Month: April 2019

Morning Ethics Warm-Up, 4/18/19: Redacted Mueller Report Freak-Out Edition

/ Jack Marshall / 24 Comments

Good morning!

1. Mueller report ethics!

  • Note the names and employers of the pundits and reporters who opine on the 400 page report (to be released today around 11:00 am) before they could possibly read it. [Althouse this morning: “What can they do, once 11 rolls around, to avoid continuing to analyze the Barr presentation (which will include denouncing his decision to do a press conference and dominate the news in advance of the release of the text)? You can be cynical and say the text won’t affect the media, and everyone will keep saying what they were already saying, and that is, in fact, my baseline assumption. The TV news is awful.” Yes, it certainly is.]
  • The New York Times and others are incensed that the Justice Department briefed the President on the report before it was released to the public. This is Trump Derangement, pure and unadulterated. The President has a right to see the report, and the Justice Department is part of the executive branch, which the President oversees.I’d want to be briefed ahead of the release if I were President, especially with a biased news media and a crazed “resistance” preparing to make it look as bad as possible no matter what it says. The complaint is one more entry in “Journalist making the public dumber.”
  • Ken Starr, also indulging in “future news,” says that he is concerned that the report will read like an anti-Trump manifesto. I will be surprised. It is true that the Mueller had some questionably aggressive prosecutors on the team, but the report has Mueller’s name on it and it is his historical legacy. He is regarded in D.C. and in legal circles as professional and fair. I would expect him to keep the report as factual and non-political as possible.
  • In Attorney General Bill Barr’s (completely appropriate) press conference this morning, he said in  part,

Continue reading →

Ethics Musings While Trying Keep My Mind Off The Red Sox-Yankee Game

/ Jack Marshall / 7 Comments

Normally I’d be spending this time knocking out a post, but the Boston Red Sox are playing the Yankees, and they really, really need to win.  Typing while watching is hard because a) my netbook is literally falling apart b) Rugby, my ever-young Jack Russell Terrier, is on my lap, and c) as you might have noticed, I can’t type. So this is the equivalent of an ADS post. (I may have a bit of that problem, too.

  • The good news is that there is a school that cares this much about how its debate team does. The bad news is that everyone appears to have lost their mindseveryone appears to have lost their minds as well as their ethics alarms. A coach blames a 14-year-old for a debate loss because he’s friends with an opposing team member whose team used some of the same arguments the losing team used in practice. The 14-year-old  is then harassed  by some students, his mother freaks out, and now the former star debater is leaving the school and the school is being sued. Here’s what I don’t get: wouldn’t the opposing team using the same arguments the kid’s team used in practice be an advantage for the team that prepared for them? Anyway, who throws a debate?

Other than Marco Rubio, I mean… Continue reading →

Lunch Time Ethics Appetizer, 4/17/2019: Accountability, Conflicts of Interest, Incivility, Hype And Privilege

/ Jack Marshall / 26 Comments

It’s a real ethics poop-poop platter…

1. Red Sox lousy start ethics. Boston Red Sox starting ace Chris Sale, widely regarded as one of the top two or three pitchers in baseball who signed a rich multi-year extension with the team right before the season began, lost his fourth straight start yesterday to begin the season. He told reporters, “This is flat-out embarrassing. For my family, for our team, for our fans. This is about as bad as it gets. Like I said, I have to pitch better…It sucks. I’m not going to sugarcoat it. I just flat-out stink right now.”

2. The Hollywood writers vs agents mess. I haven’t posted on this because I can’t find a copy of the controversial “Code of Conduct” that the agents refuse to sign. I also need to bone up on  the agency laws in New York and California. This article is a good summary of the show-down. Regarding the question of conflicts of interest in the practice of “packaging” and agents going into the production business, , however, it seems clear that the writers have the better arguments. From the article:

Packaging is a decades-old practice under which agencies may team writers with other clients from their stables for a given project. With packaging fees, an agent forgoes the usual 10 percent commission fee paid to them by individual clients; in its place, they are paid directly by the studio….The writers argue that agencies violate their fiduciary obligations to their clients when they make money from studios instead of from the people they are representing. The practice of accepting packaging fees, the writers say, allows the agencies to enrich themselves at the writers’ expense when they should be using their leverage to get more money for writer-clients.

