Business & Commercial

Wednesday Morning Ethics Warm-Up, 11/18/2020: The Betraying Friend, The Abusive Model, The Grandstanding Lawyer, And The Partisan CEO

/ Jack Marshall / 13 Comments

Several of these items could support stand-alone posts, I suppose, but I have bigger metaphorical fish to fry. I’ve also figured out that traffic would look better if I broke some of these 800-1000 word posts into multiple 400-500 word bites, but to hell with it: a post should be as long as it has to to make the points I want to make. Traffic has also been excellent lately: from Election Day through yesterday EA has had the best extended streak since 2017. As usual with such surges, this has involved some quirks. For example, the post about Margaret Thatcher’s favorite poem has been leading all posts in clicks for three days. I didn’t see that coming…

1. Ethics Quiz: Which is more unethical, the creep who offers such tales out of school, or the publication that gives her a platform?

The entire genre of former school mates coming forward with unflattering and ancient anecdotes about political figures is unethical. Now that Ivanka Trump’s father is likely to be out of the White House next year, her seventh grade friend Lysandra Ohrstrom decided it was a safe to reveal what a creep the First Daughter was as a 13-year-old, because so few of us lacked a functioning ethics compass at that age. She also decided that she would enjoy being interviewed on various Trump-hating TV shows, I assume.

Why the woman continued to stay friends with someone she now says was an elitist snot is a mystery; yes, some of Lysandra’s tales impugn adult Ivanka as well as the child version.

One of her earliest memories of Ivanka is her blaming a fart on a less popular classmate. The monster! In their twenties, Ivanka asked Ohrstrom for a book suggestion and when her friend suggested “Empire Falls,” replied, “Why would you tell me to read a book about fucking poor people?” Ohrstrom also recalls Ivanka once telling her “You’ve really turned into a Marxist” during a discussion about affordable housing in Manhattan.

Is there anyone who has ever lived who doesn’t have embarrassing incidents that occurred early their lives and that they trust that the family and friends who witnessed them have the decency and loyalty not to inform the world? Ohstrom’s ignorance of the Golden Rule and her pathetic lunge for 15 minutes of fame tell us more about her character than reveal anything relevant about Ivanka Trump.

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The Left’s Assault On The Rule Of Law And The Legal Profession’s Cowardice, Or “Nice Little Firm You Have Here—Be A Shame If Something Were To Happen To It!” (Continued)

/ Jack Marshall / 13 Comments

A-Pistol-Against-My-Head.

As discussed in the first section of this post, the once sacrosanct principle that lawyers and law firms were ethically obligated to represent unpopular clients when they needed legal assistance has been deteriorating for the last decade, most recently under pressure from the self-righteous Left. Victims of the new progressive ethic that the ends justify the means, Lawyers and law firms have been threatened when they dared to align themselves with the opposition to progressive agenda items, because, in the universe to the port side of the ideological spectrum, those who don’t agree with the righteous are evil.

And it seems clear that few lawyers possess the courage and integrity to remains professional in their response to such threats.

After the King & Spalding embarrassment described in the earlier post, a similar episode occurred involving Obamacare.  In House of Representatives v. Burwell, the House challenged the legality of subsidies the Obama administration paid to insurers. After the House authorized the suit, David Rivkin and his firm, Baker Hostetler, signed a contract to litigate the case.

Rivkin was warned by members of the firm that litigating a case in opposition to Obama could drive off potential clients and hurt Baker Hostetler’s credibility…that is, its bottom line. Within a week after the contract was announced, partners at the firm, which represents many hospital management firms and insurance companies, started to receive urgent calls from general counsels of clients in the health-care industry. The messages were identical: their companies could not continue to associate with Baker Hostetler if it litigated the House’s lawsuit. Many suspected that the Obama administration was behind the scenes, urging health-care companies to drop Baker Hostetler. The firm dropped the case.

