Business & Commercial

It’s Comforting To Know That Yale Is Educating Future Lawyers As Incompetently As Harvard, I Guess

/ Jack Marshall / 7 Comments

Actually, it’s terrifying.

A core function of lawyers in our society is to give everyone equal access to the law irrespective of their believes, interests, or motives. Without them, the public and all of its entities, institutions and organizations become slaves and victims of laws rather than beneficiaries of them, with an elite and corrupted professions using their knowledge and skills to distort democracy rather than protect it.

The relentless ideological corruption of academia is slowly but surely corrupting the professions it is trusted to train, with lawyers being a striking example. Now law students are increasingly taught that their interests, not their clients, should be the focus of their passions, and those interests have been dictated by progressive and leftist agendas, with the aim of transforning a profession designed to be equally accessible to all into a tool of dominance by one side of the political spectrum over the others.

This developments is the reason ethics alarms must sound over the students of both Yale and Harvard Law Schools condemning a major law firm’s choice of clients. They are trying to build a national law student boycott of Paul, Weiss, Rifkind, Wharton & Garrison until the firm drops  ExxonMobil as a client. Climate change, you know. As we increasingly see, the environmentalist cult is being used to justify weakening democratic institutions and principles.

A pledge is circulating declaring that top students will no longer interview for summer associate positions or work at the firm until Paul, Weiss, and of course there will be other firms, no longer represent the oil and gas giant, and, inevitably, other energy companies.  Providing Exxon with competent representation in a series of climate change lawsuits makes firms complicit in the planet’s destruction. Thus the legal system must be rigged against them.

The last sentence is my fair and accurate translation of the objective behind the pledge, which reads, Continue reading →

Saturday Ethics Warm-Up, 2/8/2020: “Procrastinating To Delay Writing About Another Debate” Edition [CORRECTED]

/ Jack Marshall / 7 Comments

Good morning.

Way, way too much ethics-related politics this past week. I keep getting complaints about all the political content, and it annoys me too, but I don’t know what kind of alternatives I have. Back in the sane days, the idea of a House Speaker planning on tearing up the official copy of the State of the Union speech would have been the stuff of Saturday Night Live…when SNL would make fun of Democrats, anyway. I’m trying to keep the politics to a minimum. I swear.

1.  The Astros cheating scandal, cont. Would you wonder about this answer? A.J. Hinch, the ex-Houston Astros manager who was fired and suspended by Major League Baseball for allowing an illegal sign-stealing scheme to be used by his players for the entire 2017 World Champion Astros season, finally sat down for an interview.   When he was asked whether Houston players had utilized buzzers in their uniforms to receive signsduring the 2019 season as some have claimed based on inconclusive evidence and rumors, Hinch only would answer, “The Commissioner’s Office did as thorough of an investigation as anyone could imagine was possible.”

Why not “No”? That was what reporters term a “non-denial denial.”

2. If they advised her to run her sick child through the washing machine and he drowned,  would that be their fault too? The death of a four-year-old boy named Najee is being blamed on an anti-vaxx Facebook group.

The boy had been diagnosed with the flu and the doctor had  prescribed Tamiflu. His mother sought advice from the Facebook group “Stop Mandatory Vaccination” on how to treat her son’s’ illness. The members told her to give the boy vitamins, botanicals, zinc, fruits and vegetables, and to skip the medicine.

“Ok perfect I’ll try that,” she responded. Later that night, Najee had a seizure and died. Continue reading →

Ethics Quiz Of The Week: Compassion For Madoff?

/ Jack Marshall / 12 Comments

Infamous swindler Bernard Madoff had his attorney file court papers this week requesting that a federal judge  grant him a “compassionate release” from his 150-year prison sentence. The 81-year-old convicted sociopath says he has less than 18 months to live because his kidneys are failing. Madoff has served just eleven years, or less than 10% of his punishment.  His dying wish, he says, is to salvage his relationships with his grandchildren.

