Ethics Quiz: Second Thoughts About An Ethics Hero Emeritus

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I periodically read random posts here from years ago, to check and see if I would make a different analysis today, and why. It almost never happens, which is good: though I may not trace all of the steps in every post, the systems, methods, models, values and priorities I use to assess various events and scenarios are established and consistent. I also check older posts when I am uncertain about a new version of an issue I have addressed before. Again, I am almost always struck by how closely my thinking then matches my approach now. I am also often struck by the fact that I don’t recall writing the earlier post at all. There are over 6000 of them, so I don’t feel too senile.

Today, however, I read this NPR story, about a previously unnamed engineer at NASA contractor Morton Thiokol who had been interviewed, with a promise of not being named, by NPR after the Challenger Space Shuttle exploded, 30 years ago. Now Bob Ebeling has finally come forward publicly, and allowed his name to be attached to his tragic story.The night before the launch, he and four other engineers had tried to stop it, because the weather was too cold—it was the coldest launch ever— and their research told them that that the rubber seals on the shuttle’s booster rockets wouldn’t function properly in the extreme temperatures. They begged for the launch to be postponed, but their supervisors and NASA overruled them.

That night, Ebeling told his wife, Darlene, “It’s going to blow up.” It did.

“I was one of the few that was really close to the situation,” Ebeling told NPR. “Had they listened to me and wait[ed] for a weather change, it might have been a completely different outcome…NASA ruled the launch. They had their mind set on going up and proving to the world they were right and they knew what they were doing. But they didn’t.”

Thirty years ago, when Ebeling didn’t want his name used or his voice recorded,  he said he feared losing his job but that,”I think the truth has to come out.” After the interview, the investigations, and the law suits, he left the company and suffered from depression and guilt that has lasted to this day. He told NPR that in 1986, as he watched that horrible video again on TV, he thought, “I could have done more. I should have done more.”

Reading and listening to the NPR story, I agreed with him. He should have done more. I was about to write a post from that perspective, when I realized I had not only written about another engineer who had tried to delay the launch, but inducted him into the Ethics Alarms Heroes Hall of Honor. His name was Roger Boisjoly, and of him I wrote in part…

Six months before the Challenger disaster, he wrote a memo to his bosses at Thiokol predicting”a catastrophe of the highest order” involving “loss of human life.” He had identified a flaw in the elastic seals at the joints of the multi-stage booster rockets: they tended to stiffen and unseal in cold weather.  NASA’s shuttle launch schedule included winter lift-offs, and Boisjoly  warned his company that send the Shuttle into space at low temperatures was too risky. On January 27, 1986, the day before the scheduled launch of the Challenger, Boisjoly and his colleague Allan J. McDonald argued for hours with NASA officials to persuade NASA to delay the launch, only to be over-ruled, first by NASA, then by Thiokol, which deferred to its client.

And the next day, on a clear and beautiful morning, the Shuttle’s rocket exploded after take-off, killing the crew of seven and mortally wounding the space program.

My ethics verdict then? This:

“Can we accurately call Roger Boisjoly an Ethics Hero, even though he didn’t stop the launch? I usually don’t like to call people heroes for doing their jobs. If Thiokol and NASA had behaved ethically, competently and rationally, we would not know anything about his memo or him. He did the right things, as his duties demanded. He alerted management to a deadly problem in plenty of time to address it. When they went forward, he argued and protested, until the decision was final. Afterwards, he told the truth to investigators, so the decision-making problems could be addressed. In his world, in that bureaucracy, this—doing his duty, doing the right thing—took courage. He knew, I am certain, that his career would suffer as a result of his actions. Yes, that makes Roger Boisjoly an ethics hero.”

If Boisjoly was a hero, then so is Ebeling, though Boisjoly spent the rest of his professional life lecturing at engineering schools around the world on ethical decision-making, trying to prevent future disasters.

So please help me resolve a Present Jack vs. Past Jack conflict, by considering this Ethics Alarms Ethics Quiz:

Are Bob Ebeling and Roger Boisjoly really heroes?

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Now THAT’S An Unethical Lawyer!

