Sunday Ethics Warm-Up, 6/23/19: War, Law, Silly Names And Silly Movies

Hi!

1  Every President should be hesitant to go to war.  It is amusing watching Democrats and the news media (B.I.R.M.*) trying to thread the needle and criticize the President for pulling back on the decision to retaliate against Iran with a military response, when the Left virtually always protests military action of any kind. It is particularly amusing since the whole Iran confrontation exposes how irresponsible, dishonest, cynical, and cowardly the “solution” to the Iran problem was that President Obama secretly engineered: the “Let’s give Iran billions of dollars back to cause terrorism and chaos throughout the world in exchange for a promise not to nuke Israel until I’m rich, retired, and can’t be expected to do anything about it” plan.

2. About the Massie case. Nobody took the bait and wrote about the Massie Trial in last week’s open forum, so allow me to explain why it’s relevant.

The legal and academic world is still reeling from Harvard’s punishing law school professor Ronald Sullivan for representing Harvey Weinstein, who, the supposedly educated student citizens of Harvard have apparently been taught to believe, doesn’t have a right to a fair trial and a zealous legal defense. In the Massie case, Clarence Darrow  came out of retirement in 1932 to defend Grace Fortescue, a rich Southern heiress who had traveled to Hawaii in order to seek justice for her wild and unreliable daughter, who accused five Hawaiian men of raping her. The trial resulted in a mistrial due to a deadlocked jury,  ramping  up racial tensions between whites and native Hawaiians. Fortescue paid to have one of the native Hawaiians her daughter accused, Joe Kahahawa , kidnapped and brought to her home in Honolulu, where he was tortured and shot. Grace Fortescue, Thomas Massie, and Edward Lord. Deacon Jones were arrested at the scene and charged with murder. Darrow, 74 and long absent from the courtroom, agreed to defend Grace even though she was obviously guilty, a racist, and the kind of rich, privileged bully that he has spent his career opposing.

L to R: Clarence Darrow, Edward Lord, Deacon Jones, Sheriff Ross, Grace Fortescue, Thalia Massie, Thomas Massie, and George Leisure

Why would he do it? Two reasons, said Darrow: he had been wiped out by the Great Depression and needed the money (he was paid $30,000) and he had always wanted to visit Hawaii. Darrow, you see, knew that every defendant deserved the best possible defense, even rich racist murderers. Continue reading

Bleary-Eyed Morning Ethics Warm-Up, 6/21/2019: The Child Endangerment Follies

Abby Sunderland, now and then.

Not awake, don’t expect to be awake…

…any time soon.

1. Where have I been? Yesterday’s 16 hour marathon for the D.C. bar, followed by another three hours bright and early this morning, pretty much have me operating with one-half of my brain tied behind my back while functioning like a lesser Kardashian with a closed head injury. That I got through it all relatively intact is all due to the Ethical Arts Players, my team of brilliant actors who frequently enhance ProEthics programs—in this case, Esther Covington, David Elias and Chris Davenport, who played 10 comic characters in the ethics training video we were shooting, and Paul Morella, who has been portraying Clarence Darrow with me for almost two decades. It was long day and an exhausting day, but thanks to them, a very proud day for ProEthics.

2. Terrific open forum, everyone, and once again, thanks.

3. On child exploitation...Since you asked about my view of children setting “youngest” records doing dangerous things: the opening thread on the forum was sparked by Keith Walkers comment,

Yesterday on the Today Show there was a feature on a 10-year-old who just became the youngest person to ever successfully climb El Capitan. I immediately thought of Jack and this blog, wondering what he would think of the parents’ decision to let this happen, since someone who is 10 is clearly too young to understand the potentially deadly ramifications of failure. Several friends agreed with my leanings toward “what on Earth were the parents thinking??”, but some made some good points the other way as well. (The parents were well-trained climbers, were with her the entire climb, clearly professionals, etc. – the girl was surrounded with experience, if that makes a difference in your opinion.)

