privilege

Unethical Tweet Of The Month: Actress Rosanna Arquette

/ Jack Marshall / 18 Comments

Observations, besides the obvious and obligatory, “What an idiot!”…

1. This is signature significance for a stupid woman, desperately virtue- signaling to her peer group. No fair or intelligent person would say or think such a thing.

2. The tweet is declaring that an entire race should be ashamed of itself. This is bigotry; this is racism. Arquette lacks the intellectual skill to figure that out, though it is startlingly straightforward.

3. One of the responses to the tweet, which helps us define the kind of person who would follow the likes of Rosanna Arquette on Twitter, wrote, “Please don’t. I understand the inclination but this is actually more harmful than helpful. POC are not trying to shame decent white people for being white. This feeds into a right wing talking point that this is what we want. I don’t. I want allies who see my humanity. That’s it.”  Continue reading →

Comments Of The Day: The College Admissions Bribery Scandal

/ Jack Marshall / 3 Comments

This is a bit of a departure, a showcase for one of Ethics Alarms most active commenters (especially appreciated as the blog experiences boycotts, embargos, and Facebook blocking and other indignities), Michael R. The topic is the recent College Admission scandal, which has been covered here and here.

Michael, an educator, is well informed on this topic, and he shows it in three excellent Comments of the Day.  And I forgive him for never, ever, making a typo.

I.

The college scandal has many, many facets. What has caused standards to slip so low? Well, athletics obviously has a corrosive effect, with students admitted based on athletic ability instead of academic ability. The grade inflation has also greatly degraded college standards. The almost lack of education occurring in our high schools is another factor.

An overlooked factor, however, is the public higher ed systems’ oversupply of colleges. Public college policy has mainly been about votes and prestige, not actual societal need. This has resulted in a lot more colleges than the country actually needs. A typical example would be Local Community College. Well, the President of Local Community College would rather not be the laughingstock of the College President’s Club, so he petitions the state legislature to authorize his school to offer 4-year degrees. He states that his community deserves a 4-year school like (insert rival town here). This proposal is mainly decided on its political merits, not the needs of the state as a whole. It goes through, along with new funding for new facilities, new faculty, and more students for the Local State College. With all the Community Colleges becoming State Colleges, the presidents of the Regional State Colleges petition to become Regional State Universities. They point out the prestige and grant money they could get if they had graduate programs. This too, is granted based on political merit. The National Science Foundation is then pressured to remove funding from the traditional research schools and transfer it to the new State Universities amid allegations of elitism for favoring longstanding research schools with top-notch researchers over the new State Universities with no significant research results and they cave. Now, with no community colleges left, a new round of community colleges is constructed. This increases the number of seats for college students by 30% or so, but there are not more high school students graduating. This is repeated all over the country, so out-of-state students are not an option. The only reasonable option is to lower admissions standards. Once the admission standards are lowered, retention suffers and the faculty are ordered to improve retention and graduation rates. The only reasonable way to do this is to make the classes easier and the race to the bottom is on. Continue reading →

Observations On “Operation Varsity Blues” [UPDATED!]

/ Jack Marshall / 36 Comments

It is rare that an ethics story is the front page feature of the day, but the scandal that broke last nigh is certainly that. From the AP, on the results of the investigation code-named “Operation Varsity Blues”…

Fifty people, including Hollywood stars Felicity Huffman and Lori Loughlin, were charged Tuesday in a scheme in which wealthy parents allegedly bribed college coaches and other insiders to get their children into some of the nation’s most elite schools. Federal authorities called it the biggest college admissions scam ever prosecuted by the U.S. Justice Department, with the parents accused of paying an estimated $25 million in bribes.

More…

At least nine athletic coaches and 33 parents, many of them prominent in law, finance or business, were among those charged. Dozens, including Huffman, were arrested by midday.

Huffman, best known for “Desperate Housewives,” is married to celebrated actor William Macy (“Fargo”). Presumably he is going to be arrested too.

The coaches worked at such schools as Yale, Stanford, Georgetown, Wake Forest, the University of Texas, the University of Southern California and the University of California, Los Angeles. A former Yale soccer coach pleaded guilty and helped build the case against others.

