Month: September 2015

The Pope’s Smoking Gun

/ Jack Marshall / 61 Comments

Papal MitreI have been touched by the passionate defenses of the Pope during his visit here, by sincere believers who desperately wanted not to see what was going on. If only Pope Francis respected his supporters enough to live up to the ideals they projected on him, which included insisting, against all evidence, that he was merely talking in broad, moral generalities to Congress rather than lobbying for progressive policies, like making illegal immigration legal.

He was, we were told, only showing us where “true North” was according to the Church. I guess he just forgot to bring up abortion, which the Church regards as murder (and Joe Biden too, when he’s not playing politics) as he was lecturing our legislators about “human rights.”

The second he returned home, the Pope threw gay couples under the Popemobile, stating that Kim Davis’s position as a government official refusing to obey the law was a “right.” Again, his defenders insisted that this was just an abstraction. Now we hear from Davis’s lawyers that she had a secret meeting with Pope Francis. Davis says that he hugged her, gave her a rosary, and told her to “stay strong.”

“That was a great encouragement. Just knowing that the pope is on track with what we’re doing, it kind of validates everything to have someone of that stature,” Davis said.

Naturally, those who can’t handle the truth will say she is lying. There is no evidence that Kim Davis is untruthful, and her lawyer would be facing discipline if they falsely reported what did not occur. This really happened. Continue reading →

Ethics Dunce: The Ninth Circuit Court Of Appeals

/ Jack Marshall / 11 Comments
The unethical prosecutor in US v, Flores. Watch out for her!

The unethical prosecutor in State v. Flores. Watch out for her!

It’s always heartening to see a court cite the 1935 Supreme Court case of  Berger v. United States, 295 U.S. 78, (1935), famous in legal ethics circles for its ringing statement that government lawyers must understand that their obligation “in a criminal prosecution is not that it shall win . . . , but that justice shall be done.”  The principle has been extended by some judges to civil cases as well, making the point that the government in any legal dispute should be interested only in the best interests of citizens and getting the case right. It is less heartening when the cite is in a dissent, as in this case.

The Ninth Circuit, reviewing a conviction for illegal drug importation, conceded that the prosecutor crossed into unethical territory by misstating the law,misstating the defendant’s testimony, and improperly vouching for a witness. Nonetheless, the court in State v. Flores concluded that this misconduct didn’t rise to the level of “plain error,” meaning that the defendant would have been found guilty anyway:

“In sum, while the government misrepresented Flores’s testimony and misstated the law on multiple occasions, in the context of the trial as a whole, it is unlikely that the jury was misled about the law or the facts.”

That’s right: the government misrepresented facts and law, but the jury was probably not misled. Continue reading →

Ethics Heroes: Eugene and Corky Bostick, Dog Train Proprietors

/ Jack Marshall / 38 Comments

Dog Train

Eugene Bostick and his brother Corky are retired octogenarian who live on a farm by a dead-end street within the Fort Wort, Texas, city limits. Their property became  a popular dumping ground for unwanted dogs over time, as their owners dropped them off behind the Bostick brothers’ horse barn to starve to death. The brothers made a home for them on their land, feeding them, letting them in and out of their farm house, getting them spayed and neutered if necessary and cared for by a veterinarian, and generally making the abandoned dogs part of an expanded, and still expanding, primarily canine family.

The rescued dogs  run around and play together on the farm, but Eugene had the inspiration to take them on local trips around Fort Worth, like to local golf course. Taking his design from a tractor he saw hooked up to individual wagons carrying rocks, he decided to build “the dog train.’” “I’m a pretty good welder, so I took these plastic barrels with holes cut in them, and put wheels under them and tied them together,” says the train’s main engineer.

Now, a couple of times a week, Bostick loads up his dogs, all but the two smallest in their own compartments, and drives his charges through various Fort Worth locales. The dog train is a favorite photo subject for Fort Worth natives, and the dogs’ happy barking can be heard from quite a distance away.

“Whenever they hear me hooking the tractor up to it, man, they get so excited,” Bostick said. “They all come running and jump in on their own. They’re ready to go.”

If only Amtrack was this much fun.

Here’s a video…

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Facts and Graphic: Yahoo!

Comment of the Day: “The Beatles And Plagiarism”

/ Jack Marshall / 9 Comments
Then there are Golden Rule considerations...

Then there are Golden Rule considerations…

There were many outstanding comments today, but I have a soft spot in my heart for any comment that completes a post that I decided to shorten by raising the issue I omitted for length. Thus johnburger2013 gets another Comment of the Day nod for his musings on the elusive lines between homage, inspirations, quotes and plagiarism in music.

The three examples discussed in my post are not close calls, I’d insist: my friend, actor/lawyer/ classic rock maven David Elias informs me that John Lennon actually confessed that he had plagiarized the Chuck Berry song, and his was the least egregious steal of the three. Other instances, however, are not so clear cut: If he hadn’t sung all of them, a case could be made that every Gary Puckett song was plagiarized from every other one. (The same, in fact, has been said of Chuck Berry.)

