Monthly Archives: October 2018

Morning Ethics Warm-Up, 10/17/18: Travel Hell Edition

Good Morning from Virginia Beach, VA…

…where I am giving a legal ethics seminar to a law firm this morning!

1. Count the ethics issues in Travel Hell…This story is true, and I’m not changing any names, because nobody is innocent.

Last night I had to drive to Virginia Beach after another seminar in D.C., and after yet another road trip on family business. It turned out to be a three and a half hour drive in a pouring rain. Arriving at 2:20 am at the Virginia Beach Westin, where I was supposed to have a room, I was immediately informed by the graveyard shift desk clerk that we could not stay there…because the previous occupants of the room reserved for us (my wife and business partner also made the trip) had “left fecal matter” all over the room, creating a HAZMAT situation. Not to worry, though! The beachfront Hilton would put us up, at the Westin’s expense!

Since I wasn’t paying for the room, this was small consolation.

Of course, we had unloaded the car, and the Hilton was 20 minutes away, and the desk clerk had neither an address nor a phone number, which I pointed out to her was essential. (The point of staying at the Westin was that it was convenient to the location of the law firm.) So we loaded up the car and set out to the new destination, arriving just before 3 am. There, the Hilton desk clerk told us that the hotel had just begun an audit, and we could not be put in a room for at least 20 minutes. I was literally afraid to tell my wife this, as she was in the car alternately fuming and wincing in pain because the endless trip had revived her sciatica.

I was not nice to the Hilton desk clerk, who swore that she told the Westin about the problem, and that they should have told us. I said that I didn’t care whose fault it was, they were now responsible for two weary travelers, and that it was her responsibility to fix the problem. She found a very nice man who got a big tip from me for taking charge of our vehicle and taking our stuff up to our room when the “audit” was over.

Once in the room, we discovered that two of the lamps didn’t work, the desk lamp was missing, and the clock was blinking. I told the clerk to send someone up and have the room in the shape I expect hotel rooms to be in before I walk in the door—including having the clock set and functioning.

On the plus side, no fecal matter was in evidence….

2. Why people hate lawyers…Branson Duck Vehicles and Ripley Entertainment are facing multiple lawsuits in the horrific duck boat accident that killed 17 people in Missouri , including nine members of a single family. In court papers filed this week, the companies’ lawyer cited an 1851 maritime law to limit or eliminate liability for the July tragedy.

In a filing in federal court in Missouri, the defendants denied negligence in the sinking of the boat, and argues that if a court does find negligence, they have no liability because, under that law, “the Vessel was a total loss and has no current value. No freight was pending on the Vessel.”

The reaction was predictable. Human beings have no value? This was a Hail Mary defense tactic to be sure, but if that’s the clients’ best option, it is the lawyers’ duty to argue it, IF they first inform their clients that it is a likely public relations disaster that as a cure could be worse than the disease, and seems unlikely to do anything but inflame a jury.

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Mid-Day Ethics Warm-Up, 10/16/18: The Jerk Squad

Good whatever it is by the time I post this; big time computer problems, and every keystroke may be my last..

1. Baseball Ethics, Jerk Divison. Should baseball reward or punish its jerks? Last night in the Brewers-Dodgers NLCS game, LA’s jerks were out in force. Free-agent slugger to be Manny Machado was penalized for one dirty slide, much like the one that helped put Red Sox second-baseman Dustin Pedroia on the sidelines for the entire 2018 season,  a night after loafing to first base. Are teams really going to break the bank to try sign this guy? Then, in the ninth inning, Dodger mega-jerk Yasiel Puig mocked the Brewers closer for not throwing him a strike. Said MLB analyst Harold Reynolds, “I would have hit him with the next pitch. You can’t let an opposing player disrespect you like that.” Old school nonsense  or cultural enforcement?

Driving home from this morning’s ethics seminar, I heard two commentators on the Sirius-XM baseball channel talking about Houston Astros star Alex Bregman’s sending out a derisive social media message about Boston Red Sox pitcher Nathan Eovaldi in advance of tonight’s play-off game. They agreed that it was “good for the game” and appealed to kids for the athletes to show “personality” and “edge.”

