justice

Law vs. Ethics: The Infuriating Big Branch Mine Disaster Sentence

/ Jack Marshall / 43 Comments

UBBMemorial

We really have to change sentencing guidelines so that white-collar criminals get the sentences they deserve.

Twenty nine men were killed in West Virginia’s Upper Big Branch coal mine explosion six years ago, and former Massey Energy CEO Don Blankenship, who was  found guilty of conspiring to avoid safety regulations that could have prevented those deaths, received only a one-year prison sentence and a fine.

A federal jury convicted Blankenship last year of a misdemeanor conspiracy to violate mine safety standards at Upper Big Branch. The jury acquitted him of felonies that could have put him in jail for 30 years. The judge handed down the stiffest sentence allowed for his misdemeanor conviction, but U.S. Labor Secretary Thomas Perez, prosecutors and the family members said later that the punishment was far too lenient for the nature of the crime.

Indeed it was. Corporations play the odds in a risk-reward game. If violating rules, regulations and laws can save or make millions and the eventual penalty when and if the company is prosecuted is only a fine, many companies and executives think it’s a risk worth taking. . If the risk also includes significant prison sentences for decision-makers, the risk-reward ratio changes significantly.

Blankenship was CEO of a company that intentionally risked the lives of its employees, and 29 men died. One year in jail looks like a rap on the wrist. Forget about the “Affluenza” kid: this sentence is far more disturbing.

“This man has no remorse at all!” a family member of one of the victims said. “He never approached none of us [after the mine disaster], he never told us he was sorry for what happened, and he knows he could have done the right thing.”

“I miss my family. (Blankenship) hugged his,”  he continued. “And all he gets is a year. The judge has done great; she gave him what she can give him. But there need to be stricter, more harsh penalties for people like that who put greed and money over human life.”

Yes.

Fairness To Clinton: #WhichHillary Is Fair, Black Lives Matter Isn’t

/ Jack Marshall / 8 Comments

Racial Justice Sign

Protesters who interrupt speeches are not engaging in free speech, they are defiling it. We can expect protesters of all sizes, shapes and colors to be interfering with campaign appearances this year, forcing candidates into a lose-lose-lose proposition of either giving the activists a platform they don’t deserve, rewarding rude and disrespectful behavior and looking weak (as Bernie Sanders did last year, allowing a Black Lives Matter group to hijack a campaign appearance), trying to ignore the disruption and thus being unfair to those who came to hear a speech without static, or being  confrontational with the protesters and alienating voters who may sympathize with their cause.

This is one area in which Donald Trump has a clear advantage: since neither he nor his addled supporters care about ethical values, he can safely be abusive to protesters, and he is. At the rate his abuse is escalating, I expect him to egg on one of his mobs to burning or eating one by the spring.

Thus I must sympathize with Hillary Clinton, who just had an ironic ethics encounter. Continue reading →

Dead Ethics Alarms And Dead Brains In Cleveland

/ Jack Marshall / 14 Comments
In other words, be just like Cleveland, Ohio.

In other words, be just like Cleveland, Ohio.

When I read that Cleveland was trying to bill the family $500 for the fatally wounded  Tamir Rice to be carried by an ambulance after an incompetent police officer shot the 12-year-old boy as he played with a toy gun in a city park, I began a mental countdown. How long would it be before a public outcry forced the Cleveland municipal government to cover the bill and apologize? It took about a day.

It doesn’t matter how one regards Rice’s death: a racist murder by a cop, excused by the justice system ( black activists, anti-polce race-hucksters  and too many journalists and pundits), blatant incompetence on the part of many adults and institutions, leading to the negligent, tragic death of an innocent child (Ethics Alarms), or something in between. The incident was a massive humiliation for Cleveland, its leadership and the police, justifying all of the anger and raw emotion in its aftermath. Tamir and his family were undeniably victims, and the city was the entity that harmed them. If there is a single individual on the city payroll who is incapable of immediately recognizing the grotesque insult of billing the family for removing the body of the dead child killed by city police, then the city itself is untrustworthy and dysfunctional. As it happens, many city employees must have been aware of the disgusting bill, and every one of them should have been smart enough to know that this was one expense the city had to eat or else. Now we know how and why Tamir died. Incompetent people are running the city, and incompetent people are dangerous.

