Business & Commercial

Taco Bell Ethics: I’m Going To Go Out On A Limb Here And Say This Is Unethical

/ Jack Marshall / 17 Comments

“You want your tacos? HERE’S what you can do with your #@!$%&@ tacos…!”

On February 24, a Taco Bell  in Philadelphia was having trouble living up to the definition of “fast food.” The store was filled with angry people loudly wondering where their orders were. Some had been waiting as long as 45 minutes. So the resourceful Taco Bell employees finally did what you might expect—if you were a psychopath. Several of them  jumped over the counter and began beating up customers.

This is unethical.

A 32-second cell phone clip shows customer Bryan Reese and his friend getting attacked by multiple employees outside of a Taco Bell in the Center City District of Philly. One employee is seen repeatedly punching Reese in the ribs while another holds him down.

Taco Bell released the following statement: Continue reading →

Afternoon Ethics Warm-Up, 3/6/2019: Evil On The Web

/ Jack Marshall / 16 Comments

Hi-

–just had to change the title from “morning” to “afternoon..

1. Pro sports team owners behaving badly. In the span of a week, one NFL owner, the Patriots’ Bob Kraft, was embarrassed by an arrest while seeking “happy endings” in massage parlor dabbling in illegal prostitution, and the President and CEO of baseball’s San Francisco Giants, Larry Baer, was videoed having a public battle with his wife over possession of his cell phone that ended with her screaming and on the floor of a restaurant. Kraft is being charged with solicitation, and Baer is taking a leave of absence after apologizing to fans.

Should private misconduct unrelated to team affairs warrant league discipline in cases like this? Absolutely. Pro sports sell heroes to the culture, and the leaders of any organization sets the ethical tone and molds the culture. If you aren’t equipped to be an ethical exemplar for your players and its fans, especially its young fans, then don’t buy a team.

2. In the “Hoisted by their own petard” files: Constantly woke Google, seeking to burnish its social justice credentials,  conducted a pay equity analysis for 2018 to make sure it was paying women equal pay for equal work. Surprise!  The study found that the company was underpaying men for doing similar work as their female counterparts. (Not that there’s anything wrong with that.) The company emphasized in a blog post that despite this pay discrepancy, deeper structural issues can continue to lead to pay disparities between men and women.

Elephant? What elephant?

3.  To be fair, Google did retire its “Don’t be evil” motto. Google will reportedly reject  calls from US lawmakers and human rights activists to remove a Saudi government app that allows men to control where women travel. The ap offers alerts if and when women leave the country. Saudi law says every woman must have a male guardian. The app, called Absher, has been condemned members of Congress and human rights groups.

4. ‘The solution to discrimination and prejuduce is more discrimination and prejudice…’ Bumble, the feminist dating site, is launching a women-only filter for its professional networking tool, Bumble Bizz. The new Women in Bizz feature, which can be turned on or off in app settings, excludes men from a user’s pool of potential connections. The idea is to help a traditionally underrepresented workforce connect and build support systems outside the office. Bumble is claiming that this is just an extension of Bumble’s core women-first mission. The  dating app lets women make the first move and message their romantic matches first. Now, Bumble claims,  it’s helping traditionally outnumbered female employees build a women-only network.

The problem with this analogy is that there is nothing unethical against women asking out men. Exclusion from job and career opportunities on the basis of gender (and race, age, ethnicity…) endorses discrimination in order to oppose it.

5. Saw this coming a mile away… On the same day Christian baker Jack Phillips won his 7-2 decision in the U.S. Supreme Court, overturning his conviction for refusing to bake a wedding cake for a same-sex wedding, a lawyer targeted his Masterpiece Cakeshop by demanding that he  bake a gender transition cake that was pink on the inside and blue on the outside.

Then, when he refused as the lawyer knew he would, the Colorado Civil Rights Commission’s decision again found probable cause that state law required him to bake and design the cake when doing so would go against his religious beliefs. Phillips responded by filing a lawsuit in the U.S. District Court for the District of Colorado. I considered writing about this at the time, but decided to wait until the Commission again got slapped down, or it withdrew its complaint. Yesterday it withdrew its complaint, and Phillips dropped his law suit.

