Year: 2018

Instagram Busts A Lawyer’s Lie

/ Jack Marshall / 5 Comments

New York-based lawyer Lina Franco had missed a November 23, 2016 filing deadline for a motion for class certification in a wage-and-hour law suit. Missing deadlines is a lawyer n0-no, and can get you sanctioned, sued, fired, or worse.  Luckily, Franco had an excuse, or so she thought.  She filed for an extension 16 days past the deadline, claiming that she had been forced to leave the country for the family emergency. She even submitted a flight itinerary showing she had flown from New York City to Mexico City on Thursday, November 21, and had remained there until December 8.

Let’s call this particular social media gaffe Ferris Bueller’s Mistake.  For Instagram photos from Franco’s public account indicated that she was in New York City and later Miami during that period. You know, like when Ferris turned up on TV at a ball game when he was supposedly sick in bed? Like that.  There was another teeny problem: November 21, 2016 was a Monday, not a Thursday, as the judge sanctioning Franco $10,000 pointed out in his ruling.

Franco now admits that she had gone to Mexico City earlier in November than she said, but that her mother’s medical diagnosis sent her “into a tailspin” causing her to miss the deadline and to submit the  false itinerary.

Now watch Instagram posts show up from Franco’s mother, with photos of her winning a seniors kickboxing tournament. Continue reading →

Ethics Dunces: Jeremy Lam And The Cultural Appropriation Police

/ Jack Marshall / 114 Comments

Utah high school student Keziah Daum posted a picture of herself looking lovely in a prom dress, and thanks to the warped values and cracked ethics of a young social justice warrior tweeter named Jeremy Lam, was set upon by the social media Furies.

Here is the tweet:

The tweet received 179 THOUSAND likes, and was retweeted 60 thousand times. Yes, a young woman going to her high school prom was condemned by all those strangers for liking and wearing an Asian-themed dress.

I don’t know what broken-chromosome mutation of progressive thought creates Americans like Jeremy—who is living in our culture, which is an amalgam of all cultures, but better—but the fact that he could attract such support with his divisive, segregated version of what our society should be is one more sign that the hard-Left is getting more anti-American by the hour. David French nicely puts this episode in perspective:

“Just so we’re clear, the radical progressive position is (1) America’s borders should be flung wide open to people from every culture in the world; (2) when American white people encounter people from those hundreds of different cultures, they need to stay in their lane; and (3) white people staying as white as possible will help our nation totally unify and diversity will be our strength.”

That’s about right. Kaziah Daum is the victim of racism here. Reasonably for someone unfairly thrust into the culture wars without justification or warning, she responded that she wasn’t trying to upset anyone; she just thought it was a pretty dress. The rest of  us, French suggests, need to be more assertive: Continue reading →

Morning Ethics Warm-Up, 5/2/18: Dictators, Wizards, Liars and Abusers [Updated]

/ Jack Marshall / 44 Comments

Good morning!

1 Housekeeping matters. For some reason, I know not what, there was an outbreak of contentious discussion regarding Ethics Alarms administration in a couple of threads yesterday. I think everything covered or complained about is covered in the Comment Policies above, but just for the record:

  • I handle the moderation here. Only me.
  • Though it might appear otherwise to some, I do not spend my day glued to Ethics Alarms. Thus on days like yesterday, when I had an early morning CLE session to teach in D.C., followed by one  law firm client emergency after another, I did not see any comments at all from 1am to 6 pm. Thus the hysterical and indignant “Why did you delete my comment?” outbursts and the “How dare you allow that rude comment to stay on the site?” and the ultimata springing therefrom were especially silly, unfair, and ill-informed.
  • I am not your Moderation Monkey. Don’t command me on how to police my own site. Thank you.
  • As I have written many times, occasionally a comment from an approved participant gets spammed for no good reason. Sometimes WordPress, for no apparent provocation, starts spamming the comments of visitors here who have been commenting for years. Sometimes such commenters have had to change their screen names as a result. None of this has anything to do with me: I can’t control it, or predict it. The calm, reasonable commenters faced with this crisis generally e-mail me, then I search the spam archives, find the lost post, send it to moderation, and approve it.
  • I do not delete posts from approved commenters. The exception is when I ban a commenter permanently, or give one a time out, which is a temporary ban or suspension, in which case the commenter is always warned in advance.
  • I expect discourse here to be civil, but will excuse momentary and periodic lapses and outbursts from veteran commenters (and me, of course), in direct proportion to their time here, level of participation and constructive value to the mission. Individual quirks will also be taken into consideration.

