Childhood and children

Morning Ethics Warm-Up: 8/26/17

/ Jack Marshall / 17 Comments

Good Morning!

(My Dad was from Kentucky. He couldn’t stand Tom T. Hall…or Mitch McConnell)

1. I have been working on a legal ethics seminar for lawyers who represent seniors (I was told that the politically correct term among the groups was “older clients.” Older than what?) It is one of those areas of the law in which the usual ethics rules don’t work very well, or sometimes not at all. This anomaly requires a lawyer practicing in the field to be ready to embrace the Ethics Incompleteness Principle: to violate the letter of the professional ethics rules in the best interests of the client. For example, what does a lawyer do whose aging client lives with a son or daughter, and the lawyers sees signs of elder abuse? When the lawyer asks the client, he makes various excuses for his caretakers, and finally says that while he has been abused, it’s not serious and will only get worse if the lawyer says or does anything in response to it. Now what? The fact of the abuse, under the usual construction of the rules, is a confidence controlled by the client.

The emerging consensus is that the lawyer can ethically use the exception to confidentiality that allows an attorney to reveal a client confidence to prevent death or serious bodily injury to a “third party,” the client becoming “the third party” for his own protection.

2. A federal lawsuit was filed last week alleging that a Tennessee judge and sheriff violated inmates’ constitutional rights by instituting a program offering reduced jail time for criminals who agree to undergo vasectomies or get contraceptive implants. The suit claims the White County program amounted to “eugenics with a twist.” I don’t think it’s much of a twist; I’d say it’s eugenics, straight up. I’d assume CBS will love it: after all, eliminating criminal types is even better than eradicating Down Syndrome babies. Isn’t it?

3. Lots of people sent me this horrible story, about the cheerleader camp at a Denver area high school where young girls were being forced to do splits (it hurts me even thinking about doing splits) , with the camp’s instructor shown in a leaked video pushing down on the shoulders of a 13-year-old as she screamed for him to stop.

Boy, there is a lot of child abuse out there.

The Denver Board of Education said in a statement: “As the elected representatives for Denver Public Schools — and as the moms, dads and family members of D.P.S. students ourselves — we are deeply disturbed by the videos of cheer practices at East High School that came to our attention yesterday.”

Gee, it’s good to know that you are all disturbed that children are being tortured at schools that you are supposed to be overseeing.. This must mean you are competently doing your jobs. No, actually it doesn’t

“As the investigation continues,’’ it states, “our focus must be entirely on our students, families and educators.”

The school superintendent also said: “We have sent notification to our athletic directors emphasizing that D.P.S. does not allow the use of ‘forced splits’ or any other activity that puts a student’s physical or mental health at risk, or in which a student is forced to perform an exercise beyond the point at which they express their desire to stop.”

An Ethics Alarms note to that school system: Any athletic directors who have to be reminded that abusing children in their care, and continuing to make them perform painful acts after they have said that they don’t want to, is not something they should be doing shouldn’t be employed in the first place. Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up: 8/24/17”

/ Jack Marshall / 32 Comments

The debate over what kind of tolerance is required and justified in a democracy inspired reader Chris Marschner to submit a thoughful and thought-provoking comment, as he has before, that takes the discussion in a diferent direction.  I’ll let you read it and have your own reactions; Chris needs no further preface.

Here is his Comment of the Day on the post,Morning Ethics Warm-Up: 8/24/17:

Let me begin with the question, what lies as the foundation of tolerance? Is it understanding, empathy, or a just a willingness to comprehend an alternative perspective? Perhaps it is all three. By definition, tolerance is a willingness to live and let live, so to speak. But, the notion of willingness to live and let live does not preclude the actions of those who seek to change minds through cogent rational argument.

I have listened at great length to those who oppose and support the destruction or removal of Confederate iconography in today’s world. If we start with the assumption that what is right and good will triumph over that which is bad and evil in time without the need to resolve the dispute violently we might move toward a more tolerant and enlightened social structure.