The first time around, I found Jack to be a Jerk by refusing to bake the wedding cake, though I felt he had a plausible case that he couldn’t be forced to do so. This time, however, he was targeted by a far bigger jerk, and I salute him for being willing to go back onto the battlefield. Too many advocates for LGBT causes have become the intolerant bullies they once opposed, seeking to punish and destroy anyone who doesn’t think as they do, and the Colorado Civil Rights Commission proved that it has become an agent of such bullying. Like most bullies, however, it backed down when confronted with the prospect of losing.

6. And speaking of the frightening totalitarian tilt of today’s Left...Or, if you prefer, the way big tech companies are illicitly using their power to favor the interests of progressive-favored groups by stifling dissent, Amazon is now in the business of viewpoint censorship and deciding which books are fit for public perusal. The online retailer owned by the publisher of the Washington Post—you know, “Democracy dies in darkness”?  has just dropped the book “Mohammed’s Koran” by the controversial British activist Tommy Robinson and Peter McLoughlin.

Coauthor Peter McLoughlin states:

[T]his is the twenty-first century equivalent of the Nazis taking out the books from university libraries and burning them. Can you think of another scholarly book on Islam that has been banned by Amazon? “Mein Kampf” is for sale on Amazon. As are books like the terrorist manual called “The Anarchist Cookbook.”…[They] refuse to reinstate the book and refuse to explain why it has been banned. So they have banned the No.1 best-selling exegesis of the Koran. I can’t get my head round it. Every few weeks for the past 18 months they had emailed me asking to put it into special sales programmes, as it was selling so well. For 18 months they sought to profit even more from the sales. As dark as my vision is. I thought we were 10 to 20 years away from dissenting books from being banned.”

In related news, Facebook still won’t allow Ethics Alarms posts…

 

 

Ethics Observations On Actress Emma Thompson’s Resignation Letter

/ Jack Marshall / 13 Comments

British acting grande dame Emma Thompson dropped out of the voice cast of Skydance Animation’s upcoming film “Luck.” The reason was  ex-Pixar creative force John Lasseter being hired to lead animation at David Ellison’s studio; Ethics Alarms wrote about his new job here. A quote from that post…

The hire, Time’s Up added in a statement, “endorses and perpetuates a broken system that allows powerful men to act without consequence.”

Got it. Women, at least these women, want to see men ruined, shunned and reduced to living by crowdfunding and begging on the street if possible, without the certainly of due process and regardless of circumstances. How does someone like Lasseter show “true remorse”? They get to decide. What work do they have to do to reform their behavior? That’s the activists’ call too, I suppose. Meanwhile, absent a trial, what is restitution? If the women involved have a lawsuit, let them bring it. What is the cost of an unwanted workplace hug?

Thompson’s reps released her letter on last week, first published in the Los Angeles Times, that Thompson had sent to Skydance management. Here it is:

As you know, I have pulled out of the production of “Luck” — to be directed by the very wonderful Alessandro Carloni. It feels very odd to me that you and your company would consider hiring someone with Mr. Lasseter’s pattern of misconduct given the present climate in which people with the kind of power that you have can reasonably be expected to step up to the plate.

I realise that the situation — involving as it does many human beings — is complicated. However these are the questions I would like to ask:

If a man has been touching women inappropriately for decades, why would a woman want to work for him if the only reason he’s not touching them inappropriately now is that it says in his contract that he must behave “professionally”?

If a man has made women at his companies feel undervalued and disrespected for decades, why should the women at his new company think that any respect he shows them is anything other than an act that he’s required to perform by his coach, his therapist and his employment agreement? The message seems to be, “I am learning to feel respect for women so please be patient while I work on it. It’s not easy.”

Much has been said about giving John Lasseter a “second chance.” But he is presumably being paid millions of dollars to receive that second chance. How much money are the employees at Skydance being paid to GIVE him that second chance?

If John Lasseter started his own company, then every employee would have been given the opportunity to choose whether or not to give him a second chance. But any Skydance employees who don’t want to give him a second chance have to stay and be uncomfortable or lose their jobs. Shouldn’t it be John Lasseter who has to lose HIS job if the employees don’t want to give him a second chance?

Skydance has revealed that no women received settlements from Pixar or Disney as a result of being harassed by John Lasseter. But given all the abuse that’s been heaped on women who have come forward to make accusations against powerful men, do we really think that no settlements means that there was no harassment or no hostile work environment? Are we supposed to feel comforted that women who feel that their careers were derailed by working for Lasseter DIDN’T receive money?

