Twelve Post-Veto Ethics Observations On The Arizona “Religious Freedom” Bill

veto2

1. As we now know, Governor Brewer vetoed AZ SB1062, the so-called “religious freedom” bill that was widely (and accurately) interpreted as support for discrimination against gays. In the previous post, I suggested that her delay in doing so sent a message that was as hostile to gays as the law itself: if she felt the law was ethically wrong, then she should have and would have announced that she would not sign the bill long ago. Instead, she waited to see how much economic damage the law would do to the state, and then vetoed it, not because this was the right ting to do, but because it was the pragmatic thing to do. (As the satiric Borowitz Report put it, “The state of Arizona found itself in the middle of a conundrum today as it awoke to the awkward realization that gay people have money and buy stuff.”) USA Today noted that, to the contrary,”Some political insiders believe Brewer has allowed furor over the legislation to build to thwart social conservatives’ attempts to push a similar bill later.” I doubt it, but if so, Brewer allowed her state and her fellow Republicans to be represented nationally as homophobic for as long as possible to spare herself the inconvenience of vetoing a second bill.

2. Despite the extravagant debate over the bill, almost no commentators actually published the bill’s text in the commentary. The reason appears to be that since the bill is really an amendment of an existing law, it takes a modicum of intelligence to figure out what’s going on. Here it is (the original law is in black; the new text is in blue; what has been removed in the amended version is struck through): Continue reading

How Can Lawyers Be Shockingly Unethical Without Breaching Any Legal Ethics Rules? Meet Styles & Pumpian

"Let's have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon....Ok, now that's over, how can we keep his fee from his family?"

“Let’s have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon….OK, now that’s over, how can we keep his fee from his family?”

Ira Bordow, a partner in the Wisconsin law firm of Styles & Pumpian, had been handling a family’s dispute with an insurance company. Successfully too: he negotiated a $250,000 settlement, and the company sent him the check for that amount, to be divided among the plaintiffs and Bordow’s firm. Bordow, as a partner, was going to get a $41,666 share.

The 54-year-old lawyer, however, had problems of his own that money could not solve, and committed suicide. His brother found the quarter of a million dollar check on the seat of Bordow’s Lexus coupe, and properly and correctly sent it on to  Styles & Pumpian.  Bordow had already earned his cut of the settlement at before he took his own life, for he, and the firm, were working on a contingent fee basis. The representation was at an end. Apparently, however, once the firm had the check in hand, the brilliant legal minds at Styles & Pumpian applied their craft to thinking of ways they could avoid paying the grieving family of their tragically demised partner any of the loot. They thought of one too, at least one they felt was worth a shot.  The firm is refusing to pay the Bordow estate the late lawyer’s $41,666 cut, arguing that Bordow’s suicide in his River Hills home negated his partnership agreement with the firm. It was a breach of contract, they say, and thus, even though he would have received the money if he had lived, the firm can keep it now.

Continue reading

Ethics Dunces (Bigotry Division): Arizona Republicans

Message received.

Message received.

I don’t know what Arizona Republican legislators are running from now: they have accomplished their mission. They’ve made it abundantly clear that they don’t like or respect the rights of gays, bi-sexuals and transsexuals, and want to leave no question in the minds of anti-gay bigots (or good and gentle religious people  across the state who want to discriminate against gays because they thing doing so is “moral”) that the nationwide cultural shift to approval of gay marriage, a.k.a, equal rights under law, hasn’t changed this: Arizona Republicans back your dislike of these perverts’ sinful, corrupting lifestyle, whatever the law is.

