From The “Bias Makes You Stupid” Files! Ethics Dunce: Legal Ethicist Steven Gillers

A depressing theme throughout the Trump years has been the corruption of various professions as members once justifiably regarded as trustworthy abandoned their ethical obligations to become “resistance” allies. The professions thus tainted include judges, scientists, doctors and health professionals, lawyers, psychiatrists, historians, teachers and professors, university administrators, and of course the worst offenders, politicians and journalists. Maybe I’ve missed a few. One more profession that has to be included on the list, I’m ashamed to say, is legal ethicists.

In a post in 2017, I discussed the disgraceful filing of a frivolous and politically motivated bar complaint against then-Trump aide Kellyanne Conway by a group of law professors, some of whom are ethics specialists, and a few of whom I knew and respected. I wrote in part,

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Daybreak Ethics Warm-Up,12/4/2020: An Ancient Judge, A Non-Binary Actor, An Idiotic Team, An Icky Teacher, And An Absurd Columnist Walk Into An Ethics Bar…

1. Political, not logical, honest or competent…Actress Ellen Page, 33, best known for her performance as the pregnant teen in “Juno,” announced this week that she was “non-binary” trans. “My pronouns are he/they and my name is Elliot. I feel lucky to be writing this. To be here. To have arrived at this place in my life,” she wrote. Immediately, Netflix began changing Ellen Page’s name to Elliot in the credits all Netflix movies and series she had participated in. Now, for example, the IMDb page for the Netflix original series “The Umbrella Academy” says Elliot Page was in the cast. This is being called an “update.” It isn’t an update. It’s a lie, and airbrushing history.

When Al Hedison starred as “The Fly” in the original horror movie, that’s who he was. Later, Al changed his name to David Hedison for some reason, and that was the actor we watched in “Voyage to the Bottom of the Sea,” Irwin Allen’s wonderfully cheesy Sixties TV sci-fi series, and as one of the many Felix Leiters in the James Bond films. They didn’t change his credit on “The Fly.” Nor do you see the name Jack Palance in the credits as the evil gunslinger in “Shane” In that film, the actor we now know as Jack was going by “Walter.” And that’s who he was…then.

Identities are not retroactive. Actress Linda Day had a substantial career in television before she met and married actor Christopher George in 1970. Thereafter, she performed under the name of Linda Day George, but no one changed her credits on the shows she had previously performed in as Linda Day, because Christoper George was barely a twinkle in her eye then. This isn’t hard. Netflix is rushing to retroactively alter history not because doing so is accurate or true, but to demonstrate that the company is “woke,” and thus supporting Page as well as trans people everywhere. It’s virtue-signaling, and a particularly dumb and misleading version of it.

Oh, I should mention that Olympic athlete Bruce Jenner was not Caitlyn Jenner when he won his Gold medals in male events. Olympic records were not changed to claim a falsehood and an impossibility.

2. “Was that wrong? Should I not have done that?” The New York Daily News reports that a Staten Island high school teacher, so far unnamed, was seen naked and masturbating during a Zoom conference this week.

Apparently he tried to invoke Rationalization #3, The Unethical Role Model: “He/She would have done the same thing,” pointing out that “Jeffrey Toobin did it!” (Kidding!)

As with Toobin, I don’t understand the thought process, if you could call it that, that could produce such conduct. I also don’t understand the various statements in the aftermath of the Staten Island incident as described in the story. It wasn’t clear if the teacher intentionally exposed himself or if the video call involved students, the Daily News noted. So what? The conduct is nuts and requires firing for cause either way. I suppose intentionally behaving like this on Zoom is a crime, or more likely, evidence of mental illness.

I also enjoyed the Captain Obvious aspect of the statement by the school:

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On Masks, I Get The Message…

face-masks-chart

The New York Times has been a primary offender in fearmongering and hyping the pandemic, while trying to bolster the efforts of power-abusing mayors and governors to make life miserable for the public in order to show they are “doing something.” Thus when the Times published this article, with the sub-head, “The accumulating research may be imperfect, and it’s still evolving, but the takeaway is simple. Right now, masks are necessary to slow the pandemic,” I assumed that I would read an unequivocal, full-throated, air-tight brief for mask-wearing.

