Morning Ethics Warm-Up: 7/22/17

Good Morning from sunny Daytona Beach, Florida, where I recently arrived to prepare for an ethics seminar I will be giving to a most ethical law firm. Ironically, the law firms that least require my guidance are the only ones that hire me. The law firms that desperately need ethics training don’t care.

1. Today in line (Group 6) to board my 6:45 AM American Airlines flight and wishing I were dead, my eyes were treated to the brilliant yellow jacket being worn by a young woman in front of me. In part because I wasn’t awake, I blurted out, “Thank-you for that jacket! The yellow is exactly the stimulation I need right now!” She smiled broadly and said, I think sincerely, “Thank you!” And suddenly I was reminded of the  phony anti-Trump outrage of ten days ago, when the President allegedly embarrassed the nation and showed that he was a pig by daring to say to Mrs. Macron, “You’re in such good shape!”

By the reaction across the media, you would have thought he said, “What a great rack!” while drooling. There is nothing inherently inappropriate abut a spontaneous compliment on a woman’s appearance. It’s dangerous in the workplace, because there are women who are locked and loaded to cry harassment at such comments, no matter how mild or innocent, and if a women feels harassed, sayeth the law, you’re probably a harasser. However, actual human interaction involves reading people and situations, and every one is different.

Trump’s comment can easily be justified. I’m sure he’s used to women feeling like trolls when forced to stand next to his model wife, and a sincere sounding compliment is probably well-received. I was once passing through a receiving line that included a woman whom I had not seen for a year or so, and she had lost a great deal of weight. “You look great!” I said without thinking every hard about it. She appreciated the compliment; she had worked hard to lose the weight, and was glad I not only noticed, but that I said so.

Another encounter came when a young woman got on the elevator with me at a hotel a few months ago. She was wearing a sleeveless something or other, and her bulging biceps were hard to ignore. “Nice guns!” I said. She responded immediately with, “Thank you! I worked hard for them. Most guys think they’re gross.”

“Nah, they’re just insecure,” I said. “Being jerks. Don’t let them discourage you.”

“Thanks for that too!” she said, smiling, and got off on her floor.

Lots of factors go into whether a compliment is taken as a benign social gesture or a rude salacious intrusion. My actors in the ProEthics sexual harassment seminars do a skit in which “Good morning” is delivered in a way that could be sexual harassment, and “Wow, you look terrific this morning!” is said in a manner that raises no red flags at all. A chraming and skilled speaker can make comments that would have gotten me thrashed by that female bodybuilder sound like a sonnet. Continue reading →

Incompetent Elected Official Of The Month: Senator Chris Coons (D-Del)

I find it hard to accept that Senator Chris Coons, graduate of Amherst and Yale (MA, JD) can really be an idiot. But when you go on cable news shows and utter a flat-out idiotic statement repeatedly as Coons did today, you can’t be allowed to get away with it.

The latest Donald Trump high crime (Monday it was because he’s fat) was that he dared to have a second, unpublicized, informal  meeting with Putin at the G-20. Since everything Trump does or says is a scandal, CNN and HLN were reporting this like Putin and Trump were found nude in bed together, despite the fact that nothing in the world stops the President of the United States from talking to anyone he wants to, for any reason. Never mind, Senator Coons told CNN, shaking his head somberly like Angela Lansbury would do on every episode of “Murder She Wrote” when she discovered that some old friend had offed someone. The problem, Coons said, was that  Trump didn’t bring a US translator and relied on Putin’s, which the Senator called a “basic failure in terms of national security protocol.” How so? he was asked. Coons replied that there was no way for Trump to know, without his own translator, if the Russian translator was accurately translating what Trump said and whether what Putin said was accurately translated to Trump.

Think about this for a minute, as I hope Coons did not.

First of all, Putin speaks English and understands it, by all accounts. A translator who misled Trump would be asking for a one-way trip to Siberia. So that’s extremely unlikely. Equally as unlikely would be a translator intentionally misrepresenting what Trump said to Putin, for the same reason. Trump would also not know whether a U.S. translator was interpreting accurately, though Putin would. The President allowing Putin’s translator to go it alone might be a gesture of trust to the Russian leader. Whatever it is, it’s not a scandal, and all “basic failure in terms of national security protocol” means is “that’s not the usual way we do it.”

The way they usually do it, apparently, is have someone present at all Presidential meetings who will leak what was said to the news media.

