Ethics Dunces

The Scourge Of Technologically Ignorant Judges

/ Jack Marshall / 7 Comments

The American Bar Association and most state bars have added an ethical requirement for lawyers to be competent and knowledgeable regarding relevant technology. In 2012, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology . . . .” Since then, at least twenty-seven states have officially adopted Comment 8 or some version of it as part of their rules of professional conduct. It’s still a long slog; many lawyers, far too many, are limited to email and Google searches, and often aren’t sufficiently adept at either.  There should be such a requirement in every jurisdiction, and the ABA language is far too vague and lenient.

Judges, however, often make lawyers look like  cyber-whizzes. Here’s a ridiculous example from Franklin Country in Washington, where superior court judges disagreed with their clerk about transitioning from paper to electronic files.  The clerk “deemed it unnecessary” to incur the expense of maintaining duplicate paper files after a paperless filing system was implemented . The judges declared an emergency (!) and issued an order directing clerks to keep paper files. One gutsy, probably soon to be unemployed clerk refused. The judges then appointed a special prosecutor to pursue civil claims against the clerk. Continue reading →

Saturday Ethics Warm-Up, 9/7/2019: Trump’s Obsession, Joe’s Hands, And University Ethics Stumbles

/ Jack Marshall / 20 Comments

Good morning!

September has always been my favorite month at the beach….not that I’m at one. But I can dream…

1. Dumbest Ethics Train Wreck of the Year. Incredibly, people are still arguing over whether the President “lied” about Alabama being at risk from Hurricane Dorian, and the news media is still writing about it as if it mattered. I wish I had the time to make a list of all the real news stories with actual impact on the nation that the mainstream news media has buried or ignored in recent years to contrast with this nonsense. Of course, the President is also at fault, since he is incapable of letting stuff like this go, as, say, a well-adjusted adult and responsible leader would. The latest (from the AP);

…The National Oceanic and Atmospheric Administration issued a statement from an unidentified spokesman stating that information provided by NOAA and the National Hurricane Center to the president had demonstrated that “tropical-storm-force winds from Hurricane Dorian could impact Alabama.” The advisories were dated from last Wednesday, Aug. 28, through Monday, the statement read.

Friday’s statement also said the Birmingham NWS tweet Sunday morning “spoke in absolute terms that were inconsistent with probabilities from the best forecast products available at the time.”

The statement from NOAA contrasts with comments the agency’s spokesman, Chris Vaccaro, made Sunday. “The current forecast path of Dorian does not include Alabama,” Vaccaro said at the time.

Friday’s NOAA statement, released just before 5 p.m., points to a few graphics issued by the National Hurricane Center to support Trump’s claims. The maps show percentage possibility of tropical storm force winds in the United States. Parts of Alabama were covered, usually with 5% to 10% chances, between Aug. 27 and Sept. 3. Maps on Aug. 30 grew to cover far more of Alabama, but for only 12 hours, and the highest percentage hit 20% to 30% before quickly shrinking back down.

Alabama was not mentioned in any of the 75 forecast advisories the hurricane center sent out between Aug. 27 and Sept. 2. From Aug 28 to Aug. 31, a handful of locations in Alabama were mentioned in charts that listed percentage chance of tropical storm force winds or hurricane winds, maxing out at about 7 percent chance for Whiting Field to get tropical storm force winds.

Former National Hurricane Center Director Bill Read blasted NOAA leadership Friday night on his Facebook page calling the situation “so disappointing” and saying he would comment because NOAA employees were ordered to be quiet.

“Either NOAA Leadership truly agrees with what they posted or they were ordered to do it. If it is the former, the statement shows a lack of understanding of how to use probabilistic forecasts in conjunction with other forecast information. Embarrassing. If it is the latter, the statement shows a lack of courage on their part by not supporting the people in the field who are actually doing the work. Heartbreaking,” Read wrote.

Takeaways: This is only news because 1) so many people will grab on to anything if it will allow them to denigrate the President and 2) the President acts the way he does.

2. Least shocking ethics story of the week: Campaigning in Cedar Rapids, Joe Biden grabbed pre-school teacher Jessica Roman’s  hands and held them while he double-talked around her  question about his plans to help unionized teachers deal with Iowa’s collective bargaining laws. She later told the news media that his physical contact was “unwelcome”: Continue reading →

From The Ethics Alarms Archives: “Portrait Of An Ethics Train Wreck: The Race-Baiting ESPN Commentator”

/ Jack Marshall / 2 Comments

Checking what I had written previously about the despicable race-baiting journalist Jemele Hill (who has authored a piece for the Atlantic advocating a return to segregation in college), I re-read the post I had written two years ago as Hill when paving her road out of ESPN. As is often the case, I had completely forgotten what I wrote, and getting re-acquainted with it, I not only approved of the analysis but saw its application as relevant to other situations we have seen since and will continue to see.