Well, it wasn’t. In fact, there is so much equivocation and doubt in the article, which announces itself as pro-mask, that it reinforces the conclusion that the case for masks is being overstated, which is to say dishonestly reported. The takeaway is “simple” if one is inclined to blindly follow orders without good reason. I’m not.

The thing is rife with red flags. “May be imperfect” is a euphemism for “it might turn out that this is all wrong.” “It’s still evolving” is another dodge. One section of the article is headed, “Over time, recommendations on masks have changed. That’s how science works.” Wait, aren’t we always being told that challenging conventional scientific “consensus” is being a science denier? Skepticism is just a caution that what is being pronounced as the absolute answer isn’t as certain as its advocates claim. Here, the Times is saying that science being proved wrong is “how science works.” This is obviously a procrustean standard at best. “Believe what we say, because we are scientists, but when it turns out we were wrong, that just proves how trustworthy we are.”

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The Vanderbilt Female Kicker Ethics Mess

Fuller

I’m not even sure what to call the display of dishonesty and posturing that unfolded over the weekend at Vanderbilt. Disrespect for the game and intelligence of fans? Lack of integrity? Incompetence? Dishonesty? Shameless exploitation? Patronizing and insulting women? I’m not sure, but whatever it is, it was all unethical.

Let’s look at the components of this ethics mess (it’s not coherent enough or significant enough to qualify as an ethics train wreck):

1. Derek Miller, the coach of Vanderbilt’s football team, had all of his kickers turn up positive for the Wuhan virus, on game week, so allegedly in desperation, he made Vanderbilt women’s soccer goalie Sarah Fuller the first woman to play in a Power Five conference football game by handing her the job of kicker. She had never kicked a football in a game in her life.

Nobody, literally nobody, believes that there weren’t many members of the team, and maybe all of them, that would have been a better bet to rely upon than Fuller. The team was 0-7 before the game against Missouri—and 0-8 after it, by the humiliating score of 41-0—and the attempt to appeal to campus feminists and woke alumni seems like a desperation move by Coach Miller to save his job. Of course, that meant sacrificing the team’s interests for his own, which is unethical management. Whatever hismotive, it didn’t work: he was fired the next day. In his farewell statement, Miller referenced coaching and mentoring “hundreds” of young men and “one courageous female.” From Tuesday through Saturday afternoon.

2. Sure enough, the coach’s cynical use of Fuller got massive publicity, all positive. Since the team never scored or got within range of a field goal, Fuller got to kick the ball exactly once, to begin the second half. She delivered a 30 yard squibber that gave Missouri the ball on its 35 yard line. The pathetic kick went only 20 yards in the air and rolled another ten before the Missouri team saved face for her by jumping on the ball before it went out of bounds and drew a penalty.

For that performance, the SEC named Fuller the special teams “Player of the Week.” As Kamala Harris has proved, in 2020 a woman can be regarded as a standout by simply showing up. Performance doesn’t matter, just chromosomes.

3. Then Fuller revealed that she had the audacity and bad taste to lecture her team mates for a day on the right way to play football.

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Morning Ethics Warm-Up, 12/1/2020: Satchel Paige Edition

Satchel

Why Satchel Paige? The legendary Negro Leagues pitcher and member of baseball’s Hall of Fame once said, “How old would you be if you didn’t know how old you was?” Satchel wasn’t fooling: having played most of his career when blacks were blocked from the Major Leagues, Paige was still good enough at 42 to join the 1948 Cleveland Indians as a relief pitcher, and was effective enough to be contender for Rookie of the Year. Then he became the oldest pitcher to start a Major League game, shutting out the Boston Red Sox for three innings at the age of 59.

In my case, the answer to Paige’s question would be about 18, or perhaps 10. Surely not the age my arithmetic tells me, which is depressing and a little frightening. Every December first since 2009 has been a day with bad connotations: I found my father dead in his favorite chair that year, when I checked to see if he was going to have dinner with me as we had planned. This year there are two. Well, Dad soldiered on to have 19 more productive and mostly happy years after he reached my age, and he was being treated for cancer by than, and I’m not. There aren’t many ways I can top my father, but at least that’s gives me something to shoot for.

1. Wow. You don’t get to see such naked bias and hate just put out there in the media like this very often…Just think: a Washington Post editor okayed this article attacking the White House Christmas decorations and using them to excoriate Melania Trump for existing. How petty and ugly can a writer be and still get published? I guess it depends on whether or not your target is the Trumps.

