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

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 [Ann Frank’s] memory & millions of Holocaust victims….Trivializing genocide plays into the hands of #antisemites & Holocaust deniers.” Continue reading

The Integrity Void That Is Joe Biden…and His Progressive Supporters

Since announcing his candidacy for the Presidency, Joe Biden has obliterated whatever small respect I had for him—it was small indeed—and established himself as the official expediency candidate of the Democratic Party.

There was a time in 2016 when I had resolved that if Biden threw his hat in the ring, I would hold my nose and vote for him. He was less offensive to my ethical values and priorities than Donald Trump— few would not be—and less cynical, manipulative and untrustworthy than Hillary Clinton (see interjected comment above.)

If he had been the Democratic nominee, would I have still concluded, as I did late in the campaign, that the Democratic Party was as unsupportable as an institution as Trump was as an individual, being so corrupt that it was increasingly willing to abandon core American rights and principles in its pursuit of power? I wonder. As it has turned out, I was more right than I knew. Now Joe is proving it, and leading Democrats to prove it as well.

Astoundingly, he is the runaway leader in all polls of the contenders for the nomination, though not all are really “contenders.” In part this is the predictable consequence of being Vice President for 8 years: the order of the top  candidates tracks almost exactly with the national awareness of who the candidates are, with the exception of Elizabeth Warren, and thank God for that. Most Americans still aren’t paying close attention to Presidential politics, meaning that they can’t pronounce Buttigieg, don’t know that he’s gay, couldn’t pick Amy  Klobuchar out of a line-up, and get Cory Booker confused with Cuba Gooding, Jr.

Another reason Biden may be ahead is that he’s the only recognizable candidate who  doesn’t sound like he’s running for President of Venezuela, although he has also made it crystal clear that if sounding like a socialist is what it tales to get the nomination, he’ll sound like a socialist.

In other words, Biden displays the exact opposite of what is arguably Donald Trump’s best trait. The President is consistent in presenting himself as who is is, and takes positions that many disagree with, perhaps violently. In contrast, if Joe Biden has any integrity at all at this point in his career, please point me to it.  More disturbingly, no progressive who supports Biden can plausibly regards integrity as an important ethical virtue (It may be the most important ethical virtue, especially for leaders.)

Listen to this classic late stage Trump Derangement rant that Joe was confronted with by a woman  at a campaign stop: Continue reading

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

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

Family Ethics: Three Kennedys Choose The Public Good Over Family Loyalty. Excellent.

Three members of the fabled Kennedy Clan, that of Joseph P. and Rose, JFK, RFK and Ted, Caroline and the Late John-John, and all the rest, have publicly rebuked their vocal anti-vaxxer family member, Robert F. Kennedy Jr. in a statement signed by his siblings Kathleen Kennedy Townsend and Joseph P. Kennedy II, as well , Maeve Kennedy McKean, who is the executive director of Georgetown University’s Global Health Initiatives, and calls RFK jr, “Uncle Bob.”

Kathleen Kennedy Townsend is the former lieutenant governor of Maryland and the former chair of the Global Virus Network. [Full disclosure: she was also a resident in my undergrad House, Lowell House,  while I was in college, and we knew each other a little bit] and Joseph P. Kennedy II, a former member of Congress from Massachusetts, is the chairman and president of Citizens Energy Corporation.

Beginning with an overview of the harm caused by  Americans avoiding vaccines, including the current measles outbreak, the three write in Politico,

These tragic numbers are caused by the growing fear and mistrust of vaccines—amplified by internet doomsayers. Robert F. Kennedy Jr.—Joe and Kathleen’s brother and Maeve’s uncle—is part of this campaign to attack the institutions committed to reducing the tragedy of preventable infectious diseases. He has helped to spread dangerous misinformation over social media and is complicit in sowing distrust of the science behind vaccines.

We love Bobby. He is one of the great champions of the environment. His work to clean up the Hudson River and his tireless advocacy against multinational organizations who have polluted our waterways and endangered families has positively affected the lives of countless Americans. We stand behind him in his ongoing fight to protect our environment. However, on vaccines he is wrong.

And his and others’ work against vaccines is having heartbreaking consequences. The challenge for public health officials right now is that many people are more afraid of the vaccines than the diseases, because they’ve been lucky enough to have never seen the diseases and their devastating impact. But that’s not luck; it’s the result of concerted vaccination efforts over many years. We don’t need measles outbreaks to remind us of the value of vaccination.

It is impossible to overstate what a stunning departure this joint essay (titled “RFK Jr. Is Our Brother and Uncle. He’s Tragically Wrong About Vaccines”) is from the traditions and practices of the Kennedy Family. It, they, all of them, have guarded the Kennedy name and legacy like Cerberus at the gates of Hell. They have intimidated historians, artists, government officials, prosecutors and others from actions and revelations that would expose the ugly (ugly, oh-so ugly) side of  many of the family’s most celebrated members.