Let me add that the fact that angry, divisive, unethical journalists like Hill have a place in legitimate (or what once were legitimate) news and commentary outlets is proof of ethics rot in the industry. She is no better nor different from ugly hacks like Alex Jones on the right, yet maintains visibility and a platform for her cultural poison for three reasons: she is a progressive, she is black, and she is female. None of these are valid reasons to inflict her personal vendettas and hateful rhetoric on America. Jones has been largely banned from social media, but Hill’s bile still flows undammed.

The post also is depressing proof of how relentless and irrational “the resistance” has been The line in the two-year-old essay—“Too many of Hill’s likely peer groups and those around her have, since last November 8, engaged in nearly continuous disrespect of the President’s person, his office, and the process that elected him. This continues to be divisive, destructive, and dangerous for the nation. It is wrong.”—has a familiar ring, for I have written almost the same sentence too many tomes to count since. I will probably write it again next week.

Here, lightly edited, is the September 14, 2017 post titled, “Portrait Of An Ethics Train Wreck:The Race-Baiting ESPN Commentator”:

The recent still-rolling ethics train wreck launched by ESPN “SportsCenter” co-host Jemele Hill is a perfect example of how such cultural fiascos occur.

Stage I:  The Instigator

Hill, a young African American woman, went on a Twitter rant against President Trump  this week.

“Trump is the most ignorant, offensive president of my lifetime,” Hill tweeted. “His rise is a direct result of white supremacy. Period. He is unqualified and unfit to be president. He is not a leader. And if he were not white, he never would have been elected.”

Factors, Stage I

A. An ethics alarms doesn’t  ring.

Why in the world would Hill think that the face of a national broadcast network could publicly call the President of the United States a white supremacist without causing a problem for her employer? The key ethics values being breached  are trust and responsibility. She has a responsibility to ESPN, which should be able to trust her not to harm it or upset viewers.

B. An instigator has an inflated view of his or her own importance, indispensability, wisdom, expertise or authority.

We are living in an age where narcissism is epidemic, but even so, a sports anchor has to be able to comprehend that once he or she is outside the realm of sports, her opinion on the President or anyone else cannot possibly have a positive effect on public discourse unless it is carefully thought out, crafted,, and expressed.

The key ethics values being breached are competence and  humility.

C. Social media. Continue reading →

High Noon Ethics Warm-Up, 9/5/2019: Arggh!…Yay!…Yechhh!…Hmmm…and Good!

/ Jack Marshall / 25 Comments

Mornin’!

1. More historical ignorance to make you suicidal: Here’s Anna L.’s review of her visit to the Gettysburg Battlefield on the park’s Yelp page:

Boooorrrringggg. First off, it was nothing like the movie. All I saw were a bunch of fields and rocks. All the tourist shops, bars, and hotels in the area kept saying how I should check this place out. I kept getting confused with all of the plaques and monuments. Who was fighting who, I have no idea. The abandoned cannons looked tacky. I give this one star for the overweight character actor in the square, but that’s about it. Yaaawnnn.

I don’t even want to think about the political positions and favored candidates of an American this…this…I can’t even think of a good description. “It was nothing like the movie”????? And how many people like her are out there, rotting our culture and values from within?

Arrgh.

2. It’s about time. wouldn’t you agree? I’m amazed this took so long. Starting next year, BMC Toys in Scranton will begin adding  little green  Army women to the little green Army men that are such a standard kids’ toy. Since they debuted in 1950s, none of the iconic toy’s  manufacturers  have crossed the gender line. BMC is one of the  ew producers of plastic soldiers left in his country, and will soon be offering these:

Yay! Continue reading →

The Novelist Is Scared By Red Caps. What’s The Ethical Response To That?

/ Jack Marshall / 52 Comments

“AAAAAAAIIIIIII!!!! Take it away! TAKE IT AWAY!!!”

Rebecca Makkai, an American novelist of moderate success, tweeted,

Fascinating!  And her tweet raises some trenchant ethics questions:

1. How should good Americans regard someone who suggests that it isn’t normal to support the elected President of the United States?

Answer: As a bad American, as well as stunningly arrogant. The impulse is fascist: those who don’t agree with the political positions of Makkai and her ilk are not merely wrong, mistaken or misguided, but abnormal. It is particularly subversive to pronounce those who are behaving exactly as U.S. citizens have behaved and have been expected to behave since 1789 as not being normal, while Makkai, one of the divisive and destructive members of the “resistance” attempting to undermine the nation’s unity and institutions, pose as respectable.

