private clubs

Cold Monday Morning Ethics Warm-Up, 12/10/18: You’ve Got Ethics To Keep You Warm!

/ Jack Marshall / 27 Comments

Brrrrr!

Maybe this will help...

1. Starting with the important stuff: Baseball’s badly-named Today’s Game Era Committee announced that long-time right-fielder/designated hitter Harold Baines and towering closer Lee Smith had been voted into the Major League Baseball Hall of Fame. Smith, who retired as the all-time saves leader and is now third behind two Hall of Famers, was a defensible pick, but not Baines. The Committee’s job is to look back on players who were rejected in the regular Hall of Fame voting process and see if some of them fell through the cracks who were Hall caliber. There are only 16 members of the committee, and an ex-player needs 12 votes to enter Cooperstown. The sixteen members included at least four with strong ties to Baines, and they  presumably argued eight more members into letting him squeak by.  Bias made them stupid. Those four, which included Baines’ former manager and the owner of the Chicago White Sox, which retired his number, should have had to recuse themselves because of conflicts of interest.

Baines led the league in an offensive category, once, when he had the best slugging percentage in the American League. He never finished high in the Most Valuable Player voting. Most of the players who compare most closely to him are not in the Hall. The big thing Baines had going for his candidacy as a very good but not great player was that everybody liked him. He’s sort of the opposite of Curt Schilling, who is clearly Hall-worthy but whom most sportswriters hate—too religious, too conservative, too mouthy.

Now the argument for admitting other good but not great players will be, “But he was better than Harold Baines!” This is how conflicts of interest undermine the integrity of institutions.

2. When Naked Teachers have no excuses.  The Naked Teacher Principle holds that when a teacher allows a nude photo of herself or himself to circulate on the web where it can be seen by students, that teacher cannot complain when and if it leads to their dismissal.  A teacher really can’t complain if she sends the photo to a student intentionally, which is what Ramsey Bearse, 28, a former Miss Kentucky now teaching at Andrew Jackson Middle School in Cross Lanes, West Virginia, did with a 15-year-old former student , according to the sheriff’s office. She faces four felony counts of distributing or displaying obscene matter to a minor.

3. Pondering whether to include an open Ethics Alarms forum as a regular feature. Many of the blogs I frequent for story ideas do this late at night. Ethics Alarms has done it once when I was forced to be away from a keyboard for most of the day, and I was impressed with the results. Those forums on the other blogs often devolve into silliness, bad jokes, memes and worse, and I would insist that an “open forum” on Ethics Alarms be restricted to raising and discussing ethics and ethical topics. Continue reading →

Good-Bye To The Hasty Pudding Show

/ Jack Marshall / 19 Comments

The Hasty Pudding Theatricals is an ancient  Harvard theater troupe that was always a drag show, staging productions since 1844 in which men played all the women’s roles. It has announced that, for the very first time, it would include women in the cast.  “The Hasty Pudding Theatricals is proud to announce that going forward, casting will be open to performers of all genders,” the group’s producers, Hannah Needle and Annie McCreery, said in an email.

This is an institution fatally impaling itself on the obelisk of political correctness.

I wondered when this would happen. I assumed it was inevitable once Harvard’s social justice warrior President Drew Faust announced in spring 2016 said that students who participated in single-gender clubs would not be allowed to hold on-campus leadership positions, captain sports teams, nor be eligible to receive  endorsements for prestigious fellowships. Last year,Harvard considered banning the clubs outright, which would have included the Hasty Pudding Club which originated the show, but decided  in 2017 to continue its policy of sanctions while leaving the threat hanging, like the sword of Damocles.

The Hasty Pudding show was an anachronism even when I was student. Student drag shows were common in the days before co-ed schools, and Harvard’s was the last one standing, which is what made it worth seeing and famous, the same random process that immortalized Fenway Park and George Burns. The show had a budget the size of a professional touring show, and did tour, performing for Harvard alumni clubs across the country, in addition to a month’s long run at the group’s Harvard Square theater. It hired a professional director, much of the orchestra, and the students who participated essentially gave up half a year of their education to participate. Harvard used to make its students who were interested in performing careers get their experience in extra-curricular theater groups like “the Pudding,” as it is called: there was no theater major. Thus stars-to-be like Jack Lemmon and Fred Gwynne got their start on the road to fame in Pudding shows.

