Ethics Alarms Award Nominee

Ethics Quiz: The Low IQ Parents

/ Jack Marshall / 35 Comments

Eric Ziegler and his partner, Amy Fabbrini, have below-average IQs…well below average. His IQ is 72 and hers is 66.  After Amy delivered their son Christopher in 2013, other family members, especially Amy’s estranged father, alerted Oregon’s child welfare agency that the couple might not be fit parents. The Department of Human Services’ investigation found no signs of abuse or neglect. However,

In reports of concerns about the couple’s parenting skills, a MountainStar [a nonprofit Oregon group devoted to helping prevent child abuse] worker recalled having to prompt them to have Christopher wash his hands after using the toilet and to apply sunscreen to all of his skin rather than just his face. Fabbrini and Ziegler’s attorneys argue these weren’t sufficient reasons to keep them from their son.

Based on this, Christopher (shown above with his parents) was removed from the couple and placed in foster care, where he remains.

The couple’s  second son, Hunter, was removed by the state while Fabbrini was still in the hospital, with Oregon citing the couple’s  “limited cognitive abilities that interfere with [their] ability to safely parent the child.”

Your Ethic Alarms Ethics Quiz Of The Day…

Is Oregon’s removal of this couple’s children based solely on the parents’ low IQ scores ethical?

Continue reading →

Bravo! Professor Turley And Sir Thomas More On The Disgraceful, Dangerous, And Deranged Professionals Of “The Resistance”

/ Jack Marshall / 2 Comments

Law professor/blogger Jonathan Turley’s latest essay, “Roper’s Resolve: Critics Seek Dangerous Extensions Of Treason and Other Crimes To Prosecute The Trumps” had me at “Roper,” Turley’s direct reference to the most often posted movie clip on Ethics Alarms,* the scene above from “A Man For All Seasons.”  Turley applies the scene correctly, too, to the depressingly large mob of previously respectable and responsible lawyers, elected officials, scholars, academics, journalists and pundits who have betrayed their professions’ values and ethics to falsely tell a gullible public that the President and members of his family, campaign and administration have committed treason, espionage, conspiracy, election fraud and obstruction of justice when such accusations are not supported by law or precedent, evidence, facts or common sense. These accusations are, rather, the product of unreasoning fury and bias sparked by Donald Trump’s election as President.

Some of the individuals Turley names, like Senator Tim Kaine, Hillary’s running mate, may be just spewing political bile out of a lack of integrity. Kaine is a former prosecutor and should know better. Some, like Cornell Law School Vice Dean Jens David Ohlin, may be examples of bias making smart people stupid. MSNBC legal analyst Paul Butler, who claimed Trump was “conspiring with the U.S.’ sworn enemy to take over and subvert our democracy,” and who declared it is now “clear” that “what Donald Trump Jr. is alleged to have done is a federal crime” are, sadly, typical of how the unethical and dishonest the news media now behaves much of the time. As for my fellow legal ethicist Richard Painter, also fingered by Turley, I’m convinced from his increasingly extreme and hysterical anti-Trump analyses  that he has been driven to the edge of madness by Trump’s election. He’s not the only one.

Turley also points to former Watergate assistant special prosecutor Nick Akerman, who is just plain wrong. One cannot claim, as Ackerman does, that there is “a clear case that Donald Trump Jr. has met all the elements” of a violation of the election laws when, as Turley points out, no court has ever reached such a conclusion. That is prima facie evidence that there is no clear case.

Echoing More, Turley writes, Continue reading →

Morning Ethics Warm-Up: 7/21/17

/ Jack Marshall / 8 Comments

Good Morning!

1. There was one of those moments in a Major League Baseball game yesterday that teaches life lessons in character, and ethics for anyone who is paying attention.

