Month: August 2017

The Unabomber Had A Point. [UPDATED]

/ Jack Marshall / 37 Comments

FX has a new limited series about the hunt for the Unabomber, Theodore John Kaczynski. I didn’t pay much attention to the story when it was going on; I just thought it was one more Harvard-grad-turns-serial-killer episode, and that was that. I certainly didn’t pay attention to his “manifesto.” The series, however, enlightened me.  As I understand it, Ted believed that technology was destroying society, making us all slaves to it, and taking the joy out of life. I have yet to see how blowing people up addressed this problem, but then he shouldn’t have to be right about everything. The evidence has been mounting since 1995, when he killed his final victim,that  the Unabomber  wasn’t quite as crazy as we thought.

I could bury you in links, but will not.  We are slaves, for example, to passwords. I teach lawyers that their devices containing client confidences should, to be properly protective of them under ethics standards, have passwords of at least 18 random letters, characters and numbers, with the password for every such device being different, and all of them changed every month. Or you can go the John Podesta route, use “password.” and get hacked, and eventually disciplined by your bar association, once they decide to get serious.

[CORRECTION: In the original post, I relayed a link to a site where you can check your password to see if it’s been compromised. I had been forwarded the link by another tech-interested lawyer. But as I was just alerted by a commenter (Than you, Brian!) It’s apotential trap and an unethical site, making you reveal your password to check it. I apologize for posting it. See how dangerous and tricky this stuff is? See? SEE?.I fell for the trap of depending on technology to protect us from technology! Ted warned us about that, too.]

Then there is this feature in The Atlantic. An excerpt: Continue reading →

Al Luplow And The Duty To Remember

/ Jack Marshall / 15 Comments

 

A culture is defined by what it chooses to remember and what it chooses to forget. Ideally, a culture would remember everything, because knowing the past, as Santayana famously observed, was insurance against repeating its mistakes.  But time is a huge eraser, as Shelley told us:

I met a traveller from an antique land,
Who said—“Two vast and trunkless legs of stone
Stand in the desert. . . . Near them, on the sand,
Half sunk a shattered visage lies, whose frown,
And wrinkled lip, and sneer of cold command,
Tell that its sculptor well those passions read
Which yet survive, stamped on these lifeless things,
The hand that mocked them, and the heart that fed;
And on the pedestal, these words appear:
My name is Ozymandias, King of Kings;
Look on my Works, ye Mighty, and despair!
Nothing beside remains. Round the decay
Of that colossal Wreck, boundless and bare
The lone and level sands stretch far away.”
This is why historians have such a crucial role to play in preserving our culture, by preserving stories, lives and memories along with the inspiration and wisdom they can provide.Sometimes a lost memory is rescued from neglect. Today we remember Colonel Joshua Chamberlain as one of the central heroes of the Battle of Gettysburg for his desperate stand with the 20th Maine Volunteer Infantry Regiment at Little Round Top, culminating in his using his knowledge of military history (he was a college professor) to improvise the bayonet charge that held his position and turned defeat into victory. That was not the case for almost a century, however, until the historical novel “The Killer Angels” retold the story so vividly that Chamberlain’s entire career became the object of new scholarship and admiration. This was truth emerging, but it was also justice. Chamberlain deserved to be remembered.

Unfortunately, Chamberlain is an exception. Once a life, a deed, a remarkable moment is forgotten, it is usually gone. That is a tragedy for the culture. The duty to remember, which I have discussed here before, is the duty to protect the culture and its riches. It is also based on the Golden Rule. We all would like our lives to be remembered as long as possible, especially when we accomplished something that future generations could and would appreciate or benefit from recalling.

This brings us to Al Luplow.

Two nights ago, in an outrageously antic and entertaining game between the Cleveland Indians and the Boston Red Sox, Indians outfielder Austin Jackson robbed Hanley Ramirez of a home run by leaping in the air at the right centerfield bullpen fence reaching over it mid-air to catch the ball, and tumbling over it. He still held on to the ball—he could have easily broken his neck—and the home run became an out.

