Month: June 2015

Outrageous, Unprofessional, Unethical Judge Michael Cicconetti

/ Jack Marshall / 21 Comments
Pepper spray in the face? Uh, that's not what we mean by "blind justice"...

Pepper spray in the face? Uh, that’s not what we mean by “blind justice”…

In Painesville, Ohio, Municipal Court Judge Michael Cicconetti decreed that Diamond Gaston, tried for assault for pepper-spraying another woman in the face, had to choose between spending a month in jail or getting pepper-sprayed in her face by the victim. Judge Cicconetti—the sly fox—had secretly had the pepper-spray replaced with a saline solution without telling Gaston, who was his victim. In the same week,  Cicconetti sentenced a woman who failed to pay a cab driver for a 30 mile trip to the choice of jail time or paying $100 restitution and walking the 30 miles she stole from the cabbie. This got him on all the cable news shows, so obviously it was a great idea.

Law Professor Jonathan Turley was so upset by these absurd sentences (and others he has condemned) that his blog post on the topic is (uncharacteristically) riddled with errors, as if he wrote it while screaming as tears blurred his eyes. Maybe he did. Unlike your host, Turley is usually reserved and understated, but this really got to him. Here: my view is substantially the same as his, so let’s give the professor his say (with a little editing): Continue reading →

Comment of the Day: “Confused Ethics Observations On Caitlyn Jenner, Up and Down the Cognitive Dissonance Scale”

/ Jack Marshall / 71 Comments
"Yikes! Doc says I have to go back to the Seventies and make sure Caitlyn Jenner wins the Ladies Decathlon!"

“Yikes! Doc says I have to go back to 1976 and make sure Jenner wins the Ladies Decathlon!”

It is testimony to the passion, breadth and erudition of the readership here that when I miss an ethics angle to a story, it almost always is raised, and well, by someone else. Here is a wonderful example, johnburger’s ethical objection to the instant, inaccurate and unethical recasting of Olympic athlete Bruce Jenner as female, because Jenner has adopted another gender identity more than 30 years later. I’ll have a brief note in the end,

Here is johnburger’s Comment of the Day on the post, Confused Ethics Observations On Caitlyn Jenner, Up and Down the Cognitive Dissonance Scale: Continue reading →

KABOOM! The Fascist School Superintendent Who Is Training Children To Think Like Senator Sheldon Whitehouse

/ Jack Marshall / 29 Comments
Bad one. Been building for a while.

Bad one. Been building for a while.

Explain to me why this story isn’t national news, while a principal pulling a valedictorian off the graduation program when he insisted on making graduation a vehicle for his coming out as gay—to his parents—is. Never mind. We both know know. Journalists see discrimination and homophobia even where it isn’t, but fascism increasingly bothers them less and less.

That’s because, I fear, they are Democrats. I will return to this surprising and alarming theme in a moment.

At Northwest Mississippi Community College, where the graduation ceremony for Senatobia High was held,  the superintendent asked the crowd not to scream or cheer and to hold their applause until the end. As always happens—always, always,always––a few relatives couldn’t contain themselves. Four guests shouted various felicities and exhortation to their graduates out of turn

They are strict in Mississippi: all four were kicked out of the event.

But that’s not all. They are really strict in Mississippi: Senatobia Municipal School District Superintendent Jay Foster filed ‘disturbing the peace’ charges against the people who yelled at graduation, and police  issued warrants for their arrests with a possible $500 bond.

KABOOM!

Well, my head’s been threatening to explode for quite a while now*, and this finally did it, big time. Congratulations Jay Foster, you foolish, unethical, unkind, tin-god fascist. You did it.

Foster refused to be interviewed on camera, but told the media that he’s determined to have order at graduation ceremonies. I recommend snipers, Jay. Or maybe duct tape. This fascist idiot is responsible for educating children! Does he realize he’s educating them to be…Democratic Senators? Continue reading →

Morning Pop Quiz On Ethics And Leadership: What’s Wrong With White House Spokesman Josh Earnest’s TSA Quote?

/ Jack Marshall / 72 Comments

Here’s the quote, from Earnest’s  statement on behalf of the President:

“The President does continue to have confidence that the officers of the TSA do very important work that continues to protect the American people.”

Your pop quiz:

What’s wrong with it?

(It is very wrong.)

I’ll give you a minute (It took me 3 seconds) “Final Jeopardy” style:

Got it?