The House, suddenly without legal representation, frantically sounded out many of the top firms in Washington without success. The House finally selected D.C. lawyer William Burck of Quinn Emanuel Urquhart & Sullivan LLP. Three weeks later, without any explanation, Burck also withdrew from the case under pressure from his firm’s partners.

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Oh-oh: WordPress Deplatforms The Conservative Treehouse Blog

/ Jack Marshall / 33 Comments

dead canary

I don’t understand this development at all. Perhaps I should say that I hope I don’t understand it. The move feels like another canary dying in the Free Speech mine.

A week after the 2020 Presidential election, The Conservative Treehouse received this from WordPress, which, as you know, hosts Ethics Alarms:

…”given the incompatibility between your site’s content and our terms, you need to find a new hosting provider and must migrate the site by Wednesday, December 2nd.

What’s going on here? This is the blog’s interpretation :

It means CTH is being kicked-off the WordPress website hosting platform because the content of our research and discussion does not align with the ideology of those who define what is acceptable speech and what is not.

What was our violation?  After ten years of brutally honest discussion, opinion, deep research and crowdsourcing work -with undeniable citations on the events we outline- there is no cited violation of any term of service because CTH has never violated one.

The WordPress company is not explaining the reason for deplatforming because there is no justifiable reason for it.  At the same time, they are bold in their position. Perhaps this is the most alarming part; and everyone should pay attention. They don’t care.

Truthful assembly is now the risk.  CTH is now too big; with a site reach of 500,000 to a million unique readers each day; and with well over 200,000 subscribers; our assembly is too large, too influential, and presents a risk… we guard the flickering flame.

The Conservative Treehouse is a professionally operated blog. I don’t visit it often; the tone is too ideologically rigid for me, and the lionizing of the late Andrew Breitbart, who proudly engaged in unethical journalism, signals to me that ethics is not high on the blog’s priority of values.

However, unless there is something more behind this event, it is ominous.

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A Case Study In Intimidation: The Self-Cancelling Children’s Book Author

/ Jack Marshall / 6 Comments

childrens book illustration

This could have been a standard Ethics Dunce post, but I think it warrants more attention than that category might suggest.

One of the reasons it is fair to say that the President had the election stolen from him, or, as he likes to say (and shouldn’t) “rigged,” is that his supporters have been relentlessly intimidated and indoctrinated into attitudes designed to make them doubt their own judgment and values, especially those that aligned with the President’s policies. The tactics have ranged from threatening and even physically attacking citizens for wearing MAGA hats, to forced resignations of company officials and academics for the “crime” of endorsing Donald Trump’s actions in office.

Self-censorship triggered by fear of rejection and social isolation allowed Facebook, for example, to become a progressive echo chamber with minimal dissent. (I haven’t posted on anything related to the election for a month. It’s just a waste of time, and I end up losing respect for people I would like to keep as friends while having to defend views that should require no defense.) We are also seeing the related phenomenon of self-flagellation, self-shaming and self-cancelling of the sort demanded by the “Silence is violence” mobs. Like tortured and brain-washed North Korean prisoners of war,  we are ordered to denounce our great sins, such as engaging in “systemic racism,” enjoying “white privilege,” defying the political correctness police, and daring to support the President of the United States. When Black Lives Matter terrorists burst into restaurants and demand that diners raise their fists or hands in support of the Marxist, racist, anti-law enforcement group, the photographic evidence is that they do as ordered in hopes that they be left alone. What nation’s citizens from the past, say, 85 years ago do these timid souls remind you of?

Never mind. I digress…

Adam Pottle’s children’s book “The Most Awesome Character in the World” tells of Philomena, a young deaf girl whose  deafness  has made her vibrant and  imaginative person. (The author is also deaf.)  .

Pottle did not have approval over the illustrations his publisher chose to complete his book, and with the nudging of some negative reviews online, was horrified at the illustration above.  He concluded that the single drawing was “racist,” and Pottle asked that it be changed. The publisher, Reycraft Books, refused (the profit margin on any book is small, and this would guarantee a money-losing project), so Pottle took to social media and asked people not to buy his book and retailers not to stock it. Several retailers supported him.