The Boston Red Sox were playing the Toronto Blue Jays in an afternoon game at Fenway Park. Boston led 3-1 in the second inning, but the Red Sox pitcher,  veteran Doug Fister, was struggling with an uncharacteristic control lapse: he walked his third batter in the inning, and also had given up a couple of hard-hit balls that suggested that a gaggle of runs and a blown lead were inevitable. Then, mirabile dictu, Fister caught a break. The next Toronto batter swung mightily and lofted an easy, lazy pop-up to the infield. If there had been one out rather than two, it would have been called an automatic out under the Infield Fly Rule. Everyone, including Fister, who is fighting to preserve his spot on the Sox roster as well as his flagging career, breathed a sigh of relief. The Toronto batter slammed his bat to the ground. Settling under a pop-up not any more difficult than those he had successfully caught as a Little Leaguer was Red Sox utility man Brock Holt, a second baseman this day. He is much admired for his versatility, energy and reliability. Holt is also trying to revive his career after a frightening, season-long battle with vertigo, as well as to show the team that he can fill a yawning void at third base.

Holt dropped the ball. It bounced off his glove, as the Toronto baserunners were charging around the bases at the crack of the bat, since there were already two outs. Two of them scored, and later two more after Fister surrendered hits in te lengthened inning, making the bounty bestowed by Holt’s muff four runs. Fister was soon out of the game, and was charged with his team’s eventual two-run loss by an 8-6 score. (Today’s headline in Boston: “Doug Fister’s Future As Starter Uncertain After Loss To Jays”).

Yet Fister never shot an angry glance at Holt. He’s played the game; he knows how mistakes and random bad luck can turn everything around in an instant. He probably has dropped a similar ball in a crucial situation: I know I’ve done it, at second base, losing a company soft-ball game. Holt trotted to the dugout, got supportive pats on the back and fanny from his team mates, and played the rest of the game with his head high and his skills on display. There is no doubt that he felt terribly about the play, but Holt  didn’t hide under a rock, rend his garments, or make a big display of anger and frustration to signal to the hometown crowd—which didn’t boo or jeer him at any point in the game.

That’s life, as my father used to say, and this is how ethical people handle life. Disaster strikes out of a confluence of factors (a very bright sun undoubtedly helped Holt miss the ball, but professional ballplayers learn to cope with the sun) and all we can do, if we are competent at life as well as fair, responsible and brave, is to accept responsibility, not make excuses, and not allow such events to diminish or destroy us. Both Fister and Holt displayed the character necessary to do that. Neither blamed the other, and no one blamed them. Tomorrow is another day.

Play Ball!

2. Professional troll Ann Coulter is having a public spat with Delta Airlines that reflects badly on both of them. Continue reading →

Incompetent Elected Official Of The Month: Senator Chris Coons (D-Del)

/ Jack Marshall / 17 Comments

I find it hard to accept that Senator Chris Coons, graduate of Amherst and Yale (MA, JD) can really be an idiot. But when you go on cable news shows and utter a flat-out idiotic statement repeatedly as Coons did today, you can’t be allowed to get away with it.

The latest Donald Trump high crime (Monday it was because he’s fat) was that he dared to have a second, unpublicized, informal  meeting with Putin at the G-20. Since everything Trump does or says is a scandal, CNN and HLN were reporting this like Putin and Trump were found nude in bed together, despite the fact that nothing in the world stops the President of the United States from talking to anyone he wants to, for any reason. Never mind, Senator Coons told CNN, shaking his head somberly like Angela Lansbury would do on every episode of “Murder She Wrote” when she discovered that some old friend had offed someone. The problem, Coons said, was that  Trump didn’t bring a US translator and relied on Putin’s, which the Senator called a “basic failure in terms of national security protocol.” How so? he was asked. Coons replied that there was no way for Trump to know, without his own translator, if the Russian translator was accurately translating what Trump said and whether what Putin said was accurately translated to Trump.

Think about this for a minute, as I hope Coons did not.

