Ethics Dunces

Morning Ethics Warm-Up: 7/25/17

/ Jack Marshall / 32 Comments

Good Morning!

1. The National Review began its story on this topic thusly:

“California and New York will become the first states to allow illegal immigrants to practice law and be sworn in as lawyers. In so doing, they will grant the privilege of upholding the law and defending the U.S. Constitution to people who have intentionally violated the rules, and who have no right whatsoever to be here.”

This is a fair and objective description. I detest conservative radio talk show host Micheal Savage, who wrote a right wing attack tome called “Liberalism is a Mental Disorder” just as I detest that title, and the approach to civil discourse and political disagreements that goes with it. (Ann Coulter preaches the same message, but is funnier when she does it.) However, when I read about things like this, I feel a magnetic pull to the position. In 2013, Governor Brown  signed into law a provision allowing illegal immigrants to be awarded licenses to practice law in the state California. At the same time as he vetoed nother bill passed by his reliably wacko legislature that would have allowed those who would not obey the nation’s immigration laws to be eligible to serve on juries, and thus pass judgment on the alleged crimes of U.S. citizens. Ponder that contrast for a minute, and see if your head explodes. Brown had a convoluted explanation for the seeming contradiction, but what he was doing was obvious: he was pandering to illegals and their supporters. Serving on juries is an obligation of citizenship that citizens find onerous: telling illegals that they didn’t have to meet this obligation while still harvesting citizenship benefits was a welcome decision.

At the time I wrote,

“I am not surprised by this turn of events, just made nauseous by it. I almost closed comments for this post. If I really have to explain to someone why those who have never taken affirmative steps to become citizens in this country should not be allowed to practice its laws after years of being in defiance of its laws, I’m not sure its worth the effort.”

Continue reading →

Congratulations To New York Times Reporters Glenn Thrush and Maggie Haberman, Winners Of The First Ethics Alarms “Popeye”

/ Jack Marshall / 16 Comments

Now and then I see or read about something that seems too trivial for a post, but it gnaws on me and torments me, and I worry that, like Lewis Black’s famous over-heard  “if it wasn’t for my horse, I wouldn’t have spent that year in college,” it will fester and eventually kill me. I’m going to launch a new category for these things, the Popeye, in honor of the gruff spinach-eating sailor’s quote that signaled a fight was coming, “That’s all I can stands, cuz I can’t stands no more!”

This morning, while reading this story by Times reporters Glenn Thrush and Maggie Haberman about the President gratuitously attacking his own Attorney General, I read this sentence…

“But even if Mr. Sessions remains in his job, the relationship between him and Mr. Trump — the Alabama lawyer and the Queens real estate developer, an odd couple bound by a shared conviction that illegal immigration is destroying America — is unlikely to ever be the same, according to a half-dozen people close to Mr. Trump.”

Wait—when did Sessions or the President express the “conviction” that ” illegal immigration is destroying America”? I googled the phrase. Few references came up, but over half of those that weren’t quotes of this article came from pro-illegal immigrant sources, as their exaggerated characterization of what illegal immigration critics say or think. It is a false representation, explicitly designed to make such critics appear hysterical and foolish.  Continue reading →

Welcome To Incompetent Leadership And Toxic Management: President Trump’s Jeff Sessions Attack

/ Jack Marshall / 37 Comments

I detest bad leadership. I’ve studied leaders since I was 11, and studied management since I was 19. Incompetent leadership and inept management cripples business, the arts, sports, education, government, civilization, the world. I seldom see as horrible an example of both as in the case of President Trump’s verbal tirades against his own Attorney General,Jeff Sessions, first to Republican Senators at a White House dinner on this week,  and later in an interview with the New York Times. Sessions responded to his boss’s disgraceful behavior by saying that he intended to serve “as long as that is appropriate.”

The only reason it would be appropriate for anyone to work for a leader, executive, manager or supervisor who treats subordinates this was is patriotism. The nation has to be managed; the government has to function. Other than that, no one with honor, self-respect or a sense of responsibility should voluntarily subject themselves to the kind of abuse this President offers.  Reportedly the President insists on loyalty, but loyalty has to be minimally reciprocal. Criticizing a subordinate in public, as with the press, or in private, behind that subordinate’s back, is the equivalent of sin for any leader. It is cowardly. It’s unfair and disrespectful.  It is irresponsible, incompetent and stupid, stupid stupid. Continue reading →

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

/ Jack Marshall / 2 Comments

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

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

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

Echoing More, Turley writes, Continue reading →

Morning Ethics Warm-Up: 7/21/17

/ Jack Marshall / 8 Comments

Good Morning!