I directed the first professional production of a drama about the Cuban Missile Crisis that avoided or debunked the various myths carefully embedded in the official narrative to make President Kennedy the hero of the event, when he most definitely was not.  The play had been blocked by the Kennedys twice. Continue reading

A Smoking Flip-Flop: Here Is Why Larry Tribe Cannot Be Regarded As An Objective Legal Authority Any More

…well, other than the fact that his recent tweets indicate that the 77-year-old  prof is no longer playing with a full deck…*

I had a back-and-forth with a smart non-lawyer who is suffering from Trump Derangement, and who cited the opinions of Professor Tribe to counter Alan Dershowitz’s critique of the Mueller Report. He didn’t like my assertion that Tribe has proven himself to be a partisan hack of late, willing to espouse whatever public opinion the Left and “the resistance” will find useful.

Ed Whelan, the President of the Ethics and Public Policy Center, found this example of a cynical Tribe flip-flop, worthy of the gymnasts above, that shows what I mean:

 Back in early March 2016, a few weeks after Justice Scalia’s death created a vacancy on the Supreme Court, Harvard law professor Laurence Tribe was perhaps the most prominent of some 350 law professors to sign a letter asserting that the Senate had a “constitutional duty to give President Barack Obama’s Supreme Court nominee a prompt and fair hearing and a timely vote.” Declaring that “[t]he Senate’s obligation in this circumstance is clear,” the letter invoked the Appointments Clause of the Constitution.

But, as I and others (including liberal law professors Noah Feldman and Vik Amar) pointed out at the time, the position that Tribe took had no support in the text of the Constitution and contradicted perennial Senate practice on nominations. The Appointments Clause states only that the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint” various executive-branch and judicial-branch officers. In other words, it restricts the president’s power of appointment by conditioning any such appointment on prior receipt of the Senate’s “Advice and Consent” on a nomination. But it says nothing about how the Senate should go about exercising its power to advise and consent-or-withhold-consent, and it thus leaves the Senate entirely free to exercise that power however it sees fit.

Tribe’s position in March 2016 further surprised me because it contradicted Tribe’s own earlier (correct) recognition, in his 1985 book God Save This Honorable Court, that the Senate may block a Supreme Court nomination “by simply refusing to act upon it.”

I’m pleased to discover that Tribe now agrees that the Senate does not have a constitutional duty to take any action on a Supreme Court nominee. Continue reading

Breaking Ethics News! Ethics Heroes: The Churchill Downs Stewards

The New York Times reports:

The speedy Maximum Security, the only undefeated horse in the field, appeared to win the 145th Kentucky Derby at rain-soaked Churchill Downs to keep his streak intact, but an objection lodged by what appeared to be the second- and third-place finishers (Country House at 65-1 and Code of Honor at 14-1) led to his disqualification. After a tense objection period that lasted several minutes, after the apparent winning connections had already been interviewed on live television, the stewards made the nearly impossible decision to disqualify Maximum Security.

During the long waiting period, NBC sports commentators and other noted that in a normal race, and not the most famous and prestigious horse race in the sport, the winner would be disqualified over such a clear foul. But, they cautioned, no Deby winner in the hisrory of the race had ever lost after a foul claim, and—I thought this was ominous–the stewards knew it was important that the “best horse wins.” Maximum Security was by consensus the best horse in the field, but rules are rules.

Integrity won the Kentucky Derby this year.

The Pulitzer’s Deliberate Ethics Blindness [Corrected]

It was incredible: the only qualified candidate for the Pulitzer Prize just happened to be the spouse of a Pulitzer board member! What are the odds?

[Note: an incompletely edited and proofed version of this post was mistakenly published. I apologize. Thanks to Tim LeVier for flagging the problem.]

All awards and prize organizations are subject to fair suspicion about their integrity, and collectively, they undermine each other. The Academy Awards get criticized by prominent blacks, and suddenly the number of black nominees explodes. The Nobel Prize committee, once the epitome of a well-respected and trusted awards program, exposes its political bias by giving a Peace Prize to Barack Obama for no good reason whatsoever.

Then, beginning in late 2017, in an expose published late last year by a Swedish newspaper, the Swedish institution was rocked by accusations  from18 women who said they were sexually harassed or assaulted by French arts promoter  Jean-Claude Arnault, who is married to poet Katarina Frostenson and is friends with Horace Engdahl, both  members of the  Academy that awards the Nobel Prize in literature.  Arnault was sentenced to two years in prison after being found guilty of raping a woman in 2011. This ugly publicity cast unwelcome light on more unethical conduct: a club called Forum that Arnault and Frostenson owned received a subsidy from the Academy. Yes, the members were voting finnacial benefits to themselves.  There were also credible reports of Frostenson giving names of winners to Arnault before they were announced,, allowing him place wagers and win money with insider information. As the scandal expanded, Frostenson and Engdahl refused to resign. Three other members of the Academy left in protest.

Nice. The Committee decided not to award a Nobel Prize for Literature in 2018.

I’m surprised they didn’t just give it to Barack Obama.

This brings us to the Pulitzers, which have always been suspect. Continue reading