Yikes. You can get all the details at The Atlantic, Esquire, The Stanford Daily, Chicago Tribune, Raw Story, The Week, Justice News, The Texas Tribune, Slate, SFist, Recode, Page Six, TechCrunch, TMZ.com and Fox News.

Ethics Observations: Continue reading →

Morning Ethics Warm-Up, 4/19/18: “Boy, Am I Sick Of This Stuff” Edition

/ Jack Marshall / 42 Comments

Morning….

1. Once again, the Orwell Catch-22. Ethics Alarms has several times flagged the unconscionable use of the Orwellian ” ‘If you have nothing to hide, you have nothing to fear’ in the news media and among the resistance as they try to demonize the President of the United States for insisting on basic principles of due process and legal procedure. (Here, for example.) How did the Left come to such a state where they embraced this unethical concept, which is totalitarian to the core, and the antithesis of liberal thought? It is pure corruption, and forces fair Americans to side with the President and his defenders whether they want to or not.

To get a sense of how insidious this trend is, read Jonathan Chait’s recent effort for New York Magazine. Chait isn’t an idiot, but he’s so biased that he often sounds like one, as in his ridiculously blind 2016 essay declaring that “The 2016 Election Is a Disaster Without a Moral.”

This time, he makes the argument that President Trump must be guilty of horrible crimes because various Trump allies have denied that Michael Cohen will “flip” on his client, meaning that he would testify against him. Lawyers can’t testify against their clients, even if they have knowledge of criminal activity. They can testify to client efforts to involve them in criminal activity prospectively, because requests for advice regarding illegal acts are not privileged. Chait, however, doesn’t observe this distinction: he is simply towing the ugly ‘If you have nothing to hide, you have nothing to fear’ position that has been adopted, to their shame, by many left-leaning pundits and supposedly legitimate news organizations like the New York Times. Look at this section in Chait piece, for example: Continue reading →

Ethics Lessons Of The Dallas Prosecutor-Uber Driver Confrontation

/ Jack Marshall / 25 Comments

Dallas prosecutor Jody Warner was fired from her job in the Dallas District Attorney’s office for an ugly—and subtantially recorded—argument with an Uber driver.

“Although criminal charges have not been filed, her behavior is contrary to this office’s core principle of integrity, and it will not be tolerated,” the DA’s office said in a written statement. “As public servants, we represent the people of Dallas County and are examples of justice, professionalism, and ethical behavior both inside and outside of the courtroom.”

What happened?

Yikes.

Uber driver Shaun Platt said he picked up Warner, 32, at a Dallas bar. He knew pretty quickly that he had a drunk on his hands, as she yelled at friends out the window when she got in his car. Warner directed him to take a different route from the one his GPS suggested, and he got lost.

“I said, ‘Should I make a left up here?’ and she refused to answer me,” Platt said. “She said, ‘You can follow the fucking GPS’ and she became increasingly angry, even though I was just trying to get her home.” Warner continued berating him, and, he claims, slapped his shoulder. At that point, he pulled his car over, ended the Uber app, and ordered her out.

But the prosecutor refused, threatening that he was “never going to work again” and that she “knows people.”  “Who are they going to believe? I’m a district attorney,” Platt says she told him. (Unstated but understood: “And you’re just a dumb Uber driver!’) At that point he called 911 and started recording her comments on his cell phone.

Highlights:

  • “Oh, my God, you’re going to regret this so much.Just take me home, dude. … Either drop me off at my house, or we’ll wait for the cops because I’m not wrong.”
  • “You’re a fucking idiot.We’ll wait for the cops then if that’s what you think is appropriate.”
  • “Oh my God, you’re an idiot. You are a legitimate retard. I want to go home so badly but you’re so stupid I want the cops to come so that they can fuck you up, that’s what I want.”
  • “Dude, everything’s being reported.I’m an assistant district attorney so shut the fuck up.”
  • “I think this might be kidnapping right now, actually.”

