A Federal Court Reinstates Tom Brady’s Suspension For Cheating

Good.

What Brady doesn't get: When people think you cheated, the smirk is does as much damage as the conduct.

What Brady doesn’t get: When people think you cheated, the smirk is does as much damage as the conduct.

The U.S. Court of Appeals for the Second Circuit appeals court reinstated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady yesterday. This overturned last year’s ruling by U.S. District Judge Richard M. Berman, who had nullified the league’s suspension of the superstar quarterback. The three-judge panel of the appeals court wrote…

“We hold that the Commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.”

It is important to note that the Court only ruled on whether NFL Commissioner Roger Goodell had the power to suspend Brady and did not violate the player’s rights as a players union member by doing so. The NFL’s current deal with the players gives Goodell the kind of power Major League Baseball gave to its first commissioner after the 1919 Black Sox Scandal, when gamblers fixed the World Series. Goodell, like Landis, can use his discretion to punish a player for “conduct detrimental” to the game and the NFL. They did this because a disturbing number of NFL players were getting headlines for doing things that don’t comport with what the public expects of its paid heroes, like sucker-punching women, shooting people, getting in bar fights, and engaging in assorted felonies. The game also has a very successful coach, Brady’s coach, in fact, who has made it very clear that he will cheat whenever he can get away with it..

I’m not going to rehash the “Deflategate” incident: I wrote enough about it when it occurred. Nobody knows for certain if Tom Brady in fact did conspire with Patriots employees to cheat when his team was behind in a crucial play-off game, but we know this: Continue reading

Carolyn Hax Sides With Bobby Darin, And Dazzles With Her Ethics Advice Again

Syndicated relationship advice columnist Carolyn Hax is as trustworthy an ethicist as I know. She doesn’t call herself an ethicist, and probably doesn’t think of herself as one, but she is far better qualified in the field than many with advanced degrees and tenured teaching positions, not to mention the corporate compliance hacks who write Ethics Codes for the likes of Enron. Carolyn Hax is an ethicist and a superb one because she has an innate, instinctive, nuanced and perceptive understanding of right and wrong, as well as remarkable skill at ethical analysis.

She proves this routinely in her weekly columns, but occasionally special attention should be paid. That was the case last week, when she was asked her blessing by an annoyed fiance on a decision to exit the relationship because her betrothed had decided to reject an offer to enter the world of high finance in favor of pursuing a career as a carpenter, concluding:

I’m seriously considering walking away because I think he is being really selfish given the long-term prospects. I am a professional and have supported us through his two-year master’s program. I am at my end here — what do you think?

In as nice a manner as possible, Hax nails what is wrong with this, saying in part: Continue reading

When Counting On Ethics Isn’t Enough: The Delegate Bribery Risk At The GOP Convention

Fortunately, we all know Donald Trump doesn't operate this way...

Fortunately, we all know Donald Trump doesn’t operate this way…

This hasn’t come up before in party nominating conventions, because the last time there was a threat of a brokered convention no billionaires were running. Now, however, with Donald Trump likely facing a battle for delegates at the GOP battle looming in Cleveland, the specter has been raised of horribly unethical conduct being nonetheless legal: bribing delegates.

There are federal and state laws prohibiting bribery of elected officials, and laws making paying for votes illegal in elections. No laws seem to  restrict what private citizens serving as delegates at their parties’conventions can take in exchange for their votes on a nominating ballot, however. The closest, suggests former Bush administration lawyer Richard Painter at the Legal Ethics Forum, is the “theft of honest services” statute 18 U.S.C. § 1346, and it isn’t close enough. Continue reading

Fire Kelly Ripa

LIVE-with-Kelly-and-Michael-TV-show-on-ABC-renewal

On Tuesday of this week, ABC announced that Michael Strahan, the former NFL player who successfully replaced old pro Regis Philbin on the evolving franchise that was once “Regis and Kathy Lee,” was being promoted to the flagship of ABC’s morning lineup, and would leave “Live: Kelly and Michael” in September to become a co-anchor on “Good Morning America.”

