Business & Commercial
Morning Ethics Warm-Up, 8/27/2019: Desperation
Good morning.
1. Here is why the breast-beating about “doing something” about climate change is dishonest, disingenuous, futile and pointless. Brazil is telling the rest of the world, especially nations that developed their own economies with reckless impunity on the way to wealth and power, to back off its demands that Brazil stop burning its own rain forest. Of course it is taking this stance, and Brazil isn’t the only developing nation that will take that position and has every right to take that position.
Brazil’s defiance is also a definitive rebuttal to the argument that the United States should spend billions—trillions?—in virtue-signaling climate change policies that under the most optimistic scenarios won’t “fix” anything without mass cooperation by nations in Brazil’s position—and that’s not going to happen.
2. The theory: somebody has to pay. A judge in Oklahoma yesterday ruled that Johnson & Johnson intentionally hid the risks and hyped the benefits of opioids, ordering the company to pay the state $572 million in damages. This is the first trial of a drug manufacturer for the destruction wrought by prescription painkillers.
I don’t know if the verdict is fair, having not seen the evidence and heard the arguments. I don’t know that the verdict will hold up on appeal. The theory used by the state was questionable: the judge found that Johnson & Johnson perpetuated a “public nuisance” by contributing to an ongoing public health crisis that could take decades to address successfully. Yet there was no proof offered that doctors who prescribed the drugs were misled, or that Johnson & Johnson violated federal drug regulations.
Public nuisance laws typically apply in cases where something interferes with a right common to the general public and results in danger on roads, parks,and other public areas, and not usually public health, which is what the state argued in this case. Johnson & Johnson’s lawyers contended that the state was contorting public nuisance law to the point of being unrecognizable. Of course, the same argument was made when product liability laws started moving beyond the “buyer beware” stage.
Not reading and hearing all the evidence, I can only wonder if this is case of deep pockets being held responsible for a tragedy that had no single, obvious villain. Doctors prescribed drugs approved by federal regulators, and the drug manufacturers supplied them, legally. Then citizens took the drugs, voluntarily, in a political and social culture that increasingly shrugs off drug use and abuse. Continue reading
Monday Morning Ethics Warm-Up, 8/26/2019: Bad Business And Bad Businesses
Whoa! A morning surprise!
As I commented on yesterday’s warm-up, traffic on Ethics Alarms was discouraging slow all weekend, which, as some of you know, makes me re-evaluate my priorities and ponder throwing myself into the shredder. Then, I discover, at some point last night the Mitch McConnell post was linked someplace that has a much bigger audience than I have, and just like that, the blog got more visitors in a couple of hours as the weekend weekended than it had in the previous two days. As is usually the case, it is impossible to find out where the referrals are coming from (except I know they aren’t from Facebook!), virtually none of the new visitors are commenting, and the temporary avalanche spawns few new followers, if any. I never know when this is going to happen, and it almost never occurs with the essays I am most proud of or consider especially important.
1. Of course they booed. They’re NFL football fans. This means they have the ethics of army ants. Andrew Luck, the star quarterback of the Indianapolis Colts, stunned the sport with his unexpected decision to retire from the NFL, even though he is only 29 and completed a stellar campaign in 2018. The reason: he doesn’t want to end up crippled or a vegetable from the abuse his body and brain have absorbed and will continue to the longer he stays on the field. not having them anymore after the way fans in Indianapolis treated him after the on Saturday.
As Luck began to make his way off the field following the 27-17 loss in the Colts’ preseason game against the Bears, fans at Lucas Oil Stadium started to boo their former quarterback because the news of Luck’s retirement broke during the fourth quarter of the game. Of course they booed. Anyone who watches the NFL and supports an NFL team by purchasing tickets, merchandise, or inflating league ratings by watching the games on TV has signaled that they are perfectly happy to encourage young men to ruin their bodies and minds for their selfish entertainment, safe in their seats or on their living room sofas.
