Ethics Dunces

Morning Ethics Warm-Up, 4/16/2018: The Integrity Edition

/ Jack Marshall / 42 Comments

Good Morning!

1. James Comey, Cognitive Dissonance Dunce. The anti-Trump obsessed won’t be able to see it, but rogue ex-FBI director James Comey is doing an immense favor for President Trump and Republicans by single-handedly framing his campaign against the man who, it is increasingly obvious, correctly fired him (as Hillary Clinton would have done even faster) as that of a classic vengeful disgruntled employee and nothing more, or better. Even Time op-ed writer Charles Blow, whose every column since the election has been some paraphrasing of “I hate Donald Trump,” was forced to observe that Comey is an especially dislikable foe (as is Blow himself). The sheer number of loathsome Trump-bashers has a natural Cognitive Dissonance Scale effect that the President’s critics can’t seem to fathom.

Normal, fair-minded people whose natural instinct is to run from the likes of Nancy Pelosi, Ted Lieu, Hillary Clinton, David Hogg, Joy Reid, Bill Maher, James Comey, Robert DeNiro, Alec Baldwin, Stormy Daniels and the rest will find themselves, almost unconsciously, siding with the President rather than this basket of deplorables, because, you see, he is the President, and who wants to be identified with that crew?

In his ABC interview, which successfully marked Comey as Just Another Trump-Deranged Resistance Warrior, he actually said that Trump was “morally unfit” to be President. First of all, it is the electorate, not James Comey, that decides who is morally fit to be President.  Comey’s assessment is no more or less valid than that of anyone else. Second, the statement is ridiculous on its face. If Comey had an interviewer with any knowledge of Presidential character and the history of the office, plus the wit and integrity to expose  an ignorant opinion when one is broadcast coast to coast, he would have been asked..,

Was Thomas Jefferson morally fit to be President? Has Donald Trump kept his wife’s sister as a concubine and slave? Was Andrew Jackson morally fit to be President? Has Donald Trump killed anyone in an illegal duel? Was Grover Cleveland morally fit to be President? Did Donald Trump ever have a woman committed to an institution to silence her about their sexual relationship? Was Woodrow Wilson morally fit to be President? Has Donald Trump endorsed the Klu Klux Klan? Was Franklin Roosevelt morally fit to be President? Has President Trump ordered U.S. citizens into prison camps? Was Richard Nixon morally fit to be President? LBJ? Bill Clinton?

The Presidency is self-defined by its past occupants, and “moral fitness” is not a characteristic that comes to mind when considering what qualities are identified with successful, popular or effective Presidents.

2. Whither the ACLU? Alan Dershowitz has authored a searing attack on the ACLU’s lack of integrity demonstrated by its failing to condemn the Justice Department’s raid on lawyer Michael Cohen’s home and office. He writes in part, Continue reading →

Saturday Evening Ethics Update, 4/14/2018: Important Women Die Too, Fundraising Insanity, And Campus Segregation Is “In” Again

/ Jack Marshall / 8 Comments

Good evening, everyone!

(This morning was completely unmanageable…)

1. This day in history..April 14 belongs with December 7, November 22 and September 11 as the four evil dates in American history, for Abraham Lincoln was assassinated on this day in 1865, yanking the course of events into a new riverbed. Who knows where we might be today if Booth had been foiled?

2. Oh, yeah, them…The New York Times is suddenly including more obituaries of women in its pages, the result of a ridiculously late realization last month that the paper’s  stories of death warranting special note had been overwhelmingly male from the paper’s birth. In March, the paper confessed,

Since 1851, The New York Times has published thousands of obituaries: of heads of state, opera singers, the inventor of Stove Top stuffing and the namer of the Slinky. The vast majority chronicled the lives of men, mostly white ones.

Charlotte Brontë wrote “Jane Eyre”; Emily Warren Roebling oversaw construction of the Brooklyn Bridge when her husband fell ill; Madhubala transfixed Bollywood; Ida B. Wells campaigned against lynching. Yet all of their deaths went unremarked in our pages, until now.

It is a welcome reform. The Times is also looking back over history to remedy the past bias and injustice, launching a special project to publish, a bit late, many of those obituaries that it had failed to write when remarkable women died. You can find the latest additions here.

3. What’s going on here? Wall Street billionaire Stephen A. Schwarzman agreed to give $25 million to the Abington, Pennsylvania high school he attended  in the 1960s. The money would finance  a massive upgrade in the facility. The school, in return, agreed to name the school in his honor, hang a portrait of him in the building, honor his twin brothers elsewhere in the school, and give him the right to review the project’s contractors and approve a new school logo.