The disingenuous and offensive argument being made by Republican supporters of the modifications of  an 1999 Arizona law called the Religious Freedom Restoration Act (RFRA) is, in essence, that Arizona businesses can already discriminate against gays, and so can those of lots of other states. This isn’t an anti-gay law! It’s a religious freedom law! Yes, and the Civil War was about States rights. The new bill’s clear motivation—Timing! Timing!— is to strengthen the hand of businesses, organizations, corporation and non-profits that object, allegedly or actually on genuine religious grounds, to serving, employing, or dealing with gays. More than that, however, the goal is to line up the legal, moral and ethical authority of the state behind those who want to treat gays in this fashion, whatever the reason, rather than behind the rights of the LBGT community to be treated like all other citizens. Continue reading

Another Day, Another Web Hoax: The Web Hoax Scale

Fake Wolf

That mad wag, Jimmy Kimmel, is doing another victory lap. This time, the biggest jerk on late night TV managed to fool news services, panic families of Olympian athletes and insult Russia (not that that bothers me very much) by his latest internet gag—convincing American luge athlete Kate Hanson to relay, via Twitter, his fake video of what appeared to be a wolf roaming the halls of the Olympic Village accommodations. Any collateral damage is irrelevant to Kimmel, because his objective is to cause trouble, then mock everyone who was fooled for allowing the trouble to be caused, since if they weren’t so dumb, trusting and gullible—it’s all their fault, not his, you see—nothing would have happened. (Yes, Kate Hansen is a jerk too.)

Here is what this relatively harmless (as opposed to harmless, which no web hoax is) misrepresentation accomplished:

  • It took up thousands of valuable minutes of news broadcasts throughout yesterday which could have been used productively to educate the public about all manner of things they actually need to know about—what’s happening to Justin Carter, for example—remember him? Maybe a well-produced segment on why a teen shouldn’t be facing terrorism charges for an obvious joke he made on Facebook could spark some much-needed public outrage. Instead, serious news broadcast time, a finite resource, was used to further a prank.
  • It made the media a party to a lie. It doesn’t matter about what. It’s a lie.
  • It wasted the time, thought and energy of every person who talked about the wolf, expressed concern about it or thought about it.
  • It further increased cynicism and doubt about news reports, feeding the tendency to adopt conspiracy theories and fear of sinister manipulation. How do we know the moon landing wasn’t a Jimmy Kimmel hoax?

Most of all, this will encourage other, bigger, more reckless asses than even Kimmel to go further and further with their web hoaxes, because such pranks mean viral videos and fame, no matter what harm they cause. Continue reading

Comment of the Day: “Ethics Hero: Michael Sam”

Dave Kopay, an earlier NFL Ethics Hero who paid the price for honesty

Dave Kopay, an earlier NFL Ethics Hero who paid the price for honesty

The media and sports talk show uproar about NFL prospect Michael Sam announcing that he is gay prior to the upcoming NFL draft has subsided considerably (just wait until Draft Day, though), but the Ethics Alarms threads about Sam’s decision and the ethical dilemmas and choices it represents remain vigorous.

Here is Penn’s thoughtful and well-rendered comment from yesterday, the Comment of the Day, on the post, Ethics Hero: Michael Sam…

Interesting “damned if you do; damned if you don’t” discussion here. The only point I see is that Sam stepped up to the plate (dis gut NFL speak, no?), which took guts. In this, I am in full agreement with Jack’s first paragraph.

Whatever Sam’s motivations or goals, or the reactions (or non) of his chosen profession and its fan-atics, or the general public, I don’t see any value in arguing generalized outcomes (unless they are exercises in ethics, naturally). I can say as much sooth as anyone, based on both anecdotal and empirical evidence; rather, I am talking about a negative value in doing so. [… maybe, if it’s up on the tote-board in Vegas.] Such debates just degenerate into … well, what Jack was interpolating into several exchanges: the writers’ biases, and the public’s bigotry (of course, the latter does not exist among EA commenters). Continue reading

Ethics Quiz: “12 Years A Slave” Plays The Racial Guilt Card On Oscar Voters

12_years_ad_2.jpeg

“It’s time.”

This is the  tag line in the post-Oscar nomination ads being prominently run in New York and California for  “12 Years A Slave,” a strong Academy Award contender (nine nominations, including best film).

