Friday Ethics Footnotes, 7/31/2020: 1619, Dumber Lawyers, And Trader Joe’s Stands Up For “Trader Ming’s”

1. Psst! This doesn’t send a message that is complimentary to minorities...The California Supreme Court, which oversees the state bar, agreed to lower the passing score for the exam. The objective is to raise the number of black and Hispanic lawyers. 40 % of California’s population is white, and 60% are not. But 68% of California lawyers are white, according to a new report by the State Bar of California.

Well, so what? Maybe more whites want to be lawyers; whatever the reason, lowering the standards for getting a license seems like a poor way to improve the situation, since it promises to add more dim attorneys. Why do all professions have to have identical demographics to the population at large?

“There is absolutely no evidence that shows having a higher score makes for better lawyers,” said UCLA School of Law Dean Jennifer L. Mnookin. “There is significant evidence that it reduces the diversity of the bar.” Yeah, I’m pretty sure letting people get law licenses by playing beanbag would also lead to a more diverse bar. There is no way to determine whether having higher scores on the bar exam correlates with being a “better lawyer,” but I guarantee not being able to pass the bar exam correlates with being significantly slower on the uptake that a lawyer who can.  Mnookin is saying that intelligence and critical thinking skills don’t factor in the practice of law. What an interesting thing for a law dean to say. Do you think she really believes that?

No one has been able to show that the bar exams anywhere have a racial bias, but since other explanations for comparatively low passing rates among African-Americans are not politically palatable, the George Floyd Freakout has led to this. California will now have dumber lawyers of all colors. Progress! Continue reading

Morning Ethics Warm-Up, 5/6/2020: Question, Questions…

Good morning?

1. Is this is a Catch 22 or what? In order to start using Adobe Acrobat in the Creative Cloud “suite,” you must agree to Adobe’ s new Terms of Use. However, a user can’t  read the Terms of Use until after he or she agrees to the Terms of Use.  Among the provisions in those terms is this…

14.1 Process. If you have any concern or dispute, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of receipt by us, any resulting legal actions must be resolved through final and binding arbitration, including any question of whether arbitration is required, except that you may assert claims in small claims court if your claims qualify. Claims related to the Terms, Services, or Software are permanently barred if not brought within one year of the event resulting in the claim.

That’s right: you have to agree not to sue  them.

Rob  Beschizza posted a video online showing him futilely  clicking the “Terms of Use” link only to be prevented from reading them because he hadn’t agreed to the Terms of Use.  As he points out, almost nobody—yes, not even lawyers—reads these fine print, intentionally verbose and obscure conditions before they agree to  terms of use, but that’s the users’  fault. Being forced to agree to terms before it is possible to read them is another kettle of fish. That’s con-man stuff. That makes it an invalid contract.

Of course, a company that tries this stunt assumes that when it produces a lawyer-signed statement reminding  dissatisfied customers of the terms they signed, that will be sufficient to discourage any further action.

2. In a mass shooting any excuse for this? Watch this video of an arrest by Canadian police in Lethbridge, Alberta:

https://www.youtube.com/watch?v=VswVzt-05Z8

A  young woman  dressed as an Empire Storm Trooper and carrying a plastic “blaster” on May the Fourth (…”be with you!”) to promote her employer’s cafe was surrounded by four officers, guns drawn, then tackled—bloodying her nose—cuffed and arrested. Lethbridge Police Inspector Jason Walper said  his department received  two 911 calls regarding  someone brandishing a weapon.

Apparently there really are people, at least in Canada, who have never seen “Star Wars.” But what are the odds that none of the four police were aware that this was a costume? Surely the rational approach to the silly situation would be to ask the woman to  take off her helmet and explain what she was doing before they attacked her. If the girl had been black, and this had occurred in the U.S., the NAACP would be demanding an investigation.

Canadians are trying to mitigate the stupidity here by noting that everyone is traumatized by the nation’s  mass shooting last month that left 22 dead. And, I suppose, a Storm Trooper outfit could have been a diabolical hit man’s clever disguise. I suppose.

Only 22? Heck, in the U.S., that’s chicken feed! Continue reading

Morning Ethics Warm-Up, 3/26/2020: Feeling Like Inigo Montoya

Good morning and I’m ticked off…

I know I ran that same clip recently. Never mind; when it’s appropriate, it’s appropriate. (The segment of “The Princess Bride” above is one of the top 6 ethics movie clips used on Ethics Alarms, the others being Otter’s declaration that it’s time to do something really stupid and futile (“Animal House”); “You know: morons!” (“Blazing Saddles”); the Devil speech (“A Man For All Seasons”); the Duke busting a bully in the face after saying that he wouldn’t (“McClintock”); and the Caine mutineers’ lawyer explaining that it is the duty of a crew to support their captain whether they like him or not (“The Caine Mutiny.”)

1. Do people know what “We’re in this together” means? I don’t think it means what they think it does. I just was sent an email copied in to 25 other people who I do not know, touting a 2015 Bill Gates TED Talk  about the dangers of viral contagions (as if his point hadn’t been made more vividly and earlier by Tom Clancy , Michael Crichton, and Stephen King. ) The letter also alluded to the “denier in chief” and once again flogged the Big Lie that the President  claimed that the virus was a hoax. The Pavlovian Deranged on the list immediately responded with short messages all echoing the theme of what an idiot Trump is.

I’ve had enough of this. I replied to all: Continue reading