Harvey Weinstein Ethics Train Wreck

Morning Ethics Warm-Up, 6/25/2019: The Greatest Morning Warm-Up Ever Blogged!

/ Jack Marshall / 17 Comments

The movie “The Greatest Story Ever Told” was far from the “Greatest Movie Ever Made,” as the Duke’s casting as a Roman soldier demonstrated vividly.

OK, not really, but it better be good after yesterday’s potpourri never made it off the launch pad due to a series of unfortunate events. I’m using “The Greatest Legal Ethics Seminar Ever Taught!” as a title for an upcoming program I’m writing now, so the rhetoric is on my mind. My teaching partner complained that the title really puts the pressure on us to be outstanding. And that’s the point…

1. Harvard’s new President punts. Of course. The Harvard alumni magazine this month was notably light on criticism of the Ronald Sullivan fiasco, with only two critical letters on the topic, one of which made the suggestion that it might be a “conflict of interest” for someone who is defending a #MeToo villain to also serve as a residential faculty member (what was previously called a “House Master,” but that triggered some delicate students who felt it evoked slave-holders. No really. I’m serious. I don’t make this stuff up. Organizations capitulate to these complaints now, like Major League Baseball changing the name of the “Disabled List” because disabled rights activists complained). It is assuredly NOT a conflict of interest, though, by any definition but an erroneous one.

Deeper in the magazine, we learn that new President of Harvard, Lawrence Bacow, was asked during a faculty meeting about his views on the episode. His response was essentially a Harvard version of Ralph Kramden’s immortal “huminhuminahumina” when “The Honyemooners” hero had no explanation for some fiasco of his own engineering. Bacow said he would respect “the locus of authority,” meaning College Dean Rakesh Khuratna, who fired Sullivan after joining in student protests over the law professor and lawyer doing exactly what lawyers are supposed to do.

So now we know that, not for the first time, Harvard is being led by a weenie. What should he have said?  How about “I am firing Dean Khuratna, and offering Prof. Sullivan his position back. Any Winthrop House students who feel  “unsafe” are welcome to transfer to Yale”?

Most news media gave inadequate coverage to this story, and none, in my view, sufficiently condemned the university’s actions or the un-American values they represent. At least the New York Times is keeping the episode before its readers by publishing an op-ed by Sullivan titled “Why Harvard Was Wrong to Make Me Step Down.”

2. Insuring the life of a son in peril. Is this unethical somehow? It honestly never occurred to me. When I had to give a speech in Lagos, Nigeria, one of the most dangerous cites on Earth, my wife tried to take out a policy on my life with her as the beneficiary. I thought it was a good and prudent idea. But in Phillip Galane’s “Social Q’s” advice column, a son writes that he is still angry, decades later, that his late father did this , writing in part, Continue reading →

This Is Sexual Harassment, And Until Hollywood, The Media, And the Public Realize It, The Harvey Weinsteins (And Joe Bidens) Will Roam The Workplace Like The Buffalo Once Roamed The Plains

/ Jack Marshall / 5 Comments

Frasier now and then. Psst! Brendan! You can’t ambush actresses with kisses any more! At least not unless you’re running for President as a Democrat…it’s complicated. Give me a call.

This drives me crazy. I’m preparing a sexual harassment training seminar for an association, and this story just went into the introduction.

A nice cheery puff piece is up at E!On-line. about reminiscences by actress Leslie Mann (make that feminist, woke, #Me too-supporting actress Leslie Mann)   about the time she shot a movie with actor and one-time stud-muffin Brendan Frasier. A sample:

“Every morning before work we were in the hair and makeup trailer getting ready. And he would come in and kiss me on the lips,” she tells host Busy Philippswith an ear-to-ear grin. “Just like, ‘Good morning!’ And kiss. You know, like he’s European or something.”

Leslie got used to those morning smooches—earlier in the clip, the actor cheekily notes that since her character was supposed to fall for Brendan’s onscreen, she just went ahead and “fell in love with him in real life”—so it was pretty jarring for her when the kisses stopped suddenly one day.

