Animals

Ethics Quiz: The Dish-Faced Horse And Animal Breeding Ethics

/ Jack Marshall / 32 Comments

A US stud farm has offered an Arabian Colt with an concave, or ‘dished’ profile, for sale. He looks like this:

The farm described the horse as a step towards ‘perfection’, but equine experts expressed alarm, warning that such an animal may find it difficult to breathe.

Equine expert Tim Greet told reporters that although Arabians were known for their ‘dished’ features, the new mutant colt “takes things to a ridiculous level.” Such a deformity, he opined, could be even worse for a horse than for dogs bred with pushed-in muzzles, like bulldogs…

…and pugs…

They do it to cats, too:

 

Your Ethics Alarms Ethics Quiz Of the Day:

Is breeding animals to emphasize features that may constitute handicaps unethical?

I’m going to hold my fire, but suggest that any analysis consider…

…the Ick Factor and the Awww! Factor.

…the fact that the animals don’t know there’s anything unusual about them

…the specific harm that makes the breeding unethical.

Go for it.

 

But…But… It Doesn’t Mean He’s Not A Good Lawyer!

/ Jack Marshall / 20 Comments

RIP, Snoopy.

This is a fascinating example of the legal community’s incomprehensible standards regarding who is and who isn’t fit to practice law.

In New York,  the bar took away lawyer Anthony A. Pastor’s license after he violently killed his girlfriend’s poodle “Snoopy.” See Matter of Pastor, 2017 NY Slip Op 06729, (App. Div. 1st Dept. Sep. 28, 2017).

An autopsy revealed that Snoopy  had nine broken ribs, a crushed kidney and massive internal bleeding, all at the hands of Pastor.

In disbarring Pastor, [ Matter of Pastor, 2017 NY Slip Op 06729, (App. Div. 1st Dept. Sep. 28, 2017)], the court noted that the sentencing judge’s comments that the respondent’s conduct “‘showed almost incomprehensible violence, and malice,’ that the dog was in ‘excruciating pain’ up until she lost consciousness while respondent ‘sat down at his computer in the most cold-blooded manner, and went to work, knowing that the dog lay dying, . . . on the floor behind him.’”

Nice.

But what does it have to do with whether the creep is a competent, honest, trustworthy lawyer?

Again I note that John Edwards never faced discipline for his massive deceptions and machinations, while his wife was dying of cancer, and while he was running for President. This conduct directly implicated trust and character, yet the refrain of Edwards’ colleagues was that his deceptions and cruelty, while clearly unconscionable, did not involve the practice of law, and thus did not preclude Edwards continuing to be regarded as a trustworthy lawyer. Are they kidding? I wouldn’t trust John Edwards to mail my water bill. Still, I hear this argument all the time in my legal ethics classes. One hypothetical is about a law partner who is caught cheating at poker in a regular game among fellow attorneys. Does that conduct mandate reporting him to the bar for discipline? Most lawyers say no.

They are wrong. Continue reading →

Hurricane Ethics: The Ultimate Betrayal

/ Jack Marshall / 38 Comments

I can’t bear those photos of abandoned and abused animals, so here’s the never abused  Marshall dog, Rugby. He can trust us. (OK, we can’t always trust him, but he’s a Jack Russell. He has our informed consent to be unreliable.)

Authorities in Palm Beach County, Florida discovered dozens of dogs  left behind by owners who evacuated in advance of Hurricane Irma, leaving the pets tied up or trapped in cages or pens without any means to escape or survive the storm. Palm Beach County Animal Care and Control was able to rescue 40 such dogs before the storm struck Florida.  Director Dianne Sauve told USA Today that in cases where she can identify owners of these abused animals, she would press felony charges for animal cruelty. “There is absolutely no excuse” for leaving the dogs like that, she said, noting that there are two shelters that allow residents to bring pets along with them.