For whatever reason, ABC botched the maneuver, failing to let Strahan’s co-host, Kelly Ripa, know about the change until it was announced publicly.

Ripa was angry and insulted, as well as stunned to lose her partner of four years without warning or the courtesy of an explanation. She decided to show her displeasure by skipping work, which is a non-no for a live TV show.  She called in “sick”  before the  Wednesday’s edition of “Live,” and is apparently on a mini-strike for the rest of the week at least. Some sources say that she will refuse to return to her eponymous show until Strahan, whom she now regards as a betrayer, moves on.

ABC pays Ripa a reported $20 million per year, $36,000.00 per episode, and $818.00 per minute of airtime to charmingly babble away an hour of the mid-morning, seldom uttering a memorable thought or witticism. She should fall down on her knees and worship at ABC’s executives’ feet for this boon. They own her, and they don’t really ask much: all she has to do is keep her mentally squishy audience happy, do what she’s told, and show up….and cash a lot of checks. Yes, ABC was tardy in telling her that she was going to have to find a new co-host. Bad ABC. That does not excuse or justify Ripa’s unprofessional breach of her employment contract. Continue reading

“Ick” Or Unethical: The NBA Decides To Let Its Players Be Human Billboards

Classy. I can't wait.

Classy. I can’t wait.

News Item, from ESPN:

The NBA announced… that the board of governors has approved a three-year pilot program to allow teams to sell a corporate logo on their jerseys.

Teams can now start pitching companies on buying a 2.5-inch-by-2.5-inch space as the NBA becomes the first of the four major U.S. sports leagues to put ads on regular game-day jerseys. In an era when virtually every facet of the sports experience is advertised or sponsored, the uniform had been the last ad-free haven.

The first season of the program will be in 2017-18…

“It’s my hope, independent of whatever additional revenues are generated through this patch program, that the greatest impact will be in this amplifying effect of companies choosing to associate directly with a team jersey, then going out and promoting that relationship to the largest market,” NBA commissioner Adam Silver said.

Silver said the league had calculated that the program will be worth about $100 million a year.

Well, ick.

It’s not bad enough that a city’s sports teams have to play in arenas and stadiums named after pet food retailers, banks, car insurance companies and fraudulent corporations rather than local landmarks and community heroes. Now our kids’ heroes will be branded with commerce too…not literally, of course. Not yet.

The NBA has always been the crassest of the major league sports, so the identity of the first league to break one of the last barriers of money-grubbing indignity was preordained. Most of the NBA’s fans, who already don’t mind that the league corrupts college sports and glorifies men who collect illegitimate children the way normal people collect matchbooks, don’t care, so this was not a hard call for the NBA, I would guess.

It’s gross, but is anything wrong with it? After all, NBA players already accept money to put their names on products. It isn’t as if they have an aura of purity about them, and their obvious venality pales in the shadow of game-winning three-pointers and spectacular dunks. What ethical principle is being violated by the NBA turning its players into walking, jumping, shooting billboards? Continue reading

A Conflict of Interest Lesson: The New York Observer’s Donald Trump Endorsement

Trumps

Stipulated: Jared Kushner, who is married to Donald Trump’s daughter Ivanka Trump, and who owns the The New York Observer, which he purchased in 2006, was in a difficult situation regarding the New York Republican primary. (That’s Jared on the right in the photo above.)

He had a clear and unresolvable  conflict of interest. If his paper endorsed Trump, the endorsement would appear to be dictated by family loyalty rather than objective analysis, and would harm whatever credibility the paper has left (it has been falling in influence and quality for a long time). If The Observer endorsed anyone else, in addition to whatever problems it would cause Kushner behind closed doors (and they would undoubtedly be considerable), a rejection by a paper with such a strong Trump family connection would be interpreted as having special significance, and would be handing a potent weapon to Trump’s adversaries.

