Around the World

Ethics Catch-Up 11/14/2009: Better Late Than Never

/ Jack Marshall / 28 Comments

Good morning!

Good Afternoon!

Good Night!

I started this post at about 10 am, and again, and again, and each time another post topic intervened, pushing the daily Warm-Up from the beginning of the day to the end of it…

1. Yet another shield becomes a sword…Add caller ID to the list of useful developments ruined by unscrupulous technology. I was recently tricked by what my phone said was a call by the Social Security Administration, and it included a phone number that I had recently received a legitimate call from, via an agent. This call was a scam. Investigating, I found that there are inexpensive apps available at the Android and Apple app stores with no limitations on who can purchase them that have few if any legal of legitimate purpose. SpoofCard, TraceBust, Fake Call Plus and more  allow a caller to enter any ID they choose, and any number. They also offer menus of background sounds, various voice pitches and other features to facilitate fraud.

When ethics fail, the law must step in, and these apps should be illegal.

2. Mona Lisa Ethics. “Leonardo’s painting is a security hazard, an educational obstacle and not even a satisfying bucket-list item. It’s time the Louvre moved it out of the way” shouted a New York Times sub-headline.” It’s hard to argue with the article’s conclusion….or its author’s contempt.  Here’s a photo of the typical crowd in the Louvre’s room where the Va Vinci painting is exhibited:

The Times observes…

Content in the 20th century to be merely famous, she has become, in this age of mass tourism and digital narcissism, a black hole of anti-art who has turned the museum inside out…Relocated to the Richelieu painting wing, the Mona Lisa reduced the museum’s Flemish collection into wallpaper for a cattle pen, where guards shooed along irritated, sweaty selfie-snappers who’d endured a half-hour line. The overcrowding was so bad, the museum had to shut its doors on several days. “The Louvre is suffocating,” said a statement from the union of the museum’s security staff, who went on strike…[The author] went up with the crowds recently. Things were no better. Now, you must line up in a hideous, T.S.A.-style snake of retractable barriers that ends about 12 feet from the Leonardo — which, for a painting that’s just two and a half feet tall, is too far for looking… visitors…could hardly see the thing, and we were shunted off in less than a minute. …Pathetic new signs [read]: “The Mona Lisa is surrounded by other masterpieces — take a look around the room.”

Morons. These are the fruits of celebrity culture and the spread of the sick addiction to self-celebration. Taking selfies of an art masterpiece only has the objective of proving an idiot was there, for other idiots who are impressed. Meanwhile, those who might really appreciate the painting are  prevented from doing so. Continue reading →

There Were Many Good And Ethical Reasons To Fire Don Cherry

/ Jack Marshall / 40 Comments

Canadian hockey commentator controversies are not usually news stories in the U.S.–thank God—but yesterday was an exception. Broadcaster (and former NHL `player and coach—I remember him from his days coaching the Boston Bruins) Don Cherry, 85, who has the fame and following that few U.S. sportscasters ever attain (Howard Cosell, perhaps? Curt Gowdy? Vin Scully, maybe?) talked himself out of a job by using his “Coach’s Corner” segment on the “Hockey Night In Canada” TV broadcast to criticize Canadian who didn’t wear poppy pins to commemorate  the nation’s Remembrance Day, the counterpart to Memorial Day in the states. Veterans groups sell the pins, which signify recognition of the sacrifice of soldiers who died  in service of the nation.

In typical rambling fashion, Cheery had said,

“I live in Mississauga [Ontario]. Very few people wear the poppy. Downtown Toronto, forget it. Nobody wears the poppy. … Now you go to the small cities. You people … that come here, whatever it is — you love our way of life. You love our milk and honey. At least you can pay a couple bucks for a poppy or something like that. These guys paid for your way of life that you enjoy in Canada. These guys paid the biggest price for that.”

The presumed translation of the brief rant was that  Cherry was criticizing immigrants (“You people”…”who come here”) for being unpatriotic and too cheap to buy a pin as a gesture of thanks and respect to fallen soldiers. Social media and most of the Canadian sportswriting community immediately condemned the remarks, and called for Cherry’s dismissal. Continue reading →

Veteran’s Day Ethics Warm-Up, 11/11/19: Wishing My Dad Hadn’t Died Before He Figured Out How To Comment On Ethics Alarms…[CORRECTED]

/ Jack Marshall / 14 Comments

Pop Quiz:

How many military veterans are currently running for President in 2020?

