Business & Commercial

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 →

Sunday Ethics Warm-Up, 10/27/2019: The Grant Viktor Bowen Marshall Birthday Edition

/ Jack Marshall / 21 Comments

Samara Orphanage #2, where we found our son,

It’s a good day.

On this date in 1994, my son Grant was born in Russia. His mother, who was unmarried, did not abort him as many women in her position might have and do, but chose to give him up to be cared for the state, as she declared under oath that she could not. For six months, he lived in one of the packed and underfunded orphanages in Samara, near Moscow. Samara is among the most depressing places I have ever visited, only slightly edged out on my list  by Lorton Penitentiary in Northern Virginia, now shuttered, and Lagos, Nigeria.

Our adventure adopting Grant is too long and involved to record today, but I need to do that. Boris Yeltsin was closing down international adoptions, and we were in a group of four American couples racing to rescue some kids before the gates closed for an unknown period. Children were (and are) seldom adopted in Russia by Russians, and usually they end up warehoused until they reach 18, when they are released to the street. Samara was, it is fair to say, a true hell-hole, lacking drinkable water, businesses, and basic infrastructure. The nurses and administrators running the orphanages were kind, caring and dedicated, but they were also desperate. They tried every tactic imaginable to persuade Americans to adopt multiple children. I am still haunted by the faces of the kids that were introduced to us, and who we left behind. I don’t want to think about.

After a week of being shuttled and raced around the Russian bureaucracy, bribing officials with clocks and silverware, Grace and I made it to the U.S. Embassy with our new son and the necessary papers. The documents falsely stated that he was suffering from multiple maladies, the only way an infant could be adopted by foreign parents under the existing laws. In fact, he had been the healthiest baby in Orphanage #2, a trait he has continued into adulthood. He is almost never sick.

Just like Damien in “The Omen.”

We flew back to the U.S. on the “orphan plane,” a regular Moscow-to-New York flight routinely filled with U.S. parents and their adopted Russian children. The sound of crying infants and chattering toddlers was constant the whole flight. It was glorious.

I look at Grant today, a healthy, defiantly independent, iconoclastic young man with a life of opportunities and challenges before him , and reflect upon the kind of life he would be facing in Samara had a series of accidents and random events not brought our family together.

When Grant was 6, he asked me why he was born in Russia (the little sneak had surreptitiously broken into our documents box and read his adoption papers. I told him that sometimes a loving couple’s child would be born in the wrong place, and then his or her parents had to retrieve him. That was what happened with him, I explained. Grant liked that story so much he told all his friends.

The funny thing is, although I made it up at the time, I believe that with all my heart.

Happy Birthday, son.

[It’s also a good day because on this date in 2004, the Boston Red Sox ended 86 years of frustration and won their first World Series since 1918. Grant said at the time that finally he was certain that I would never forget his birthday.]

2. How’s that minimum wage increase working out for everyone? I was in a Taco Bell last night. The chain has added computer ordering, and there was one person behind the counter. Minimum wage increases cost jobs and makes automation cost-effective. It drives small businesses to ruin, and moves low-skilled Americans from work to public assistance. All of this has been well-understood and known for decades, yet the Democratic Party and all of the current Presidential candidates still pander to organized labor the economically-challenged by making minimum wage hikes a rich-vs-poor rallying cry. Given that the increases don’t affect the rich at all and hurt the poor, I judge the advocacy and disinformation awfully close to evil. If that’s too harsh, It is certainly unforgivably unethical. Continue reading →

Ethics Lessons From An Ethics Dunce, Ed Stack, Dick’s Sporting Goods CEO

/ Jack Marshall / 5 Comments

Ed Stack, the CEO of Dick’s Sporting Goods, is profiled in Sunday’s New York Times. He reveals himself as a thorough Ethics Dunce on many fronts, but in doing so performs a valuable service by showing vividly why the world doesn’t work, or at least the United States.

  • Stack had an epiphany, we learn, after the shooting murders of 17 at the Marjory Stoneman Douglas High School in Parkland, Florida. “As Mr. Stack watched the news, he decided to drastically curtail Dick’s gun sales,” we learn.

This is management incompetence, and life incompetence as well. Stack employed pure emotion to make a business decision with unknown impact. Such business practices make an executive untrustworthy by definition.

  • Quote: “But I sat there hearing about the kids who were killed, and I hadn’t cried that much since my mother passed away. We need to do something. This has got to stop.”

More incompetence, and irresponsible as well. More than two years after deciding, based on a single unusual tragedy, that guns are bad, Stack’s level of criticism remains stuck at the “Do something!” stage. Of course, so is the anti-gun movement generally, making Stack an excellent symbol of its lack of policy seriousness and willingness to deal openly with reality. Continue reading →

Cancellation Culture Gone Nuts: The Kenneth Fisher Saga

/ Jack Marshall / 20 Comments

“Be afraid…be very afraid.”—Geena Davis in “The Fly”

Kenneth Fisher, the acclaimed billionaire money manager whose investment firm manages more than $112 billion of investors’ money,  spoke at an October 8 conference.  In his remarks, he said getting new clients was akin to “trying to get into a girl’s pants.” The analogy between marketing and seduction is old, common, and not without validity. It can (and should) be expressed in less vulgar ways, to be sure, but no one in the audience could have mistaken Fisher’s meaning.

