Business & Commercial

The Constitution, Law, Rationalizations And Ethics—One Of These Things Is Not Like The Other, I: The University Of Houston Steals A Photo

/ Jack Marshall / 15 Comments

Two recent cases illustrate how law and even Constitutional law can be perverted toward indefensible ends if compliance is the only objective, and ethics are left out of the equation. The first case comes to us from Texas, University. of Houston System .v.Jim Olive Photography.

Houston photographer Jim Olive  discovered during an online check of his copyrighted works that the  University of Houston had appropriated one of his photographs and was using it extensively in its  web and print promotional materials. It was an overhead, aerial image of the City of Houston at dusk in 2005 that Olive went to great expense and effort  to produce.  He rented a helicopter, hired a pilot, and utilizing special photography equipment, suspended himself from the helicopter with a harness.

The university admired it, and found the shot ideal for its purposes, so it  downloaded the photo from Olive’s stock library, removed the copyright markings, and did not credit him when they used it. Olive sent the school a take-down letter and a bill, and the university refused to pay. Then he sued, but the university responded  that it has sovereign immunity, and can’t be sued, because he isn’t a citizen of Texas. The Eleventh Amendment reads in part,

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The photographer had no right to sue under the U.S. Constitution unless the school waived its sovereign immunity or the act of using the photograph constituted a “taking” of property, the University’s lawyers  argued. When the trial court sided with Olive, the University appealed.

The Court of Appeals has ruled against Olive, declaring  that the school’s actions wasn’t a “taking.” Not only can’t Oliver sue to be paid for the use of his photograph,  he will have to pay the university’s legal costs.

“It just doesn’t seem fair to me,” says Olive.  I’d say his instinct is accurate, but this is the law: fairness is beside the point. To make the ruling even more disturbing from an ethics perspective, the University has a page on its site directing readers to  report copyright infringements – and also to request permission to use UH intellectual property, like the photograph it stole from Jim Olive,

Nice. Continue reading →

Late Sunday Ethics Catch-Up, 6/16/19: Last Straws, Suspicious CPR, Saving King, And “When They See Us”

/ Jack Marshall / 17 Comments

 

Bet you gave up on me, didn’t you!

1. Unforeseen consequences. Medical journal site BMJ notes,

“Bystanders may be concerned about performing CPR on a woman and removing clothing for defibrillator use, for fear of being accused of sexual assault. Further education around CPR in women and the use of female manikins may be the first step”.

Conservative feminist blogger Amy Alkon ,says, archly,

If I’m unconscious, I give my permission for a total stranger to engage in that sexy-wexy act of vigorous CPR….Are there really pervos out there marching the streets waiting for somebody to pass out from cardiac arrest so they can cop a feel?

That’s not the right question, though.

The right question is,

“Are there really vicious, toxic-masculinity, rape-culture obsessed, anti-male #MeTo-ers who would gladly accuse a male Good Samaritan of sexually molesting an unconscious woman to advance an agenda?”

Absolutely.

2. Nice. How woke policies let the assholes in society rule our lives.

Continue reading →

Saturday Ethics Pick-Me–Up, 6/15/2019: The “Oh, Fine, It’s Afternoon Already And I’m Barely Awake” Edition

/ Jack Marshall / 32 Comments

Bvuh.

Travel hangover today: I’ll do the best I can…

1. Thank you, loyal commenters, for a yeoman job in yesterday’s Open Forum.

2. Confederate Statuary Ethics Train Wreck update. Now the historical airbrushers (all from Progressiveland, just in case you couldn’t guess) are going after Civil War recreations and commemorative events. The head of the Lake County Forest Preserve in Illinois declared that there would be no more annual Civil War Days event after next  month’s edition, if he gets his way. He doesn’t think Confederate flags should ever be displayed, even in battle recreations. Besides, he wants the event to be retooled so that instead of commemorating the single most important period and struggle in U.S. history, it advances an understanding of climate change.

(Who are these people? How did they get this way? What do we do about them so the cultural damage they inflict is contained?)

The home-grown historical censor also said,

“This has nothing we want, nor should celebrate, nor re-enact. When southern states are being made to tear down every statute representing this racist, murdering chapter of our history, I can’t believe here in Lake County our own forest preserve is preserving and celebrating it every year, and with our tax dollars.”

This deliberately brain-dead approach to U.S. history is working (aided greatly by the atrocious neglect of American history in our schools), and by working I mean promoting ignorance so citizens can be more easily misled. The Wall Street Journal reported that visits to Civil War national battlefields are falling off. Over 10 million Americans visited  Gettysburg, Antietam, Shiloh, Chickamauga/Chattanooga, and Vicksburg  in 1970. They only had 3.1 million visitors last year.