Frasier didn’t ask permission for these spontaneous kisses, which #MeToo emphatically calls sexual assault in principle, just not when they like the assaulter. It is sexual assault, just like this is… Continue reading →

And Harvard’s Ethics Death Spiral Continues: The Lampoon’s Anne Frank “Gag”

/ Jack Marshall / 34 Comments

Talk about ethics alarms malfunctioning.

Fortunately, I had already disavowed my Harvard degree before this surfaced, so I am only mortified rather than trying to figure out how to flush myself down the toilet.

Above is an allegedly  humorous gag from Harvard’s student-run humor magazine, which once gave us Robert Benchley, Al Franken, and “Animal House.”  [Full disclosure: I was rejected by the Lampoon when I competed to join the staff as a student. ] The magazine has often championed sophomoric humor as well as bad taste, but there are limits to everything. I’d say using the image and memory of a brave and iconic Jewish girl who died in a Nazi concentration camp for a cheap, spectacularly unfunny photoshop gag is over the line, wouldn’t you? Wouldn’t just about anyone with an atom of common sense and decency?

Fortunately, some Harvard students erupted in anger over the photo of Frank’s head grafted on the body of a pumped-up busty bikini girl and the “ Add this to the list of  reasons the Holocaust  sucked” punch line. So did the New England branch of the Anti-Defamation League,  which condemned  the cartoon as a “vulgar, offensive & sexualized” meme that “denigrates [Anne Frank’s] memory & millions of Holocaust victims….Trivializing genocide plays into the hands of #antisemites & Holocaust deniers.” Continue reading →

I Hereby Repudiate My Undergraduate Degree, As My Alma Mater Has Rendered It A Symbol Of Hypocrisy, Ignorance, And Liberal Fascism

/ Jack Marshall / 13 Comments

No, I’m not kidding.

I probably should have done this much earlier, as when Harvard announced that it would defend its policy of discriminating against Asian-American college applicants in exactly the same fashion that it discriminated against Jews well into the 1960s. I would also have been justified in tearing up my alumni card when the College announced that it would punish students for belonging to single gender off-campus clubs, a decision that was their choice to make and that concerned the school not at all. An analogous policy would punish students for supporting Republican candidates, which I now realize may be Harvard’s next step.

When that off-campus club policy was announced (students are suing, and GOOD), I rationalized that this was a short-term problem resulting from a regrettable (and soon departing)  college President, feminist Drew Faust, who regarded enforcing progressive agenda items at metaphorical swordpoint as a greater priority than such minor matters as giving students the liberal education they were paying for. Now I see that it was the canary dying in the mineshaft. How I wish I had been giving a lot of money to Harvard (which needs money like Hawaii needs sunshine) so I could now stop.

This is the final straw:

Harvard’s Dean of the College, Rakesh Khurana, has announced that he is firing Winthrop House faculty dean, Ronald Sullivan, because he is defending Harvey Weinstein against his New York prosecution, and the Winthrop House students are upset about it, poor dears. (I wrote about this controversy here.)

Also upset is Dean Khurana, who, shockingly, joined a sit-in in protest of a Harvard lawyer doing exactly what ethical lawyers are supposed to do: give all citizens access to the best legal representation possible. To be clear about how serious this is, by firing Sullivan, Harvard is endorsing and engaging in liberal fascism and directly opposing core democratic values, and even more revolting for an alleged “prestige institution of higher learning”, this is really, really stupid.

Lawyers don’t endorse the acts, beliefs or opinions of the clients they represent. I’ll publish this for the umpteenth time, from the Massachusetts Bars’ ethics rules… Continue reading →

Morning Ethics Warm-Up, 2/24/2019: Big Brotherism At The Ballet, And How Hillary Sicced Mueller On Trump

/ Jack Marshall / 14 Comments

Good morning…

Depressed and discouraged today, about many things…time for Jimmy…

1. Another angle on the the topics here...arrives courtesy of Michael West, who pointed me to this article. about the psychology of unethical behavior. Mostly, it frames in slightly different packages familiar themes on Ethics Alarms, beginning with who people often don’t speak up and actively oppose unethical conduct that they witness or are a part of. Ethics Alarms has examined this phenomenon (and will continue to) many ways. One example was a two part post in 2015 on the duty to confront. (Part II is here) Other posts can be found by clicking on the tags below, such as the duty to lead, the duty to oppose evil, the duty to warn, and the duty to fix the problem.