The “money quote”: “[T]he defenders of Melania have always insisted on comparing her to her predecessor, Michelle Obama, and it became hard to believe that “elegant” was a code word for anything other than “White.” Melania is “elegant” because she represented a very specific kind of White femininity: silent, lovely, delicately fingering the ornaments that her staff had assembled.” The author is Monica Hesse, the Post’s gender writer. She is a biased, vicious, jerk. It is so obvious that Melania Trump could design Michelle Obama’s White House decorations and Michelle could secretly design the Trumps’, and Hesse would pronounce what she thought was Michelle’s inclusive and brilliant, and would condemn what she thought Melania created.

You know, pretty much the way her paper covered the Obama and Trump administrations.

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Comment Of The Day: “The Pandemic Creates A Classic And Difficult Ethics Conflict, But The Resolution Is Clear, Part II: The Amazing Vanishing Johns Hopkins Study”

Coronavirus_H

If Ethics Alarms has ever had more useful, substantive and valuable Comment of the Day than what Rich in Ct submitted in response to “The Pandemic Creates A Classic And Difficult Ethics Conflict, But The Resolution Is Clear, Part II: The Amazing Vanishing Johns Hopkins Study,” I can’t recall it. I’m going to dispense with my usual introductory remarks to let Rich take over. From here on it’s all him.

***

So I watched Dr. Briand’s webinar; it’s only 40 minutes if anyone else wishes to. (Disclaimer, I am not a medical nor public health professional, but neither is Dr. Briand).

I am not convinced by her analysis. I checked her original data sources, and found serious issues. Dr. Briand states that there is no evidence in the data that COVID is causing “excessive deaths”, but a chart I developed from the same data shows hundreds of thousands more deaths in 2020 compared to prior years. While COVID may not be the immediate cause of all these deaths, it appears to be a significant contributing factor.

The first chart in the PDF of the article about her work shows that the relative ages of people who died are consistent week to week from before and through the pandemic. I don’t take any issue with that conclusion. She states in the webinar there is an average of roughly 60K deaths week-to-week; this average seems reasonable.

However, this chart is misleading; while the percentage week-to-week is not changing, the total numbers of deaths do change considerably week-to-week, as I will show in a chart of my own developed from the same data.

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Rainy Monday Ethics, 11/30/2020: Statues, Dogs And Lies

Also getting me down, Karen Carpenter songs. As with great movies with O.J. Simpson or Gig Young in them, these are hard to enjoy now, at least for me. One of the most lovely natural voices in pop music history was silenced by the pernicious disease of anorexia, exacerbated by, among others, her brother, her family, and music industry executives, who made Carpenter so self-conscious about her weight and appearance that she slowly starved herself to death before her 33rd birthday. I wish I could hear her sing—and I will do that a lot in the days approaching Christmas—without thinking about that, but I can’t.

1. Proposition: any nation’s historical figures who had the impact on those nations that Margaret Thatcher did in Great Britain over a significant period of time deserve to be memorialized with statues, absent some cataclysmic disqualifying act, like Richard Nixon’s Watergate scandal. Even in Nixon’s case, I would support a public memorial to such a historically influential figure.

In the English town of Grantham, where Thatcher grew up, an 11-foot pedestal awaits the arrival next year of a large statue of “the Iron Lady.” Apparently many in Britain, and a large proportion of Gratham’s working class residents, disapprove of Thatcher’s conservative politics and policies, and thus oppose the statue, which will be in immediate danger of toppling the minute it is erected.

Morons. One doesn’t have to personally agree with a historical figure’s position or even admire her to appreciate the impact that figure had. The criteria for memorializing prominent citizens should center on whether future generations need to know who they were and what they did, not whether their achievements and conduct are approved of according to often fleeting political, social and cultural values. Charles Moore, who wrote an authorized biography of Mrs. Thatcher, says, “It’s obvious there should be statues to Britain’s first woman prime minister. But…but…George Floyd! The New York Times’ article on the controversy says that statue toppling has become a world-wide phenomenon since the death of George Floyd. Now that makes sense: one of Great Britain’s most successful and important leaders should be robbed of her legitimate honors because a rogue cop accidentally contributed to the death of a black criminal in Minnesota.