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Afternoon Ethics Aggravations, 11/10/2020: Mitch, Audra, Jeff And Joy

/ Jack Marshall / 6 Comments

Annoyed

We just passed 300,000 comments on Ethics Alarms, and I’ll stack the consistent quality of them against any other blog on the web.

Thanks, everyone.

1.Regarding the gall, intellectual dishonesty and hypocrisy of Democrats and their supporters complaining about the President insisting on examining the returns and various irregularities before accepting the networks’ declaration that Biden won. I could not believe that Mitch McConnell and I would ever agree on anything, but we do this time. Yesterday he said in part on the floor of the Senate,

“Let’s not have any lectures, no lectures, about how the president should immediately, cheerfully accept preliminary election results from the same characters who just spent four years refusing to accept the validity of the last election and who insinuated that this one would be illegitimate too if they lost again — only if they lost,” the majority leader added. In fact, millions of Americans signed a petition urging the electors to vote for Hillary Clinton after Trump won in 2016. The people who push this hysteria could not have any more egg on their faces than they do right now,”

Bingo.

2. Please note: unethical law firms just pay out damages and fines. It’s only individual lawyers—usually the little guys, sole practitioners— who get disciplined. A state court judge in Houston dismissed a $750 million lawsuit against the huge international law firm Jones Day filed by Berkshire Hathaway. The lawsuit alleged the law firm participated in a “massive fraud” in connection with its work on an acquisition in Germany. The case can be refiled, and probably will. A law firm committing fraud means that its partners were responsible for the fraud, but unethical or even criminal conduct by large law firms seldom result in discipline for the law firm’s partners. The technical reason is that bar associations don’t oversee firms, just individual lawyers, so for big firms assisting their clients in frauds and other crimes, there is safety in numbers.

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Ethics Corrupter: The Boston Red Sox

/ Jack Marshall / 19 Comments

red_sox disgraced

Sometimes, a mere “ethics dunce” designation isn’t enough.

The decision, announced yesterday, by the Boston Red Sox to rehire disgraced manager Alex Cora to a two-year contract that will again put him at the helm of the team is disgusting and indefensible, unethical to the core. For me, it constitutes 2020’s second major ethics offense by an organization and a sport that has been important on many levels throughout my life, substantially challenging my loyalty and affection.

I was going to call the post “Ethics Strike Two On the Boston Red Sox,” but that formula would require me to give the team a third chance to disgrace itself before I called it “out” of my life, and I don’t know if I can do that. Nonetheless, I’m going to attempt to keep the emotional component of this most recent ethics breach on the metaphorical bench in this post as I try to be objective.

I won’t promise that I will succeed.

Cora was fired by the Red Sox in January after he was found to be the architect of the Astros’ 2017 sign-stealing scheme, one of the worst scandals in Major League Baseball history, trailing only the 1918 Black Sox scandal and the illegal player steroid era in its degree of damage to the sport. Commissioner Rob Manfred later suspended Cora through the end of the 2020 postseason. The revelation that Cora, a bench coach for then Astros manager A. J. Hinch,  had been at the center of an organized cheating scheme that helped bring the Houston Astros a World Championship also cast a shadow over the following year’s World Championship achieved by the Boston Red Sox, which had hired Cora as its manager. Did the cheating mastermind from Houston bring his unethical ways to his first managing job? Why wouldn’t he?

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Morning Ethics Shout-Out, 10/28/2020: “And Tyler Too…”

/ Jack Marshall / 6 Comments

I am ashamed: when I listed my anti-depression playlist, I somehow managed to leave out one of the best and most exhilarating songs of the group: The Isley Brothers’ “Shout.” I apologize profusely.

