I Wonder How Often This Happens and In How Many Places…

How Paul Anka Proved Harry Truman Right…

I am not a big fan of Paul Anka or his work, so I considered the new documentary on his career a default choice this morning since ice is on my satellite dish and the channel selection on Direct TV was severely limited. But it’s true: you learn something new and useful almost every day, and often in the least expected places.

I did not know, for example, that Anka wrote “Johnny’s Theme,” the now iconic music that Johnny Carson walked onto the stage to at the start of his version of “The Tonight Show.” But it’s how it ended up as Carson’s entrance music that hammers home an ethics lesson.

When Johnny Carson was preparing to take over from Jack Paar as the host of “The Tonight Show” in October 1962, he ran into Anka, whom he had worked with in a TV special. Carson mentioned to Anka that they needed a new theme, so the pop star composer of “Put Your Head on My Shoulder,” “Puppy Love” and the theme to “The Longest Day” repurposed the instrumental arrangement for “It’s Really Love,” a song recorded by his one-time girlfriend Annette Funicello (not one of Annette’s hits) and sent a demo to Carson.

Johnny phoned Paul and thanked him for the offer (and said he and Ed McMahon loved the tune) but said that “Tonight Show” bandleader Skitch Henderson had “his nose out of joint” (does any one use that phrase any more?) because Carson wanted to use a melody written by a “20-year-old kid.”

So Anka suggested that Johnny Carson write new lyrics to his song and that they call it “Johnny’s theme,” which would then be the composition of the “20-year-old kid” and Henderson’s boss. Brilliant! Henderson had to consent to the song’s use every night, and it was Johnny’s walk on music for 30 years until Carson handed over the show to Jay Leno.

Carson’s name on the song meant that he got half the royalties, which averaged $400,000 per year: Carson’s cut was $200,000 a year for lyrics that were never heard or sung. “Johnny’s Theme” had been played more than 1,400,000 times by the end of the Carson’s show’s run. Anka says that Carson admitted he was embarrassed to make all that money for nothing, but the singer shrugs and smiles about it. Johnny got a great theme, and they both made money.

My favorite Harry Truman quote, perhaps my favorite ethics quote by any President and right up there with Winston Churchill’s immortal, “Success consists of going from failure to failure without loss of enthusiasm,” is:

“It is amazing what you can accomplish if you do not care who gets the credit.”

I don’t know if Paul Anka was familiar with the quote or even if he knows about it yet, but his solution to the “Tonight Show” dilemma is as good an example of Harry’s wisdom in practice as we are likely to see.

[Still waiting for WordPress, or someone, to tell me how to get page breaks in posts under their new %$^&#@ block system…]

From Maryland, A “When Ethics Fails, The Law Steps In” Verdict

I recently re-watched “Runaway Jury,” the ethically and legally repugnant film adaptation of a John Grisham legal thriller. It’s one of the most unethical movies extant, and before the last couple of years I would have said such egregious lawyer conduct as depicted in the film was unlikely to the point of impossible (as in most of Grisham’s books). The novel and movie involved a high-profile civil suit: the widow of a man murdered when a fired employee “goes postal” seeks to hold the manufacturer of the gun used by the killer liable for millions in damages. A pair of anti-gun zealots conspire to both rig the jury verdict and ruin the evil jury consultant (Gene Hackman) who helped defeat their home town in a similar case years before. In the end the “good guys” win (that is, Hollywood’s idea of “good”); I have mentioned the film before in the context irresponsible films and TV shows that actively misinform the public about a lawyer’s ethical responsibilities. Now comes a jury verdict from Maryland where a jury delivered a multi-million dollar verdict against Walmart for allowing an employee to buy a shotgun before he used it to blow his head off.

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It Happened Again…

I have mentioned before that I find it remarkable that if you can string three sentences together and appear relatively affluent and educated, people assume that you hate the President and believe that “everything is terrible.”

Today I was waiting in an inexcusably long line because Harris Teeter’s had only one check-out station open even though it had to know that the snow-phobic Northern Virginians would be stocking up for the weekend snow storm. I found myself behind a chatty and pleasant woman close to my age. She struck up a conversation, and, as usual, I was not at a loss for words. We talked about movies and history, National Parks, the Tunnel Tree, and Theodore Roosevelt.