After that statement, the non-lawyer Uber driver correctly made the salient legal point that since he had asked her to leave, and she was free to leave, “It’s not kidnapping, ma’am.”

She replied, “No, it is because there was an Uber that had a destination and you have not taken me to that destination. You’re holding me here, so please take me to that destination.”

Oh..huh? Continue reading →

Comment Of The Day: “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

/ Jack Marshall / 26 Comments

I am almost caught up on my backlog of Comments of the Day!

This one, by multiple COTDs author Humble Talent, is really two; I’m taking the liberty of combining his later explication with the original comment, as they follow as the night follows day. The topic is bias and double standards in the criminal justice system, and hold on to your hat.

Here is Humble Talent’s 2-for 1 Comment of the Day on the post, “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”:

You know, every now and again when I’m feeling adventurous, I go to a place I think will have a whole lot of people that don’t think like me and poke at their sacred cows. You meet all kinds of people, and recently, I was given probably one of the better answers to a gender/race issue from the other side yet.

The original fact pattern is that racial activists will cite disparate impact as a problem at every stage of an interaction with the legal system. Black people are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. All of this, by the way, is true. It doesn’t account for the five-fold disparity between the black and white prison population on a per capita basis, but it is a thumb on the scale.

The juxtaposition is that the disparity between men and women in the justice system is about six times that of the racial disparity I just described. Men are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. Sonja Starr wrote extensively on this, and despite some of her methodology being questioned, there’s general consensus that she was on to something.

So the question is that if someone is deeply concerned about inequality, that they are genuinely interested in justice for everyone, why wouldn’t you be just as, if not more concerned with the gender disparity, than the racial one? Continue reading →

The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

/ Jack Marshall / 49 Comments

Oxford University student Lavinia Woodward, 24,  punched and stabbed her boyfriend in a drunken rage, then hurled a jam jar, a glass and a laptop at him. This, in the U.S., would be called a criminal assault, and maybe even attempted murder.  Ah, but British Judge Ian Pringle knows better. He agrees these acts would normally mean a prison term, but Lavinia is a star student, and wants to be a surgeon. He hinted that he would spare her prison time so that her “extraordinary” talent would not be wasted. As poor Lavinia’s barrister, James Sturman, argued, his client’s dreams of becoming a surgeon would be “almost impossible” if she had to serve time.

Well, we certainly mustn’t jeopardize a violent felon’s dreams.

This kind of reasoning is infused with The King’s Pass, also known as The Star Syndrome, the rationalization making the perverse unethical argument that the more talented, prominent, useful and important to society a miscreant is, the less he or she should be accountable for misconduct that nets lesser lights serious and devastating consequences:

11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?”

One will often hear unethical behavior excused because the person involved is so important, so accomplished, and has done such great things for so many people that we should look the other way, just this once. This is a terribly dangerous mindset, because celebrities and powerful public figures come to depend on it. Their achievements, in their own minds and those of their supporters and fans, have earned them a more lenient ethical standard. This pass for bad behavior is as insidious as it is pervasive, and should be recognized and rejected whenever it raises its slimy head.  In fact, the more respectable and accomplished an individual is, the more damage he or she can do through unethical conduct, because such individuals engender great trust. Thus the corrupting influence on the individual of The King’s Pass leads to the corruption of others.

Judge Pringle is taking the King’s Pass/Star Syndrome to a new low: he’s arguing that Lavinia should receive special treatment based on how valuable to society she might be, given enough immunity from the consequences of her own conduct.  Continue reading →

Top Ten Reasons Why Giving Chelsea Clinton A “Lifetime Impact Award” Is Unethical [UPDATED]

/ Jack Marshall / 73 Comments

Next month, Variety magazine will host its annual “Women in Power” luncheon, and will give “Lifetime Impact  Awards” to several women in the fields of entertainment and public service.Among the honorees will be Chelsea Clinton. Here are the Top Ten Reasons the ridiculous award starts ethics alarms sounding:

1.  The award is incompetent and misleading. Chelsea has done nothing on her own to justify any award. She has been hired for a series of jobs based solely on the prominence of her famous parents, and is on the board of her family foundation, which has funded various humanitarian programs. These are passive achievements that any child of the Clintons would accumulate.