As several commenters knew or guessed, my position on this kind of thing is fixed, and I have expressed it many times. Like… Continue reading

Ethics Quiz: The Revoked Harvard Acceptance

Kyle Kashuv is the  Parkland, Florida student who bucked the trend and took the side of the Second Amendment while his fellow students were being hailed as moral exemplars for attacking the NRA and touring the country as vocal and self-righteous anti-gun activists.  While David Hogg and the rest became go-to guests on CNN and MSNBC’s talking head shows, Kashuv  launched a career as a junior conservative pundit, hanging out on Fox News.  Harvard College, which never found a young celebrity it didn’t want to recruit as long as he or she could spell C-A-T, accepted him for its 2023 Class.

Then some text  messages using racial epithets and expressing anti-minority sentiments that  he exchanged with other Marjory Stoneman Douglas High School students months before the massacre “surfaced online.” That means some of his classmates who don’t like his non-conforming politics decided to sabotage his academic aspirations.

Harvard contacted Kyle and demanded that he explain himself.  Kyle resorted to the old “that’s not who I am” trope so well-worn by celebrities and sports figures who have faced public relations crises created by social media posts they made when they were nobodies with a handful of followers. Kashuv’s problem is that in those cases, an adult was saying that he or she was “not the same person” as the foolish child from the misty past, while in his case, he is disavowing who he was just two years ago. Continue reading

Morning Ethics Warm-Up, 6/7/2019: The Duke’s Revenge, Biden’s Integrity, The VA’s Incompetence, And A Teacher’s Cruelty [UPDATED]

Good Morning!

Last night we managed to watch both “The Longest Day” and “Saving Private Ryan,” which especially amused me as I recalled the places my father shouted at the screen. Especially after “The Longest Day,” the complete absence of any sense of what the D-Day invasion was about or why we were fighting at all is particularly irritating, but then that’s Spielberg all over.

I also recalled the story about John Wayne’s participation in “The Longest Day.” (The Duke is really good in it, though if there is a star of “The Longest Day”, it is Robert Mitchum as  Brigadier General Norman Cota, Assistant Commander, 29th Infantry Division, the man who was also a primary hero of D-Day itself. )

You who else is surprisingly good? Paul Anka, in his small role. He was only in the movie because he wrote the title song, but the singer shows a genuine talent for projecting his character on screen.

[Correction note: I originally wrote, “As far as I can determine, it was Anka’s only film appearance.” Wrong, Ethics Breath!  Reader VinnyMick points out that Anka has several other, less successful, screen appearances. I regret the error.]

This was a passionate,  emotion-and-patriotism- driven project by Darryl F. Zanuck, and he was betting everything on its success: the studio, his personal finances, his love life (Zanuck’s girlfriend at the time had the only female role in the movie), everything.  The producer realized that he had to have Wayne in the film for credibility, as the Duke had been  the Hollywood face of the American fighting man in World War II.  Wayne knew it too, but was angry with Zanuck, who had mocked Wayne’s equivalent project of the heart, “The Alamo.”

He refused to do the film for scale (then $25,000) like the many other Hollywood stars in the film, and insisted on receiving $250,000 as an expensive crow-eating exercise for Zanuck. (That was what Henry Fonda, Robert Mitchum, Rod Steiger, Red Buttons, Richard Burton, Peter Lawford, Eddie Albert,  Jeffrey Hunter, Robert Wagner and Robert Ryan received combined. ) Even though the producer had Charlton Heston lined up to play Wayne’s role if no deal could be struck, he agreed to the punitive fee, as well as giving Wayne special billing in the credits, an out-of-alphabetical order “and John Wayne” at the end.

Yes, that was revenge…but Zanuck didn’t have to agree to it. The lesson is worth remembering: don’t spite anyone gratuitously, or make an enemy casually. You never know when you might need them.

1. Biden flip-flops, but at least he flipped in an ethical  direction. Joe Biden is not modelling a lot of integrity as he desperately tries to appease the radical Left in his party so they might hold their noses and vote for an old, sexual harassing white guy to run against President Trump. His latest reversal was to repudiate the Hyde Amendment, which he had once supported and indeed voted for in the Senate. That’s the law that forbids any taxpayer funds from being spent to fund abortions.