She said she wished it were a longer line because she enjoyed the conversation so much, and out of the blue said that if we weren’t going to be so snow-bound, she would join a protest somewhere, because there is so much to protest. She said it as if she didn’t think there was a chance in a million that I wasn’t in complete agreement. After all, I was friendly, polite and articulate: surely I must be terrified by the threat to democracy that all decent people—all her friends and social media pals and those smart pundits on MSNBC—see.

I saw no point in challenging her. In my experience, when I ask, “What exactly do you think is so terrible?” the answers that come back are vague, evasive, non-substantive or factually wrong. She seemed happy and was enjoying my company. Why break the mood? I’ll probably never see the old bat again. I did not want to prompt an imitation of that woman in “The Birds.”

I was dying to point out, I must confess, that her disdain for Donald trump was at odds with her stated admiration of Teddy Roosevelt, since Trump’s view of his office is more Rooseveltian than any POTUS since TR, with the exception of his cousin Franklin. I’m pretty sure Trump had Teddy in mind when he reacted with defiance after being shot: Roosevelt pulled the same stunt in 1912.

It is remarkable that everyone around here just assumes you are a member of their progressive club, or cult, or delusion. Never have I had anyone make the opposite assumption, that I am one of them, the evil people who think this President is doing many things that desperately need to be done, and that he deserves more support and respect for having the guts to do them.

Why is that?

Confronting THEIR Biases: Yeah, Well, Bite Me, Whippersnappers…

This week Buzzfeed, which has long been on my blacklist, trolled Reddit for a list of “The “Old Person” Things Their Parents Do That Drive Their Kids Absolutely Bonkers.

Some of the things on the list of 25 are indeed genuinely stupid and annoying, like #7 on the list, “My mom still writes checks at the grocery store and stands there balancing her checkbook while everyone else stares impatiently at her, #15, “They use plastic cutlery so they don’t have to wash the real silverware, but then they wash and reuse the plastic ones to be thrifty!”, or #17, “Driving 10+ under the speed limit.”

Others, however, are the result of a whippersnapper’s unjust criticism of a different choice that is defensible, ignorance, or just plain snottiness.

“They own cell phones yet insist on keeping their landlines.”

Reaction: Bite me. I maintain a landline for business. It’s still more comfortable for long substantive conversations, and I prefer to keep my cell phone access limited.

“Turning the volume on the TV all the way down instead of pressing mute.”

Reaction: Why in the world would anyone care about this enough to be annoyed by it?

“My mom ALWAYS puts her phone on speaker phone. Even in public, she uses the speaker phone.”

Reaction: That’s not an old person thing; I see people of all ages, especially women, doing this.

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Incident At Harris-Teeter’s

Last night I found myself bereft of several food items, basics like bread, spaghetti sauce, milk, hot dog relish and grape soda, so I took a jaunt over to the local grocery store to re-stock. The place was almost literally deserted; I thought of Dick Van Dyke, on his show’s famous flying saucer episode (“Unny Uffs!”) working late in an empty office and saying to himself in his best Boris Karloff impression that he felt like “the only living thell in a dead body.”

But one human being was in evidence…a short, slight little middle aged man with slicked down hair who is apparently on the job all day and night, all week long. I see him every time I visit that branch. He is always bustling about, restocking shelves, giving directions to customers, and generally hurrying up and down aisles like the White Rabbit in Disney’s animated “Alice in Wonderland.”

I had thought before, in past visits, that he was as hard working and professional an individual as I had ever encountered anywhere in any occupation, always cheerful, always cheerily greeting me and anyone else he came across. My only discourse with him before last night was to answer his “How are you today. sir?” greetings and to answer, “No, I’m okay, thanks!” when he asked. “Can I help you find anything?’

Last night, however, when we passed in an aisle and briefly ended up face to face, I noticed that he had a blackened, swollen eye and a large bandage over his cheek beneath it. So I inquired, “What happened to your face?” His expression immediately brightened, his demeanor relaxed, and he began telling me that he had that week an operation on a basil carcinoma. Animatedly, the man, whose name I did not know and still don’t know, told me about his history with skin cancers, the experiences of his three sisters, the size of the small growth removed, and more: where he grew up, how much time he has spent in the sun as a child, and his favorite sports and activities growing up. I stood there for 20 minutes listening to him. It seemed that he was so grateful to receive a caring response from one of the hundreds of Harris Teeter’s shoppers he must encounter every day, most of whom treat him as if he were a mannequin at Target, as I always had.