I don’t comprehend how a human being could do this to an animal that they have accepted the responsibility of caring for. The conduct is an ultimate betrayal of reliance and trust. Dogs always fulfill their ends of the ancient agreement between them and people. They provide companionship, unconditional love, support and comfort in exchange for care and shelter. Abandoning a dog like this—“Hey, what’s the big deal? They’re only animals!”—represents such a basic failure of responsibility, fairness, kindness and caring that no one who betrays a dog so heinously should be trusted in any other field of endeavor or social context. If you don’t respect the lives of animals, that’s fine, but then don’t have pets. Don’t make an animal love you, and then leave it to die in fear and pain. How hard is that? Continue reading →

Harvey Pet Rescue Ethics

/ Jack Marshall / 15 Comments

I was watching a Fox News live feature about heroic efforts in Houston to rescue animal companions. I am an animal lover, and my wife is an animal worshiper, so this aspect of natural disasters is close to our hearts.

We were told that one sheriff has been going door to door for days searching for endangered non-humans in the flooded areas. Awwwww. Fox caught up with him as he was leaving one domicile with the owner, who had with him the rescued pet: his 9-year-old son’s…

…hermit crab.

His name is Crabby.

Wait, what???

We’re arguing about such dire conditions in Houston that looters are running amuck, and hearing about overwhelmed rescuers and rising death rates, and this sheriff is spending hours rescuing hermit crabs?? The tragedy is down to that then? We’re at the endangered hermit crab stage of triage, are we?

Observations: Continue reading →

From “The Progressive War On Free Speech” Files, The Unethical Website Of The Month: “Leave Your Dog Poop On Crissy Field”

/ Jack Marshall / 12 Comments

I’d like to take a national poll, a California state poll and a San Francisco poll asking who thinks deliberately littering the site of a planned far-right demonstration with dog shit is an ethical thing to do. I think it would tell us a lot.

Patriot Prayer, a far right group that has held several  “free speech” events in the Pacific Northwest, applied for and was awarded a permit to hold a demonstration today on San Francisco’s Crissy Field.  San Francisco’s officials, being totalitarians at heart and like their increasingly senile but steadily anti-speech member of Congress, Nancy Pelosi, hostile to the concept of free speech, tried to pressure the National Park Service to deny the group a permit. The Service, foolishly hewing to the Constitution, demurred. The city’s police department  planned for a riot.

To foil the demonstrators, an artist named (yes, I checked this one for being a hoax) “Tuffy Tuffington,” had a brainstorm, or perhaps shit-storm is the better description:  to make the beach uninhabitable for Patriot Prayer First Amendment protected proceedings, he urged San Franciscans to plan to festoon Crissy Field, which is normally a lovely beach by the shadow of the Golden Gate Bridge, with piles of their various dogs’ droppings

“I just had this image of alt-right people stomping around in the poop,” said Tuffy, a self-righteous asshole. He is convinced that this is the best way to respond to right wing extremists in the wake of Charlottesville.  Presumably, President Trump will be required under threat of impeachment to declare that there is nothing wrong with defiling a public place and breaking the law to make it impossible for a group to demonstrate, because it is a false moral equivalency to insist that all Americans have equal access to Constitutional speech. Do I have that correct, Tuffy? Continue reading →

Morning Ethics Warm-up: 8/19/17—-The St. Louis Rally Cat Edition

/ Jack Marshall / 13 Comments

Good morning!

1. The still unfinished saga of the St. Louis Rally Cat illustrates nicely how the most innocent-seeming events can spin out of control when the participants don’t heed their ethics alarms, or lack the instruction manual to operate them competently. As an aside, this baseball season has yielded a bumper crop of ethics controversies, the most I have ever seen, and it is far from over. In general, Major League Baseball’s participants, including its sportswriters,  are not very good at ethics, and the simple-minded virtue-signaling in the Tom Yawkey controversy is a recent, and embarrassing example. As an aside to an aside, I used to provide baseball ethics commentary at little or no cost to a well-regarded stat-head website, until they made it clear that they neither appreciated the importance of ethics in the sport, nor were capable of practicing it. Too bad. Baseball ethics is a lot more valuable than knowing the exit velocity and launch angle of a home run.

But I digress. The Rally Cat…and let’s count the ethics breaches:

Last week, the St. Louis Cardinals, fighting to overtake the Cubs in the closely contested and mediocre National League Central, were trying to rally back from looming defeat. The bases were loaded with Cardinals at Busch Stadium when a juvenile cat raced onto the field and halted play. A groundskeeper captured the cat, which mauled him as he carried it off the field. This was shown on the video scoreboard, provoking laughter and applause from the crowd.