"Ay, ye fekin' eejit, I'll be reefing ye with me shillelagh!"  TRANSLATION: "Disbar me, quick!"

“Ay, ye fekin’ eejit, I’ll be reefing ye with me shillelagh!” TRANSLATION: “Disbar me, quick!”

Yesterday I posted on Facebook a real news story about an Australian teen who plotted to plant explosives on a kangaroo and sent it hopping to a terrorism target. This story, about a Louisiana lawyer who is either trying to get disbarred (with apparent success) or has lost his mind struck me about the same way. Everything seems to spinning out of control.

The Louisiana Bar Disciplinary Board  has recommended permanent disbarment for lawyer Ashton O’Dwyer Jr. This passage of its report particularly appealed to me: During a June 2012 hearing by the committee, O’Dwyer “had to be admonished for brandishing about his shillelagh, his action clearly inappropriate for a disciplinary proceeding.”

Clearly.

That’s just a sample. Here’s a random selection of some examples of how this spunky Irishman has behaved,  from the “How To Get Disbarred” handbook.

O’Dwyer first ran afoul of the ethics rules  in federal court in New Orleans during Hurricane Katrina litigation, when he engaged in personal attacks on the judge and opposing counsel, and engaged in other irregularities “prejudicial to the administration of justice.”  He was suspended by that court in 2008 for his  conduct. In response, he…

….filed a “Declaration of His Intentionally Contemptuous Non-Compliance with the Court’s Order”…

….called the Louisiana Supreme Court a “bunch of kids”…

…referred to the chief justice with a “sexual and offensive nickname,” according to hearing board’s findings of fact.

O’Dwyer then sent an email to the disciplinary counsel in which he implausibly denied the use of racially disparaging terms, which the bar found to be “disingenuous.” Then he sent another email the same day calling the disciplinary counsel a “pimp,” a “puppet,”  “Uncle Tom” and an “Oreo.”

Nothing racially disparaging about any of that, right? All of this got him disbarred for a minimum of two years. Continue reading

From A Proud Abortion Defender, An Inconvenient Truth….

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A New York lawyer named Janice Mac Avoy gifted the Washington Post with an op-ed that was supposed to be a powerful brief for abortion. Viewing it as someone who is deeply conflicted about the ethics of abortion, which is to say, someone who is objective and who didn’t make up his mind first and then look for rationalizations to support that position, I recognized it as a perfect example of why abortion advocates still haven’t made a strong enough case for me, and perhaps why they can’t.

I am still surprised, somehow, when lawyers, like Mac Avoy, display poor reasoning skills. I shouldn’t be, I know: I’ve known plenty of dumb lawyers, even rich and successful dumb lawyers. I suppose I am hostage to the mythology of law school, that professors take students whose “minds are much,’ to quote Professor Kingsfield, and transform those minds into whirring computers of emotion- and bias- free rationality. Unfortunately, mush in, mush out tends to be reality.

Mac Avoy places her own mind in the mush column immediately, with her title “I’m a successful lawyer and mother, because I had an abortion.” This shows her adoption of the classic logical fallacy Post hoc ergo propter hoc, or “After this, thus because of this.” The statement is factually nonsense, and her column takes off from there.

Some highlights:

1. She writes…

“In spring 1981, I knew I wanted to be a lawyer. I was about to become the first person in my family to graduate from high school. I had a scholarship to college, and I planned to go on to law school. I was determined to break a cycle of poverty and teenage pregnancy that had shaped the lives of the previous three generations of women in my family — all mothers by age 18. Then, just before graduation, I learned I was pregnant. Knowing that I wasn’t ready to be a mother, I had a friend drive me to a Planned Parenthood clinic, where I had an abortion.”

Pop quiz: What crucial piece of information is glossed over, indeed strangely omitted, from that account? Mac Avoy “was determined to break a cycle of poverty and teenage pregnancy” —so determined and laser focused on the life goal that she suddenly woke up pregnant! How did that happen? Apparently, despite her representation to the contrary, she was not sufficiently determined that she was willing to refuse  to engage in the exact and only conduct that could foil her intent, and that she knew could foil her intent.

