The Ethics Alarms New NFL Season Ethics Quote Of The Week: Ex-Football Fan Steve Almond

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“We know, on some level, that a good many of the players we cheer for each Sunday will be revealed as all too human when they wind up battling dementia. But… fans have a whole suitcase full of rationalizations intended to preserve our right to consume, and thus sponsor, this hyper-violent game. “The players know the risks!” we insist. “They get paid millions!” But ultimately, our most effective dodge resides in our willingness to view the game as one big movie.”

Steve Almond, author of “Against Football, in an essay today for the Washington Post titled “Hollywood’s version of the gridiron is just fantasy football
(It hypes violence for the sake of drama — then reassures us everything is okay)”

Perfect timing for this article, a reminder of what fans are really watching and cheering for during the pro football season, which began today.

No, I won’t be watching.

Her’s another chilling quote from Almond’s article: Continue reading

A Nation Of Assholes: The Ultimate, Undeniable And Crucial Reason Donald Trump Must Never Be President

assholesI have had this essay ready to go for at least a month; I honestly didn’t think it would be necessary to post it. Nonetheless,  I kept in on the bench, just in case. I was confident that the point to be made was too obvious, and that even those bitter, angry, irresponsible, ignorant whateverthehelltheyares who are keeping Trump’s candidacy afloat—and thus making it more difficult to sort out the real candidates—would have figured it out by now. I was wrong.

There are lots of reasons why Donald Trump shouldn’t be anyone’s candidate to be President. He is a narcissist, for one thing, and that is a pathology. Narcissists are dangerous in positions of power. He has no experience in politics, which he appears  to believe, based on his statements, consists primarily of bribing people, since that is what it largely means in his eternally corrupt businesses of construction and gambling, and pitching them things, which is not the same as persuasion.  He seems to think leading a company and leading a nation are similar jobs: they are not, though they involve some common skills. Trump is largely ignorant of most issues facing us, and takes pride in winging it, simply saying the first thing that pops into his mind. What Presidents of the United States say have cascading impact: think about the horrible consequences of Obama’s infamous “red line” statement, which has led to the willingness of despots and terrorists to defy U.S. interests and warnings, confident that nothing would be done by a confrontation-averse President. Anyone assuming President Trump would be different in this regard from candidate Trump is the sort of person who would trust Iran to follow a nuclear agreement, a current monstrosity that is also, in part, the result of Obama’s “red line” gaffe.

The one area where Trump has actually put forth a fleshed-out policy is red meat nonsense, completely unworkable and impractical, as well as offensive to core American values. That is his absurd “Deport them all, build a wall, amend the Constitution” illegal immigration prescription. Yes, the illegal immigration joint negligence perpetrated by greedy business interests and cynical Democratic party strategists who would trade the best interests of the nation and the rule of law for long term demographic trends favoring their party is infuriating and frightening. Still, proposing ludicrous solutions that can’t be accomplished (even if sane people wanted them to be) is neither a mark of intelligence nor responsible leadership.

Beyond immigration, Trump is all generalities and posturing. He’s “tough.” Tough can be good; tough without principles, and Trump appears to have none, is, by turns, bluster, stubbornness, cruelty, recklessness and bullying. Donald Trump really seems to have no regard for ethics at all, which makes him, by definition, untrustworthy. Being untrustworthy is an ethical deficiency no leader can have. Continue reading

At Target, One Of Life’s Little Ethics Tests

 

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We were just shopping at Target, buying everything from dog food to throw pillows to laundry detergent. The lines were long, I was feeling crappy, and the bill was $142.78. The stuff was all loaded into the trunk of our car, a long walk from the entrance, when my wife noticed a tiny 25 watt light bulb—price: $2. 27— that had slipped into a crevice in the cart. “Ooooh, I bet they didn’t charge us for that,” she said.

Immediately, I was hit with a furious rationalization assault trying to kill my ethics alarms like Santa Anna’s men climbing over the Alamo’s walls:

  • “Who cares? They won’t care. Let’s just go!”
  • “It wouldn’t have been missed if the line didn’t make us late! Target deserves to lose the bulb!”
  • “We can tell them about it next time!”
  • “Nobody would go back and return this!”
  • “The walk and the inconvenience are more trouble than the lousy bulb is worth!”
  • “You think it’s stealing? Fine, leave it in the cart. Then we don’t get it either.”
  • “This wasn’t my fault!”