Here we go…. Continue reading →

Confused Ethics Observations On Caitlyn Jenner, Up and Down the Cognitive Dissonance Scale

/ Jack Marshall / 101 Comments

Cognitive DissonanceThis whole episode is pure cognitive dissonance hell for me, with high scale values clashing with low scale conduct, and the result being as hard to analyze neatly and dispassionately as the aftermath of an elevator crash. But I’m a fool, so I’ll take a shot at it anyway.

1. Bruce, now Caitlyn, Jenner’s openness about his transsexual issues is brave and may yet help this misunderstood and routinely derided group achieve acceptance. PLUS.

2. She should have played ethics chess, however, and as a public figure who, she now says, always planned this transition, was irresponsible not to. Associating herself with the traveling freak, venality, bad taste and atrocious values caravan known as the Kardashians guaranteed that anything she did thereafter would be a legitimate object of suspicion. MINUS.

3. Turning her transition from Bruce to Caitlyn into a reality show was similarly counter-productive and harmful to her cause, assuming the cause really matters to her. I doubt that it does.  Reality shows equal schlock, emotionalism, manipulation, phoniness—and money. That won’t help the trans population. MINUS.

4. As the first bona fide celebrity to undergo gender reassignment (no, I don’t call Chastity Bono a real celebrity), Jenner could have handled this in a modest, measured manner that made trans people look reasonable, dignified, and rational. Unfortunately, Bruce Jenner was always a fame-addicted narcissist,  so her handling of the process is what you’d expect from one. Too bad. MINUS.

5. Thus we have the over-praised, over exposed, over-hyped, Vanity Fair cover, which is pure sensationalism, an exploitation of a serious issue for magazine sales, and a fraud. (Literally anyone can be dressed, shaved, and made up to look feminine.) Is Jenner interested in legitimizing and de-stigmatizing gender reassignment, or getting hubba-hubbas for a titillating man-to-bimbo transformation? Is Playboy next for Caitlyn? Don’t bet against it. MINUS for Vanity Fair; MINUS for Jenner

6. Is this really the way an ethical father kindly, sensitively and responsibly handles this kind of tectonic life change when he has six children and four step-children, including teenaged daughters? Admittedly, the daughters are crypto-Kardashians, so normal rules of delicacy might not apply. Still… MINUS for Jenner.

7. Republicans, conservatives and Neanderthals who are incapable of comprehending this serious topic should shut up about it.  There is grounds to criticize many aspects of this episode in American culture, but just making snarky comments like Neil Cavuto did on Fox is unproductive, unkind, divisive, and, frankly—I’ve been on Neil’s show, and I hate to say it—makes one look like an ass. If you don’t understand what’s going on, Neil, there’s no law that says you have to cover it. MINUS for Cavuto.

8. I had to shut off TV to get way from the breathless coverage of Jenner’s “coming out” photo. This isn’t respectful or responsible coverage, this is “Look! Bruce Jenner is HOT!!! She has BOOBS!” coverage, juvenile, degrading, and transparently salacious. It shouts “freak,” and that is exactly what Jenner should not want, nor should any LGBT advocate. Of course, the conduct of Vanity Fair and Jenner asked for it. MINUS for the news media.

9. To the extent that Jenner’s act promotes more public discussion and understanding of the issues facing trans individuals, this all may have a beneficial effect that may outweigh the negatives. Right now, there is too much static to tell. PLUS.

I hope.

A Lesson In Moral Luck And Consequentialism

/ Jack Marshall / 12 Comments

car-key

If I accomplish nothing more through Ethics Alarms than to cure some intelligent readers of the seductive fallacy of consequentialism and the insideous influences of moral luck, then the long, aimless trail of squandered opportunities, under-achievement, diffuse focus, quixotic quests, Pyrrhic victories and lost causes I call my life will not have been entirely in vain.

Last week I was again in the throes of consequentialism hate. The Boston Red Sox, in the midst of a terrible start to their season, brought up minor league prospect Eduardo Rodriguez for a spot start. He was spectacular, allowing no runs and looking like the team ace Boston has been searching for all season. Immediately after the game, articles popped up in the baseball media excoriating the team for not bringing him up from the minor leagues long before. It was obvious back in Spring Training, said unnamed scouts, that he should be with the big club. It was negligence and stupidity, said other pundits, that it had taken this long to promote him. Strangely, there had been no published arguments to this effect before his impressive debut. And would any of these “I could have told you so” pieces have been written if Rodriguez had been bombed out of the game in the early innings, as literally any starting pitcher may be in a given game?