2. More on the Left’s undemocratic effort to stifle free speech and opposition to its agenda…Tucker Carlson—I am not a fan, you will recall—returned to his Fox News show after a vacation that seemed more like a retreat from fire to find that the Media Matters-led sponsor boycott of his show had taken more chunks out of his sponsor base. Continue reading
Thank God It’s The Friday Ethics Warm-Up, 8/23/ 2019
(Dreary, gloomy day outside; working on having a brilliant day inside.)
1. Feeling guilty about the Red Sox. I haven’t watched or listened to a game in over two weeks. The reason is that it’s just not fun, it’s too stressful, and I am already stressed to the max with non-baseball matters. I’m fairly sure this is the longest voluntary sabbatical I have ever taken from my team, and it is my team, throughout 80% of my life, a constant presence, inspiration and source of enlightenment. I have never relied on the team winning to justify my interest and loyalty. I just love the game, the suspense, the players and the endless supply of unpredictable stories and surprises.
BUT…this season has been uniquely frustrating. The Red Sox won 108 games last season on the way to the World Championship, and it was, especially by historical Red Sox standards, an insanely enjoyable ride. Virtually everything went perfectly, over the season, in the play-offs, in individual games.Whatever was needed to win, somebody always came through: it was like a movie. Baseball isn’t usually like that (well, except for the Yankees for about 50 years). I even said at the time, as my wife reminds me, “The Sox are going to pay big time for this one.”
Boston was confident coming into 2019 with virtually the exact same sqaud that had been unbeatable in 2018. Regression to the mean, however, is a force of nature, and especially with this team, for some reason. Since 1918, every single time the Sox have won the American League pennant, the next season was a bust, and often a horrible bust. Devastating injuries, unexpected bad years, clubhouse dissension, astoundingly bad luck: I’ve seen it all, and before, I’ve endured it all as a fair price to pay for the joys of the past and to come. This season, for some reason, I can’t take it, and I feel like an ungrateful wretch.
2. Got it: slavery is the cause of everything bad in the United States, and all whites want black people to get sick and die. Does anyone who can think clearly think this latest bit of dishonest guilt-tripping propaganda is going to help Democrats prevail, rather than just harden racial and partisan divisions? Continue reading
Morning Ethics Warm-Up: The “I Should Be At The Beach” Edition…
Good Morning!
Is everyone vacationing this week but me? I can detect such things from blog traffic—this week has been sparse. Unfortunately this is the legal ethics CLE busy season, so I have been furious preparing materials for three new three-hour programs: “The Legal Ethics Mine Field,” “Legal Ethics Squeeze,” and a new musical ethics seminar for the New Jersey Bar Association, “Ethics Blues,” with the talented Esther Covington. It features legal issues-stuffed parodies of such songs as “Copacabana,” “Sweet Caroline,” “Piano Man,” “You Made Me Love You,” “Isn’t It Romantic” and “Let it Be,” among others. I’ve been writing parody song lyrics since I was 9, and much as I enjoy it, it is mentally exhausting in a way nothing else is.
1. The anti-Trump news media is all a twitter because former GOP Congressman Joe Walsh might challenge President Trump for the nomination. Joe Walsh! He’s the only member of Congress ever designated a fick by Ethics Alarms, in this post, about how Walsh, a Tea Party fiscal responsibility hawk who once lectured Barack Obama about how he was placing a burden on the backs of Walsh’s children, owed $117,437 in unpaid child support to his ex-wife and those already burdened, kids, three of them. For this and other transgressions he was defeated for re-election, and Joe’s now a talk show host, presumably with the same audience that took guidance from former radio bloviators Ollie North and Gordon Liddy.
2. On the innocent until proven guilty front…there has been a spate of defamation lawsuits lately in which priests accused of sexually molesting boys accuse the Catholic Church of ruining their reputations based on publicizing unsubstantiated accusations of pederasty.
