Saturday Ethics Warm-Up, 5/16/2020: The Experts Edition

Hey!

Why aren’t you at the beach?

1. One reason: it’s stupid at the beach. Here’s a sign on a beach at Ocean City New Jersey:

Explain that, please. Are you OK as long as you stay on the surfboard, but not permitted to swim if you fall off? Why is a solo sunbather breaching the rules? Sitting in chairs is dangerous, but standing around is not? These kinds of arbitrary restrictions can’t be justified, and will inevitably lead to public distrust and defiance…and ought to.

Here is the obligatory clip from “Bananas” (with Greek subtitles, for some reason):

2. Here’s the “expert” who is imposing dubious restrictions in LA County: Los Angeles County Director of Public Health Dr. Barbara Ferrer, who first told the county’s board of Supervisors that the county’s “Safer at Home” order would  be extended for three more months when it expired yesterday, then extended it with no end date. The reason her opinion should be worshiped without question is…well, I don’t know what.  As I keep trying to explain to my Deranged Facebook friends, you only allow doctors to dictate policy if the only thing the public has to worry about is health, since that’s all doctors care about: if we are reduced to living on roots and berries and living in caves, well, if everyone is healthy, that’s a win from from a doctor’s perspective.

Dr. Ferrer, however, isn’t even a medical doctor. She’s not an expert in virology or epidemiology. She has a Ph.D in  social welfare, making her a Doctor of Wokeness, and also has the degrees Master of Arts in Public Health,  Master of Arts in Education, and Bachelor of Arts in Community Studies.  Based on these credentials, she is paid a half-million dollars a year to tell citizens how they will be allowed to live their lives “for the greater good.” Continue reading

Comment Of The Day: “OK, I Give Up: What IS This?”

Believe it or not, one of the main reasons I write Ethics Alarms is to learn things, and the things I learn sometimes come from researching an issue, and sometimes come from you.

Since a prime starting point for ethical analysis of an event or someone’s conduct is  answering the question, “What’s going on here?”, Joe Biden’s statement that if you believe Tara Reade, the ex-Biden staffer (who Joe says he doesn’t recall) now accusing him of sexual harassment, assault and indeed rape, you shouldn’t vote for him genuinely puzzled me, and I asked for assistance in figuring out what Joe was doing.

In a neat, concise, Comment of the Day, Rich in CT answered my question. I had never heard of the phenomenon he identified, being constitutionally resistant to economic theory from childhood. Above is a video that further elaborates on the topic, the Pareto Optimality or Pareto Efficiency, “a situation that cannot be modified so as to make any one individual or preference criterion better off without making at least one individual or preference criterion worse off.”

Got it. Now I know what that is. Thanks, Rich.

Here is Rich in Ct’s Comment of the Day on the post, “OK, I Give Up: What IS This?”: Continue reading

Zoom Ethics: A Shocking Home vs Workplace Conflict

…and, in my opinion, a really, really, stupid one.

I’d say that this story should be in online glossaries to describe “pearl-clutching.” Also “virtue-signaling.”

The San Gabriel Valley Tribune reports that Brian Akers, president of the Charter Oak Unified School Board in Covina, California, drank beer out of a bottle during a Zoom video board meeting last week, and everyone is FREAKING OUT!!! 

The video conference platform allows people to have  in-person meetings from their homes. People drink beer in their homes. They do it while talking on the phone, or messaging on Facebook. So, after finishing dinner and logging into the meeting, Akers took a few sips from the already opened bottle of beer without giving it a thought.

School board members were offended and aghast, apparently under the impression that it’s 1929.  Akers, they said, violated the board’s alcohol and drug-free workplace policy. “This is an isolated and unfortunate incident that was quickly addressed by members of our governing board, once it was brought to our attention,” board Vice President Gregg Peterson said in a statement. “As elected officials, we need to be transparent and hold ourselves accountable for our actions.” They “addressed” it by reprimanding Akers.

After all, he had to be held accountable……for engaging in a completely legal and normal act in his own home that harmed no one, that every single member of the school board has done themselves, probably countless times, and that everyone knows they have done it. Never mind: Greg Palatto, a psychologist and executive board member of the Charter Oak Educators Association said he was “taken aback,” and was in such shock that he couldn’t even process what he had seen.

“No way could that have been a beer, maybe a root beer.” he told reporters. “Then we look back on the live and yup, that’s a Pacifico!”