1. Self-delusion is not ethical. When Ben Ferencz, the last surviving lead prosecutor at the Nuremberg trials, finally leaves us (he’s in his nineties now and still going strong), I will make him an Ethics Hero Emeritus. As the new Netflix documentary about his astounding and ethics-focused life makes clear, few have devoted the time and energy to the cause of human rights and justice any more intensity or longevity than Ferencz. My admiration of him is only marred by his advocacy for pacifism, which the last portion of the film highlights. Ferencz was instrumental in the creation of the World Court, a kind of standing extension of the Nuremberg Trials which the U.S. has, wisely, refused to participate in. The legal scholar speaks passionately for the  cause of eliminating war by substituting law and international tribunals. The idea is delusional on its face, and also cynically exploited by those who know the idea is impossible, but who support it as a way to impose world government, and the concomitant reduction in individual liberty that would necessarily entail.

As Ethics Alarms has discussed many times, one great weakness of ethics as a discipline is its drift toward utopianism, and its persistent destruction of its own credibility by advocating goals and standards that cannot be achieved, indeed, that defy history and common sense. Has anyone asked Ben Ferencz if he really believes that Nazi Germany, Imperial Japan, the USSR or current day North Korea and Iran would voluntarily submit to the edicts of a World Court? If he has, it did not make the documentary. One can understand why a man who has seen and experiences why Ferencz has during his long life would cling to the hope that some day war will be eradicated and peace will reign forever, but rejecting reality for comforting idealism does not, and never has, advanced the cause of ethics.

2. This would seem to be an easy topic for a bipartisan bill. (Why isn’t it?) Democrats introduced legislation making it illegal for banks and other financial firms to discriminate against their customers because of their race, religion, sexual orientation and other characteristics. I thought this was illegal already, but the absence of any mention of financial services constitutes a loophole in the Civil Rights Act. Thus “The Fair Access to Financial Services Act,” introduced a week ago by members of the Senate Banking Committee, would explicitly outlaw discrimination against bank customers. Right now, it is legal for banks and other financial businesses to treat some customers differently based on race as long as the services aren’t denied entirely. Banks can legally use racial profiling to delay customer transactions, or require extra steps to prove their legitimacy.

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Business Ethics: Tales Of Two Partisan Dunces

/ Jack Marshall / 22 Comments

grocery Discount

1. The Trump Supporter: Jose Colon, owner of the Fresh Food Supermarket in Oakdale, New York,

Mr. Colon, a legal immigrant  from the Dominican Republic and a naturalized citizen, advertised a discount for supporters of President Trump on the store’s Facebook page last week.

“Trump supporters get 20% off.  Mention at the cash register you are a Trump supporter to get discount. (Excludes beer),” it read, as you can see above.

The store was immediately inundated with threats and social media posts advocating a boycott. Colon says he’s puzzled. .“We’re supposed to live in a free country,” Colon told Fox News. “This is weird. It’s crazy…We live in a free country where we support democracy, where we can go both ways, we can support left, right — whatever you want. I decided to vote and support the best interest, I believe, for this country.”

He has responded by offering the same discount to Biden supporters, and is claiming that this was his intent all along, though he is a vocal supporter of the President.

Let me try to explain what this particular citizen doesn’t seem to understand about his free country. It’s not going to remain free if people and businesses withhold goods and services from citizens based on their political beliefs, just as it is destructive to discriminate based on other criteria. If you want to break the nation into armed camps, having special restaurants, bars, grocery stores and movie theaters restricted to those of certain political persuasions is an excellent way to do it. What Colon did was well-intentioned, but un-American. He deserved the blowback, though the social media messages quotes don’t demonstrate any more civic comprehension than the grocery store owner seems to posess: what’s wrong with the discount isn’t that “Orange Man Bad,” but that it is unethical  for businesses to reward customers for their political views, which is the same as penalizing other customers for their political views. What does Colon think he’s doing? Buying votes with his discount?

I wouldn’t organize a boycott against a store that did this, but I wouldn’t buy groceries there again.

Then Colon’s solution to this dilemma of his own making was to offer the same discount to Biden supporters, discriminating against those who want to vote for the Libertarian or Green Party candidates, or Kanye West. Or me. Wrong. This flunks the Golden Rule test, Kant’s Universality test, and simple utilitarianism. In short, it’s unethical, and there is no ethical or civic defense for what he did. To be fair, the conservative news sources I’ve checked on this story, like Glenn Beck’s The Blaze, don’t seem to comprehend the problem any more than Colon does.