I hope these queries make the level of my discomfort understandable. I regret having to step away because I love Alessandro so much and think he is an incredibly creative director. But I can only do what feels right during these difficult times of transition and collective consciousness raising.

I am well aware that centuries of entitlement to women’s bodies whether they like it or not is not going to change overnight. Or in a year. But I am also aware that if people who have spoken out — like me — do not take this sort of a stand then things are very unlikely to change at anything like the pace required to protect my daughter’s generation.

Yours most sincerely,

Emma Thompson

Observations: Continue reading →

New Week Morning Warm-Up, 3/4/19: Luck, Fairness, And Delusion

/ Jack Marshall / 34 Comments

Looking forward to the best ethics week yet…

…but not really expecting it.

…Maybe I’ll get lucky.

1. A Progressive war on luck. Yesterday, NPR, which we all pay for, offered a long segment that was ostensibly about “luck,” but it actually was an extended argument for socialism and a political ad against President Trump. “One we move from talking about merit to concentrating on opportunity, then we have changed our focus from scarcity to abundance,” some Ted-talker said. “Then there is no need for walls.” The general thrust of the program, which included at least one speaker (I didn’t stay to hear all of the agitprop) who literally didn’t know what luck is, was that successful people think that hard work and talent is what got them where they are, when in reality it was all, or mostly luck. Thus the idea being pushed was that national policy should eliminate, or at least minimize, the effect of mere chance on human affairs. This means, once you read between the line, government distribution of resources, jobs and benefits to ensure the “fairness” that the random vicissitudes of cruel fate so often eschew.

As I touched on in a recent discussion of Clarence Darrow’s progressive principles, the rejection of personal responsibility and the very idea of free will has permeated progressiveness from its origins. It is, and has been, an anti-American construct that runs against the core principles the nation was founded on, but the theory has always appealed to those who welcome the opportunity to blame others, or just cruel Fate, for their own mistakes and failures.

That said, of course luck plays a massive and sometimes decisive role in our lives. That’s called “life.” Ironically, one of Clarence Darrow’s favorite poems (I know I have posted this before) makes the point:

Whist by Eugene Fitch Ware

Hour after hour the cards were fairly shuffled
And fairly dealt, but still I got no hand;
The morning came, and with a mind unruffled
I only said, “I do not understand.”

Life is a game of whist. From unseen sources
The cards are shuffled and the hands are dealt;
Blind are our efforts to control the forces
That, though unseen, are no less strongly felt.

I do not like the way the cards are shuffled,
But yet I like the game and want to play;
And through the long, long night will I, unruffled,
Play what I get until the break of day

2. Speaking of controlling “opportunity”…which usually means constraining liberty and autonomy, officials at Lakeland Regional High School in Wanaque, New Jersey have forbidden prom goers from hiring limos or private vehicles to arrive and leave in. The boilerplate official explanation is that the change ensures safety for all students, but it also is an effort to create “equality” because not all students can afford a limousine or party bus. Of course, not all students can afford a prom gown or to rent a tux. Why not ban formal wear, and have a simple dress code that all families can afford, like jeans and a T-shirt?

The school will charge each student $15 for transportation costs.

3. Thank-you, Captain Obvious! Avner Zarmi has written an essay in which she argues that President Trump’s “style” undermines his effectiveness. Ya think? What was Avner’s first clue, I wonder?

If the President could restrain his inner jerk as effectively as his predecessors (for he is far from the biggest jerk to occupy the White House—my vote would be with JFK, but there is lots of competition) and if he wasn’t opposed by a hostile news media determined to magnify his deficits and ignore his accomplishments, he would have a 60% approval rating.

4. And this is why there is a national emergency… Continue reading →

Morning Ethics Warm-Up, 3/3/2019: “Thing’s Are Seldom What They Seem…”

/ Jack Marshall / 21 Comments

Good afternoon!

1. Today’s source of maximum irritation. Remember those California wildfires at the end of last year that the news media kept reporting as proof of climate change and that prompted Democrats and talking heads to sneer in disdain at anyone, especially President Trump, who suggested that electrical equipment just might have been the cause? From NPR:

Pacific Gas and Electric says it’s “probable” that its equipment caused the Camp Fire in Northern California, the deadliest and most destructive in the state’s history.