Although there is room for disagreement, and the ad has the virtue of all clever advertising that it conveys different messages to different markets—Haven’t seen the film yet? “It’s time!”  Desperate to see the best movie you saw in 2013 finally get its due? “It’s time!”  When will the question of whether the most honored film of the last 12 months will win the biggest honor of them all be answered? “It’s time!”…or almost time, as the Oscar ceremonies are coming up on March 2—the consensus is that “It’s time” is mainly aimed at Oscar voters, and the message it conveys is, as Slate puts it, “it’s time for a movie about slavery, and with a significantly black cast and crew, to be recognized by the Academy of Motion Picture Arts and Sciences.” Film critic Phil Hammond puts it slightly differently:

“The ad not only can be interpreted as shining a light on a very dark period in American history, it also shines a light on the Academy’s fairly dismal record of awarding its top honor to any movie about the black experience. In fact there has been only one Best Picture winner in the 85 years the Academy of Motion Picture Arts and Sciences has been handing out Oscars that even remotely qualifies in this regard. In 1968, In The Heat Of The Night, a murder mystery set against the racial divide in a small Southern town, won Best Picture and four other Oscars just a few days after the assassination of Martin Luther King (the ceremony was even postponed two days out of respect). The votes were in before the King assassination, but it seemed then that “It’s Time” would have been an appropriate way to describe that victory. However, outside of lead actor Sidney Poitier — who also co-starred in another racially themed Best Pic nominee that year, Guess Who’s Coming To Dinner —  this movie  featured a largely white cast, white producer, screenwriter and director (Norman Jewison).”

If so many in the industry are interpreting the ad this way, it is fair to assume that this was at least one of the ad’s objectives, and on the assumption that it was an objective, your Ethics Alarms Ethics Quiz today is this:

“Is appealing to Oscar voters on this basis fair and ethical?”

I can see strong arguments for each position. Continue reading

Ethics Dunces: Conservative Supporters Of Self-Appointed Censor Mom, Judy Cox

Judy Cox, saving America one T-shirt at a time...

Judy Cox, Wacko, saving America one T-shirt at a time…

Conservatives just can’t help themselves, it seems.

They can’t avoid undermining their historically vital role in counterbalancing the process of societal entropy and the degrading of individual liberty by central state control, by periodically making themselves and their philosophy look so hypocritical and ridiculous that their power to persuade is crippled. One traditional way conservatives ensure that they will be reviled and mocked by anyone under the age of 50, even when the are right, is their addiction to celebrating censorious wackos who seem to have been only recently unfrozen from the glaciers that have imprisoned them since around 1954.

This afternoon I watched with my jaw agape as a panel of “experts” on Fox cheered the ridiculous actions of Judy Cox, who was horrified to see T-shirts sale for in a Utah college town store  that sported the images of winsome women in scanty attire—you know, like one can see on television every hour of every day, but more dignified.  Judy, who was concerned for the sensibilities of her 18 year-old son (also known as “an adult”) and those like him whose morals will be permanently warped by such images, promptly had a cow:

“Cox said she complained about the window display to a store manager and was told the T-shirts couldn’t be taken down without approval from the corporate office. She then bought all 19 T-shirts in stock, for a total of $567. She says she plans to return them later, toward the end of the chain store’s 60-day return period. The shirts cost about $28 each on the website for PacSun, which sells beach clothes for teenagers and young adults.“These shirts clearly cross a boundary that is continually being pushed on our children in images on the Internet, television and when our families shop in the mall,” Cox said in an email to The Associated Press.”

That’s not all: Continue reading

Groupon Celebrates National Incompetence and Ignorance With A Presidents Day Double KABOOM!

Hamilton-exploding_head2

The Ethics Alarms KABOOM!—a special designation for ethics-related stories that make my head explode—has a new variation, thanks to Groupon: the repeating KABOOM!, triggered by two related KABOOMs in the same episode. My head has been exploding repeatedly since I learned about this late last night.

Hold on to your craniums, for here is a Groupon press release sent out earlier this week, the first of the KABOOM! twins:

Groupon Celebrates

Presidents Day

by Honoring

Alexander Hamilton!