My thesis is neither a defense of nor a condemnation of societal issues that continue to pit one against another. I will merely juxtapose the historical issue which divided the nation into camps that found the practice repugnant and those that found no problem with it an a modern day issue that one group find morally repugnant while others do not and attempt to draw parallels to historical events that sanctified, or at least legitimized social behavior.

Again, I am trying not to cast any judgement on any behavior but to develop my thoughts I needed to find a modern day issue that a majority segment of our population finds morally repugnant and another minority segment sees as perfectly acceptable. I then asked myself the question to what lengths might the minority segment go should the majority segment impose its will by executive or judicial fiat? How much will the minority tolerate before it finds the political majorities imposed will too much to tolerate. What issue might create substantial animus toward the ruling segment that it too may seek to enjoin itself from laws of the land. What parallels in history do we see that might engender such animus and how might future generations view the loser if the debate escalated into a full on confrontation? Continue reading →

Ethics Dunce: Anyone Who Ran This Story

/ Jack Marshall / 13 Comments

On my way home from my seminar today, I saw that my cab’s in-ride video featured, along with three Jeopardy! questions from Alex Trebek, a Jimmy Kimmel feature (his “Pedestrian Belly-Flop” competition) and the weather, and a video from the ceremonies I had just returned from witnessing in person at Boston’s Fenway Park. The headline was-HAHAHAHA!—“First Pitch Goes Horribly Wrong!” and showed Mike Andrews, the ex-Red Sox second baseman from the 1967 “Impossible Dream Team,” receiving a pitch from the ceremonial first pitch tosser, who then heaved the ball far beyond Mike’s reach into a group of photographers, hitting one of them—it’s important to note that he is male–right in the crotch. The clip was attached to an ad for the local ABC affiliate here.

I thought that the mocking video was an ABC product, and it might be, since other ABC affiliates have distributed it. But the same video with similar mockery of the pitch in the commentary is elsewhere, and on its way to going viral. Here is the attached story used by ABC Channel 15 in Arizona:

A photographer and University of Arizona alum was the unfortunate victim of one of the worst first pitches in MLB history on Wednesday night.

Before the Boston Red Sox hosted the St. Louis Cardinals at Fenway Park, the gentleman who tossed out the first pitch threw it juuuuuust a bit outside — and right into a sensitive spot for Tony Capobianco, a photographer and page designer for The Eagle-Tribune who graduated from UA in 2013.

Fortunately, Tony reported he’s OK. Way to Bear Down, sir.

That “sir” is a triumphant cancer survival and success story by The Jimmy Fund, the Dana-Farber Cancer Institute’s ‘s research drive to cure cancer in children that the Red Sox  made the organization’s affiliated charity since Ted Williams became passionate involved with the project in the late 1940s. His pitch was the climax of the ceremonies honoring the 50th anniversary of  the storied pennant winning team, in part because that team became the first to ever award a full World Series share to cancer research, and in part because Andrews had followed his playing days with 25 years as the Jimmy Fund’s executive director. Continue reading →

Morning Ethics Warm-up: 8/17/17

/ Jack Marshall / 253 Comments

Good Morning!

1. I got back late last night from my pilgrimage to say thanks to the Impossible Dream team, and now I’m on my way out to teach an ethics seminar for D.C. government attorneys. I haven’t caught up with the comments yet; I’m sorry. Things should be back to normal hear by this afternoon. Here are the surviving members of that 1967 Red Sox team that changed my life:

Incredibly, the Red Sox barely promoted the event, and had no memorabilia, not even a T-shirt, available at the souvenir stands. I asked one of the sales people, who said the team had given them nothing, figuring that the typical fan was too young to remember or care.

