trust

And Speaking Of Not Being Able To Trust Public Schools …KABOOM!!!!

/ Jack Marshall / 12 Comments

In Fairfield, Maine, Eric Sack father discovered a plastic baggie containing doses of prescription anti-depressants in the possession of his daughter. His daughter told him that the pills had been provided to her by the Bulldog Health Center, a School Based Health Center (SBHC) at Lawrence High School, where she is a student.

Yeah, right. I thought she was lying too, but the daughter wasn’t wasn’t. The federally funded health clinic that operates within the school gave the pills to her without his knowledge or consent.

How could this happen?

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Unethical Headline Of The Year (So Far): Conservative Website “Hot Air”

/ Jack Marshall / 13 Comments

Ugh.

How disgraceful. Here is the headline: “Clarence Thomas must resign because he went on vacation or something.” Despicable.

Justice Thomas, the most extreme conservative jurist on the U.S. Supreme Court, already, in the assessment of Ethics Alarms, has been shown to have engaged in unethical judicial conduct by raising a flaming appearance of impropriety with his acceptance of lavish junkets from an activist conservative billionaire and his failure to report them. The verdict here in April was that Thomas is obligated to resign, and that is still the verdict. His inexcusable conduct not only undermines his own credibility but the credibility and legitimacy of the entire Supreme Court.

But now, there is evidence that Thomas’s conduct was even worse than what was reported last Spring. From Pro Publica:

A cadre of industry titans and ultrawealthy executives have treated him to far-flung vacations aboard their yachts, ushered him into the premium suites at sporting events and sent their private jets to fetch him — including, on more than one occasion, an entire 737. It’s a stream of luxury that is both more extensive and from a wider circle than has been previously understood. Like clockwork, Thomas’ leisure activities have been underwritten by benefactors who share the ideology that drives his jurisprudence. Their gifts include: At least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events, typically perched in the skybox; two stays at luxury resorts in Florida and Jamaica; and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast. While some of the hospitality, such as stays in personal homes, may not have required disclosure, Thomas appears to have violated the law by failing to disclose flights, yacht cruises and expensive sports tickets, according to ethics experts. Perhaps even more significant, the pattern exposes consistent violations of judicial norms, experts, including seven current and former federal judges appointed by both parties, told ProPublica. “In my career I don’t remember ever seeing this degree of largesse given to anybody,” said Jeremy Fogel, a former federal judge who served for years on the judicial committee that reviews judges’ financial disclosures. “I think it’s unprecedented.”

Jeez, I hope it’s unprecedented! The degree of arrogance and dunder-headedness that led Thomas to do this is astounding. He’s known he’s had a target on his back since he was nominated for SCOTUS; he knows, or should know, that he is going to be scrutinized for missteps like no other Justice in the Court’s history. For Thomas to accept such trips and luxuries from parties who stand to benefit from the results of the Court’s deliberations is as irresponsible for a controversial Supreme Court Justice as it would have been for Jackie Robinson to secretly run a numbers game while he was playing for the Dodgers.

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Ethics Dunce: Power Line

/ Jack Marshall / 6 Comments

The tweet above is a joke, and announces itself as one. What makes the joke especially funny is that it is conceivable that New York’s ridiculous, socialist, Dunning-Kruger victim Congresswoman would really say something like this. That is also why it is extremely important ethically for the satire account’s tweets to make it clear that its output is parody.

The site does that. The account has the handle @AOCpressTwo and the username Alexandria Ocasio-Cortez Press Release (parody). Its bio reads, “I’m the boss – you mad bro? (parody)” (www.twitter.com/AOCpressTwo).

However, in conservative website Power Line’s weekly collection of memes, cartoons and jokes covering the previous seven days’ events from a rightish perspective, it includes this version of the tweet:

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“Nah, Colleges Don’t Indoctrinate Students! It’s A Conspiracy Theory!” Brown Replies, “Hold My Beer!”

/ Jack Marshall / 14 Comments

The Washington Examiner reports that 40% of Brown students now identify as LGTBQ+. The Brown Daily Herald’s 2023 Spring survey revealed that 38% of students, more than five times the national rate, no longer consider themselves “cis.” The gay and lesbian population has increased by 26% and the percentage of students identifying as bisexual has increased by…wait for it!… 232%. Just eleven years ago, in 2010, only 4% of Brown University students said they were not conventionally heterosexual. Now it’s 38%.