Kushner’s dilemma was made worse by the fact that for any newspaper to endorse Donald Trump for President without a conflict of interest that at least would explain such an idiotic position would be tantamount to an admission of collective insanity, instantly turning such a  paper into the successor of the late, lamented Weekly World News, which was prone to breaking scoops like this one:

Weekly_World_News_-_Cover_Art_4800

Faced with these two mutually unacceptable alternatives, there was only one ethical, rational, responsible course that would acknowledge the conflict of interest without falling prey to it: endorse nobody, and explain why.

Nah! Continue reading

Unethical Quote Of The Month—But Awfully Revelatory, If You Have The Integrity To Accept What It Means—California Gov. Jerry Brown

0404_NWS_LDN-L-BROWN-DC

“Economically, minimum wages may not make sense. But morally, socially, and politically they make every sense because it binds the community together to make sure parents can take care of their kids.”

—–Governor Jerry Brown on April 4, as he signed into law a phased state-wide increase in the minimum wage to $15 dollars an hour.

As Commentary wrote in reaction to this jaw-dropping admission following an irresponsible act, “Good intentions have always inoculated the left against criticisms of the consequences of their policy preferences.” This has become a culture-wide, self-destructive malady during the Obama administration, led by the President. Lately, Obama has become increasingly open about it, as when the President killed the Keystone pipeline citing climate change concerns while admitting that doing so would have no likely effect on climate change, but most of his “signature policies” are similar. The Iran deal bids fair to leave Israel as a smoldering wasteland, and the Iranian government has gone out of its way to demonstrate that it cannot be trusted while already violating, as even Obama admits, the “spirit” of the deal, but God Bless Obama for trying to restrain its nuclear ambitions.

The Affordable Care Act is failing in virtually every respect, fulfilling most of the dire predictions of its opponents, but this is still an “achievement” because, and it’s true, more Americans are insured than before. Obama’s Education Department’s sincere—I’ve no doubt about it—effort to make women feel supported and safe on college campuses seeded extensive due process abuse and discrimination against male students, and the most-gender divided campus community since the Seventies. His civil rights policies and rhetoric have created the worst racial divide since the early 1960’s. The intentions in all of these cases were, at least arguably, impeccable and admirable, and apparently for committed progressives, it is that, and not that the policies in pursuit of Panglossian goals have been societally disastrous, that matters.

The mass insanity of raising the minimum wage is the apotheosis of this mania. Note that I am trying to attribute the best possible motives with this: I have read many conservative writers who believe that the left knows the policy will be catastrophic economically, but because it will be politically useful in the short-term, they don’t care about the long-range consequences. Admittedly, statements like Brown’s makes this difficult for me not to agree with them, except that it is usually considered stupid to tell voters that what you are doing makes no sense.

To state what should be obvious, if  large minimum wage increases don’t make sense economically, that means they are bad policy, incompetent, and thus unethical. And we know–know—that they do not make sense economically.

Here’s economist Robert Samuelson: Continue reading

Surprise! Donald Trump Lied Outright About His Charity Contributions

To quote a wise baby: "This is my shocked face..."

To quote a wise day-trading baby: “This is my shocked face…”

From the Washington Post:

Since the first day of his presidential campaign, Donald Trump has said that he gave more than $102 million to charity in the past five years. To back up that claim, Trump’s campaign compiled a list of his contributions — 4,844 of them, filling 93 pages.

But, in that massive list, one thing was missing. Not a single one of those donations was actually a personal gift of Trump’s own money. Instead, according to a Washington Post analysis, many of the gifts that Trump cited to prove his generosity were free rounds of golf, given away by his courses for charity auctions and raffles….