The Hyde Amendment never made any sense. If abortion is a right, and it has been one for decades, then government support for access to that right ought to be no less a requirement than with any other right. The Hyde amendment stands for the proposition that if enough Americans don’t agree with government policy, they should be able to withhold financial support of it. That, of course, wouldn’t work as a universal principle, so the Hyde Amendment is an ethical and legal anomaly. I doubt Joe’s flip-flop is one of principle rather than expediency, but it’s still the right position to have.

2. Nevertheless, Joe’s not going to make it. The New York Times—it wants someone else to get the nomination, so it is reporting negative things about Biden that it might bury with another candidate—revealed once again that Biden repeatedly lied about participating in 1960s civil rights marches,  despite being warned by aides not to do it. Such straight-out falsehoods are debilitating for a candidate who will be claiming to be the champion  to elevate the Presidency beyond the incessant petty lies of Donald Trump; this was one reason Hillary Clinton was unable to exploit candidate Trump’s mendacity. She’s a habitual liar too.

So is Joe. It happens when you will say anything to get elected. Continue reading

D-Day 75th Anniversary Ethics Warm-Up, June 6, 2019: Stumbling As We Try To Keep America Worthy Of Their Sacrifice [UPDATED!]

U.S. WWII veterans from the United States attend a ceremony at Normandy American Cemetery and Memorial situated above Omaha Beach to commemorate the 75th anniversary of the D-Day, in Colleville-sur-Mer, France.

I have a special reason for being a devotee of D-Day: I may be here because my father missed it. He was supposed to be in the invasion, but as an observer, not a combatant. Dad never explained how he got that plum assignment, but before he had the honor, an idiot in his company blew part of my father’s foot apart while playing with a hand grenade nearby. (You’ll be happy to hear that said idiot advanced human evolution by blowing himself up in the process.) Thus Jack Sr. was in an army hospital on June 6, and had to wait for the Battle of the Bulge to be part of an iconic W.W. II conflict.

1. Somehow, I don’t think this is the society they thought they were fighting for…

At Rutherford High School in Bay County, Florida, a teacher  wrote “WTF” on a student’s science homework. His mother complained, calling the vulgar acronym “inappropriate.”

Boy, what a prude.

I just saw another of the increasingly common TV ads where evoking a vulgar word is used for humorous value.  One of the cell phone networks includes an exclamation of “Holy shirt!” (Get it? HAR!) when a father’s gray attire suddenly explodes into color as soon as the family upgrades its network.  “What the Shirt” is also a trendy shirt company.

In a culture where casual public vulgarity is treated as normal and even clever, it is no surprise that alleged professionals often have no functioning ethics alarms regarding their language, or any sense of respect, etiquette, gentility or decorum. After all, when a newly elected Congresswoman thinks it’s appropriate to shout “We’re going to impeach the motherfucker!” and suffers no adverse consequences, what do we expect?

2. Somehow, I don’t think this is the society they thought they were fighting for…wait, didn’t I just write that?

Sueretta Emke complained that she was dining with her family at a Golden Corral in Erie, Pennsylvania, when the manager told her that her attire was inappropriate and that some customers had complained. Asked Emke said the manager couldn’t answer when she was asked what was so inappropriate about her outfit. It was a mystery!

For some reason the phrase “res ipsa loquitur” keeps coming to mind.

Call me crazy, but I doubt that if  Ms. Emke’s croptop and Daisy Dukes had fit her more like this…

…anyone would have complained, or even if someone had, that the manager would have ejected her.  She was being fat-shamed. On the other hand, even at a Golden Corral, diners should have enough respect for others to adopt at least minimum standards of appropriate attire. On the OTHER hand—Did you know that Edward Albee wrote a play called “The Man With Three Arms? It was not a success—unless restaurants have stated, publicized and displayed  dress codes, it is unfair to arbitrarily discriminate against the unattractive exhibitionist and slobs while allowing the attractive ones to dine unmolested. Continue reading

Sunday Morning Ethics Warm-Up, 6/2/2019: Dark Thoughts And Good Reasons For Them

Looking forward to the ethical week ahead, certain that I’ll be disappointed, and bitterly, based on last week…