As soon as play finally resumed, Cardinals catcher Yadier Molina hit a grand slam, and the Cardinals won as a result. Baseball players are superstitious, as the game is an orgy of moral luck, and such incidents typically create unlikely and illogical totems. In Los Angeles, there is a video of a monkey going nuts, the Angels’ “Rally Monkey.” In Boston, it is the old Neil Diamond ear-worm “Sweet Caroline.” Last year, the Kansas City Royals had a good luck praying mantis-–I’m not making this up—dubbed “The Rally Mantis.”  Back in the politically incorrect Twenties, the New York Giants had a mentally-challenged man travel with club as a mascot, because the team won the day he arrived and told Manager John McGraw that he was a great pitcher. For laughs, McGraw told the poor man that he was starting the game, and he actually warmed up on the sidelines as the players guffawed. He didn’t pitch, but the Giants won, so McGraw had him warm up before every game, as the team went on a winning streak.

So, naturally, the St. Louis cat was given the name Rally Cat, and responsibility for the Cardinal’s fate this season was placed squarely on its fluffy shoulders.

Now came the ethics botches:

Ethics breach #1. Lucas Hackmann, the cat-grabbing groundskeeper, let go of the feline talisman to get his bites attended to. Foul. He works for a baseball club; he is obligated to be aware of the culture he serves. He had to know, or should have known, that the cat would be a media star, and that the team, if it won the game, would want to employ him, or her. It. He also should know that cats do not stay, like dogs. The cat ran away, endangering the Cardinals’ season/

Incompetence.

Ethics breach #2. The Rally Cat was picked up by a fan, Korie Harris, and she left the park with it. Cardinals security questioned her, and she said it was her cat. Again,  Incompetence. The cat now had potential value to the security personnel’s employers. Why did a fan have a cat? You can’t bring a cat into the ballpark.

Ethics breach #3 Of course, it wasn’t her cat.  She was lying.  Dishonesty.

Ethics breach #4, 5, 6 and 7. Then Lying Korie (I bet that’s what the President calls her) also lost the cat. Some animal lover she is. If she was going to take custody of the animal, she had accepted responsibility for its welfare. She could have adopted it. She could have advertised to find its owner. She could have returned it to the Cardinals. She could have given it to a shelter—anyone but PETA, which would have probably killed it. No, she just let it go. Feral cats live a fraction of the average life of a house cat. Four fouls: Lack of responsibility, incompetence, dishonesty, and lack of caring.

Ethics breach #8 The Cardinals released a statement hoping that the cat would be found so the team could “properly care for it.” Right. A traveling baseball team is the perfect place for a cat. The Kansas City Royals killed the Rally Mantis, and quietly replaced him, thinking nobody, including the Baseball Gods, would notice. Ha! They missed the play-offs.

Again, this is dishonesty. The Cardinals don’t care about cats; if the team did, it would be donating money to animal shelters. It cares about good luck charms that can be used to promote the team..

 Ethics breach #9 The cat was found and taken into custody by St. Louis Cat Outreach, a nonprofit organization. The Cardinals claimed ownership. “The St. Louis Feral Cat Outreach organization has assured us they will be returning our cat to us after a mandatory 10-day quarantine period,” Ron Watermon, the team’s vice president for communications, said in an email to The St. Louis Post-Dispatch. “Rally Cat will be cared for by our team, making the Cardinals clubhouse his home,” Watermon said. “Mike (Mike Matheny, the Cardinals manager) and our players are looking forward to loving and caring for him.” Outrageous Dishonesty!  The cat shelter denied the story, posting on its Facebook page: “It was a totally false statement that STLFCO has committed anything to the Cardinals. We have made no decisions about Rally’s long-term placement.” Moreover, anyone who thinks the baseball team was “looking forward to loving and caring for” a cat in the middle of a pennant race will believe anything.

2. That took longer than I expected. I assume you are sufficiently warmed up, though.

Here’s Lucas and the Rally Cat:

____________________________

Pointer and Facts: New York Times

Morning Ethics Warm-Up: 8/13/2017

/ Jack Marshall / 83 Comments

1. Is the concept that people and groups who have ugly or even essentially un-American beliefs and positions still ave the right to express them, advocate them, and do so without being attacked, and once attacked, have the right to defend themselves like any other citizen really so hard to grasp? Is it also controversial after all these years? Based on the echo-chamber garbage I’m reading on Facebook and on blogs like The Huffington Post, it would appear so.

