A Chaos Theory Law, An Anomalous Case, And Charles Grodin’s Lament

I swear, I'm not trying to belittle Charles Grodin by posting this photo of him back when he earned his living with his primary talent, which was comedy. I just want you to recall who the guy is, since he and the Nation obviously would like you to forget.

I swear, I’m not trying to belittle Charles Grodin by posting this photo of him back when he earned his living with his primary talent, which was comedy. I just want you to recall who the guy is, since he and the Nation obviously would like you to think he’s somebody else.

Charles Grodin doesn’t like the felony murder rule.

The felony murder rule, which essentially holds that anyone who is proven to have been involved with a felony during which someone was killed is guilty of First Degree Murder, is one of the harsher devices in American jurisprudence. I must confess, I sort of like it, and always have. Like all laws, however, it doesn’t work perfectly all the time.

The reason I like the rule is that it acknowledges the real danger of initiating felonies, crimes that are serious and destructive. If you burn a business down to collect the insurance, for example, you should be held responsible by the law if the fire gets out of control and someone is killed. The law combines criminal and civil offenses; the felony murder rule is like a negligent crime principle. It is a law that implicitly understands Chaos Theory at a basic level: actions often have unpredictable consequences, and even if the consequences are worse than you expected or could have expected, you still are accountable for putting dangerous and perhaps deadly forces in motion. If you commit a felony, you better make damn sure you know what you are doing, because if people get killed,  you will be held to a doubly harsh standard. Better yet, don’t commit the crime. Continue reading

On The Significance Of The AFA “Signups,” The First Of Many Other Shoes Drops

I am rushing out the door to remind D.C. lawyers about ethics, but I can’t let this pass:

  • Yesterday, James Taranto addressed some of the same issues that we covered on Ethics Alarms regarding the dishonest use of the ambiguous 7.1 million deadline sign-ups as a definitive measure of Obamacare’s success. Two of the culprits he quoted were E.J. Dionne and Paul Krugman, leading me to wonder why such performances don’t make it obvious even to knee-jerk Democrats that they are unreliable, biased, and dishonest to the core. Here’s Taranto on Dionne, for example:

It won’t surprise you to learn that Dionne did not demand accountability from Obama and the other politicians who sold ObamaCare on the fraudulent promise “if you like your plan, you can keep your plan.” Rather, he asserted that the administration’s claim of having “hit its original goal . . . of signing up more than 7 million people through its insurance exchanges” was a definitive refutation of any notion that ObamaCare is “doomed.” What about insurance cancellations, narrow networks, high deductibles, blown deadlines, work disincentives, adverse selection and the law’s continuing political unpopularity? Dionne dispenses with all these problems in one sentence: “To be sure, the law could still face other problems, blah, blah, blah.”

Why wouldn’t this kind of blind, manipulative, Jumbo-worthy partisanship annoy everyone?

  • Yesterday the Gallup people released this, an extensive survey that gives some perspective on what the 7.1 million really stands for. No surprises there, either, for anyone not in a Dionne-like mental state. From Fox:

“A major new Gallup survey suggests the ObamaCare sign-up numbers are not as soaring as the White House claims. The massive survey, released on Monday, shows the number of uninsured indeed has fallen to its lowest level in years, likely thanks to the Affordable Care Act. The Gallup-Healthways Well-Being Index measured the share of adults without health insurance. That shrank from 17.1 percent at the end of last year to 15.6 percent for the first three months of 2014.The decline of 1.5 percentage points would translate roughly to more than 3.5 million people gaining coverage. But the numbers, released a week after the close of the health law’s first enrollment season, also suggest a far more modest impact on coverage than statistics cited by the Obama administration….”

The survey also shows that not enough young uninsured are signing up, a critical problem.

  • Whether the Gallup numbers are considered worthy of reporting by the other news media outlets should be a fascinating test of their depth of bias and lack of integrity. I’ll be watching…

No time for tags now—more later….

 

My Mickey Rooney (1920-2014) Post: “Ethics, Stereotypes, and Holly Golightly”

Some of the many faces of Mickey Rooney...