Although outfielders have fallen over that fence from time to time, notably in the 2013 play-offs…

Continue reading →

Morning Ethics Warm-Up: 8/3/17

/ Jack Marshall / 120 Comments

Baaaaad Morning for me, GOOD MORNING to you, I hope.

1.  The New York Times, I thought, has an unusually fair story on the two phantom Trump phone calls that roiled “the resistance” yesterday. The President had said that he had received “calls” from the President of Mexico and the Boy Scout leadership, the former to salute him for getting tough at the border and the other to praise his controversial remarks at the annual Jamboree. There were no such calls, as the Mexico and the BSA had strongly suggested, and the White House confirmed this yesterday. In its piece this morning, the Times included a germane quote from pre-politics Trump in his 1987 book “The Art of the Deal”:

“People want to believe that something is the biggest and the greatest and the most spectacular. I call it truthful hyperbole. It’s an innocent form of exaggeration — and a very effective form of promotion.”

Germane, except that we already know that he thinks this way—and I don’t think referring to a conversation (in the case of Mexico) or multiple members of the Boy Scouts leadership”praising his speech in person after he was done (“Nice job!” “Great speech!” “The boys really appreciated it!”) as phone calls qualifies as “hyperbole,” truthful or otherwise.

These are examples of the President’s well-established addiction to speaking in word clouds and approximations. He “saw” (well, maybe not literally) “thousands of Muslims” (Okay, maybe he didn’t see them, but they were there! ) celebrating the doom of the Twin Towers in New Jersey. He never supported the Iraq invasion (saying otherwise to Howard Stern doesn’t count). Now add the hundreds of others we either discussed here or that were flashpoints during the campaign. The President’s attitude toward these little and large imprecisions of language has been, apparently since childhood, “Whatever.” He really doesn’t think they matter, because to him the difference between, for example, “calls” and other communications doesn’t matter.

It’s a terrible habit. It undermines his credibility. It weakens his ability to persuade and lead. It makes him look foolish, careless and stupid, and shows a lack of discipline. It gives his intractable foes easy bullets to shoot at him. It’s also an established trait, at this point. This is, again, the Julie Principle. This is how he is, and both his supporters and detractors know it. What  is accomplished by treating each new example as a major scandal? “Well, you can’t just let him get away with it!” is the reply.

He doesn’t get away with it. It undermines his credibility. It weaken his ability to persuade and lead. It makes him look foolish,  careless and stupid, and shows a lack of discipline.

2. The Times seems to make a mild “everybody does it” excuse for the President, citing the examples of two Presidents the Times also hated, LBJ and Reagan, mostly Reagan. “It is hardly unprecedented for a president to use a story to inspire or motivate, or to embellish a yarn for the sake of punctuating a poignant message,” the Times says. Then it recounts this: Continue reading →

UPDATE: So THAT’S What Really Is Going On. Boy, Wouldn’t It Be Great If There Was Some Trustworthy Professional Source That Would Report Events Without Spin And Intentional Distortions?

/ Jack Marshall / 37 Comments

 

Somehow, I expect the New York Times to be better than this.

Today’s Morning Warm-Up included this item as its final note:

Ethics Alarms will certainly feature more on this development, but for now I’ll just welcome the decision, sure to be attacked as “white supremacy,”  by the Justice Department’s civil rights division to begin  investigating and suing universities over affirmative action admissions policies deemed to discriminate against white applicants. Affirmative action has always been a euphemism for “race-based discrimination in favor of the right race,” and while it can be argued that it was a necessary evil in the wake of Jim Crow, it is still a hypocritical and unconstitutional policy.  I hope the Justice Department includes discrimination against Asian-American students in its crackdown as well.

Well what do you know?

DOJ spokeswoman Sarah Isgur Flores  put out a statement today clarifying what the New York Times went out of its way to distort, saying,

“Press reports regarding the personnel posting in the Civil Rights Division have been inaccurate. The posting sought volunteers to investigate one administrative complaint filed by a coalition of 64 Asian-American associations in May 2015 that the prior Administration left unresolved. The complaint alleges racial discrimination against Asian Americans in a university’s admissions policy and practices.”