OH NO!!!!!!!!!!!

NOT A PACIFICO!!!!!!!!

Palatto declared that Akers’ having a beer on camera sets a bad example for students, some of whom watch school board meeting videos for civics classes. “Kids are watching us,” Palatto said. And, as we all know, no kids have any idea that adults drink beer.

Some parents, like John Sitz,  who has three children who graduated from district schools, said that Akers should resign. “I would like to see him resign due to the fact that if it was anybody else caught drinking on the job, you would be walked off the premises at that point in time,” said Sitz. Walked out of his own home, you idiot? When unique circumstances force people to turn over their privacy and homes to employers, some reasonable leeway is called for, not rabid intolerance and hyperventilating over nothing, and a single swig of beer is nothing.

“I’ll apologize to anyone. It wasn’t intentional,” Akers said, descending into full grovel.

He should not apologize. He should tell his grandstanding colleagues to apologize to him. He should say, “Yup, I drank a beer during the meeting. I often drink beers at home, and I was home. I didn’t think about it, in part because I foolishly thought my colleagues on the board had common sense and a modicum of proportion and fairness. I was wrong. They don’t. They can have my resignation if they want it, but they won’t get an apology, because I did nothing wrong. Now I’m going to have another beer.”

But hey, I might be wrong. Let’s see what a poll shows…

OK, I Give Up: What IS This?

In an interview with MSNBC’s Lawrence O’Donnell, Joe Biden said he had no recollection of Reade, but said she “has a right to be heard but then should be vetted, and the truth ultimately matters. And I give you my word, it never ever happened.”

Then O’Donnell asked what he would say to women who were “eager to vote for Joe Biden but this gives them serious pause because they do believe Tara Reade.”

“Well, I think they should vote their heart,” Biden replied. “If they believe Tara Reade, they probably shouldn’t vote for me. I wouldn’t vote for me if I believe Tara Reade.”

What is that? Continue reading

Friday PM Ethics Discoveries, 5/15/2020: A Coup Option On The Way Out, A Narrative Reappears, Trump Tweets, Reasonable Discrimination Opposed, And More

Well let’s check the ol’ ethics box and see what we have today!

1. That’s one coup option down the drain! Based on what reporters heard during the phoned-in oral arguments on Chiafalo v. Washington and State v. Baca, it appears that the Supreme Court is going to rule that states can require electors to vote for the candidates the state’s voters instructed them to vote for. If so, good. That will eliminate at least one of the unethical coup options that were attempted after Trump upset Clinton. You will recall that there was a mass effort to hijack the Electoral College using the rationalization that Alexander Hamilton would have approved.

Lawrence Lessig, the wacko Harvard law professor we have discussed here more than once, represented the electors who were blocked from voting against the electorate’s wishes. Maybe its just me, but if I’m going to be represented before the Supreme Court, I think I’d choose a lawyer who hadn’t announced that he was running for President  as a “referendum president” who would serve only as long as it took to pass some pet progressive legislation, and then would quit and let his VP take over. Lessig obviously does not take elections seriously; no wonder he thinks electors should be free to vote for Chucky Cheese.

2. “Nah, there’s no mainstream media bias!”, Fake History Division.  Adam Liptak, long-time SCOTUS reporter for the Times, writes in his story about #1 above,

“A swing by just 10 electors would have been enough to change the outcomes in five of the previous 58 presidential elections, according to a Supreme Court brief. In the 2000 election, after an assist from the Supreme Court, George W. Bush beat Al Gore by just five electoral votes.”

See how Liptak pushes a progressive narrative in what is supposed to be a news story? There was no “assist”; we now know that Bush would have won Florida’s electoral votes with or without SCOTUS halting the recount. What the ruling in 2000 assisted was the nation having an orderly transfer of power within a reasonable time. Even though the “Bush and the Supreme Court stole the Presidency” lie has been thoroughly exposed as such, Democrats and the news media keeps injecting it into the public’s consciousness by constant repetition. Continue reading

“What’s Good For The Goose Is Good For The Gander” Isn’t “Good” For A Lawyer

New Jersey lawyer Brian LeBon Calpin might still be practicing law instead of serving a suspension for a year if he had only perused the Ethics Alarms Rationalization List. Or if he had followed ABA ethics opinions. Or if he had properly functioning ethics alarms.

