No, This Isn’t A Frivolous Lawsuit, Just A Really Dumb One That Makes People Hate Lawyers Even More Than They Already Do

In fact, it makes me hate lawyers, and just about everyone I know is a lawyer, including me. I am drowning in self-loathing.

Now pay attention. A class-action lawsuit filed in Fort Lauderdale federal court this month is based on the claims of Cynthia Kissne, and Leonard Werner that they shouldn’t have to pay for the cheese on their McDonald Quarter Pounders if the cheese is removed at their request. The lawsuit, filed by Andrew Lavin of the Miami-based Lavin Law Group, asks for 5 million dollars in damages for this injustice. The logic of the suit is that McDonald’s used to distinguish between the Quarter Pounder and the Quarter Pounder with Cheese, and charged a bit more for the latter. Now, however, the only version sold in the stores is the cheese version, but it is just called a Quarter Pounder. If you don’t want cheese, you say, “no cheese,” but you still pay the same price. The Horror. This is not an unusual practice in the industry, for obvious reasons. Burger King advertised that you could customize your Whopper, but removing stuff didn’t mean you paid less. Oddly, nobody sued. Continue reading

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Filed under Bioethics, Law & Law Enforcement, Marketing and Advertising, Professions

More False Alarm Over The “The Glass Ceiling”

Every time the New York Times Business Section writers raise alarms over gender discrimination in the workplace, they set the credibility of the issue back a few years.

I have no doubt that women are discriminated against and suffer gender bias at all levels of the workplace. I also know that that such discrimination is obviously hyped, exaggerated, and misrepresented by activists and the news media. How many legitimate public issued are there like that? [Let’s start a list!] Regardless of the answer, when an article about a legitimate problem makes an intelligent reader roll his or her eyes, that issue’s credibility suffers.

This article was titled, The Number of Women at the Top Is Falling: the already small pool of female CEOs decreased by 25% in the past year.

“Oh-oh,” I thought when I read the headline. Since Hillary lost and a non-pro-woman administration along with Republicans is in power, companies feel at liberty to dump their female CEOs who they thought would garner them favor with policy-makers! What was your first thought? 25% is a lot, and doesn’t sound benign. Imagine if, say, 25% of black executives were gone after a single year. Wouldn’t Congress be investigating?

“For many years, it seemed as if the share of women at the top of corporate America would slowly increase over time,” the article says in its third paragraph. “But the number of women leading companies in the Fortune 500 had grown to 6.4 percent last year, a record high, from 2.6 percent a decade earlier.”

“But this year, the number of female chief executives declined 25 percent, according to Fortune’s 2018 list, which was published Monday. There are now 24 women, down from 32. Twelve left their jobs — most recently, Denise Morrison of Campbell Soup Company, who abruptly announced her retirement Friday — and four joined the list”

What happened to the women? “Four said they were retiring; four left after their companies were acquired; two took new jobs, and two were replaced after calls for change from investors.” In other words, of the twelve, only two clearly left when they didn’t want to. There is nothing ominous about that. In fact, the 25% decline appears to be nothing but a statistical anomaly in a small sample size, as in “not worth a huge article in the Times Business Section to make women and feminists upset,”  or in my terms, manipulated, agenda-driven, misleading news that isn’t news at all.

Also called..well, you know.

More from the article: Continue reading

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Filed under Business & Commercial, Gender and Sex, Government & Politics, U.S. Society, Workplace

Good! A Spontaneous Memorial Day Weekend Outburst Of Patriotism…

…and it’s from California!

Before Clovis High played Buchanan for the Central Section Softball Championship being held at Fresno State’s Margie Wright Diamond, the announcer said,  ‘There will be no anthem, let’s just play softball!”

Many booed the announcement, then the crowd started singing the anthem anyway, a capella, as most in attendance removed their hats, put their hand over their hearts, and stood. The players stopped their pregame warmups to turn around and face the American flag that waved beyond the center-field wall; nobody knealt, apparently. When the anthem ended, the crowd burst into a round of applause.