This was the 2015 complaint by Asian-Americans claiming they were victimized by quotas at Ivy League schools that was discussed in the Ethics Alarms post I linked to this morning. Continue reading →

Follow-Up! Defending Prof. Kevin Allred’s Right To Make An Ass Of Himself On Social Media

/ Jack Marshall / 13 Comments

When we last visited Montclair State University Women’s Studies Professor Kevin Allred, he was about to be sacked at Rutgers for  tweeting

“Will the 2nd amendment be as cool when i buy a gun and start shooting at random white people or no…?”

In that case, I agreed that the university had little choice but to remove Allred from the campus, noting that Allred,  as an employee, an adult (theoretically) and an instructor, should have known better than to broadcast his provocative musings in 140 characters or less to the world at large, rather than confining them to class. He should also have  known that campus shootings aren’t a joking matter after the Virginia Tech attack. If he had the sense to write “someone” rather than “I,”  avoided “when” to make it clear this was a hypothetical, the situation would probably have not arisen. Then, I wrote,

  “…Rutgers would only be risking outraged parents demanding to know why a prestigious school thinks it’s responsible to have their students going into debt to pay for courses like the one Allred teaches.”

After he had to leave Rutgers, Montclair State hired him to teach the same course on “the music and career of Beyoncé Giselle Knowles Carter.”

I know, I know.

Now Allred is in hot water again, this time for tweeting,

“Trump is a fucking joke. This is all a sham. I wish someone would just shoot him outright.” 

He then retweeted the image of Kathy Griffin holding a model of the  President’s severed head. Continue reading →

Morning Ethics Warm-Up: 8/2/17

/ Jack Marshall / 156 Comments

Gooooood morning!

(I don’t know about you, but it’s always a good morning for me when the Boston Red Sox win the most exciting game of the baseball season so far with a three-run homer in the bottom of the ninth after what should have been the last out reached first because  a swinging strike three went through the catcher for a passed ball….)

1. Yesterday, the gang at HLN were laughing and guffawing over the fact that someone sent e-mails purporting to be from Anthony Scaramucci to various White House officials and fooled the recipients into responding. Such publicity is what hoaxers dream about. This is why we have despicable fake news sites like “The News Nerd” and others. This is why Facebook feels it needs a special task force to search out and destroy false representations. CNN and other news media also treated the e-mails as significant news—more newsworthy, for example, than the Pakistani crooks the Democratic party had handling sensitive e-mails and other data. Why is this news, other than the fact that the “bad guys” were fooled, in the warped perspective of “resistance” journalists? More to the point, why is it funny? Why is the news media encouraging hoaxes by rewarding them with the notoriety they crave, so they can puff up their little pigeon chests and say, “See? I matter!”

The reports attempted to bootstrap the story by explaining that fake e-mails are how cyber-predators can get access to e-mail accounts. Those phishing episodes, however, involve the credulous recipients clicking on links in the message, which did not occur here. That’s what Hillary Clinton and John Podesta did. I don’t recall HLN chortling about that, however.

2. I’m still waiting for the news media’s apology to Sarah Palin. The news from UK socialized medicine today:

“Obese people will be routinely refused operations across the NHS, health service bosses have warned, after one authority said it would limit procedures on an unprecedented scale.Hospital leaders in North Yorkshire said that patients with a body mass index (BMI) of 30 or above – as well as smokers – will be barred from most surgery for up to a year amid increasingly desperate measures to plug a funding black hole. The restrictions will apply to standard hip and knee operations. The decision, described by the Royal College of Surgeons as the “most severe the modern NHS has ever seen”, led to warnings that other trusts will soon be forced to follow suit and rationing will become the norm if the current funding crisis continues.”

Continue reading →

Lying To Us To Make Us Feel Better: Those Fake Crosswalk Buttons

/ Jack Marshall / 75 Comments

In the classic science fiction story “The Marching Morons”  by American writer Cyril M. Kornbluth,  the world hundreds of years in the future is a reverse-eugenics nightmare. Between centuries of intelligent people not having children (perhaps to address climate change?) and excessive breeding by fools and dolts, the typical member of the public has an IQ of around 45, while an elite few who have IQs of 100 or more work around the clock to save the world, and the morons, from chaos. One of their tricks is to manufacture cars that make lots of noise and create the illusion of high speeds to fool the morons, who are (as we all know) wretched drivers. In truth, the cars crawl along more slowly than tricycles.