The wonderfully named author Merete Wedell-Wedellsborg identifies several concepts in her essay, including omnipotence, cultural numbness, justified neglect, and looking out for signs of moral capture.

Ethics Alarms uses different approaches: omnipotence is essentially “The King’s Pass” and “The Saint’s Excuse” in the rationalizations list. Cultural numbness describes how “the Big Yellow Circle’s” gravitational pull influences the Green Circle, encompassing personal values and conscience. Justified neglect isn’t really justified: she is talking about how non-ethical consideration freeze ethics alarms. “Looking out for signs of moral capture” is the topic of Philip Zimbardo’s “rules” to avoid being corrupted by peer groups and organizations. I would assume that the author has studied these, since “Dr. Z” is one of the leading writers and researchers in the area.

Inevitably, the article delves into leadership, concluding,

“The reality is that, for many leaders, there is no true straight-and-narrow path to follow. You beat the path as you go. Therefore, ethical leadership relies a lot on your personal judgment. Because of this, the moral or ethical dilemmas you experience may feel solitary or taboo — struggles you don’t want to let your peers know about. It can sometimes feel shameful to admit that you feel torn or unsure about how to proceed. But you have to recognize that this is part of work life and should be addressed in a direct and open way.”

I disagree with that description of leadership technique, and I’m tempted to say that its the claim as someone who has not done much leading. It does seem typical of so-called “female leadership models,” which emphasize consensus and transparency. Traditional leadership theories hold that a leader’s followers don’t want to know how conflicted a leaders, and learning that a leader is “unsure” is the last thing they want to know. Effective leaders learn to keep their doubts and insecurities to themselves—one more reason leadership isn’t for everyone. Continue reading →

No, Ann, The Fact That The Accusation Against Joe Biden Was a “Hit” Doesn’t Mean It Wasn’t Necessary And Right.

/ Jack Marshall / 12 Comments

Ann Althouse has fallen into the Biden harassment rationalization trap.

How disappointing.

She writes,

“I’m not a Joe Biden fan. I thought he was loathsome in the 2012 VP debate with Paul Ryan (live-blogged here (“Ryan is speaking earnestly about preventing Iran from getting nuclear weapons, and Biden is chuckling toothily, his body shaking like Santa Claus”)). And I’m a longtime opponent of sexual harassment (and kept true to the position even when Bill Clinton, the first person I ever voted for for President who won, got accused of it). But this hit job has made me sympathetic to Joe. I’m surprised how distinct and strong my emotional reaction is.”

So am I.

As regular readers here know, Althouse is one of my most quoted commentators here, because she is objective and usually perceptive.  Her mistake in sympathizing with Biden, however, betrays some kind of ethical blind spot. This is the common confusion of motive with conduct.  If the conduct is objectively ethical, then the fact that there may be less than ethical motives behind it doesn’t change anything about the ethics verdict. No doubt about it, the first of the accusations against Biden for sexual harassment and misconduct (There have been more since ) came from a Bernie devotee, and was, as Ann says, a political hit. Continue reading →

On Biden And Sexual Harassment, The Left, As Always, Is Hypocritical, But The Right, As Usual, Is Stupid

/ Jack Marshall / 20 Comments

Ah, the good old days, when men were men and in charge, and women knew they were there to hug…

The question of the ages is, which is worse?

It’s a close call, but I vote for the conservative side.

It is true, transparent and pretty embarrassing (I hope) that so many progressives, the Walking Woke, and even feminists are tying their own brains and ours into knots by trying to defend Obama’s long-time happy-go-lucky serial toucher/ hugger/ kisser/ sniffer, nuzzler and groper. We’ve seen this integrity vacuum from them before, as when Gloria Steinem, after successfully selling the undeniable concept that when a man has superior power over a woman, that woman cannot meaningfully consent to being mauled (with love, of course) in the workplace or even boinked after-hours, changed her position so Bill Clinton could escape the consequences of his own sleazy and illegal behavior.

