Business & Commercial

Not Surprisingly, The French Are Just Plain Wrong About Vertical Dating

/ Jack Marshall / 8 Comments

..and so is blogger Amy Alkon, who launched her objections to vertical dating prohibitions with this report  by Ibtissem Guenfoud at ABC about the French reaction to McDonald’s CEO being sacked for having a sexual relationship with a subordinate, in violation of the company’s policy:

Some are calling it the latest case of American puritanism, “far from French ways,” and reminding the French public that, at least in France, employees and bosses are free to date and protected by their right to privacy… in France, the company’s rule not to date “employees who have a direct or indirect reporting relationship to each other” is seen as anti-freedom, including sexual freedom.Therefore, to exclude sex from the workplace as a means of protecting women is perceived as an exclusion from the sexual realm that they fought so hard to have access to, thereby reducing them again to the status of objects who need protection from men. “We are putting walls in places where it is not necessary,” Rudisuhli said. “The sexuality of people does not concern the company. Women are big enough to know what they want. All women do not dream of marrying their boss. There is contempt for women as if we were venal and we need to protect them. It’s contemptuous.” Rudisuhli voiced the concern that women in France risk being victimized in the wake of the #MeToo movement and reduced to an inferior position of needing protection, in the sexual realm as well as in the workplace. It is through this lens that many consider McDonald’s rules to be patriarchal….

Sure. In reality, it is through this lens that bosses who want to abuse their workplace power to get laid and employees who think they can use sex to get an edge on advancement see a threat to their unethical and destructive agendas.

I get it: the French culture embraces sexual harassment. That’s their choice, but don’t insult everyone else’s intelligence by trying to justify it by using a wave of rationalizations so high it would drown Marseilles. Continue reading →

Ethics Alarms Encore: “The Unethical Fine Print Game”

/ Jack Marshall / 3 Comments

The following  post from 2017 became relevant today when I prepared to comment on  a story last week on Politico: 

Passengers and their survivors won a $265 million court settlement with Amtrak after a 2015 derailment in Philadelphia killed eight people and injured hundreds more. But if such a crash happened today, the victims would not be able to sue. That’s because of a clause the passenger rail line quietly added to its ticket purchases in January, which forces disputes into arbitration with no right to go before a judge or jury.

The change is bringing objections from consumer advocates, who note that it covers scenarios ranging from ordinary ticketing complaints up to wrongful death, and even includes minors who had the tickets purchased for them. And it could soon get Congress’ attention. The language has flown under the radar so far, but may burst into view when the House Transportation Committee holds a hearing on Amtrak next week.

“It is one of the most anti-consumer and passenger clauses I’ve ever seen,” said Julia Duncan, senior director for government affairs at the American Association for Justice, which represents trial lawyers.

I realized that the post I was preparing to write was already written. Here it is, with a addition. [Some other posts on the topic of fine print—yes, it’s a perpetual source of annoyance for me— can be found here.] Continue reading →

The Waffle House Ethics Heroes

/ Jack Marshall / 15 Comments

I increasingly find myself searching, usually in vain, for stories to reassure myself and Ethics Alarms readers that out society, in the words of the pious churchgoers of Rock Ridge, isn’t “turning into shit.” Here is story out of Alabama involving a Waffle House. I’ve never eaten at one, though there has been a Waffle Shop down Russell Road in Alexandria, VA, less than five minutes from my home by car, the entire 39 years I’ve lived here. The fact that its awning has misspelled “Waffle” with only one “f” for all that time is the reason: I figure that it you can’t spell your own specialty, I can’t trust you to make it right, either.

But I digress…

At a  Birmingham, Alabama Waffle House  on the morning of November second, an estimated 25 customers found that the restaurant had only a single employee named  Ben on duty to serve the whole mob. Apparently there had been a scheduling snafu, leaving Ben with the responsibility of serving everybody. Said one witness to the scene, . “He was just staring at the room full of people. I can’t imagine what he was thinking.”

Then one customer who had been sitting at the bar, asked Ben what was going on and received the answer. He stood up, asked for an apron, and  started washing dishes. A few minutes later a female customer left her table and began bussing those of other partons, taking and serving orders, and making coffee. Then a third customer joined the volunteer staff. Continue reading →

Saturday Morning Ethics, 11/9/2019: ABC’s Epstein Cover-Up, Facebook’s Whistleblower Identity Censorship, And More

/ Jack Marshall / 5 Comments

I started this one at 3:30 AM. 