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Wait: Why Is Uber Hiring Drivers Who Can’t Speak English?

Admit it, now: when you learned that Kiefer Sutherland had been arrested, you thought, as I did, “Ah HA! I always suspected that guy wasn’t acting when he played those evil characters in “Stand By Me,” “A Time to Kill,” “The Lost Boys”and “Eye for an Eye.” He didn’t fool me by playing good guys and heroes since “24”!”

Today the reports are that the actor threatened to kill an Uber driver. He had ordered an Uber Black (What the hell is an “Uber Black”? Is Uber like Johnny Walker now?) after having dinner with a friend, or so law enforcement sources told TMZ. When the late Donald Sutherland’s son asked the driver to pull over and let him out, the driver wouldn’t, and after the third request, Sutherland threatened to kill him if he didn’t do as he asked. The driver phoned 911 for assistance, and requested a translator when the police showed up. The police then requested a Russian or Armenian-speaking translator.

What the hell?

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Confronting My Biases #26: Anti-Dog Signs…and One More Seasonal Complaint

First the complaint…

I virtually never return Christmas gifts. I cannot remember the last time I did. This stems from a Christmas childhood trauma. My poor father, who loved my mother dearly, would always pick out for her major Christmas gift a robe, a night gown, a blouse or dress that either didn’t fit, that was identical to one she already had, or that she hated. My mother, for all her wonderful traits, never gave him a break either: she would open the gift and immediately register disappointment. And Dad was always crushed. It got so he would make a joke about it, handing over a package he had lovingly wrapped while saying, “Well, Merry Christmas, let’s see what’s wrong with this.”

As a result, I have never reacted with anything but unalloyed joy when someone gives me a gift. Whatever it is, I love it. It could be chocolate-covered ape placenta, and I will still say, “Oh, this is wonderful! I’ve always wanted to try it!”

Nevertheless, the current practice among retail stores to charge “return fees,” some as high as $9.00 per item, is despicable as well as dumb. If stores want to drive people to Amazon, that’s the way to do it. If I ever did have to return a gift, and I won’t, especially now that there is almost nobody who is likely to give me one since my son/daughter has “cancelled” me for some reason, a store charging me for the privilege would land on my blacklist forever. It is also not consistent with the spirit of the season: I bet Kris Kringle would never let Mr. Macy do that without earning a cane to the noggin.

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We Need a Little Christmas! Presenting the 2025 Ethics Companion To “Miracle On 34th Street” [Expanded and with a New Introduction]

[Johnny Mathis finally announced his retirement this year—he’s only 90. His has been one of the most recognizable, enjoyable, seductive voices in American popular music for almost 70 years. My college room mate always had his records on hand to create the proper mood for his dates. An old time crooner’s chances of being remembered rests now on whether there is a Christmas standard he can be associated with. Johnny’s best shots are “It’s Beginning to Lot Like Christmas,” and “We Need a Little Christmas” from “Mame.” He sings all the others beautifully too, but they are taken.]

I was informed by a fellow Christmas movie fan that it is almost impossible to watch the original “Miracle on 34th Street” film on streaming services or the networks. They prefer to show the various remakes, all inferior in every way. What made  director-writer  George Seaton‘s  movie (it won him an Oscar) so superb in addition to the casting, his straight-forward style and his obvious love of Christmas  is that it instantly felt perfect despite its many suspension of disbelief challenges. Why do they feel this film has to be remade? Is it the lack of color? (“Miracle on 34th Street” was one of the first movies Ted Turner colorizes, and that version is unwatchable.)

As I’ve stated here before I believed in Santa Claus until I was 12. I didn’t want to give the fantasy up: I loved magic, and my parents always tried to make the season magical. My late wife Grace and I tried to do the same with Grant, now “Samantha,” but he was a non-believer by the third grade. Is there anything more joyful to see than the look on a child’s face as he or she wakes up to find what Santa has delivered? Will anything feel that wonderful again?