But keep crying “wolf,” Democrats, news media. I’m sure it will work for you. No, really. It’s a great strategy.

The Unethical Fine Print Game

I am on record as believing that lawyers who intentionally assist their clients in burying unconscionable, unenforceable or unfair terms in standard contracts, usually in fine print, are unethical, and engaging in a professional violation of the Rules of Professional Conduct. I’ve offered several seminar hypotheticals on the topic to make my point, and have never encountered a lawyer who had a good defense for the practice. Usually the best they can come up with is “everybody does it” or “but it’s legal!” Of course, the bar associations are on their side, not mine, because, well, everybody does it. That’s a proverbial can of worms the bar associations don’t have the guts or integrity to open. What else could it be but unethical, however, when a client company says, “Make sure you bury this provision saying that they have no recourse if we cheat them in the fine print!” and the lawyer says, “But that’s unenforceable!” and the client says, “Yeah, but they won’t read it before signing, and when we point out that they did agree to it, maybe it will scare them off,”  and the lawyer shrugs and says, “Whatever you say! It’s your contract”?

WiFi companies are especially egregious in this regard. As an effort to show itself as above the field and avoiding the unethical industry practice, a British WiFi company, Purple, ran  a social science experiment, inserting language in its standard contract that obligated consumers to clean toilets at festivals and clear sewer blockages.  22,000 people signed up anyway. The contract stated–in fine print—that its signatories would be legally required to perform 1000 hours of community service, including, but not limited to, “cleaning toilets at festivals, scraping chewing gum off the streets” and “manually relieving sewer blockages.”

The gag clause was inserted in the company’s terms and conditions for a period of two weeks, “to illustrate the lack of consumer awareness of what they are signing up to when they access free WiFi .” Purple also offered a prize to anyone who actually read the terms and conditions, and found the “community service clause.” Only one person won it. Continue reading →

Morning Ethics Warm-Up: 7/17/17 [UPDATED]

Good morning, everyone!

1. President Trump is upset about an ABC-Washington Post poll that among other things indicates that 70% of those polled believe that he has acted “un-Presidential” since being elected. Several analysts have suggested that pollsters have slanted their polling pools toward Democrats (remember the election?), but my question regarding this poll is, “What the hell is the matter with the other 30%?”

How in the world could anyone conscious argue that Trump is “Presidential,” other than on the rather technical basis that since he’s President, what he does is by definition Presidential? It would be mighty nice if an aide, a Cabinet member, a daughter, a White House chef or someone would explain this to him, but I’m convinced: he doesn’t get it, he won’t get it, and what weve  seen is what we’ll continue to get.

2. ALERT! The forgoing was written after I was fooled by a fake news site, aided and abetted by Instapundit, which either was also fooled or linked to the site as its own joke.  Thanks to reader Tom Adams for being  more alert than I was and quickly flagging this.

And by the way, screw them. I’m taking off the link, and I will probably give the site an Unethical Website designation. The only hint that the site is a hoax site is the other stories (“GOP Adopts Christie’s Sad, Bewildered Face As New Party Mascot”), but I read dozens of stories every day, and if i stopped to check all the other boxed and highlighted pieces I would never have time to do my job. There is nothing on the home page designating the site as satirical. Unethical.

I apologize to anyone I led astray. Somebody alert Instapundit. I’m not speaking to it.  Here was the original post…

That said and mournfully accepted, he won, he’s President, and the fevered efforts to somehow turn back time (I would not be surprised to see a new Bon Jovi Direct TV ad on the subject)  by “the resistance,” the Democrats and the news media are profoundly anti-democratic. This is what Jake Tapper was alluding last week with his tongue stuck so firmly in his cheek that it almost broke through his face. “The conspiracy goes much deeper than anyone expected,” Jake Tapper said on his news segment “The Lead.” “We’re talking tens of millions of people involved in this secret plot to make sure Hillary didn’t make it into the White House and to prop up Donald Trump as the winner….It’s far more sinister than we thought.”

Yes, some conservative websites and others took Tapper’s pointed gag seriously. This tells us…

…how little trust CNN has left with many Americans..

…how dumb a lot of conservatives are…

…why broadcast news hosts and reporters, even fair and clever ones like Tapper, should avoid sarcasm, satire, or facetious statements, and stick to the facts.