Commemorate a man historically powerful enough to be on money with $10 towards $40 on a local purchase while they last!

CHICAGO, Feb 14, 2014 (BUSINESS WIRE) — Starting tomorrow, Groupon ( http://www.groupon.com ) (NASDAQ: GRPN) will be kicking off Presidents Day weekend by giving customers 10 dollars off 40 dollars when they purchase a deal for any local business. The $10 bill, as everyone knows, features President Alexander Hamiltonundeniably one of our greatest presidents and most widely recognized for establishing the country’s financial system.

Beginning Saturday, Feb. 15 at 9 am CST, shoppers will be able to redeem this offer by using the promo code “10OFF40LOCAL”, which isn’t very catchy, but neither was President Hamilton’s famous saying, “Nobody expects to trust his body overmuch after the age of fifty.”

President Hamilton is best known for the fiscal sensibilities that led him to author economic policies, establish a national bank and control taxes. Customers can honor our money-minded commander-in-chief and find deals by searching Groupon.com for local deals all through President’s Day weekend. Promo codes are limited, and more information can be found at: https://www.groupon.com/faq#faqs:content-269

The emphasis is mine, and I’m paying for every bit of it, let me tell you. My head is doing a terrific Dante’s Peak impression as I type this.

But that’s not all: here comes Groupon’s KABOOM! #2. Is the company embarassed? Chagrined? Are heads rolling? Oh, noooo! For when an enterprising American, one of the few who received a competent fourth grade education, was kind enough to alert Groupon to its unforgivable gaffe, this is what he received in return:

GOUPON IDIOTIt would all be hilarious if it were not so ominous….and unethical. Continue reading

Ethics Hero: Boston Red Sox Pitcher Ryan Dempster

ivory-billed woodpecker

With a guaranteed contract that would pay him $13.25 million this year, all Boston Red Sox starting pitcher Ryan Dempster had to do was fail to make the team or be relegated to the disabled list to collect it all. Dempster felt, however, that his physical condition would not allow him to contribute to the team’s efforts to defend its 2013 World Championship, and that under the circumstances, decided that it would be better for all concerned if he didn’t play in 2014 and spent the year with his family. Thus, while not retiring, Ryan Dempster announced that he would forfeit the money owed to him.

Dempster made $13.25 million last year, and had made millions for many years before that; he certainly doesn’t “need” the money. Nevertheless, for a professional athlete to handle himself this way is about as rare as an ivory-billed woodpecker sighting.  “I could have had a choice of trying to spend the entire season trying to work through those and trying to be able to pitch,” he said in his statement, delivered at the Red Sox Spring Training camp where the team is about to begin training. “But I just felt like it’s something that’s preventing me from doing the job I want to do, and I’m not going to go out there and put my team at a disadvantage or me at a disadvantage by not being able to compete the way I’m able to compete.”

Ryan Dempster, professional athlete, just placed team, family, integrity, and fairness above $13.25 million dollars.

Ethics Hero.

 

 

Ethics Note To The Sports Media Regarding Their Coverage of Michael Sam: SHUT UP!

Sam

Ever since University of Missouri All-American defensive end Michael Sam made the announcement that he is gay, sports writers, broadcasters and columnists have been hailing his courage, bashing his detractors, and pointing with derision to the portion of social media buzz that has revealed the nation’s ugly homophobic side. The irony is that it is the mostly positive media obsession with Sam’s status as a potential trailblazer, rather than the antigay hate-mongers, who diminish Sam’s chances of success with their every word. This is obvious, or should be, yet the articles and rants keep on coming. I have to believe that it is a case of sports journalists engaging in the ultimate hypocrisy, making themselves look fair, unbigoted and devoted to the cause of full gay inclusion in American life (all while making their deadlines) while simultaneously and knowingly undermining the athlete they claim to be supporting. They have to shut up, or Sam is doomed.

Which means, unfortunately, that Sam is doomed….and that means that this episode, rather than advancing the cause of gay athletes, will be a serious setback for them instead. Continue reading