First of all, Putin speaks English and understands it, by all accounts. A translator who misled Trump would be asking for a one-way trip to Siberia. So that’s extremely unlikely. Equally as unlikely would be a translator intentionally misrepresenting what Trump said to Putin, for the same reason. Trump would also not know whether a U.S. translator was interpreting accurately, though Putin would. The President allowing Putin’s translator to go it alone might be a gesture of trust to the Russian leader. Whatever it is, it’s not a scandal, and all “basic failure in terms of national security protocol” means is “that’s not the usual way we do it.”

The way they usually do it, apparently, is have someone present at all Presidential meetings who will leak what was said to the news media.

But keep crying “wolf,” Democrats, news media. I’m sure it will work for you. No, really. It’s a great strategy.

I Finally Saw “O.J.: Made In America,” And I Am Depressed

/ Jack Marshall / 42 Comments

Inspired by the upcoming parole hearing, in which double knife-murderer O.J. Simpson is expected to be paroled (and should be), I decided to watch a much-praised documentary series that I had thus far avoided.

Ezra Edelman’s “O.J.: Made in America” (not to be confused with “The People v. O.J. Simpson: American Crime Story,”the dramatic TV mini-series starring Cuba Gooding, Jr. as the fallen football great, released the same year ) is a 2016 documentary produced for ESPN Films and their 30 for 30 series. I saw it a few days ago. I’m sorry I did.

Not that the film isn’t excellent, thorough, fair and though-provoking. It is. Nor was there too much in it that surprised me. Simpson defense attorney Carl Douglas gloating over how the defense team unethically and dishonestly altered Simpson’s home to deceive the jury made me want to punch him in his smug face, but I already knew about that outrageous tactic. Seeing Mark Furmin on the stand invoking the Fifth Amendment when he was asked whether he had ever planted evidence at a crime scene made me want to gag, but it made me want to gag when I saw it live. One more time, I was convinced that the prosecution had so botched the case that there was plenty of reasonable doubt for a jury to employ to acquit O.J., just as it was obvious from the trial that he was guilty as sin. All of this I expected.

I did not expect to be so emotionally troubled and ethically disoriented by the conclusion of the film, in which one African-American after another, most of them speaking in the present day, tells the camera with various levels of offensiveness that O.J.’s acquittal was a great moment for black America, a form of redemption, pay-back for centuries of abuse and decades of  discrimination by police and the justice system, proof that the system can work for African Americans and not merely against them, a well-earned poke in the eyes of white America, sweet vengeance and retribution, and a result to be honored and cherished as victory for blacks everywhere.

A prominent minister and civil rights leader actually compares Simpson’s acquittal to Jackie Robinson breaking baseball’s color barrier. I wonder what Robinson would have thought about that comparison. Continue reading →

Morning Ethics Warm-Up: 7/19/17

/ Jack Marshall / 32 Comments

Yeah? What’s so “good” about it? HUH? Well?

1. In an article/discussion about the impact of George Romero, the zombie genre creator who died last week, New York Times film critic A.O. Scott said, and I’m not making this up,

A few years ago, when I did a Critics’ Pick video on [Romero’s “Night of the living Dead,”], I hinted that [the film’s African-American hero’s]death could be read as a prophecy of Barack Obama’s presidency: A calm and competent African-American saves the white people from their own rashness and stupidity (as well as from zombies) and is destroyed. Now, of course, the prophecy seems all the more chilling. The casual, unapologetic and ultimately self-destructive violence of white supremacy is the true and enduring horror of American life.

Wait…What?

This insulting, counter-factual, absolutely crackers statement may be an opinion, but it is so stunningly biased and warped that it should have set off ethics alarms at the Times, if any exist. If the film critic could say this in print, he says it among his colleagues. If he has said it among his colleagues and no editor, pundit or colleague has grabbed him by the lapels and said, “What the hell are you talking about, man? You better keep that crap to yourself, because it embarrasses the paper. Better yet, I think you need a vacation!”, then this strongly suggests that almost everyone at the Times is marinating in a crippling fantasy culture that makes independent, objective, trustworthy reporting and punditry impossible.