We went back and gave the unpaid for bulb to the customer service clerk. She raised an eyebrow and said, “Really?” Not “Wow, you people are so ethical. I’m going to tell my children about you” really, but “Wow, you people are idiots. Nobody does this. It’s a lousy $2.27! I’m going to tell my friends about this, and they will laugh long and hard” really.

This is anti-ethics bias micro-aggression, and in its own, incremental, crummy way, it makes society more unethical and untrusting because it treats ethical conduct as aberrational. If I had been feeling better and my usual annoying, feisty self, I may well have said,

“Oh, is a customer being honest ridiculous to you? So from that I assume that you approve of minor theft, is that accurate? Does that mean you are lifting low priced items from the store, and allowing your friends and family to do so? Let me talk with your manager, please. I want to ask him if you reflect Target policy. I’d like it clarified myself. What priced items are considered so disposable that theft of them is expected to be shrugged off as trivial? Under five bucks? Ten? Twenty? Why stop at twenty? Fifty? A hundred?”

“Before I explain your reaction to your supervisor and ask if that accurately reflects the store’s attitude toward not paying for inexpensive merchandise, let me convey this for future reference. The proper response to a customer who returns an unchecked item rather than just leaving with it is ‘Thank-you!’ and a smile. Not “Really?” and a smirk. Got that?”

Dirty Harry would have added, “Well, do ya…punk?”

Ethical Quote Of The Month: PBS Ombudsman Michael Getler

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“One would have to lean way over backwards to give her the benefit of the doubt that she was simply shedding light on the administration’s view of portions of Netanyahu’s arguments. But to personalize it by saying, “Take that, Bibi” is, in my book, inexcusable for an experienced journalist who is the co-anchor of a nightly news program watched by millions of people over the course of any week.”

—PBS Ombudsman Michael Getler, giving no quarter and making no rationalizations to slam PBS news host Gwen Ifill for her” “Take that, Bibi” taunt via Twitter.

Bravo.

Note that he also is saying that Ifill’s defense is a lie. As indeed it was. Later, as you can read, he makes it clear that he believes that Ifill is too experienced to make the mistake she claims she made. She made a different mistake: letting her bias rule her judgment and professionalism.

What do you know, a real, honest ombudsman who doesn’t view his job as spinning for his bosses!

I wonder why the New York Times can’t find one.

The “Now I’ll Make You Feel Bad For Insisting On Getting What You Paid For” Ploy

My hotel room TV, post Fred.

My hotel room TV, post Fred.

I’m in the midst of a legal ethics tour of Virginia, moving from one hotel to another. Last night I arrived at a Richmond Hilton at 11 pm, after fighting the usual traffic jams from late night construction on Rt.95 in my two hour car trip to get there. Oh, I had all the usual fun: the room that I had been told was pre-paid by my hosts wasn’t; later, the Wi-Fi in the room didn’t work. First, however, I immediately noticed that room 527 featured a TV that was hanging limply from its pedestal, forward and to the left. I guess I could have watched it sort of comfortably if I sat cross-legged on the floor with my head tilted to one side like President Buchanan.

I decided to call the desk instead.

The chirpy clerk answered my call brightly. “Yes, Mr. Marshall, what can I do for you?” she said.

“Well, my TV is broken. The screen is crooked, and it’s tipping off its pedestal.” Continue reading

Ethics Dunce: Washington Redskins Quarterback Robert Griffin III And Any Other Celebrity Who Has Somebody Other Than The Celebrity Send Out Social Media Messages In His Or Her Name

RGIII

I’m really sick of the “an intern did it” or ” a low level employee did it” explanation when a social media tweet, re-tweet, “like” or message goes wrong and causes an uproar that causes trouble for a celebrity or politician. It’s your name, the person sending the message is your employee and agent who you have authorized to communicate in your name. For the purposes of social media, they are you. Take your medicine, be accountable, own what “you” say online, or get off social media. It’s really as simple as that.