Answer: Two…Rep. Tulsi Gabbard (D-Hawaii), and South Bend Mayor Pete Buttigieg.

[Correction notice: I forgot about Pete in the first version of the post. Thanks to Jutgory for the catch, and thanks to Mayor Buttigieg for his service.]

1.  Here’s that “violating democratic norms” Big Lie again. This one was flagged by Ann Althouse (Thanks, Ann!)

U.S. District Judge Paul Friedman,  an appointee of President Bill Clinton,  said in a speech at  the annual Thomas A. Flannery Lecture in Washington, D.C. last week, “We are in unchartered territory. We are witnessing a chief executive who criticizes virtually every judicial decision that doesn’t go his way and denigrates judges who rule against him, sometimes in very personal terms. He seems to view the courts and the justice system as obstacles to be attacked and undermined, not as a coequal branch to be respected even when he disagrees with its decisions.'”

Althouse comments,

How do you get to be a federal judge and think the expression is “unchartered territory”? That’s a written speech too (presumably). Did he visualize some entity that issues charters authorizing people to speak about the courts in a particular way? You don’t need a license to speak in the United States, and to require one would, ironically, violate our norms. The expression is “uncharted territory,” which would simply mean that Trump is venturing into a new area of speech that we haven’t previously explored and therefore have not mapped…Now, I agree with the idea that Trump’s speech about law is unconventional, but what determines that he has violated all recognized democratic norms? It’s often said that the judiciary is the least democratic part of the government, that it’s countermajoritarian. So what are the norms of democracy that say a President should not criticize the courts?! You might just as well call this purported norm a norm of anti-democracy.

Anyway… the weasel word is “recognized.” It takes all the oomph out of “all.” Trump’s speech about judges violates “all recognized democratic norms.” Who are the recognizers? The judges? Judges certainly have a role talking about democratic norms, which are often part of the determination of the scope of the judicial role: Judges refrain from doing what is left to the processes of democracy. But part of democracy is speech about government — which includes the judges — and that speech is not limited to flattering and deferring to them. It does not violate the norms of democracy to criticize and attack judges.

Bingo. And it is because of judges whot say these sorts of things that the President is not unreasonable to accuse the judiciary of  bias. Ann chose not to mention that this was also a “norm” breached by Barack Obama, more than once, but I will, the point not being “everybody does it,” but that to this judge and others, what Obama did was apparently only objectionable when Trump did it too—a common theme in the anti-Trump propaganda of the last three years. Continue reading →

A Veteran’s Day Revelation: How Did I Not Know This About D-Day? [UPDATED]

/ Jack Marshall / 19 Comments

After all these many years of reading about and watching movies and TV shows about D-Day, June 6, 1945,  I discovered how the US Navy saved the invasion and maybe the world only yesterday, thanks to stumbling upon a 2009 documentary on the Smithsonian channel.

If you recall the way the story is told in “The Longest Day” and other accounts, US troops were pinned down by horrific fire from the German defenses on Omaha beach until Gen. Norman Cota (Robert Mitchum in the movie) rallied them to move forward, and by persistence his infantry troops ultimately broke through. Yet it was US destroyers off shore that turned the tide of the battle at Omaha, an element that isn’t shown in “The Longest Day” at all.

Though it was not part of the plan, the captains of the Navy destroyers decided to come in to within 800 yards of the beach and use their big guns at (for them) point blank range to pound the German artillery, machine gun nests and sharpshooters. The barrage essentially wiped them out, allowing Cota’s troops to get up and over without being slaughtered. I’ve never seen that explained or depicted in any film, and according to the Smthsonian’s video, apparently was part of the story that had been inexplicably neglected. No monument to the US Navy commemorating its contributions on 6/6/44 was erected at Normandy until 2009.

Here’s the relevant part of account from the  Naval History website on “Operation Neptune,” the Navy counterpart to Operation Overlord: Continue reading →

Netflix’s “The Laundromat” And Money Laundering Ethics

/ Jack Marshall / 2 Comments

Now streaming on Netflix, “The Laundromat” is an entertaining and flamboyant  examination of the phenomenon and roots of international money laundering, brought to us by director Steven Soderbergh (“Erin Brockovich,” “Traffic”) using a screenplay by Scott Z. Burns. The often tongue in cheek film is narrated by actors Gary Oldman and Antonio Bandaras playing lawyers Jürgen Mossack and Ramón Fonseca , whose now defunct firm set up tax shelters and shell corporations for the rich, corrupt and criminal  all over the world. Their empire was shattered by the Panama Papers data dump in 2016.