Some of the many faces of Mickey Rooney…

Ethics Alarms has almost 15,000 tags, which means that a lot of diverse topics hard been discussed here in connection with ethics issues. Saddened as I was to learn of the passing of the great Mickey Rooney, truly one of the most talented and versatile individuals in entertainment history and the last of MGM musical stars from the Golden Age of Hollywood, I can’t justify honoring his ethics; by all accounts, Mickey was not as admirable a human being as he was a performer. Still, Ethics Alarms has a Mickey Rooney post, from 2011, and when I read it over just now, I still liked it. Thus I will honor Mickey by reposting my defense  of perhaps his most criticized performance. For one of his best, watch this. Yes, Judy’s in it too. (TCM has made everyone take down their Mickey clips, but so far, this Russian pirate site still has it. I know, I know—but Mickey would approve. This ethical breach is for you, Mick…) Continue reading

Kafka Middle School, New Jersey, Where Nothing Makes Sense, And Nobody Cares

The Trial

“I know you love these,” wrote the friend and reader who sent me the latest example of student abuse by school administrators who have lost their minds. No, I really don’t. They make me sick and angry and leave me with the feeling of having just stepped off the curve and had a bus whiz by close enough for me to feel the breeze. If this happened to my son, I could see myself snapping and going for the responsible administrator’s throat. This was not an inconsiderable factor is choosing to home school.

Glen Meadow Middle School (in Vernon, N.J.) seventh grader Ethan Chaplin told reporters that he was twirling a pencil with a pen cap on in math class when a student who harassed him earlier in the day shouted, “He’s making gun motions! Send him to juvie!”  As local school Superintendent Charles Maranzano explained, policy and law requires him to investigate any time a student is made  “uncomfortable” or threatened by another student. Thus it was that Ethan was summarily stripped, forced to give blood samples (which allegedly caused him to pass out) and urine samples, so he could be tested for drugs.  Four hours later a social worker cleared him to return to class, but a doctors decreed that a five-hour physical and psychological evaluation was necessary before the boy would be allowed back in school.

Continue reading

Unethical Quote of the Month: Jeb Bush

Well , there goes the "smart Bush" theory...

Well , there goes the “smart Bush” theory…

“Yes, they broke the law, but it’s not a felony. It’s an act of love.”

—-Former Florida Governor Jeb Bush, in comments about illegal immigration delivered at an event the George H. W. Bush Presidential Library,.

The statement by Jeb Bush has its sunny side, I suppose: with any luck, it should ensure that we don’t have a Bush-Clinton contest in 2016. Maybe that was Jeb’s intent. Otherwise, his comments are irresponsible attacks on the rule of law, common sense, fairness and national sovereignty.

The whole, mush-headed, contradictory, absurd quote:

“There are means by which we can control our border better than we have. And there should be penalties for breaking the law.But the way I look at this — and I’m going to say this, and it’ll be on tape and so be it. The way I look at this is someone who comes to our country because they couldn’t come legally, they come to our country because their families — the dad who loved their children — was worried that their children didn’t have food on the table. And they wanted to make sure their family was intact, and they crossed the border because they had no other means to work to be able to provide for their family. Yes, they broke the law, but it’s not a felony. It’s an act of love. It’s an act of commitment to your family. I honestly think that that is a different kind of crime that there should be a price paid, but it shouldn’t rile people up that people are actually coming to this country to provide for their families.”

Seriously, Governor?

Continue reading

Worst Loving Parents Of The Year…I Hope

The Sailing Kaufmans. Make that the Sinking Kaufmans. The Stupid Kaufmans?

The Sailing Kaufmans. Make that the Sinking Kaufmans. The Stupid Kaufmans?

Last month, I wrote about the burglar who brought his infant offspring along with him on a job, which is to say, a burglary. It is fair to say, and thus I am saying, that San Diego parents Eric and Charlotte Kaufman, presumably known as “The Sailing Kaufmans” in honor of “The Biking Vogels,” make that burglar look like the Huxtables from “The Cosby Show.”

Oh, they are loving parents I’m sure, just like the doting professionals played by Bill Cosby and Felcia Rashad in the iconic sitcom. The problem is that they don’t have the sense bestowed by nature on the average adult lemur. Mom and Dad Kaufman brought their 1-year-old daughter Lyra and her 3-year-old sister, Cora along with them as they embarked in March on the great adventure of sailing across the Pacific as the first leg of a planned circumnavigation of the globe.

