Ethics Alarms Award Nominee

Statue Ethics Stand-Off: “Charging Bull” vs. “Fearless Girl”

/ Jack Marshall / 52 Comments

The Wall Street art ethics controversy pitting a nearly 30-year-old sculpture of an angry bull against the upstart statue of a defiant little girl has fascinating cultural implications. The ethical solution to the confrontation are simple and undeniable, however, though the legal issues a bit less so. “Fearless Girl” has got to go.

Arturo Di Modica created “Charging Bull” in response to stock market travails during the late 1980s. The three-and-a-half-ton sculpture was placed near Wall Street in the dead of night,  and was embraced by the financial ditrict and New Yorkers as iconic public art. The artist copyrighted and trademarked his work, which he has said was meant to symbolize “freedom in the world, peace, strength, power and love.”

I don’t get the love part, but okay: the point is that the bull is a positive metaphor, not a sinister one.

The “Fearless Girl” statue was positioned this year, the night before International Women’s Day, in a direct stand-off with the bull. It had been commissioned by State Street Global Advisors, a financial firm based in Boston, as a public relations and advertising move and classic virtue signalling. State Street Global’s home page trumpets the new statue’s message of “the power of women in leadership” and uses it to urge “greater gender diversity on corporate boards.” The metal girl’s  cynical and self-serving origins don’t seem to bother the work’s fans though.

The problem is that the message of “Fearless Girl” requires the participation of the bull to make any sense and to have any power at all. Otherwise, it might as well be Pippi Longstocking.  In essence, the new statue appropriates Di Modica’s work, and violently alters it. The artist is a furious as a charging bull that what he intended as a symbol of capitalist power and national vigor has been transformed into a sexist representation of male domination. Di Modica and his lawyers demand that the statue be moved away from its bull-baiting position, arguing that State Street Global commissioned “Fearless Girl” as a site-specific work conceived with “Charging Bull” in mind. It thus illegally commercialized  Di Modica’s statue in violation of the artist’s intent and copyright. They also claim that the city  violated the artist’s  legal rights by issuing permits allowing the four-foot-tall tyke to face off with the bronze bull without the artist’s permission. Letters to the Mayor DiBlasio, Ronald P. O’Hanley, the president and chief executive of State Street Global; and Harris Diamond, the chairman and chief executive of McCann Worldgroup, State Street Global’s marketing agency demand the removal of “Fearless Girl” forthwith.

Ethically, “Fearless Girl” doesn’t have a leg to stand on. Continue reading →

Dear Madison Ave: As Long As TV Commercials Keep Getting More Gratuitously Vulgar, Ethics Alarms Will Keep Objecting To Them. I’m Sure You Are Trembling In Fear.

/ Jack Marshall / 39 Comments

It is tragically clear now that Madison Avenue has decided there is a cultural consensus that it is incredibly funny to imply vulgar words and make sexual allusions in TV commercials. Objections to this as juvenile, culturally degrading and gratuitous from this quarter have no effect, accept to attract the usual “lighten up” comments from applauding vulgarians. Well, I don’t care. Ethics Alarms will keep pointing out what wrong anyway. You want a President who boasts about the size of his penis during a debate? THIS is how you get a President who boasts about the size of his penis during a debate. You want a President who uses  a menstrual reference to  attack a female journalist? This is how you get that too.

The only satisfaction, I suppose, is the same uncivil vulgarians who most object to the results of this cultural pollution are also the ones sending the “lighten up” comments.

Since August of last year, the Kraft Heinz Company’s newest frozen meals brand, Devour, has been advertising its products with a TV ad in which a boss catches  his employee becoming sexually aroused by his lunch,  to  which he applies a sexy spank with his fork. The ad’s tagline: “Food You Want to Fork.”

Nice.