That’s about as many tourists as visited the “Cheers” bar in Boston.

3. Oberlin race-baiting update: in case you missed it, the jury in the Gibson’s Bakery case  hit the college with the maximum punitive damages, capped by law at 22 million dollars.  Continue reading →

What I Do For Ethics, Or Misadventures In Travel Hell

/ Jack Marshall / 19 Comments

Am I imagining this, or was air travel once efficient, comfortable, and enjoyable? I can’t be sure now; it seems impossible. Of course, as bad as it is, things would be a lot better if basic standards of competence and professionalism were observed, or even attempted.

I just arrived at my hotel in Providence approximately 2 and a half hours after I was supposed to. The delay isn’t the issue; I’m used to that, and if there’s weather, there’s weather. (There was weather.) This trip, however was special.

  • My flight took off from infamous Gate 35X, which is portal gate from which passengers board buses that take them to smallish jets scattered around the tarmac. It is always crowded, and you are tasked with listening for the announcement telling you to go down the stairs to the sub-gates and line up for your bus. That is more tricky than it sounds, because the area is pure cacophony: people talking,  announcements from nearby gates, a recorded announcement on a loop telling you not to go down the stairs until you’re told, and as a special bonus, not one but three American gate employees making announcements in various heavily accented forms of pseudo-English, spoken at auctioneer  speed. All three were intermittently incomprehensible; people were constantly turning to companions and asking, “What did she say?”

Continue reading →

As I Was Saying…Morning Ethics Warm-Up, 6/11/2019 Continued: Dinosaur Ethics, Bakery Wars, Poor Kamala, and Crazy California

/ Jack Marshall / 26 Comments

I’m baaack…

Sorry to do this, but there were too many items that I couldn’t post on in the time I had this morning, and if I don’t get them up now, they might get lost…

4. Poll update. I’m amazed that the Bouie op-ed suggesting that we dump Marbury vs Madison and just let Congress pass any unconstitutional law it wants is leading the “worst op-ed” race 3-1 over the “we owe it to all those countries we helped to get out of the Stone Age and to avoid having their citizens  being made into slaves or soap by Hitler toflood the U.S. by the world’s poor, criminal and uneducated” screed. I think Bouie’s fantasy is trivial in the end because it’s impossible, though characteristic of the new Left response to defeat, which is “If you’re losing the game, change the rules.”

The illegal immigration rationalizations are far worse, I think, because they make sense to the ignorant, the addled, and the Californians.

Governor Gavin Newsom released an outline of the state’s 2020 budget  that includes $98 million in new annual spending to make 90,000 previously uninsured illegal immigrants eligible for the state’s Medicaid program Who will pay for  it? Why, citizens who are fined—I mean TAXED…sorry. Chief Justice Roberts!—through an “individual mandate” for not buying health insurance as the law requires. This is pure madness.  California is promising benefits to law-breakers, incentives to breach our borders. What kind of pernicious brain virus would make a sentient human being think this is a good idea, or responsible governance?

[I just deleted an ugly, irresponsible, violent statement expressing how bad I think this is, how perverted the policy makers are who support it, and the fate I posited that the state deserves for moving in this direction. I am abashed that I think such thoughts. Close call.]

5. The Equality Act, and a vendetta. I  support the objectives of the Equality Act, which amends the 1964 Civil Rights Act to include invidious discrimination against anyone base on sexual orientation or identity. I wish I could support the Act itself, but it appears to be so broadly drafted that it would, for example,  force women’s sports to allow males identifying as women, males on the way to being women, and women who reached puberty as males to compete against the old-fashioned variety of female athletes, thus making women’s sports a farce.

I also worry that the LGBTQ Mafia is as interested in punishing holdouts against the emerging cultural norms and bending others to their will as they are in equal treatment under the law. Continue reading →

Saturday Ethics Smorgasbord, 6/8/2019: Yes, Double Standards Are Really Bugging Me Today

/ Jack Marshall / 34 Comments

Goddagens!

1. I’ve been trying to find away to fit Reps. Ocasio-Cortez. Tlaib and Omar into a parody of Abraham, Martin and John. “AOC, Omar and Tlaib” almost works... An investigation by Minnesota’s Campaign Finance and Public Disclosure Board into Rep. Ilhan Omar (D-MN) has determined  she violated campaign finance laws dating back to when she served a single term in the State House of Representatives from 2016-2018. The report also reveals that Omar filed joint tax returns in 2014 and 2015 with Ahmed Hirsi, even though she was married to Ahmed Nur Said Elmi from 2009-2017.

Nice.