2. The award to Clinton immediately renders worthless Variety’s past and future “Lifetime Impact Awards”  to deserving and worthy recipients. It destroys any claim the award has to integrity and sincerity.

3.  The award is a lie. Chelsea Clinton is in her thirties, and hasn’t accumulated a lifetime, much less a lifetime of laudable achievements. It is grossly premature, contradicting its own title.

4. The award is cruel. It compels focus on the pathetic, privileged, exploited and exploitative existence of Chelsea Clinton thus far by proclaiming it to be something it obviously is not. Continue reading →

My NPR Conversation About Ethical Responses To The Trump Election

/ Jack Marshall / 30 Comments

trump_protest

Monday afternoon I was on an NPR panel for Tom Hall, of the Baltimore NRP affiliate, along with two other guests. It was an hour long show, with call-ins. You can hear it here.

Obviously the topic is germane to the John Oliver post. I have to apologize for posting that while flying around and being buffeted by speaking obligations. I never dreamed, silly me, that the simple assertion that Americans, as well as non-American comics, should follow a tradition of two century’ duration and give a new president-elect the respect due the office, and the chance to live up to the crushing responsibilities of the office before heaping abuse on him. After all, we would want the same. It is a tradition that ennobles the country and democracy, and should be regarded as an absolute ethical requirement, the least a new President deserves. It is also beneficial to all, healing the wounds of the campaign, and binding the country together. In short, every ethical system supports this basically decent conduct. I did not expect decency, fairness, respect and patriotism to be controversial. Trump shares responsibility for the reaction the post is getting, but it is still depressing.

A couple of brief notes on the session: Continue reading →

Why Dan Pabon’s DUI Stop Matters To Everyone, And Why He Must Resign

/ Jack Marshall / 12 Comments

Pabon Apology

Colorado Rep. Dan Pabon (D. North Denver) was considered a rising political star. Among his well-publicized public policy triumphs was to  help pass a law forcing convicted drunk drivers to appear before a DUI victim-impact panel.

Then Pabon himself was pulled over in his vehicle on St. Patrick’s Day evening for driving under the influence of alcohol. Instead of Pabon accepting his fate as an honest lawyer and elected official should, the video of the stop shows the legislator trying to persuade the officer who stopped him not to make the  arrest. He tells the officer that he is a state representative who is driving a car without his legislative plates. He asks the officer to call a supervisor or the city attorney so they can direct the officer to give him mulligan. When Officer Brian Bienemann explains that he cannot let Pabon off and indeed would be subject to discipline if he did,  Pabon pleads,  “Is there any way we can avoid this possibility? This is going to change my life.”

After Pabon pleaded guilty and gave an emotional apology (above) to the public and the legislature, saying  “I have taken full responsibility. I have done everything above board,” the editors of The Denver Post begged to disagree. They called for his resignation in an edotorial. They were correct, but they weren’t clear enough about why.

The Post was upset that Pabon didn’t specifically apologize for trying to use abuse his position and power to avoid legal accountability for a serious violation of the law, even after the video of the stop was leaked to the news media. Of course he didn’t. Like most current elected officials, he didn’t see anything wrong with that. Don’t they deserve special consideration and privileges?

There can be no sufficient apology for what Pabon did. Elected officials and other government personnel must not view themselves as deserving special immunity from the laws and regulations they impose on society. Pabon’s attitude and attempt to play the “Do you know who I am?” card is poison to democracy, and exactly the kind of “fix” Donald Trump’s speech last night correctly condemned.

The public sees a Secretary of State expose sensitive information to discovery by the enemies of the United States, and not only is she not punished, she is selected to run for President. The public sees HUD Secretary Julian Castro blatantly violate the Hatch Act, combining an official appearance with campaigning for Clinton, and  then learns that the President will not discipline Castro in any way. Casrto is also considered a “rising political star.” A nation in which individuals who break the law are still considered “rising stars” and prospects for national leadership has its values in a tangle. Continue reading →