…Jake Tapper should get away from CNN before its toxic culture ruins his reputation. Continue reading →

Morning Ethics Warm-Up: 7/16/2017

 Isn’t it a lovely morning?

1. This isn’t the first post of the day: I woke up around 4 AM and couldn’t get back to sleep (“As My Guitar Gently Weeps” was playing over and over in my head, don’t ask me why, and images from the Red Sox 16 inning loss to the Yankees was giving me the night terrors), so I went to the office and wrote this post. Charlie Green, critic and friend, properly pointed out that my comment in passing that incorrectly alluded to rumors about Joseph P. Kennedy being a bootlegger was exactly what my  post was criticizing David Brooks for doing in his attack on the entire Trump family, going back generations, a truly ugly op-ed.

What I was sorely tempted to say was that I’m just an ethics blogger, trying to focus attention on ethics standards in a daily blog from which I receive no income and intangible professional benefits if any. I mange to get 2000-4000 words published every 24 hours, working in short bursts while I try to earn a living, run a business, do research and be as good a father and husband as I can be. I have no editors, no researchers (except generous volunteers) and my blog is not a “paper of record” for journalists, seen by millions and paid for by subscribers. Is it really fair to hold Ethics Alarms to the same standards as David Brooks and the New York Times?

Make no mistake: my own standards are that no typo, no misstated fact, no misleading argument, are acceptable on an ethics blog, or any blog, or anything published on the web. Charles was right: using an unproven accusation of long-standing (Until Charles flagged it, I thought the bootlegging charge was a matter of public record) undermines my case against Brooks. Nonetheless, Brooks has absolutely no excuse. This is all he does, he has all week to produce a column or two, and he has a staff.

I’ve also corrected my error within hours of making it. What are the chances that Brooks and the Times will ever admit that they intentionally impugned the character of Fred Trump using rumors and innuendo as part of their ongoing effort to demonize the President of the United States?

My guess: Zero.

2. The big story this morning appears to be O.J. Simpson’s parole hearing. Will he be paroled and released after serving just nine years of the three-decade sentence he received for his participation in a burglary? Assuming that it is true that O.J., now 70 and unlikely to stab any more ex-wives and innocent bystanders to death, has been a model prisoner, yes, that would be the ethical result. O.J. got away with a double murder—he will not be asked at the hearing, “Once you’re out, can we assume that you’ll renew your relentless hunt for the real killer?”—but he wasn’t put in prison for that crime. Officially, he’s innocent. His fellow burglars were all put on probation, while the judge threw the book at the former football star, presumably to exact a measure of societal revenge for Nicole and Ron. The sentence was unethical. I don’t feel sorry for O.J. at all; I’m glad he had to serve hard time, just as I would have been happy if he had been squashed by a meteor. Justice, however, demands that he go free.

The bastard. Continue reading →

The Unexposed Ethics Outrage On The Edges Of The Trump Jr. Meeting Controversy

The Sergei Magnitsky Rule of Law Accountability Act  allows the U.S. President to impose visa sanctions and asset freezes on human rights abusers who kill, torture or violate the rights of human rights defenders, as well as government officials responsible for acts of significant corruption. The law and its various amendments that expanded its reach are at the heart of the sanctions currently being enforced against Russia. It was this law, and Russian efforts to blunt its force, that apparently was the real reason that Donald Trump Jr. was induced to meet with an indefinite number of Russians, Russian-Americans, and various individuals “connected” to the Russian government, the list of which is currently expanding like the roster of women allegedly raped by Bill Cosby.

The news media doesn’t seem to feel the Magnitsky Act is anything the public needs to know, perhaps because Donnie Jr. didn’t know much about it, if anything. The stories about his aborted meeting typically mention the Act briefly and without elaboration. They really don’t elaborate on Putin’s retaliation for the Act, which was to stop U.S. adoptions of Russian orphans. (I wrote about this indefensible conduct by Russia at the time, in 2012. The post had a grand total of eight comments. Five years was too long to wait for an update, and I’m sorry. Of course, we are supposed to have responsible and competent professional journalists to keep us informed. )Russia had been one of the primary sources of foreign adoptions by childless U.S. parents before 2012, when the Russian strong man retaliated against loving U.S. parents to show his annoyance with our government and his support of corruption at home.