2. Remembering the David Manning Liar of the Month: A commenter who hails from the old Ethics Scoreboard days recently referenced the feature there called the David Manning Liar of the Month. A David Manning-style lie is a statement that the speaker or writer can’t possibly expect anyone to  believe, thus raising the question of whether it is a lie at all. (Sony spawned the award by excusing its use of a fake film reviewer it named David Manning to rave about terrible movies in ads,  claiming that nobody believed such excerpts anyway.) If Ethics Alarms had the same feature, President Trump would obviously dominate it, as I was reminded this morning. The President’s ex-physician, Dr. Harold Bornstein. bitter over his ejection from the Trump Court, revealed that Trump himself had dictated the absurd letter in which the doctor attested, Continue reading →

Regarding Hormone Restrictions In Women’s Sports.

/ Jack Marshall / 24 Comments

Here we go again.

Since the infamous Soviet Press sisters dominated their events in Sixties Era Olympic games, both looking like Hulk Hogan in a dress, and the female East German swimmers won medal after medal while sporting shoulders that would make an NFL draftee feel proud, the issue of hormone levels in female competitors has been contentious.  The confounding complications of intersex and transitioning competitors has only made the mud muddier. What’s the right thing to do?

Last week, track and field’s world governing body passed new rules limiting  women’s events to athletes with  testosterone levels that are “capable of being produced solely by ovaries.” These rules apply across the board to athletes regardless of what gender they were presumed to be at birth. These new rules could force female athletes with naturally elevated testosterone levels to have to lower their hormones with medication or have to compete against men in certain Olympic events.

Initially the limitations will be enforced in middle distance races of 400 meters to one mile, events requiring the kind of speed, power and endurance that testosterone assists.  I assume that if this compromise, for a compromise it is, gains acceptance, then the substitution of hormone levels for biological sex will travel to other realms of sport, as it should.

Duke law professor Doriane Lambelet Coleman makes a strong argument for the new rules in a column today in the New York Times. She writes in part,

“In competitive sport, winning and room at the top are what ultimately matter, so relative numbers are irrelevant. It doesn’t matter that there are 100 females and three males in a girls’ race if the three males win spots in the final or on the podium because they are males. The unusually high incidence of intersex athletes in the women’s middle distances and their reported 100 percent win share in the women’s 800 meters at the Olympic Games in Rio show their disproportionate power. Indeed, it is because they clustered in the middle distances that these events are the initial focus of the rules. Their supremacy was proof of principle. Testosterone readings outside of the female range were also found in the throws, but these were attributed to doping, not intersex conditions.

The I.A.A.F. is requiring that affected athletes lower their testosterone levels to within the female range if they want to continue competing in the middle distances in the women’s category. By definition, the required hormone therapy causes medically unnecessary physiological change, and no one should be forced to take drugs they don’t want or need.”

Taking the opposite position, Alice Dreger, the author of “Galileo’s Middle Finger: Heretics, Activists and One Scholar’s Search for Justice,” argues that the new rules are discriminatory and cruel: Continue reading →

Mid-Day Ethics Warm-Up, May 1, 2018: Generally Disgusted

/ Jack Marshall / 92 Comments

Good day to all, I guess.

Me, I feel like quitting.