THEN the two teams played softball.

More such spontaneous demonstrations of unity, community and patriotism would go a long way toward mitigating the divisions in this nation that so many are working so hard to exacerbate.

There is hope.

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Filed under Character, Citizenship, Ethics Heroes, Sports, U.S. Society

Comment Of The Day: “THAT’S The Concept I Was Looking For—’Cultural Vandalism’!”

Another perspective on the question  of how the personal and professional misconduct of artists should affect our regard for their art comes from Curmie, a drama teacher, director and blogger who has as deep credentials for this topic as anyone.

Here is his Comment of the Day on the post, THAT’S The Concept I Was Looking For—“Cultural Vandalism”!…

Back in graduate school, I worked as a teaching assistant to a brilliant professor, Ron Willis, in his Introduction to Theatre class. Seitz’s commentary intersects with two of the concepts Ron highlighted in his course. The first of those is what Ron called para-aesthetics: those elements which affect an audience’s reception of an aesthetic event without being the aesthetic event.

These can be entirely coincidental (it’s pouring rain) or created specifically by the production company (the poster). The company many have had some, but not complete, control over the influence (there’s insufficient parking, in part because of another event in the area). The para-aesthetic influence could apply to the entire audience (the leading actor is a big star, the auditorium is freezing) or to an individual (the leading actor is your best friend, the person next to you thinks that showers are for other people, you’ve had a couple glasses of wine before the show).

The fact that a Bill Cosby’s off-camera life has been considerably short of exemplary matters in a para-aesthetic way. But each individual spectator will respond differently to each impulse. That leading actor—my best friend—is someone else’s ex. Facebook tells me that a year and a day ago I saw a play in London with a young movie star in the title role. His presence mattered to me not a bit, but there were dozens if not hundreds of his fans in the house: people who were there specifically to see him. That play was an adaptation of a script I adore and indeed directed a few years ago. The fact that the play as presented bore little if any resemblance to the original bothered me a lot; those who didn’t know the 19th-century version were far more able to accept the 21st-century revision on its own terms. Continue reading

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Filed under U.S. Society

Sunday Morning Ethics Warm-Up, 5/27/18: On Bullies, Dogs, Signs, Cheats, And The Worst WWII Movie Ever

Good morning.

1. BOY, is that a lazy and inaccurate movie! As usual, they are playing every war movie they can dig up on Memorial Day weekend. I just watched the tail end of  “The Battle of the Bulge,” the 1965 Cinerama Hollywood portrayal of the decisive 1944 WWII battle in the Ardennes that reminds me of my dad, buried in Arlington National Cemetery, more than any other war film, and not because it was in that battle that my father earned his Silver Star. No, the film reminds me of Dad because he hated it so much. He regarded it as an insult to the veterans who fought the battle, and  a cretinous distortion of history in every way. His name for the movie was “How Henry Fonda Won the Second World War.”

The most striking of the endless misrepresentations in the movie is the absence of snow. The battle’s major feature was that it was fought in freezing, winter conditions, on snow covered terrain sometimes up to two feet deep. Some battle scenes are shown being fought on flat and bare plain, about as distinct from the mountainous, thickly forested territory where the actual battle took place as one could imagine. My father also started complaining during the film, loudly, about the use of modern American tanks to portray the German Tiger tanks.

Former President (and, of course, former Allied Commander) Eisenhower came out of retirement to hold a press conference to denouncing “The Battle of the Bulge” for  its gross  inaccuracies. THAT made my father happy.

