Georgetown University Law Center

It Reveals The Dire State Of U.S. Higher Education Culture That Dean William M. Treanor Of Georgetown University Law Center Isn’t The Most Unethical Law School Administrator Of The Past Year (It’s Close, Though…)

/ Jack Marshall / 11 Comments

That distinction still has to go to Yale Law School Director of Diversity, Equity & Inclusion Yaseen Eldik and Associate Dean of Student Affairs Ellen Cosgrove, who persecuted, and and threatened a student in this infamous episode last Fall. Their victim is a student, which gives them an edge over Dean Treanor whose target is Ilya Shapiro, GULC’s newly hired director of the Robert A. Levy Center for Constitutional Studies and vice-president of the Cato Institute.

Just two days ago, I described Shapiro’s foray into the debate over President Biden’s looming Supreme Court nomination, which will have to be a black woman because race and gender are more important to the Far Left than qualifications, ability and experience in the branch of the government that protects the Constitution, but mostly because Joe promised he would while in Full Pander Mode as he fought for his party’s nomination to oppose President Trump in 2020. Shapiro issued a series of tweets that were crystal clear to anyone reading them rationally and honestly, making his case that Biden should be nominating Justice Breyer’s replacement on the basis of qualifications, ability and experience. A careless choice of words, however—this was Twitter, after all—gave race-baiters and progressive censors an opportunity to pounce, and they did.

Shapiro was accused of being a racist (of course); the law schools black student association demanded he be fired (also of course); and GULC’s ostentatiously woke Dean capitulated to the anti-free speech and anti-academic freedom mob, announcing yesterday to me and other “alumni/ae”, as the marvelous Dean I worked for, the late David McCarthy always called them…

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Stop Making Me Defend President Biden!

/ Jack Marshall / 8 Comments

At this point, President Biden has no choice, ethically or practically, other than to keep his promise to nominate a black woman to fill the Supreme Court vacancy. By all means, he deserves criticism for making such a promise, but that was done quite a while ago, when he was in full pander mode during the 2020 Democratic Presidential primaries. Breaking a pledge is never ethical, unless conditions have changed sufficiently to make the keeping of the pledge materially different from what was anticipated at the time, or if keeping the promise would be illegal.

It is often forgotten that President Reagan pledged to nominate a woman to the Supreme Court, and many liberal pundits at the time predicted that he would renege on that promise. He didn’t. It was a different kind of pledge than Biden’s however. There was a fairly deep pool of qualified women to choose from particularly if he dipped into the group of qualified female lawyers and academics. The lack of any woman ever sitting on the Court since the 18th Century had become an embarrassment. It wasn’t a matter of making the Court “look like America,” it was whether the Court could credibly look like a gentleman’s club. Continue reading →

The Biden Supreme Court Pick Ethics Train Wreck

/ Jack Marshall / 9 Comments

Wow, that was fast. This episode has turned into an ethics train wreck with record speed. Some ethics train wrecks slow down and stop after a few months; other roll on seemingly forever. The Trayvon Martin-George Zimmerman Ethics Train Wreck, which has included directly-related wrecks like the Ferguson Ethics Train Wreck and the George Floyd Ethics Train Wreck, is almost nine years old, and won’t stop until Black Lives Matter lies a-moldering in the grave. The 2016 Presidential Election Ethics Train Wreck is still going strong, with the Jan. 6 riot and the subsequent kangaroo court investigation in the House the latest cars to be hooked up. The Biden Supreme Court Ethics Train Wreck? At this point, where it stops, nobody knows.

It began before it was even certain Biden would get a SCOTUS nomination, when he first promised to name a black woman to the Court. That promise, which he quickly confirmed once Justice Breyer announced his retirement, was unethical “on its face,” as the Court might say. The statement means, and can only mean, that group identification is the primary priority for the President of the United Sates in nominating a crucial individual who will help determine the course of the nation’s laws, justice system, constitutional integrity and culture for decades to come. That function has nothing whatsoever to do with race or gender. Nothing. Being black, white, Native American or Asian does not make an individual more or less qualified for the job, and neither does gender. Biden’s statement literally means that he is placing tribalism and group identification biases above the substantive needs of the nation. That’s unethical. Other Presidents have done this, notably Ronald Reagan and George H.W. Bush. That’s no mitigation.