The whole point is, however, that it’s a drag show. Many of the laughs come from the running joke that the women in the story are played by men, usually the biggest, tallest, hairiest ones available. The show is far more of a spoof on men than women. I have never known a woman who was offended at drag comedy. I have known many men and women who didn’t find it funny—my father hated Milton Berle especially because of his penchant for dressing in drag. I’m not a fan either, although John Cleese’s female impressions are irresistible.

I was also not a fan of the Pudding show itself, despite being very active in campus theater and having many friends who performed. I only saw one of the productions, “Bottoms Up!”, my freshman year. It was slick, well-performed, the costumes were terrific, and the original, student-written songs were excellent—I still have the cast album–but one hasty Pudding theatrical was plenty. The climax of every show was a spectacular kickline, which was perfectly executed by big, hairy guys dressed like the Rockettes. Again, not my cup of tea: I appreciated it rather than loved it. Continue reading →

Harvard’s Female Students: ‘Wait, That Ban OnThe Freedom Of Association Off Campus Wasn’t Just For Men? Outrageous!’

/ Jack Marshall / 47 Comments

Back in 2016, Harvard University President Drew Faust sent an email to undergraduate students and the Harvard community,  announcing that beginning with the 2017 entering class, undergraduate members of unrecognized single-gender social organizations (called “fraternities and sororities” at normal colleges)  would  be banned from holding athletic team captaincies and leadership positions in all recognized student groups. They would also be ineligible for College endorsement for top fellowships like the Rhodes and Marshall scholarships. I wrote in part,

Let us be clear what Harvard is trying to do here. It is seeking to punish students for their associations and activities unrelated to the school itself, and using its power within the limits of the campus to indoctrinate ideological values and require conduct that is unrelated to education. This is a rejection of the principle of freedom of association, one of those enumerated rights protected by the Ninth Amendment of the Bill of Rights, and a cornerstone of American principles. If the college can, in effect, create a blacklist withholding institutional honors from those who choose to belong to an all male or all female club completely distinct from the university, what clearly delineated line prevents the same institution from declaring that membership in the Republican Party, Occupy Wall Street, Americans For Trump or the NAACP are similarly undermining its values?

There is no such line.

But the policy went forward. Then, last July, a Harvard University task force advised banning students from joining any “fraternities, sororities, and similar organizations” as part of a process to phase out the social groups entirely by 2022. The recommendation was not adopted. Now, three sororities (remember, these are off-campus organizations not officially affiliated with Harvard) announced that they will still  recruit freshman women next semester.

“This is the spirit in which Alpha Phi, Delta Gamma, and Kappa Alpha Theta were established during the early 1870s,” the sororities said in their joint statement, titled, “We Believe Women Should Make Their Own Choices.”

Ah! The magic word “choice”!

Your move, President Faust! Continue reading →

Morning Ethics Warm-Up: 7/16/2017

/ Jack Marshall / 47 Comments

 Isn’t it a lovely morning?

1. This isn’t the first post of the day: I woke up around 4 AM and couldn’t get back to sleep (“As My Guitar Gently Weeps” was playing over and over in my head, don’t ask me why, and images from the Red Sox 16 inning loss to the Yankees was giving me the night terrors), so I went to the office and wrote this post. Charlie Green, critic and friend, properly pointed out that my comment in passing that incorrectly alluded to rumors about Joseph P. Kennedy being a bootlegger was exactly what my  post was criticizing David Brooks for doing in his attack on the entire Trump family, going back generations, a truly ugly op-ed.

What I was sorely tempted to say was that I’m just an ethics blogger, trying to focus attention on ethics standards in a daily blog from which I receive no income and intangible professional benefits if any. I mange to get 2000-4000 words published every 24 hours, working in short bursts while I try to earn a living, run a business, do research and be as good a father and husband as I can be. I have no editors, no researchers (except generous volunteers) and my blog is not a “paper of record” for journalists, seen by millions and paid for by subscribers. Is it really fair to hold Ethics Alarms to the same standards as David Brooks and the New York Times?

Make no mistake: my own standards are that no typo, no misstated fact, no misleading argument, are acceptable on an ethics blog, or any blog, or anything published on the web. Charles was right: using an unproven accusation of long-standing (Until Charles flagged it, I thought the bootlegging charge was a matter of public record) undermines my case against Brooks. Nonetheless, Brooks has absolutely no excuse. This is all he does, he has all week to produce a column or two, and he has a staff.

I’ve also corrected my error within hours of making it. What are the chances that Brooks and the Times will ever admit that they intentionally impugned the character of Fred Trump using rumors and innuendo as part of their ongoing effort to demonize the President of the United States?