A.O.’s statement self-destructs at “calm.” Obama “saved” nobody; in fact, he either deliberately or incompetently degraded the one area of our society he was elected to improve: racial harmony and respect. How does a black character’s death (the movie’s hero is shot by authorities who assume he is a zombie) “prophecy” the fate of Barack Obama, elected President twice, cheered upon his leaving office, and immediately rewarded with historical revisionism, obscene speaking fees and a book contract? [I hate to cavil, but it really needs to be pointed out that the Duane Jones character in “Night of the Living Dead,” far from saving the white characters, gets them eaten and zombified by adamantly rejecting one obnoxious white man’s insistence that they should all just lock themselves in the basement. After all those white people the Obama-like hero  “saved” according to A.O. are ambulatory brain-eaters, he survives the zombie onslaught—by locking himself in the basement! I suppose this “prophesied” leading from behind.]

The critic’s statement is thinly veiled anti-white racism, bubbling up from the concentrated anger and Trump hysteria at the Times. White supremacy. Sure, A.O. I won’t be reading any of your reviews anymore, nor your fellow critic Jason Zinoman, who either agrees with your fanciful and hateful assessment, or didn’t have the integrity to tell you that you are paranoid and nuts on the record. Either way, he is also a fool. I don’t care what either of you think about movies, since you view them through bullshit colored  glasses.

2. I have three times now prepared to write a post about what I now call Anti-Trump porn at the Times, highlighted every week by the Sunday Times “Review Section.” Last Sunday was another one. This section’s obsession is stunning: the section is loaded with unrestrained Trump hate, ad hominem insults and hysteria and  from every perspective. I would think other Times readers would be bored, not to mention alarmed, by this monotonous vive and broadcast of bias (An unbiased newspaper would not allow one topic and one point of view to monopolize its weekly commentary section), but apparently the Times readership is insatiable.

The res ipsa loquitur feature this time was an editorial cartoon by Art Spiegelman, who is a brilliant cartoonist when at his best. Like most cartoonists of a political bent, he is all ideology and advocacy, and pretty much devoid of respect for facts and balance. Here was his comment after November 8:

“I see something similar to Hitler in that it’s gone very fast to things that seem surreal to me, like Trump supporters shooting four civilians at a polling place in California – one of them died. And there’s the slide towards uncivility, from what I read on the internet. For the first time I got to see my name with three parentheses signs around it. I don’t think it was a secret that I’m Jewish, but they were making sure that the alt-right people would know that I was Jewish. That’s just something I saw a couple of days ago. ‘Oh, I see. OK, it’s a new day.’ And at this point we don’t care about refugees’ lives. They’re not white lives. So yeah, sure, I’m worried.”

Shut up and draw, Art. Trump supporters did not shoot four civilians at a polling place in California. Middle East refugees are white. And Art must not check the internet very often, if he judges any single  excess or outrage as proof of anything. His was a statement of pure intellectual laziness, bias, bigotry and hysteria—but never mind, political cartoonists don’t have to be fair, accurate or responsible. They just have to communicate what a biased paper’s editors know even its own biased pundits couldn’t get away with, and have the defense that “it was just supposed to be funny!”  Thus here was the Spiegelman cartoon featured on page two of the Times’ Review section last Sunday: Continue reading →

Great…Now I Have To Defend ANOTHER Complete And Utter Jerk [Updated]

/ Jack Marshall / 30 Comments

University of Central Florida student Nick Lutz set out to humiliate his ex-girlfriend after she sent him a letter (above)  apologizing after their breakup, so he graded it like a school paper, and instead of keeping the exchange private and between them as a responsible, decent, fair adult would, he tweeted it to the world, where predictably, since the Twitterverse is populated by a lot of people like Nick, it went viral, with hundreds of thousands of like-minded jerks “liking” it.