In a 36-foot sailboat.

Alone.

With a toddler.

And an infant.

Morons.

Continue reading

Obamacare Game Plan: The Lies Worked, Now On To Deceit

gameplan

As President Obama was in the midst of his unseemly, unwise and typically unleaderlike victory lap over the Obamacare sign-up figures, Tonight Show comic Jimmy Fallon had the cheek to point out that it’s amazing how many people will sign up for something when the law says they have to. (In a slightly different version of the same point, Daily Standard editor Bill Kristol said on ABC today that this is like  saying, “…you’ve got to give the Soviet Union a lot of credit. 200 million people bought bread in their grocery stores. If it’s the only place you can buy health insurance, they’re going to get people to buy health insurance there.”)

Yes, that would be an example of the near constant spin and deception that the President and Democrats have been relentlessly throwing at the American public regarding the “success” of the Affordable Care Act.

The way I would put it, as indeed I did when I was shouting at the TV screen during the President’s statement in the wake of the final totals on March 31, is that how many people sign up for the Affordable Care Act doesn’t make the law successful. Whether the law accomplishes its goals at an acceptable cost will determine if the law is successful. Whether the government proves to be capable—as all evidence to date suggests it isn’t—of administering such a complex and wide-reaching law will determine if it’s successful. Most of all, the fact that the law almost certainly can’t be repealed now doesn’t make the Affordable Care Act a success, and any politician who thinks that way should be despised and distrusted.

No law should ever be beyond the possibility of rejection or repeal, if it becomes obvious that it was poorly conceived or that another approach would be better. I understand that’s not the way our busted system currently “works,” as horrible, expensive, corrupt, unworkable and wrongful laws routinely become imbedded in bureaucratic cement, and that the last large scale law to be repealed was probably Prohibition. This forward-ratcheting effect is one of the factors that makes our growing debt so frightening, as our leaders lack both the will and the means to stop anything, no matter how ill-considered, once it has a budget and a lobby. But for any national leader, especially the President, to celebrate this dangerous and dysfunctional feature of American lawmaking is profoundly disturbing, and demonstrates a preference for political warfare over governing. (This is perhaps, understandable in Obama’s case, as he is adept at the former and hopelessly inept at the latter.)

The goal, may I remind all participants, is to come up with policies that are good for the nation, not to “win” by inflicting laws that the other side can never remove. “HA! We won! Now you’ll never be able to repeal the lousy law we rammed down the country’s throat!” (of course, I’m paraphrasing) is unseemly, and shows toxic and unethical priorities .

Whether the verdict on the ACA law is ultimately positive or not—and despite what the pols say, the jury is obviously still out—it should never be forgotten or forgiven that its path has been paved with lies. Yet another one came to light this week. Leading up to March 31, press releases, tweets and blog posts from the Administration emphasized that the last day in March was the final opportunity to get health insurance in 2014, as in this White House blog post on the so-called “deadline”:

Continue reading

Anderson Cooper’s Reflections on Inheritance: Not Unethical, Perhaps; Just Ignorant, Self-Serving and Presumptuous

I was going to let this go, but it kept gnawing at me, and nobody in the news media called out Anderson Cooper on his outrageous misrepresentation of history and human character. I guess it’s up to me.

gloria-vanderbilt-anderson-cooper

“Thanks for nothing, Mom!”

Cooper is the son of fashion designer Gloria Vanderbilt, and thus an heir to one of the most storied of American family fortunes. Apparently Cooper has known for some time that he’s getting none of his mother’s estimated 200 million dollar estate, and he told Howard Stern recently that he was fine about it, an had no bitterness or regrets.

“I don’t believe in inheriting money, ” he told Stern. “That’s a total fantasy … I think it’s an initiative-sucker, I think it’s a curse. Who’s inherited a lot of money who’s gone on to do things in their own life? If I felt that there was some pot of gold waiting for me, I don’t know that I would have been so motivated.”

As for his mother, who inherited many millions and who still made a name for herself by launching a  line of designer jeans, Cooper told Stern, “I think that’s an anomaly.”

Cooper is free to adopt whatever myths and rationalizations that help him get over the fact that his mother is cutting him off. He is not free to misinform the historically ignorant that a tendency exists which may describe his own mental state but which is far from the presumptive norm with others throughout the centuries. “Who’s inherited a lot of money who’s gone on to do things in their own life?” The answer to that question is “Too many to mention, Anderson. Are you kidding? Do you know anything about history?”