The largest items on the list were not cash gifts but land-conservation agreements to forgo development rights on property Trump owns. Trump’s campaign also counted a parcel of land that he’d given to New York state — although that was in 2006, not within the past five years. In addition, many of the gifts on the list came from the charity that bears his name, the Donald J. Trump Foundation, which didn’t receive a personal check from Trump from 2009 through 2014, according to the most recent public tax filings. Its work is largely funded by others, although Trump decides where the gifts go.

Some beneficiaries on the list are not charities at all: They included clients, other businesses and tennis superstar Serena Williams.

Observations: Continue reading

The Gap Kids Ad

gapkids

The photo above was part of a recent ad campaign for Gap Kids. The campaign, which launched last week, is in collaboration with Ellen DeGeneres’ lifestyle brand ED. Gap is donating $250,000 to the charity Girls Inc. to support its economic literacy program.

Criticism erupted on social media and elsewhere that the ad gave a message of “passive racism.”

Nathalie Yves Gaulthier, founder of Le Petit Cirque, the youth performance group whose members are seen in the ad, tried to explain, saying in part:

“The child in the ad is not an ‘armrest,’ she’s the other girl’s little sister. They are a very close family. The child is a very young (junior) member with Le Petit Cirque, a humanitarian cirque company, and therefore a wee shyer than the more seasoned older outgoing girls. Our company is deeply saddened by some people misconstruing this as racist, and are keeping the children out if this at the moment to protect their beautiful feelings , but we are extremely supportive of dialogue in our country to move past any racial barriers…”

Gap decided that discretion was the better part of valor, and replaced the image in the campaign. It apologized to critics last week, saying:

“As a brand with a proud 46-year history of championing diversity and inclusivity, we appreciate the conversation that has taken place and are sorry to anyone we’ve offended. This GapKids campaign highlights true stories of talented girls who are celebrating creative self-expression and sharing their messages of empowerment. We are replacing the image with a different shot from the campaign, which encourages girls (and boys) everywhere to be themselves and feel pride in what makes them unique.”

It’s a non-apology apology, of course, a clear #8 on the Ethics Alarms Apology Scale:

“A forced apology for a rightful or legitimate act, in capitulation to bullying, fear, threats, desperation or other coercion.”

Corporations are more or less forced to capitulate to “gotcha!” accusations like this, because there is no up-side in fighting them, and the companies’ job is to make money while alienating as few people as possible. If Social Justice Warriors and aggressive race-baiters are determined to claim that an ad intentionally denigrates a black child as subordinate to white children, then that message will overwhelm the ad no matter what is said or seen. Continue reading

Comment Of The Day #1: “Considering the Retrograde Mississippi Freedom of Conscience from Government Discrimination Act, This Shouldn’t Be Surprising At All…”

same sex-cake-cutting-

Frequent and thoughtful commenter Inquiring Mind is regularly roiled by efforts to punish members of society and the business community who carry their objection to same sex marriage outside of the home and the church into the workplace and the marketplace. Here is his Comment of the Day, posted a day late, on the post about the Mississippi law the allows certain forms of discrimination against LGBT citizens, Considering the Retrograde Mississippi Freedom of Conscience from Government Discrimination Act, This Shouldn’t Be Surprising At All…

(I’ll be back for some comments at the end.)

The “free exercise of religion” is also a right. So are freedom of association and freedom of speech, ones expressly spelled out in the plain text of the Constitution. Those who seek to enact the “legal mandates” (or in other words, enacting their legislative agenda) are, in my opinion, trampling on those rights – rights that predate from the rulings where Anthony Kennedy invented a right to same-sex marriage.

The arguments against abortion since Roe v. Wade have included moral arguments (notably from the Catholic Church). A sense of morality is often used to determine what legal mandates should be. The only question here is WHOSE morality gets enacted into legal mandates – the Religious Right’s morality or the “progressive” left’s morality.

Three years ago, you posted a comment of mine as Comment of the Day.  I will refer back to it:

Continue reading