Any time an agent gets paid by the party the agent is supposed to be negotiating with, that’s a textbook conflict. I’m amazed the agents have been getting away with this practice for so long. As for the production deals…

There are agency-affiliated companies that have moved into the production business — and this does not sit well with the writers unions. W.M.E., for instance, has an affiliate company called Endeavor Content. It was formed in 2017 and is a distributor of the show “Killing Eve,” as well as a producer of an epic drama coming from Apple TV Plus called “See.” C.A.A. also has an affiliate: Wiip. It is a producer of “Dickinson,” a comedy series that is also part of the Apple rollout scheduled for the fall. United Talent Agency is also getting in on production, with an affiliate called Civic Center Media. It has teamed up with M.R.C., the producer of “House of Cards,” to make new shows.

The agencies have argued that these affiliates are artist-friendly studios that will help writers, because they add to the number of potential buyers — which means more competition for writers’ services and bigger paychecks. The writers have said that agencies have a conflict of interest when they act as studios. How, they ask, can an agent represent you and also be your boss?

Bingo. The short and easy answer is “They can’t.”

Stay tuned… Continue reading →

Jake Stein’s Tears

/ Jack Marshall / 13 Comments

Legendary D.C. lawyer Jake Stein died last week at 94. He was that rarity in Washington and among lawyers, a universally respected attorney who had made few enemies and had few detractors. He was also long regarded as the sage of the profession in D.C., whose thoughtful and erudite essays that closed the bar associations’ monthly magazine, Washington Lawyer, were perhaps the most-read features of the publication.

I was reminded in his New York Times obituary that Stein represented Kenneth W. Parkinson, a former lawyer for President Nixon’s re-election committee, when he was charged with conspiracy and obstruction of justice in the Watergate scandal. Parkinson was the only indicted Watergate figure who was acquitted, and Stein’s skillful defense was considered to be the reason.  His closing argument was made unusually dramatic by Stein weeping as he described Parkinson as a pawn of “confessed perjurers,” and pleaded for the jury to consider his client’s character and the wounds the unjust prosecution had inflicted on it. “Doesn’t a lifetime, where you built it up grain by grain, weigh against that?” Stein asked plaintively.

I wonder: were Stein’s tears real, and does it matter? Continue reading →

Fascinating: The New York Times Thinks The Public Has A Right To Know That It And Its MSM Buddies Obscured What It Had A Right To Know

/ Jack Marshall / 24 Comments

The chart above comes from the New York Times, which apparently decided that it’s safe to spill the beans now: the Trump tax cut really is a tax cut for most Americans. The ironic thing about the Times article, “Face It: You (Probably) Got a Tax Cut”

is that it reveals one of the more effective anti-Trump, anti-Republican Big Lies, this one being that the 2017 tax cut was really a sham, benefiting the rich while soaking the poor. The Times, in many ways, large and small, helped sustain that lie, with the results above. What is this? Is it like the amateur magician who has to reveal how his trick was pulled off? Is it the practical jokester who has to shout “It was all a gag!” so he can see your shock? You can almost feel the Times’s metaphorical chest swell with pride as it writes,

If you’re an American taxpayer, you probably got a tax cut last year. And there’s a good chance you don’t believe it. Ever since President Trump signed the Republican-sponsored tax bill in December 2017, independent analyses have consistently found that a large majority of Americans would owe less because of the law. Preliminary data based on tax filings has shown the same. Yet as the first tax filing season under the new law wraps up on Monday, taxpayers are skeptical. A survey conducted in early April for The New York Times by the online research platform SurveyMonkey found that just 40 percent of Americans believed they had received a tax cut under the law. Just 20 percent were certain they had done so. That’s consistent with previous polls finding that most Americans felt they hadn’t gotten a tax cut, and that a large minority thought their taxes had risen — though not even one in 10 households actually got a tax increase.

The Times goes on, infuriatingly, Continue reading →

“Ethics Dunce” Doesn’t Do Justice To Dallas County District Attorney John Creuzot…Ethics Virus, Perhaps?

/ Jack Marshall / 33 Comments

“Should All Thefts Be Prosecuted?” the headline asks rhetorically. Is the Pope Catholic? Does a bear…never mind, you get the point. Of course all thefts should be prosecuted, just like all laws should be enforced. It is a stupid question, and should be immediately recognized as such, yet, that headline goes on tell us, “Dallas County’s District Attorney Says No.”

Really? Then he is unqualified for office, an ethics corrupter, and a carrier of ethics rot. That DA—his name is John Creuzot–should resign, or be impeached. A prosecutor who doesn’t believe in enforcing laws is an unethical prosecutor, an untrustworthy prosecutor, biased and dangerous to society.