My guess: Zero.

2. The big story this morning appears to be O.J. Simpson’s parole hearing. Will he be paroled and released after serving just nine years of the three-decade sentence he received for his participation in a burglary? Assuming that it is true that O.J., now 70 and unlikely to stab any more ex-wives and innocent bystanders to death, has been a model prisoner, yes, that would be the ethical result. O.J. got away with a double murder—he will not be asked at the hearing, “Once you’re out, can we assume that you’ll renew your relentless hunt for the real killer?”—but he wasn’t put in prison for that crime. Officially, he’s innocent. His fellow burglars were all put on probation, while the judge threw the book at the former football star, presumably to exact a measure of societal revenge for Nicole and Ron. The sentence was unethical. I don’t feel sorry for O.J. at all; I’m glad he had to serve hard time, just as I would have been happy if he had been squashed by a meteor. Justice, however, demands that he go free.

The bastard. Continue reading →

The President Is Right About The Mainstream News Media, And It Can’t Handle The Truth, Part I: This Morning’s New York Times Headline

/ Jack Marshall / 38 Comments

mar-a-largo

I actually had dreams, nightmares really, about this theme as it rattled around in my head last night. It began with a planned post titled “The President vs. The  Press,” but it  dawned on me, as I was “lying awake with a dismal headache and repose was tabooed by anxiety,” that even that headline would fail to convey the important ethics story beneath. When I got up, too early, I grabbed my morning paper off the front walk to see if the New York Times had once again manufactured an attack piece on the President as its main story.

It had. This one was titled “For, $200,000, A Chance To Whisper in Trump’s Ear At Mar-a-Lago.” It is a special variety of fake news, the kind that the biased news media defenders deny is fake news, because it contains facts and is merely deceitful, misleading, hyped and given far more prominence than the facts deserve. But all that makes it fake, because it misleads readers, and is intended to. It’s on the front page, so this must be important, think the Times’ readers, forgetting, or ignoring, the fact that this very paper vowed to jettison journalistic ethics in October to make sure Donald Trump never won the Presidency. Now it is using its power and influence to prevent him from being President.

He called them on it last week, unleashing their fury. More on that later…

This wasn’t the worst of the endless trail of Times stories sowing distrust, but it was what greeted me this morning. The headline suggests that Trump is selling influence for cash—you know, like the Clinton Foundation, or like Bill did when he rented out the Lincoln bedroom to rich Hollywood donors. The story’s placement in the paper suggests this is crisis-worthy. But we knew all about all the components of this “crisis” before.

We knew Trump’s corporation (not Trump personally, which is intentionally blurred in the article) owns a lot of properties, including this one. We knew this created a conflict of interest, and that it would allow critics to claim self-dealing whenever they thought it would help smear the President, as with the ridiculous claim that the seven Muslim nations on his Middle East travel halt were chosen because he owned no hotels in any of them.

We knew that Trump had been spending weekends at the resort since he took office.  Aside: The Times, cable news, and others are bashing him for that. Having made sure that Washington, D.C. is hostile territory, filled with marchers, protesters, people carrying signs insulting him and a population that voted 97% against him and wants him dead, the news media also wants him to be the Prisoner of the White House…all the better to kill him with stress and prompt the psychotic break they are sure is coming and that they can’t wait to occur. The President would be mad NOT to flee to his Palm Beach resort on weekends. I would. So would every hateful reporter, if they weren’t certain that The Golden Rule doesn’t apply to Donald Trump, like fairness and most other ethics principles.

We also have known for a month  the private club had doubled its dues since the Inauguration. That was an obvious, if ruthless,  business decision by the management. I doubt Trump had anything to do with that call, but then I’m rational and fair, unlike most on the left today. The club members are literally all mega-millionaires and billionaires, and $200,000 is not an unusually high figure for dues at  top-line exclusive golf clubs. $200,000 sounds like a huge expenditure to the typical American reading the Times. It’s not,  for these members.

Moreover, there are few memberships open, and almost all of the 500 current members predate Trump’s campaign:

“Membership lists reviewed by The New York Times show that the club’s nearly 500 paying members include dozens of real estate developers, Wall Street financiers, energy executives and others whose businesses could be affected by Mr. Trump’s policies. At least three club members are under consideration for an ambassadorship. Most of the 500 have had memberships predating Mr. Trump’s presidential campaign, and there are a limited number of memberships still available.”