2. Does an individual’s aversion to red caps because one variety carries a slogan deemed objectionable to the Trump Deranged qualify as a sensitivity anyone is obligated to observe in their choice of headgear? Continue reading →

Late-Starting Week Ethics Warm-Up, 9/3/2019: Why We Have Fake News

/ Jack Marshall / 14 Comments

A post-Labor Day mess in San Francisco…

Good morning!

1. Why we have fake news, Part A: “Journalists just make stuff up.” From the Jewish Telegraphic Agency:

A survey of American Jews showed continued disapproval of President Donald Trump, with anti-Semitism high and Israel low on the priority list for Jewish voters. The survey, conducted for a liberal-leaning Jewish organization, the Jewish Electorate Institute, by Greenberg Research, which does polling for Democratic candidates, showed 71 percent of likely Jewish-American voters disapprove of Trump and 29 percent approve, commensurate with polling since Trump’s election…The survey released Wednesday of 1,000 Jewish voters nationally was taken between May 6 and 12, and is consistent with past polling of a constituency that leans strongly Democratic…The poll showed Israeli Prime Minister Benjamin Netanyahu’s favorable/unfavorable score as 45/38. Netanyahu used to score high approval among American Jews, but his sustained clashes with Obama on Palestinian and Iran policy, and his closeness to Trump appear to have eroded American Jewish support.

Gallup:

….Our aggregate from January through August of this year shows a 29% Trump job approval rating among Jews, with 69% disapproval….

Now here’s ABC News Chief Political Analyst Matthew Dowd on Twitter:

Dowd is just citing statistic pulled out of the air, apparently. How can anyone trust these people? Continue reading →

Saturday Night Ethics Dump, 8/31/2019.

/ Jack Marshall / 21 Comments

Still trying to clear the ethics Augean stables…

1. Fox News headline: “The Dangers of Vaping.” Fake news! The story following that headline explained that teens were falling ill of serious lung difficulties after using what we once called “electronic cigarettes” to inhale THC. There is little convincing evidence that using e-cigarettes as they were designed to be used causes any lung problems. Thus the headline is as accurate as leading off a story about tainted beef with “The Dangers of Eating.”

2.  Another old ethics question comes around again. In 2017 I questioned the wisdom of the Miami Marlins baseball team loudly honoring the memory of Jose Fernandez, a rising pitching star who got himself and others killed by driving his speed boat while under the influence of drugs and alcohol. died July 1 in his hotel room

There is a level of recklessness, irresponsible conduct, arrogance and stupidity that cannot be excused, and whatever the level is, Fernandez exceeded it. The fact that he was killed himself was moral luck: imagine if only he had survived. Fernandez would be facing homicide charges and serious prison time….and would deserve it all. He had a family, a child, a city, a baseball team, and a sport all relying on him, and he decided to risk it all for coke, booze, and a speed boat ride, killing not only himself but two other human beings, who had families and responsibilities of their own. He was  no hero. He was a deadly, selfish, asshole.

No other message should be sent to the kids who once admired him that that one. Honoring Fernandez now would be a particularly ugly example of The King’s Pass or The Star Syndrome, Rationalization #11 on the list. A non-celebrity did what Fernandez did would be guaranteed posthumous infamy. The fact that the pitcher was a baseball star doesn’t make him better than that; if anything, it makes him worse.

Now we learn that Anaheim Angels pitcher Tyler Skaggs, a 27-year-old Angels pitcher who died on July 1 in his hotel room,  perished because he had mixed multiple opioids with alcohol. The Red Sox are playing in Anaheim, and the Angels players are all wearing tributes to Skaggs on their uniform, a prominent “45.” True, Skaggs didn’t get others killed by his irresponsible behavior, but his death was still the result of conduct that needs to be discouraged, condemned, and certainly not romanticized. The Angels can honor their dead team mate privately, but a public display that suggests that Skaggs’ death was anything but a self-made tragedy send a dangerous and irresponsible message. Continue reading →

Do I Really Have To Explain To Anyone But Gwyneth Paltrow What’s Wrong With Hiring A “Book Curator”?

/ Jack Marshall / 43 Comments

Oh God, I hope not.

From Town and Country:

[B]ooks aren’t just for reading, they can also be beautiful objects in and of themselves. Thatcher Wine, a long-time bibliophile and collector, tapped into this concept in 2001, sourcing rare, out-of-print books to build beautiful libraries based on interest, author, and even color for his clients. Since then, Wine has curated the bookshelves of Gwyneth Paltrow and New York’s NoMad hotel; fans include Laura Dern and Shonda Rhimes.