I thought of this when reader and frequent commentator here Charles Green noted in his excellent newsletter that those buttons at pedestrian crosswalks in major cities are an intentional fraud on the public, a placebo to keep us calm and feeling in control when we are not. Charles link was to my old hometown paper, the Boston Globe, but it’s behind a paywall. Never mind, though: newspapers have periodically been noting this phenomenon for years. They apparently think it is amusing. It isn’t.

The New York Times reported in 2004 that the city deactivated most of the pedestrian buttons long ago with the advent of computer-controlled traffic signals.  Today there are 120 working signals; about 500 were removed during major construction projects. But it was estimated that it would cost $1 million to dismantle the rest of non-functioning mechanisms, over a thousand of them, so city officials decided to keep them in place. And people keep pushing them. After all, sometimes, by sheer luck, the light changes soon after the button has been pushed. It works!

Tribal rains dances “work” the same way.

ABC News reported in 2010 that it found only one functioning crosswalk button in a survey of signals in Austin, Texas.; Gainesville, Florida, and Syracuse, New York. Other studies have turned up similar results in dozens of other cities. To be clear, presenting a button to pedestrians that is represented as a legitimate tool to cross the street when in fact it does nothing is a lie. It is an intentional falsehood, designed to deceive. Continue reading →

File This In The Niggardly Principles Files: The Family That Helped Build Portland’s Public School System Is Condemned To Oblivion Because The Schools Are Afraid To Teach

/ Jack Marshall / 19 Comments

I really hate this story, and all stories like it. I hope you do too.

In a perfect and perfectly disgraceful breach of the First Niggardly Principle, the Centennial School District in southeast Portland will be excising “Lynch” from three schools before the beginning of this school year: Lynch Meadows, Lynch Wood, and Lynch View elementary schools. The schools were named to honor the family that originally  donated land for the the  schools to be built upon over a century ago. What, however, is the obligation to appreciate and honor those who selflessly seek to assist public education, compared to the need to cater to those whose education was inadequate? Nothing, apparently.   Superintendent Paul Coakley explains that “many newer families coming into the district associate the name with America’s violent racial history.”

Well, that should settle it, then! Why burden these narrow-minded and easily-triggered products of the victim culture with facts, knowledge and perspective?

More from Coakley: “There were an increasing amount of questions and some complaints from families of color around the name…there is no connection between the Lynch family and the practice associated with the term” but the name has still “been a disruption for some students.”

Here’s a creative alternative solution: educate them. How about that? Is that too challenging for the students? For Portland’s schools? From Wordorigins.com: Continue reading →

Ethics Hero: The Chicago Cubs Organization

/ Jack Marshall / 11 Comments

This was a wonderful gesture of kindness and reconciliation. It won’t mean much to those who don’t follow baseball, and that is Reason #478,653,222 why it’s a mistake not to follow baseball.

I’ve written about the Steve Bartman fiasco several times.  I am not in the “Steve Bartman was an innocent victim of circumstance” camp, though he was a victim of moral luck. He was an  incompetent baseball fan, not paying sufficient attention to the game and interfering with it as a direct result. On the other hand, for members of the 2003 Cubs to use him as a scapegoat for their blowing a lead,  the game, and the play-offs, and for Chicago fans to hound him out of town and into hiding, was far worse than his negligence, the most disproportionate and vindictive treatment of a fan in sports history.

Here was my summary of the saga to date before the Cubs finally won the World Series after more than a century of failure:

Bartman, for those of you who have lived in a bank vault since 2003, was the hapless young Chicago Cubs fan who unintentionally interfered with a foul ball that might have been catchable by Cubs outfielder Moises Alou in the decisive game of 2003 National League Championship Series. In a perfect display of the dangers of moral luck, Bartman’s mistake—it didn’t help that he was wearing earphones and watching the ball rather than the action on the field—began a chain of random events  that constituted a complete collapse by Chicago in that very same half-inning, sending the Miami Marlins and not the Cubs, who had seemed comfortably ahead, to the Series. Bartman, who issued a sincere and pitiful apology, was widely vilified and literally run out of town. He then became part of Cubs and baseball lore, one more chapter in the sad saga has been called “the Billy Goat Curse,” the uncanny inability of this team to win it all.