Nick is, at this stage of his life, a toxic creep without properly functioning ethics alarms. However, his school had no legitimate interest in this matter. Yet it placed him on two semesters of suspension and probation as punishment for this entirely non-school related conduct. (No, the badly treated ex- is not a student.) UCF sent Nick two letters, the first stating that he may have violated the law (no, he didn’t), while the second stated that he had violated the university’s student rules of conduct regarding disruption and cyber-bullying.

Baloney. Read the rules; I did.  Even though the rules are unenforceably broad, they wouldn’t apply to his conduct: Continue reading →

Ethics Dunce: Attorney General Jeff Sessions

/ Jack Marshall / 22 Comments

There were many good reasons to oppose Jeff Sessions as President Trump’ nominee to be the next Attorney General. One, which I focused on, was that his nomination foolishly fed into the Democratic slur that Trump and the Republicans were racists. Sessions had been successfully tarred decades ago based on some racially-insensitive comments he had made, and even though tangible evidence of any racial bias was thin, it was foolish for Trump to court a controversy when there were plenty of equally or more qualified candidates. Another reason was that Sessions had been an early supporter of Trump’s candidacy for the GOP nomination, which is signature significance for stupidity, poor judgment or recklessness. Take your pick.

Now Sessions has announced, while speaking at a National District Attorneys Association conference, that the Justice Department will issue new directives to increase the federal government’s use of civil asset forfeiture, an unethical, Constitutionally dubious practice that needs to be cut back or eliminated.

“[W]e hope to issue this week a new directive on asset forfeiture—especially for drug traffickers,” Sessions said. “With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime. Adoptive forfeitures are appropriate as is sharing with our partners.”

 

Utah’s Republican Senator Mike Lee expressed alarm at Sessions’ announcement yesterday, saying in a statment, “As Justice Thomas has previously said, there are serious constitutional concerns regarding modern civil asset forfeiture practices. The Department has an obligation to consider due process constraints in crafting its civil asset forfeiture policies.” Justice Clarence Thomas’ had written in his dissent in an asset forfeiture case last month that forfeiture operations “frequently target the poor and other groups least able to defend their interests in forfeiture proceedings.” Continue reading →

Comment Of The Day: “Ethics Headline Of The Month: ‘Vatican: The Body of Christ Is Not Gluten Free”‘

/ Jack Marshall / 103 Comments

The original Ethics Alarms post, one of two this month implicitly critical of the Catholic Church, has spawned several remarkable and thoughtful discussions, as well as so many candidates for Comment of The Day that any choice among them is somewhat arbitrary. In the case of Ryan Harkins, I’m not even certain this is the best of his comments on the post, so many excellent ones did I have to choose from. Thus I urge readers to read the entire array, which, I regret to say, is impressive and educational even though it does not include my old friend Patrice, Catholic, theologian, and Church employee who has commented here frequently in the past.

I decided to pair two of Ryan’s comments, the first an overview providing context for my original post’s topic, the Church’s insistence that that the bread and wafers used in Communion include gluten. The second, a response to a series of queries from another commenter, delves into an eternal ethics debate topic, the nexus between God and ethics.

Here is Ryan Harkins’ Dual Comment of the Day on the post, Ethics Headline Of The Month: “Vatican: The Body of Christ Is Not Gluten Free”

I.

Where to begin? The challenge of trying to explain some of the odder details of the Catholic faith is that many of those details don’t make sense without the context of the faith as a whole. So please forgive me if I seem to natter on about tangential matters.

So, let’s begin with a few definitions to make discussion a little easier. A Sacrament is a visible sign, established by Jesus himself, through which God conveys grace upon mankind. A Sacrament is composed of two parts, one spiritual and one material. The reason it possess both qualities is because Sacraments are designed for us, and a human person is a body/spirit composite. We are not purely material beings, nor are we ghosts in a shell. We are not a complete person without our bodies. Now, to have a sign that is purely spiritual would neglect the physical aspect of our existence. To have a sign that is purely physical would neglect the spiritual dimension of our existence.

