Business & Commercial

Tesla’s Seat Belt Recall, Moral Luck, and Ethics Chess

/ Jack Marshall / 8 Comments

Jaws victim

Ethics Alarms Chief Ethics Scout Fred found this one. Tesla was alerted to one seat belt failure in its Model S, and  recalled them all. This involved a huge cost, of course, and that cost will be eventually passed on to consumers and investors. Fred asks,

“Abundance of caution” is the phrase they used, one I gather is familiar to lawyers. Could they have justified some other response that was less catastrophically expensive? Would they have had a fiduciary duty to do so? Or would that duty lie in maintaining the brand image of meticulous quality at almost any short-term cost, building a reputation that could command premium prices for decades to come?
The issue was simply this: how much did the company want to bet on moral luck? Tesla was aware of a possible design or manufacturing flaw that could kill passengers. It could have been a fluke, and it could have been widespread. If the cars were not recalled—and I don’t know enough about Teslas to presume that there would be any other way to check every single car or replace the seat belts without the expense of a recall, so I will assume for this discussion that there is not—and one or more passenger was killed, then Tesla management would have suddenly become Sheriff Brodie and Mayor Vaughn in “Jaws,” as articulated, with a slap, by the mother of a little boy who became shark bait while playing on his yellow raft. They knew there was a possible danger, and decided that chancing it was a better call than risking the summer tourist business. They balanced the risks, and did nothing.

The Cost Of Rationalizations

/ Jack Marshall / 1 Comment

Employee Theft

According to The Global Retail Theft Barometer released this month by Checkpoint Systems,  employees in the U.S. steal from their employers at significantly higher rates than workers in other countries. The direct cost to businesses, as you can see in the diagram above: a staggering 16.6 billion dollars.

Most of this is taken in incremental amounts, by people who would be shocked if you questioned their character. Why is this number is so high? As far as comparing to other countries are concerned, it’s the same factor that anti-gun zealots refuse to acknowledge, and that Bernie Sanders can’t seem to grasp. Our country is not like other countries; we guarantee our citizens more freedom, for one thing, and freedom unavoidably means more freedom to do bad things as well as good.  Our national character is not like other countries. Americans are not like other people.

Good. Continue reading →

Ethics Observations On The Second Democratic Candidates Debate, Part 2 of 2

/ Jack Marshall / 16 Comments

Dems three

The transcript is here.

Part I is here.

6. Sooner or later, a Democrat is going to have to answer a question about the “safe places,” microaggressions,” college campus meltdown that is, I think, just gathering momentum, and choose between alienating the young black base that elected Barack Obama, or horrifying people who believe in free speech and thought, presumably a few iconoclast Democrats and a lot of independents. Significantly, CBS didn’t ask Sen. Sanders that question.

Well, it’s significant if you  believe that CBS is protecting the Democrats. As we saw in Bernie’s coddling of Black Lives Matter, and know from the fact that he’s a Marxist at heart, he doesn’t really expect to be nominated and has no spine (see Part I), Sanders was a good bet to fully endorse the anti-free speech position taken by the students at Yale, Amherst and Mizzou. That would have put the whole Party, which right now is Hillary, on the spot. Surely CBS would never do that. The alternative is to believe that last night’s journalists were inept.

Only Hillary was asked the question, and she ducked it with something akin to what Olson Johnson called “authentic frontier gibberish”:

DICKERSON: Secretary Clinton, you told some Black Lives Matter activists recently that there’s a difference between rhetoric in activism and what you were trying to do, was — get laws passed that would help what they were pushing for. But recently, at the University of Missouri, that activism was very, very effective. So would you suggest that kind of activism take place at other universities across the country?

CLINTON: Well, John, I come from the ’60s, a long time ago. There was a lot of activism on campus — Civil Rights activism, antiwar activism, women’s rights activism — and I do appreciate the way young people are standing up and speaking out. Obviously, I believe that on a college campus, there should be enough respect so people hear each other. But what happened at the university there, what’s happening at other universities, I think reflects the deep sense of, you know, concern, even despair that so many young people, particularly of color, have…You know, I recently met with a group of mothers who lost their children to either killings by police or random killings in their neighborhoods, and hearing their stories was so incredibly, profoundly heartbreaking. Each one of them, you know, described their child, had a picture. You know, the mother of the young man with his friends in the car who was playing loud music and, you know, some older white man pulled out a gun and shot him because they wouldn’t turn the radio down.Or a young woman who had been performing at President Obama’s second inauguration coming home, absolutely stellar young woman, hanging out with her friends in a park getting shot by a gang member.And, of course, I met the mothers of Eric Garner and Tamir Rice, and Michael Brown and Trayvon Martin and so many of them who have lost their children.So, your original question is the right question. And it’s not just a question for parents and grandparents to answer. It’s really a question for all of us to answer, every single one of our children deserves the chance to live up to his or her god-given potential. And that’s what we need to be doing to the best of our ability in our country.