By all means, we should care about Bernie Madoff’s wishes. He pleaded guilty in 2009 to 11 federal counts in a heartless scheme that ruined the futures of thousands and put non-profits and charities out of business.

Your Ethics Alarms Ethics Quiz Of The Week is

Should Madoff get a “compassionate release”?

Continue reading →

After School Ethics Special, 1/6/2020: Stupidity On Parade

/ Jack Marshall / 24 Comments

 

“Help?”

A grateful pointer to Althouse for finding this photo, which raises automatic ethics questions. I am viscerally opposed to putting sweater, clothes and costumes on dogs, in part because all of our dogs have hated it, and one, our feisty Jack Russell Dickens, would twist himself like a contortionist to get out of any garb, whereupon he would rip it to shreds. Several of her commenters make a great point, however: it is unethical to force dogs bred for warm and dry climates to live in wet, cold ones. I have dog-lover friends who insist that dogs are humiliated by being dressed up, like Ralphie in his bunny pajamas. That, I think, is a stretch.

1. Don’t blame Disney. Emerson Elementary School in Berkeley, California decided to raise money for the PTA by selling tickets to a screening of  The Lion King. CNN explains,

“One of the dads bought the movie at Best Buy,” PTA president David Rose told CNN. “He owned it. We literally had no idea we were breaking any rules.” While the school doesn’t know how exactly the company discovered the movie was played, Rose said the school’s PTA will “somewhat begrudgingly” cover the cost of the screening. An email sent to the school by Movie Licensing USA informed Emerson faculty that the company had “received an alert” that “The Lion King” was screened during an event on November 15. Movie Licensing USA manages licensing for Disney and other major studios. And since the school does not have a license with the company, it’s been asked to pay $250 for the screening — and $250 per showing of the movie at any future events at the school.”

What? “Somewhat grudgingly”? They had “no idea” charging for tickets to see copyrighted material broke any rules? Those rules are well-displayed on any DVD, and any duty of reasonable intelligence should be able to figure out what’s illegal about doing what they did. There weren’t any lawyers among the organizers and attendees?

In its story about this episode, Boing Boing, an entertaining site with an annoyingly “woke” staff, implies that Disney is being an greedy old meanie, and that the PTA was an innocent victim of another evil corporation.  Wrong, and stupid. If companies don’t protect their copyrights and trademarks, they can lose them. Disney has been overzealous in this area, but not on this occasion.

2. KABOOM! Chris Matthews suggested yesterday that the Democrats should consider nominating Adam Schiff for President. Continue reading →

Was Rush Limbaugh A Worthy Recipient Of The Medal Of Freedom Award?…Epilogue

/ Jack Marshall / 25 Comments

I am doing this for my own sanity. After I researched the post about Rush, I couldn’t stop thinking about the figures who have not received Medals of Freedom. If you think about it, it will drive you crazy too. The honor is now self-defining, like all such honors—the Mark Twain Award and the Kennedy Center Awards come to mind.

The sequence in the post that asked “Why Robert De Niro  and not, say, Al Pacino, Gene Hackman or Dustin Hoffman? Why Loretta Lynn and not Johnny Cash? Why Stephen Sondheim and not Jerry Herman? Why Chita Rivera and not Rita Moreno? Why Vin Scully and not Ernie Harwell?” did it to me. President Trump has entered the realm of post mortem MOF honors, for Elvis (if Elvis, why not Buddy Holly?)and Babe Ruth (If Babe, why not…well, there really isn’t anyone like Babe Ruth). I have no problem with either of them: they are clearly cultural icons who changed America. But once we open the doors to the past, there are thousands of important Americans who haven’t been honored.

Every President from Kennedy on has been awarded a medal (JFK,  LBJ and Bush I posthumously) except Nixon and Bush II.  If dead Presidents are eligible, then where’s Washington? Adams? Jefferson? Madison? Lincoln? FDR? Truman? Ike? Teddy? Trump can make progressives’ heads explode by giving the Medal to Andrew Jackson. He can have a ball with this. Continue reading →

Afternoon Ethics Respite, 2/5/2020: On Accountability, Karma, Never-Trump And Mookie

/ Jack Marshall / 44 Comments

What a delightful afternoon!