It’s worse than that, though. The real victims of Putin’s retaliation are his nation’s own, innocent, most vulnerable children. There is virtually no domestic adoption in Russia, because parents can’t afford the children the have. There are lots of orphans though, because parents can give up infants they can’t care for, and the government is quick to remove children it believes are abused or neglected. Unfortunately, once these children are warehoused, there is no way out. The orphanages are underfunded and over-crowded. Once the children “age out,” they are sent to live in hospitals, clinics and other Russian institutions ill-equipped to care for them, and eventually dumped out into the street, where they often are abused or turn to crime. Continue reading →

Soccer, Civility, And Mexican Fan Ethics

During Mexico’s matches at the Gold Cup, the regional championship soccer tournament being played across the United States this month,  Mexican fans have been chanting the word “puto,” typically a slur used in Mexico to mock  gay men. The chant has become routine at Mexican national team soccer matches, and officials and many fans are embarrassed by the vulgarity and homophobic innuendo. Soccer officials of the Fédération Internationale de Football Association (FIFA) have warned and fined Mexico eight times already, but the chant survives. Gold Cup Tournament organizers asked players to read a pledge urging fans to set a civil a example for children. Security officials were authorized to eject fans who shouted it. They even installed a technical device to block the chant from being audible in TV broadcasts.

Never mind. Fans are still bellowing the anti-gay slur at opposing teams and players, maybe more enthusiastically than ever. What’s a soccer federation to so?

For the Confederations Cup in Russia last month, the FIFA tried to get tough and announced a three-step program to discourage the chant. The first response to “Puuuuut000o!” was  a public address announcement at the stadium, warning fans to stop or else.  If the chant continues, which it will and did,  the referees can stop the match until the chants subside. That won’t work either. I know fans. They will think that letting the game start and then having to be halted again because of what someone yells is hilarious. Finally, if all else failed, the referee can go nuclear and stop the match completely, sending everyone home. Continue reading →

Observations On The Trump Jr. “Collusion” Attempt [UPDATED]

1.  Preet Bharara, the ex-U.S. attorney fired by the Trump Administration, tweets…

Quick reminder: something doesn’t have to be illegal for it to be foolish, wrong and un-American.

True. When Donald Trump, Jr. was informed that a Russian lawyer wanted to meet with him to pass along damaging information about Hillary Clinton, he should have gone to the FBI immediately, because this could have been indicative of a national threat. Instead he said “Whoopie!” or words to that effect. Moron.

But we knew that.

*Notice of Correction: In the original post, I erroneously stated that Bharara had joined Mueller’s team investigating Russian interference with the election. That was incorrect. I apologize. I was confused by this headline from the Washington Examiner: Special counselor adds former Preet Bharara prosecutor to Russia probe: Reports. It’s a bad headline, but I should have read the whole article. Careless.

2. Similarly, if Danny Jr told Kushner and Manafort what he was told the meeting would be about, THEY should have told him that the meeting was a bad idea, and to report it. They are slime-bags, and none too bright either.

We knew that, too.

3. It may be pure moral luck that this didn’t turn into a serious breach of election laws. But the fact is that no information changed hands, as far as we know. There was no “collusion,” which isn’t a legal term anyway.

4. The New York Times, from its good side, actually detailed the legal realities of the case, which ironically show how absurdly over-heated and misleading its own coverage is. The Times consulted with legal experts who said,

  • The events made public in the past few days are not enough to charge conspiracy.  Renato Mariotti, a former federal prosecutor said the revelations are important because if further evidence of coordination emerges, the contents of the emails and the fact of the meeting would help establish an intent to work with Russia on influencing the election…at least on Donald Trump Jr.’s part.

But as has been the situation throughout, the episode is still waiting for real evidence of genuine collusion between the Russians and the Trump campaign, and this wasn’t it. The anti-Trump mob, in the news media and out of it, is so, so eager, so desperate, to prove sanctionable wrongdoing that it is pouncing on everything that contains a shred of hope.

  • There has to be an underlying federal offense that is being conspired to be committed. So far, there is no evidence of that, and the aborted meeting with the Russian lawyer didn’t come close.

If the e-mails released yesterday specified that what was being offered had been obtained by an illegal computer hack, that would  be enough. They didn’t. Continue reading →

The Good Luck Jet Engine Sabotage

China Southern Airlines Flight 380 from Shanghai to Guangzhou was held up at the Shanghai Pudong International Airport after an elderly female passenger threw coins into the plane’s engine to ensure “good luck.” An investigation into the incident is under way, the airlines says.