California has not finished its investigation into PG&E’s culpability in last November’s fire that killed at least 85 people, destroyed about 14,000 structures, displacing tens of thousands of people and destroying the town of Paradise. However, the state’s largest utility, which filed for bankruptcy last month, said Thursday it expects the investigation will find that its damaged infrastructure sparked the fire.

Please let Ethics Alarms know how many of the news shows this morning mention this development.

2. Spring Training ethics note: Good news! Ethics Alarms has been campaigning for robo-umps at home plate to call balls and strikes for several years. Now MLB announces that it has finalized a three-year deal with the independent Atlantic League to have the league test rules innovations and equipment for the Show. This will include computer calling of pitches. Not so good news: it will also reportedly include moving the mound back, which is heresy.

3. Concern for Popehat’s Ken White.  There is not a smarter, more passionate, better blogger on the planet than lawyer Ken White, and while we have had our disagreements, his commentary on law and justice especially is a blessing for all Americans, even though most don’t have the sense to benefit from it. One of many reasons I admire Ken is that he has been candid about his battle with depression, a killer illness that too many people don’t understand. That malady runs in my family (or as Mortimer Brewster says in “Arsenic and Old Lace,” “Runs? It practically gallups!”), and has been responsible for more than one suicide. Popehat once was a collective, but now it’s almost entirely Ken, with occasional drop-ins from the acerbic Mark Randazza. The blog’s last entry was January 4, almost two months. I’m worried, as are most of Ken’s fans I’m sure, and I am officially sending Ethics Alarms best wishes and love to one of the really good people in multiple roles: lawyer, blogger, public educator. Get back as soon as you can, Ken. We need you. Continue reading →

Saturday Ethics Warm-Up, 3/2/2019: Road Trip Epiphanies…And The Washington Post’s “Note” On The Covington Fiasco

/ Jack Marshall / 46 Comments

Hi, everybody! It’s good to be back home!

I was torn whether to mention in this morning’s post that I would be Northern Virginia-bound from the Pittsburgh, Pennsylvania area (Washington County) for most of the day. Who knows what banned and lurking commenters would seize on that intelligence to raid the forum here while I was unable to moderate, as occurred yesterday?

1. I wonder if most lawyers have the same reaction… The Pennsylvania lawyers I spoke to all seemed to share the same impression of the Michael Cohen testimony that I had. Why would anyone believe someone like that? What is the point of Congressional testimony by a convicted liar and disbarred attorney? No one disagreed that Cohen couldn’t be a witness in any proceeding, not would his testimony be admissible. How could anyone see this as anything but a transparent and  base effort by Democrats in Congress to try to smear the President with ad hominem slurs and unprovable allegations by someone obviously trying to somehow improve his own, self-made, miserable position? The lawyers are also concerned Congress is weakening the crucial attorney client privilege by encouraging a witness to breach it.

2. Ethics Corrupter: Nancy Pelosi. How dare the speaker of the House insult the President before the public by saying, “Do the country a favor, don’t run in 2020?” The democratic Congress continues to lead the effort to strip the President and his office of all the respect and basic deference they both must have for the government to function. Her snide condescension is unprofessional and nauseating….as well as bizarre, coming after the Trump-led economy just had its best month of growth in a decades—just as he promised it would. Given the state of her own party right now, a plea of “Do Democrats a favor, don’t run in 2020” would be more logical.

3. Engineering ethics. My GM rental car was keyless. It’s cool and all, but why? Congress is trying to pass new safety regulations because keyless cars are killing people. Drivers leave them running without realizing it, and sometimes poison themselves or other with carbon monoxide. They also may be easier to steal.

What, exactly, is the problem that keyless ignition was needed to solve? The “improvement” adds to the cost of cars, and appears to be a classic example of fixing something that ain’t broke, just Americans like gadgets. I have attacked the “if it saves one life” idiocy of the anti-gun lobby, but that’s because guns have very valid uses. If a completely gratuitous change in engineering and technology kills anyone without conferring some counter-balancing advantage, then that change is irresponsible and reckless.