1.  Basic ethics blindness regarding the White House Correspondents Dinner. The ethically obtuse responses I am reading in columns and blogs regarding the self-defining journalism ethics event–you know, as in none—doesn’t bother me too much. I assume these people have the ethics of jackals. The similar responses I am reading here from intelligent readers who have been supposedly paying attention, however, discourage me greatly. Really: why bother writing a couple thousand words a day about ethics when  your readers react to a high profile, unequivocal act of disrespect and rudeness by resorting to “I don’t like the guy, so I’m glad,” “he started it!” and “they had it coming”?

Or, my personal favorite, “this one insult everyone is talking about isn’t one if you spin it hard enough, so the other 30 insults don’t matter”?

There is no ethical defense whatsoever for inviting individuals to a formal dinner and intentionally making them feel like they are being singled out for abuse. Ever. Period. No exceptions. This is so obvious and uncontroversial that it prompt debate in a civilized society.  That anyone is trying to defend the association, and its hired gun, Ms. Wolf, simply validates my two years-and-running correct prediction that electing Trump as President will turn this into a nation of assholes, though I was expecting those transformed to be primarily young, shallow and easily influenced. I did not expect so many professionals to re-enact the donkey-scene in “Pinocchio.”

And yes, as far as I’m concerned, Wolf, with the journalists’ consent, insulted the President of the United States and his daughter to their virtual faces. It is just moral luck that Trump did not attend, and there is no reason to believe that Wolf changed her act one iota because he wasn’t there. She was prepared to call the President of the United States a pussy, a monster and a Nazi to his face, with him a captive audience member. The ethics-free, rationalized justification I am reading on this blog is , “Yeah, well he made fun of a disabled man in 2016!”  Wow. I really am wasting my time, I guess. How else can I interpret that?

Off the blog, some other ethically dim justifications have surfaced, like today’s New York Times column absolving Wolf from all responsibility because she performed the same kind of anti-Trump material that she always did. Funny, nobody gave Don Imus, the briefly ascendant shock-jock, that easy out when he embarrassed President Bill Clinton by calling him a “weasel,” among his less offensive terms, when he entertained the same group. Hey, protested the I-Man, I call Clinton a lying weasel every day on my show, why would anyone expect me to do any differently at the dinner? Why? Because professional entertainers have calibrated the appropriate content of their performances to their audiences’ tastes and sensitivities forever, that is why, and professionals are expected to be professional, which includes responsible. Go ahead, look me in the eye and tell me that Wolf would have made equally denigrating jokes if Obama was the President. Jokes about his flirtation with being gay. Jokes about eating dog. Jokes about him being a weenie with Putin and the “red line.” Jokes about the most “transparent” administration ever. Jokes about Joe Biden feeling up women during photo ops. About the IRS. About “you can keep your plan.”  No, the association always assumes that its entertainers would keep their material appropriate to the venue and the event. The argument being used to excuse Wolf would be like excusing infamous “blue” material comics like Buddy Hackett, Redd Foxx and David Brenner if they made dick jokes on “The Ed Sullivan Show.” No, they toned down their material, out of respect for the audience. Respect. What a concept. And this was an audience of middle class Americans, not the President of the United States.

Of course, Wolf easily could have assumed that she was expected to be uncivil, cruel and offensive, since she knew that her hosts, like her and her fellow professional Trump-bashers, constituted the “resistance’s” Agents of Presidential Destruction. That doesn’t relieve her of ethical responsibilities, though. The association was irresponsible to hire someone with her proclivities, and she is accountable for her own disgusting, divisive conduct. Continue reading →

The Paid Expert Witness Problem [UPDATED And CORRECTED]

/ Jack Marshall / 22 Comments

“Check enclosed…”

When a lawyer’s expert witness testifies in a trial, the opposing counsel will always ask, “You’re being paid for your appearance today, isn’t the true?” The one time I was asked that question, I answered, “I’m being paid for my time, not my opinion.” Of course, many experts—yes, even ethics experts—are accepting payment for their opinion. The case of a Houston lawyer’s recent conduct, however, is the worst example of this reality crossing the ethics lines, hard.