Yesterday the Cubs announced that the team had privately awarded Bartman  an official Chicago Cubs 2016 World Series Championship ring as a special gift from the the Cubs organization. These things contain 214 diamonds at 5.5 karats, three karats of genuine red rubies and 2.5 karats of genuine sapphires, and are worth about $70,000. Even so,  the symbolism is worth far more.

Tom Ricketts, the Cubs owner, issued a statement: Continue reading →

Morning Ethics Warm-Up: 8/1/17

/ Jack Marshall / 49 Comments

 

Good Morning, World!

1. Follow-Up on the 7/28 morning post: Sometimes a popular public figure’s words and conduct so obviously show a deficit of character that I wonder if those who admire him or her are not paying attention, or are creeps themselves. “Harry Potter” author J.K. Rowling is officially in this category. First, I do not care for foreigners who obsessively bash our leaders, however bashable. They don’t have standing, in most cases, and their opinions are by definition uninformed if they don’t live here. Most obnoxious of all, however, in Rowling’s case, was her indefensible conduct regarding her recent infamous fake news tweet that circulated to her mob of followers a deceptively edited video showing President Trump cruelly ignoring a boy in a wheelchair, when he in fact stopped, crouched, and spoke to the child. She did this (“When someone shows you who they are, believe them.’ – Maya Angelou” was the snotty accompanying comment) on July 28, and the same day it was widely debunked, with the actual video being circulated on the web. No response came from Rowling, even as her tweet and libel continued to be liked and retweeted by “the resistance.”

On July 30, even CNN’s Brian Stelter, with extra time on his hands because his alleged news media ethics show avoids criticizing bias in the news media, flagged the bad tweet, and asked why Rowling hadn’t retracted it. Come on, Brian, you know why! It is for the same reason CNN continues to use unethical journalism to attack the President: they don’t believe he’s worthy of fairness or honesty.

Finally,  after various conservatives dredged up this year-old tweet from Rowling to show her hypocrisy and shame her with her own chosen words…

…and after left-wing, fellow Brit Trump-basher Piers Morgan expressed frustration with her, and after PunditFact, a spin-off of PolitiFact, rated Rowling’s claim “Pants on Fire,” and after the boy’s mother herself denied that Rowling’s version occurred, the author finally retracted the tweet and took it down. She also tweeted this unethical apology:

Re: my tweets about the small boy in a wheelchair whose proferred hand the president appeared to ignore in press footage, multiple sources have informed me that that was not a full or accurate representation of their interaction. I very clearly projected my own sensitivities around the issue of disabled people being overlooked or ignored onto the images I saw and if that caused any distress to that boy or his family, I apologise unreservedly. These tweets will remain, but I will delete the previous ones on the subject.

This is a miserable apology, containing the stinking tell of the non-apology apology, “if anyone was offended” in this case the equivalent “if that caused any distress.”  The two people she non-apologizes to had no reason to be “distressed,’ since the tweet wasn’t an attack on them. This is not an apology at all, since it does not apologize ..

…to the person fraudulently attacked, President Trump, as well as his family and supporters

…to those deceived by her retweeted lie, and

…to the people who trusted her and became accessories in the false attack

…for taking four days to take down a lie that had been thoroughly exposes as one.

On the Ethics Alarms Apology Scale, it is a bottom of the barrel #10:

An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.

This rot is actually worse than a #10, as Rowling dares to ladle soppy virtue-signalling onto it. She only falsely attacked the President of the United States and spread a lie around the world because she is so, so sensitive and concerned about the treatment of handicapped people! Don’t you understand? It’s because she’s so compassionate and good that this happened!

It is my experience that good people can usually manage a sincere and remorseful apology to those harmed by their words or conduct.

2. This unethical lawsuit could sustain a stand-alone post, but I refuse to devote one to it as a matter of principle. Continue reading →