4. Not good enough—not even close. The Washington Post, which is being sued by lawyers for 16-year-old Nicholas Sandmann for its role in focusing partisan hate on a student who had in fact done nothing wrong, issued an “Editor’s Note” on the episode late yesterday. Here it is in its entirety: Continue reading →

Amazing Tales Of “The King’s Pass”: The Johnny Manziel Saga

/ Jack Marshall / 32 Comments

To refresh your memory, from the Ethics Alarms Rationalizations list:Ethics Alarms Rationalizations list:

11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?”

One will often hear unethical behavior excused because the person involved is so important, so accomplished, and has done such great things for so many people that we should look the other way, just this once. This is a terribly dangerous mindset, because celebrities and powerful public figures come to depend on it. Their achievements, in their own minds and those of their supporters and fans, have earned them a more lenient ethical standard. This pass for bad behavior is as insidious as it is pervasive, and should be recognized and rejected whenever it raises its slimy head.  In fact, the more respectable and accomplished an individual is, the more damage he or she can do through unethical conduct, because such individuals engender great trust. Thus the corrupting influence on the individual of The King’s Pass leads to the corruption of others.

There was good news on the King’s Pass front, when reports emerged that the Philadelphia Philllies decided to spend their “crazy money” on free agent outfielder Bryce Harper rather than free agent infielder Manny Machado because of Machado’s unsportsmanlike conduct during the recent post-season and his excusing his loafing to first  in a game by saying that he “wasn’t Johnny Hustle.” Since Harper’s ridiculous contract from Philly ended up being 30 million dollars more than Machado’s ridiculous contract with the San Diego Padres,  one could conclude that Machado ‘s conduct, which would get a lesser player benched, demoted, traded for a bag of peanuts or released, at least cost the jerk 30 million dollars.

Good.

But with the King’s Pass, such episodes are rare. Yesterday we learned that alleged football star quarterback—his nickname is “Johnny Football”—Johnny Manzeil was released from the Canadian Football League. The CFL wouldn’t give details, saying only he had “contravened the agreement which made him ineligible to play in the league,” but since it was known that the agreement included weekly therapy appointments, mandatory doctor visits and monthly Lithium tests, it doesn’t take a genius to figure out what happened: Johnny happened. Here’s a summary of Manziel’s “controversies” from Wikipedia:

June 2012 arrest

On June 29, 2012—before he was chosen as Texas A&M’s starting quarterback and before his first college game—Manziel was arrested and charged with three misdemeanors—disorderly conduct, failure to produce identification, and possession of a fictitious driver’s license. These charges stemmed from a late-night fight…In July 2013, he pleaded guilty to failure to produce identification, and the other two charges were dismissed.

…After the incident, Manziel eventually regained the favor of his team and head coach…and was named the starting quarterback… When reporters asked about the incident during his first press conference on November 27, Manziel stated that he had learned from the mistake and “had to make a lot of changes in [his] life.”[146][147]

2013 offseason

During the 2013 offseason at Texas A&M, Manziel drew significant media attention over his behavior off the field. Notable incidents include his early departure from the Manning Passing Academy after allegedly oversleeping, tweeting that he “can’t wait to leave College Station” after receiving a parking ticket, and getting kicked out of a fraternity party…ESPN reported that the NCAA was investigating whether Manziel accepted payments for autographs that he had signed in January 2013. The NCAA did not find any evidence that Manziel accepted money for the autographs, but reached an agreement with Texas A&M to suspend him for the first half of the season opener against Rice University, due to an “inadvertent violation” of NCAA rules.

2015 offseason

On February 4, Manziel entered a treatment program for unspecified reasons. On May 30, Manziel was involved in an incident with a heckler at a   golf tournament. The heckler had been continually asking for an autograph, to the point that Manziel became fed up and threw a water bottle at the man. The water bottle missed the heckler. Security and police were called, but no charges were filed.

2015 season

Manziel was pulled over by a policeman after fighting in his car with his then girlfriend, Colleen Crowley. Although no charges were made, Manziel admitted to having had some alcoholic drinks earlier that afternoon…On November 24, a week after Manziel was announced as the NFL C;eveland Browns’ starter for the remainder of the season, head coach Mike Pettine demoted Manziel to third string after a video of him partying surfaced on the Internet….It was later revealed Manziel reportedly lied about the video… Manziel was seen at a Las Vegas casino the night before the Browns played their final game of the 2015 season. Manziel was scratched from the final game because of a concussion. …The next day, Manziel failed to report to the Browns on Sunday morning when he was supposed to report to the team medic, which all players with concussions are supposed to do.