I’m not arguing that a teenage mistake of judgment should derail a life, but I am pointing out that to ignore that personal conduct, as Mac Avoy does, and pretend that pregnancy in every case is some unavoidable random tragedy like a rape or incest, is self-serving and intellectually dishonest, and like most pro-abortion rhetoric, avoids the key issues that make abortion a difficult ethical problem.

2. She writes… Continue reading

Unethical Quote Of The Month: MSNBC’s Chris Matthews, Whose Ethics Alarm Is Obviously Busted

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“Who is going to watch a debate between the two Cuban guys?”

MSNBC host Chris Matthews, reacting on the air to the news that wittle Donald Twump will be avoiding Thursday’s Republican candidates’ debate on Fox because he’s afwaid that mean, old Megyn Kelly will wag on him and make him cwy.

The “Cuban guys” are two  U.S. citizens and public servants named Mark Rubio and Ted Cruz. “Who is going to watch a debate between Rubio, Marco Rubio and Ted Cruz?” Chris went on. (Yes, Chris, we know who you meant). “Who cares?””

I just got back from a New York day trip to do an ethics training seminar for a large law firm. I read about Matthews’ hateful, ugly, bigoted statement just as I was getting ready to leave this morning, and it  bothered me the rest of the day. I haven’t checked—has Matthews apologized? Has he been sacked? Have Hispanics and Latinos rallied to support the Republicans he attacked?

There is no spin, no excuse, no rationalization that removes Matthews’ comment from the realm of hateful, gratuitous partisan bile. This is also the guy, remember, who sees racism in the use of the word “Chicago.” Let’s see if we can find any equivalent statement that wouldn’t be legitimately and immediately  identified as the calling card of a bigot:

“Who is going to watch a debate between the two black guys?”

“Who is going to watch a debate between the two Jewish  guys?”

“Who is going to watch a debate between the two gay guys?”

“Who is going to watch a debate between the two Muslim guys?”

“Who is going to watch a debate between the two women?”

Yet this just vomited out of Liberal Chris’s mouth like it was perfectly reasonable and fair, just like you hear other bigots default to “nigger” without blinking. The statement radiates contempt for a nationality, assumed superiority by a comfortably white hack , and absolute disrespect—because the two men are Republicans, and thus don’t deserve decency or fairness at his hands. That’s how Chris thinks. That’s the culture of MSNBC. That’s the attitude of a shocking number of U.S. “progressives.” Continue reading

Ethics Hero: Fox News

How gloriously ironic it will be it if Fox News is the architect of the tipping point that finally causes Donald Trump’s passionate supporters—you know, the ones who don’t mind if he mocks veterans and the disabled, who don’t notice that he is a substance-free blowhard, who he boasts  wouldn’t care if he shot someone dead in cold blood—to realize they have been deluded fools…

Trump, you see, is pulling out of Thursday’s Fox News debate because he is afraid of Megyn Kelly, who properly challenged him on his habitual misogyny in the first one, prompting Trump to aim his ugly sexism at her. Trump has been sending cheap shots and insults Kelly’s way ever since, and has recently been complaining that she has a “conflict of interest” and is biased against him, and thus should not moderate Thursday’s debate. He should know that every American, including journalists, who have the sense God gave an echidna, are exactly as biased in the sense that they don’t want this blathering, posturing narcissist screwing up the political system, the nation and the culture any more than he already has. Who isn’t biased this way? A panel of Ann Coulter, Ted Nugent and David Duke would be great theater, but I don’t think it would serve the interests of the American people.

Trump claims he thrives on conflict, but for some reason Kelly terrifies him, and Fox, to its credit, has not merely refused to cater to his phobia, but mocked it. Fox News Channel President Roger Ailes told The Post today that “Megyn Kelly is an excellent journalist, and the entire network stands behind her. She will absolutely be on the debate stage on Thursday night.” Later, the network deliciously called out Trump for the hypocrite and coward that he is, saying,

“We learned from a secret back channel that the Ayatollah and Putin both intend to treat Donald Trump unfairly when they meet with him if he becomes president. A nefarious source tells us that Trump has his own secret plan to replace the Cabinet with his Twitter followers to see if he should even go to those meetings.”