If you can’t sleep, might as well be thinking about ethics…

1. “I’m smart! I’m not stupid, like everybody says…” While trying to find  the post I linked to yesterday(about corrupt and abusive systems of municipal funding, justice and law enforcement that “are virtual dictated by poverty and demographics that make an ethical system impossible”),, I stumbled upon a post written in August, 2014, titled “Prediction: The Ferguson Ethics Train Wreck.”Five years and three months later, I had no clue as to what that prediction might have been, and was curious to find out what it was. My prediction was this:

At this point, we have no way of knowing what the truth is. Maybe Wilson executed Brown. Maybe he is a racist. Maybe he is a psychopath. And maybe Brown’s conduct justified the use of deadly force by the officer, and the teen was largely responsible for his own demise. Presumably we will eventually know the truth.I confidently predict this, however, based on what occurred in the Martin-Zimmerman case:

IF the evidence supports the conclusion that Brown charged at Wilson, neither the family of the slain teen, nor the African American community in Ferguson, nor the protesters, the race-hustlers, the black and progressive politicians who benefit by preserving racial tension and distrust,  much of the news media and many, many pundits and political bloggers, will change their rhetoric, accusations or the prevailing Ferguson narrative one bit. They need for the narrative as it stands to be true, and want it to be true. Massive confirmation bias will ensure that the death of Mike Brown will be talked about, protested and regarded as an example of racist police oppression of young black men, and the truth, in the end, will be irrelevant.

I hope my prediction is wrong.

And, as we now know, it was not. Several candidates for the Democratic Party’s 2020 nomination for President have referred to Brown’s “murder,” the news media has largely allowed their intentional misrepresentation to go uncondemned.

2. Democracy Dies in Darkness update: Facebook and YouTube have joined the bizarre media censorship conspiracy that is committed to keeping the name of the Ukraine “whistleblower” from as many lazy and inattentive members of the public as possible. This is happening despite the fact that his name has been thoroughly revealed in many forums: he is almost certainly Eric Ciaramella, a CIA analyst, committed Democrat and consort of Joe Biden, Rep. Schiff, John Brennan and other Impeachment Plan S architects. Ciaramella also was cited in Special Counsel Robert Mueller’s report on the now-disproven collusion between Donald Trump and Russia. It included  Ciaramella’s May 2017 email summaries of a meeting between Trump and Russian officials  that were eventually  leaked to a New York Times reporter. Continue reading →

Netflix’s “The Laundromat” And Money Laundering Ethics

/ Jack Marshall / 2 Comments

Now streaming on Netflix, “The Laundromat” is an entertaining and flamboyant  examination of the phenomenon and roots of international money laundering, brought to us by director Steven Soderbergh (“Erin Brockovich,” “Traffic”) using a screenplay by Scott Z. Burns. The often tongue in cheek film is narrated by actors Gary Oldman and Antonio Bandaras playing lawyers Jürgen Mossack and Ramón Fonseca , whose now defunct firm set up tax shelters and shell corporations for the rich, corrupt and criminal  all over the world. Their empire was shattered by the Panama Papers data dump in 2016.

The film’s tone veers from smug to blunt as it focuses on three adaptations of true stories involving  Mossack Fonseca clients, all narrated by the excuse- and rationalization-spouting lawyers, the real life versions of which tried to sue to halt the production.

“The Panama Papers” as they are now called consisted of 11.5 million leaked documents that detailed financial and attorney–client information for more than 214,488 offshore entities, many of which were legal, but that supported fraudulent schemes and other crimes.  The documents were the property of  Mossack Fonseca. Even now, the fall-out from the release of the documents is unclear, in large part because so many of them involve attorney-client privilege, and the rules and laws governing their legal handling are spread over many nations, laws and ethics rules. The leak itself was a crime, and the hacker responsible, who goes by the name of “John Doe,” has never been identified.