DICKERSON: All right, over to Kevin Cooney.

Hilarious.

Continue reading →

Ethics Dunce: Bloomingdale’s

/ Jack Marshall / 61 Comments

Bloomingdales

Can you read that?  Bloomingdale’s catalogue, just in time for the holidays, urges young men to drug their dates’ drinks. All the better to rape them later when they are too out of it to consent to sex. Or maybe, for the especially enterprising, sell them into white slavery while they’re in a stupor. Ho Ho Ho!

Here, this is a clearer version:

Bloomingdales2

The feminist blogs and websites were all over this one, so after somebody explained the outrage to the collection of Mad Men throwbacks, pigs and felons who work in Bloomies’ marketing department, they came up with an apology. “In reflection of recent feedback, the copy we used in our recent catalog was inappropriate and in poor taste. Bloomingdale’s sincerely apologizes for this error in judgment,” the retailer told Tech Insider.

Here’s the problem: If you can’t tell that an ad like that is creepy without someone telling, you are creepy, and so are all the people who let the ad get into print.

The Definition Of Irresponsible Leadership? Obama’s Keystone Pipeline Call

/ Jack Marshall / 11 Comments

keystone-pipelineI am trying to find another example of a U.S. President taking action that harms the nation and its citizens while admitting that it will have no measurable beneficial effects whatsoever.

I can’t find any. I’d like to know about one, and see how it worked out.

When the Washington Post’s editorial staff essentially calls a Democratic President’s conduct an embarrassment. it really must have been embarrassing…and it was. Obama’s sole explanation for his decision, which he has, as is his style, dithered over for years, was this:

“Ultimately if we’re going to prevent large parts of the Earth from becoming inhospitable or uninhabitable in our lifetimes, we’re going to have to keep some fossil fuels in the ground rather than burn them.”

But killing the pipeline will keep no fossil fuels in the ground. So the reason really is this:

“America is now a global leader when it comes to taking serious actions to fight climate change and, frankly, approving this project would have undercut that global leadership.”

Ah. So America will show it is serious about climate change by killing a project that all agree will have no tangible, long-term, short-term, measurable effects on climate change at all. This is Obama logic, as we have seen many times: good intentions is enough; results don’t matter. If his decision won’t help reduce the risk of parts of the Earth  becoming “inhospitable or uninhabitable in our lifetimes”—a risk that is also measurable and speculative at best—then the purpose of it isn’t to prove leadership. True, it proves atrocious leadership, but Obama is cynical, not stupid. The decision is political. Its only tangible benefit is to the Democratic Party, which feels the need to make the welfare of the U.S. and its citizens subordinate to the fanaticism of the environmentalist movement. Continue reading →

Ethics Hero: 11th U.S. Circuit Court of Appeals

/ Jack Marshall / 17 Comments

blog_credit_card_swipe

It’s a small victory to be sure, but those of us who want to protect free speech must take our hope from whatever sources we can.

In the case of Dana’s Railroad Supply v. Florida, the sharp-eyed Atlanta-based 11th U.S. Circuit Court of Appeals  struck down a Florida law barring merchants from imposing a surcharge on customers for credit card use.

The law allowed merchants to give discounts for cash, but would not permit surcharges for using credit cards. “Ah HA!” realized the court, This violates the First Amendment, because it penalizes businesses that want to call price differences based on credit card use a surcharge rather than a cash discount, and they are the exact same thing. “You can penalize credit card users,” the dumb law said, “but you have to call it what we tell you to call it.”

“Tautologically speaking,” the opinion said, “surcharges and discounts are nothing more than two sides of the same coin; a surcharge is simply a ‘negative’ discount, and a discount is a ‘negative’ surcharge. As a result, a merchant who offers the same product at two prices—a lower price for customers paying cash and a higher price for those using credit cards—is allowed to offer a discount for cash while a simple slip of the tongue calling the same price difference a surcharge runs the risk of being fined and imprisoned.”

“The First Amendment prevents staking citizens’ liberty on such distinctions in search of a difference.”

Love it.

___________________

Pointer and Facts: ABA Journal.