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Unethical Tweet Of The Month And Ethics Dunce: ACLU National Legal Director And Georgetown Law Prof. David Cole

/ Jack Marshall / 5 Comments

foot-in-mouth-header

David Cole, ACLU National Legal Director and Professor at Georgetown University Law Center, tweeted in response to the SCOTUS ruling striking down California’s law making it mandatory for non-profits to disclose the names of their biggest donors,

Cole tweet

Gee, that’s funny! The ACLU filed an amicus brief supporting the majority’s decision in AMERICANS FOR PROSPERITY FOUNDATION v. BONTA, ATTORNEY GENERAL OF CALIFORNIA.

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Yet Another Update On“Introducing The ‘Technologically Inept Adjunct Professor With Politically Incorrect Opinions Principle’”…Ethics Dunce: Professor David Batson

/ Jack Marshall / 8 Comments

weenie

When we last left furiously virtue-signaling Georgetown University Law Center it had fired veteran adjunct professor Sandra Sellers last week for discussing frankly but inadvertently over Zoom a situation that everyone connected with the Law Center knows to be real. GULC had also suspended her co-instructor David Batson for barely nodding his head during Sellers’ statement of frustration that black students too often end up at the bottom of her grading curve. Dean Treanor, in his statement declaring the intended private discussion as “reprehensible,” darkly insinuated that Batson had failed a “bystander responsibility.”

Now Batson has also resigned, in a letter sent to the Washington Post, saying,

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Ethics Savings Time, 3/14/2021…

/ Jack Marshall / 7 Comments

 

devil on shoulder

1. While I’m thinking about Republican Senators (as in the previous post)... A new Des Moines Register/Mediacom Iowa Poll indicates that a majority of Iowans,though only a third of Iowa Republicans, say they hope U.S. Sen. Chuck Grassley (R) decides not to seek reelection in 2022. For Democrats, this may be another example of having the right opinion for the wrong reasons: they might just think with Grassley out of the way, they have a better chance of replacing him with a Democrat. But the man is 87 years old. It was unethical for him to run for re-election the last time, in 2016. Is Grassley really going to tell voters that he expects to be fully alert, competent, healthy and alive until he’s 93?

Grassley needs to watch videos of Sen. Strom Thurmond in his waning years. This is an ethics test for him, and it shouldn’t be a difficult one.

2. Update: Yesterday I told a friend, ethicist and Georgetown Law Center grad about the Sandra Sellers mess, and his immediately reaction was, “So they fired her for telling the truth?” Yet many law school alums signed the petition to have her canned for “racism.”

If they don’t know that being admitted with lower credentials means that any group—including the children of big donors— will tend to settle at the bottom of the class, then a lot of Georgetown Law Center grads are either not as smart as they need to be to practice law competently, or not honest enough to practice law ethically.

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Ethics Verdicts: The Georgetown Law Professor’s Comments Were Careless But Not “Reprehensible,” And The Law Center Dean’s Statement Implying Her Comments Showed “Systemic Racism” Is Reprehensible…And False

/ Jack Marshall / 23 Comments

This, I would remind you, is why the emphasis of the first Ethics Alarms post on this mess involving my former employer and alma mater was that GULC adjunct professor Sandra Sellers was culpable for the inevitable results of her unintentionally public candor for incompetently broadcasting her private observations over an online conferencing platform. I predicted that she was a goner once the school’s black student organization saw a grandstanding opportunity (and if it wrecks a lawyer’s reputation and career–so what? After all, she’s just another racist white bitch…), and I was right, in part because I know what the Law Center has become in recent years.

I also predicted a groveling apology from Sellers rather than the ringing defense of her observations that might have been helpful in both clarifying her comments and exposing the Law Center’s spectacular embrace of Rationalization #64, “It Isn’t What It is.” Poor, weak, technologically inept–but not wrong!–Sellers sent the Washington Post a copy of her grovel, which could have been drafted by a computer. She apologized for the “hurtful and misdirected remarks,” carefully chosen words indeed. Her remarks were “misdirected” because they were intended only for another professor, not the universe, and they were “hurtful” because they created a student relations crisis for Georgetown—which it has thoroughly botched. Sellers also said in the letter

“I would never do anything to intentionally hurt my students or Georgetown Law and wish I could take back my words. Regardless of my intent, I have done irreparable harm and I am truly sorry for this.”

Well, I give her some credit for declining to say that she didn’t mean what she said, or that what she said was untrue. Some. In essence she apologized for what I had written was the problem with her statement: it was careless to let it be witnessed by people who would—mostly deliberately— misinterpret it. Her carefully composed non-apology was clever, but it doesn’t help. The school’s statement, through GULC second-in-command Dean Trainor, was despicable—unfair and cowardly. It called the episode indicative of “structural issues of racism” (Translation: Sellers is a racist) and “explicit and implicit bias.”