Commenting on this phenomenon at the Victory Girls blog, Lisa Carr writes in part,

The new “cool kids” now are changing their names every other day, along with changing their identities to anything contrary to their biological sex. Joe becomes Joelene who is dating Mary who wants to be known as “Mike”. Mary is nominated for Homecoming King while Joe is the Homecoming Queen; both in their gender-fluid and ambiguous outfits. And yes, they are probably still wearing those filthy, ugly masks because society told them to stay scared. (But alas, don’t be scared to cut off your genitalia.) This is the new cult. This is the trend we are seeing in colleges but I would argue that this seed is being planted as early as elementary school….This is no longer about loving and accepting all. This is about subtle conversion by suggestion.

Apparently a Brown professor, Dr. Lisa Littman, argued that campus culture and peer groups were pressuring students into such epiphanies regarding their true sexual identities, and got herself fired for it. Continue reading →

Back To The Justice Thomas Scandal: Do Conservatives Really Not Understand The Appearance of Impropriety Judicial Ethics Prohibition, Or Are They Just Choosing To Ignore It?

/ Jack Marshall / 8 Comments

Ugh.

From the Daily Caller:

Conservative legal scholars are calling attacks on Clarence Thomas for his alleged ethics violations hypocritical in light of Ketanji Brown Jackson’s financial disclosure as a nominee, which shows she omitted portions of her income on previous filings, including money from her husband’s consulting work.

These “conservative scholars” are partisan hacks.

Their argument is that because Jackson’s SCOTUS nominee disclosure papers filed in March 2022 “inadvertently omitted” income her spouse “periodically receives from consulting on medical malpractice cases” (which was disclosed on prior reports), there is a double standard applied to conservative justices. Utter garbage, and I suspect intentionally misleading. There would be no demands for Thomas’s resignation if all that was at issue was the failure to report some ambiguous gifts on his annual disclosure forms. SCOTUS justices have done this many times in the past: it is grounds for criticism and a necessary “Sorry, I won’t do that again” statement. The reason Thomas’s 20 years of unreported vacations with ultra-conservative billionaire real estate developer Harlan Crow is that it looks bad, to the public, to objective judicial ethicists, and to me.

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The Complete List Of Rationalizations To Excuse Justice Thomas’ Gross Betrayal Of Judicial Ethics, And Other Updates (Part I) [Revised and Expanded]

/ Jack Marshall / 28 Comments

Just in case you’re wondering, I stand by everything in my previous post about Justice Thomas’s unprecedented breach of judicial ethics and his obligations as a Supreme Court justice, except my belief that Thomas would resign, or be forced to. Not for the first time, I badly over-estimated the integrity of a public servant. Other points…

1. Above is Thomas’s statement this morning regarding the ProPublica report that he has been accepting lavish trips from conservative donor and billionaire Harlan Crow for decades. It is garbage, top to bottom:

  • The fact that the Thomases and the Crows are good friends or old friends is irrelevant, and is no defense.  Of course SCOTUS justices can have friends, and can socialize. However, many of the vacations the Crows took Clarence an Ginni on included other politically interested conservatives, who has access to Justice Thomas and an opportunity to pursue their interests with him as a captive audience. Moreover, one reason such situations suggest impropriety is the Cognitive Dissonance scale: gifts tend to raise the giver and what the giver is linked to on the scale of the receiver. This is why legislators and government employees are limited by laws in what kinds of gifts they receive. The legal ethics rules also caution against accepting expensive gifts from clients, because it might interfere with independent judgment, even though lawyers are supposed to already be on their clients’ sides.
  • “Family trips” is deceit. More than just the Crow family went on these trips. Thomas is obfuscating.
  • What “colleagues”? When was “early in his tenure”? Thomas joined the Court in 1991, well before the vacations with the Crows began. Are we supposed to believe he asked about gifts and junkets like these before they were offered? By colleagues, does he mean other justices? “I once asked somebody and they said it was okay” is a particularly unconvincing justification. 
  • Our first unethical rationalization, and it’s a lulu:#4 Marion Barry’s Misdirection, or “If it isn’t illegal, it’s ethical.” Thomas is saying that because no official standards prohibited what he did until recently, what he did was okay. Wrong! Rules, laws and standards don’t make unethical conduct wrong, ethical principles do. Thomas knew that the vacations violated well-accepted and near-universal principles of judicial ethics. He was and is a judge, and judges must avoid the appearance of impropriety and influence. For a Supreme Court justice to invoke the same corrupt logic as D.C.’s rogue mayor is disgusting and depressing.
  • It is false to say that the trips were not “reportable.” Of course they were reportable: Thomas deliberately chose not to report them.