This is “A Nation of Assholes.”  Being a jerk isn’t showing “personality.” It’s just being a jerk. No part of the culture should be extolling “edge.”

2. When in a hole, stop digging. If all goes well, Elizabeth Warren’s triumphant discovery that she is 99.9% white and therefore was justified in representing herself as a “person of color” for institutional diversity purposes will sink her career aspirations as deep as they deserve to be sunk. The fact that so much of the mainstream media is willing to have their credibility brought down with her is indicative of how stupid bias will make people. The Daily Beast, for example, writes in a headline, “Warren revealed results show Native American heritage Monday.”

Keep it up, guys. Pretty soon the jig will be up for identify politics, since  if 1/1,024th Native American means “Native American heritage,” then everyone is “of color” somehow. In that case, perhaps we’ll owe Warren a debt of gratitude. As for the news media, I am pretty sure all but the most reality-resistant progressive warriors recognize how absurd it is to call a distant, distant outlying contributor to the family gene pool sufficient to bestow “Native American ancestry,” especially when Native Americans themselves cry “hogwash.” Why are journalists so eager to rationalize Warren’s transparent distortion of fairness, science and logic? What could make them behave like that? Why should we trust people who take such manifestly ridiculous positions? Why should we respect a profession that treats us like idiots?

The news media appears to think they can keep getting further and further away from the boundaries of legitimate reportage and commentary without a critical mass of people asking these questions. Continue reading

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Filed under "bias makes you stupid", Arts & Entertainment, Character, Ethics Alarms Award Nominee, Government & Politics, Journalism & Media, Law & Law Enforcement, Race, U.S. Society

No, President Trump Did Not Promise To Pay A Million Dollars To A Charity If Elizabeth Warren Took A DNA Test!

…and Warren, a lawyer, either knows he didn’t and is saying so anyway, or is saying so without checking what he actually said, which, for a lawyer allegedly trying to enforce a contract, is both incompetent and dishonest.

And once again, the complicit mainstream media is deceiving the public to assist a Democrat’s misrepresentation. Nice.

Nah, there’s no mainstream media bias.

In a series of tweets on Monday, Warren called on Trump to pay the $1 million to charity. Trump replied to a reporter, “I didn’t say that; you better read that again.”

Says the Hill, in an article by Jordan Fabian, “Trump denies offering $1 million for Warren DNA test, even though he did.” In fact, he didn’t. This Time, Trump is telling the truth. The Hill, using the news media’s favorite trick of late, pulls only part of the relevant quote: “I will give you a million dollars, to your favorite charity, paid for by Trump, if you take the test and it shows you’re an Indian,I have a feeling she will say ‘no.’ ”

That wasn’t the whole statement. Bless law professor Ann Althouse: I was going to go through the analysis, and I really don’t have time. She’s retired now, has the time, and is a better contact lawyer than I’ll ever be. Here was her absolutely correct explanation: Continue reading

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Filed under "bias makes you stupid", Character, Ethics Alarms Award Nominee, Ethics Dunces, Government & Politics, Journalism & Media, Law & Law Enforcement

A Sudden Impulse Poll On Cultural Literacy

I am increasingly depressed by the widespread cultural illiteracy of the public, and not just the younger generations. I do believe it is an ethics issue, because, as Prof Hersch wrote decades ago, a lack of historical and cultural perspective makes competent citizenship, critical thinking and effective participation in society difficult if not impossible. It is a life skill that we all are ethically obligated to acquire, and that society is obligated to help us acquire for its own health and survival.

In a comment today, slickwilly wrote,

You are both mad.

“Oh, you can’t help that. We’re all mad here. I’m mad. You’re mad.”

“Why, sometimes I’ve believed as many as six impossible things before breakfast.”

It suddenly occurred to me, with horror, that a majority of the public probably can’t identify the origin of those quotes. I wonder how many Ethics Alarms readers can. Here’s a couple of surveys/poll. No cheating, now. You’re on an ethics blog.

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Comment Of The Day: “Racist Political Correctness, Casting Ethics, Double Standards, And The Rock”

Yes, this comment has little to do with ethics, but it’s so interesting as a supplement to the main post that it deserves greater circulation.