Lawyer Mark Lanier had presented father-and-son orthopedic surgeons to the court and the jury as unpaid experts, emphasizing that they were testifying pro bono while the defendants’ experts had been bought. Naturally, this made them seem more credible to the jury. After the trial, however, and after the jury had awarded Lanier’s client  a handsome verdict and damages of $151 million, it was discovered that Lanier made a $10,000 charitable donation to the father’s favorite charity before trial, and sent “thank-you” checks totaling $65,000 to the surgeons after the trial, accompanied by notes of gratitude.

But they weren’t being paid for their testimony—at least, not when they were asked about it. Continue reading →

Morning Ethics Warm-Up, 4/30/18: Going Out Like A Lamb

/ Jack Marshall / 124 Comments

Good Morning!

It’s especially good because this is the last day of one of the worst Ethics Alarms months ever, with the lowest daily average of views for an April since 2013. I have no idea why, and I wouldn’t change anything anyway. I have my dark suspicions, though….

1 Pig brain ethics. Researchers at Yale University restored circulation to the brains of decapitated pigs, and kept the organs alive for several hours.  Now ethicists are wondering if this was ethical.

Hmmmm:

  • I’m going to go out on a limb here and guess that if you asked the pig, he’d say that cutting his head off was more unethical than keeping his brain alive afterwards.
  • Like a lot of bioethics controversies, this is more “ick” than ethics.
  • Go on, make a “Futurama” joke.

2. Human brain ethics. Is we getting dumber? This Facebook quiz claims that “nobody” can get even 5 of these 10 questions right, and that if you get all ten right, you’re a genius. I hope that isn’t true. I would say that anyone who can’t get at least 8 of the 10 right is either under 15 or cognitively damaged. I really want to know what the average score is. If most Americans really can’t answer these, then we need to dismantle the public school system and start from scratch. And any teacher who can’t answer at least nine of the ten questions should be fired. Continue reading →

Comment Of The Day: Morning Ethics Warm-Up, 4/28/18: “Ingratitude, Dishonesty, Hypocrisy, Speech Suppression And Character Assassination…Is This A Great Country, Or What?” [Item #1]

/ Jack Marshall / 3 Comments

Just so you know that I’m not the only one who believes that the Boston Red Sox stripping the late Tom Yawkey of the honor of having one of the streets bordering Fenway Park named after him is disgusting virtue-signaling and ingratitude at their worst, here is commenter and Boston area native Rick M. to prove otherwise. Shaming the name and memory of Yawkey this way is the exact Red Sox equivalent of tearing down the Jefferson Monument in Washington, D.C.,  for the Boston Red Sox in their current form would not exist without the vision, dedication and sacrifice of its owner from the 30s to the 70s.

Incidentally, as I watched a ball bounce off the hand-operated scoreboard on the Green Monster yesterday, I noticed that the Morse code dots and dashes spelling out Tom and Jean Yawkey’s initials on the white stripes separating the columns of American League scores are still there.  The team says there are no plans to remove this acknowledgement of the Yawkey debt to the city and the sport.

Isn’t that nice? The Red Sox will continue to honor him, but in code.  (In related news, the D.C. government has petitioned Congress to have the statue of Jefferson be required to wear Groucho glasses.)

The team  also says that it supports the work of the Yawkey Foundation, established at the same time that Jersey Street was renamed Yawkey Way. The Foundation which has given over $450 million to nonprofit organizations serving the needy of New England and Georgetown County, South Carolina, and is, understandably, ticked off.  The Foundation has published a fascinating rebuttal of the narrative that Tom Yawkee was a committed racist. I will include it after the COTD.

Here is Rick M.’s Comment of the Day on the post, Morning Ethics Warm-Up, 4/28/18: Ingratitude, Dishonesty, Hypocrisy, Speech Suppression And Character Assassination…Is This A Great Country, Or What?:

 

Don’t get me started….don’t get me started….OK – you got me started.