And people wonder why I object to tearing down statues…

2. …which the unethical Mayor of Baltimore ordered to be done yesterday in the dead of night. From the Times:

It was “in the best interest of my city,” Mayor Catherine Pugh said Wednesday, as she explained why she ordered Confederate monuments removed under the cover of darkness, days after violence broke out during a rally against the removal of a similar monument in neighboring Virginia.

“I said with the climate of this nation,” Ms. Pugh said later, “that I think it’s very important that we move quickly and quietly.”

With no immediate public notice, no fund-raising, and no plan for a permanent location for the monuments once they had been excised — all things city officials once believed they would need — the mayor watched in the wee hours on Wednesday as contractors with cranes protected by a contingent of police officers lifted the monuments from their pedestals and rolled them away on flatbed trucks…

David Goldfield, a professor of history who studies Confederate symbols at the University of North Carolina at Charlotte, said the removal of the monuments in Baltimore was likely to be part of a “rolling cascade” of cities and states ridding themselves of, or at least relocating, similar statues.

”You’re going to see another wave of these removals.” Mr. Goldfield said. “The fact that it’s done fairly expeditiously is not surprising because if you do it quickly the opposition can’t build up, and the confrontations that we’ve had, not only in Charlottesville but elsewhere, will not materialize.”

By all means, move quickly and without notice or due process so lawful protests and expressions of public opinion “can’t build up.” “It was in the best interests” is such a versatile rationalization for unilateral government action.

Democracies don’t undertake controversial actions in the night. Dictatorships do. Pugh and others nascent fascist of the left are as responsible for “the climate of this nation” as much or more than anyone else, and now want to exploit the dangers of that climate to stifle dissent.

Perfect. Continue reading →

Comment Of The Day: “Ethics Quiz: ’13 Reasons Why'”

/ Jack Marshall / 19 Comments

More important than giant chickens, more susceptible to compassionate solutions  than North Korea, and more worthy of our consideration than Debbie Wasserman Schultz because anything is, the teen suicide problem generated excelled responses to a post about it here, and was, as topics are so often, quickly buried by other controversies and events.

Lets’ discuss this a bit longer, shall we? It’s worth it. A good way is to recall one of the best comments the post about the Netflix series dramatizing a fictional teen’s suicide and its effect on her friends.  Here is Rip’s Comment of the Day on the post, Ethics Quiz: “13 Reasons Why”:

OK— this issue is one I have spent years delving into. I spent the better part of a decade doing volunteer work; developing interviewing techniques at Georgetown hospital with student actors to help train pediatric medical students on how to find youth that are engaging in or thinking about behaviors that put themselves at risk.Doctors Abrams and Hawkins have done amazing work on developing tools to reach at risk adolescents

I hope to return to  this at some point, but my volunteer work is currently on hold. Here is what I know.

75% of teen deaths, including suicides, in this country are avoidable if there is intervention in time. Suicide is the second leading cause of youth death, and LGBT youth are 4 to 6 times more likely to commit the act. Thank god for the Trevor Project and It Gets Better campaigns: they help. In the 90s when I tried to create suicide prevention programs through theater, I was told by administrators that we could not do this, as it might give the kids “ideas.”

Ugh. The statistics show they already have the ideas. Continue reading →

Ten Further Thoughts On The “The Taunting Girls Softball Team”

/ Jack Marshall / 3 Comments

Well! I returned from my seminar to find an excellent discussion underway regarding this Morning’s Ethics Warm-up, wholly devoted to the Virginia girls softball team that was hammered mercilessly for the raised middle fingers of six teammates to send off their vanquished foes in the semi-finals. Here are some further thoughts after reading the comments:

1. There is no question that the conduct of the girls concerned the game, the sport, and the League. They were in uniform. The message directed the “up yours” gesture to the other team. This is not a case where personal expression via social media was punished by an outside authority. Ethics Alarms has been profuse in its rejections of efforts by schools to punish students for their language, ideas or other expression on platforms like Facebook and Snapchat. Those are clearly, in my view, abuses of power, parental authority and free expression. This is not like such cases in any way. If a cheerleader squad, wearing the uniforms, colors and emblems of a school, behaved like these girls, punishment by the school would be appropriate, right up to the “death sentence” of dissolving the squad.