In researching the Beatles story, I found an entertaining site called Sounds Just Like which explores johnb’s “line.” Most are a stretch: No, I don’t think John Williams ripped off Darth Vader’s theme from Mary Poppins’ “A Spoonful of Sugar.” But I do know that Arthur Sullivan was imitating Mendelssohn big time in “Iolanthe,” and that recognizable musical quotes are important tools of the trade that should not be strangled by overzealous copyright prosecutions.

Here is johnburger2013’s Comment of the Day on the post, The Beatles And Plagiarism: Continue reading →

The Aftermath: Final Observations On The Papelbon-Harper Incident

/ Jack Marshall / 12 Comments
Jonathan Papelbon in another career highlight...

Jonathan Papelbon in another career highlight…

More on the aftermath of the incident that has the baseball world talking and the sports ethics world cogitating…

1) The Nationals punished the right player, suspending reliever Papelbon for four games, which combined with the three games the league suspended him for intentionally throwing at a player in an earlier game, ends his season in embarrassing fashion. The four lost games will cost the closer about $280,000 in salary, and his total loss, with the additional three games, will be close to a half-million dollars.

2) The word out of the Nationals clubhouse is that many players agree that Harper was dogging it to first base (the impetus for the criticism that started the fight) and that Papelbon was within his rights to call Harper on his lack of hustle. This indicates that Papelbon was reacting to a perceived lack of leadership on the team. In fact, the team does lack leadership, as manager Matt Williams is neither respected nor listened to, and this was one of the reasons the heavily favored Nats collapsed down the pennant stretch. Thus it seems that Papelbon, a recent acquisition who was new to the Nats culture, may have been trying to fill a leadership vacuum and botched it. Still, he engaged in his unethical conduct for an ethical reason; that only places him in “the ends justify the means” territory, however.

Moreover, any team whose leader is Jonathan Papelbon is in big, big trouble.

3) Incredibly, manager Matt Williams, who left Papelbon in the game after the fight to pitch the ninth and get clobbered, claimed that he wouldn’t have done so if he was aware of what happened. Williams said that he was at the other end of the dugout, and didn’t understand the import of the commotion that had players shouting and separating two combatants, including his best player and his current pitcher. Wow.  The Nats dugout isn’t that long. He wasn’t curious? Didn’t he feel, as the man in charge, a need to investigate? Worse still, none of his coaches felt that he needed to be informed, even considering that this was happening in full view of the fans and TV cameras.  Continue reading →

Ethics Dunce: The State of Illinois

/ Jack Marshall / 10 Comments

illinois-lottery

State lotteries are unethical, of course, being regressive crypto-taxes on the poor, dumb and gullible installed by gutless legislators to avoid more responsible revenue sources that might cost them votes. Illinois isn’t alone among the states engaging in these shameless scams; indeed it is in the vast, vast majority. This particular slippery slope also slipped exactly as the worst doomsayers predicted, with lotteries leading inexorably to widespread casino gambling and an explosion of gambling addiction and its attendant ruination. But never mind.

Illinois is not an ethics dunce for having a state lottery, although it is. Illinois is an ethics dunce for being the only state that has a state lottery and doesn’t pay up when one of those poor, dumb, gullible citizens gets lucky and wins a bundle. The state is in the throes of a huge fiscal deficit, and because the legislature and governor have failed to agree on a 2015-16 budget for the fiscal year that started July 1, the Illinois comptroller’s office doesn’t have  authority to write checks over $25,000. Lottery winners who have won that much or more when the ping-pong balls popped their way have been waiting for their giant checks. Meanwhile, the state continues to pay the salaries of those working inside the Illinois Lottery and the private company that manages it, and the lottery continues to advertise the games and sell tickets. Continue reading →

Ethics Quiz: The Memories Pizza Stunt

/ Jack Marshall / 30 Comments

Memories Pizza, you will recall, rushed to let everyone know that it supported Indiana’s short-lived “Let’s discriminate against gays” law, which Pope Francis would have approved of, apparently.  The poor, naive little establishment, which was about as likely to cater a gay wedding as a White House state dinner, became the immediate target of social justice warrior bullies, who nearly succeeded in running them out of business.

On September 25, 2015, comic Robin Trevino, a member of the gay theatrical ensemble GayCo, drove to Walkerton, Indiana, bought pizzas at  Memories Pizza, , and served Memories Pizza to all the guests at his September 26, 2015 same-sex wedding reception, then released a video to alert the world that Memories Pizza had unknowingly catered a gay wedding  after all.

Your Ethics Alarms Ethics Quiz of the Day:

Was it ethical to do this?

Continue reading →

The Beatles And Plagiarism

/ Jack Marshall / 18 Comments

Chuck BerryI knew that Brian Wilson had ripped off Chuck Berry’s “Sweet Little Sixteen” to write “Surfin’ USA,” resulting in Berry owning the copyright to the Beach Boys hit. I knew that George Harrison had stolen the Chiffons’ “He’s So Fine” for his first solo hit “My Sweet Lord,” ultimately resulting in Harrison being found guilty of “subconscious plagiarism” (suuuuuure) and paying $1,599,987 of the earnings from “My Sweet Lord” to Bright Tunes, since songwriter Ronnie Mack had died in 1963, shortly after “He’s So Fine” was released. ( George did not cover himself in glory, telling an interviewer, “As far as I’m concerned, the effect the song has had far exceeds any bitching between copyright people and their greed and jealousy.” You stole the song, George.)