2016

On January 6, 2016, Manziel’s marketing agency, LRMR, announced that it would no longer work with Manziel. Manziel’s agent, Erik Burkhardt, also announced that he would no longer represent Manziel. On February 5, 2016, the Dallas Police Department announced that they were opening a criminal investigation with a claim of domestic violence involving his ex-girlfriend, Colleen Crowley. Dallas police had originally closed the case, but re-opened it with allegations stemming from an altercation on January 30, 2016, at a downtown Dallas hotel. According to Crowley, Manziel forced her into a car, pulled her by the hair, and threatened to kill both her and himself. On April 24, Manziel was indicted by a Dallas grand jury on misdemeanor assault charges for the incident.

On April 19, 2016, after just two months of representing him, agent Drew Rosenhaus terminated Manziel as a client, marking the first time in Rosenhaus’ 27-year career he fired an NFL player.On the same day, Nike ended its sponsorship with Manziel.[166]

On June 24, 2016, Manziel’s attorney, Bob Hinton, accidentally sent a lengthy text message to the AP relating to Manziel’s defense in his domestic violence case. In the message, Hinton expressed concerns about Manziel’s ability to stay clean, saying that he was given a receipt that suggests Manziel spent around $1,000 at The Gas Pipe, a drug paraphernalia store. On the same day, Manziel’s father, Paul, told ESPN: “He’s a druggie. It’s not a secret that he’s a druggie. Hopefully, he doesn’t die before he comes to his senses. I mean, I hate to say it, but I hope he goes to jail. I mean, that would be the best place for him. I’m doing my job, and I’m going to move on. If I have to bury him, I’ll bury him.”

On June 30, 2016, he was suspended for the first four games of the 2016 season for violating the NFL’s substance abuse policy. On December 2, 2016, Manziel and prosecutors finalized a plea agreement in which Manziel agreed to undergo counseling and have his conduct monitored by prosecutors for up to a year or face prosecution.

Apparently Wikipedia got tired of updating Johnny’s page. Now kicked out of the NFL and the CFL, a new pro league is thinking about signing Johnny Football, and here is how USA Today reported it, in part: here is how USA Today reported it, in part:

It’s no surprise Johnny Manziel’s sudden availability was cause for great celebration around the AAF (Alliance of American Football). Johnny Football would be the ultimate addition for the upstart league….Before anybody whips out a contract and a pen, however, be warned: You don’t know who you’re getting. Will it be Johnny Manziel, who last summer spoke earnestly of prioritizing his mental health and the costly lessons he’d learned from when he didn’t? Or will it be Johnny Football, whose boozed-up escapades and immaturity sent him crashing out of the NFL two years after he was a first-round pick?

Gee, I think it will be Johnny Manziel, certified asshole, who has been behaving the same way since college, but teams keep signing him and giving him money, sending the rest of the team, football, kids and the world that if you have talent, you can get away with almost anything, or at least get an endless number of “second chances.”

The other news? Manziel’s wife was accused of cheating in a half-marathon, and lying about her time.

Come on, AAF, sign him up! What are you waiting for?

Morning Ethics Warm-Up, 3/1/2019: Mania In Pennsylvania

/ Jack Marshall / 10 Comments

Hello from Cannonsburg, PA.

Mr. Adams, but Mr. Adams
The things I write are only light extemporania
I won’t put politics on paper, it’s a mania
So I refuse to use the pen in Pennsylvania

—-Ben Franklin, in “Mr. Adams,” 1776

(But Ben didn’t have a computer…)

1. Like watching a zombie outbreak. Predictable, embarrassing, scary, disgusting, and hilarious. The comments on my Facebook feed by Trump Deranged friends and friends of friends really does begin to make me wonder if protected Trump Hate is mental illness. Multiple people were willing to go on record as saying that they believed Michael Cohen, and—get this—that they found him to be a sympathetic character! Now it’s true that these same people believed Jussie Smollett, Nathan Phillips, Bill Clinton and Christine Blasey-Ford based on nothing more than ideological bias and anti-Trump animus, but even these four are paragons of honesty and trustworthiness compared to Cohen. It is also amazing that these Coehn fans are so confident of the Facebook echo chamber that they don’t hesitate to write something so mind-numbingly stupid.