Let me know if you hear about this from any mainstream media outlet.

2. Individually, there are a lot of wonderful, funny, brilliant and admirable theater people. As a group, however, it is a cowardly, biased, intellectually lazy herd with the political sophistication of third graders.

I wrote on Facebook about the Ethics Alarms post on D.C.’s Studio Theater cancelling a production that reveals the text messages between the “FBI Lovebirds” who dished about how the Deep State would sabotage Donald Trump. The majority of my more than 400 Facebook friends are involved in theater. None of them commented on the issue. The apparent reasons are apathy, hypocrisy, or fear of being labelled a “Trump supporter” because they don’t applaud active censorship of the truth when it is inconvenient to the plots of “the resistance.” I don’t care which it is: the response is disgraceful…and typical.

Hollywood writer Christian Toto contacted 14 theaters across the country to ask their response to Studio’s actions. None of them responded. Among the fourteen were New Neighborhood and Slightly Altered States,  theatrical groups which took part in the  dramatic readings of the Mueller Report (the attending of which is a reliable indication of late stage Trump Derangement–I presume the theaters will follow up with readings of the phone book). Christian Toto writes,

“Imagine if unseen forces threatened violence against that Mueller Report reading, an event framed as critical of President Trump. Does anyone think those same 14 theatre groups would have remained silent?”

Should I ask my Facebook friends? Continue reading →

And Championing Racial Double Standards Can Be Expensive As Well As Wrong: Ask Oberlin

/ Jack Marshall / 16 Comments

Oberlin College deliberately set out to  destroy a local bakery for insisting that laws apply to black college students.  Now, in the case of Gibson’s Bakery v. Oberlin College, a jury has awarded 11 million dollars in damages to the bakery owners, and punitive damages might up the award to over 30 million.

Good. Very good. Spectacularly good.

Ethics Alarms first wrote about this awful story here. A precis:

On November 9, 2016—probably not coincidentally the day after Donald Trump was elected, throwing ultra-liberal schools like Oberlin into a ludicrously extended period of irrational fear and loathing—Jonathan Aladin, Endia Lawrence and Cecelia Whettstone were caught stealing bottles of wine from Gibson’s Bakery, a small family-owned establishment with a contract with Oberlin . As they have been duly trained by our culture, the students played the race card, initially claiming the shop had racially profiled them, and that their only misdeed was presenting  fake IDs. When that wasn’t working, the three admitted their guilt and also signed statements that the store was innocent of any race-related bias. It also appears that the students punched and kicked the shopkeeper. … (Here is the police incident report.) 

The day after the arrests, hundreds of students protested outside the bakery, and Oberlin’s student senate published a resolution saying Gibson’s had “a history of racial profiling and discriminatory treatment.” The Oberlin police conducted an investigation into the arrests and found “a complete lack of evidence of racism.” Over a five-year period, the bakery had pursued charges against 40 shoplifters, and only six were African-American.

…The owner met with then-Oberlin President Marvin Krislov and Tita Reed, assistant to the president, and they  pressured him to drop criminal charges against the three students and any future student-thieves who were first time offenders. When he did not agree, the complaint alleges, the school made good on its threat and dropped its decade’s long contract with the bakery. …  Meredith Raimondo, vice president and dean of students, joined students and members of the school faculty in campus demonstrations against the bakery, distributing a flyer that accused Gibson’s Bakery of being a “RACIST establishment with a LONG ACCOUNT of RACIAL PROFILING and DISCRIMINATION.”  A boycott of the business was organized, and according to the complaint, facilitated by the school. College tour guides reportedly informed prospective students that Gibson’s is racist. …

The Ethics Alarms post listed the probable factors at work: Continue reading →

Ethics Note To The Chicago Cubs: Double Standards Promote Racial Discord Even When They Aren’t As Stupid As Yours

/ Jack Marshall / 15 Comments

The Chicago Cubs ridiculous virtue signaling and capitulation to political correctness bullying is metaphorically coming home to roost.

Love it.

In May, as I wrote about here, the Cubs banned a fan for life because he made the ubiquitous “OK” sign behind a black broadcaster. Nobody had any basis to say with certainty what the fan meant, but after the Twitter mob demanded the fans head, the Cubs meekly complied. You see, the OK gesture might have meant, “My race is better than your race,” because a rumor was circulated online that “OK” is a white power symbol.  It might have been trolling by someone who knew that the  symbol would trigger social justice warriors. Or, you know, OK might have just meant “OK” as it as for almost 200 years.