Yet the New York Times described the remark as a “lewd and sexist joke”—Lewd? Joke?—and like-minded cancellation culture posse members set out to destroy Fisher and his business in retribution for using an analogy of dubious taste. [ I should note that some attendees at the conference–including some who are Fisher’s competitors—reported that there were other “off-color” comments that could not be confirmed by the Times.]

Thanks to a news and social media campaign since he made that “joke,” the past two weeks have seen public pensions and institutional investors pull nearly $2 billion from Fisher Investments, which has 3,500 employees.  They also deserve to lose their jobs, presumably, because their boss is insufficiently sensitive in a #MeToo world. Other public pensions have placed  Fisher’s firm on a watch list for potential action.

Friday Night Ethics Lights, 10/25/2019: Signs Of The Coming Apocalypse?

/ Jack Marshall / 17 Comments

Good Evening!

1. More evidence of ethics rot and educational malpractice at Harvard. The Harvard Crimson covered an “Abolish ICE” protest on its campus last month. The fact that the supposedly most prestigious college in the nation would have something as idiotic as an anti-ICE protest attended by more than a few unfortunates with closed head injuries is troubling enough, but behold:   student activists attacked  the daily student-run paper  for “cultural insensitivity” and of “blatantly endangering undocumented students on campus.” because it contacted the immigration enforcement agency for comment after the protest had ended.

The Horror.

Now hundreds of America’s alleged best and brightest have signed a petition demanding that the newspaper operate as if ICE didn’t exist.

 Crimson editors Angela N. Fu and Kristine E. Guillaume defended its practices  in the paper this week, protesting that asking for comment is a standard journalism device, arguing in part, “We seek to follow a commonly accepted set of journalistic standards, similar to those followed by professional news organizations big and small. Foremost among those standards is the belief that every party named in a story has a right to comment or contest criticism leveled against them.”

Forget it, Angela and Kristine. You’re supposed to be partisan activists, like the mainstream media.

Ethics experts from the Student Press Law Center and the Society of Professional Journalists supported the Crimson, citing the  SPJ’s Code of Ethics. That’s nice, although I would call the gesture “lip service.”

2. SkyNet is listening. Because of loopholes in their security software, hackers can use  Amazon Alexa and Google Home virtual assistants to eavesdrop on user conversations without their knowledge, and even trick users into handing over sensitive information.

Gee-what-a-surprise….

For once, the American Bar Association got comparatively ahead of looming legal ethics risks created by developing technology by issuing a resolution in August urging bar associations and the legal profession to develop guidelines addressing the risks posed by attorney use of artificial intelligence. It’s a long document, undoubtedly missing many issues on the horizon, and regarding those personal assistants, it lacks an essential sentence: “Don’t let those things get within ten miles of your legal work.” Continue reading →

The Houston Astros May Be Trailing In The World Series, But With Assistant General Manager Brandon Taubman They Have A World Champion Ethics Dunce…[UPDATED]

/ Jack Marshall / 9 Comments

‘Why am I smiling! Because I love our closer! He’s got a great fastball, and a great left cross! Aw, lighten up!’

What an idiot.

What an ethically clueless idiot.

The prelude: Last season, the Houston Astros, now embroiled in a World Series with the underdog Washington Nationals, embarrassed themselves by violating the team’s own stated domestic abuse policy by trading for closer Roberto Osuna from the Toronto Blue Jays. The 23-year-old Osuna had just completed a 75-game suspension from MLB for allegedly beating up his wife. The Blue Jays had announced that he would not be a member of their team going forward, despite the fact that he was regarded as one of the best late-inning relievers in the game. Even though the Astros had previously announced a “no-tolerance” policy toward domestic abusers, the team enthusiastically proclaimed their acquisition of Osuna, saying, among other hypocritical  and self-contradictory blather, that the team was “confident that Osuna is remorseful, has willfully complied with all consequences related to his past behavior, has proactively engaged in counseling, and will fully comply with our zero tolerance policy related to abuse of any kind.” At the time, I partially translated the ridiculous double-talk thusly:

…In the interest of winning and because the ends justify the means, we are suspending our “zero-tolerance” policy regarding “abuse of any kind” to tolerate a player whom Major League Baseball has determined to be a very serious abuser. I don’t know how we’re going to tell another player who is credibly accused of less serious abuse that we won’t tolerate his presence on the team when we just voluntarily brought an abuser onto the team, but never mind: there’s a pennant to win. I’m pretending that Roberto has complied with all consequences related to his past behavior when he is currently pleading not guilty in his pending Canadian trial on battery charges, in the hope that most fans aren’t paying attention.Thank you.”

The Astros are NOT the favorite team of feminists, #MeToo advocates, or anyone who does not appreciate the King’s Pass being given to men who slap women around.

The latest episode:  From Sports Illustrated: Continue reading →