A former client, a massage parlor owner, had  given him negative online reviews of legal skills and acumen. In retaliation, Calpin posted a negative review of her business, which he later defended with the “what is good for the goose is good for the gander” line. (It’s “sauce for the goose,”not “good,” you illiterate clod!) Calpin wrote,

“Well, Angee is a convicted felon for fleeing the state with children. A wonderful parent. Additionally, she has been convicted of shoplifting from a supermarket. Hide your wallets well during a massage. Oops, almost forgot about the DWI conviction. Well, maybe a couple of beers during the massage would be nice.”

Unfortunately, as Calpin would have known if he attended my last ethics seminar, the ABA has clarified in a recent ethics opinion what other state bar associations have held, which is that just because information about a former client is published and available to someone looking for it, unless it is is generally known as in “widely recognized by members of the public in the relevant geographic area”or “widely recognized in the former client’s industry, profession or trade,” the information is still protected by attorney-client confidentiality, and cannot be disclosed by the client’s lawyer. That’s the professional ethics prohibition on what Calpin did. The Ethics Alarms list explains what’s unethical about “sauce for the goose is sauce for the gander” in Rationalizations 1, 2, 2A, 7, 11A, 17, 24A, 40A, 53, and 59.

As is usually the case, Calpin’s career shows other evidence of flawed ethics alarms. The disciplinary board noted that he had previously violated ethics rules regarding neglect, diligence, keeping clients informed, delivering client funds or property, and returning client property after representation. He’s lucky that he’ll get his license back after only a year.

Whether New Jersey residents should consider that lucky is another issue.

Mystery Solved! Now We Know What The ACLU Has Been Doing While State Governments Were infringing On Basic Civil Rights

It was rotting.

The non-profit organization that is supposedly dedicated to protecting the rights of all Americans against government incursions, as the Bill of Rights holds in both letter and spirit, made no effort to protect the citizens whose liberties have been arbitrarily manacled by power-mad governor and mayors, though the pandemic over-reach seemed to be a perfect battleground for the once non-partisan and idealistic group.

However, once Secretary of Education Betsy DeVos spearheaded a much-needed revision of Title IX designed to protect the due process rights of male students accused of sexual misconduct on campus, the ACLU sprung into action—to try to block her.

It is hard for me to imagine how any objective reader could  peruse the revised federal guidelines on how sexual assault allegations should be handled on college and K-12 campuses and conclude that they are hostile to the Bill of Rights in any way. Nevertheless, the  federal lawsuit filed yesterday, with the backing of the ACLU, claims  the changes would “inflict significant harm” on victims and “dramatically undermine” the civil rights of accusers—you know, those women who must be believed when they want men to be punished.

The suit was filed on behalf of four advocacy groups for such women, including Know Your IX and Girls for Gender Equity. The objective is to block the Education Department’s fixes, made necessary by the Obama Education Department’s unethical “Dear Colleague” letter that threatened universities with the loss of funds and other sanctions if they didn’t make it easier for women to get male students kicked out of school in she said/he said disputes.  The  reform regulations will go into effect by August 14 unless they are rejected by the courts.

The rules championed by DeVos  bolster  the due process rights of those accused of sexual assault and harassment, allowing for live hearings and cross-examinations.

The suit, filed in U.S. District Court in Maryland by the American Civil Liberties Union and the New York-based law firm Stroock & Stroock & Lavan LLP, is Orwellian. “This new federal effort to weaken Title IX makes it more difficult for victims of sexual harassment or sexual assault to continue their educations and needlessly comes amid a global pandemic.”

What does the pandemic have to do with anything? I guess it’s because the ACLU had a retreat or something and decided that the Wuhan virus  suspended civil liberties. Says Yahoo!, Continue reading

Ethics Quote Of The Week: Ann Althouse

“What? Am I — a seeker of truth — just supposed to add it all up and divide by 2?”

—-Blogger Ann Althouse, stating nicely in her eccentric way what Ethics Alarms has been pointing out repeatedly….

…most recently in this post. Or this one. That being that there are no trustworthy news sources. None. And since there are none, a democracy that depends on an informed electorate has no way for the electorate to become informed. The news media, and journalists, are 100% responsible for this. It is deliberate, and that is why designating then as “enemies of the people,” while impolitic, is fair and informative.