2. Would the reaction to the photo be different if it were a boy’s team? I just don’t think so.

3. The comparison has been made to the earlier post about Matt Joyce, a major league player, being suspended by the league for a comment made to one fan during a game in a heated exchange. For the life of me, I cannot figure out what anyone would think is similar about the two episodes, the primary difference being the fact that in one case, an adult was disciplined for professional misconduct on the field of play, and in the other, children were disciplined for breaching conduct their sport and organization exists in part to teach, reinforce and convey. The punishment of the player was $60,000 in lost income for a single word, not broadcast via social media. The team was not punished except to have to play without his services for two games, but then it was not colorably a team offense by any stretch of the imagination. I don’t even want to think about what an MLB team would do to six players who, in uniform, made the same gesture the girls did to “our fans.” They might all get released. Continue reading →

Morning Ethics Warm-Up: 8/8/2017: The Taunting Girl’s Softball Team

/ Jack Marshall / 42 Comments

Good Morning!

I’m squeezed today like fresh orange juice!

I have an early morning ethics seminar in about 90 minutes, so one topic is all I have time for. But it is a good warm-up, reaching an ethics issue—the proper level of punishment for civility breaches in sports— recently discussed here, but with very different factors and ethical considerations involved.

Here and Virginia, many are steaming over the harsh punishment handed down to the victorious Atlee Little League girls’ softball team, which was kicked out of  the Junior League World Series,  featuring the best 12-to-15-year-old girls teams in the world, only hours before its players were about to take the field on national television. The team’s offense: an unsportsmanlike social media post, taunting its last opponent.

Atlee prevailed in a week long tournament in Kirkland, Washington, culminating in tense 1-0 victory in the semifinal game against the host team. Apparently resentment between the teams ran high, and the game featured a controversy over the Kirkland team stealing signs. (Stealing signs in a girls’ softball game? Wow. I didn’t even think there were signs in girls’ softball!)

After the victory, the carptain of the Atlee team used Snapchat to post a photo of showing six members of the team flipping the Fuck You Finger at the Kirkland team.

The Atlee manager Scott Currie heard about the post and had it deleted. Then he arranged for his team to deliver a formal apology in person  to the Kirkland players the same evening. Nonetheless, it was too little, too late. The next morning the head office of the Little League World Series disqualified Atlee from the tournament, and awarded Kirkland the berth in the title game.

The Junior League  issued the following statement:

“After discovering a recent inappropriate social media post involving members of Atlee Little League’s Junior League Softball tournament team, the Little League® International Tournament Committee has removed the Southeast Region from the 2017 Junior League Softball World Series for violation of Little League’s policies regarding unsportsmanlike conduct, inappropriate use of social media, and the high standard that Little League International holds for all its participants.”

Not surprisingly, supporters of the Atlee team, and the team itself, feel that the punishment is excessive.

Observations: Continue reading →

Ethics Quiz: “13 Reasons Why”

/ Jack Marshall / 30 Comments

“13 Reasons Why” is a Netflix  television series based on the 2007 novel “Thirteen Reasons Why” by Jay Asher. A high school student receives a box containing 13 cassette tapes recorded by his friend Hannah Baker, before she committed  suicide. The show has been a critical and popular success (although the Times didn’t like it much) , and a second season is planned.

But Researcher John Ayers of San Diego State University has studied the results of the show on the culture by monitoring discussions of suicide on the internet following the debut of “13 Reasons Why.” The phrases “how to commit suicide” and “commit suicide”  have experienced a 26% and 18% increase in searches. Ayers sees no other explanation for this other than the show.  Searches for the phrase “suicide hotline number” also jumped, by 21%

Ayers now says, “Our worst fears were confirmed That is, thousands of people, thousands more, are searching online about ways to kill themselves.”