Hmmm…tough one! Occam’s Razor, anyone? Continue reading →

Disney’s Sinister Threat And The Danger Of Partisan Corporate Boycotts To Democracy

/ Jack Marshall / 28 Comments

The official position of Ethics Alarms is that organized boycotts are a form of unethical coercion that pose a direct threat to democracy and personal liberty. Recent developments on the corporate front only reinforce that conviction. Several states have chosen this moment to try to persuade a conservative majority on the Supreme Court to either amend or overturn Roe v. Wade, either with so-called “heartbeat” bills, defining a fetus with a detectable heartbeat distinct from the mother’s as a person within the range of Constitutional protection, or in the case of Alabama, a direct challenge to Roe with a bill outlawing abortion entirely except in special circumstances.

My personal assessment is that these efforts are doomed to fail, and that conservative justices, in part because they advocate conservative jurisprudence, will not accept the invitation to overturn Roe regardless of their objections to the holding. It is a major decision of long-standing asserting an individual right, and the epitome of the kind of decision that requires the practice of stare decisus. I cannot think of another example where the Court eliminated a right after a previous Court had protected it, certainly not one with such wide-ranging social and legal implications. Even though abortion is only ethically defensible by applying the most brutal variety of utilitarian balancing,  and requires disingenuous, bootstrapping reasoning in the process, I do not advocate overturning Roe. We have a system, though. The system should be allowed to work. It has generally served us well as a nation and a society. Continue reading →

Ethics Dunce: The Studio Theater, Washington, D.C.

/ Jack Marshall / 7 Comments

The Studio’s Mead Theatre in D.C. was about to open “FBI Lovebirds: UnderCovers,” with Dean Cain and Kristy Swanson (once Superman and the original Buffy the Vampire Slayer respectively) as disgraced FBI agents Peter Strzok and Lisa Page. The dialogue came straight from the pair’s texts, which, as we all know, revealed both their romantic (and unethical) affair while strongly suggesting “deep state” plans to prevent Donald Trump’s rise to the Presidency

The team behind the project, Unreported Story Society, had rented out the Mead, one of the spaces in D.C.’s very rich and very successful—and very liberal, like most theaters—Studio Theatre.  Yesterday, however, the production announced in an email alert that Studio  has canceled its contract to host the performance. Here is Studio’s statement:

“Studio Theatre has cancelled its contract with third-party rental client Unreported Story Society. Media reports have made us aware of undisclosed details about the event and have generated open and violent threats against the theater and event participants. Studio has an institutional responsibility to consider the safety of our staff, patrons, community, event organizers and attendees. These concerns must be paramount.”

Right. I don’t buy  the explanation, I don’t believe it, and I don’t respect it.

Those “undisclosed details” were that the same conservative activists behind the anti-abortion documentary “Gosnell,” which was screened at the White House, were behind the production. “FBI Lovebirds: Undercovers,” was to be directed by Phelim McAleer, a conservative artist who has co-written and produced  political films about abortion, fracking and environmentalism with his wife, Ann McElhinney.

“We are going to show the mainstream media and Hollywood that they can no longer push the Russia collusion hoax and force them to acknowledge how the Deep State, DC Swamp tried to destroy the Trump candidacy and presidency,” reads the crowdfunding page named after “Unreported Story Society,” the production company that McAleer set up to mount the show.

Once the Studio became aware that the play would be anti-“resistance” and pro-Trump, although it apparently is fact, not fiction since the dialogue is entirely from the actual texts, it became unpalatable. I assume that Studio got complaints from its board, donors and overwhelmingly Democratic subscribers because the play had a conservative tilt.

Can’t have that!

If there were, in fact, real threats made (personally, this sounds to my ear like a cover story to avoid saying that the play was cancelled once the Studio found out that Unreported Story Society were actually a cadre of evil Trump supporters), then that means the threats came from the Left, just like threats keep conservative views from being aired on so many college campuses. If theaters are going to bow to the heckler’s veto and efforts at content censorship via threats, then free expression as well as art is endangered.

I do not believe that if this was a progressive-agenda friendly production, like, say, the NYC “Julius Caesar” production that depicted the staged and bloody assassination of a Trump clone, the Studio would have been so eager to cave., but maybe I’m wrong. Maybe the Studio is just run by weenies—there are a lot of them in the theater world, and courage is not in abundant supply. In ethical theater, you do what you have to to protect the production, but you make sure the show, any show, goes on.

If this were the late American Century Theater, I would have insisted as artistic director on the show going up, threats or not.  Anyone who knows me knows that’s true. Our theater also produced—and I directed— works from all ends of the political spectrum, including socialist agitprop. If theater won’t stand up for its controversial and politically unpopular works, then it will devolve into “The Lion King,” Shakespeare revivals and fluff.

Come to think of t, that’s pretty much where live theater is now.