The film’s tone veers from smug to blunt as it focuses on three adaptations of true stories involving  Mossack Fonseca clients, all narrated by the excuse- and rationalization-spouting lawyers, the real life versions of which tried to sue to halt the production.

“The Panama Papers” as they are now called consisted of 11.5 million leaked documents that detailed financial and attorney–client information for more than 214,488 offshore entities, many of which were legal, but that supported fraudulent schemes and other crimes.  The documents were the property of  Mossack Fonseca. Even now, the fall-out from the release of the documents is unclear, in large part because so many of them involve attorney-client privilege, and the rules and laws governing their legal handling are spread over many nations, laws and ethics rules. The leak itself was a crime, and the hacker responsible, who goes by the name of “John Doe,” has never been identified.

This is an international ethics train wreck, and one that is so complicated that I didn’t cover it in 2016. That was ethics commentary malpractice on my part, I think. It was the biggest ethics story of the year, even if it is still largely unresolved.

Whether the law firm itself broke any laws is still a matter of debate. As Oldman and Bandaras constantly remind us, Mossack Fonseca set up arguably legal structures, and, they claim, didn’t know or care how they would be used. This is still a gray area of legal ethics in the U.S., one that was highlighted when “60 Minutes” broadcast its Global Witness episode in 2016 . Partners in eleven large Manhattan  law firms were caught on hidden cameras  exploring possible ways to represent an individual posing as the agent of an “African despot” seeking ways to launder millions of dollars. The ethics rules say that a lawyer may not knowingly assist a client in a crime or fraud, but contrived ignorance can be an effective, if unethical, device for lawyers to avoid  accountability when representing  unsavory (but profitable) clients.  Remember, Enron’s law firm avoided any sanctions, while the company’s accounting firm, Arthur Anderson, was prosecuted and destroyed.

No, Ethics Alarms didn’t cover the Global Witness scandal either, though I have talked about it in legal ethics seminars ever since. Clearly, money laundering has not had proper priority here. Again, my fault. I’ll do better. Continue reading →

Morning Ethics Warm-Up, 11/6/19: Goose Shit!

/ Jack Marshall / 14 Comments

Good morning!

My best friend of long standing’s  favorite singer is Nat King Cole. He really doesn’t sound like anyone else, does he? I wonder how many millennials have heard his amazing voice, or would have the perspective to appreciate it.

Speaking of listening, I was prompted this morning to reflect on what a vital life-competence skill listening is. It is really an acquired skill: various Facebook discussions make it clear that most of the Facebook Borg warriors are no longer listening (or otherwise paying attention) to any information that doesn’t bolster their confirmation bias.

What made me think about this today was happening upon an early morning showing of “Casablanca” on Turner Movie Classics. I must have seen the classic a hundred or more times since  first watched the whole movie in college, and yet today was the first time I heard what “Rick” Blaine’s real first name was. All the other times I watched the movie, this passed by my consciousness without leaving a trace, but his real name is used three times. (Hint: it’s not Richard, though that’s what Ingrid Bergman calls him…)

1. A great President in many ways, but also a terrible human being. Watch the culture and the news media bury this. “The Jews Should Keep Quiet: Franklin D. Roosevelt, Rabbi Stephen S. Wise and the Holocaust,” a new book (published in September) reveals new archival evidence that shows FDR’s callous and bigoted treatment of European Jews prior to and during the Holocaust. I know the author, Dr. Rafael Medoff of the David S. Wyman Institute for Holocaust Studies, as a result of his assisting The American Century Theater with several productions that involved the Jews and Israel.