Just counting U.S. Presidents, which I think even in this period of reduced stature among White House occupants, would still qualify as “doing something with your life,” we have Washington, Madison and Monroe, all of whom inherited substantial property and assets from their families, as did William Henry Harrison and his grandson, Benjamin Harrison. Both Roosevelts inherited substantial wealth; so did William Howard Taft, whose family was (and is) one of the richest in the U.S. Both Bush’s managed not to let the curse of inherited wealth undermine their wills to succeed. Continue reading

The Ethics Alarms List of Debate Cheats and Fallacies

fallacy

I realized it was time to post the definitive Ethics Alarms List of Debate Cheats and Fallacies after once again having to point out to an indignant commenter that calling  him a jerk based on a jerkish comment was not an ad hominem attack, and that saying idiotic things on-line carry that risk. Here, at last, is the current list, adapted from multiple sources. As with the Rationalizations List, with which this occasionally overlaps, I invite additions. Participants here should feel free to refer to the various fallacious arguments by number, and to apply critically them to my posts as well as the comments of others. Am I immune from occasionally falling into one or more of these bad debate techniques and rhetorical habits? No. The other reason I wanted to get the list up was to reinforce my own efforts to be persuasive without being manipulative.

1. Ad Hominem Attack

An ad hominem attack means that one is substituting the character or quality of an adversary’s thought for the argument the adversary is presenting. This is unfair, as well as misleading. “Your argument is invalid because you are a crook, a fool, an idiot” is an ad hominem attack. It is not an ad hominem attack to prove an argument idiotic, and conclude, on the basis of signature significance, (which requires that an  argument be so idiotic that no non-idiot would conceive such a thing and dare express it),that the one making the argument is an idiot, since only an idiot would make such an argument. Confusing the true ad hominem attack with the latter is a useful deflection by poor advocates of the fair consequence of their advocacy. Idiots can still hold valid positions, and disproving the position has nothing to do with proving they are idiots.

1 a. The Toxic Introduction.

A more subtle application of the ad hominem attack is The Toxic Introduction, where the argument of another is introduced by noting a negative quality about the individual. The effect is to undermine the argument before it has even been heard, by its association with a less than impressive advocate.

2. Butch’s Stratagem (The Straw Man)

Continue reading

My Hypocrisy Detector Just Blew Up!

sarcasm

In a favorite episode of “The Simpsons,” the Springfield equivilent of Mensa is having a contentious debate. Prof. Frink, the local mad scientis, complains that the tone has set the readings of his newly-invented “sarcasm detector” dangerously high. “Comic Book Guy,” another brainy member of the club, snarks, “A sarcasm detector? That’s a real useful invention!” Whereupon the sarcasm detector blows up.

Well, my hypocrisy detector just blew up. The readings started going off the charts when I came across this item:

NEW YORK (AP) — Hillary Rodham Clinton said Thursday night that excessive partisanship flowing through the nation’s political system is causing the U.S. to march “backwards instead of forward”…Clinton cited the need to “get back to evidence-based decision-making.”

Oh, you mean like telling America that the allegations that your husband had lied under oath about his sexual affairs in a sexual harassment lawsuit and was using the power of his office to obstruct justice and cover it up was the creation of “a vast right wing conspiracy,” Hillary?  When you knew that the allegations were true? That kind of “evidence-based decision-making”?

I swear, if this awful, dishonest, cynical and untrustworthy woman runs for President, everything here will be exploding—my sarcasm detector, lie detector, hypocrisy detector, head…you name it.

This was just a warm-up, though. Then I read a Washington Post puff piece on Anita Hill, who is peddling a new documentary that casts her as a hero, which is ridiculous on its face. Anita Hill is the walking, talking embodiment of feminist hypocrisy, especially when paired with Hillary’s target, Paula Jones. I remember back when I worked for a large trial attorney lobby and Monicagate was in full force. The female president of the association was going on about her support of Clinton and how this was all, well, Hillary provided the talking point, and I had the cheek to remind her that during Clarence Thomas’s confirmation hearings she wore a button that said “I believe Anita Hill.”

Continue reading