Ayers wants the first season to be re-edited to discourage suicidal behavior, and argues that the second season should be postponed. “Psychiatrists have expressed grave concerns because the show ignores the World Health Organization’s validated media guidelines for preventing suicide. The show’s staff instead continue to prefer their gut instincts,” Ayers says.

Your Ethics Alarms Ethics Quiz of the Day is this head-scratcher…

Is it ethical for Netflix to continue running the series in light of Ayers’ research and recommendations?

Continue reading →

The Bikers vs. The Bullies

/ Jack Marshall / 6 Comments

I need an uplifting ethics story about now. How about you?

Fort Wayne, Indiana sixth grader Phil Mick’s was dreading his his first day of sixth grade last week. The 11-year old was routinely a target of bullies at DeKalb Middle School. Family friend Brent Warfield of KDZ Motorcycle Sales & Service learned about the child’s problem over the Christmas holidays last year, and vowed to help him solve the problem…a solution that did not involve, as it so often does with bullying, a slippery slope-courting suppression of free speech principles.

Warfield used his connections in the biker community to promote a motorcade for Phil that would show any ill-wishers that he had friends that could reform bullies in a memorable and emphatic manner if so required. Getting the word out on Facebook and elsewhere on the web ( there is a non-profit organization called Bikers Against Bullies), Warfield attracted about 50 bikers from around the state. They gathered at a local restaurant for the motorcade, and the roaring throng took a thrilled Phil Mick to his first day of school. School principal Matt Vince said that the sound reverberated off the exterior brick walls.

Vince told reporters that he commended the motorcyclists for supporting Phil while making a statement against bullying “in a positive way.”

My father, who had to change schools often during the Depression as his single mother sought work and affordable lodging, told me that as a chubby, unethletic-looking, quiet kid who refused to be submissive to anyone he was bullied at every single new school he attended. It was a ritual of his childhood, and Jack Sr.’s only available response was to fight his larger tormentors using his fists.

“Oh, I always lost,” he told me. “But I got some good shots in, and that was enough. Bullies don’t like to keep bothering the kids who fight back;’ it’s too much trouble.”

“Plus they were afraid of my dog [a big Airedale named Bumbo].”

Phil Mick’s method is even better.

The Unabomber Had A Point. [UPDATED]

/ Jack Marshall / 37 Comments

FX has a new limited series about the hunt for the Unabomber, Theodore John Kaczynski. I didn’t pay much attention to the story when it was going on; I just thought it was one more Harvard-grad-turns-serial-killer episode, and that was that. I certainly didn’t pay attention to his “manifesto.” The series, however, enlightened me.  As I understand it, Ted believed that technology was destroying society, making us all slaves to it, and taking the joy out of life. I have yet to see how blowing people up addressed this problem, but then he shouldn’t have to be right about everything. The evidence has been mounting since 1995, when he killed his final victim,that  the Unabomber  wasn’t quite as crazy as we thought.

I could bury you in links, but will not.  We are slaves, for example, to passwords. I teach lawyers that their devices containing client confidences should, to be properly protective of them under ethics standards, have passwords of at least 18 random letters, characters and numbers, with the password for every such device being different, and all of them changed every month. Or you can go the John Podesta route, use “password.” and get hacked, and eventually disciplined by your bar association, once they decide to get serious.

[CORRECTION: In the original post, I relayed a link to a site where you can check your password to see if it’s been compromised. I had been forwarded the link by another tech-interested lawyer. But as I was just alerted by a commenter (Than you, Brian!) It’s apotential trap and an unethical site, making you reveal your password to check it. I apologize for posting it. See how dangerous and tricky this stuff is? See? SEE?.I fell for the trap of depending on technology to protect us from technology! Ted warned us about that, too.]

Then there is this feature in The Atlantic. An excerpt: Continue reading →