Ethics Dunce: The Smithsonian Institution

anita-hill

The new Smithsonian Institution’s National Museum of African American History and Culture is intended to celebrate the two aspects of African American influence on the nation mentioned in the title, and that includes honoring  influential and historically significant African American leaders. Among the figures ignored by the museum’s displays is Associate Justice Clarence Thomas, only the second black member of the Supreme Court. The museum does, however, celebrate the “heroism” of his last-minute accuser at Thomas’s confirmation hearings, law professor Anita Hill.

This is another and particularly sad reflection of the petty partisan bias and lack of integrity demonstrated by the Obama Administration at so many levels. It is stuffed with so many intractable ideologues, and often incompetent ideologues, that objectivity, respect and fairness are frequently too great an effort to muster. The museum honors Hill, who was recruited as a last ditch effort by Democrats to block President George H.W. Bush’s nomination of a black conservative judge to the Supreme Court and whose accusations of sexual harassment were never verified except by the confirmation bias of Democrats and Thomas’s enemies. It chose to snubThomas, which all involved had to know would be seen as an insult to the Justice, and a calculated one.

By all logic and reason, Hill should be, at best, a footnote to a Thomas display. Mean-spirited bias from the empowered Left under Obama has extended even to museum curating, which should be non-partisan. Continue reading

Without Courage, Integrity And Professionalism In The Legal Profession, The Rule Of Law Hasn’t A Prayer: The House of Representatives v. Burwell Saga

" Nice law firm you got here. Too bad if something were to happen to it..."

” Nice law firm you got here. Too bad if something were to happen to it…”

As I explained  here and here in 2015, the process of judicially determining whether the Defense of Marriage Act was constitutional or not was unethically sabotaged by  threats to and improper lobbying of the law firm that had agreed to defend it. The Justice Department and the President had refused to do their sworn duty to uphold the laws of the United States, and same-sex marriage activists pressured the biggest client of the firm that had accepted the case to pass the pressure along. It worked. The firm dropped the case, precipitating a resignation by the partner handling it and this ringing assertion of traditional legal ethics:

“…[D]efending unpopular positions is what lawyers do. The adversary system of justice depends on it, especially in cases where the passions run high. Efforts to delegitimize any representation for one side of a legal controversy are a profound threat to the rule of law.”

This was, we are learning, not an anomaly. On the Volokh Conspiracy, law professor Josh Blackmon relates how the same strategy of applying of unethical political pressure, and the unprofessional capitulation of major law firms to it, nearly made a legitimate challenge to illegal payments to insurers under Obamacare impossible. He explains in part: Continue reading

Observations On The University Of Houston’s Anti-Free Speech Oppression

zipper on mouth

Prelude

I gave an ethics training session for a local non-profit yesterday. At the end of the two hours, a staffer who was pursuing U.S. citizenship was obviously stimulated by the various issues and principles we had discussed and had many provocative questions, which he struggled to articulate in his second language, for he was Sorth Korean. “Why is it right for me to pay taxes to assist illegal immigrants?” he asked. “In Sorth Korea, they say we are decades behind the US is democracy, but Korean laws are enforced no matter who the law-breaker is. I see that law-breakers in the US who are rich and powerful or famous get special dispensations from the law. Doesn’t that mean that Korea is ahead of the U.S., at least in that respect?” (Gee, I wonder who he was referring to…)

He had insightful observations, as recent immigrants to the U.S. so often do. Finally he said, “Do you agree that political correctness is a great threat to liberty and democracy?”

Yes. Yes I do. I thought so the first time I heard the term “politically correct” in the Seventies, and was so certain that the concept’s loathsomeness (and the parallel loathsomeness of its advocates, frankly), ensured that it would be a short-lived phenomenon.

Which shows how smart I am…

***

Shortly after the July 7 massacre of  five police officers in Dallas, Rohini Sethi, the vice-president of the University of Houston’s Student Government Association, posted this on Facebook:

BLM tweet

The student governing body suspended her from her office and the group.

From the Houston Chronicle…

Student body vice president Rohini Sethi has been suspended by the SGA and is temporarily barred from participating in group activities. She is also due to attend a “diversity” workshop per the ruling….The University of Houston issued a statement this week that said the move is not a university action and doesn’t impact Sethi’s academic standing. “The University of Houston continues to stand firm in support of free speech and does not discipline students for exercising their constitutional rights,” the statement said.