Cleveland Mayor Frank Jackson apologized at a news conference yesterday, and said that the city would pay whatever wasn’t covered by Medicaid. “It was mistake in terms of us not flagging it, but it was not a mistake in terms of the legal process,” Jackson said. This logic echoes the rationalizations for the conduct of “The Worst Aunt Ever,” who sued her 12-year-old nephew to get insurance covered damages. Continue reading →

Bill Clinton’s Predator Past Rises Again To Haunt Hillary: Fair?

/ Jack Marshall / 11 Comments

hand rising

It is more than fair, actually. This is what George Will calls “condign justice.” It is so appropriate, ironic and long deserved  that all fair-minded Americans should run into the street shouting “Calloo! Callay!”

Well, metaphorically at least.

The fact that Bill Clinton smugly ducked impeachment while damaging the law, the culture, his office and his party in the process (just ask President Gore) and was allowed to slip easily into the role of beloved elder statesman and obscenely compensated celebrity speaker was enough to make one question the existence of cosmic justice. The fact that his wife was allowed to undermine the cases of his various victims and then achieve high elected office wearing the mantle of feminist champion was, if possible, worse, a catalyst for cynicism and despair.

I know of what I speak.

But as American jurist John Bannister Gibson (1780-1853) observed, “Millstones of Justice turn exceedingly slow, but grind exceedingly fine.” Both Bill and Hillary got careless and smug as time went on, as the culture evolved around them, not entirely in healthy ways, but definitely dangerous ways for them. Thanks to the Obama Administration’s weaponizing of sexual discrimination, bias and assault for partisan combat, feminists adopted an extreme and dangerous approach to sexual assault, taking the position that all women who accuse a man of rape or assault must begin with the presumption of credibility, in direct contradiction of long-held, core principles of American justice, which hold that the presumption of innocence rests with the accused, and an alleged victim must still prove her case. The Democratic Party, which back in Bill’s day shrugged off Clinton’s conduct with rationalizations like “Everybody does it” and fictions like “Illicit sexual activity by the President in his office with an employee that he subsequently lies about under oath and uses his power as President to evade responsibility for is personal conduct” (Bernie Sanders, who is old and didn’t get the memo, just repeated this canard: Try to keep up, Bernie!), embraced the feminist position with foolish and undemocratic gusto, and suddenly Hillary Clinton was saying, as if the history of her husband didn’t exist, that all victims of sexual abuse had the right to be believed. She said this, and then sent Bill out on the road to support her. Continue reading →

The Unethical Web-Shaming Destruction Of Holly Jones

/ Jack Marshall / 14 Comments

kilroysFB.0

“I will never go back to this location for New Year’s Eve!!!” young Holly Jones ranted on an Indianapolis bar and restaurant’s Facebook page. “After the way we were treated when we spent $700+ and having our meal ruined by watching a dead person being wheeled out from an overdose my night has been ruined!” The angry post accused the evening’s restaurant manager of rudeness, the party’s waitress of profanity and the establishment itself of inattention.

After a sharp on-line rebuttal by the restaurant, the Web Furies were unleashed. Jones’ post became the latest web-shaming catalyst and an invitation to join a cyber-mob where fun could be had by all turning an ordinary jerk into a national villain. Lots of people signed up. The mob tracked down Jones and bombarded her own Facebook page with hate—she took the page down—then moved on to the salon where she worked as a hairdresser, threatening a boycott unless it fired Jones.

So it did.

These exercises in vicious web shaming can be ranked along an ethics spectrum. At the most unethical end is the destruction of Justine Sacco, who had her legitimate marketing career destroyed by social media’s  hysterical over-reaction to a self-deprecating, politically incorrect tweet. Now she works promoting a fantasy sports gambling website, a sleazy enterprise that entices chumps into losing serious cash with a business model derived from internet poker—she not only had her life derailed, she was corrupted too.

At the other end is Adam Smith, the one-time executive who wrecked his own career, with the help of another cyber-mob, by proudly posting a video of himself abusing an innocent Chic-fil-A  employee because Smith didn’t like her boss’s objections to gay marriage.  Somewhere between the two is Lindsay Stone, who lost her job by posting a photo showing her pretending–she later said— to scream at the Tomb of the Unknown Soldier while flipping the bird at the “Silence and Respect” sign.

The distance between Smith and Jones is the difference between words and conduct. Smith’s video showed him abusing a young woman, and his posting of the video indicated that he saw nothing wrong with it. Jones, in contrast, did nothing, other than prove herself to be, at least at the moment she posted her rant, an utter jerk. Everyone along the spectrum, however, including Jones, were excessively and unjustly harmed by the web-shaming  campaign against them. Last I checked, Smith was unemployed and destitute three years after his episode of atrocious judgment.