“Miracle on 34th Street” is an ethics movie in many ways. The movie is about the importance of believing in good things, hopeful things, even impossible things. The movie reminds us that wonderful things can happen even when they seem impossible, and that life is better when we believe that every day of our lives. I’m engaged in that right now: all of 2025 has required it. I’ve had serious injuries, successes, new projects and setbacks. My father taught me to be ready for the worst but to never to give up on the best.

One thing this film does well is to concentrate on the secular holiday without any allusions to the religious holy day, but not being obnoxious about it. “It’s a Wonderful Life” also straddles the line very cleverly: it begins in heaven, after all. All the “A Christmas Carol” films include Bob Cratchit telling his wife that Tiny Tim mused about how his disability reminded people of Jesus’s miracles at Christmastime, and that’s Dickens’ only reference to Jesus in his story.

On the offensive side is the Rankin-Bass animated “Rudolph the Red-Nosed Reindeer”—I can’t believe they still show that thing—when the “stormy Christmas Eve” causes Santa to decide to “cancel Christmas.” I’d say that’s above Santa’s pay grade, wouldn’t you agree? It also suggests that Christmas is only about gifts and children. (Do parents today explain that the singing snowman who narrates the story is based on, and looks like) the real person who also sings the most memorable songs? They should. Burl Ives had a fascinating life and a varied career, and those kids will probably be hearing him sing “Have a Holly Jolly Christmas” for the rest of theirs. 

Interestingly, all of the perennial Christmas movies have been made into stage musicals of varying success—“White Christmas,” “It’s a Wonderful Life,” “A Christmas Story,” “Elf”—- but “Miracle on 34th Street” flopped so badly when Meredith Willson [“The Music Man”] adapted it as “Here’s Love” on Broadway that nobody has tried again. The show included the song, “It’s Beginning to Look a Lot Like Christmas,” which Willson wrote long before the show was assembled.  But as with all the movie remakes, the show missed Edmund Gwynn, the best Kris Kringle of them all. He was a distinguished classical actor until that movie: he complained that after the film he wasn’t allowed to get rid of his bushy white beard and was type-cast as jolly old men.

I decided to post the Companion earlier this year; I also was moved by the fact that a number of EA readers had sought out the 2024 version today. When I’ve posted it on Christmas Eve, it has lacked views for the obvious reasons.

The 2025 companion reflects some additional thoughts upon my re-watching “Miracle on 34th Street” last week—I even took notes. Mostly, I though about how important the holiday, the stories, the music, the movies and what they signify taken as a whole is to our nation, our society and our culture. Thus it was that I decided that here was a good place to re-post “Christmas, the Ethical Holiday” Besides, I need to read it myself.

Christmas: the Ethical Holiday

Benjamin Franklin recognized the importance of regularly focusing one’s attention on ethical conduct rather than the usual non-ethical goals, needs, desires and impulses that usually occupy the thoughts of even the most virtuous among us. He suggested that every morning an individual should challenge himself to do good during the day. In the 21st century psychologists call this “priming,” a form of beneficial self-brain-washing that plants the seeds of future choices.

The Christmas season operates as an effective form of mass population priming, using tradition, lore, music, poetry, ritual, literature, art and entertainment to celebrate basic ethical virtues and exemplary conduct toward other human beings. Kindness, love, forgiveness, empathy, generosity, charity, sacrifice, selflessness, respect, caring, peacefulness…all of these are part of the message of Christmas, which has become more universal and influential in its societal and behavioral importance than its religious origins could have ever accomplished alone. Secular and cultural contributions have greatly strengthened the ethical lessons of Christmas. “It’s A Wonderful Life” urges us to value our ability to enrich the lives of others, and to appreciate the way they enrich ours.  “A Christmas Story” reminds us to make childhood a magical time when wishes can come true. O. Henry’s story “The Gift of the Magi” proves that it is not the value of gifts, but the love that motivates them that truly matters. Most powerful of all, Charles Dickens’ “A Christmas Carol” teaches that the admirable conduct the spirit of the season can inspire need not be short-lived, and that if we use Christmas properly, as Ben Franklin used his morning exhortation to good conduct, it can make all of us better, happier, more virtuous human beings.