A Fresno, California priest, Craig Harrison, who is facing multiple allegations of sexual abuse, is suing an established Catholic watchdog group Roman Catholic Faithful (RCF). seeking “unlimited” damages as a result of RCF President Stephen Brady’s “appearance at a press conference in Bakersfield” that addressed “allegations of sexual misconduct” made against Harrison. The lawsuit and summons were filed this month after the Bakersfield Police Department (BPD) concluded an investigation that it said exonerated Harrison. Brady says that the lawsuit may be intended to discourage other ongoing RCF investigations. Continue reading
Insomnia Ethics Dump, 8/19/2019 (at 3:16 am): What Keeps Me Up At Night
Hi.
So depressing to observe the reactions of the Facebook Borg to my post about Elizabeth Warren’s self-outing as a lying demagogue. They couldn’t process it; they put their metaphorical fingers in their ears and hummed; they attacked the messenger (me); they channeled the generally-derided Politifact whitewashing of the “Mike Brown was murdered” lie. One lawyer friend apparent deep-dived Ethics Alarms to try to find a post that would contradict my position regarding Warren (and Kamala Harris). She couldn’t, but pretended she had by metaphorically waving an essay in which I applauded a man acquitted of murder by reason of insanity who later admitted to others that he had killed someone when he was younger and insane. (I can’t find the damn thing myself.) She then called me a liar and a hypocrite, because I had described the man as a murderer when he was innocent in the eyes of the law. A lawyer made this argument, mind you. I explained, not too nicely, that her analogy was idiotic, since there was no murder and no crime in the Brown case, so law prof Warren’s calling it either was dishonest and indefensible, while in the case of the recovered madman, there was a murder, a crime, and a murder victim. Though the acknowledged killer he was fortunate enough to have committed his crime in a state that holds the insane unaccountable, that fact didn’t change the act or the crime.
I don’t know why I bothered. Warren fans, like Bernie Bros, appear to be completely immune to facts and reality.
1. Why is there such a compulsion to corrupt the innocent, even the fictional innocent? I was hardly an admirer of those late 60s and 70s Sid and Marty Kroft Saturday Morning TV shows with people dressed in huge, garish thing-costumes and being relentlessly cheery. You know the ones: “H.R. Puffnstuff,” “The Banana Splits Adventure Hour,” “Lidsville”—those. In addition to being assaultive and unfunny, they also inspired Barney, for which the Krofts should never be forgiven.
Still, lots of kids loved the shows and characters, and they should be able to cherish those memories. Hollywood, however, seems determined to debase everything it can, especially fond memories, either by sexualizing them or making them dark, or both. (The re-boot of “Sabrina the Teenage Witch” and “Riverdale,” the series based on the “Archie” comics, are cases in point.) Now we have the new in which are re-imagined as murderous psychopaths.
Nice. Continue reading
Will CNN Have The Integrity To Fire A Partisan, Incompetent, Black, Gay Host?
Of course not. But if it comes to a point where that is the dilemma, attention must be paid.
From Fox News (you wouldn’t expect CNN to report this story, would you?):
The former boss of a bartender who earlier this week filed an explosive lawsuit against CNN host Don Lemon, accusing the newsman of a strange, sexually charged assault, told Fox News he witnessed the incident and corroborated his onetime employee’s claim.
In an exclusive interview, George Gounelas, who managed Dustin Hice at the Old Stove Pub in July of 2018, detailed what allegedly occurred on the night of the bizarre encounter at Murf’s Backstreet Tavern, which is located in the prestigious Hamptons area east of New York City. Gounelas is named in the suit filed by Hice.
Lemon, through CNN, has vehemently denied Hice’s allegations.
“Dustin worked for me as a bartender [and] we went out after work one night. We were standing there and he said, ‘Hey, that’s Don Lemon,’” Gounelas said. “Murf’s is a place you go to drink after you’ve been out drinking. We had just gotten off of work. So that’s why we ended up there, because we worked in the restaurant business. So by the time everything is done, we can only hit a late-night spot.”