In the current case, the cyber-mob forcing Holly’s employer to fire her is ethically worse, by far, than anything she can reasonably be accused of doing by posting her criticism of the restaurant. Continue reading →

Mistrial In The First Freddie Gray Trial: There’s No Way Out Of This Ethics Train Wreck

/ Jack Marshall / 16 Comments

Judge Declares Mistrial In First Freddie Gray Trial

In Baltimore this week, a judge declared a mistrial in the case of Baltimore Police Officer William G. Porter after jurors said they were deadlocked regarding all of the charges against him in the death of Freddie Gray. Porter, 26 and an African American, is the first of six police officers to be tried in Gray’s death. He has been charged with with involuntary manslaughter, second-degree assault, reckless endangerment and misconduct in office. Street protests began almost immediately.

Let’s review this disaster so far, shall we? Continue reading →

Desperately Seeking A Justification For The Unjustifiable Mizzou Meltdown, And Failing

/ Jack Marshall / 83 Comments

protest-mizzou

Yesterday, the Washington Post’s Janelle Moss, an African American issues columnist, presented an aggressive, dishonest and insulting justification for the destructive black student protests at the University of Missouri. In an earlier essay, I described them as an “I’m mad at the world and somebody has to pay for it” tantrum. I’m sticking by that description, despite the ennobling spin being put on it by apologists, many of whom are trying to blunt the damage being done to civil rights advocacy by the events of the last several days.

[N]owhere in this still-young week has there been a better example of the tension between the conservative and liberal views of race and the politics around it than behind the podium where University of Missouri President Timothy M. Wolfe stood and resigned Monday,” she wrote.  This is setting up Wolfe’s speech as a straw man. He was forced to resign, and ordered to do it without making matters worse. He was also protecting himself, and, I believe, was a weak and inept leader. How nice to be able to take a hastily written statement by such a dubious representative of any group and declare it the exemplar of “conservative views on race.”

Moss’s introduction was smoking gun proof that this was an example of an advocate picking out evidence to support what she already was committed to supporting, and atrocious evidence at that.

“The Fix is aware that some Americans are inclined to reject, outright, the idea that some words — those that we choose to express our ideas, what we say at critical moments and that which we do not mention — have deeper, often multi-layered meaning, ” she writes.  I don’t know what she thinks she is saying. “Many Americans” reject the idea that words have meaning? “Multi-layered” meanings? Who? Who believes that? What she is trying to do is to justify her next “proof,” which is junk science.

She consulted two minority social scientists, who have clear biases of their own (but coincidentally aligned with hers)  to psychoanalyze what Wolfe said in resigning, and allowing her to use their self-serving diagnosis (one has a book out about “dog-whistle” racism; the other makes his living writing and teaching about how racist the U.S. is) of a short and quickly composed speech to read not just Wolfe’s thoughts but to attribute them to all “conservatives.” The result is, or should be embarrassing. Continue reading →

Ten Ethics Observations On The Resignation Of University of Missouri President Tim Wolfe

/ Jack Marshall / 91 Comments

dominoes2

…for nothing, as far as I can see, except being in the wrong job when an “I’m mad at the world and somebody has to pay for it” tantrum by some of the black students got out of control.

Observations:

1. I have searched and searched for a substantive reason for the upheaval. There is apparently nothing there. The university, the education of students and two men’s career’s (the University’s Chancellor has also been forced to resign) have all been disrupted, and for no good reason, except that some students decided it was a good time to grandstand. This makes the entire episode unjust by definition.

How ironic it is supposed to be about “justice.”

2. The main driver of events was graduate student Jonathan Butler, who started a hunger strike to force Wolfe to resign”for justice.” Given a chance to explain his position by the Washington Post, he had nothing definitive or constructive to offer, just vague dissatisfaction:

“I’m saying, even if you can’t really understand systemic oppression and systemic racism, is the fact we can’t be at a university where we have values like “Respect, Responsibility, Discovery and Excellence” and we don’t have any of those things being enacted on campus, especially in terms of respect. I’m on a campus where people feel free to call people the n-word, where people feel free as recently as last week, to used [their] own feces to smear a swastika in a residential hall. Everything that glitters is not gold. We really need to dig deep and be real with ourselves about the world we live in and understand that we’re not perfect but understand that just because we’re not perfect doesn’t mean we don’t start to understand and address the issues around us.”