Meanwhile, does anyone believe that Colon always intended to offer a 20% discount to both Trump and Biden supporters as he now says? This is another reason for amateurs to stay out of politics: the pros lie better.

Well, usually.

2. The Biden Supporter: David Barrett, CEO of the software company Expensify.

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“Systemic,” A Four Part Ethics Alarms Depression, Part III: Higher Education’s Systemic Rot

/ Jack Marshall / 15 Comments

Not excused.

I promised not to pile on to ridicule the CNN legal analyst who for some reason only known by him and Priapus decided to—you know—while in the middle of a well-attended Zoom meeting, on camera. This presumably rendered the lawyer a permanent laughingstock whose career as a respected—well, not by me, but by progressive ideologues—commentator on law-related current events is probably kaput. It certainly should be kaput, but many have marveled that he has not been fired, just suspended, and some even are betting that after a “cooling off period,” he may be welcomed on CNN again.

I’ll take that bet.

Progressives and pundits are working so hard to spin his outrageous conduct that you would think he’s Bill Clinton or Joe Biden, worthy of the King’s Pass because of some unique value to the public, or at least to left-biased news coverage. He’s not; if there is one kind of expert that is as fungible as jellybeans, it’s legal pundits like…the guy whose name I promised not to mention again. But never mind that: any high placed employee of a company requiring public trust would be fired after an incident like this….including, I presume, a university professor.

Yet here comes University of Pennsylvania Graduate School of Education professor Jonathan Zimmerman to argue that masturbating on camera in a Zoom meeting is a “pseudo-scandal” rooted in Americans’ “collective unease with masturbation.”

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Another Morning Ethics Warm-Up Delayed Until Afternoon By Exigent Circumstances, 10/22/2020: Three Weird Stories That May Indicate That Everything Is Spinning Out Of Control

/ Jack Marshall / 40 Comments

I would have mentioned tonight’s debate in the headline, but I’m not fond of thinking about the future of American democracy resting on the ability of Donald Trump to speak coherently and to control himself. Who came up with this script anyway?

Then again, God works in mysterious ways…

1. In Alaska ethics news…Here’s an ugly ethics train wreck, and one of the best examples I could imagine of the old adage, “Don’t sleep with anyone crazier than you are,” except it doesn’t seem like there was sleeping involved.  

The mayor of Anchorage, Ethan Berkowitz, resigned last week after admitting that he had engaged in an “inappropriate” “consensual messaging relationship”— I’m not even sure what that is”—with an Anchorage news anchor.  

Berkowitz’s resignation followed an unsubstantiated claim in a video posted to social media by the news anchor, Maria Athens, promising viewers an “exclusive” story showing that the mayor engaged in sex act with underage children. When the mayor responded by calling the allegations “slanderous” and false, Athens posted what she said was an image of the mayor’s bare backside, and added a laughing emoji.

Yes, she is apparently insane. The Anchorage Police Department said it had worked with the F.B.I. to investigate the allegations about the mayor and “found no evidence of criminal conduct.”

Before Athens posted her video online, she had left a voice message for him in which she engaged in an emotional rant, made  anti-Semitic references and promised that she would be exposing the mayor as “a pedophile.” “I’m going to get an Emmy, so you either turn yourself in, kill yourself, or do what you need to do,” Ms. Athens said, according to the audio clip. She then said she would personally kill him and his wife.

That must have been some messaging relationship.

Athens, 41, is—well, was– the main news anchor for two outlets, KTBY and KYUR. The station owner said the video she posted had not been approved. After her video went up, Athens was arrested following a physical altercation with her boss at the station, and was charged with misdemeanor assault, criminal mischief and disorderly conduct.

So remember, kids, never engage in an inappropriate messaging relationship with someone crazier than you are.

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