2. Funny! But…no, it’s just funny. Scott Campbell, the owner of the Pell City Fitness gym in Pell City, Alabama,  put up a sign that says “tired of being fat and ugly? Just be ugly!” City officials told him to take down the sign or be fined, saying it is too big and needs a permit, but other business owners told the local news media that they have never heard of the ordinance the city is citing being enforced. The suspicion is that Campbell is being singled out because some have complained that the sign is “insensitive.” No, it’s just funny…

This is the ethical problem with excessively restrictive laws, rules and regulations that are not consistently enforced. Prosecution can be used for ideological and partisan discrimination. Not only is the sign benign, it is not even original: that same language is on fitness company ads all over the country. So far, it looks like the community is supporting Pell and that the city will back down, but this is Alabama. Call me pessimistic, but I doubt the sign would be allowed to stand for long in Washington State or California if an ordinance could be found to justify pulling it down.

The First Amendment dies in increments. Continue reading

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Filed under Arts & Entertainment, Business & Commercial, Character, Etiquette and manners, Gender and Sex, Government & Politics, Law & Law Enforcement, Leadership, Marketing and Advertising, Popular Culture, War and the Military, Workplace

Saturday Afternoon Ethics Stimulus, 5/26/2018: The Sad Part Is That None Of This Is A Surprise

Happy Memorial Day Weekend!

1.  From the “Bias makes you UNBELIEVABLY stupid, especially, apparently, if you’re a journalist” files: Ann Althouse posted this screen shot of memeorandum, an excellent  news aggregator page:

I wrote earlier about how many of the anti-Trump mob, in the news media and out of it, appeared to be actively rooting for the President’s diplomatic efforts with North Korea to fail, and how his Negotiation 101 move of symbolically walking away from the planned summit would probably be misunderstood and misinterpreted because of the current toxic combination of bias and ignorance, but this is ridiculous. Writes Althouse—who despite multiple polite requests refuses to put Ethics Alarms in her links despite its covering a lot of parallel territory, despite the many frivolous or largely inactive blogs she does link to, and despite the multiple plugs and links I give her, but hey, I’m not bitterContinue reading

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Filed under Business & Commercial, Education, Ethics Alarms Award Nominee, Ethics Train Wrecks, Government & Politics, Journalism & Media, Rights, The Internet

Unethical (And Stupid) Quote Of The Month: Harvey Weinstein Defense Attorney Benjamin Brafman

“Mr. Weinstein did not invent the casting couch in Hollywood”

—–Benjamin Brafman, Harvey Weinstein’s defense counsel, as Weinstein surrendered to authorities yesterday in Manhattan.

The whole quote, as Brafman addressed reporters:  “My job is not to defend behavior. My job is to defend something that is criminal behavior. Mr. Weinstein did not invent the casting couch in Hollywood. To the extent that there’s bad behavior in that industry, that is not what this is about. Bad behavior is not on trial in this case.”

Good luck with this boob, Harvey. To begin with, his job isn’t to defend any kind of behavior; his job is to defend his client.  The way the English language works is that “defending” criminal behavior means arguing that criminal behavior is just fine, thank you. Defending against charges of criminal behavior, in contrast, means that a lawyer is making a case that there was none. If a lawyer can’t speak with more care and precision than this, when addressing reporters he shouldn’t say anything at all.. He essentially just admitted that his client committed criminal behavior and bad behavior, while also leaving doubt as to whether he understood that criminal behavior was also bad.

That’s just the stupid and incompetent part of the statement. The stupid and unethical part, the Unethical Quote of the Month, is an invitation to play, “Name that rationalization!” What difference does it make whether or not Harvey invented the practice of using power over young women’s careers and aspiration to extort them into being their sex toys? Have you ever heard of a defense attorney arguing to jury, “Come on! My client didn’t invent serial killing! What’s everyone so upset about?”  This is a blatant “Everybody does it” excuse, and an especially offensive one. Weinstein’s lawyer just made his first impression on te public—you never get a second chance to make one, you know—and he presented himself as a man who shrugs off coerced sexual submissiveness in the workplace as just one of those quirky Tinseltown traditions. Continue reading

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Filed under Arts & Entertainment, Ethics Dunces, Ethics Quotes, Ethics Train Wrecks, Law & Law Enforcement, Professions