Kraft says the ad is aimed at men aged 25-35, so I guess that’s okay then. Everyone knows that demographic is made up of assholes—is that the theory?—and the best way to please them is to make the kind of juvenile sexual innuendo that we had in naughty songs like “Shaving Cream” about when I was 12. It’s so hilarious when people use a word that sounds like a dirty word in a context where it is obviously intentional, but don’t really say the word, because, see, its, like, not polite.  Got it. My sides are splitting. Continue reading →

Comment Of The Day (2): “A Definitive Tome About Pit Bulls, Which The Breed Bigots Will Ignore, Naturally”

/ Jack Marshall / 9 Comments

No, this isn’t my sister’s Havanese, but you get the idea…

“There are two kinds of people…” and one of the most undeniable ways to finish this much-worn sentence is “those who understand dogs and those who don’t.” To understand them is to marvel at them, cherish them, and love them. Not to understand them, as an astounding number of humans do, is to live in ignorance and fear, and to miss out on one of the mystical joys of life: bonding with an animal.

I never fully appreciated this until my younger sister under went a rare midlife conversion, changing sides from the canine-phobic to the dog-allied.  Divorced, she was faced with an empty nest, and though she had always emulated my mother, who had nothing but contempt for dogs (cats too), decided that she could not bear returning to a house with no one to express joy that she had returned.

My wife, who had witnessed  my sister’s callous treatment of our dogs, who were greatly insulted, was dubious, and was certain her new companion, an abusrdly cute, cheerful, silly, dumb as a brick Havanese named “Elphie,” would be neglected. She has never been happier to be wrong.

My sister’s entire attitude has changed, not merely toward dogs, but toward the whole of humanity and the world. She is happier, friendlier, more resilient and less anxious. She has fearlessly assisted a huge lost wolf hybrid; she has guided a wandering Great Dane home; she lets pit bulls leap up to lick her. Now she complains that she missed so many years of interaction with what she has learned are fascinating, empathetic, loving creatures with individual personalities and the ability to surprise and delight every single day.

I thought of my sister as I read Lisa Weber’s Comment of the Day on the most recent Ethics Alarms post about the other side. Here it is:

A dog’s heart is cooperation over competition. Here in SoCal the shelters are full of Pitties and Chi’s and their mixes. I blame greedy ignorant breeders, a throw away society that thinks nothing of getting rid of dogs that become an inconvenience, and a lazy society that won’t put the effort and time into researching before acquiring, socializing and training….but still wants a puppy over an adult dog…

I sit at my desk, typing this listening to the soft snores of the dogs at my feet. All 16 of them. Yesterday there were 17. I had to help one old fellow shuffle off the mortal coil yesterday. Some asshole dumped him and his elderly lady friend at the shelter, claiming they “found them running stray”. Because they were “stray” the shelter by law had to hold them 5 days for their owner to reclaim them, which never happened. See in our state, it costs $80 to surrender your dog, but to drop off a stray is free. Hence we get a lot of strays that certainly weren’t stray.

The little old pug dogs, Monty and Matilda, sat on the cold, cement floor of a kennel terrified for 5 days before I could be allowed to get them. By then they both had caught kennel cough and an intestinal bug. Matilda has a collapsing trachea, and her kennel cough quickly turned to pneumonia. I had to put her in my ICU cage on oxygen twice to save her life. She is recovering now, but still doesn’t want to eat much. Her boyfriend Monty had bizarrely abnormal x-rays and an ultrasound revealed a huge tumor on his liver which was displacing his other organs. I had him just two weeks before having to let him go. At least he died warm and loved with gentle hands and the tears of someone who loved him on his coat instead of on the cold cement with a heart stick. That is how he would have died if I didn’t intervene. Both of them little old balls of furry love. How can humans fail their oldest companions so completely?

Continue reading →

More Ethics Observations On The United Flight 3411 Ethics Train Wreck

/ Jack Marshall / 39 Comments

Yes, Ethics Alarms was able to find a photo of an actual plane-train wreck.

Observation 1.

This was all due to moral luck

If  four passengers had taken the United offer to surrender their seats, or if the passenger selected by the agent had complied, grumbling quietly, we would neither know about this horrific episode nor would anyone be talking about it. Yet the United employees would still have lied, and would still have abused United customers. They just didn’t get away with it, that’s all. They were unlucky.

Good.

Observation II

NOW passengers are informed.

