt: “No, not the Kurds — the Quds Forces, the Iranian Revolutionary Guard’s Quds Forces — the bad guys.”

Trump: “Yes, right.”

Hewitt: “Do you expect his behavior to change as a result –”

Trump: “Oh, I thought you said Kurds, Kurds.”

This, apparently, shows that Trump is unqualified to be President.  (He is, but not because of this.) Count on Democrats using the fact that Hillary can run off these names as proof of her superiority, though she was, you know, Secretary of State. Later, when Hewitt tried more quiz questions about the Middle East, Trump objected: Continue reading →

The “Now I’ll Make You Feel Bad For Insisting On Getting What You Paid For” Ploy

/ Jack Marshall / 10 Comments
My hotel room TV, post Fred.

My hotel room TV, post Fred.

I’m in the midst of a legal ethics tour of Virginia, moving from one hotel to another. Last night I arrived at a Richmond Hilton at 11 pm, after fighting the usual traffic jams from late night construction on Rt.95 in my two hour car trip to get there. Oh, I had all the usual fun: the room that I had been told was pre-paid by my hosts wasn’t; later, the Wi-Fi in the room didn’t work. First, however, I immediately noticed that room 527 featured a TV that was hanging limply from its pedestal, forward and to the left. I guess I could have watched it sort of comfortably if I sat cross-legged on the floor with my head tilted to one side like President Buchanan.

I decided to call the desk instead.

The chirpy clerk answered my call brightly. “Yes, Mr. Marshall, what can I do for you?” she said.

“Well, my TV is broken. The screen is crooked, and it’s tipping off its pedestal.” Continue reading →