One way I identify a stone-cold phony is when their living room includes a chess board on which the pieces are set up incorrectly or the white corner squares are on the left, not the right. This means that the resident doesn’t know how to play chess, but wants people to think he or she does. In my view, such a visual lie is like hanging a diploma of a school you didn’t attend, or a military decoration that isn’t yours. (I give a pass to people who have grand pianos or harps in the homes; they are beautiful, and if the owner doesn’t mind looking foolish when he or she has to answer the question, “Do you play?” with “No,” that also is useful information.)

Hiring someone to put books in your library because they look nice is exactly like the misleading chessboard. I now know all I need to know about Gwyneth Paltrow,  Laura Dern and Shonda Rhimes. Continue reading →

Here’s A Poll That The News Media Must Take Seriously…But They Won’t. Too Bad. For Everyone.

/ Jack Marshall / 24 Comments

Rebel journalist Sharyl Attkisson engaged pollster Scott Rasmussen to measure public attitudes about the political news media. His results, which he discussed on her show, “Full Measure”:

  • 78% of voters say that  journalists  use their media platforms to promote their own agendas.
  • 14% think that journalists fairly report what the news.
  • Focusing only on national news reporters, 57% of those polled said reporters slant their output to advance their own political agendas,
  • Only 26% of those polled believe that national reporters restrict themselves to the facts.
  • 52%  believe the problem has become worse compared to five years ago.
  • 42% of Americans believe national political news coverage is inaccurate and unreliable, while less— 38%—believe it’s accurate and reliable.
  • 36% of voters believe that a journalist would fairly report facts that would hurt their favorite candidate.

Observations: Continue reading →

The New York Times Reveals That It Will Move On From Its Three-Year “Trump Stole The Presidency By Colluding With Russia” Strategy For Undermining Him To A “Trump And Republicans Are Racists” Strategy For Defeating Him In 2020

/ Jack Marshall / 18 Comments

How else can we interpret the opening statement by Times editor Dean Baquet in a recent staff meeting? Someone surreptitiously recorded the 75 minute question and answer session and leaked it to Slate, which put it all online. It begins with this (emphasis mine):

Dean Baquet: If we’re really going to be a transparent newsroom that debates these issues among ourselves and not on Twitter, I figured I should talk to the whole newsroom, and hear from the whole newsroom. We had a couple of significant missteps, and I know you’re concerned about them, and I am, too. But there’s something larger at play here. This is a really hard story, newsrooms haven’t confronted one like this since the 1960s. It got trickier after [inaudible] … went from being a story about whether the Trump campaign had colluded with Russia and obstruction of justice to being a more head-on story about the president’s character. We built our newsroom to cover one story, and we did it truly well. Now we have to regroup, and shift resources and emphasis to take on a different story. I’d love your help with that. As Audra Burch said when I talked to her this weekend, this one is a story about what it means to be an American in 2019. It is a story that requires deep investigation into people who peddle hatred, but it is also a story that requires imaginative use of all our muscles to write about race and class in a deeper way than we have in years. In the coming weeks, we’ll be assigning some new people to politics who can offer different ways of looking at the world. We’ll also ask reporters to write more deeply about the country, race, and other divisions. I really want your help in navigating this story.

But I also want to [inaudible] this as a forum to say something about who we are and what we stand for. We are an independent news organization, one of the few remaining. And that means there will be stories and journalism of all kinds that will upset our readers and even some of you. I’m not talking about true errors. In those cases, we should listen, own up to them, admit them, show some humility—but not wallow in them—and move on. What I’m saying is that our readers and some of our staff cheer us when we take on Donald Trump, but they jeer at us when we take on Joe Biden. They sometimes want us to pretend that he was not elected president, but he was elected president. And our job is to figure out why, and how, and to hold the administration to account. If you’re independent, that’s what you do. The same newspaper that this week will publish the 1619 Project, the most ambitious examination of the legacy of slavery ever undertaken in [inaudible] newspaper, to try to understand the forces that led to the election of Donald Trump. And that means trying to understand the segment of America that probably does not read us. The same newspaper that can publish a major story on Fox News, and how some of its commentators purvey anti-immigrant conspiracies, also has to talk to people who think immigration may cost them jobs and who oppose abortion on religious grounds. Being independent also means not editing the New York Times for Twitter, which can be unforgiving and toxic. And actually, as Amanda Cox reminds me, doesn’t really represent the left or the right. [inaudible] who care deeply about the Times and who want us to do better, we should listen to those people. But it is also filled with people who flat out don’t like us or who, as Jack Shafer put it, want us to be something we are not going to be.

The transcript is long, and while I recommend reading the whole thing,  not everyone has sock drawers they can neglect. The unavoidable take-away is that the Times and its staff, mirroring the American Left of which it is bulwark, is obsessed with race as well enamored of the tactical advantages race-baiting it confers in the ideological struggle for control over the levers of government power.

Later, there is this revealing exchange: Continue reading →