Where to start with such an SJW target-rich environment? How about Mr. Ugly Straw Hat himself – John Henry. Patient zero in this current social fad. Henry’s first big gig as a financial wizard was with Reynolds Securities. This company was founded by Richard Reynolds and his great-uncle and much family fortune originated with Reynolds Tobacco and Abraham Reynolds and Rock Spring Plantation. Yes, boys and girls, a slave foundation. Maybe Henry can also remove the number four at Fenway Park? The retired number of Joe Cronin who was part of the infamous tryout in 1945. And, JH, go after Ty Cobb, Cap Anson and a name change for Nig Cuppy. Continue reading →

Stelter, Wolf, And The Mainstream News Media Unmasked

/ Jack Marshall / 91 Comments

NBC says that many journalists at the White House Correspondents Dinner were embarrassed and angry about her ugly attacks on the President, his family, and his staff, as you can plainly see from the reaction of the guests to the comic after her performance….

Observations on an ethics fiasco:

1.  I can’t decide if I regret not writing about Brian Stelter’s self-rebutting, smoking gun screed  excoriating the President for not attending the annual White House Correspondents Dinner before the dinner took place, as was my original intention. It looks even more ridiculous after the dinner, which, as even a fool could have predicted, was a festival of Trump-hate. One reason I didn’t write it earlier was that I had written essentially the same post earlier this month,  after two Washington Post writers criticized the President for not throwing out the ceremonial first pitch when the Washington Nationals opened their season. I wrote in part,

Boy, you can’t get much more intellectually dishonest than this. Gee, why wouldn’t the President subject himself to loud, open-air jeering from the majority of a crowd of 40,000, a demonstration of contempt that would be played over and over on CNN, MSNBC,  NBC, CBS and ABC, with mocking commentary? What a puzzlement! I have no theories, do you?… Boy, I cannot imagine why President Trump wouldn’t be eager to walk into this trap. The dishonest authors of the Post article, Randy Roberts and Johnny Smith really believe, as they claim, that this would bring the nation together. Having the President loudly hooted at a baseball game would be a healing experience. They really think that. Sure they do.

They want to see the President embarrassed, and are disappointed that he isn’t so foolish as to allow himself to be…

Well, I was wrong. You can get more intellectually dishonest, and CNN’s hack media critic, Brian Stelter, was just the man for the job.  In an essay that managed to pretend that the journalists at the event, including him, hadn’t spent three years denigrating and ridiculing Trump personally and 18 months trying spin the news to drive him out of office, he wrote in part,

Presidents don’t always want to show up and tell jokes and socialize with the press corps, but until now it’s been a part of the job in the modern media age.

“Historically presidents have felt that it’s important to send the signals, both to Americans and to the rest of the world, that they support this sort of quintessential part of American democracy, the First Amendment,” correspondents association president Margaret Talev said on CNN Saturday morning.

Trump evidently believes it’s politically advantageous to snub the affair and hold a rally instead. “Big crowd tonight, will be live on T.V.,” he tweeted on Saturday morning.

Well, he certainly doesn’t believe it’s politically advantageous to walk into an event where he has a target on his back, and have to sit quietly with a forced smile while everyone laughs as he is humiliated and insulted. Until now, it has been part of the job of journalists covering a presidency in any age to display a base level of respect for the man in the office, because he is in the office. Before Trump, journalists could be expected to treat Presidents with respect at least for a single night. Not now. Who would not assume that last night’s dinner would be a Trump-bashing orgy whether he attended or not? Is Brian Stelter unethical beyond belief, or is he just stupid? I have frequently wondered, and his article made me wonder more. The President isn’t doing his job by not allowing vicious and unethical journalists to undermine him in a public display of contempt? I am grateful to the President for avoid such an embarrassment for the office and the nation.