Then the deal was announced. Local residents appeared at a standing-room-only, five-hour school board meeting last week to protest.  There was an online petition (naturally), and calls for school officials to resign.  And what was it about the quid pro quo that the people objected to? The quote from Robert Durham, who works at the local Chevrolet dealership and sent two sons through Abington Senior High School is explanatory as any:

“I just think there’s too much influence about big money, Wall Street money, in our society,” he told reporters.

Oh. Continue reading →

Is James Comey An “Untruthful Slimeball?”

/ Jack Marshall / 22 Comments

That was the measured, dignified description of the fired FBI chief in President Trump’s latest tweet on the matter of Comey’s tell-all book, “A Higher Loyalty: Truth, Lies and Leadership. The Ethics Alarms verdict on the allegation doesn’t require reading the book, which I wouldn’t do if Jigsaw had me trapped in a room and gave me the choice of writing a book report on it or chewing off my own foot. (Okay, maybe I’d read it then, but I’d still have to think about it.)

We know Comey is untruthful already—he lied to Congress—and the fact that his book exists proves that he’s a slimeball.

I know I repeat myself a lot, for ethics issues are on a merry-go-round that never stops. However, I think I’ve written more than enough about the unethical practice of government officials who have left an administration cashing in with tell-all books before the administration has ended. The practice  is a crass  betrayal, venal, disloyal, damaging to the nation and its institutions, and I don’t care who the slimeball author is, or which President he slimes. They are all slimeballs, by definition. One of the first was President Reagan’s arrogant Budget Director, Stockman, early in that administration. Prior to Stockman, the predominant attitude and ethics was the one embodied by General George Marshall (no relation, alas), World War One and Two military leader, former Secretary of State, and architect of the Marshall plan, when he was offered a million dollars to write his memoirs in the 1950s, after he had retired from public life.  Marshall turned down the cash, explaining that he couldn’t write a truthful memoir without undermining people still at working for the United States in the government and military.

How quaint! What a sap!

Or so James Comey probably thinks. Continue reading →

Morning Ethics Warm-Up, April 13, 2018: Past, Present, And Future

/ Jack Marshall / 11 Comments

Happy Morning, everybody!

1. On the Future News front…The Michael Cohen raid has prompted a new outbreak of this particularly odious journalism and punditry trend: writing hysterically about what might happen. I spend so much time telling my wife that it is absurd and self-destructive to spend energy and emotion on dire “what if?” speculation, when sanity only reigns when we deal with what happens, when it happens, and not freak out because it might happen. Reinhold Niebuhr’s Serenity Prayer isn’t just for alcoholics, you know:

“God grant me the serenity to accept the things I cannot change;courage to change the things I can;and wisdom to know the difference. Living one day at a time;enjoy ing one moment at a time; accepting hardships as the pathway to peace…”

The news media, however, pummels us with dire future news to undermine serenity, create fear, encourage anxiety, distrust, panic and hysteria. All the better to undermine President Trump, after all.

MSNBC’s Joy Reid, for example, admittedly one of the worst of the worst, speculated about what might happen should the president refuse to allow himself to be arrested by federal marshals. Note that there is no evidence that there is anything to arrest him for, but never mind. This is Future News. “What if he refuses to open the White House door? What if he fires any Secret Service agent who would allow the federal marshals in? What if Donald Trump simply decides, ‘I don’t have to follow the law? I refuse to be held under the law. No marshal can get into this White House and any Secret Service agent who defies me is fired,'” she asked.

Today I am reading that Michael Cohen might have incriminating tapes of Donald Trump saying incriminating things. Yes, and he might have 12 toes and three nipples, too. Cohen apparently surreptitiously taped some of his conversations. Now, it is true that Cohen is a uniquely sleazy lawyer, but surreptitiously taping a client is a serious legal ethics breach that would pretty much end his career, not to mention his bar license, it it were proven. Never mind though: what if he taped Trump having sex with a marmot? What if he taped the President speaking Russian?

What might happen isn’t news. There are exceptions, but extensive concentration of speculation and projections, as with the Russian investigation coverage, is misleading and unethical journalism.

2. Incompetent prosecution to the rescue! For some reason, Bill Cosby’s prosecutors, allowed to choose from the more than 70 alleged victims of the serial sexual predator a representative five to show his  modus operandi that victimized Andrea Constand, chose Janice Dickinson, an aging ex-model, huckster, reality show star and publicity hound with the approximate trustworthiness and credibility of Stormy Daniels. Continue reading →

Morning Ethics Warm-Up, April 12, 2018: Mistakes, Senators, Survivors, The Pope And Cosby

/ Jack Marshall / 8 Comments

Good morning!