The book’s revelations are not shocking to anyone who had looked at the evidence objectively even before this new material, but Roosevelt is a hallowed Democrat Party icon, and it has been, and I assume will continue to be, resistant to any effort to inform the public of this horrific moral and ethical failing, one of  many FDR was guilty of inflicting.  From a review: Continue reading →

Sunday Ethics Fallback, 11/3/2019: Poisoning Children For Their Own Good, And Other Alarming Developments

/ Jack Marshall / 7 Comments

Whatever time it is…

1. Not exactly a shock, but we now know Ruth Bader Ginsburg lied in her 1993 Senate confirmation hearings. At a Georgetown Law Center event last week featuring both Clintons and Justice Ruth Bader Ginsburg, Bill Clinton told the audience that he queried the Justice-to- be about Roe v. Wade before nominating her to the Supreme Court in 1993:

[Ginsburg] knew this perfectly well, that I was under a lot of pressure to make sure I appointed someone who was simon-pure, which I had said I thought was important. But I was fascinated by a—either an article I had read or something I had read on Justice Ginsburg saying that she supported the result in Roe v. Wade but thought Justice Blackmun should have decided the case on the equal protection clause not the right to privacy. And I asked her the question and she talked about it just as if it was any other issue, no affect: “This is what I think, this is why I think it,” and she made a heck of a case.

That’s odd, because one of the written questions she responded to in the process was…

Has anyone involved in the process of selecting you as a judicial nominee (including but not limited to a member of the White House staff, the Justice Department, or the Senate or its staff) discussed with you any specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning your position on such case, issue, or question? If so, please explain fully.

And the now-revered Ginsburg replied,

It is inappropriate, in my judgment, to seek from any nominee for judicial office assurance on how that individual would rule in a future case. That judgment was shared by those involved in the process of selecting me. No such person discussed with me any specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning my position on such case, issue, or question.

Yet the former President directly contradicted this, in Justice Ginsberg’s presence.

2. Further lives unborn ethics notes: Continue reading →

Observations On The Washington Post Op-Ed, “Why America Needs A Hate Speech Law”

/ Jack Marshall / 34 Comments

Richard Stengel, a frequent contributor on MSNBC, a former editor of Time magazine, and the  State Department’s undersecretary for public diplomacy and public affairs in the Obama administration from 2013 to 2016 wrote this embarrassing, anti-free speech screed.

Observations:

1. In the past I have criticized newspapers and other publications for publishing irresponsible opinion pieces. This time, I want to thank and praise the Washington Post. Either intentionally or inadvertently, it has performed a public service by using its op-ed pages to expose the hypocrisy, intellectual bankruptcy, ethics ignorance and relentless totalitarian rot of their own ideological compatriots.

2. I might say the same about  Stengal, but he really seems to think that he is making a persuasive case. Imagine: a man whom President Obama  and his Democratic administration trusted as a high level State Department official  can make an argument like this…

Why shouldn’t the states experiment with their own version of hate speech statutes to penalize speech that deliberately insults people based on religion, race, ethnicity and sexual orientation?

Why, Richard? Oh, gee, I don’t know…maybe because “insult” is a completely subjective standard? Perhaps because Massachusetts, Vermont,California, and Oregon might decide that arguments against climate change cant is hate speech, like Holocaust denial? Maybe  because the 14th Amendment prohibits states from abridging the Bill of Rights? Continue reading →

Sunday Ethics Warm-Up, 10/27/2019: The Grant Viktor Bowen Marshall Birthday Edition

/ Jack Marshall / 21 Comments

Samara Orphanage #2, where we found our son,

It’s a good day.

On this date in 1994, my son Grant was born in Russia. His mother, who was unmarried, did not abort him as many women in her position might have and do, but chose to give him up to be cared for the state, as she declared under oath that she could not. For six months, he lived in one of the packed and underfunded orphanages in Samara, near Moscow. Samara is among the most depressing places I have ever visited, only slightly edged out on my list  by Lorton Penitentiary in Northern Virginia, now shuttered, and Lagos, Nigeria.

Our adventure adopting Grant is too long and involved to record today, but I need to do that. Boris Yeltsin was closing down international adoptions, and we were in a group of four American couples racing to rescue some kids before the gates closed for an unknown period. Children were (and are) seldom adopted in Russia by Russians, and usually they end up warehoused until they reach 18, when they are released to the street. Samara was, it is fair to say, a true hell-hole, lacking drinkable water, businesses, and basic infrastructure. The nurses and administrators running the orphanages were kind, caring and dedicated, but they were also desperate. They tried every tactic imaginable to persuade Americans to adopt multiple children. I am still haunted by the faces of the kids that were introduced to us, and who we left behind. I don’t want to think about.

After a week of being shuttled and raced around the Russian bureaucracy, bribing officials with clocks and silverware, Grace and I made it to the U.S. Embassy with our new son and the necessary papers. The documents falsely stated that he was suffering from multiple maladies, the only way an infant could be adopted by foreign parents under the existing laws. In fact, he had been the healthiest baby in Orphanage #2, a trait he has continued into adulthood. He is almost never sick.