Fine print is technical disclosure, but especially in the era of electronic ticketing, not actual or ethical disclosure. Before this episode, most flyers didn’t know what they had agreed to regarding overbooking, nor were they even aware that there was such a thing as “involuntary bumping” A lot more are aware now. From travel site One Mile At A Time:

When an airline knows that a flight is likely to be oversold, they’re required to solicit volunteers. Sometimes airlines will ask at check-in, and other times they’ll ask at the gate. When it comes to a voluntary denied boarding there are no regulations as to what you get….

When airlines can’t find volunteers and still have more passengers than seats, they need to involuntarily deny people boarding. Every airline has a clause in their contract of carriage allowing them to do this. Furthermore, airlines all have procedures they use for determining who gets bumped. Some airlines bump the people who don’t have seat assignments. Other airlines decide based on who checked in last. Others decide based on status and the booking class you have.

Do note that the number of passengers being involuntarily denied boarding was at a 20 year low in 2016. Out of roughly 660 million passengers last year, only 40,000 were involuntarily denied boarding, which is roughly 0.6 involuntary denied boardings per 10,000 seats.

If you’re involuntarily denied boarding, the Department of Transportation regulates what you’re entitled to. Here are the rules, as published by the DOT:

  • If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
  • If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to 200% of your one-way fare to your final destination that day, with a $675 maximum.
  • If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (400% of your one-way fare, $1350 maximum).
  • If your ticket does not show a fare (for example, a frequent-flyer award ticket or a ticket issued by a consolidator), your denied boarding compensation is based on the lowest cash, check or credit card payment charged for a ticket in the same class of service (e.g., coach, first class) on that flight.
  • You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an “involuntary refund” for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.
  • If you paid for optional services on your original flight (e.g., seat selection, checked baggage) and you did not receive those services on your substitute flight or were required to pay a second time, the airline that bumped you must refund those payments to you.

As you can see, in many cases you’re entitled to a sizable cash payment, up to $1,350. However, here’s the dirty secret of the airlines. In a vast majority of cases they’ll only offer cash compensation if you specifically ask for it. Otherwise they’ll offer you the same voucher they gave anyone who was voluntarily denied boarding.

Note, however, that none of this involves taking people who have already been seated off of the plane. That’s because bumping doesn’t work that way, and also because the United flight in question wasn’t overbooked, as discussed below. Continue reading →

Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports

/ Jack Marshall / 18 Comments

News item (April 5, 2017):

The U.S. women’s soccer players’ union and the sport’s governing body have agreed to a five-year collective bargaining agreement, improving standards for the national team and pro league and ensuring labor harmony through the next World Cup and Olympics.

In a joint statement, the U.S. Women’s National Team Players Association and U.S. Soccer Federation said they have “ratified a new collective bargaining agreement which will continue to build the women’s program in the U.S., grow the game of soccer worldwide and improve the professional lives of players on and off the field. We are proud of the hard work and commitment to thoughtful dialogue reflected through this process, and look forward to strengthening our partnership moving forward.”

The sides had been operating under the terms of the previous deal, which expired Dec. 31. In recent years, the players have raised issues about compensation and working conditions compared to their male counterparts, casting a shadow over the efforts of the most successful women’s team in soccer history and pitting the federation against wildly popular athletes, such as Carli Lloyd and Alex Morgan.

In March 2016, the players  filed a federal complaint with the Equal Employment Opportunity Commission, charging the USSF with wage discrimination. The case remains active.

Now this, from a day before:

In preparation for two upcoming friendlies against Russia, the U.S. women’s national team played the FC Dallas U-15 boys academy team on Sunday and fell 5-2, according to FC Dallas’ official website. This friendly came as the U.S. looked to tune up before taking on Russia on Thursday night in a friendly.

Ethics musings:

1.  CBS immediately provides cover, writing,

“Of course, this match against the academy team was very informal and should not be a major cause for alarm. The U.S. surely wasn’t going all out, with the main goal being to get some minutes on the pitch, build chemistry when it comes to moving the ball around, improve defensive shape and get ready for Russia.”