The action came after minority student groups on campus condemned her statement as racist or “insensitive,”and demanded her removal. The accommodating president of the SGA complied. For her part, Sethi apologized and agreed to take a three-day cultural sensitivity workshop, though she wrote several Facebook posts defending her actions. Ultimately she was brought to heel, made a public statement along with the SGA head, and like a brain-washed prisoner of war, grovelled..

“I have chosen to take these steps on my own because of the division I’ve created among our student body. I may have the right to post what I did, but I still should not have. My words at the time didn’t accurately convey my feeling and cause many students to lose their faith in me to advocate for them. I will always continue to learn and be ready to discuss these issues.”

Observations: Continue reading

Behold..THE DUMBEST ETHICS STORY EVER TOLD!!!

peetoy

Are you ready?

James and Isabelle Lassiter, who hail from Texas, were visiting Murfressboro, Tennessee and stopped into a Wasabi Japanese Steakhouse recently with their children. Apparently the sense of humor at hibachi restaurants has declined precipitously since the last time I ate at one, for I am told that the gag the Lassiters endured is now common fare. One of the Wasabi chefs held up a plastic toy depicting a little boy, and when the boy-toy dropped his shorts, he squirted water in a long, thin stream, as if urinating. The children were delighted! They were especially delighted when the stream hit their mom in the face.

Isabelle Lassiter was not delighted. In fact, she and her husband called the police, and accused the chef of sexual assault. “It peed on me…basically, out of his… wee wee area,” Isabelle explained, delicately.”It really didn’t have a wiener, but you got the point.” Investigators, who briefly took the toy into custody, indeed noted that the toy wasn’t anatomically correct. An officer wrote, “I observed the toy to have no penis and just a hole for the water to shoot out.”

PLEASE don’t tell me that if the toy did have a plastic penis, the claim of “sexual assault” would have been taken more seriously.

The Lassiters agree that this detail should not matter. “Just because somebody cut off a piece of plastic…doesn’t change the fact that you’re getting peed on,” said James Lassiter. “It was a sexual style assault on my wife.”

This is not a hoax. I wish it was a hoax. Reading about it has temporarily disrupted my capability to organize my thoughts, so I’ll just note the following in no particular order:

1. It was not sexual assault, by any stretch of the imagination. Nobody “peed on” Mrs. Lassiter. The cook squirted water on her, using a juvenile, risqué version of a squirt gun.

2. If Isabelle thought even  for a second that the stream of liquid was urine, she has a cognitive problem. Isabelle, pay attention: plastic figures do not urinate. They are toys. They have no bladder or kidneys. Even if the liquid comes from the toy’s “wee wee area,” it can’t possibly be urine.

3. Calling the police was beyond an over-reaction; it was truly idiotic, and it should be punishable. I’m trying to think of any reason not to have an ordinance that declares a spurious and wasteful call for police a misdemeanor carrying a hundred-dollar fine. Of course, such an offense should only be declared in extreme circumstances…like this, for example.

4. The manager of Wasabi did issue an apology to the couple, but claims he has never had any complaints about the toy in the past. “The kids like it, they think it’s a water gun, kind of like a water gun you know,” said Mr. Huang. Ah! The old “if kids think it’s funny, it’s ethical” standard. This standard is not reliable. The Lassiter kids might well have also found it hilarious if the chef hit their surprised mother with a cream pie, a pillow, or a dead cat. Continue reading

DNC Progressives Jump The Shark

Pop Quiz: Name all the ways this photo is appropriate to the post...

Pop Quiz: Name all the ways this photo is appropriate to the post…

[A “Happy Days” reference seems felicitous, since last week saw series creator, writer and frequent director Garry Marshall head off to the Big Malt Shop In The Sky. In addition to having the good taste to be named Marshall, Gary’s myrth-inducing career in TV and movies as a producer, writer, director and actor (Marshall’s turn in “Lost on America” as the incredulous casino boss whom a desperate Albert Brooks tries to persuade to give back the life savings lost by Brooks’ wife in a mad gambling spree might be my favorite comic acting bit of all time) was long and productive, and the culture will miss him greatly. As will I. ]

Attention must be paid to the fact that while the speakers at the Republican National Convention sounded scary (to some), the Democratic National Convention authorities acted scary.