Robert Griffin III is the central figure of a pro football drama that many of those outside of Washington, D.C. or, better yet, those who recognize that pro football is ethics rot put in colorful uniforms to maim minds and and make money every Sunday for more than half the year. Once an NFL rookie of the year, a blooming super-star black quarterback in a majority black city, and the lord of all he surveyed, RGIII, as he is almost exclusively called locally, has fallen far, brought low by bad coaching, injuries, and his own hubris. His one great advantage has been the Skins’ owner’s infatuation with him, as Croesus-like Daniel Snyder runs his franchise like Fantasy league team, and also into the ground.

So how does “RGIII,” a.k.a. the anonymous kid who sends out his tweets and other messages when the star is busy doing what young millionaires do, decide is a great is a great way to show his loyalty to his patron and the man who pays his salary? “He” likes a post from an angry fan that features the hashtag, #inpeachdansnyder.

RGIII, recognizing that this was an especially bad time to tick off his guardian billionaire (he had just been benched by the Redskins’ coach), sent out his own, genuine, reallyreallyreally what he thinks post blaming his intern:

@rgiii I just wanted to set the record straight on this one. I did not “like” that IG post ridiculing our team. I have not been social media active consistently for awhile now and am ultra-focused on working to get back on the field and trying to help this team. One of our interns who helps with Instagram liked the post. As soon as I was made aware of it, it was immediately unliked. That is not how I feel and I appreciate your understanding.
#HTTR

No, actually “you” did like that post, Mr. Star. And if you have “not been social media active,” stop paying someone you obviously don’t supervise to keep you socially media active.

I’m glad they benched you.

(At least Donald Trump makes his own offensive tweets.)

Ethics Quiz: The Duchess of York’s Website And The Duke of Plazatoro

The category is Celebrity Ethics, Royal Ethics or Marketing Ethics, depending on your point of view. Unfortunately for ethical clarity, how you answer today’s Ethics Alarms Ethics Quiz may depend on which category you choose.

Sarah Ferguson, Duchess of York, is embarrassing the Royal Family again, only this time it isn’t by throwing snowballs at photographers or by not being as demure and lovely as the late Princess Diana. This time, the self-exiled and divorced Fergie is trading on her title to make a living as an internet huckster. She has a website that peddles a juicer for weight loss and “The Perfecter Ultra”:

The Perfecter Ultra Heated Styling Brush combines innovative ionic technology with pure black tourmaline heating plates for ultimate convenience in achieving salon quality hairstyles at home. Create silky straight styles or beautiful bouncing curls, reduce frizzies or add volume to thinning hair, the Perfecter Ultra is the remarkable styling tool that does it all.

The Duchess has also been appearing on QVC, the cable shopping network where shopping addicts, lonely recluses and easy marks hang out. Among the Royals, with whom she is already on the outs, this is considered…unseemly. Concludes Tom Sykes at the Daily Beast:

“Her website majors in its attempts to cast her shill as public service, saying, “One of my missions in life now is to help people fight their weight challenges so they can live longer, healthier and happier lives. Take it from me: you can do it!”  But the truth is, Fergie is selling her title, and getting paid a no-doubt healthy fee for her promotional activities.”

There’s little doubt that “selling her title” is a fair description.

Your Ethics Alarms Ethics Quiz of the Day is…

As Duchess of York, does Sarah Ferguson have an ethical obligation to behave like the symbol of the British Commonwealth that she and the rest of the Royal Family is, or can she ethically use her title as she chooses, including to sell junk on the internet?

Continue reading

Law vs. Ethics: A Snatched Bar Mitzvah Gift, A Leaky AG, An Embarrassing Scoreboard, and”OINK”

Oink

I try to keep my legal ethics seminars up-to-the-minute, so while preparing for yesterday’s session with the Appellate Section of the Indiana Bar, I came across a bunch of entertaining stories in which the ethics were a lot clearer than the law, or vice-versa. All of them could and perhaps should sustain separate posts; indeed, I could probably devote the blog entirely to such cases.