It never fails. After a stretch where I am especially pleased with the quantity and quality of Ethics Alarms content, I lose followers. Occasionally someone has the courtesy to contact me and tell me why they are dropping Ethics Alarms, but usually not. I know I obsess about such things, but it is like being defriended: I deserve the courtesy of a direct contact and an explanation. One well-remembered exit was by a woman who was very active the comments but always regrading formal ethics theory. I know that stuff, I studied it, and it bores me to tears. I also view the academic approach to ethics as substantially responsible for the public’s general disinterest  in ethics generally. When I finally told the ethics enthusiast that this wasn’t the kind of ethics blog she was looking for, she sent me an email that announced her departure.

1. Of course, the big news yesterday…was that the Boston Red Sox traded their best player, Mookie Betts, to the Los Angeles Dodgers for two young players and the willingness to take on the ridiculous contract of an aging, injury prone ex-ace, David Price. Boston being Boston, this was a story of much more consequence in the Hub than the State of the Union, the Democrats continuing inability to run  caucuses in Iowa, or the resolution of the impeachment washout. This shows, as I have always known as a born and bred Bostonian, that the city has its priorities straight.

Betts is that rarity, a young, great player who can do everything well, and do it with charm and modesty. He should be the face of the franchise for the next decade, but there’s a problem: Mookie wants to test the free agent market after this season, when he is eligible to do so. The Red Sox have offered him a long term deal in each of the last two seasons, and he recently rejected an offer in excess of 300 million dollars for ten years. On the open market Betts might get 30% more than that, and the Sox are loath to get into a bidding war. Thus, to avoid the fate of the Washington Nationals, who allowed their similarly young superstar Bryce Harper to flee without getting more than a draft choice in return (Mookie is better and nicer that Bryce), the Red Sox swallowed hard and traded him to the Dodgers.

Ethics notes:

  • In the trade, Boston gave up the best African American player in its long prejudice-stained history as well as its single African American starting pitcher. It says something about the team’s progress in this area that nobody has seemed to notice.
  • In trading Betts and Price after firing Alex Cora, the team’s manager implicated in the Houston Astros sign-stealing scandal, the Red Sox just happened to bid farewell to the three most vocal boycotters of President Trump’s invitation to the team to be honored at the White House for the its 2018 World Series victory. Red Sox cohesion was never the same after the grandstanding “Orange Man Bad” explosion that split the squad down the middle. Mookie never seemed quite as nice after that; Cora never seemed as wise, and Price always was a jerk.
  • Betts has told anyone who would listen that he wanted to stay in Boston, that he loves the city and fans, and that the Red Sox were just proving that baseball is a business. That’s disingenuous spin, and clearly so. If you really want to stay with a team, then you accept the paltry wages of more than 30 million dollars a year to do so.

2. Since there seems to be a strong disagreement among the commentariat on this question, I need to poll it:

Continue reading →

It’s A Super-Political Day, With Iowa, The STU, And The Impeachment Wrapping Up, So I Will Forgive Myself For Yet Another Politics-Related Post…

/ Jack Marshall / 8 Comments

A. Let this be a reminder that the social media giants will try to place their fists on the scale this election cycle.

The political spot above, a creation of the Republican group America Rising, was flagged by Twitter, which warned users that   “The following media includes potentially sensitive content.”

What’s the sensitive content? The video is overwhelmingly constructed of news clips and recorded quotes from political figures, including the President, that were broadcast nationwide.   It appears that Twitter considers pro-Trump, Republican, conservative advocacy, even of a res ipsa loquitur variety, inherently offensive to its audience. That may well be true, but the Russian attempts to manipulate what voters see and here in the 2016 campaign will be  dwarfed by the domestic efforts by the social media platforms and search engines—all for the greater good, of course.