2. I haven’t been following the Taylor Swift groping lawsuit, have you? I’m not sure it justifies following, though it does follow the path of campus sexual assault accusations. To summarize for those of you with higher priorities, pop superstar Taylor Swift was in the midst of a 2013 tour when  she hosted a meet-and-greet for fans in Denver. David Mueller, then a DJ for the radio station KYGO, came to the event and posed for a photo with Swift and his girlfriend. Here is the resulting photo, courtesy of gossip site TMZ:

Swift said that Mueller reached under her skirt and molested her from behind. Her security team ejected the DJ and complained toMueller’s employer, KYGO, which fired him.. In 2015,  Mueller filed a defamation suit against Swift,  denying that he touched her intimately and demanding millions in damages for his lost job and sullied reputation. She has counter sued for a single dollar.

As with many sexual assault cases tried in a civil setting or by a university kangaroo court, this lawsuit will come down to who the jury believes, and the photo, which is the only evidence. (Mueller says that he recorded a two-hour phone call with KYGO the day after he learned of  Swift’s complaint, and had a copy of the audio file on his laptop and on an external hard drive, and his cell phone too, but he spilled coffee on and then lost the laptop, while the external hard drive inexplicably stopped working. Then he threw out the cell phone.  ( Sure. ) In its article about the case, Vox says,

“America has long had an unspoken understanding that famous women have no real right to bodily autonomy. Women in general aren’t understood to have much right to bodily autonomy in America: hence rape culture, hence comments about rape like, “if a man walked around with a suit made of $100 bills, he’d expect to be robbed, wouldn’t he?” that make women’s bodies analogous to money. But because fame already comes with diminished expectations of privacy, celebrity women are considered to be especially fair game.”

Fake history. I was certainly not taught this, nor did I “understand it” to be true. There are, and have always been, pig assholes who think like Vox describes, but they have been regarded as assholes for decades. This is feminist bigotry at work, stated as fact. As a civilized male who was raised to respect women and their bodily autonomy, I find the trope that all men, especially those on college campuses, are nascent rapists political propaganda of the most despicable kind, and not worthy of the seriousness accorded it by female Democratic Senators, publications like Vox, Obama’s Education Department and feminists.

My reading of the case is that Swift made the unfortunate but understandable choice of continuing to pose for the picture while this creep was fondling her butt, but that Mueller will have a difficult time proving defamation—the burden is on him, not her—and is likely to lose, not in small part because Swift, a trained PR whiz, was a spectacularly effective witness. ( Question from the plaintiff’s counsel: Why did your skirt look undisturbed in the photo if my client had his hand under it as you claim?  Swift: “Because my ass is located in the back of my body.” Continue reading →

Morning Ethics Warm-Up: 8/7/17

/ Jack Marshall / 15 Comments

Good Morning!

1. “Data from the Association of American Medical Colleges indicate that race is a substantial factor in medical school admissions, not one of many. For example, from 2013 to 2016, medical schools in the United States accepted 94 percent of blacks, 83 percent of Hispanics, 63 percent of whites and 58 percent of Asians with top MCAT scores of 30 to 32 and grade-point averages of 3.6 to 3.8; for MCAT scores of 27 to 29 (G.P.A. of 3.4 to 3.6), the corresponding figures are 81 percent, 60 percent, 29 percent and 21 percent. For low-range MCAT scores of 24-26 (G.P.A. of 3.2 to 3.4), 57 percent of blacks were admitted, 31 percent of Hispanics, 8 percent of whites and 6 percent of Asians.” (New York Times, August 4, 2017) Yet the announcement that the Trump Administration Justice Department Civil Rights Division will be looking at illegal discrimination in university admissions was condemned across the progressive spectrum as an effort to bolster white supremacy and proof of the President’s “racism.”

Those statistics are res ipsa loquitur to me; no further evidence is needed. How can they be otherwise? Medical school admissions are discriminating on the basis of race. A similar set of statistics in any field where blacks rather than Asians were at the bottom would be treated by courts as “disproportionate impact” discrimination no matter what the explanation was.