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

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

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

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

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

Play Ball!

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

Morning Ethics Warm-Up: 7/19/17

/ Jack Marshall / 32 Comments

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

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

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

Wait…What?

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

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

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

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

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

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

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

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

/ Jack Marshall / 30 Comments

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

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

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

Ethics Dunce: Attorney General Jeff Sessions

/ Jack Marshall / 22 Comments

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

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

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

 

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

Morning Ethics Warm-Up: 7/18/17

/ Jack Marshall / 17 Comments

It’s an All-Fred Morning!

Every day, Ethics Alarms head scout Fred sends me multiple suggestions for posts from he finds heaven-know-where. Even when I can’t fit them in, they often serve as references and always are enlightening.

1. I suspect this belongs in the Polarized Nation of Assholes files: For two years, since he returned from service combat zones in Iraq and Afghanistan, Lieutenant Commander Joshua Corney, has kept his promise to salute his fallen comrades in arms by playing a recording of Taps every evening before 8:00 p.m on his five-acre property in Glen Rock, Pennsylvania. It takes 57 seconds. It does not exceed volume limits. My dog barks longer that that every night after midnight when we put him out. Nonetheless, some of Corney’s neighbors have filed objections with the  borough. Now Glen Rock, which allows church bells to ring, among other sounds, ordered Corney to limit the playing of taps to Sundays and what it termed “flag holidays.” Each violation of the borough’s order would bring a criminal fine of 300 dollars. But the borough’s enforcement action involves two big constitutional no-nos: the heckler’s veto and content-based censorship. The borough is relying on a nuisance ordinance that prohibits sound that “annoys or disturbs” others, and just one individual annoyed by the somber Civil War era bugle solo is enough to deliver a “heckler’s veto.’

The ACLU is on the case, and backing Corney as he fights the action. It writes,

“If a “heckler” could shut down anyone who said or played something that annoyed or offended them by complaining to government officials, freedom of speech would be no more. For more than 75 years, it has been black letter First Amendment law that the government cannot censor speech simply because it is not universally appreciated.

Moreover, the borough cannot use its vague nuisance ordinance to single out only Lt. Commander Corney’s musical expression for censorship from the range of sounds that are part of the borough’s regular sonic landscape. The borough has not ordered Lt. Commander Corney to lower the volume of taps or claimed he has violated a noise-level ordinance.

And it could not claim such a violation because the recording neither exceeds any established noise levels nor is it as loud as many other sounds the borough tolerates — including many sounds that do not communicate a message, like lawnmowers, leaf blowers, chainsaws, and vehicles. Censoring clearly protected expression, like taps, for being too loud, while allowing louder sounds that carry no constitutionally protected message turns the First Amendment on its head.”

Bingo. It is in cases like these that the American Civil Liberties Union shows how essential its role is in protecting the freedoms here that are so frequently under attack.

2. I was surprised when I learned some time ago that undercover police officers used to routinely have sexual relations with prostitutes before arresting them (homosexuals too, when they werebeing persecuted and  prosecuted). Just two months ago, Michigan became the last state in the U.S. to make it illegal for police officers to have sexual intercourse with prostitutes in the course of an under-cover (or covers) sting. Now Alaska wants to go an additional step, banning “sexual contact” with “sex workers” entirely. This could be mere touching or kissing. Advocates of Alaska’s House Bill 73 and Senate Bill 112 argue that police catching sex workers in the act by engaging with them sexually is a human rights violation, and Amnesty International has made an official statement supporting that claim: “Such conduct is an abuse of authority and in some instances amounts to rape and/or entrapment.” Police, quite logically, point out that the bill would make  successful undercover investigations impossible, which is, of course, the whole idea.

“[The prostitutes] ask one simple question: ‘Touch my breast.’ OK, I’m out of the car. Done. And the case is over,” Anchorage Police Department Deputy Chief Sean Case told the Alaska Dispatch News in a hypothetical example. “If we make that act (of touching) a misdemeanor, we have absolutely no way of getting involved in that type of arrest.”

Ethics Alarms is anti-prostitution. As with recreational drug use and probably polygamy, prostitution, which harms families and the young women and men exploited and abused to support it, is almost certainly on the road to legalization. Government won’t protect vital society ethics norms, but it will order you to buy health insurance because it’s for your own good. Continue reading →

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

/ Jack Marshall / 26 Comments

“I’m baaaaack!”

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

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

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

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