Oh, snap! That’s a bit tough, but this is Trump. He’s supposed to be able to take it. What was his devastating response? Continue reading

Thank You, Matt Yglesias, For Showing Exactly Why Journalists Like You Cannot Be Trusted

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Matt Yglesias is now called a blogger, but he has been an editor and a writer at places like The Atlantic and Vox. He’s a journalist; an opinion journalist, for the most part, but a journalist. He also seldom meets a progressive idea he doesn’t like, which is fine, I suppose; after all, that just makes him like about 90 percent of all journalists.

He also endorses lying. The tweet above from Matt is a couple years old, but was recently raised again in an interview with the conservative Daily Caller and some of Matt’s Twitter exchanges with other writers.

“Fighting dishonesty with dishonesty is sometimes the right thing for advocates to do, yes,” wrote Yglesias last week. He seemed shocked that anyone would be troubled by this, asking a conservative writer,  “Do you really think deception is immoral in all circumstances?”  He told the Daily Caller that he approves of lying by policy advocates, but of course he would never lie, because his job as a blogger is to inform.

Does that mean that he would flag, expose and criticize a lie from a politician or advocate he favors, used in the service of  a progressive policy Yglesias wants to see succeed? Say, a health insurance program where the primary public policy-making advocate swears will allow everyone to keep their current health care plans, “Period!”? Will Matt vigorously expose hype by climate change advocates like Al Gore, or false budget claims by politicians like Bernie Sanders? If Yglesias thinks that the public wrongly believing that Mike Brown was surrendering when he was shot will lead to important social reforms, will he expose the lie, or bolster it? What are the implications of a journalist’s belief that lying to the public may be ethical for officials and advocates?

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KABOOM! The School System “Applauds The Efforts Of Students Who Act In Good Faith To Assist Others In Times Of Need” And Is Therefore Exacting Punishment So They Know Never To Do It Again

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I swear, I didn’t believe I heard this right. There was an earlier story about a student who was punished for letting an asthmatic classmate use her inhaler, and I thought this was the same one. But no. Now my head is all over the place, and I am once again rejoicing at our decision to pull our son out of those dens of incompetence, abuse, indoctrination and confusion known as “the public schools.”

Anthony Ruelas, an eighth-grade student at Gateway Middle School in Killeen, Texas, watched as a classmate announced that she was having trouble breathing, gasped for about three minutes, and fell to the floor. The teacher emailed the school nurse, which is apparently the policy now. At least she didn’t sent a fax. Or a carrier pigeon.

Be still, my ticking head…

She ordered students to remain calm and stay in their seats, as they watched the girl struggle to breath like a goldfish out of its bowl.

Anthony, however, decided that his classmate needed immediate help, so he picked her up and carried her to the nurse’s office.

And was suspended from school for two days.  School district superintendent John Craft did say in a statement that the district “applauds the efforts of students who act in good faith to assist others in times of need.” Continue reading

Ethics Dunces: Professor Robert Donald Weide, And Any University That Employs Him

crushing dissentThe results of the Curmie Award vote are up at Curmudgeon Central, where blogger Rick Jones tracks episodes of supreme embarrassment for his profession, education. I think next year’s winner may have already arrived. It’s not that I can’t imagine worse conduct by an educator—I have a lively imagination—it’s just that the conduct California State University, Los Angeles (CSULA) professor Robert Donald Weide is an apt symbol of why U.S. higher education is no longer a solution to anything, but a tragic problem in itself. There is no reason, none, why any school shouldn’t immediately sack a faculty member who behaves like this. If the issue is tenure, then tenure needs to be abolished. Tenure should not shield campus fascists.

What did Weide do? CSULA’s branch of Young Americans for Freedom, a conservative political organization, dared to invite Ben Shapiro to give a lecture called “When Diversity Becomes a Problem” about such emerging issues as Black Lives Matter, “microaggressions,” “safe spaces,”  trigger warnings and other assaults on free speech on campuses and elsewhere. Naturally, since the topic is an important and legitimate one, many at CSULA are attacking the event and arguing it should be blocked by the university, citing trigger warnings, safe spaces,  microaggressions, and, of course, the ever-useful censorship concept of “hate speech.”