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Ethics Dunce (yawn!): Donald Trump

/ Jack Marshall / 10 Comments

I know, I know…designating Donald Trump an Ethics Dunce again is in the “dog bites man”category. Nonetheless, I couldn’t let this pass.

Presumably as part of his advance PR as he seeks the Republican presidential nomination, thus ensuring the ugliest campaign since 1860 and maybe ever, the Once and Future POTUS is about to unveil “Letters to Trump,” a book revealing 150 private letters sent to him by celebrities and VIPs, among them Richard Nixon, Ronald Reagan,  Princess Diana, Ted Kennedy,  Mario Cuomo, Arnold Palmer, Regis Philbin and more; those are the dead ones. Tradition and law holds that that they have no privacy rights now, so I can’t find fault with the inclusion of their letters in the book, which will also include Trump’s comments about the letters and their authors.

However, the book will also include letters from the living, like Bill and Hillary Clinton,  Jay Leno, Liza Minnelli and Oprah Winfrey. I think its fair to assume, since Hillary is on the list, that Trump did not ask for or receive permission to publish their letters. He doesn’t have to, of course: once they are mailed, they are his to do what he wants with them. Nonetheless, common respect and courtesy demands that sharing such communications presumed to be private at the time they were sent—you know, just like President Trump expected that communications he had with advisors, Cabinet members and others during his presidency would be treated as confidential. What about the Golden R..oh, never mind. Continue reading →

Cartoon Ethics, Part II: There…

/ Jack Marshall / 38 Comments

AleXsandro Palombo, an edgy Italian artist who often uses pop culture images to make serious points, was hired to paint appropriate murals around Milan’s Holocaust memorial, which is located at Platform 21 inside the city’s main train station from which approximately  1,200 Jews were sent to Nazi death camps in 1943. Shortly before International Holocaust Remembrance Day, the Shoah Memorial Foundation discovered what the artist felt was appropriate art: characters from “The Simpsons” dressed as Jews at various stages of the Final Solution.

Doh! Continue reading →

Bill James Shows How To Maintain Trustworthiness

/ Jack Marshall / Leave a comment

The Bill James Baseball Handbook is full of useful facts, stats and analysis for baseball aficionados as usual this year. Bill hasn’t written as much this year as he has in the past, but his contributions are provocative, informative and sharp. James has been a major influence on my approach to ethics, even though he has devoted his considerable analytical skills to baseball, only occasionally crossing over to other realms (like true crime) with mixed results. Readers here encounter James’ concepts most frequently when I reference signature significance, but in a broad sense, reading his work over the years also heightened my appreciation of the dangers of confirmation bias and the importance of challenging conventional wisdom.

James has an unusual article in this year’s Handbook: an apology. In “OPS and Runs Scored,” he begins by saying he has “40-year-old egg on his face,” It was that long ago that the baseball stat world, in part because of James’ work, began lobbying for OPS to be the standard by which a batter’s effectiveness was measured. OPS is a stat that combines on-base percentage—how often a player reaches base via walk or hit (any being hit by a pitch), a statistic that logically is more revealing than a batting average—-and slugging percentage, which indicates power by dividing bases (a home run is four bases, a single just one) into at bats.

Bill explains that the OPS stat was sold as having an arithmetic relationship to runs scored, a straight-line relationship that meant that if a team increased it OPS by 10% it would score 10% more runs. The apology is based on the fact that James, he says, accepted this conclusion and advanced it himself like everyone else in the sabermetrics community—and the conclusion was wrong. He writes that he is very, very, very ashamed to admit that he never checked himself, but relied on what he was told. The claim was “completely wrong,” he writes. When he finally did check the relationship between OPS and runs score, he found that it was a geometric relationship, not arithmetic. If a team increases its OPS by 10% it won’t score 10% more runs. It will score 21% more runs. That’s a big difference. You have to square the OPS to get the right result in predicted runs scored.

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Ethics Observations On The 2022 Gallup “Americans’ Ratings of Honesty and Ethics of Professions”

/ Jack Marshall / 8 Comments

Here it is…

Those polled were asked, “Please tell me how you would rate the honesty and ethical standards of people in these different fields — very high, high, average, low or very low?” Continue reading →