I’m off to an early morning training, but there’s a lot to talk about, so I’l leaving the blog to you for a few hours. Be civil, be bold, be wise, don’t do anything I wouldn’t do, and don’t make me come back there…
Month: March 2019
Hey, Oprah: Why Is Michael Jackson A Child Molester Now If He Wasn’t A Month Ago?
Stipulated: I have long-believed that Michael Jackson was a probably a pedophile. The circumstantial evidence is voluminous; he was obviously beset with psychological and emotional problems, he had the wealth and influence to cover up his conduct, and a grown man who admits to sharing a bed with young boys and insists there is nothing wrong with it is justifiably suspect. However, the plain facts are that Jackson has never been proven to be a child molester.
In case you haven’t followed this story, here is the Wikipedia entry on Jackson’s first molestation scandals—it’s long, but we can’t fairly discuss it without common reference points. A bulleted summary from that article: Continue reading
Lunch Time Ethics Warm-Up, 3/8/2019: An Ethics Hogie! Dogs and Death, As Democrats Openly Embrace The Dark Side…
Yum Yum!
(I’m Atlanta bound on business and pleasure, but I’ll have significant downtime. With some luck and if my laptop doesn’t explode, it should seem like I never left.)
1. Not unethical, just stupid. I would have warned everyone in advance that I was going to be experimenting with the layout, but I didn’t know it myself. There was a surprise upgrade offer from WordPress that was too good to pass up, but I assumed (Felix Unger: “When you assume, you make an ass of u and me!” that the blog wouldn’t change until I changed it. Nope: the second I clicked on the payment button, the design blew up and was unreadable. Again, my apologies. And also again, this may not be the final design. I’ll be experimenting while I’m in Georgia.
2. But would they let Will Smith play Bill Jenkins? Bill Jenkins died last month, and naturally the news media paid little attention. He was an African-American scientist who was working as a statistician at the United States Public Health Service in the Sixties when learned of the horrific Tuskegee study, one of the worst ethical breaches in the history of U.S. medicine. The federal government deceived hundreds of black men in Macon County, Alabama into thinking that their cases of syphilis wer being treated when they were not. The researchers were investigating what unchecked syphilis would do to the human body. The black men were being used as human guinea pigs, without their informed consent.
Appalled by the study’s unethical and cruel design, Jenkins spoke to his supervisor, who told him, “Don’t worry about it.” The supervisor was, in fact, monitoring the study. Jenkins defied him and wrote an article about the study that he shared with doctors and journalists. Nobody appeared to care. The study, which began in 1932 , continued through 1972, when another health service scientist exposed it and got it shut down.
Jenkins was haunted by the research and his inability to end it. He went back to school to train as an epidemiologist. The Times reveals the rest of the story:
“He would go on to devote himself to trying to reduce disease and illness among African Americans and other people of color, in part by recruiting more such people into the public health professions.
He was one of the first researchers at the Centers for Disease Control and Prevention to recognize how dramatically AIDS was affecting black men. He helped organize the first conference on AIDS in underserved neighborhoods and became the C.D.C.’s director of AIDS prevention for minorities.
And for 10 years he oversaw the government’s Participants Health Benefits Program, which provides free lifetime medical care to the men of the Tuskegee study and their eligible family members.”
3. Dog show ethics. (This is late, and I apologize to everyone, dogs included.) Lesson: even dogs have conflicts of interest. Continue reading
More Casting Ethics Madness: “Colorism” And Will Smith
Perusing the Ethics Alarms essays on casting ethics (there are a lot of them), I think I finally understand the rules. It’s wrong to cast a black actor to play a black character when the original character was white, but if the black character is playing a white character as white, that’s OK. Casting an African-American actor to play a fictional Arab sheik in “Ben-Hur” is fine, but casting a black Samoan-American as fictional black icon John Henry is unacceptable. It’s wrong to cast an abled actor to play a disabled character, wrong to cast a cis actress to play a real life woman who pretended to be a man, wrong to cast that same actress to play an animated heroine who was originally drawn as Japanese, but brilliant to cast black and Puerto Rican actors to play Alexander Hamilton and the Founders. Oh! I nearly forgot! It’s wrong to cast a white actor to replace a black actor who replaced a white actor playing the role of a white character.
Clear?
Now we have a casting ethics controversy that has raised its empty head before: Will Smith is on the verge of being cast to play Serena and Venus Williams’ father Richard in a film, and critics and social justice warriors are calling it “colorism,” because Smith isn’t as dark and the tennis stars’ dad. Black sports writer Clarence Hill Jr tweeted, “Colorism matters..love will Smith but there are other black actors for this role..” Another indignant political correctness warrior (in Great Britain) wrote, “Why are they whitewashing the dad with Will Smith? Colourism is constantly subconsciously fed to us and we just eat it up…”
“Colorism” is unethical because, the BBC tells us, because
“It can lead to a lack of representation in film, TV and fashion, particularly in Hollywood and Bollywood, as well as discrimination at work or on dating sites, and even to serious health problems from skin bleaching creams.”