Perhaps here is as good a place as any to note that I wouldn’t cross the street to listen to Ben Shapiro, and wouldn’t do so even before his website, Breitbart, decided to shill for Donald Trump. That, however, doesn’t alter the fact that he is every bit as worthy of a campus speaking gig as Lena Dunham, Bernie Sanders, Sean Penn, or the Pope. Continue reading

Ethics Update: The Frontrunners

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There was ample evidence over the past week that all three of the candidates currently leading their respective party’s races for the presidential nomination are unqualified for the office by virtue of their deficiencies of competence, character, and principles. Hillary Clinton had the most spectacularly revealing week, but first, the other two….

Donald Trump: Hubris, incompetence, disrespect and unfairness

1. “I could stand in the middle of 5th Avenue and shoot somebody and I wouldn’t lose voters,” Trump boasted at a campaign rally yesterday. I know, it’s a joke. It’s also an astoundingly stupid thing to say, even in jest, and reveals massive hubris, the quality that brought down many a Greek king and the worst and most dangerous of all Trump flaws. This is what will get him, sooner or later. 3000 years of history and literature teach us that. The comment also reveals utter contempt for his supporters; he is essentially calling them blind morons. The crowd in Iowa laughed….because they are.

2.“Our great veterans are being treated terribly,” Trump says in a new campaign video. “The corruption in the Veteran’s administration, the incompetence is beyond. We will stop that.” Then critics pointed out that the clips used showed Russian veterans, not Americans, and he pulled the ad.

This is the man whose only claim to legitimacy is his management wizardry. Such an error, however, is proof of sloppy oversight and incompetent delegation. Moreover, this is the second time a Trump campaign ad  included mislabeled material: his illegal immigration ad earlier this month used footage of people crossing the Moroccan border to represent the U.S.-Mexico border. Conclusion: he’s faking it, “it” meaning everything. This is all posturing and bluffing, like a student taking an exam for a course he never studied for. Continue reading

No, I’m Not Angry, And No, I Don’t Hate The Clintons, And Yes, I Know What You’re Doing By Claiming Otherwise

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A website linked to Ethics Alarms last week, and inadvertently exposed me to some nasty critics*, one of whom wrote  that among other transgressions, I “really hate the Clintons” and am “a very angry person.”

I know what this is, and I enshrined the technique as Rationalization #48. Ethics Jiu Jitsu, or “Haters Gonna Hate!”:

This vintage of obnoxious rationalization is recently pressed. Its objective is to turn the tables on legitimate critics of unethical conduct by asserting that it is the act of criticism itself that is wrong, thus allowing the object of the criticism to not only escape unscathed, but to claim victim status... The politically-motivated legal monstrosities known as “hate crimes”  have inspired this rationalization by making it plausible to argue that dislike itself is wrong, even when what is being disliked, criticized or hated is objectively wrongful conduct. All “haters” are lumped together, whether the object of hate is Lance Armstrong’s cheating, the NFL’s conspiracy to hide the effects of concussions, or Barack Obama’s ineptitude, in a linguistic trick that suggests that sincere critics are no different from people who hate the United States, minorities, decency, true love and puppies. They are all haters, hate is bad, and it’s the haters who are the problem, not the corruption, dishonesty, and betrayals they criticize…

I don’t hate the Clintons. I have no emotional investment in the Clintons at all, any more than I am filled with hatred for Donald Trump, Melissa Harris-Perry, Bill O’Reilly, Kim Davis, Nancy Pelosi, Harry Reid, Mitch McConnell, Michele Bachmann, Debbie Wasserman Schultz, Carol Costello, Barry Bonds, Tom Brady, the NFL, PETA or any of the targets of intense criticism here. Hate is a powerful emotion, and it leads to irrational decision-making. This is a blog dedicated to ethics, which requires rational decision-making. Hatred leads to bias, and bias makes us stupid. I am not a hateful person; I doubt that anyone who knows me thinks of me as a hateful person. Continue reading