You know, their businesses could have been affected by Mr. Trump’s policies whether they were members of the club or not. What’s the implication here, that the President is going to calibrate his policies to benefit duespayers? If these people were friends of the President (the news media has been telling us that he has no friends, but that was in a different set of hit pieces), he could meet with them, text with them, have a phone conversation with them any time he chose. Ah, winks the Times, but if they pay their $200,000, “the President himself could stop by your table for a quick chat”!

What a deal. Do the reporters and their editors really think that successful “real estate developers, Wall Street financiers, energy executives” and others are morons, or are they the morons? Or do they just count on their readers to be gullible fools? Continue reading →

Dear Harvard: Fire President Drew Faust And Dean Rakesh Khurana

/ Jack Marshall / 31 Comments
If these idiots are off-campus, 1) GOOD and 2) it's none of the college's business.

If these idiots do this off-campus, 1) GOOD and 2) it’s none of the college’s business.

In an e-mail to undergraduate students and the Harvard community, University President Drew Faust announced that beginning with next year’s entering class, undergraduate members of unrecognized single-gender social organizations will be banned from holding athletic team captaincies and leadership positions in all recognized student groups. They will also be ineligible for College endorsement for top fellowships like the Rhodes and Marshall scholarships.

The unrecognized single-gender social organizations are what is left of the old fraternities and sororities. When the Greek system was banned many decades ago (and Harvard was an all-male college), the frats reorganized as exclusive college clubs located in houses around Harvard Square in Cambridge. After Harvard merged with all-female neighbor Radcliffe College in the Seventies, sorority-like clubs emulated their male counterparts. In 1984, Harvard issued an ultimatum to the clubs to go co-ed, and the clubs responded by disaffiliating with the University.

Wrote Faust in part:

“Although the fraternities, sororities, and final clubs are not formally recognized by the College, they play an unmistakable and growing role in student life, in many cases enacting forms of privilege and exclusion at odds with our deepest values. The College cannot ignore these organizations if it is to advance our shared commitment to broadening opportunity and making Harvard a campus for all of its students….Captains of intercollegiate sports teams and leaders of organizations funded, sponsored, or recognized by Harvard College in a very real sense represent the College.They benefit from its resources. They operate under its name. Especially as it seeks to break down structural barriers to an effectively inclusive campus, the College is right to ensure that the areas in which it provides resources and endorsement advance and reinforce its values of non-discrimination.”

Faust was following the recommendation of Dean of the College Rakesh Khurana’s recommendations, who wrote in his report on the results of a “study”,

“[T]he discriminatory membership policies of these organizations have led to the perpetuation of spaces that are rife with power imbalances. The most entrenched of these spaces send an unambiguous message that they are the exclusive preserves of men. In their recruitment practices and through their extensive resources and access to networks of power, these organizations propagate exclusionary values that undermine those of the larger Harvard College community…Ultimately, all of these unrecognized single-gender social organizations are at odds with Harvard College’s educational philosophy and its commitment to a diverse living and learning experience.”

Let us be clear what Harvard is trying to do here. It is seeking to punish students for their associations and activities unrelated to the school itself, and using its power within the limits of the campus to indoctrinate ideological values and require conduct that is unrelated to education. This is a rejection of the principle of freedom of association, one of those enumerated rights protected by the Ninth Amendment of the Bill of Rights, and a cornerstone of American principles. If the college can, in effect, create a blacklist withholding institutional honors from those who choose to belong to an all male or all female club completely distinct from the university, what clearly delineated line prevents the same institution from declaring that membership in the Republican Party, Occupy Wall Street, Americans For Trump or the NAACP are similarly undermining its values?

There is no such line. Continue reading →

Appearance of Impropriety I: Federal Judge in a Whites Only Club? Ethical, As Long As He Doesn’t Like The Policy. Wait…WHAT?

/ Jack Marshall / 7 Comments

Our Motto: "Trying to find a qualified black member for 110 years...and still looking!"

Is it an ethical violation for a Federal judge to belong to a whites-only country club?

Sure it is. Was that so hard?

Apparently for a judicial appeals panel in Tennessee, it is.

In May of 2008, an anonymous woman complained to the chief judge of the 6th Circuit Court of Appeals that Federal bankruptcy  Judge George Paine II’s  membership in the ritzy Belle Meade Country Club violated the judicial ethics code of conduct that decrees that judges “should not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin.”  This was a reasonable complaint to make, since the judicial codes for both Federal judges and Tennessee judges say that…

 CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES

2 C   A judge shall not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin. Continue reading →