No. That’s the marvel of hindsight bias, the human tendency to presume that what could have been known should have been known after it is known.  Consequentialism is its more destructive cousin. These same analysts will conclude that the decision to bring up the pitcher was a brilliant one, if tardy, because he performed well. If he had done badly, the decision would have been, in all likelihood, decreed ” a mistake.” This was the fallacy that Jeb Bush was recently pilloried for not embracing regarding his brother’s decision to invade Iraq.

And moral luck? That’s the phenomenon that makes hypocrites and fools of us all, pointing us to the suffocating arms of Dame Consequentialism. If two decision-makers take exactly the same course in exactly equivalent circumstances, the one who is the beneficiary of good fortune—moral luck—will be hailed as a genius. The unlucky soul whose identical plans are derailed by unpredictable misfortune will be handed the mantle of an incompetent failure.

Situations where reasonable decisions and actions are declared “mistakes,” or, as is more germane here, “unethical” according to how uncontrollable events and contingencies occur subsequent to the conduct itself are legion. I am always looking for the counter example, where wrongful conduct has a good result, and is there for forgiven, ignored, or even praised. Well, I found one, and it just happened to me.

I had an important though brief client meeting scheduled this morning, and I had managed to forget the exact time. It was either at 10:45 or 11:00, and I had to be on time, because he was on a tight schedule. My wife was annoyed at me for my scheduling, since she had to use the car to get to a long scheduled appointment of her own at noon and my meeting was 30 minutes away. To make things worse, I couldn’t reach my meeting partner to determine the right time ( a postponement was impossible). To complete the fiasco, I misplaced the car keys, delaying my departure until after 10:30. I was informed, as I left the house with my newly discovered keys (never mind where they were; it is too embarrassing), that if I didn’t have the car back by 11:45, I was dead.

I assumed I would be dead. Continue reading →

No “War On Women,” Just Integrity: Gov. Walker Will Sign Abortion Limits Law Without Rape And Incest Exceptions

/ Jack Marshall / 74 Comments
A fetus at 20 weeks: "Sorry, kid, your dad was a rapist, so you're not human any more..."

A fetus at 20 weeks: “Sorry, kid, your dad was a rapist, so you’re not human any more…”

For such an important, life and death issue as abortion—the slavery debate of our time—the lack of prominent politicians on either side showing integrity is stunning.  Abortion on demand advocates like John Kerry and Joe Biden simultaneously claim to believe that human life begins at conception—they are good Catholic boys—while contradicting the ethical demands of those beliefs by advocating the elimination of legal protection for those human lives. Anti-abortion Republicans typically blink at the question of what they would do if a daughter or granddaughter became pregnant with an unwanted child, retreating, like Dan Quayle did decades ago, to ‘I would leave the choice to her and support her whatever she decides.’ Translation: “I believe in restricting any woman’s right to choose unless I personally know and care about them.”

Yechhh.

The other question that exposes a paucity of thought, courage and integrity in abortion opponents involves the rape or incest dilemma. Journalists, who learned in their campus cultures that abortion only involved one human life and the “thing” being removed was just an inhuman annoyance with no rights at all, consider any policy maker or politician a monster  if he doesn’t melt into a puddle when asked the “but what about…?” question and blubber, “Of course, I support abortion in the case of rape and incest…” In truth, the opposite is true. That answer exposes a callousness toward women and the lack of serious and coherent thought about human life. Continue reading →

We Have A Winner In The “False Hastert-Clinton Equivalency Sweepstakes”! Congratulate Slate’s William Salatan!

/ Jack Marshall / 12 Comments

I don’t know when William Salatan jumped the ethics shark at Slate; I used to find him fair, reasonable and perceptive. Now he has apparently gone over the Dark Side, the shadowy, ethics-free realm where the Clintons are victims of a vast right wing conspiracy. Too bad.

There is some compensation for Salatan, though. He just penned the perfect example of the Shameless Left’s attempt to exploit the fall of  former GOP Speaker Dennis Hastert to exonerate Bill Clinton, and by extension, his Lady MacBeth, Hillary, as she tries to complete her rise to power fueled by the public’s acceptance of her husband’s corrupt ways.

You can read it here, and I would hope that most of you would be able to spot, and quickly, the multiple blatant ethics bait-and-switches that Salatan employs. But for those deceived, let me provide some guidance.

Many commentators have made the point that Hastert’s prosecution looks politically motivated and unfair. He is not being prosecuted for the alleged sexual misconduct with a student believed to be the source of an extortion attempt, and paying a blackmailer is no crime. He is being prosecuted for lying to the F.B.I about the reason for his large cash withdrawals. Says Salatan:

“The critics have a point. Lying under oath and evading transaction surveillance are derivative crimes. Usually, they’re prosecuted only if the underlying offense is serious and demonstrably true. You can argue that if the core allegation hasn’t been proved, or if the core issue isn’t grave enough, it’s cheap and abusive to proceed with prosecution based purely on derivative charges. But Hastert can’t make that argument, because he made the opposite argument 17 years ago. He threw the book at President Clinton for lying about sex.”