2. Petty perjury. The Republicans who are trying to prompt an investigation of Cohen for alleged perjury before Congress are abusing process, and worse, they are  imitating the bitter Democrats who argued that Bret Kavanaugh committed perjury by giving his recollection of an innocent definition of “boofing.” Among Cohen’s alleged “lies” is that he said he never wanted to work at the White House in the hearing, but said elsewhere that he did want to work there. The man is inately unbelievable (but sympathetic!) He’s a criminal. He has violated too many legal ethics rules to count. He betrayed his client’s confidences. He has lied under oath. He’s been disbarred. It is literally impossible to have less credibility than Michael Cohen. There is no point in proving petty perjury, except to be vindictive.

3. Testing the tolerance, determination and gag reflex of those who believe in innocence until proven guilty. Michael Jackson’s family is out in force to condemn “Finding Neverland,”is out in force to condemn “Finding Neverland,” a documentary debuting on HBO this weekend.  It purports to chronicle the King of Pop’s alleged serial child abusing, featuring two former kiddy pals who slept in Michael’s bed, all in good fun, according to the Jacksons. No jury ever found Michael guilty, though one has to wonder if the result would have been the same if he looked and sounded like Vin Rhames. On the other hand, Jackson was so, so strange that virtually anything is believable, including the theory that he really was just a big, famous, harmless, case of arrested childhood whose motives were pure as the driven snow. The Jacksons say his now grown playmates are just seeking money and book deals. That’s certainly plausible. What isn’t plausible is that the Jacksons say they never thought Michael’s obsession with young children was suspicious or troubling, and that they see no reason why anyone would have expected them to advise their brother not to act like a pedophile, whether he was one or not.

4. Selma Blair. Selma Blair never became a big star; I remember her best in “Hellboy.” She was talented, though, and now we know she’s gutsy, appearing on the Oscars red carpet using a cane. Blair has multiple sclerosis, which has disabled a career already shot by another crippling malady for movie ingenues–getting older. Blair announced her illness on Instagram, saying, “I am disabled. I fall sometimes. I drop things. My memory is foggy. And my left side is asking for directions from a broken gps. But we are doing it. And I laugh and I don’t know exactly what I will do precisely but I will do my best.” Now she is defying typical Hollywood vanity to appear in public, giving invaluable support to the million-plus Americans who suffer from MS. Wrote Ed Tobias on the MS support website, MS News TodayMS News Today:

“If a photo is worth a thousand words, then the video of Blair and her cane, as she slowly made her way along the red carpet at the Oscars, is worth a million. It shows pain and persistence. Caution and class. It shows what many of us have to handle each day. And Selma Blair showed an audience of millions how to do it. Bravo!”

Agreed.

5.  Now let’s see how many acting jobs David Boreanaz and Emily Deschanel get after this. An arbitrator awarded $179 million,awarded $179 million, much of it in punitive damages, to the two and one of their partners in the long-running hit TV show “Bones,” holding that Fox executives lied, cheated and committed fraud at the expense of the show’s stars and executive producer Barry Josephson. That creative Hollywood accounting robs stars is the third worst-kept and longest running secret in show business, #1 being that directors and producers use their power and star-makimg ability to force actresses to have sex with them, and #2 being that an awful lot of actresses take advantage of that illicit entree. James Garner was one of the few big stars to challenge the swindle in court, and he did so more than once. He won, too, but he also paid a price in lost roles. Most stars just put up with the cheating and take their paychecks, which are pretty big anyway.

Maybe Boreanaz, a latter day Garner who may have sensed that he has maxed  out his career as he enters his fifties (surely you remember him as Angel, Buffy the Vampire Killer’s tragic true, un-dead love?) and Deschanel, who has always been oveer-shadowed her younger, cuter, funnier sister Zooey, may have decided that there was no downside in fighting for their fair share. Or maybe—just maybe—they are making a courageous stand for their profession. Either way, it is good ethics news any time the Hollywood moguls get foiled in this game.