Hice approached Lemon to strike up a conversation but the newsman declined, according to Gounelas, who said he and Hice then offered to buy Lemon a drink, which the CNN host also declined.
Gounelas said that a few moments later, Lemon came up to them. “Don Lemon has now come around the corner and is standing face to face with us. There is a beam, a pole, in the place. Don’s standing up against the pole, face to face with Dustin, I turn around and I’m standing right there between the two of them,” Gounelas said. “He’s saying, ‘So you like me? Is that why you’re bothering me?’”
Hice responded, “Nah, man, I just wanted to say, ‘What’s up?’” according to Gounelas.
Gounelas told Fox News he couldn’t recall what Lemon said verbatim, but it was “along the lines of, ‘Do you like me? Is that why you’re bothering me, because you wanna fuck me?’” Gounelas said Lemon appeared “pretty drunk” when he confronted the duo at the wee-hours watering hole.
“He put his hands down his pants, inside his board shorts, grabbed his [genitals], and then came out with two fingers and, like, clipped Dustin’s nose up and down with two fingers asking ‘do you like pussy or dick?’” Gounelas said….
Gounelas said he isn’t sure if Lemon, who is openly gay, was being confrontational or simply flirting. “I guess it’s a little of both. If someone had done that to me, I probably would have punched him. But I think it might have been flirting. I think Dustin was more in shock… If someone was flirting with me like that I’d say, ‘alright man I’m not gay,’” Gounelas said. “I wouldn’t go up to a girl like that. It could be his way of flirting.”
Hice continued to work for Gounelas at the now-shuttered Old Stove Pub for the duration of the summer, where his former boss said the bartender was regularly teased about the incident.
Morning Ethics Warm-Up, 8/10/19: Insomnia Edition
Jeez, what time is it?
This stuff kept me awake, gave me nightmares, or made me wish I was dreaming. Started this post before 5 am…
1. Idiotic meme of the week:
A lawyer friend whom I can vouch for having a brain actually posted this thing, apparently approvingly. In zombie movies, the equivalent is when a previously normal friend suddenly bites off your nose. Jules Suzdaltsev is hard left progressive journalist whose background is in film and psychology, and would be a fine example for teaching purposes of what someone sounds like who is so far on one side of the ideological spectrum that he is incapable of finding the center. He’s an ideologue and a Leftist incapable of objective analysis or non-compliant thought, who was steeped for seven years in the rarefied politics of San Francisco, and who tweets deliberate misrepresentations like “There have been more MASS SHOOTINGS in 2019 than there have been DAYS in 2019” and such cliched “resistance” bile like “Hey do you guys remember when the generation that grew up breathing lead fumes ended up voting for this guy as President?”
The scary thing is not Suzdaltsev—he’s a professional left-wing echo chamber provocateur, and good luck to him, glad he has a career. The scary thing is that lawyers, trained in critical thought, can reach the point where they find extremist agitprop persuasive. Society relies on educated, trained professionals to steer us clear of such rot, not to embrace it. The 2016 Post Election Ethics Train Wreck has seen one professional group after another abandon this duty for mob-pleasing expediency.
And how can someone post a statement that Bernie and Warren are barely left-of-center as anything but satire?
2. Jeffrey Epstein committed suicide, hanging himself in his cell. This was gross incompetence by the New York City jail, as well as federal authorities. If there ever was a prisoner who was a candidate for suicide (or murder), Epstein was it. He needed to be on a round-the-clock suicide watch. Epstein was allowed to cheat the justice system and his victims. He is now officially innocent of the crimes he was charged with.