No, there’s no cause for alarm, because maybe the Russian women’s team would lose to amateur teenage boys too. But the women have loudly and indignantly insisted that they should be compensated at the same rate as the men’s soccer team. On what basis? If it is that the women’s team makes as much money as the men’s team (it doesn’t), OK, that’s a valid point. If it is that their skill, performance and level of play require equal pay, I think it is clear that facts and reality are not on their side. Continue reading →

More On United’s “Ethics Plane Wreck”

/ Jack Marshall / 36 Comments

Ethics Alarms reader Arthur in Maine correctly declared that yesterdays’ multi-stage fiasco involving United Air Lines, an abused passenger and the police would be the first Ethics Alarms “ethics plane wreck.” He was correct.

Now we learn that the entire mess was based on a lie: this was no boating accid….sorry…the flight was not “overbooked.” United just decided at the last minute to fly a flight crew to Louisville, so it bumped four passengers against their will and lied, saying that the flight was overbooked. In addition to the policy-defying employees, and the brutal police, passengers on the United Flight 3411 Ethics Plane Wreck, which has spare seats aplenty, include

Recent passengers:

1. The United staff responsible for the fiasco added to their ethics foul with this official summary of the incident, cited by the United CEO:

Summary of Flight 3411

. On Sunday, April 9, after United Express Flight 3411 was fully boarded, United’s gate agents were approached by crewmembers that were told they needed to board the flight.

. We sought volunteers and then followed our involuntary denial of boarding process (including offering up to $1,000 in compensation) and when we approached one of these passengers to explain apologetically that he was being denied boarding, he raised his voice and refused to comply with crew member instructions.

. He was approached a few more times after that in order to gain his compliance to come off the aircraft, and each time he refused and became more and more disruptive and belligerent.

. Our agents were left with no choice but to call Chicago Aviation Security Officers to assist in removing the customer from the flight. He repeatedly declined to leave.

. Chicago Aviation Security Officers were unable to gain his cooperation and physically removed him from the flight as he continued to resist – running back onto the aircraft in defiance of both our crew and security officials.

Verdict: Dishonest, self-serving and misleading: Continue reading →

KABOOM! United Air Lines. Unethical. Incompetent. Stupid. Insane. Unforgiveable. [UPDATED]

/ Jack Marshall / 121 Comments

Just read this, which goes with the video.

Quick summary: a United flight supervisor came on board a sold-out flight and demanded that four seated passengers leave the plane  so four United employees could take their seats. Four passengers were chosen at random, and one, an older man, refused. Police were called and he was beaten and forced off the plane.

Really.

It’s hard to type with all these brains from my head explosion on the keyboard, but…

1.  No business that treats customers like this deserves to stay in business.

2. Any solution would have been better. Anything. Charter a flight for the United employees. Pay 10,000 bucks per passenger as incentive. Offer a lifetime ticket. That the united employees couldn’t come up with a less abusive and disrupting solution shows terrible training, terrible judgment, and a terrible corporate culture.

3. I am stunned that no passenger, when the older man who refused to go began to be abused by the police, stepped forward to take his place. I would think that would be an obvious response. Can we all pledge here and now that before someone is dragged screaming of a flight we are on, we’ll step forward and give up our seats?

4. I have to travel a lot for my business, but I will move heaven and earth not to have anything to do with United.

5. The carrier should pay dearly for this.  It is inexcusable.

More accounts: New York Times, Hot Air, Vox, NPR, FOX6Now.com, The Gateway Pundit, neo-neocon, Boing Boing, View from the Wing, Raw Story, Fox News Insider, CBS Chicago, , Guns & Money, The Federalist, IJR, FOX31 Denver, AOL, Instapundit, Axios, Eschaton , Mediaite, The Ring of Fire Network, View from the Wing, BGR, Mashable, CBS Pittsburgh, The Daily Caller and Outside the Beltway

And this, from Hit and Run at Reason:

While United’s customer service policies in this case are clearly heinous and absurd, let’s not forget to also cast blame on the police officers who actually committed the brutality on United’s behalf. NPR reports that the cops attacking the man “appear to be wearing the uniforms of Chicago aviation police.”