B. Nah, there’s no mainstream media bias! Go ahead, enablers and deniers, rationalize  this one. Continue reading →

Morning Ethics Warm-Up, 2/3/2020: Super Bowl Hangover Edition

/ Jack Marshall / 4 Comments

Well HEL-LO!

1.”A Nation Of Assholes” indeed. Not for the first time, the NFL and the Super Bowl, aided and abetted by the network whose news arm presents almost all of its female on-air talent as bimbos, is excoriated for it, has a movie made about it, and doesn’t care, presented a half-time show that spectacularly violated FCC rules about what could be broadcast when children are likely to be watching. There were stripper poles, crotch grabs, crotch shots and simulated sex. You know: family entertainment.

Did you know Donald Trump is a crude vulgarian?

Here’s some of Megan Fox’s critique:

…The camerawork was outrageously gross, zooming in on Lopez’s barely covered crotch, so close that the viewer could see some sort of silver maxi pad sticking out from either side of her way-too-small fraud of a garment. If that thing wasn’t riding up between her front-hole lips, then my 6o-inch HDTV television was lying to me, and HD never lies… The only thing separating her anus from the camera is a pair of sheer stockings and a black thong. This is not okay. What the hell is wrong with the NFL? … Also, the cameramen were focused on JLo’s crotch for most of the performance….If you want to see it go find it. But it’s indecent and totally inappropriate for the Super Bowl halftime show. Shakira was not as offensive, although the cameramen also could not stay away from her crotch. But at least she was wearing an imitation of a skirt and she wasn’t on a stripper pole. Yep. JLo did a striptease pole dance while barely-dressed backup dancers simulated an orgy underneath her. It was disgusting.

What is the message here for young women exactly? You are not a sexual object and can demand men be fired for looking at you or complimenting you in the #MeToo era. You can also dress up like a whore and gyrate around on stage half-naked for the pleasure of men, but if they take pleasure in it, you can accuse them of being harassers. Get it?

Continue reading →

The Ethics Mess That Is US Race Relations, Chapter II: Playing Rosa Parks

/ Jack Marshall / 1 Comment

I don’t understand why this story should even be news, but the fact that it was treated as news, and worse, promoted as news by an NAACP official, is significant , disturbing, but, sadly, not at all surprising.

Sherrilyn Ifill,  the president and director of the NAACP Legal Defense and Educational Fund in New York, was returning to Baltimore from New York on Amtrak last week  as she often does. She was sitting in a general-admission area of a largely empty passenger car when a female junior conductor asked her to leave her seat and move into another car  because she had “other people coming who she wants to give this seat.”

Now as it happens, I was once asked to move to another Amtrak car. I had no idea why, but assumed there was a good reason, and the inconvenience was negligible.  Maybe a large group was getting on at the next stop. It was, simply, not a big deal. I’ve been asked to change seats on airlines, too, sometimes with an explanation, sometimes not.

But then, I’m not a high official with a civil rights advocacy organization with an interest in exacerbating racial disharmony in order to sat in business. . Ifill tweeted, “When I was laying [the junior conductor] out to the conductor, at one point, I said, ‘I can sit where I want,’ and I thought, ‘This isn’t 1950.” Continue reading →

Now Don’t Sue Me, SmileDirectClub, Because This Only This Ethicist’s Opinion, But…

/ Jack Marshall / 8 Comments

“Hey! That’s a GREAT Idea! I LOVE it! Sure I’ll accept a refund in exchange for never telling anyone how lousy your product is!”

…no one should trust or do business with a company that engages in this unethical practice. Just an opinion, now.

What SmileDirectClub does, as documented in a New York Times Business Section story, is force customers to sign a non-disclosure (or confidentiality) agreement before they can receive refunds for unsatisfactory products. That way, other customer can’t find out about what the SmileDirectClub  can turn out to be, and in ignorance are more unwitting customers.

Here’s an excerpt from the Times piece: Continue reading →