In the same issue of The Times where this appeared, the paper devoted its entire letters section to readers expressing indignation that any Times writer could praise the President for anything.  Micheal Kinsley had triggered them with a tongue-in cheek (Michael has only one tone) “he’s not all-bad” column. This shows the blindness and bias of “the resistance,” Democrats and the Left generally. They cannot even see that open, blatant discrimination based on color, which would have certainly been embraced by a Clinton Administration, is a blight on  democracy, and that striking it down will be an absolute good for which any President responsible would warrant praise.

2.  When the NFL is involved, all ethics alarms freeze up, apparently. In September, former NFL quarterback Michael Vick will be inducted into the Virginia Tech Sports Hall of Fame. Vick is a convicted felon and confessed animal abuser as a central figure in a dogfighting ring. The case study by the Animal Legal Defense Fund states, “After his three co-conspirators pled guilty and began cooperating with authorities, Vick also pled guilty, admitting to funding the dogfighting operation and the associated gambling operation. He admitted to knowing about four dogs that his co-conspirators killed in 2002, and he admitted to agreeing to the hanging and drowning of 6-8 dogs who underperformed in 2007. Vick admitted he provided most of the operation and gambling monies, but he claimed he did not gamble by placing side bets or receiving proceeds from the purses”.

As I have noted before, admitting athletes like Vick is defensible for Halls of Fame that make it clear that only what a player does on the field matters. The athlete can be a child-molester, serial rapist, mass murderer or airplane bomber, but as long as he could hit his receiver 70 yards down field, he should be held up  as a great role model for kids and fit to represent the entire sport forever.

Oops!  The Virginia Tech Sports Hall of Fame has a character clause, unlike the NFL’s Hall. It says an admittee “must be of good character and reputation [and]not have been a source of embarrassment to the university in any way.”

I guess we can assume that the school isn’t embarrassed in any way by its alum being responsible for this…

and this…

or even this…

Good to know. Continue reading →

Morning Ethics Warm-Up: 7/19/17

/ Jack Marshall / 32 Comments

Yeah? What’s so “good” about it? HUH? Well?

1. In an article/discussion about the impact of George Romero, the zombie genre creator who died last week, New York Times film critic A.O. Scott said, and I’m not making this up,

A few years ago, when I did a Critics’ Pick video on [Romero’s “Night of the living Dead,”], I hinted that [the film’s African-American hero’s]death could be read as a prophecy of Barack Obama’s presidency: A calm and competent African-American saves the white people from their own rashness and stupidity (as well as from zombies) and is destroyed. Now, of course, the prophecy seems all the more chilling. The casual, unapologetic and ultimately self-destructive violence of white supremacy is the true and enduring horror of American life.

Wait…What?

This insulting, counter-factual, absolutely crackers statement may be an opinion, but it is so stunningly biased and warped that it should have set off ethics alarms at the Times, if any exist. If the film critic could say this in print, he says it among his colleagues. If he has said it among his colleagues and no editor, pundit or colleague has grabbed him by the lapels and said, “What the hell are you talking about, man? You better keep that crap to yourself, because it embarrasses the paper. Better yet, I think you need a vacation!”, then this strongly suggests that almost everyone at the Times is marinating in a crippling fantasy culture that makes independent, objective, trustworthy reporting and punditry impossible.

A.O.’s statement self-destructs at “calm.” Obama “saved” nobody; in fact, he either deliberately or incompetently degraded the one area of our society he was elected to improve: racial harmony and respect. How does a black character’s death (the movie’s hero is shot by authorities who assume he is a zombie) “prophecy” the fate of Barack Obama, elected President twice, cheered upon his leaving office, and immediately rewarded with historical revisionism, obscene speaking fees and a book contract? [I hate to cavil, but it really needs to be pointed out that the Duane Jones character in “Night of the Living Dead,” far from saving the white characters, gets them eaten and zombified by adamantly rejecting one obnoxious white man’s insistence that they should all just lock themselves in the basement. After all those white people the Obama-like hero  “saved” according to A.O. are ambulatory brain-eaters, he survives the zombie onslaught—by locking himself in the basement! I suppose this “prophesied” leading from behind.]

The critic’s statement is thinly veiled anti-white racism, bubbling up from the concentrated anger and Trump hysteria at the Times. White supremacy. Sure, A.O. I won’t be reading any of your reviews anymore, nor your fellow critic Jason Zinoman, who either agrees with your fanciful and hateful assessment, or didn’t have the integrity to tell you that you are paranoid and nuts on the record. Either way, he is also a fool. I don’t care what either of you think about movies, since you view them through bullshit colored  glasses.