The Eucharist is one of the Seven Sacraments of the Catholic Church. Catholics really, truly believe Jesus was serious when he said repeatedly, “Amen, amen, I say to you, unless you eat the flesh of the Son of Man and drink his blood, you will not have eternal life.” When at the Last Supper, he blesses bread and wine and says, “Take this and eat. This is my body, given for you” and “This is the cup of my blood, which will be shed for you and for many for the forgiveness of sins”, Catholics believe that yes, Jesus truly held himself in his hands and gave himself to his apostles to consume. So the Eucharist is the Real Presence of Jesus, the fullness of his body, blood, soul, and divinity. When a priest says Mass and confects the Eucharist, Catholics believe that the bread and wine on the altar are transsubstantiated into Jesus. The accidents of bread and wine remain (so yes, consuming Jesus is problematic for anyone who has issues with the accidents of bread and wine), but the substance is entirely Jesus. The smallest drop from the chalice and the tiniest crumb of the loaf contains the fullness of Jesus.

Okay, so a Sacrament has a spiritual and a physical dimension, and the Eucharist obviously uses bread and wine for the physical dimension. Why bread and wine? In just reference to food and drink, we understand the Eucharist as a meal, and historically the greatest communal activity is the sharing together of a meal. In earliest Christianity, the Eucharistic celebration was in the context of the agape feasts, which eventually St. Paul instructed to tone down because people would become drunk and riotous at these feasts. The point, though, is that eating together is sign of communion (which is in part why the Eucharist is also called Communion). Jesus had prayed that “they may all be one, Father, as I am in you and you are in me,” and the Eucharist is the Sacrament Jesus instituted to make that possible. By consuming Jesus himself, we bring him into ourselves and are in turn incorporated into him. (You are what you eat, right?) Continue reading →

From The “Law vs Ethics” Files: PETA Chooses To Harm An Artist On Behalf Of A Monkey Who Couldn’t Care Less, And Judges Think It’s An Amusing Legal Condundrum

/ Jack Marshall / 26 Comments

“I’m baaaaack!”

When we last heard from  photographer David Slater, the U.S. Copyright Office had rejected his claim that he owned the  copyright for the famous series of selfies presumably taken unintentionally by a Celebes crested macaque.  In 2011,  Slater spent several days following and photographing a troop of macaques in Sulawesi, Indonesia, and the selfies were a lucky bi-product that quickly became a web sensation. Slater had asserted ownership over the photos, and had demanded that various on-line users, such as Wikipedia, either take them down or pay him as the copyright holder. The ruling of the Copyright Office was based on the theory that Slater had not taken the photo, so he was not the creator, and animals couldn’t own copyrights, so the photos were in the public domain.

Pop Ethics Quiz: Would it have been unethical had Slater simply released the photos without revealing that the selfies had been the lucky result of an  accident, snapped by the monkey while it was messing around with his equipment?

About the Copyright Office’s ruling: I’m dubious. Slater owned the equipment, and had the sense to preserve the photos. A decision that if a photo is taken accidentally by a non-human or an act of God, the photographer who owns the equipment gets the copyright would have been fair.  Zapruder owned the film that inadvertently caught President Kennedy having his forehead shot off, and it made him rich. Slater’s claim just goes a step further: Zapruder left the street  to buy a hotdog, put his camera on on a trash can and asked a friend to “watch it,” and a dog turned the camera on, catching the grisly scene. So Zapruder doesn’t own the film anymore? Does that make sense to you?

Well, that was the ruling anyway. Then things got really ridiculous. Slater included the monkey selfies in a book, and People for the Ethical Treatment of Animals (PETA)  brought a law suit against Slater on behalf of the monkey,which PETA claims is named Naruto, and asked that PETA be appointed to administer proceeds from the photos for the benefit of Naruto and other crested macaques in the reserve on Sulawesi. So PETA would suddenly be the de facto copyright holder. Continue reading →