Creuzot has announced several measures of varying levels of justification and controversy to reform the justice system, which is certainly not without need to reform. However, one of them is unethical in multiple ways…

Study after study shows that when we arrest, jail, and convict people for non-violent crimes committed out of necessity, we only prevent that person from gaining the stability necessary to lead a law-abiding life. Criminalizing poverty is counter-productive for our community’s health and safety. For that reason, this office will not prosecute theft of personal items less than $750 unless the evidence shows that the alleged theft was for economic gain.

Continue reading →

Ethics Warm-Up, 4/16/2019: The Wide, Wide World Of Ethics

/ Jack Marshall / 30 Comments

1. Notre Dame fire ethics:  Michael West, whose rare (of late) comments are valued as pearls, offered a proposed poll regarding the proper response to the destruction of the ancient cathedral’s spire. Here it is, with a few tweaks from me:

At the risk of tainting the voting, I have a pretty strong opinion about this. The structure  should be left as it is. Did they repair the Great Sphinx’s nose? Did they cover up the crack in the Liberty Bell? Once a part of an ancient structure or monument us gone, it’s gone. Replacements and restorations are ersatz and deceptive. The fire is part of the cathedral’s history, and what remains should reflect it. There are far better—and more ethical– uses for the many millions it will take to restore the spire.

2. Thanks for all the kind comments in light of Ethics Alarms hitting two major milestones on the same day. In commemoration, the blog will launch a new series, Ethics Alarms Retrospective (EAR), focusing on one or more of the  10,000+ posts I have immodestly placed here, most of which even I have forgotten.

For the first installment of EAR,  I offer “The Unethical Humiliation of Sister Rita X”from August 10, 2010. The topic was Sean Hannity’s practice of allowing clearly deranged progressives to have extended exposure on his radio call-in show, so he could engage in cheap mockery with the implication that they are representative of the Left generally. The comments are especially fascinating, almost all of which were Hannity fans who concocted all manner of distortions and rationalizations to justify what was the equivalent of exploiting the mentally ill for laughs. Comment highlight? This:

Again- I don’t expect you to respond- because you already said you would cut this conversation off.
Again- typical lib.
And I have facts.
What have you got besides a hollow ideology and kool aid?

That’s me, all right: a typical lib! By the way, that (minor) post was shared 4 times on Facebook, where as the last several hundred or so have received none. Continue reading →

A Canine Ethics Hero

/ Jack Marshall / 15 Comments

What you see above, captured by a security camera, is a Border Collie who quickly recognized that his Canadian owner was about to back over his housemate the old Chihuahua, and acted, putting his own life in peril to rescue his friend.

I saw this video on TV this morning, and can’t get it out of my head. I am a great dog lover (I have a great dog, the latest of several), and I know that Border Collies, by some metrics, are regarded as even smarter than Jack Russell Terriers, but without their sense of humor. The herding breed’s members are serious workers and protectors, and they are always vigilant (though our local representative, who crouches by the street, waiting to herd cars, is a little obsessive, and Rugby steers clear of him).

Is there any other explanation for this dog’s actions other than a genuine concern for his little companion? Often dog behaviors are cast in human terms through wishful thinking and anthropomorphic  sentimentality, but I don’t think that’s the case here.

This is a real, canine Ethics Hero.

Two Big Milestones For Ethics Alarms!

/ Jack Marshall / 42 Comments

There were no comments on the vital commentary, then or yet.

  • Today Ethics Alarms passed 10,000,000 views.

I thought you might like to know.

Now THAT’S An Unethical Judge!

/ Jack Marshall / 11 Comments

But perhaps a potential Democratic Presidential candidate…or Virginia Lieutenant Governor maybe?

Judge Scott Gallina of Asotin County in Washington was arrested at the courthouse last week and charged with second-degree rape. He was also charged with fourth-degree assault with sexual motivation and indecent liberties, as described by  a press release by Washington’s attorney general.

Eleven women claim that Gallina subjected them to varying degrees of sexual misconduct including unwanted touching and inappropriate comments. The  women even adopted a buddy system so that no one would risk being alone with the judge in his chambers.

The rape charge involves a woman who  told investigators that she didn’t report Gallina’s alleged conduct  because she  feared she wouldn’t be believed. She did complain to Judge Gallina, who said he “could not help it because he liked beautiful women.”

And it gets creepier. Continue reading →