A Visit To “The Ethicist”

/ Jack Marshall / 22 Comments

I haven’t opined on posts by the current holder of The New York Times Magazine “The Ethicist” title as often as I used to, in part because Kwame Anthony Appiah, unlike his predecessors, is a real ethicist, and usually answers the questions to his ethics advice column competently. The February 18 column was especially interesting, however, because Appiah seemed to be ducking some issues. I don’t blame him; two of the three questions he received have no clearly right ethical answer.

The one out of the three that was relatively easy was the anonymous inquirer who discovered that his company was willfully violating labor wage laws and under-reporting wages for workers’ compensation purposes. “Should I report this company to the authorities?” The Ethicist was asked. My answer? YES. 1) Get a lawyer. 2) Document what you know and how you found out about it. 3) Quit. 4) Blow the whistle. “I hope you proceed. Obligations of confidentiality to your employer don’t include the duty to conceal fraud,” was Appiah’s conclusion.

The other two questions are more problematical, especially the first: A correspondent asks what she should do with relatives in desperate financial straits who are begging for her money to bail them out. “I love my family, and it is extremely painful to see them suffer, but at the same time it is difficult for me to fund their lifestyles when they seem like a bottomless pit. I feel guilty and uncomfortable, but also angry and annoyed. Yet how can I watch my sister be thrown out of her house and potentially end up homeless if I have the resources to help her?”

The Ethicist ducks. First he says that the woman should try to train her relatives in financial management, even to the extent of actively managing their budgets. Right: THAT’s going to work. His conclusion: “So the most important thing you and your brother can do is to be clear with her about what you are and are not willing to do if her grasshopper behavior brings her into financial difficulties. And that means first being clear about this matter yourself. Bear in mind that you owe more to family members than you do to strangers, but you don’t owe it to them to abandon all your hard-earned plans in order to pay for their mistakes.”

But that wasn’t the question. Of course family members can’t demand that you fix their financial mistakes. It isn’t a matter of “owing” them, either. The Ethicist also cheats by resorting to a straw man: she didn’t ask if she should “abandon all her hard-earned plans.” She asked how she could sit back and watch them suffer when she had the resources to alleviate some of that suffering. Continue reading →

Once Again, Baseball Agent Conflicts Are Hurting Players Who Don’t Understand Why

/ Jack Marshall / 36 Comments

Baseball writers are the tools of baseball player agents, useful idiots who write on and on about the underpaid millionaire players and the unfair owners, who won’t pay them what they “deserve.” They scrupulously avoid educating readers about the unethical player agents who manipulate the system and the players for their own benefit, not their clients.  I have written about the unregulated and largely ethics-free baseball agents before, but their conduct this off-season is unusually revolting.

At the top of the list, as usual, is mega-agent Scott Boras, who cleverly treads the line between being an agent and a lawyer—he is both—while having too many stars under his thumb for the sports organizations or bar associations to hold him to account. For example, as a lawyer, Boras would be absolutely bound to tell his clients about a settlement offer, and would be subject to disbarment if he rejected an offer without communicating it to his client (you know, like you regularly see lawyers doing on TV and in the movies). However, there are no player agent rules that require an agent to communicate a team’s salary offer to a player. Agents can, and presumably do, reject offers without their clients ever hearing about them. This, of course, avoids the problem of a baseball star saying, “Oh, hell, that’s more money than I could ever spend anyway. I know it’s less than we talked about, but go ahead and take it.”

Agents have conflicts of interest so grand, and apparently so little understood, that meaningful consent from the client, theoretically the remedy, is virtually impossible. Let’s look at Bryce Harper, Boras’s client who is seeking more than $300 million dollars over a ten year guaranteed contract. Harper is 26 years old and has already made 49 million dollars, not counting endorsements. The functional utility of each dollar he earns is less than the one earned before in his situation. Realistically, there is very little difference between a $250,000,000 contract and a $300,000,000 contract to Harper, except from an ego perspective. The extra 50,000,000 won’t make any difference to him. Boras, however, is a different matter. Let’s say his cut of Harper’s salary is 5%.  He’ll get 15,000,000 if Harper signs for the high figure, but “only” 12,500,000 if Harper agrees to the lower figure. $2.5 million means nothing to Harper: he could throw it down the toilet, and wouldn’t feel a thing. The difference to Boras, however, is much greater in practical, and add to that the marketing advantage of being able to tell potential clients that he set the new all-time record for a free agent contract for his client. Continue reading →