2. I have three times now prepared to write a post about what I now call Anti-Trump porn at the Times, highlighted every week by the Sunday Times “Review Section.” Last Sunday was another one. This section’s obsession is stunning: the section is loaded with unrestrained Trump hate, ad hominem insults and hysteria and  from every perspective. I would think other Times readers would be bored, not to mention alarmed, by this monotonous vive and broadcast of bias (An unbiased newspaper would not allow one topic and one point of view to monopolize its weekly commentary section), but apparently the Times readership is insatiable.

The res ipsa loquitur feature this time was an editorial cartoon by Art Spiegelman, who is a brilliant cartoonist when at his best. Like most cartoonists of a political bent, he is all ideology and advocacy, and pretty much devoid of respect for facts and balance. Here was his comment after November 8:

“I see something similar to Hitler in that it’s gone very fast to things that seem surreal to me, like Trump supporters shooting four civilians at a polling place in California – one of them died. And there’s the slide towards uncivility, from what I read on the internet. For the first time I got to see my name with three parentheses signs around it. I don’t think it was a secret that I’m Jewish, but they were making sure that the alt-right people would know that I was Jewish. That’s just something I saw a couple of days ago. ‘Oh, I see. OK, it’s a new day.’ And at this point we don’t care about refugees’ lives. They’re not white lives. So yeah, sure, I’m worried.”

Shut up and draw, Art. Trump supporters did not shoot four civilians at a polling place in California. Middle East refugees are white. And Art must not check the internet very often, if he judges any single  excess or outrage as proof of anything. His was a statement of pure intellectual laziness, bias, bigotry and hysteria—but never mind, political cartoonists don’t have to be fair, accurate or responsible. They just have to communicate what a biased paper’s editors know even its own biased pundits couldn’t get away with, and have the defense that “it was just supposed to be funny!”  Thus here was the Spiegelman cartoon featured on page two of the Times’ Review section last Sunday: Continue reading →

From The “Law vs Ethics” Files: PETA Chooses To Harm An Artist On Behalf Of A Monkey Who Couldn’t Care Less, And Judges Think It’s An Amusing Legal Condundrum

/ Jack Marshall / 26 Comments

“I’m baaaaack!”

When we last heard from  photographer David Slater, the U.S. Copyright Office had rejected his claim that he owned the  copyright for the famous series of selfies presumably taken unintentionally by a Celebes crested macaque.  In 2011,  Slater spent several days following and photographing a troop of macaques in Sulawesi, Indonesia, and the selfies were a lucky bi-product that quickly became a web sensation. Slater had asserted ownership over the photos, and had demanded that various on-line users, such as Wikipedia, either take them down or pay him as the copyright holder. The ruling of the Copyright Office was based on the theory that Slater had not taken the photo, so he was not the creator, and animals couldn’t own copyrights, so the photos were in the public domain.

Pop Ethics Quiz: Would it have been unethical had Slater simply released the photos without revealing that the selfies had been the lucky result of an  accident, snapped by the monkey while it was messing around with his equipment?

About the Copyright Office’s ruling: I’m dubious. Slater owned the equipment, and had the sense to preserve the photos. A decision that if a photo is taken accidentally by a non-human or an act of God, the photographer who owns the equipment gets the copyright would have been fair.  Zapruder owned the film that inadvertently caught President Kennedy having his forehead shot off, and it made him rich. Slater’s claim just goes a step further: Zapruder left the street  to buy a hotdog, put his camera on on a trash can and asked a friend to “watch it,” and a dog turned the camera on, catching the grisly scene. So Zapruder doesn’t own the film anymore? Does that make sense to you?

Well, that was the ruling anyway. Then things got really ridiculous. Slater included the monkey selfies in a book, and People for the Ethical Treatment of Animals (PETA)  brought a law suit against Slater on behalf of the monkey,which PETA claims is named Naruto, and asked that PETA be appointed to administer proceeds from the photos for the benefit of Naruto and other crested macaques in the reserve on Sulawesi. So PETA would suddenly be the de facto copyright holder. Continue reading →