While there may be something to be said for the ability for private businesses to summon the help of the police to remove people from their premises if they refuse to leave peacefully and their presence is unwanted, there is no excuse for the police to cooperate when the reason their presence is unwanted is not “causing a disturbance” or being violent or threatening to other customers, or stealing goods or services, or doing anything wrong at all, but rather wanting to peacefully use the service they legitimately paid for.

Shame on both United for calling the cops on a passenger to make the lives of their employees and business easier, and shame on the police for having any part of it.

[UPDATE: According to A.P., others may agree with the above; “Chicago aviation department says officer involved in dragging man off United flight placed on leave,” A.P. tweets.]

 

Ethics Note To Bill Maher: Be Funny Or Be Accurate, Otherwise You’re Just Being A Divisive Asshole

/ Jack Marshall / 46 Comments

Stop! Stop! You’re killing me!

I used to watch Bill Maher regularly during his Comedy Central days, before he decided he was such an insightful political pundit that he could afford to eschew comedy and just engage in full-time conservative and Republican smearing. On his HBO show Bill is only useful now to remind us of the ugliest tendencies of the Young Angry Left, as Maher will engage in such “comedy” as calling Sarah Palin a cunt, while his audience of fawning dim bulbs clap and bark like hyper-active seals. All Maher does is try to fan the flames of societal division and hate, and HBO is apparently satisfied with that, since there are enough progressive fans of societal division and hate that being funny isn’t deemed essential.  Maher’s weekly partyist ranting has even spawned imitators on other networks, like Samantha Bee and John Oliver. Both are funnier than Bill.

Still, millions of people see this poison and spread it around the internet, so I guess it’s past time to point out how Maher is either ignorant or determined to spread stupidity via confirmation bias. We can stipulate that he’s no longer funny, and seldom even attempts to be.

At the end of last week the latest episode of “Bill Foams At the Mouth” debuted, with the confirmation of Neil Gorsuch the primary object of Bill’s wrath, I mean “wit.”  He began with his monologue.

If anyone senses a joke, raise your hand.

“I don’t know why you’d be happy today. Today is a day Republicans are happy. They got their two favorite things — a right-wing asshole on the Supreme Court and Trump finally blowing some shit up.”

Please note:

  • Bill assumes that only one side of the political divide watches him. He’s right, but it’s not healthy for the culture, and he’s one of the reasons comedy and the arts now divide rather than unite us.
  • Maher calls a dedicated jurist and legal scholar an “asshole” simply because he’s conservative. This is bigotry. Denigrating, stereotyping and demonizing whole categories of people based on their priority of values is no different ethically from denigrating them based on their religion or ethnicity. It’s unfair, disrespectful, irresponsible and undemocratic.
  • Did you raise your hand? Maher, a professional comedian, gets laughs by using words like shit, asshole, and cunt. There was a guy I knew named Larry who did that quite successfully too.

Of course, we were in the 5th grade…

Then Maher, as usual, moved on to calling Republicans racists.

In 2013, 98 Republicans signed a letter saying bombing Syria in response to a chemical attack was unconstitutional without congressional authorization. But this is different because Obama was President then. That would have involved bombing while black, and you can’t — can’t do that.

In the wake of the embarrassment and the exposure of President Obama by President Trump’s decisive handling of an issue that his predecessor made into a trademark display of his weakness, fecklessness  and dithering, the desperate Obama Fan Club has virtually made Maher’s spin a talking point. Almost all media accounts bolstering their narrative leave out the actual sequence of events, which was… Continue reading →

A Facebook Case Study In How People Cripple Their Ability, And Ours, To Make Ethical Distinctions

/ Jack Marshall / 40 Comments

I inadvertently stumbled over a provocative Facebook post by a friend of a friend of a friend. My friend is a principled and intelligent liberal: apparently I stumbled on to a chain where each link was a little more detached from reality and reason.