<Sigh>

1. The Ethicist’s Dilemma. I’m preparing for a couple of legal ethics CLE seminars for government lawyers, and raised  an ethical dilemma facing me to my sister. The last time I included government lawyer ethics issues related to the multiple controversies in the Mueller investigation, the FISA process, and the Michael Cohen clown act, I received several critical evaluations that were entirely partisan and political. And, in the session itself, there were a couple of participants obviously set at “hair-trigger” to register accusations and objections that any criticism–based on pure legal ethics analysis on my part—that found fault with the lawyers involved revealed me as a dreaded “Trump supporter.” I asked my sister, who is a retired government lawyer with extensive Justice Department experience, if I should nonetheless cover such issues as Robert Mueller flagrantly violating Rule 3.8 of the D.C, Rules with his public statement last week,  or what a White House Counsel’s ethical obligations are regarding communications from the President (since the “who is the client?” complexities of that role continue to confound legal ethics experts, my position is that the WHC has an ethical obligation to make it crystal clear to any President when he is covered by attorney-client privilege and when he is not, to cite one example.)

Her depressing advice: Don’t touch any of it. People, even lawyers, are not capable of keeping their emotions and political passions under control these days, she said. No matter how accurate and fair your analysis is, she emphasized, you risk allowing these hot-button issues to derail the seminar and even harm your professional reputation.

Yet I believe that I have an obligation to cover these issues. I also have a lifetime bias for doing what people tell me will be disastrous when I am convinced that it is the right thing to do. Then my father’s voice comes out of the mists of time, reciting his favorite fake obituary, a ditty about sailing:

This is a story of John O’Day
Who died maintaining his right of way
He was right, dead right, as he sailed along
But he’s just as dead as if he were wrong.
I’m thinking.

Continue reading

From The “Easy Ethics Questions That Some People Think Are Hard” File: “Should A Father Warn His Daughter’s Boyfriend That She’s A Sociopath?”

Of course not.

On the the sub-Reddit “AmITheAsshole” board,  a father consulted the group as to whether it would be  wrong for him to warn daughter’s fiancé-to-be  that she’s been diagnosed  as a clinical sociopath. She is  attracted to her boyfriend, he said, she has told him in the past that  she doesn’t feel love or empathy towards anyone, nor guilt or  grief.  Yup, that sounds like a sociopath, all right. A doctor diagnosed the daughter as suffering from antisocial personality disorder at age 18.

“She exhibited odd, disturbing behavior at a young age, and after a serious incident of abuse towards her younger sister, I realized she needed professional help,” Dad wrote. “Throughout her elementary years she struggled heavily, getting in lots of trouble in school for lying, cruelty, and all other types of misbehaviors. With an enormous amount of therapy and support, her bad behavior was minimized as she grew older.”

Her boyfriend has no idea, the father believes, what kind of person he will be marrying, and the father believes that he has a right to know, saying,  “I really like and respect this young man, and would feel awful keeping this ‘secret’ from him, and letting him walk into a marriage without this piece of knowledge.”

Yet since her diagnosis, the daughter seems to have her behavior under control. She has a good job, successfully navigated through college and has  many friends. She is also popular on the dating scene.

The Reddit participants seem to have been flummoxed by the father’s dilemma. I’m not. The ethical course is clear. Continue reading

Afternoon Ethics Respite, 5/22/2019: The Stupid Edition, With A Poll

Good afternoon, Music Lovers!

[Unrelated to the Stupid theme, but of interest: my mostly Democratic audience for today’s sexual harassment training  had no sympathy whatsoever with Joe Biden’s shameless groping, nor with his party’s hypocrisy in supporting him (so far.) Another interesting exchange—I was ready for the question—was when an attendee asked about “the current occupant in the White House” and his sexual harassing ways. “Has he harassed anyone while President?” I asked. She said, “Not that we know of.” Then I put up one of Uncle Joe’s groping photos. “How can a party that nominated someone who openly harasses women on camera challenge same but speculative conduct by the President?” I asked.

It’s also interesting that the un-American and unfair concept of presumed misconduct has so infected progressive thought where Donald Trump is involved. This was the answer I got repeatedly from one of our Self-Exiled Warriors of the Left before his exit: he knew that the President had colluded with the Russians and stolen the election because that’s just the kind of person he is.

What kind of governments oppress, accuse and punish people based on the kind of person they are?]