As for Taley, whom we will hear more of later, what self-serving crap.  The news media has disgraced itself and its mission, and neither President Trump nor any American citizen should support the way today’s journalists abuse their special status. Trump would be a hypocrite to help corrupt and biased journalists celebrate their poisoned craft, and to applaud while they pat themselves on the backs for misinforming, inflaming and dividing the American public.

2. Then came the actual dinner, and it was worse than even Trump could have imagined. Gee, Brian,  now what do you say? Were you shocked? Really? You couldn’t see this coming? Can you see now that the President was wise—not that it took any great feat of analysis, though it was obviously beyond your meager intellect— not to force Americans like me—you know, those who respect the office and still are stirred when they hear “Hail to the Chief” no matter who the Chief is—to see the office denigrated and insulted while arrogant, entitled, ink-stained wretches guffawed? He had a duty not to attend. Do you understand now?

3. As I noted in yesterday’s warm-up, the hired entertainment, deliberately recruited from the cabal of anti-Trump cable and network comedy shows, delivered as she was expected to, and was uniformly vile, even to the members of the White House staff who were the journalist’s guests. The representative Ethics Dunce for the fiasco was Bloomberg correspondent and president of the association Margaret Talev, who dropped one astoundingly disingenuous statement after another to rationalize it.

“My goal in putting together last night’s dinner was to unify the room and the country around journalism and the First Amendment, and I shared what I believe about those subjects in my own remarks,” she said at one point. Yeah, having the President of the United States called a pussy, a Nazi, a racist, a misogynist,  xenophobic,  unstable, incompetent and impotent is obviously the way to do that. After Michelle Wolf’s ugly act was widely panned, Talev said,

“The association, by tradition, does not preview or censor the entertainer’s remarks. Some of them made me uncomfortable and did not embody the spirit of the night. And that is protected by the First Amendment. I appreciated Sarah Sanders for joining us at the head table and her grace through the program.”

Ugh: Continue reading →

Morning Ethics Warm-Up, 4/29/18: White House Correspondents Dinner Edition (And Other Things…)

/ Jack Marshall / 62 Comments

 

Good Morning!

1 The RedState purge.  Salem Media, the conservative website RedState’s owner, froze the site and fired many of its most read and respected writers, all of whom were distinguished by one other common feature: they are all NeverTrumpers, conservatives who revile the current POTUS almost as vehemently as the Left’s mainstream media.

I view this decision as a declaration of war of sorts, or perhaps an assertion that a war is already going on. The Democrats, progressives, the news media and “the resistance” have been trying to unseat the President of the United States by “any means necessary,” a strategy that not only every conservative but every responsible citizen ought to oppose as the dangerous and undemocratic strategy it is. The dilemma is that NeverTrumpers’ anti-Trump bias not only makes them less than effective in opposing this unethical plot, it arguably makes them accessories to it.

Salem’s action is depressing but significant. It is one more indication that the news media, new and old, is dividing down rigid ideological lines while embracing political agendas rather than ethical journalism’s traditional mission. There is a place for fighting “the resistance,” but objective journalism shouldn’t have to censor dissent to play its part. Its part is to report the truth. Actions, however, have equal and opposite reactions, and as the media on the Left, which is to say most of the media, openly and  unapologetically indulges its Trump Hate, confident that its market will approve (thus making the abandonment of fairness and responsibility profitable), the polarization of whatever news media remains becomes inevitable.

This is not good for journalism, punditry, the nation or democracy, but I don’t know what can halt it now.

2. Terrible…but kind of funny, you have to admit. More than half the paintings owned by a small art museum in Elne, France, 82 of its 140 works, are fakes.  “It’s a catastrophe,”  said Yves Barniol, the mayor of Elne, near the Spanish border. Ya think? Over $170,000 was paid out by the museum for the phony artworks—not a lot by art museum standards, but when most of your collection are forgeries, there’s an open question why anyone would trust such a museum again.

Dishonesty and incompetence are a destructive combination. Continue reading →