Here are my four favorites from the past week’s legal news, involving a mother-son lawsuit, a brazenly unethical attorney general, a college scoreboard named after a crook, and police officer’s sense of humor: Continue reading

The Next Time You See One Of Those Opera Commercials About Selling Structured Settlements, Think About “Rose”

Rose

Because I worked as the general counsel for the late Richard Halpern, a kind and brilliant man, I know a lot about structured settlement, and also about the slimy businesses that conspire to destroy them. Richard’s company, The Halpern Group, worked with trial lawyers to develop structured settlements for successful plaintiffs who had won long-term damages for catastrophic injuries due to medical negligence, product liability or other torts. Most of these clients were poor, and if their millions in damages, designed to help them survive the rest of their lives, were awarded in lump sums, the result would almost always be catastrophic. These were poor people, for the most part, with poor families and poor friends and neighbors, none of whom had any experience or success managing money.  Drop millions on someone who has never had luxuries of any kind, and a spending spree as well and handouts to needy or greedy friends and acquaintances were sure to follow. For their own protection (or the protection of minors needing lifetime medical care), these plaintiffs of Rich’s lawyer clients were advised to forgo a big lump sum in favor of an annuity which would pay out regular amounts over time.

The plaintiffs own the income stream, but not the annuity itself. With assured income developed according to projected needs, the plaintiffs and their families could be assured of security and relative comfort and well-being—relative, because damages can seldom make up for broken bodies, minds and lives. Let me take over for myself here, from a post I wrote on this topic almost exactly six years ago.

Once they are on their own, however, the compensated victims are targeted by viatical settlement companies, both those with cute opera-singing commercials and those without. They undermine the sound advice of the attorneys with slogans like “It’s your money!” and try to persuade the former plaintiffs to unstructure the structured settlement by selling the annuity’s income stream to the viatical settlement company at a deep discount. Result: the annuity company gets the regular income at bargain rates, and the victims get a new, smaller lump sum to dissipate in exchange. The statistics say that the customer of the viatical settlement company will run out of cash long before he or she runs out of the need for it. But for the company, it’s a sweet deal.

It’s also despicable. The viatical settlement industry like to use lottery winnings, which are usually paid out in annuities like structured settlements, to justify their business. Lottery winning are windfall funds; while the same dissipation  hold for those lump sums (most multi-million dollar lottery winners have no money left after five years), the winners are usually no worse of after the money has been blown than they were before their number came up. When the money is a settlement for an injury, however, losing it is calamity. I would consider a viatical settlement company that only bought the income stream from lottery annuities ethical. There is no such company, however. The victims with structured settlements are a much larger and more lucrative market.

I have written about these legal but unethical businesses more than once. The first time, on The Ethics Scoreboard, I described a viatical settlement company only by using quotes from its own website, and explained what it meant, accurately. The company’s lawyers demanded that I take down the post, claiming that I had disparaged them (by using their own words and making it clear how they made their money.) I was in no position, with a family, a struggling business and aging parents, to engage in a legal battle of principle (though I suspected the company was bluffing, and I didn’t know Ken White and Marc Randazza then, both courageous blogging lawyers who assist bloggers who are threatened, like I was being threatened, to silence them. I took down the post. Continue reading

Ethics Mystery: What Was So Wrong With Curt Schilling’s Muslim Tweet?

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ESPN pulled former baseball pitching star Curt Schilling from its Little League broadcast team yesterday after becoming aware of his tweet above, saying in a statement:

“Curt’s tweet was completely unacceptable, and in no way represents our company’s perspective. We made that point very strongly to Curt and have removed him from his current Little League assignment pending further consideration.”

Schilling then tweeted this apology: “I understand and accept my suspension. 100% my fault. Bad choices have bad consequences and this was a bad decision in every way on my part.” This appears to be a #1 on the Ethics Alarms Apology Scale...“An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.” 

If I had delivered it, however, it might have been a #7: “A forced or compelled version of 1-4, in which the individual (or organization) apologizing may not sincerely believe that an apology is appropriate, but chooses to show the victim or victims of the act inspiring it that the individual responsible is humbling himself and being forced to admit wrongdoing by the society, the culture, legal authority, or an organization or group that the individual’s actions reflect upon or represent.”

What was it exactly that Schilling’s tweet showed, implied, suggested or stated that was” completely unacceptable,  in no way represent ESPN’s  perspective, and that justified his employer’s action? Curt Schilling is an inquisitive, politically active and opinionated man, and has always annoyed sportswriters because 1) he’s openly conservative 2) he’s a devout Christian, and isn’t shy about talking about it, 3) he can write and speak coherently and was capable, while playing, of challenging their criticism, and 4) he’s a lot smarter than most of them. I am assuming in this inquiry that nothing in Schilling’s contract or agreement with ESPN restricted his right to express non-sports opinions on his own time.

Here are some possibilities: Continue reading