Stupid #1. In my back yard of  Richmond, Virginia, a woman left instructions in her will that Emma, a healthy Shih Tzu mix, be put down. The Chesterfield County Animal Services , where Emma was residing, appealed to the executor of the dead woman’s estate. “We did suggest they could sign the dog over on numerous occasions — because it’s a dog we could easily find a home for and re-home,” said Carrie Jones, manager of Chesterfield County Animal Services. Nope. Representatives took Emma in custody to be euthanized. The dog’s remains were cremated, and her ashes were placed in an urn to be returned to the “authorized representative of the estate.

There’s no excuse for this screaming example of human arrogance, narcissism, cruelty and idiocy. As a matter of public policy, testamentary wishes involving the killing of anything  should be declared unenforceable by law.

Trust the humans, Emma: they have decided that you’ll be happier dead.

Stupid #2: Boy, I don’t know if Kamala Harris is beatable in the Ethics Alarms contest to be the worst candidate for the Democratic nomination.

To begin the week,, Harris announced  her plan to close “the gender wage gap in the United States,” which is largely a fake talking point the Democrats have been flogging for decades. Her proposal would require that businesses submit  their payroll to the federal government, and if employees in the same position are not paid the same (absent legitimate reasons like seniority or merit, the company would face fines, including a fine of 1% of the company’s profits for every 1% of a “wage gap” that exists.—after expensive appeals, of course. Good plan!!!

But I digress. After Harris’s announcement,the Washington Free Beacon  investigated her own staff’s salaries and found the the median male salary disbursement was $34,999 and the median female salary was $32,999, a 6% gap.

How smart, responsible and competent would a candidate have to be to make certain that her own staff salaries showed nothing that could even be claimed to be a “gender gap”by grandstanding a proposal like hers?

Not very, but apparently Harris can’t even clear that low bar. Continue reading

Ruby Tuesday Ethics Warm-Up, 5/21/2019: Of “Bad Charity,” Fake Headlines, Dumb Atticus, And Being Mean To Mr. Ratburn

Tuesday’s child is full of grace.

Tuesday’s ethics, not so much…

1. The other shoe drops...the New York Times yesterday editorialized against the  generous gift to Morehouse students by billionaire and Ethics Hero Robert F. Smith.  It also took a swipe at Smith himself, whose wealth the Times appears to consider suspect. What the mouthpiece of the Left is lobbying for is Bernie Sanders’ free college for all, meaning that not just billionaires but you and I will all have to pay for inflated tuition at institutions that do not so much teach as indoctrinate (or, in the case of Ohio State and who knows what others, molest).

The wonderful thing about Smith’s gift is that it was a complete surprise. The students had a strong financial motivation not to waste their college years taking useless courses on the Patriarchy of Gas Grilling, and instead had every reason to try to prepare themselves for the workplace. Free college education becomes a privilege and a lark, with no accountability or commitment required.

2. Fake Headline Dept. I have seen this in several places: “Ciara Accepted Into Harvard University’s Prestigious Business School.”  (Ciara is a pop diva, if you care.)

Uh, no, she wasn’t. She is going to attend a  Business of Entertainment, Media and Sports program at the B-school that lasts all of three days. She’ll pay for it, too. Ciara doesn’t have a college degree, not that there’s anything wrong with that, but I bet she’ll tell people for the rest of her life that she attended the Business School, just like Bill O’Reilly still says he’s a Harvard grad because he attended the Kennedy School of Government on campus.

Not that a Harvard degree is anything to boast about these days… Continue reading

The SAT’s Racial Prejudice By The Numbers

Bribing administrators  and having people take tests for your kids is one way to cheat in college admissions. Another way is to have the College Board cheat for you.

I should have written about this days ago, I know. I haven’t been feeling well, though, and this story literally makes me sick.

The SATs are adding a so-called “adversity score” that will artificially raise the test scores of some students beyond what they actually deserve on a level playing field competition. This is, we are told, “to help colleges and universities account for the various educational and socioeconomic factors that may negatively impact students’ scores.”

Let me translate: this is a cynical and dishonest device to give cover to colleges and universities as they try to base their admissions on race and ethnicity while avoiding legal prohibitions on discrimination based on race and ethnicity.  That is all it is, and exactly what it is. Continue reading