Yes, a dean of a major law school declared on behalf of that law school that accurate observations involving student education are racist, presumably because they don’t advance a convenient but false progressive narrative. He also suspended the law professor Sellers was talking to because he didn’t meet his “bystander responsibility” and confront her over her non-racist statement as if it were racist.

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Update: “Introducing The ‘Technologically Inept Adjunct Professor With Politically Incorrect Opinions Principle’”

/ Jack Marshall / 9 Comments

The adjunct professor discussed in the previous post has indeed been fired, and the white, male professor who nodded once on the Zoom recording has been placed on leave. From the Georgetown Law Center (my alma mater and former employer) administration:

GULC profs

Observations:

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Introducing The “Technologically Inept Adjunct Professor With Politically Incorrect Opinions Principle”

/ Jack Marshall / 22 Comments

Adjunct

This Georgetown Law Center adjunct professor is going to be fired, shunned, cancelled and otherwise ruined professionally and personally, and she has no excuses whatsoever.

The Ethics Alarms “Naked Teacher Principle” holds that ” a secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.” This does not mean that such a teacher necessarily should be dismissed, but that the teacher has no basis for claiming to be a victim. The conduct was foolish and irresponsible, and the repercussions predictable.

The newly minted “Technologically Inept Adjunct Professor With Politically Incorrect Opinions Principle” is based on similar calculations. As certain anti-woke statements and positions are getting people fired or canceled daily, with any diversion from the current racial spoils and “diversity” narrative being tarred as “racist,” for a professor at a law school, especially one as tainted by Leftist bias as Georgetown, to express such views over any form of electronic communications is almost grounds for involuntary commitment. Careless and reckless people shouldn’t teach law students. It doesn’t matter whether the statement involved expressed a valid and defensible observation: if it involves a tenet of woke cant and isn’t supportive, then the statement is an invitation to be cancelled. First Amendment? Doesn’t matter. Academic freedom? Irrelevant. Fairness? The Golden Rule? “There but for the grace of God…”? Risible.The third rail is known and recognizable, and you deliberately jumped on it assuming it wasn’t live?

Don’t come whining to me.

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Ethics Warm-Up, 10/15/2019: Farrow, James, Biden, And Another Diploma Bites The Dust…[CORRECTED]

/ Jack Marshall / 13 Comments

Great.

Now there’s a tidal wave of too many ethics stories and issues to cover…

…and more than ever, I feel that an impeachment information and analysis website is essential, a civic  obligation, and likley to foce me to live out of a cardboard box. I also need to get Mrs. Q’s featured column launched. Naturally, I leave on another ethics seminar road trip today.

If the Red Sox were in the post-season, I’d have to shoot myself…

1. The up-side of the NBA’s cowardly pandering to China and its suppression of basic human rights…we learned what a shallow hypocrite LeBron James is. Of course, many of us knew this when James did his grandstanding champion of social justice act and  extolled Colin Kaepernick’s useless and incoherent protest.  “I stand with anyone who believes in change,” the B-ball superstar said, as if that means something.  It was still enough to attract excessive praise from the sports media. Last week, however, as the Los Angeles Lakers  returned home from a week-long tour of China, James said,

“Yes, we do have freedom of speech.  But at times, there are ramifications for the negative that can happen when you’re not thinking about others, when you only think about yourself. I don’t want to get into a word or sentence feud with Daryl Morey, but I believe he wasn’t educated on the situation at hand, and he spoke.”

Morey, the Houston Rockets GM who tweeted support for the Hong Kong protesters resisting China’s iron boot, only lacked education on how venal and without principles his league was, including stars like James. Morey was “thinking of others”: he was thinking of the people of Hong Kong desperately trying to hold on to as much liberty as they can. No, he wasn’t thinking about James’s giant paycheck, which is clearly all LeBron cares about.

He can take solace in a victory in the NBA’s “It’s not the worst thing” sweepstakes. San Farncisco Warriors coach Steve Kerr, when asked if he’d ever been confronted about human rights abuses on earlier trips to China, Kerr replied, “No. Nor has (America’s) record of human rights abuses come up either… People in China didn’t ask me about, you know, people owning AR-15s and mowing each other down in a mall.”

That’s right, Steve, there is obvious moral equivalency between China’s 30-65 million mass murders and its current oppressive government, and the United States of America. Continue reading →