At this point in civilization, the religious context of Christmas almost does more harm than good. Though the day chosen to celebrate Jesus of Nazareth’s birthday has been spectacularly successful in promoting the ethical and moral ideals he taught, the idea that Christmas is indistinguishable from the religion he founded has made it the object of yearly controversy, as if celebrating Christmas is an affront to other faiths.

This is a tragedy, because every human being, regardless of religious belief, can benefit from a culture-wide exhortation to be good and to do good. “Happy Holidays!”—the bland, generic, careful greeting of those afraid to offend those who should not be offended—does nothing to spur us toward love, kindness, peace and empathy. “Merry Christmas!” does.

This is not just a religious  holiday; it is the culture-wide ethical holiday, the time when everything should be aligned to remind us to take stock of our lives, think about everyone else who lives on earth with us, and to try to live for others as well as ourselves. Christians should be proud that their religion gave such a valuable gift to humanity, and non-Christians should be eager to accept that gift, with thanks.

It is foolish and self-destructive for there to be a “war on Christmas.” Charles Dickens understood. There is hardly a word about religion anywhere in his story.  There doesn’t need to be. Christmas is the ethical holiday. Christians and non-Christians can celebrate it or not as they choose, but whether they do or not, the Christmas season is more important than any one religion, even the one that gives the holiday its name.

Christmas is important because it primes us to be good, be better, be more ethical, for the rest of the year. There should be nothing controversial about that.

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And now, back to “Miracle on 34th Street”….

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Observations Upon Getting Fired By My First Bar Association CLE Client…

I got fired again yesterday. Sometime I need to go back through my memory banks and figure out how many times this has happened, but it’s a lot. My proclivity for getting canned was a main motivation for me starting my own business thirty years ago, because I was reasonable certain that I wouldn’t fire myself, and that I could probably talk my late wife, the company’s COO, from doing it.

Technically one could say that my company, ProEthics, was fired, but since I’m the only employee now, that would be nit-picking. This bar association had contracted with me as its primary legal ethics teacher for the entire 30 years, with my handling between three and five three-hour seminars every year, plus the ethics segment in the monthly bar’s orientation session for new bar admittees. Its support was a substantial reason Grace and I were willing to take the plunge as a small business in the first place.

By the time the axe fell, on a Zoom call, naturally, I pretty much knew what was coming. The CLE director, whom I had worked with amicably for ten years, had suddenly stopped responding to my emails until he sent me the dreaded “we need to talk” message last week. There had been no incident, screw-up, failure or apparent precipitating catalyst for the end that I could detect: my participant evaluations have remained in the 4-5 range in all categories on a 1-5 scale for all three decades years. My last seminar, an adaptation of my one-man show about Clarence Darrow with ethics commentary on the issues raised by his career, was especially popular, in great part because of the talented D.C. actor who played Clarence, Steve Lebens. One lawyer rushed up and after the program, grabbed my hand, and said the seminar had changed his whole perspective on practicing law as he choked back tears.

To be honest, the blow yesterday was more sentimental than anything. Dr, Fauci’s stupid Wuhan virus lockdown killed the live seminar part of my business, and it never recovered. I was paid by the head by this bar association as a matter of loyalty and courtesy, and the heads had almost completely disappeared. I used to have 100-150 lawyers in a classroom; for the last few years it’s been less than ten, with maybe 20 more online or zooming, sometimes a few more. Lawyers don’t like mandatory CLE, and the lockdown gave them an excuse to use remote technology and videos, meaning that they could be doing billable work or playing with their dogs, with no one the wiser.

Those methods don’t work pedagogically nearly as well as face-to-face training, and everybody knows it; they also do not let me do what I do better than most legal ethics teachers, which is engage and entertain while teaching. Most of my income is from expert consulting now, which I am good at but nowhere near as much fun. This association’s seminars were a loss leader for me by the end.

Still, the “we’ve decided to go in another direction” message was a bit mysterious. I was told by the CLE director that the orders came from “upstairs.” The numbers still said I was their best and most popular ethics teacher: why the new “direction”? I’ve won the bar two national awards for innovative CLE, and do the only musical ethics programs in the field with my long-time collaborator Mike Messer. What’s not to like?

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