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KABOOM! The Fake U.S. Wuhan Virus Statistics

Apparently the statistics we have been hammered over the head with for months, that have been used to frighten American, close schools, and manipulate Presidential elections, are pure, unadulterated kaka, and, more amazing still, health professionals have known this all along.

KABOOM!

Here is a quote casually thrown into an October Newsweek article about Joe Biden’s attempts to argue the President Trump’s policies have killed people (the bolding is mine):

Biden’s claim doesn’t acknowledge that the U.S. counts coronavirus deaths differently from other countries. Indeed, we are counting deaths differently than we have for any other disease. “The case definition is very simplistic,” Dr. Ngozi Ezike, director of Illinois Department of Public Health, explains. “It means, at the time of death, it was a COVID positive diagnosis. That means, that if you were in hospice and had already been given a few weeks to live, and then you also were found to have COVID, that would be counted as a COVID death. It means, technically even if you died of [a] clear alternative cause, but you had COVID at the same time, it’s still listed as a COVID death.”

Believe it or not, it gets worse. I, and many others, have long suspected that the Wuhan virus death totals were inflated this way, for reasons ranging to incompetence and laziness to greed and a deliberate intention to deceive the public. But here was the next brain-bomb (again, the emphasis is mine):

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Sunday Ethics Insomnia, 11/29/2020: No Wonder I Can’t Sleep!

1. I hate 99.9% of the petitions offered at Change.org. but I’m signing this one . It reads,

Professor Dorian Abbot, a tenured faculty member in the Department of Geophysical Sciences at the University of Chicago, has recently come under attack from students and postdocs for a series of videos he posted to YouTube expressing his reservations about the way Diversity, Equity, and Inclusion (DEI) efforts have been discussed and implemented on campus.
In these videos Prof. Abbot raised several misgivings about DEI efforts and expressed concern that a climate of fear is “making it extremely difficult for people with dissenting viewpoints to voice their opinions.” The slides for each of Prof. Abbot’s videos can be found here, and his own account of events and his opinions can be found here. Nowhere in these materials does Prof. Abbot offer any opinion that a reasonable observer would consider to be hateful or otherwise offensive.

Shortly after uploading the videos, Abbot’s concerns were confirmed when 58 students and postdocs of the Department of Geophysical Sciences, and 71 other graduate students and postdocs from other University of Chicago departments, posted a letter containing the claim that Prof. Abbot’s opinions “threaten the safety and belonging of all underrepresented groups within the [Geophysical Sciences] department” and “represent an aggressive act” towards research and teaching communities.

[Pointer: Pennagain]

2. “Hello, Newman...” According to the Postal Service’s own records, more than 150,000 mail-in ballots were not delivered in time for them to be counted on election day. This is, of course, as I and anyone else who was paying attention expected and predicted, because the USPS is undependable

I am surprised that the number was that low.

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Post-Thanksgiving Ethics Indigestion,11/26/2020: A Whole Lot Of Shaky Ethics Performances Going On

1. AstraZeneca! In Jurassic Park’s control center, as the first tour of the park begins having technical glitches, creator John Hammond turns with contempt to tech guru Dennis Nedry (Wayne Knight, aka “Newman”) and spits, “Our life is in your hands and you have butterfingers?” That was the first thing that jumped into my head when I read this:

The announcement this week that a cheap, easy-to-make coronavirus vaccine appeared to be up to 90 percent effective was greeted with jubilation. “Get yourself a vaccaccino,” a British tabloid celebrated, noting that the vaccine, developed by AstraZeneca and the University of Oxford, costs less than a cup of coffee.

But since unveiling the preliminary results, AstraZeneca has acknowledged a key mistake in the vaccine dosage received by some study participants, adding to questions about whether the vaccine’s apparently spectacular efficacy will hold up under additional testing.

Scientists and industry experts said the error and a series of other irregularities and omissions in the way AstraZeneca initially disclosed the data have eroded their confidence in the reliability of the results.

Competence. Diligence. Responsibility. The duty of care. Trustworthiness.

2. Butterfingers II: The case of the premature obituaries. Radio France Internationale (RFI) mistakenly published online the obituaries of about 100 public figures who were and are still alive.Among those declared dead were Queen Elizabeth II, Clint Eastwood, Jimmy Carter, Yoko Ono, Sophia Loren and Brigitte Bardot. Google and Yahoo then picked up the fake news, which was, of course, spread on social media.

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