Here is Pennagain’s fascinating Comment of the Day on the weekend’s post, Racist Political Correctness, Casting Ethics, Double Standards, And The Rock:

I knew there were at least two versions of the song, “The Ballad of John Henry,” but I’ve so far found dozens more online, most of them having umpteen verses, and a work-song rhythm – the most basic of which my 7-year-old self stomped in that driving stop-rhythm around the classroom (chanting?), with that hammer-driving oomph! at the end of each line, to lyrics like “gonna die with the hammer in mah han’, Lord, Lord”.

For what it’s worth, a “real” John Henry is pretty well authenticated in at least one version of the story, ending fatally at the C&O’s Big Bend Tunnel in Talcott, West Virginia.

From KPBS’ “The African-American Railroad Experience”, built on Theodore Kornweibel’s photographic history: The entire southern railroad network built during the slavery era was built almost exclusively by slaves. Some of the railroads owned slaves, other hired or rented from slave owners [later from contracted freedmen or convict work-gangs]. And. . . women as well as men were actually involved in the hard, dangerous, brutal work. … several of the song versions finish with John Henry telling his wife to pick up the hammer and continue the job.

Negative evidence of Henry’s race would be that none of the many, many verses of the songs (recorded by 38 singers besides Ives) nor folk references – negro dialect aside (arguably stretched to “Suthun,”) – refer to that figure as being other than black. And as a black man, and a real, live “Everyman” working-man’s hero, he is proudly and fiercely claimed by South Carolina, Alabama, Virginia, Georgia, Kentucky . . . and Jamaica. Continue reading

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Morning Ethics Warm-Up, 10/15/18: Overthrowing The Government, Replacing Umpires, and Fooling Some Of The People Who Never Did Their Science And Math Assignments [UPDATED!]

Good morning…

1. Baseball Ethics: Again, Robocalls, please! Last night, Game #2 of the American League Championship Series between the 2017 World Champion Houston Astros and some team from Boston again showed why Major League Baseball must install automated ball and strike calls and automatic video review if the game is going to have any integrity at all. Regarding the latter, there was a play in which a Houston batter’s swing and miss for strike three was erroneously called a foul ball by the home plate umpire, and the replay claerly showed that the bat had missed any contact by inches. Nonetheless, the batter got another chance. He struck out (“no harm, no foul” literally) a second time, but that was just moral luck. If he had hit a home run, altering the game’s outcome, the system would have been changed with lightning speed: Ye Olde Barn Door Fallacy.

Regarding the constant missed call and strike calls that risk changing the outcome in every game, the previous game in the serious contained a classic example. In a close contest with the two runners on base and a 3-2 count, Red Sox batter Andrew Benintendi was called out on a pitch about six inches outside the strike zone. Instead of the inning continuing with the bases loaded and the AL season RBI leader, J.D. Martinez, coming to the plate, the inning was over. Listening to the ex-players like TBS color man Ron Darling babble excuses and rationalizations is almost as infuriating as the obviously wrong calls. “Well, the ball wasn’t too far off the plate” and “That pitch has been called a strike earlier tonight” and “The umpires have a difficult job”: Shut up, Ron. The strike zone is set by the rules; a ball is either a strike or it isn’t, so a call is either correct or it’s botched. Blatantly missed calls were “part of the game” in an earlier era when nothing could be done about them, but that’s not true now. Baseball is supposed to be determined by the skill and performance of the players, not by random, unpredictable mistakes by the bystanding officials. Can you imagine a criminal defendant sent to prison in a trial where the judge repeatedly allowed inadmissible evidence against him because he misinterpreted the law, and the appeals court shrugging and rejecting an appeal with a unanimous opinion that said, “Hey, mistakes happen! It’s part of the system’s tradition and charm!”