Thus Slate’s misleading and ignorance-seeding headline, “Hastert’s Hypocrisy.” There is no hypocrisy. Moreover, like Professor Kerr, Salatan mistakenly says that Clinton was impeached for “lying about sex.”  That was a Lanny Davis/Clinton spin talking point, and it is false.. Continue reading →

TSA’s Incompetence: Combining David Brooks’ Scandal-Free Fantasy With United’s Anti-Soda Can Policy For Muslem Passengers

/ Jack Marshall / 8 Comments

mashupmonday

Now we have this:

Washington (CNN)Airport screeners failed to detect explosives and weapons in nearly every test that an undercover Homeland Security team conducted at dozens of airports, according to an internal investigation.

The Transportation Security Administration found that “red teams” with the Department of Homeland Security’s Office of the Inspector General were able to get banned items through the screening process in 67 out of 70 tests — 95% — it conducted across the nation.

In other words, since those deadly Islamic terrorists can easily smuggle explosives and weapons on board United flights (or any others), it’s really silly to rob them of the pleasure of sipping a Diet Coke from a freshly opened can as they wait to send everyone to Allah.

In more words, all of the hundreds of thousands of hours, pointless inconvenience and hassle, emptying of pockets, taking off of shoes and belts, moving laptops in and out of bags, showing IDs and boarding passes, as well as the occasional intrusive and unpleasant feel-up pat-downs by strangers wearing rubber gloves that have been inflicted on air passengers (like me) have been stupid, useless, and as effective at keeping airplanes safe as being checked by a blind marmoset with a divining rod.

Of course, David Brooks wouldn’t call the TSA’s gross failure an example of inexcusable incompetence, lack of oversight and breach of trust a scandal either, because it doesn’t involve sex (well, at least in most of the patdowns)  or criminal acts, and is the responsibility of Barack Obama, whose administration is amazingly scandal-free, so this can’t be a scandal by definition.

I beg to differ. The stunning incompetence and lack of competent management, accountability (watch: nobody will be fired for this) or oversight exemplified by this latest fiasco is an ongoing scandal of the worst kind, one of many, or, if you prefer, just the single, devastating, huge, two-term scandal that is the Barack Obama presidency, the most arrogant and incompetent administration in U.S. history.

Ethics Observations On NYT Columnist David Brooks’ Astounding Quote

/ Jack Marshall / 13 Comments
scandal

Amazingly, Obama hasn’t had any.

Here is the quote:

“President Obama has run an amazingly scandal-free administration, not only he himself, but the people around him, not only he himself, but the people around him. He’s chosen people who have been pretty scandal-free. And so there are people in Washington who do set a standard of integrity, who do seem to attract people of quality. And I think that’s probably true of the current group.”

Yes, it was almost a Kaboom!, causing my head to explode. Yes, I think it is stunning thing for anyone to say, but especially a pundit who is respected–by some, anyway—for his careful thought and moderation. Yes, it is ridiculous on its face.

Fascinating and enlightening though!

1. Brooks, though he has wavered occasionally, has always had a man-crush on Obama. Acknowledging this as he has, it shows remarkable lack of bias-control to let it run wild to this extent.

2. It is a terrific example of how linguistics can warp ethics, and vice-versa. The only possible way someone can make such a statement honestly—yes, I do believe Brooks really thinks this, as plainly counter-factual as it is—-is to consciously or sub-consciously define “scandal” so extremely that it omits anything connected to the Obama Administration. If Brooks believes that “scandals’ only involve theft, criminal activity and sex, he has a barely supportable thesis. Barely. Well, not really even then.

3. Not just scandal-free, but “amazingly” scandal free! This gets into Big Lie territory; perhaps “Big Hyperbole” is a bit more accurate. To be “amazingly scandal free,” we would hold up this Administration as the ethics model for all future administrations. Be still, my expanding head…

4. Is this clinical denial? I have mentioned here before that a disturbing number of Democrats and progressives, as well as African Americans, defend Obama by just asserting that everything is wonderful, no matter what goes wrong, and that Obama himself is a great President, despite near complete incompetence in every sphere. Some of these are professional liars and ideological warriors, of course; some are also just not too bright. Brooks, however, doesn’t fit in those categories. Continue reading →