Twenty-one Vermont Democrats have filed an official complaint with the party, protesting that the Democratic leadership ordered  the state party to replace Vermont Sen. Tim Ashe and party member Ken Dean with women, in the name of “gender balance” without adequate due process.

By all means, let’s make sure that gender discrimination in pursuit of the greater good and Progressive Nirvana is done with due process!

I think it’s cute that both political parties are losing their minds at the same time, don’t you? Continue reading

Johnny Manziel’s Lawyer’s E-Mail Ethics Disaster

email mistake

In an article last year inspired by increased attention in the legal profession prompted by Hillary Clinton’s epic incompetence handling her e-mail, New York’s Legal Ethics Reporter last year published “Ethical Implications & Best Practices for Use of Email.” It began with a quiz:

Which of the following statements are true?

A. Email is a wonderful tool for the successful practice of law.

B. Email not only saves time and money, but also allows for prompt communication with clients, colleagues, and opposing counsel.

C. Email is overused, often results in incomplete or inaccurate responses to inquiries, and fills up your Inbox with useless information.

D. Careless use of email can subject the sending lawyer to embarrassment, unhappy clients, lost income, breach of the duty of confidentiality, discipline, or claims of malpractice.

E. All of the above.

The correct answer is E— All of the above.

One reason lawyers are, as a group, far less forgiving of Hillary’s nonsense (and lies) is that her conduct, if it involved a client, and not just a relatively minor institution like the U.S. State Department, would constitute a clear violation of  the ethics rules covering competence and confidentiality. (Let’s ignore, for now, the rules requiring honesty and the avoidance of conflicts of interest.). Work- and case-related e-mail must be handled with care, or disasters occur. One of the lawyers for disgraced ex-NFL quarterback Johnny Manziel just provided a lesson in how that can happen, and it is going directly into my next seminar.

Defense attorney Bob Hinton, representing  Manziel  in a hit-and-run case, accidentally sent an Associated Press reporter an e-mail intended for the athlete’s legal team. The misdirection appears to be the result of an auto-address feature that assumed whom Hinton wanted to communicate with based on the first few letters he typed.

In the memo, Hinton expresses exasperation at the extent of Manziel’s dependence on illegal drugs, and reveals that he has a receipt that shows Manziel may have spent more than $1,000 at a drug paraphernalia store just 15 hours after he was involved in the crash. “Heaven help us if one of the conditions is to pee in a bottle,”  the lawyer wrote. This is a problem, since Manziel is seeking a plea deal that almost certainly would require periodic drug tests. Continue reading

Why Are So Many National Parks Visitors Vandalizing Nature?

bison calf

My initial impression was that this trend is another canary dying in the mine (yes, I know THAT isn’t a canary!), as being and acting stupid and unethical becomes increasingly culturally acceptable. My theory holds that the public sees so many rich, powerful, successful public figures exhibiting these traits, and yearns to adopt their habits and values

The most recent example is the episode represented by the photo above. Well-meaning but ignorant tourists in Yellowstone National Park, where no human is supposed to get within 25 yards of the wildlife, decided to “rescue” a bison calf they found away from its herd, so they stuffed the animal into their car. They drove it to a ranger station, where they were cited for violation of park rules.

In effect, they had killed the calf. When the young bison was returned to the herd, the mother rejected it, and the beast began approaching humans, seeking food and company.

The park had to euthanize it.

Said the park officials in a statement,

“In recent weeks, visitors in the park have been engaging in inappropriate, dangerous and illegal behavior with wildlife. These actions endanger people and have now resulted in the death of a newborn bison calf.”

Morons. The Park Service should release their names, or give some Yellowstone wolves their scent. This is not a new taboo; there is no excuse for any visitor to a National Park to think this is responsible conduct.

Not fatal but equally infuriating is the tale behind this photo: Continue reading

The Boaty McBoatface Affair, And What It Means For Donald Trump

Boaty McBoatface

Great Britain’s National Environmental Research Council has a new $300 million ship being readied for a 2019 launch. It is a 128-yard-long, 15,000-ton beauty designed to serve as a “new polar research vessel which will deliver world-leading capability for UK research in both Antarctica and the Arctic.”  The Council put naming its new ship to the public, and asked for it to choose a name. Apparently in the grip of a Monty Python hangover, the name overwhelmingly chosen in an online vote was “Boaty McBoatface.”