Except, you know, casting Smith as Williams isn’t colorism. It is “casting a prominent actor for the role who will put fannies in the seats-ism.” Who cares how dark or light Richard Williams is? What does his skin shade have to do with the reason he’s worthy of a film portrayal? Would Venus and Serena be better or worse athletes if he were the shade of Will Smith?
The “colorism” argument has come-up before, in the controversy over The Rock playing John Henry, and when not-sufficiantly black actress Zoe Saldana was cast to play singer Nina Simone, and wore dark make-up to resemble her.
I’m pretty sure that I’ve finally figured out what’s going on. Just as rape isn’t about sex but about asserting power, so the progressive complaints about casting aren’t truly about race, or color, or fairness, or white-washing, or any of the supposed justifications for manufactured outrage. They virtually always for the purpose of asserting and cementing the power to bend others to their will, to establish the precedent that whatever they demand, even when it is the opposite of what they may have demanded in the day before, even if it is obvious that they are making up the rules as they go along, must be accepted. It is the equivalent of an abusive boss ordering a subordinate to strip, get down on all fours, and bark like a dog. They do it because they can.
The only way to end this nonsense is to defy it, but as we have seen in most of the casting controversies, since actors are generally too shallow and too cowardly to articulate ethical principles much less take a stand in favor of them, the actor who is the target of the complaint usually grovels an apology and withdraws. I’m hoping that Smith is made of sterner stuff, but I wouldn’t bet on it.
Site In Transition: Sorry For The Inconvenience!
If you tried to see the site in the last hour minutes or so, you probably noticed that it was a mess. I have upgraded the WordPress subscription so I can, among other things, have more design flexibility, have my own ads to try to finance this project, and some other features….it might also get around the blog’s inexplicable Facebook ban. The problem was that my old theme had been “retired,” so when the software shifted, it didn’t adapt, causing the text to run off the page. It took me a while to a) discover this b) figure out what was going on and c) fix it. (My son helped.)
The current design is temporary, but at least it is readable. I apologize for the inconvenience, but I think this is a positive step for Ethics Alarms.
Ethics Warm-Up: I Wish I Were Surprised, But I’m Not
NOW what?
Quite a bit, actually…
1. Res Ipsa Loquitur #1 The Democratic National Committee has barred Fox News from hosting its Presidential primary debates. I guess the Democrats don’t want any tough questions interfering with their efforts to rig the nomination this time around.
If there was ever better proof that the Democratic Party considers the mainstream media their captive allies, I don’t know what it would be. In 2016, Republicans subjected their candidates to outright hostile questioning from CBS and CNBC journalists, and Fox treated Donald Trump as roughly as a candidate can be treated in the Republican debates. I watched all the pre-nomination debates: Fox’s Neil Cavuto was among the very fairest of all panelists, and as Fox News has correctly said in its protest about the Democratic slur, Chris Wallace, Bret Baier and Martha MacCallum, the proposed Fox News debate questioners, are at least as objective and professional as any Left-media journalists.
DNC Chair Tom Perez’s excuse for this blackball move is self-evidently dishonest: “Recent reporting in the New Yorker on the inappropriate relationship between President Trump, his administration and Fox News has led me to conclude that the network is not in a position to host a fair and neutral debate for our candidates. Therefore, Fox News will not serve as a media partner for the 2020 Democratic primary debates.” Oh, the New Yorker says so! That settles it then!
The GOP didn’t pull out of the Vice-Presidential debates in 2008 even though the NPR’s debate moderator, Gwen Ifill, had her pro-Obama book sitting at her publisher waiting for he candidate to win. CBS wasn’t barred from hosting debates, event though David Rhodes, then president of CBS News, is the brother of Ben Rhodes, Barack Obama’s deputy national security adviser. Meanwhile, Ben Sherwood, president of ABC News, is the brother of Elizabeth Sherwood-Randall, an Obama special assistant. Claire Shipman, a national correspondent for ABC’s “Good Morning America,” was married to Jay Carney when he was President Obama’s press secretary. These were real, hard, conflicts of interest. The bias of the Fox News journalists is apparently based on the fact that they may run into Trump pal Sean Hannity in the lunch room.
The Democratic Party is prepared to do everything in its power to make sure the American public does not get properly informed regarding the character, skills and beliefs of its 2020 Presidential candidate, and is confident that every network but Fox can be depended upon to assist them in achieving that goal.
2. Almost certainly untrustworthy study of the week, but great for confirmation bias purposes: According to an article in “The Atlantic,” a survey conducted by the polling firm PredictWise that assembled a county-by-county index of American political intolerance based on poll results determined that ” the most politically intolerant Americans… tend to be whiter, more highly educated, older, more urban, and more partisan themselves.”
That would explain the posts by my Facebook friends… Continue reading
I Expect Non-Lawyers And Journalists To Misunderstand This Basic Legal Ethics Principle….But HARVARD LAW SCHOOL?
Kaboom.