This is an international ethics train wreck, and one that is so complicated that I didn’t cover it in 2016. That was ethics commentary malpractice on my part, I think. It was the biggest ethics story of the year, even if it is still largely unresolved.

Whether the law firm itself broke any laws is still a matter of debate. As Oldman and Bandaras constantly remind us, Mossack Fonseca set up arguably legal structures, and, they claim, didn’t know or care how they would be used. This is still a gray area of legal ethics in the U.S., one that was highlighted when “60 Minutes” broadcast its Global Witness episode in 2016 . Partners in eleven large Manhattan  law firms were caught on hidden cameras  exploring possible ways to represent an individual posing as the agent of an “African despot” seeking ways to launder millions of dollars. The ethics rules say that a lawyer may not knowingly assist a client in a crime or fraud, but contrived ignorance can be an effective, if unethical, device for lawyers to avoid  accountability when representing  unsavory (but profitable) clients.  Remember, Enron’s law firm avoided any sanctions, while the company’s accounting firm, Arthur Anderson, was prosecuted and destroyed.

No, Ethics Alarms didn’t cover the Global Witness scandal either, though I have talked about it in legal ethics seminars ever since. Clearly, money laundering has not had proper priority here. Again, my fault. I’ll do better. Continue reading →

Two For The “When Ethics Alarms Don’t Ring” Files (Or Maybe “Mine Detectors” Is The More Appropriate Metaphor) [CORRECTED]

/ Jack Marshall / 21 Comments

HEY! Don’t you see that? IT’S RIGHT IN FRONT OF YOU!”

These two recent stories puzzle me. There are some aspects of civil conduct and societal norms that every cognitively functioning human being who lives in this society and culture cannot possibly have failed to notice. Nonetheless, these events keep happening. Quite part from the specifics of the incidents, they represent a failure of basic life competence.

1. California: Another Teacher Uses Blackface

I have, much to my sorrow—it was one reason Ethics Alarms is censored on Facebook—defended the use of dark make-up when its objective is not to denigrate and mock a race, but to play a dramatic role in a context where such make-up is necessary. White actors should be able to play the Moor Othello. In a saner society, white kids should also be able to dress up as Barack Obama or Beyoncé for Halloween, but interpreting any use of dark make-up as a deliberate reference to minstrel show “blackface” is now part of the victim lobby’s power tool kit, and one has to be aware of and understand the risks of bucking a treasured narrative.

How could any teacher not know, following the travails of Governor Northam in Virginia and Justin Trudeau in Canada, about this cultural landmine? If these elected officials, among others, were threatened by the cancellation culture for having used black makeup as students years ago, wouldn’t it be screamingly obvious that using blackface today, before a classroom, would be professional hari-kari? (Oops! Cultural appropriation there!)

Yet a white high school teacher in Milpitas, California wore blackface in his class on Halloween  to do an imitation of the rapper Common. Of course one of the students made a viseo, of course it came to the school board’s attention, of course it created an irresistible opportunity for members to grandstand and engage in virtue-signalling, and of course such opportunities must not be wasted.

Thus Chris Norwood, the president of the school board in solemnly intoned that the behavior was “inappropriate, unprofessional and insensitive” and called for an investigation, adding,

“As an African-American man, the history of blackface reminds me of the cruelty, hatred and fear my parents and people of African ancestry have dealt with in the past and still experience today around the world. Unfortunately, blackface still permeates global society today through social media, comedy and fashion.”

Continue reading →

Comment Of The Day: “Ethics Dunce And Revealed Jerk: Former Houston Astros Pitcher Gerrit Cole”

/ Jack Marshall / 9 Comments

For non-fans with the imagination to explore them, the Ethics Alarms baseball posts usually involve interesting ethics issues that are relevant to other fields. Perhaps no such post exemplifies this more than the recent essay reacting to a controversy after the 2019 World Series. The favored Houston Astros had lost in shocking fashion to the underdog Washington Nationals in a dramatic seventh game, and its ace pitcher, Gerrit Cole, apparently couldn’t wait to shed his Astros jersey and announce his free agency, which is widely expected to provide him with more than a third of a billion dollars. While the rest of his team was consoling each other and licking their wounds, Cole donned the cap of his super-agent’s company, and proclaimed that he was no longer on the team.