The hypocrisy,is especially egregious now, as I already discussed, because sexual harassment law has been around for over 30 years, because we are two decades past Monica Madness, because Al Franken is watching old Saturday Night Live videos somewhere in Minnesota, and because #MeToo was supposed to have made sure that America “got it.” How is the world can Biden pretend that this doesn’t apply to him? In a 2017 appearance at George Mason University, he defended the Obama “guilty until proven innocent” approach to campus sexual assault allegations, saying: “Guys, a woman who is dead drunk cannot consent — you are raping her! We’ve got to talk about this. Consent requires affirmative consent! . . . If you can’t get her to say ‘yes’ because she wants to, you ain’t much.” And Joe, a woman who is within feel-up distance of a Senator or Vice-President can’t give affirmative consent to touching, hugging, kissing, sniffing, nuzzling and groping, either. This isn’t hard. Continue reading →

The Absurd Media, Feminist And Progressive Hypocrisy Regarding Joe Biden’s Sexual Misconduct, PART II: “The View” Weighs In

/ Jack Marshall / 22 Comments

(Part I is here.)

Some additional observations:

  • Jazz Shaw and other conservative pundits are writing that Joe’s handsy act “isn’t sexual harassment.” Wrong. If it was unwelcome, it was sexual harassment, and even if it wasn’t and made others in Joe’s workplace proximity uncomfortable, that was “third party” sexual harassment. To his credit, CNN’s Jake Tapper reached down deep and accessed his recently slumbering common sense and integrity to correctly point out that  other men who behave in the same way would get “reprimanded” or “potentially even fired” from their jobs.
  • Shaw and others are also harping on the timing of the harassment allegations. Are they politically motivated? Sure they are, just as Anita Hill’s sudden realization that she had been harassed after more than a decade was politically motivated; just as the sudden appearance of women claiming Donald Trump harassed them coincidentally occurred while he was running for President. In a word—well, two—so what? Biden belongs to a party that has taken a strict liability, no-tolerance, “believe all women” stance following the #Me Too eruption. He knew it, and progressives with eyes knew that Biden was a serial toucher/hugger/groper/nuzzler/sniffer/fondler. Given their professed position, it was hypocritical that Joe got away with his Dirty Uncle bit for so long, and arrogant (or stupid—it’s Biden, remember) that he thought he could get away with it forever.
  • My head had a  serious aftershock when the enabler and apologists for Joe settled on the “that’s just the way he is”; “he doesn’t mean anything by it”, and “he’s a decent man” talking points.

KABOOM!

See, there’s another one; even writing about this is dangerous.

If “that’s just the way he is,” then what he is is a serial sexual harasser. “He didn’t mean anything by it” has been a lamer than  lame rationalization for misconduct and criminal activity since the Madison administration, usually to excuse the mentally challenged. Finally, if he keeps fondling/touching/sniffing/nuzzling/ and kissing when all of his political kith are shouting to the skies about men being sexual predators, he’s not decent. Like the late George H.W. Bush, who told young women with his grasp that his favorite magician was “David Cop-a-Feel,” he’s willing to use his position and status to abuse women. Continue reading →

The Absurd Media, Feminist And Progressive Hypocrisy Regarding Joe Biden’s Sexual Misconduct, PART I: Why My Head Exploded

/ Jack Marshall / 2 Comments

 

 

 

And by the way, KABOOM! This made my head explode.

Fans and supporters of Joe Biden were shocked–SHOCKED!–that anyone would accuse nice old Joe of non-consensual sexual touching and sexual harassment. Conservatives aren’t any better: so eager are they to discredit the whole concept of “believe all women” and sexual harassment  —ah, for those good old days when bosses could chase their comely secretaries around the desk, secure in the knowledge that Miss Buxley would regard it as good clean fun and part of her job!—that they are making idiotic comparisons between the unethical Democratic smearing of Brett Kavanaugh and what has befallen Biden. There is no comparison. The accusations against Kavanaugh was based on uncorroborated, decades old alleged conduct while he was a high school student; the two accusations (so far) against Biden are workplace-related, took place not only when he was an adult but when he was Vice-President.