(I’m in a good mood because this happened last night…)

1. Incompetent elected officials of the month…From Reason:

On Tuesday, the Senate Judiciary and Commerce, Science, and Transportation committees grilled Facebook CEO Mark Zuckerberg about the company’s insufficient efforts to protect users’ personal data…

Sen. Roy Blunt, (R–Mo.) … didn’t seem to understand that Facebook lacks a means of accessing information from other apps unless users specifically opt in…. Sen. Roger Wicker (R–Miss.) needed a lot of clarification on how Facebook Messenger interacts with cellular service. Zuckerberg had to carefully explain to Sen. Brian Schatz (D–Hawaii) that WhatsApp is encrypted, and Facebook can’t read, let alone monetize, the information people exchange using that service. Zuckerberg had to explain to multiple senators, including Sen. Dean Heller (R–Nev.), that Facebook doesn’t technically sell its data: The ad companies don’t get to see the raw information. Sen. Patrick Leahy (D–Vt.) brought along a poster on which his office had printed out images of various Facebook pages. Leahy asked whether these were Russian propaganda groups. “Senator, are you asking about those specifically?” Zuckerberg asked. He of course had no way of knowing what was going on with those specific pages, just from looking at pictures of them….Sen. Amy Klobuchar (D–Minn.) offered this metaphor: “the way I explain it to my constituents is that if someone breaks into my apartment with a crowbar and takes my stuff, it’s just like if the manager gave them the keys.” But …Facebook didn’t willfully assist in a crime. …Sen. Debbie Fischer (R–Neb.) didn’t understand, at a fundamental level, that if you’re using Facebook, you have agreed to let Facebook know a lot of information about you. Sen. Lindsey Graham (R–S.C.) asked whether Facebook had any major competitors. …

 

This is a theme of regulation, rules and laws in the cyber age: the officials responsible for regulating the uses and abuses of technology don’t use the technology involved, don’t understand it, aren’t willing to take the time to learn, and are apparently not even aware of how irresponsible and incompetent this is, how stupid and lazy it makes them look, and how it undermines the public trust.

2. But don’t worry…In his testimony, Zuckerberg said that Facebook was working on a way to ban “hate speech.” I can’t wait to see what the left-wing crypto-fascists who run the Big Tech giants consider “hate speech.”  Actually, we have some pretty good clues. Facebook silenced pro-Trump video-bloggers “Diamond and Silk,” deeming their political content “unsafe to the community.” Continue reading →

From The “Nation Of Assholes” Files: Now President Trump Has Driven The Sociologists Mad

/ Jack Marshall / 32 Comments

That fake tweet above? It was created by the Southern Sociological Society as promotion for its conference this week. It is also, amusingly, accurate. Based on the conference, titled “Racial Theory, Analysis, and Politics in Trump America,” you can’t trust sociologists any more. Like so many other professional, including among them historians, lawyer, journalists, educators, ethicists and psychiatrists, this group has decided to abandon professional ethics and standards of objectivity and civility for juvenile virtue-signaling and partisan name-calling.

At first I thought this was an Onion parody. From Campus Reform:

…The conference program features two full-color illustrations that crudely depict the President as a baby, six sketches employing similar themes, and nine satirical presidential tweets (each of which comes with a disclaimer alerting the sociologists that it is “not an actual tweet”). The front cover shows the president as a grotesque and overweight infant, sitting in a soiled diaper on top of an image of hooded Klansmen while playing with missiles and nuclear bombs. His outstretched left arm, replete with a tiny hand, may be an attempt to depict him performing the Nazi salute.

A cross superimposed on a series of concentric circles appears above the word “Trump” in the conference title, suggesting the crosshairs on a rifle site…The back cover depicts a similarly-styled Trump, this time with his diaper sagging down and kneeling in a pool of urine inside his crib. Black and white sketches scattered throughout the program, meanwhile, depict Trump in various other unflattering ways, with one showing him urinating on the floor while holding what appears to be a balloon labeled “WW3,” while another drawing portrays him smashing the EPA and healthcare.

The conference schedule indicates that there will be 32 workshops, papers, lectures, discussions, and other sessions that explicitly deal with Trump, including a discussion about “Approaching Resistance to TrumpAmerica” and a session on “How to Talk About Current Events in the Classroom in the Age of Trump without Getting Fired.”