Uh, no. Science Minister Jo Johnson announced that another, more suitable  name would be chosen.“The new royal research ship will be sailing into the world’s iciest waters to address global challenges that affect the lives of hundreds of millions of people, including global warming, the melting of polar ice, and rising sea levels. That’s why we want a name that lasts longer than a social-media news cycle and reflects the serious nature of the science it will be doing,” he said.

Jonathan Turley, who has written two posts about “Boaty McBoatface,” is expressing dismay that humorless bureaucrats would reject “democracy.”  And I’m sure if George Washington Law School decided to have the public pick a new name for the professor’s employer, he’d embrace whatever whimsical, law-mocking choice they made, like “The Greedy McLieface School of Law.”

Turley thinks the ship’s popular name is funny, ergo he thinks its just fine. Of course, he doesn’t have to justify the agency’s budget, or put the gag name on his resume, or convince people to take the projects of an organization seriously when its flagship presents itself as a lark.

Johnson and his colleagues have a higher ethical duty than blindly accepting a “democratic” vote from people who don’t really care about the National Environmental Research Council’s work. “Boaty McBoatface” would be detrimental to the Council’s public image, self-image, moral and effectiveness. They had a duty to reject it. Prof. Turley thought it would be great for T-shirt sales.

He really needs to get off campus more.

Final thoughts: Continue reading

Is It Wrong To Laugh At This Story?

"Now, you're sure about this, right?"

“Now, you’re sure about this, right?”

Jonathan Turley found this strange tale, and the professor managed to find a jurisprudence issue in it. Not me: I want to know if finding it hilarious demonstrates unseemly cruelty.

In Zimbabwe, prophet Shamiso Kanyama instructed his followers to bury him alive as part of a ritual to cleanse their house of evil spirits. They did as he asked, and when they dug him up later he was dead.

The family that buried him is charged with murder. “Now the courts have a case where the victim demanded on religious grounds to be buried alive,” writes Turley. “The followers clearly believed that he could survive out of their own religious zeal. What should be the punishment in such a case?”

Oh, I don’t know: a conviction for murder, but a lighter than usual sentence. I don’t really care: this is Darwinism as work. My question is whether it is proof of a lack of empathy that the story reminds me of Monty Python, and makes me laugh.

Yet More Casting Ethics: “Hamilton’s” ‘No Whites Need Apply’ Open Casting Call

_hamilton

[ I am back from a speaking engagement that required over eight hours of driving, being in a supposedly “luxury resort” hotel room that had no Wi-Fi for most of my stay and no functioning TV for any of it,  and various other distractions and misadventures that prevented me from posting so far today. I apologize, though it is really the famous Omni Homestead in Hot Springs, VA. that should apologize. The good news is that my seminar was well-received, and that the disappointing trip–this time I was paid only with the supposedly sumptuous two-day  Homestead experience for myself and my long-suffering spouse, including outdoor activities that were impossible due to constant rain and a room with more things in poor repair than a Motel 6—is over.]

 

Broadway’s biggest hit, the Tony-winning  “Hamilton,” is under attack for, of all things, racism.

An open casting announcement on the show’s website read…

“Hamilton” is “seeking NON-WHITE men and women, ages 20s to 30s, for Broadway and upcoming Tours.”

Whaaaat? This joyous musical celebration of America’s founding and its Founders’ inspiration…engaging in racial discrimination? How could this be? Sniffed Actors Equity spokeswoman Maria Somma “The language … is inconsistent with Equity’s policy.”

Yes, this would be because Actor’s Equity has a lot of dumb policies, and like all unions, doesn’t really care about keeping the industry its members work in healthy, productive and profitable, only  making sure as many members as possible have jobs or at least shots at them. There is nothing whatsoever racist or discriminatory about a show that relies on the concept of non-white actors playing the very white Founding Fathers announcing that only actors who can fulfill that conceptual requirement will be considered for roles.

Civil rights attorney Ron Kuby, in an interview with the NY Daily News,  agreed the advertisement might technically violate the city’s human rights law, but that this is because casting is an anomaly. “It’s almost always illegal to advertise on the basis of race, but when you’re casting … it can be a bona fide occupational requirement,” he said. Continue reading