How can anyone be shocked, or even surprised, much less indignant? Biden has been engaging in unconsented to touching, kissing, and groping of women repeatedly, for decades, in front of cameras. Who knows what Biden has done when no photographers were around? He has corroborated the accusations against him all by himself.

There is no excuse for this. Biden isn’t deaf, dumb and blind; he knows about sexual harassment, and how it works. He’s been given a pass by his party, its supposedly victim-sensitive supporters, and the news media, just like Bill Clinton was for so long, but that doesn’t mean he can’t read. Nor is there any excuse for the Democrats and progressives who are lining up to defend Biden for what is, at this point, indefensible.

The utter idiocy of the Left exclaiming “Sexual harassment? What sexual harassment?” after Weinstein, Lauer, Keiller, Lasseter, Kozinski, Levine, O’Reilly, Ailes, Franken, Singer, Moonves, Farenthold, Conyers, Rose, and so, so many others is hard to overstate. Some of these individuals engaged in far worse conduct than Biden, but some engaged in very similar conduct. We have been talking about #MeToo for more than a year; sexual harassment law has been out there for decades, and what Biden did, and does, was a textbook no-no then. Continue reading →

Morning Ethics Warm-Up, 3/15/2019: Fevered Ethics Musings, and More

/ Jack Marshall / 20 Comments

Good morning

…after a lousy night’s sleep.

 I’m going to deal with the Peter Strzok/Lisa Page Congressional testimony in a full post, but I’ll give a preview here.. As I will elaborate then, this makes me feel like I am going crazy, and also creates dilemmas regarding what this blog is about, and how to keep it trustworthy. The story that has developed over the past week is almost incredible in its objective implications for the Obama administration’ legacy (Did you know that there were NO SCANDALS under President Obama?), the 2016 election, Hillary Clinton, the Mueller investigation, the Justice Department, the Democratic Party, and the efforts to undermine the Trump Presidency, and by extension, our democracy. When I write about all of this, however, the result will sound like an over-heated conspiracy theory from the depths of Breitbart. I know that’s what my bubble-dwelling friends on Facebook will say, and what the Ethics Alarms exiles who were, and, I’m sure, still are, incapable of believing anything but “resistance” and Democratic anti-Trump talking points will think as well. I checked yesterday’s New York Times page by page: there was nothing about what Peter Strzok and Lisa Page revealed under oath…not in the news, not on the op-ed page, not in the letters to the editor. How can that be, in a paper that claims to present “all the news that’s fit to print?” I didn’t check the Washington Post (I don’t get the paper version) , but I assume a similar black-out from the paper that hypocritically proclaims that “Democracy Dies In Darkness.” Senator Lindsay Graham s calling for a new Special Prosecutor, and if we had an honest, non-partisan news media, I assume—I hope—that the informed public, at least the uncorrupted portion that has principles that transcend politics, would be doing the same. I know U.S. government and Presidential history better than most, and what I see—and can see only because I do not trust the mainstream media–is worse than Watergate (that over-used phrase) and far, far scarier, because this time, the press is part of the cover-up.

1. Addendum. One legacy that may be ticketed for oblivion is that of John McCain. We learned yesterday that a close McCain associate aggressively circulated the discredited, Trump-smearing Steele memorandum to media outlets all over D.C. after the President was elected. From the Daily Caller:

David Kramer, a former State Department official, said in a deposition on Dec. 13, 2017 that he provided a copy of Christopher Steele’s dossier to reporters from McClatchy, NPR, The Washington Post, The Wall Street Journal and BuzzFeed and CNN’s Carl Bernstein. He also shared the report with State Department official Victoria Nuland, Obama National Security Counsel official Celeste Wallander and Illinois GOP Rep. Adam Kinzinger.

If Senator McCain knew about this, or worse, engineered it, he was trying to undermine the sitting President. Based on his petty and vindictive conduct in the period between the election and his death, this seems very plausible, and even likely.