Ethics Alarms veteran commentator Glenn Logan was previously a distinguished sports blogger—though concentrating on college basketball, not baseball—and he authored the following Comment of the Day on the post, “Ethics Dunce And Revealed Jerk: Former Houston Astros Pitcher Gerrit Cole”:

I usually demure on baseball-related commentary because I don’t watch professional baseball much, but this one struck me as much more generally applicable than usual:

“Is it ever competent, responsible business to make an established jerk the top salaried employee in your organization? Isn’t that a version of The King’s Pass?”

I think that’s a great question.

So let’s look at this in a non-sports context. Would we be okay as an employer with paying top salary to a talented guy with a well-known public reputation for being a self-centered asshole who is anything but a team player? His results are indisputable, but his personality is abrasive, his maturation is completely arrested at fifteen, his learning curve is as steep as the Nevada Salt Flats, and every time he opens his mouth he embarrasses his employer.

I’m going to say yes. We hired just such a guy as President of the United States. So Americans are either incompetent, or, perhaps, the results are sometimes worth the price.

So that’s the question for whoever Cole’s next employer is. “Is this meat worth the pain?” If yes, then, well, break out the gold card, boys! Continue reading →

Morning Ethics Warm-Up, 11/4/2019: Ethics Alarms Threats, Lawsuits, Censors And Foes

/ Jack Marshall / 24 Comments

Good morning!

I’m hoping that I can get back on a more regular schedule soon, and I want to express me thanks for everyone’s patience with the unexplained gaps in commentary and the “warm-ups” that have been turning up ad odd hours of the night.

1. Ethics Alarms defamation suit update! The banned Ethics Alarms commenter whose feelings I hurt received notice that his appeal of the trial judge’s rejection of his absurd defamation claims was rejected, as was his motion to file a non-conforning brief, and his motion for sanctions against me as a Massachusetts lawyer.  Within minutes he had filed a motion for reconsideration. This, of course, requires me to file a response. It is vengeance by pro se abuse, of course, and wildly unethical, but I assumed this was what I was in for.

2. More “Welcome to my world!” notes. A Democratic  candidate for Congress in Michigan whom I referenced as an aside in this post in June about one of Rep. Ocasio-Cortez’s dumb tweets invaded my in-box last night to ask that I take down the post, saying in part,

I am sending this email to you to formally request that you remove my name from this website. As you are aware AOC has received a number of death threats.  I am a candidate running for Congress in Michigan and I recently had someone shoot a bullet through the window of our headquarters.  We are in the process of getting security however your decision to place my name on a website with someone who is constantly in danger [is] extremely dangerous to my safety and the safety of others. I have contacted the police & I am also in the process of contacting the FBI.  I will be certain to point out your website.

To which I said, in essence, “Bring it on.” I don’t respond well to threats, especially stupid ones. This party really does have a problem with free speech, doesn’t it?

3. Here’s why I don’t belong to the American Bar Association…President Trump’s Ninth Circuit judicial nominee Lawrence VanDyke was called arrogant, lazy, ideological and an anti-LGBTQ bigot in the American Bar Association’s official evaluation of his qualifications for the post. This was based on accusations against the nominee from unnamed associates, sniping at him from the shadows of anonymity.

“Absolutely outrageous and couldn’t be further from the truth,” protested Nevada Attorney General Adam Laxalt. VanDyke served as state solicitor general under Laxalt, Others interviewed by the ABA for the reports said that their positive recommendations were greeted with perfunctory indifference by ABA personnel. Joseph Tartakovsky, Nevada deputy solicitor general for three years under VanDyke, said his ABA phone interview lasted  seven minutes at most, during which “it was clear to me that she was going through the motions.” Tartakovsky said he was “surprised and dismayed” when he read the ABA’s critical letter, as he  gave VanDyke a strong recommendation, saying he was an “exceptional lawyer” and “born to be a judge.”

I don’t know anything about VanDyke, who could be a legal genius or a judicial hack. I do know the American Bar Association has long been dominated by Democrats and progressives, and is among the many professional associations that has disgraced itself and its members by tacitly allying itself with the “resistance.” The ABA has been incapable of objective assessments of the qualifications of judicial nominees for decades, and should not be trusted with the assignment.