Here is what Ann found that led to her question above:

Heres the list of the top political stories at Real Clear Politics this morning:

  • “Uncovering Obama’s Surveillance of His Political Opponents” Lee Smith, NY Post
  • “Why Trump Is Peddling Extra-Strength Conspiracy Theories” Jack Shafer, Politico
  • “Judge Sullivan’s Bizarre, Politicized Order Is a Travesty”” Andrew McCarthy, NRO
  • “Obamagate Is a Distraction From Bad News About Covid” Oliver Darcy, CNN
  • “Was California Special Election Beginning of Red Wave?”Mollie Hemingway, Federalist
  • “4 Reasons Opening Up Businesses May Backfire–and Soon” Brian Resnick, Vox
  • “Comparing Florida and New York Looks Bad for Cuomo Deroy Murdock, FOX News
  • “10 Protections That Should Be in Next Aid Package” Sen. Warren & Rep. Khanna, CNN
  • “Forget Pelosi’s Boondoggle Bill–Take Taxes to Zero Instead” Steve Cortes, RCP
  • “Trump’s ‘I’m Rubber, You’re Glue’ Campaign Plan” Peter Nicholas, The Atlantic
  • “Trump’s Odds of Winning Are Higher Than You Think” Eric Levitz, New York Magazine
  • “Stephanopoulos Just Wants the Tara Reade Story to Go Away” John Nolte, Breitbart…

And so on.

Ann’s complete list is at the link.

Fake History Ethics, Baseball Division.

Yesterday was the anniversary of a famous day in baseball and American race relations history. From Nationalpastime.com:

May 13, 1947: During the pregame infield practice, a barrage of racial slurs is directed at Jackie Robinson by the Cincinnati fans during the Dodgers’ first visit to Crosley Field this season. Brooklyn shortstop Pee Wee Reese, a Southerner from Kentucky with friends attending the game and captain of the team, engages the black infielder in conversation, and then put his arm around his teammate’s shoulder, a gesture that stuns and silences the crowd.

This  episode in the well-known saga of Jackie Robinson breaking the color line in baseball has taken on the status of legend. It is in the (excellent) biopic about Robinson, “42.” It was re-told in Ken Burns’ documentary “Baseball.” Most enduring of all, the moment is memorialized forever in the statue outside Dodger Stadium—well, forever until Robinson or Reese is cancelled because something unforgivable is unearthed in their past, whereupon UCLA students will pull the thing down as progressives cheer.

I’m preparing a program for the Smithsonian Associates on how baseball has influenced American values, culture, politics, language and society, so it is of special interest to me that there is considerable controversy over whether Reese’s mid-game gesture ever happened. Writes much-lauded baseball essayist Joe Posnanski,

“There is no mention at all of the embrace in the newspapers. Quite the opposite, in fact. The Cincinnati Enquirer wrote that very day that Robinson “was applauded every time he stepped to the plate.” Meanwhile, there is no mention of it in the black press either; Burns insists that the embrace had happened, the black papers “would have done 15 related articles.” There is no photo of it. Robinson’s 1948 book about his first season called “Jackie Robinson: My Own Story” does not mention any such incident….There isn’t a single contemporary account of the embrace in any of the newspapers or magazines.”

Theories abound. The episode happened on a different date. It happened, but not in view of the fans. It is a story that accurately describes what Reese’s support of Robinson—Reese was a white southerner and a team leader, and he and Robinson did become close friends—meant to the black rookie as he battled abuse and racism in that first season of 1947, but there was no literal arm around the shoulder.  Craig Calcaterra, recycling  the controversy yesterday on his NBC blog, theorized, Continue reading

Quick Notes, And An Open Forum

Before opening discussion up to the floor (I’ve got a bunch of deadlines to meet today), a couple of brief notes:

  • Ed Whelan nicely shreds a ridiculous letter from Senator Sheldon Whitehouse that I was going to take on myself before I saw his excellent job.
  • Earlier I wrote about the case of Aimee Stephens, now pending in the Supreme Court, whose employer fired her because she was transitioning to female and used the pretense that she was refusing to wear gender-appropriate garb. She just died before any ruling, but I assume this won’t render her case, or the issue, moot.
  • I will be writing about the ethical significance regarding the release of the “unmasking” list as soon as I figure it out. At very least, the list seems to show that several Obama officials, notably Joe Biden, have been lying.

And now, you’re on your own.