2. Meanwhile, here’s another irresponsible Trump Tweet storm…which has received more publicity in major news sources than indications that the Obama Justice Department was working to manipulate the 2016 Presidential election. The President tweeted that “airplanes are becoming too complex to fly”   two days after the Ethiopian Airlines crash that killed all 157 people aboard, and before any official assessment of the causes of the crash  was made, “Split second decisions are needed, and the complexity creates danger. All of this for great cost yet very little gain. I don’t know about you, but I don’t want Albert Einstein to be my pilot. I want great flying professionals that are allowed to easily and quickly take control of a plane!”

Ugh. Talk about abusing a position to make the public dumber. This is just Luddite blathering from someone who has no more expertise regarding airplanes than my mailman. It is not an informed opinion, and the comments can do no good, while causing tangible damage in unfounded fear.

I do agree that Albert Einstein would be a poor choice as a 737 pilot, as would Genghis Khan, Ed Wynn, and Katherine the Great, being untrained in flying AND being dead as mackerels.

2. Another liberal champion bites the dust (and I think I know why).  From the Montgomery Advertiser:

The Southern Poverty Law Center fired Morris Dees, the nonprofit civil rights organization’s co-founder and former chief litigator. SPLC President Richard Cohen said in a statement Dees’ dismissal over his misconduct was effective on Wednesday, March 13. When pressed for details on what led to the termination, the organization declined to elaborate. “As a civil rights organization, the SPLC is committed to ensuring that the conduct of our staff reflects the mission of the organization and the values we hope to instill in the world,” Cohen said in the emailed statement. “When one of our own fails to meet those standards, no matter his or her role in the organization, we take it seriously and must take appropriate action.”

The Law Center is literally an extension of Dees; he has been its face and founder. I’ve been at an award ceremony for Morris Dees. An organization doesn’t treat its progenitor this way unless it has to, and Dees, according to reports, was no longer active in the SPLC’s activities. There is an undropped shoe, and I’m betting the Oxford is one more sexual harassment scandal involving a liberal icon. What other “conduct” would get Dees fired, unless the hate-group labeling group’s founder was using shoe-polish to imitate Michael Jackson?

3.  So how long before college tuitions come down, people stop assuming those with degrees from Harvard are smarter than those who don’t, and higher education admits that a complete overhaul is overdue and mandatory, since colleges have become political indoctrination centers rather than educational institutions?  Commenting on the college admission scandal, George Mason University professor Bryan Kaplan writes at TIME:

…The admissions scandal is an opportunity to separate the lofty mythology of college from the sordid reality. Despite the grand aspirations that students avow on their admission essays, their overriding goal is not enlightenment, but status. Consider why these parents would even desire to fake their kids’ SAT scores. We can imagine them thinking, I desperately want my child to master mathematics, writing and history — and no one teaches math, writing and history like Yale does! But we all know this is fanciful. …Most majors, however, ask little of their students — and get less. Standards were higher in the 1960s, when typical college students toiled about 40 hours a week. Today, however, students work only two-thirds as hard. Full-time college has become a part-time job….Why do employers put up with such a dysfunctional educational system? Part of the answer is that government and donors lavish funding on the status quo with direct subsidies, student loans and alumni donations….The deeper answer, though, is that American higher education tolerably performs one useful service for American business: certification.

… When I was in high school, my crusty health teacher loved to single out a random teen and scoff, “You’re wanted … for impersonating a student.” If you can get your less-than-brilliant, less-than-driven child admitted, he’ll probably get to impersonate a standardly awesome Ivy League graduate for the rest of his life.

…[T]ruth be told, this salacious scandal proves next to nothing. It just illustrates the obvious. Though we casually talk about our “institutions of higher learning,” little learning is going on. Sure, college is an intellectual banquet for the rare students with a passion for ideas and the energy to locate the also-rare professors with a passion for teaching. The vast majority, however, come in search of a stamp on their foreheads that says grade a — and leave with little else. If the parents accused by the FBI are guilty as charged, don’t say they failed to understand the purpose of a college education. Say they understood its purpose all too well.

Bingo.