Aside from all that, good. The world is better place without him in it. Continue reading
From The Ethics Alarms “FUNNY!..But Unethical” Files: The McDonald’s Japan Promotional Cups
Last year, Land O Lakes finally changed its famous Indian Girl logo so you could no longer do the “boobs trick” by folding the package just right and making a little flap of the butter package that young Elizabeth Warren or whatever her name was holding that when raised would show her oddly shaded knees as something less pedestrian. Why they would bother papering paper over one of the longest-running and most famous commercial artist gags ever after decades, I don’t know. In its day, the gag was considered obscene, but by 2018 it was Americana. I had an uncle who kept one of the risque package cut-outs in his wallet.
There are others, of course. I once got an office supply catalogue in the mail that had a back page with a color image of a man using an office product on one side and an image of a woman using a different product on the other that when held up to the light so both illustrations were visible at once, produced a composition showing him looking up her skirt. I have been told that commercial artists are prone to such gags, being frequently frozen at the emotional age of 12.
Now some similarly juvenile artists have made a McDonald’s promotion in Japan into another obscene practical joke, this time by modern standards. On each side of two plastic cups, which the stores are handing out in a summer promotion, innocent appearing cartoon drawings of cute young children, a boy and a girl, are visible in various chaste poses. However, when the drink is gone, one one can see both images at once, and the resulting spectacle is this..
or this…
I’m sure its just a coincidence.
I wonder how my uncle would have managed to fit those in his wallet? He would have found a way, knowing him.
_______________________________________
Source: Mashable
Comment Of The Day: “Thank God It’s Friday” Ethics Warm-Up, 8/2/2019: “Non-Reciprocal Loyalty, Woke Virtue-Signaling, Reasonable Vigilantes, And Pseudo-Plagiarism.” #4
I held out this terrific Comment of the Day by Isaac for almost a week, waiting for just the right moment. The right moment occurred when I decided that having to write one more word about mass shootings, “the resistance” losing its mind, or the news media finally giving up any pretense of competence and objectivity would turn ME into a mass shooter. The topic here is hip-hop and “beat-jacking,” of which I previously knew nothing.
Here is Isaac’s Comment of the Day on #4 in “Thank God It’s Friday” Ethics Warm-Up, 8/2/2019: Non-Reciprocal Loyalty, Woke Virtue-Signaling, Reasonable Vigilantes, And Pseudo-Plagiarism“:
Intentionally appropriating someone else’s song and adapting it, without permission from the original artist, I think would be considered unethical. In hip hop parlance this is “jacking,” “beat jacking” or “biting” and is considered okay by no one, even though it happens all the time. Hip hop history is filled with drama and fighting over stolen beats and songs. But where, if anywhere, the law needs to come in on this is a mystery. It’s near impossible to prove what’s intentional and what isn’t.
The line between “beat jacking” and just “sampling” (the foundation of hip hop and a few other genres) can be blurry but there is a difference. Here’s a quick and dirty guide:
-If you pull an MC Hammer or Vanilla Ice and basically perform karaoke over someone else’s music, that is obvious beat-jacking and you face cultural rejection and/or retribution. It’s also FIRMLY illegal to do this now, and it was toeing the line when Hammer and Ice did it (Vanilla Ice was forced to pay up despite having slightly changed the famous bass line of “under pressure” for his lousy song.) The more well-known the original, stolen song is, the less likely your peers will tolerate this, legal or not. Continue reading
Ethics Alarms 
Finally having the opportunity to read what the recent “Open Form!” necessitated by my enforced absence from blogging for two days, hath wrought, I encountered several deserving Comment of the Day candidates. I will be choosing the winner from the wonderfully entertaining rumble among multiple Ethics Alarms stalwarts on the alleged “school-to-prison” pipeline and a whole bundle of other ethics topics (proper treatment of elected officials on social media, appropriate treatment of citizen criticism by elected officials, and others) imminently, but for now, let’s focus on the topic of for-profit prisons, an ethics issue under-discussed here previously. In this case, the Comment of the Day format is especially useful, because this excellent post is buried deeply among 117 others.
Here is James M.’s Comment of the Day on the topic, from the open forum of 8/28/2019…