I did not know until this morning, when I had a chance to listen closely to Berry’s “You Can’t Catch Me” on my car radio, that The Beatles had plagiarized it for the opening cut on “Abbey Road,” “Come Together (Over Me.)”

First it was the lyrics that got my attention. I heard Chuck sing..

“I was rollin’ slowly ’cause of drizzlin’ showers
Here come a flat-top, he was movin’ up with me..”

Sounds familiar…where have I heard that before? Oh yeah!

“Here come old flattop, he come grooving up slowly…”

Then there was the melody, which was essentially identical, just differently arranged. Compare:

Continue reading →

OK, Progressive Hypocrites: NOW Do You Agree That The Pope Is Meddling Where He Has No Business Meddling?

/ Jack Marshall / 36 Comments

Pope Francis2

Pope Francis just threw the weight of the Vatican behind Kim Davis, Mike Huckabee, and other proponents of theocracy….which makes sense, I guess, since he leads one:

Reuters:

Pope Francis said on Monday government officials have a “human right” to refuse to discharge a duty, such as issuing marriage licenses to homosexuals, if they feel it violates their conscience...On the flight back to Rome, he was asked if he supported individuals, including government officials, who refuse to abide by some laws, such as issuing marriage licenses to gays.

“Conscientious objection must enter into every juridical structure because it is a right,” Francis said.

UPDATE: The full quote:

“I can’t have in mind all cases that can exist about conscience objection… but, yes, I can say the conscientious objection is a right that is a part of every human right. It is a right. And if a person does not allow others to be a conscientious objector, he denies a right…. Conscientious objection must enter into every juridical structure because it is a right, a human right… Otherwise we would end up in a situation where we select what is a right, saying ‘this right that has merit, this one does not.’ It is a human right…It is a human right and if a government official is a human person, he has that right. It is a human right.”

That sly fox did phrase this ambiguously enough that he has plausible deniability: maybe he’s been coached by the Clintons. “Oh, no,” he can say, “I said ‘conscientious objection,’ as in civil disobedience. I didn’t say they had a right to defy the law and still keep their jobs!” Or maybe he was mistranslated, and really said, “My hovercraft is full of eels.”

Let’s all give thank to the Pope for ensuring that more Constitutional dummies will insist that they can defy the laws and discriminate against gay citizens because the Bible tells them so and the Pope said they have a “right.”

Sorry Frankie, but you don’t know what the hell you are talking about, and you need to butt out of U.S. social and policy issues.

There is no human right to treat a human being differently from any other human being because of his or sexual orientation as a representative of the government, no right to defy the law without consequences, and no right for a government employee to refuse to do her job because she, like the Pope, in her infinite non-comprehension of the Constitution, doesn’t agree with the Supreme Court.

Nevertheless, gratitude is due to the Popester* for proving my point about the absurdity of his amateur observations about law, government and policy being treated like divine revelations by the news media and Democrats trying to pick up some polling points on global warming.

Did you notice that he didn’t have the guts to talk to Congress about abortion. That would have upset his claque on the Democratic side. He also waited until he was safely  back home before lining up with the Kim Davis crowd.

Canny.

Cowardly.

*Disrespectful, you say? Absolutely. Guilty as charged! I don’t respect foreign despots who presume to interfere with my country’s politics, laws and culture. I resent them. Neither should any other American citizen. And John Boehner regarded allowing the head of his religion to lobby the Congress his greatest achievement!

 

Send in the Clones: Hillary Clinton’s Hilarious Fake Spontaneous Supporters

/ Jack Marshall / 18 Comments
"Here at the Clinton Foundation Paid Mouthpiece Cloning Facility, we are building for the future..."

“Here at the Clinton Foundation Paid Mouthpiece Cloning Facility, we are building for the future…”

Mediaite sarcastically points out that “in a massive coincidence, every single Hillary Clinton staffer and surrogate who watched the Democratic presidential candidate’s Meet the Press interview [Sunday] had the exact same thoughts, sometimes using identical language.”  On MSNBC, Willie Geist and Chuck Todd, who handled the interview,  joked about it.

“Everyone who is remotely a part of the campaign tweeted out simultaneously that it’s time to move on,” said NBC’s Willie Geist. “I saw that!” a grinning Todd said.“That was a little ham-handed….Especially when it’s exactly the same, right? It’s clear somebody cut and paste from the email, from whatever email.”

HAHAHAHAHAHAHAHAHAHA!!! How hilarious! All of those guests that MSNBC and NBC and the rest have on to give their honest, objective, expert opinion on Clinton’s misconduct, machinations and lies are reading from scripts provided by Hillary’s campaign! That’s so funny! And the news media present them as if they are presenting independent opinions and are trustworthy! HAHAHAHAHAHAHAHAHAHA!!!

Here are the tweets in question: Continue reading →