2. Run, Fauxahontas, Run!  Fake Native American Senator Elizabeth Warren (D-Mass) announced that she finally did have her DNA tested. No cheapie home test for this aspiring Cherokee: she had the DNA test performed  by Carlos D. Bustamante, a Stanford University professor (and Democrat) and expert in the field who won a 2010 MacArthur fellowship for his work on tracking population migration via DNA analysis.  He concluded that “the vast majority” of Warren’s ancestry is European, but he added that “the results strongly support the existence of an “unadmixed Native American ancestor,” and calculated that Warren’s pure Native American ancestor appears in her family tree “in the range of 6-10 generations ago.” That’s a big range: six generations would make her 1/32nd American Indian, but ten generations would make her 1/1024th Native American. Nothing in the test proves she has the Cherokee ancestry she claims.

UPDATE: Apparently the Globe reporters and editors are among the math-challenged. Mid-day, it issued a second correction:

“Due to a math error, a story about Elizabeth Warren misstated the ancestry percentage of a potential 6th to 10th generation relative. The generational range based on the ancestor that the report identified suggests she’s between 1/64th and 1/1,024th Native American,” the Globe explained.

This means Warren is somewhere between 0.09 and 1.5 percent Native American, not between .19 and 3.1 percent as originally claimed.

Continue reading

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Filed under Arts & Entertainment, Ethics Dunces, Ethics Quotes, Ethics Train Wrecks, Government & Politics, Journalism & Media, Race, Research and Scholarship, Science & Technology, Sports

Sunday Morning Ethics Warm-Up, 10/14/18…Stretching the Truth: Fake Accusations, Fake Supreme Court News, Fake Fake Doctors

Good Morning!

1.Who Could Have Predicted That Black Men Would Identify With Brett Kavanaugh?,cont. From the New York Times yesterday:

A white woman who called police after claiming that a young black boy touched her behind in a Brooklyn deli drew a storm of ridicule and criticism on social media, and late Friday she made a public apology to the child.

Critics characterized the incident as the latest example of a hypersensitive white person calling the police to report black people for dubious reasons. Many detractors imputed racist motives to the woman, Teresa Klein.

She was quickly labeled “Cornerstore Caroline” by Jason Littlejohn, 37, a lifelong Flatbush resident who recorded the commotion Wednesday outside the Sahara Deli Market on Albemarle Road. Littlejohn’s Facebook recording of the incident had been viewed 4 million times by Friday evening.

“I was just sexually assaulted by a child,” Klein is heard saying on the video as she was on the phone with the police. The boy, who is about 9, and another child burst into tears outside the store as bystanders confronted Klein about the incident. “The son grabbed my ass and she decided to yell at me,” Klein continued in the video, referring to his mother. The video was first reported by The New York Post.

I just don’t think the Left thought through this “believe all women who claim to be victims” bit. And I’m still confused about the rules. You have to believe a white woman who accuses a white high school kid of sexual assault if she remembers it 30 years later, but you don’t have to believe a white woman who accuses an even younger kid immediately, if he’s black? Does it matter if she’s black? If the accused was a white high school kid, then would everyone have to believe her?

2. Newton’s Third Law! From the Huffington Post: 

Minutes after an event at a Manhattan Republican club meant to celebrate violence against leftists, attendees belonging to a proto-fascist, pro-Trump street gang reportedly pummeled three people on the sidewalk in Manhattan’s Upper East Side while shouting homophobic slurs.

Footage posted online by video journalist Sandi Bachom shows a group of men who appear to be Proud Boys — a misogynistic and anti-Muslim fraternity known for committing acts of political violence across the country — kicking and punching three apparent anti-fascist protesters as they lay prone on the sidewalk.

“Do you feel brave now, faggot?” one of the attackers yelled, according to Bachom and another journalist, photographer Shay Horse. Another video shows multiple attackers yelling “faggot.”

HuffPo, being smear-meisters, calls the group “Pro-Trump” in its headline. I don’t recall any news source calling the antifa a “pro-Obama group” when it was running amuck punching people on Inauguration Day. Speaking of the antifa,  here’s a tweet from a Portland journalist from October 8: Continue reading

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Filed under "bias makes you stupid", Childhood and children, Ethics Alarms Award Nominee, Ethics Dunces, Gender and Sex, Government & Politics, Journalism & Media, Law & Law Enforcement, Social Media, U.S. Society