Some sessions, such as “Organizing a Campus-Wide Social Justice Event,” appear to advise professors on how to use their positions to influence campus politics. Continue reading →

Ethics Self-Warm-Up, 4/8/2018: An Ethics Alarms Experiment

/ Jack Marshall / 95 Comments

My gallant crew, Good Morning!

The combination of the 45th Anniversary of the Gilbert & Sullivan performing organization I founded as 1L student at Georgetown and some unusually complex ethics problems tosses to me by some law firm clients have conspired to put me out of action until this afternoon.

I’m opening this post up to commentary on any ethics issue you please. Stay on topic, please, and be civil.

Morning Ethics Warm-Up, 4/3/2018: Hypocrisy, Exploitation, Fake Definitions And Fake News

/ Jack Marshall / 46 Comments

Good Morning…

…and believe me, it takes a super-human effort for me to say that right now…

1.  Good. Rep. Esty is not running for re-election. We discussed her hypocrisy in a post two days ago. Now she says, “Too many women have been harmed by harassment in the workplace. In the terrible situation in my office, I could have and should have done better.” This would have been a meaningful and productive statement if she hadn’t previously insisted that she handled the matter correctly and refused to be accountable. She did, however, and mouthing platitudes now should not alter the verdict that she was a cynical and grandstanding #MeToo performer who, when time came to act according to the standards she was demanding of others, failed miserably.

2. Anybody know of an ethical computer protection service? I now have two ghost services torturing me with pop-up ads, slowing down my computer, and generally behaving like a virus because I cancelled them. When I cancel a service I allowed onto my computer, I expect them to say good-bye and leave. I do not recall agreeing in my original contracts that “the undersigned hereby agrees that if for any reason he chooses to end his relationship with ____________, the service will continue to hound him with warnings, special offers, unrequested scans and other harassment until he dies or throws his computer out the window.”

The two companies at issue are AVG and McAfee. I will chew off my foot before I engage either of them again.

3. Big Brother’s way of winning a debate: change the meaning of the terms so you can’t lose.  After the repeated misuses of the term “assault rifle” as a disinformation and fear-mongering tactic by the anti-gun mob were flagged by Second Amendment supporters to the embarrassment of the zealots, Mirriam-Webster rode to the rescue,  changing its online dictionary entry for the term so its ignorant ideological allies could now cite authority:

On March 31, 2018, the following definition was published:

noun: any of various intermediate-range, magazine-fed military rifles (such as the AK-47) that can be set for automatic or semiautomatic fire; also : a rifle that resembles a military assault rifle but is designed to allow only semiautomatic fire

Translation: “This is what the term really means, but it also means what ignorant politicians, journalists and activist refer to erroneously as the same thing even though it’s not, because we support them and this will make it easier for them to mislead other without looking dishonest and foolish.”

[UPDATE: There is some question of whether that definition was added before or after Parkland. Reader Steve Langton reports that he read the current version a couple of days after the shooting.]

Continue reading →

Morning Ethics Warm-Up, 4/2/2018: The Unreliable Authorities Edition

/ Jack Marshall / 38 Comments

Good morning!

1.  Another baseball ethics dispute! This is an exciting time of changes in the traditional wisdom of how to play Major League Baseball, all sparked by that new ethics bugaboo, Big Data. Now that so many aspects of the game can be measured and analyzed, tradition and assumptions rarely challenged are now under fire. One massive shift is, ironically, in the matter of shifts, radical defensive alignments in which players are not fielding their normal positions, but rather are places where computer spray charts for each batter suggest that the likelihood of fielding a ball is highest.  This can mean anything from one lonely fielder on the left side of the infield, or four outfielders.

Shifts are not new, but they used to be used on a handful of super-sluggers with dead-pull propensities, notably Ted Williams, who famously refused to bunt for easy hits to the unoccupied side of the field, and instead usually tried to hit through or over the shift. It has been estimated that the Williams Shift, combined with the player’s infamous stubbornness, cost him many points off of his lifetime batting average, especially since Williams defeating the shift by bunting might have discouraged its use.

But he was Ted Williams, the second greatest hitter of all time.  The question of whether lesser batters should bunt against shifts, for now many teams shift against everyone, has an easy answer: Of course they should.