This is a repeat issue, so I could make this short and link to the previous Ethics Alarms post on this annoying subject, or here, when I defended Hillary Clinton when she was being called a hypocrite for once defending a child rapist, or maybe the post titled, No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or this post, when liberal icon and former Harvard Law professor Larry Tribe was representing a coal company. I have vowed, however, that if I accomplish nothing else with this blog, I will do my best to put a stake through the ignorant and destructive idea that lawyers only represent clients they agree with, admire, or personally support. Here its is again, the ABA rule that is quoted somewhere in every jurisdiction’s attorney conduct regulations. Let’s do it really big this time:
ABA Model Rule 1.2(b): “A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”
Got that? Memorize it Print it out and carry it in your wallet, and hand it to your ignorant loud-mouth family member who complains about those scum-bag lawyers who represent bad people. Post it on social media and in online comment sections where people are bloviating about the same. idiotic misconception.
What we can do about Harvard, however, I just don’t know. You know what they say, “Get woke, lose all respect and credibility as a trustworthy advocate for civil rights and the Rule of Law.” Okay, I’m going to have to work on that… Continue reading
The Mistake That Has No Remedy
Craig Coley was in prison for 37 years with no chance of parole. He was innocent, but it took technology that wasn’t available when he was convicted to prove it. Coley was released in 2017, when DNA evidence showed that the justice system had punished the wrong man, and his conviction was finally overturned. Coley was 32 when he was first arrested for the double murder of his girlfriend and her son in 1978, 34 for when he was convicted and sentenced to life imprisonment. He’s 71 now.
How does society compensate someone for a mistake like that?
Last month, the city of Simi Valley, California, the city that took half of Chris Coley’s life away from him., announced that it had reached a $21 million settlement with its victim. That’s something, I guess. After his release, Mr. Coley was pardoned by Gov. Jerry Brown—yes, I think that was appropriate— and awarded $1.95 million by the California Victims Compensation Board, a sumptuous $140 for each day he spent in prison. Then he sued.
In a statement announcing the settlement, Simi Valley’s city manager, Eric Levitt said in part, “While no amount of money can make up for what happened to Mr. Coley, settling this case is the right thing to do for Mr. Coley and our community. Then he said that the city had decided to settle the case because “the monetary cost of going to trial would be astronomical.” So it was not because the settlement was “the right thing to do,” but because it was prudent and cheapest way out of their self-made predicament.
I sometimes wonder in officials read these things before they are released. Levitt also said the police department was still pursuing leads in the deaths of Coley’s former girlfriend and her son. Good luck with that. Maybe O.J. can help out. Continue reading
I’m Remembering The Alamo.
(This was last year’s post, slightly edited and expanded, but it says what needs to be said.)
On this date in 1836, before dawn, the Alamo fell.
From the official Alamo website:
While the Alamo was under siege, the provisional Texas government organized at Washington-on-the-Brazos. On March 2, the convention declared independence and the Republic of Texas was born, at least on paper. The Alamo’s garrison showed its support for independence from Mexico by sending its own delegates to the convention.While they were unaware that Texas had declared independence, the roughly 200 Alamo defenders stayed at their post waiting on help from the settlements. Among them were lawyers, doctors, farmers and a former congressman and famous frontiersman from Tennessee named David Crockett. While the youngest was 16 and the oldest defender was Gordon C. Jennings, age 56, most defenders were in their twenties. Most were Anglo, but there were a handful of native Tejano defenders as well. Legendary knife fighter and land speculator James Bowie was in command before falling ill and sharing duties with Travis. Several women and children were inside the Alamo, including 15-month-old Angelina Dickinson. Just before the final battle, Travis placed his ring around her neck, knowing she would likely be spared. One of the last messages from the Alamo was a note from Travis asking friends to take care of his young son Charles.
The final attack came before dawn on March 6, 1836. As Mexican troops charged toward the Alamo in the pre-dawn darkness, defenders rushed to the walls and fired into the darkness. Travis raced to the north wall but was soon killed. Bowie was most likely killed in his bed, while reports differ as to Crockett’s death. Many believe Crockett survived the initial attack but was put to death by Mexican soldiers soon afterward.
Mexican soldiers breached the north wall and flooded into the compound. The fierce battle centered on the old church, where defenders made a last stand.
The battle lasted only 90 minutes.
Taco Bell Ethics: I’m Going To Go Out On A Limb Here And Say This Is Unethical
On February 24, a Taco Bell in Philadelphia was having trouble living up to the definition of “fast food.” The store was filled with angry people loudly wondering where their orders were. Some had been waiting as long as 45 minutes. So the resourceful Taco Bell employees finally did what you might expect—if you were a psychopath. Several of them jumped over the counter and began beating up customers.
This is unethical.
A 32-second cell phone clip shows customer Bryan Reese and his friend getting attacked by multiple employees outside of a Taco Bell in the Center City District of Philly. One employee is seen repeatedly punching Reese in the ribs while another holds him down.
Taco Bell released the following statement: Continue reading