The stranger’s post involved the story from two weeks ago, in the aftermath of the collapse of a crucial  highway bridge in Atlanta. Investigators found the the collapse was caused by a fire.There were no deaths or injuries caused by the fire and the explosion it sparked , but i  severed the vital roadway that runs north-south through downtown Atlanta and carries 250,000 vehicles daily, City Fire Department investigators arrested three homeless people on suspicion of involvement in the fire. Eventually only one was charged:  Basil Eleby, a homeless man, was arraigned on charges of first-degree arson and criminal damage to property. He had many previous drug and assault arrests, according to Fulton County jail records.

To this my friend’s friend’s friend—his name doesn’t matter—responded,

Three people are now under arrest for the fire that led to the freeway collapse in Atlanta – 3 homeless people. I predicted this. But rather than seek out revenge on these 3 for the tremendous inconvenience they’ve caused, can we take a moment to realize that no person reading this has ever known the reality of sleeping under a bridge. None of us have been compelled to light a fire under that same bridge in order to keep our bodies warm.

And can we please have a conversation about funding mental health for the homeless? And can we please have a conversation, not based in shame, not based in revenge, about getting homeless people off the street?

Yes, these 3 folks have done something that has inconvenienced many people. Lighting that fire is something they have probably done countless times before. Can we take this as an opportunity to deal with the real problem? It gives me no satisfaction that the person charged with the worst of this situation will have his homelessness solved by a jail sentence.

Now, I’m sure this individual is a really kind, compassionate individual. I’m also sure he’s the kind of person who is always saying things like “Why is anyone going hungry in the richest country in the world?” to the vigorous head-nodding of his friends, and his friends’ friends. (I am willing to bet money that he was a passionate Bernie Sanders supporter; probably Occupy Wall Street too.) This kind of statement, however, is policy and ethics static. It literally makes people stupid, and leads them away from useful, objective, dispassionate analysis, not towards it.  It is an irresponsible Facebook post.

Of course, it is also flagrant virtue-signalling and grandstanding. Now everyone knows that this guy is oh so compassionate and such a good Christian, who rejects revenge, and wants us to apply the Golden Rule to the poor and the weak. Applause, please. Yes, you’re a wonderful human being. Unfortunately, thinking like this impedes policy solutions to problems, by simplifying them and dumbing them down into their most emotionally distracting components, while pretending that hard truths don’t exist. Continue reading →

Ethics Jump-Ball At The 7-11

/ Jack Marshall / 16 Comments

Boy, you better be quick if you want to be “pay it forward” in Alexandria, Virginia.

Today I dropped by the local 7-11 for a quick purchase and was third in a line of four. Being served was a very tall—basketball player tall—, very striking young African American man, late 20s, early 30s,  in a three- piece suit and tie. He had his items on the counter for checkout, and excused himself briefly to go out to his car where he said he had left his wallet. A few seconds later he stepped back into the store and said, “Never mind. I’m sorry, I left my wallet at home,” and started to leave. I hesitated maybe two seconds and started to speak, as did the man ahead of me. I was about to say that I would pay for his items, but the guy behind me, short, stocky, white, about 50, and noticeably missing a few teeth in front, stepped out and said, “Hey, man, I’ve got it.”

The young man looked surprised and said, “Are you sure?” “Of course. Is that it?” replied the older man, pointing to the counter.

“Just pay it forward, friend,” said the man in front of me.

“Thank you,” said the Kareem Abdul Jabbar look-alike.  I really did think he looked like Kareem, early 70’s vintage, but handsomer. He also appeared a lot more affluent than his shorter benefactor. “Here’s my contact information…” and he reached into his pocket.

“No, no, come on, that’s not necessary,” said his new friend,, flashing his missing teeth in a big smile. “I’ve got it. We’re all in this together.” And he paid the clerk.

The tall black man shook his hand, and they both held the clasp for a few second. “Thanks so much,” he said.

After he left, both I and the man in front of me congratulated the winner of this ethics jump ball, saying that we both were about to do the same thing, but he had been quicker.

“Oh no!” he said suddenly, eyes twinkling. “I just spent my last dollar! Now I can’t pay for MY stuff!”

“See? I’d really have you both then, wouldn’t I?”

And we all laughed.