4. Facebook ethics, or what passes for them. Facebook honcho Mark Zuckerberg upset his troops when he announced that his social media platform would not fact-check political ads and censor them for being “false.” Facebook had been using the biased and untrustworthy PolitiFact and Snopes as fact-checkers, so obviously his was the right decision. His minions, however, have been vocal in dissent, even recruiting Hollywood Hard-Lefty Aaron Sorkin to write an “Open Letter” of protest.

I obviously have some experience with Facebook’s objectivity in deciding what information should be published or not, since Ethics Alarms has been banned from the site without any explanation. These people can’t distinguish “facts’ from opinions they don’t like, especially when the opinions contradict the agendas of the Axis of Unethical Conduct (Democrats, “the resistance,” and the mainstream media). Sorkin claims that he fears for children believing that “Kamala Harris ran dog fights out of the basement of a pizza place while Elizabeth Warren destroyed evidence that climate change is a hoax and the deep state sold meth to Rashida Tlaib and Colin Kaepernick.” but the sooner kids learn how to sniff out garbage, the more competent adults they will be. Who is Sorkin kidding? He knows it isn’t the crazy stuff he wants Facebook to smother: he doesn’t want ads that argue that Democrats have been trying to overthrow a President without winning an election, because when you are conducting a disinformation campaign you don’t want any opposition.

 

Saturday Leftover Ethics Candy, 11/2/19: The Spy In My Hotel Room, And Other Scary Tales

/ Jack Marshall / 12 Comments

Yum.

1. OK, I want to see all of the Facebook trolls who mock every single careless or foolish thing President Trump has ever said to be fair and consistent, and make an appropriately big deal over this astounding quote from the Governor of New York:

“[A]nyone who questions extreme weather and climate change is just delusional at this point. We have seen in the State of New York and we have seen — it is something we never had before. We didn’t have hurricanes or super storms or tornadoes,.”

Now, I’m relatively certain Cuomo doesn’t really mean that New York never had  big storms before the climate started warming, but the President’s critics in social media and the mainstream media never give him the benefit of the doubt, because they just know he’s an idiot…or lying.

In related news of the media double standard and its bash-Trump obsession, this article was given a three-column spread on the New York Times front page: “The ‘Whimpering’ Terrorist Only Trump Seems to Have Heard.” It is a breathless report of the results of a Times investigation into whether ISIS leader Abu Bakr al-Baghdadi really was wimpering, crying and screaming before he was killed by U.S. forces, as President Trump colorfully told the nation.

Let me be blunt: I..Don’t…Care.

Do you? This is like a fish story; it’s a non-material, unimportant fib at worst. Putting such a story on the front page is an exposé all right: it exposes the Times’ complete loss of all perspective regarding the President.

2. AI ethics. As my wife and I were checking out of our New Jersey shore hotel this week, I noticed an Alexa on the desk. Does that mean that our wild midnight orgy with the Mariachi band, the transexual synchronized swimming team and the goats was recorded and relayed to the Dark Web. I don’t know.  A hotel has an obligation to inform guests that these potential spies and future SkyNet participants are  in their rooms, and guest should have the option to say, as I would have, “Get that thing out of there!” Continue reading →

Ethics Dunce And Revealed Jerk: Former Houston Astros Pitcher Gerrit Cole

/ Jack Marshall / 13 Comments

Incredible.

I’ve never seen anything like it.

Gerrit Cole’s team, the Houston Astros, had just suffered a shocking defeat in the 2019 World Series at the hands of the underdog ( and significantly inferior) Washington Nationals. Cole had won the last Astros victory in Game 5 in impressive fashion, but his team returned home to Houston—where they had the best home record in baseball— to lose their third and fourth consecutive games in their  own stadium (they had never lost more than three straight all year) and  become the only team in World Series history to lose in seven games without winning a single home game.

The script for players on losing World Series teams is old and well-established. They say that they are proud of their team and team mates. They say that they wish the team could have won a championship for its fans, the best fans in the world. They say they are heartbroken, but that they salute the victors.  This isn’t hard.

But Gerrit Cole, after the final game of the 2019 World Series, appeared on TV wearing the cap of his agent’s company, and said, “I’m not an employee of the team.”  Continue reading →