The Starbucks Stupid Red Cups Uproar Is Trivial, But The Growing Cultural Insanity That Caused It Is Not

/ Jack Marshall / 45 Comments

STARBUCKS-cups

On one level, the angry protests by some evangelicals and others regarding Starbucks’ eschewing the placement of snowmen, Christmas tree ornaments, reindeer and whatever other holiday kitsch they have festooned their coffee cups with in past years is too stupid to waste time discussing. Here, read all about it if you have a strong stomach. It appears to be yet another of those issues that deserves the George S. Kaufman rebuke. [ “Mr. Fisher, on Mount Wilson there is a telescope that can magnify the most distant stars to twenty-four times the magnification of any previous telescope. This remarkable instrument was unsurpassed in the world of astronomy until the development and construction of the Mount Palomar telescope. The Mount Palomar telescope is an even more remarkable instrument of magnification. Owing to advances and improvements in optical technology, it is capable of magnifying the stars to four times the magnification and resolution of the Mount Wilson telescope.Mr. Fisher, if you could somehow put the Mount Wilson telescope inside the Mount Palomar telescope, you still wouldn’t be able to see my interest in your problem.”]

Yet the fact that not just a few recently escaped inmates of a mental institution would make an issue of the design of Starbucks coffee cups, but lots of people, is significant. Continue reading →

Ethics Dunce: United Airlines

/ Jack Marshall / 15 Comments

airplane 1There’s got to be an explanation for this other than the one the creates paranoia and dread. But what is it?

Canadian conservative commentator  Mark Steyn, a funny, bright and eclectic author—I learned about him first be reading his book on the decline of Broadway musicals—was flying on United when he discovered that his website, steynonline.com is on a United Airlines blacklist that blocks passengers from accessing the site on the airline’s in-flight WiFi system.

It really was called a blacklist by the airline. Steyn tweeted United during the flight for an explanation. Someone at American had the wit to tweet to Steyn, still airborne, that they wouldn’t block his site.

What’s going on here?

I know that porn sites are blocked by airlines, but conservative blogs and websites? No, it’s not a First Amendment issue, it’s a “Who the hell do you think you are?” issue. Content censorship by an airline? Steyn wants his WiFi fee back, but imagine if hotels, airports and Starbucks adopted this form of private censorship. I’m assuming/hoping that this was a stupid mistake and just incompetence, since incompetence is what United is best at. Yet so far, if the airline has an explanation, it hasn’t been publicized.

Debate Questions No Democrat Will Ever Be Asked (1): “You and President Obama Claim That Climate Change Is Settled Science To The Extent That The United States Should Burden Industry With Expensive And Job Threatening Mandates To Curb It. Explain Your Certitude On This Despite NASA’s Discovery That Antarctica Is Actually Gaining Ice?”

/ Jack Marshall / 69 Comments

antarctica

The recent report from NASA regarding increasing levels of ice in Antarctica shows beyond any reasonable doubt that climate science is not “settled.” Any scientist who says so is playing politics,  lying, or both; any politician who says so is not very bright or lying. If the science were settled, NASA, whose leadership has crossed many lines of honesty and objectivity by over-hyping climate change research, would not publish studies whose authors have explain them by saying  things like this, from Jay Zwally, NASA glaciologist and lead author of the study:

…”The good news is that Antarctica is not currently contributing to sea level rise, but is taking 0.23 millimeters per year away But this is also bad news. If the 0.27 millimeters per year of sea level rise attributed to Antarctica in the IPCC report is not really coming from Antarctica, there must be some other contribution to sea level rise that is not accounted for.”

…In noting that it could take only a few decades for the ice melt in Antarctica to outweigh the ice gains: “I don’t think there will be enough snowfall increase to offset these losses.”

…“We’re essentially in agreement with other studies that show an increase in ice discharge. Our main disagreement is for East Antarctica and the interior of West Antarctica; there, we see an ice gain that exceeds the losses in the other areas.”

Does that sound “settled” to you? Continue reading →

Hard Workplace Truths From “The Evil HR Lady”[Updated]

/ Jack Marshall / 22 Comments

unhappy-worker

Susan Lucas is an human resources veteran who shares her abundant workplace wisdom on her blog, a truly excellent one, Evil HR Lady.

She has written an invaluable list she calls “Problems at Work? 10 Signs That It’s Not Them, It’s You.”  It can be literally a life-saver for frustrated career failures, disheartened underlings, especially, perhaps, those encouraged by warped parents, teachers, mentors and  peers to always avoid blame, accountability and responsibility by attributing it to prejudice, bias and personal animus.

Some highlights: Continue reading →