Right. Some kids in a car that may not have been students and another individual on campus who has not been identified used  racial epithets. Some mentally deficient person, also unidentified, drew a swastika on campus using human excrement. (This type of incident tends to be a hoax  as often as not.) What exactly is the president of a university supposed to do about such things ? Wolfe mandated “sensitivity courses” for everyone on campus, which is already too much. I would refuse to attend. I would not respect anyone who did attend.

Heck, I might start a hunger strike.

It works. Continue reading →

“Justice for the Nicholas Brothers”…Again

/ Jack Marshall / 6 Comments

Sometimes it all seems worth it.

Yesterday, late at night, I received an e-mail from a music teacher at a Catholic elementary school in Connecticut. He had introduced his young students to great musicians of the past, such as Louis Armstrong and Ella Fitzgerald, and arouse their admiration and excitement when he showed them videos of The Nicholas Brothers. Recently he came upon my post on Fayard and Harold from 2012, and felt compelled to write me agreeing with my lament that such miraculous performers could be so forgotten today because of their marginalization by the film industry and society. He wrote…

“We have most definitely talked of racism but I now want to read the class your article and get the feedback. Your article is succinct and eloquent.  Your article assessment is sadly true. My goal is not necessarily to revive the Nicholas Brothers:  it is to kindle in each of the kids in the class the spirit of excellence that each of us has and to let nothing stop us from reaching the top.”
To be honest, I had forgotten about my post about remembering the Nicholas Brothers. I checked: the post has only been read by about a thousand visitors since I wrote it; if my objective is to keep the legacy of these amazing dancers alive, it’s probably time for a re-post.

At the Sun Valley Lodge, there is a television station devoted to playing the 1941 film “Sun Valley Serenade” on a loop. It is a genuinely awful movie, starring John Payne of “Miracle on 34th Street” fame, Norwegian ice skater Sonia Henie, and Milton Berle, although it does show the famous ski resort in the days when guests used to be towed around the slopes on their skis by horses. Last time I was in Sun Valley to give a presentation, I watched about half the film in disconnected bites, since I never can sleep on such trips. This time I finally saw the whole thing. At about 3 AM, as Glenn Miller was leading his band in the longest version of “Chattanooga Choo-Choo” in history, Fayard and Harold Nicholas suddenly flipped onto the screen, and “Sun Valley Serenade” briefly went from fatuous to immortal.

If your reflex response to that last sentence was “WHO??,” you are part of the reason for this post, and also in the vast and deprived majority of Americans. As I circulated among my future audience of lawyers and their spouses yesterday morning, happily informing them that the terrible movie playing around the clock in their rooms included the dance team called “the unforgettable Nicholas Brothers” in more than one tribute, I learned that none of them had any idea what I was talking about, and many of these individuals were old enough to have been able to see Fayard and Harold in a theater. The Nicholas Brothers were, you see, the greatest tap-dancers who ever lived, and the most amazing dance team that ever will be. Continue reading →

The Gangolf Jobb Affair: When The Only Tool You Have Is A Hammer…You Can End Up Looking Pretty Silly

/ Jack Marshall / 13 Comments
"HA! Just what I need to stop illegal immigration!"

“HA! Just what I need to stop illegal immigration!”

Meet Gangolf Jobb, a German scientist, and the inventor of Treefinder.  Treefinder is often used in  scientific papers to build “phylogenetic trees,” which are  diagrams that showing the most likely evolutionary relationship of various species, from sequence data. He is angry at nations that, in his view, are endangering capitalism and the world by allowing too many migrants and immigrants to cross their boarders. So to punish such countries, including the U.S., he is  revoking the license to Treefinder of scientists in Germany, Austria, France, the Netherlands, Belgium, the United Kingdom, Sweden, and Denmark, and the United States.

There are many things wrong with this solution. Most of all, it is unjust. I think I might be able to come up with something less related to immigration and refugee policy than phylogenetic trees, but it would be a challenge. What is the point, not to mention the logic—and this guy is a scientist!—of punishing an elite group of scientists for what their native politicians are doing? The victims of Jobb’s indignation have no special power in this matter, don’t involve themselves in it, and don’t advance it by misuse of his software. This is warped accountability and responsibility; it is like kicking your dog because you are mad at the neighbors. Continue reading →