In yesterday’s Twins-Orioles game, Twins starter Jose Berrios had  a one-hit shutout in the ninth inning. leading with one out and no runners on base. O’s rookie catcher Chance Sisco came to the plate—he has my favorite baseball name this season–and the Twins put on a shift like the one Ted Williams despised:

So, knowing he wasn’t Ted Williams and also knowing that in baseball even seven run leads aren’t a sure thing, Chance dropped down a bunt to the left side for a single. Berrios then walked two batter Davis and Manny Machado to load the bases, but finished his shutout by getting the next two outs without further disruptions.

After the game, the Twins players questioned the ethics of Sisco’s hit. Berrios said, “I just know it’s not good for baseball [to bunt] in that situation. That’s it.” Twins outfielder Eddie Rosario said, “Nobody liked that. No, no, no. That’s not a good play.” Second baseman Brian Dozier added, “Obviously, we’re not a fan of it. He’s a young kid. I could’ve said something at second base but they have tremendous veteran leadership over there. I’m sure they’ll address that. It’s all about learning. You learn up here.”

When do you “learn” not to try to win the game and get on base? For Sisco, a rookie, sending the message that shifting against him is a bad risk also is a wise career move. There is a long-standing, and stupid, unwritten rule in baseball that it is “bush league” to try to break up a no-hitter with a bunt, but extending that dubious logic to a mere shutout breaks the Stupid Meter.

2. Coffee is good for you, but be worried when you drink it. Continuing its rapid devolution into Bizarro World, just as increasing scientific evidence suggest that coffee is good for you, California is demanding that it carry a tobacco-like warning label. Last week a judge ruled that Starbucks and  other coffee companies in California must carry a cancer warning label because of a chemical produced while beans roast has been shown to cause cancer in high doses. California’s Safe Drinking Water and Toxic Enforcement Act  requires companies with more than 10 employees to warn their customers about the presence of carcinogenic and toxic chemicals in their products, even in tiny amounts. Acrylamide, a chemical compound that is produced naturally during the roasting of coffee beans, is on the state’s list of chemicals known to cause cancer or reproductive toxicity. The judge ruled that the coffee company had the burden of proof  to show that acrylamide posed no significant health risk to coffee drinkers, even though there is no evidence that coffee does pose a risk. Continue reading →

An Ethics Alarms Challenge: Defend Criticism Of The Brooklyn Museum’s Hiring Of Two White Curators Of Its African Art Collections Without Endorsing Racism

/ Jack Marshall / 42 Comments

The Ethics Alarms verdict is that such a defense is impossible. Asks the Huffington Post in its “Black Voices” section, “People Want To Know Why Brooklyn Museum’s New African Art Curator Is White.” Why are they asking this? The answer is obvious and backed by the curriculum vitae of the two (not one) scholars hired, Drew Sawyer and Kristen Windmuller-Luna. They are eminently qualified for their new jobs, and the color of job applicants is not, and never should be considered “a credential.”

From the museum’s release:

Windmuller-Luna will rethink the Brooklyn Museum’s extensive collection of African art, which is comprised of more than 6,000 objects, and organize a freshly conceived temporary installation showcasing the depth of the collection. Her focus will be to create a dialogue between the African art collection and other works within the museum’s holdings while also helping to develop educational programming.

As a curator and historian of African arts and architecture, with a specialization in the early modern period and Christian Ethiopia, her work counters myths about African civilizations and artistic production by focusing on cultural specificity, artistic diversity and global historical context. Windmuller-Luna received her Ph.D. and M.A. in Art and Archaeology from Princeton University and her B.A. in the History of Art from Yale University.

Drew Sawyer will reimagine the role of photography collection within the museum and explore ways to integrate it with other collection galleries and exhibitions.

Sawyer is currently Head of Exhibitions and the William J. and Sarah Ross Soter Associate Curator of Photography at the Columbus Museum of Art in Ohio. He is also a co-organizer of the upcoming historical survey Art after Stonewall, 1969 to 1989 which will tour during the 50th anniversary of the Stonewall Riots in 2019. Sawyer holds a Ph.D. in Art History and Archaeology from Columbia University, specializing in North American art and visual culture of the nineteenth and twentieth centuries.

“Kristen’s vision for a new permanent collection installation that transforms how viewers relate to the arts of Africa is tremendously exciting for us as we near the 100th anniversary of the Brooklyn Museum’s pioneering exhibition of African art in 1923, ”said Deputy Director and Chief Curator Jennifer Chi. “Drew’s deep expertise in social and experimental documentary practices during the twentieth and twenty-first centuries will significantly augment our strong collection and will contribute to our history of championing contemporary artists who continue in this vein.”

Continue reading →