This bizarre story raises a serious and difficult ethics question. At what point should there be severe societal penalties for egregious life incompetence?

The elderly are obviously the most prone to this sort of thing. At some point many of them just stop paying attention, or lose the ability to keep up. In criminal law, we do not typically punish people for harm they do as a result of ignorance, but there are limits. There have to be.

I have a long delayed post on life competencies on the Ethics Alarms drawing board; it will eventually be a permanent free-standing page, like the Rationalizations List. The topic is difficult. What skills and knowledge are all of us obligated to have, if not master? If our inattention to Continuing Life Education makes us menaces to society, how should society respond? With pity? Sympathy? Compassion? Pat the fools on the head, and give them a stipend?

Being an ethical member of society mandates being able to participate in society’s activities without constantly screwing up. That, in turn, requires a level of personal responsibility. Society needs reasonable, fair, not overly harsh or intrusive ways of persuading everyone to meet this minimum requirement of citizenship. What are they?

It doesn’t have to be as ludicrous as an old lady nearly crashing a jet by throwing good luck coins into its engine, either. As we are increasingly dependent on technology, and as technology moves up a J curve, the damage that can be done by, just to take a wild example that could never happen, someone in a sensitive position using “password” as their computer password, thus enabling a foreign governments to steal confidential data and use it to set off an Ethics Trainwreck, is terrifying. How does a responsible society send a message that is sufficiently persuasive to people before they blunder into chaos ?

I don’t know the answer yet.

I’m just asking.

And now, a song!

Three coins in the engine
Each one risking air distress
Thrown by one stupid granny
How should she pay for the mess?

Three coins in the engine
Each as deadly as the first
There they lie in the engine
See the flames there as they burst!

Which will make the airplane crash?
Which will make the airplane crash?

Three coins in the fountain
Through the turbines how they shine!
Just one wish will be granted
Hope the charred corpse isn’t mine…

 

________________________

Pointer: Fred

Source: Boing Boing

Morning Ethics Warm-Up: 7/10/17

Morning, All!

(That’s a Flat Earth sunrise! I couldn’t resist...)

1. I’m encountering Ethics Alarms ethics alarms. For example, is it unethical for me to choose not to fix the typos in a comment from an obnoxious commenter? I generally fix mistakes when they turn up in comments from regulars here, or missing words and letters in first posts by newcomers. But the other day an annoying commenter of recent vintage registered a comment that seemed as careless as it was badly reasoned, and had several typos.Yeah, I fixed them. But I didn’t want to.

Then, after a long period without any blog banishments, I banished a commenter yesterday whose first post was really poor, and whose last was insulting in response to my pointing out just how poor it was. As I told him in the exit response, he had triggered The Stupidity Rule. I really don’t allow stupid people to comment here once I determine that they are hopeless. Is that wrong? Elitist? Mean?

I don’t want to keep explaining things to people whose comments indicate that they have preconceived notions, unshakeable biases, inadequate education and training in critical thinking, and are under the impression that an uninformed opinion is worthy of publication because it’s theirs. Yesterday’s exile also made the fatal error of criticizing the blog because it was “judgemental.” Yes, it’s a blog in which we analyze whether conduct is right or wrong, or something else. That demands judgment, and being judgmental. The fact that the matter at issue was a lawsuit—you know, before a judge?—and the commenter still made that observation anyway sealed his fate, even before he wrote that I was bald and presumably “repulsive to women.”

Wait…I’m bald???

2.  The University of Missouri, aka Mizzou, is in crisis as a direct result of its administrators craven capitulation to race-based extortion triggered by general angst and the Ferguson Ethics Train Wreck in 2015. Before the protests (which were based on nothing specific at the University that was ever demonstrated by the protesters, other than the President refusing to bow to demands that he condemn random reported racial incidents that didn’t involve students), Mizzou was thriving, growing, and building new dormitories. Now, in response to the nationally publicized meltdown of common sense and adult supervision (climaxed by a  protester-allied communications professor, Melissa Click, being caught on video calling for “some muscle” to prevent a student reporter from recording an ugly campus confrontation), enrollment is down 30%. The university is  closing seven dormitories and cutting more than 400 positions, including  faculty members.

Good.  But from the comments of students and remaining faculty members, it doesn’t sound as if the right lessons have penetrated the campus culture’s race-addled skull. Continue reading →