Just like Damien in “The Omen.”

We flew back to the U.S. on the “orphan plane,” a regular Moscow-to-New York flight routinely filled with U.S. parents and their adopted Russian children. The sound of crying infants and chattering toddlers was constant the whole flight. It was glorious.

I look at Grant today, a healthy, defiantly independent, iconoclastic young man with a life of opportunities and challenges before him , and reflect upon the kind of life he would be facing in Samara had a series of accidents and random events not brought our family together.

When Grant was 6, he asked me why he was born in Russia (the little sneak had surreptitiously broken into our documents box and read his adoption papers. I told him that sometimes a loving couple’s child would be born in the wrong place, and then his or her parents had to retrieve him. That was what happened with him, I explained. Grant liked that story so much he told all his friends.

The funny thing is, although I made it up at the time, I believe that with all my heart.

Happy Birthday, son.

[It’s also a good day because on this date in 2004, the Boston Red Sox ended 86 years of frustration and won their first World Series since 1918. Grant said at the time that finally he was certain that I would never forget his birthday.]

2. How’s that minimum wage increase working out for everyone? I was in a Taco Bell last night. The chain has added computer ordering, and there was one person behind the counter. Minimum wage increases cost jobs and makes automation cost-effective. It drives small businesses to ruin, and moves low-skilled Americans from work to public assistance. All of this has been well-understood and known for decades, yet the Democratic Party and all of the current Presidential candidates still pander to organized labor the economically-challenged by making minimum wage hikes a rich-vs-poor rallying cry. Given that the increases don’t affect the rich at all and hurt the poor, I judge the advocacy and disinformation awfully close to evil. If that’s too harsh, It is certainly unforgivably unethical. Continue reading →

Catch-Up Ethics Warm-Up, 10/22/2019: Updates, Word Policing, And The World Series

/ Jack Marshall / 27 Comments

Late start to the day…

…in part as a hangover from the lively Smithsonian Associates presentation on cross examination with my sister last night. The event was completely sold out, a first among my five Smithsonian programs, and it was an intense two hours, followed by lively questioning from some participants who stayed for nearly an hour to grill us.

1. Good ethics news follow-up: Marlon Anderson, the black security guard who was fired from Madison’s West High School last week for protesting being called “nigger” by  a student, thus triggering an unreasonable, brain-dead and indefensible “no-tolerance”  policy, is being reinstated.

Interim Superintendent Jane Belmore  rescinded the termination less than a week after Anderson was fired. The dismissal triggering intense criticism here and elsewhere, including a student walk-out.  One nice thing about incompetent bureaucracies is that their lazy, thoughtless, unethical actions seldom are accompanied by any real logic or conviction, so they will usually back down, following the path of least resistance.

Still, as Ethics Alarms has asked dozens of times, how can responsible parents trust educators whose judgment is so wretched?

I also want to note that most publications reporting on the story emulated the Wisconsin State Journal, which wrote, “A black security guard who was fired from Madison’s West High School last week for repeating a racial slur a student had hurled at him, in an attempt to correct the student, will get his job back.”

Gee, which racial slur? Isn’t the particular slur an essential part of this story? Was it “negro”? “Uncle Tom”? When is it ever competent journalism to withhold relevant information from readers? Is the theory that the mere word will upset some readers more than the tales of carnage the same publications include daily without censorship? Do we read stories that report, “Someone did something really terrible to 26 people in a church using a weapon of some kind”?

In this case, withholding the crucial word at issue supports the “logic” behind the no-tolerance policy that led to the whole fiasco.

2. In more news of progressive word-policing:  Massachusetts state Rep. Daniel Hunt—Guess what party he belongs to. Come on, guess!  Hey, you have a 50-50 chance of being right!—-has submitted a bill to the legislature that would criminalize use of the word “bitch.” There will be a hearing today on Beacon Hill. Of course the bill is unconstitutional, but why should we expect elected representatives to be able to figure that out?

Meanwhile, the Boston Herald, supposedly the city’s conservative paper (meaning it’s not as left-biased as the Boston Globe) didn’t dare publish the word, writing instead, “the B-word — the term for a female dog that is commonly used to slander women.”

Someone should  tell the Herald that calling a woman a “bitch,” no matter how unjustified, cannot possibly constitute slander. Continue reading →