1 Tales of Moral Luck: Yankee manager Joe Girardi was facing a possible post-season firing for an embarrassing botch during the second game of the American League Divisional Series against the Cleveland Indians. NY had lost the second game, putting them in an 0-2 hole in a best of 5 series, after an Indian batter’s foul tip into the catcher’s glove for strike three and the inning’s final out was mistakenly ruled a hit by pitch, loading the bases. Replay showed that the ball had hit the knob of the bat, not the batter’s hand, but Girardi didn’t call for a replay review even though his catcher demanding one. The HBP loaded the bases, and the next batter hit a decisive grand slam. Girardi made things worse in his post-game comments by spinning and rationalizing, then finally took responsibility the next day. He also admitted that he didn’t realize that managers had two challenges in the play-offs, when they had only one a game during the regular season.
Yesterday, the Yankees completed a remarkable comeback, winning three straight games to defeat the odds-on favorites to represent the American League in the World Series. Girardi’s bad judgment, poor preparation and immediate resort to excuses when he undermined his team’s chances no longer matters. He was saved by moral luck, just as earlier he had been slammed by moral luck. After all, if the next batter in Game 2 has popped up harmlessly, ending the inning without any damage, Girardi’s terrible mistake would have been a footnote to a Yankee victory.
Now it’s a footnote again.
Moral Luck.
2. WHOA! Didn’t see THAT coming! TWITTER just boarded the Harvey Weinstein Ethics Train Wreck!
Actress Rose McGowan, one of Weinstein’s victims who reached a $100,000 settlement with the Hollywood serial harasser 20 years ago and who is now on the attack having decided that she doesn’t want to be a Hollywood actress any more, has been using social media to condemn actors and executives who enabled Weinstein, writing in one tweet, “you all knew.” Recently, after Ben Affleck tweeted that the allegations against Weinstein “made him sick,” McGowan called him out on Twitter.:
@benaffleck “GODDAMNIT! I TOLD HIM TO STOP DOING THAT” you said that to my face. The press conf I was made to go to after assault. You lie.
That’s our hero, Gray Davis, in the bottom photo. The top photo is just a suggestion if he decides to go pro…
[This story is several months old, but I missed it. Luckily my friend, long-time Ethics Alarms reader and commenter Ethics Bob did not, and sent it to me. Then I missed his e-mail. Until today.]
Ethics Alarms often writes about the duty to rescue, but has also often discussed the reasonable limitations on that duty. You are ethically required to do what you can to prevent a tragedy if you have the power to do so, and instant presence of mind to do so. There is no ethical duty to act like Batman, unless, of course, you are Batman.
Gray Davis is Batman.
Well, that’s not quite right.
Let’s call him “Ballet Man,”
In June, a 58-year-old homeless man fell or was pushed onto the subway tracks at the 72nd Street Broadway-Seventh Avenue station in Manhattan. People began screaming and shouting for someone to help. Davis, 31, told reporters that “At first I waited for somebody else to jump down there…. But nobody jumped down. So I jumped down.” Actually he leaped down. Davis is a ballet dancer with the American Ballet Theater. He had not performed that night, a Saturday, because he was recovering from a herniated disk. He had just watched his wife, soloist Cassandra Trenary, dance in both the matinee and the evening performances of “The Golden Cockerel.”
After Gray’s gracefulassemblé from the platform onto the tracks, he lifted up the man, following a temps leve, although the carry itself was not standard and had several technical flaws by ABT standards, forgivable because ballerinas are not typically dead weight, and unconscious homeless men are not typically ballerinas. Gray deposited his temporary partner on the platform, where he was immediately attended to by others.
Then the dancer heard a train in the distance, and for the first time realized how high it was to the platform from the tracks. “Luckily, I’m a ballet dancer,” he said. Luckily for everyone. Lifting his let up over his head is a breeze.
Ballet dancers are much-maligned, and increasingly unappreciated as artists despite the fact that they are among the most skilled athletes in the world. Batman would have to have ballet training; Daredevil too. Unfortunately, they aren’t real. Graey Davis, Ballet Man, is real, and when a life was at stake and everyone else was calling for someone else to he a hero, he was one, because he knew he had the skills to pull it off.
I just received an email from the Democratic National Committee urging me to protest Betsy DeVos’s (completely valid and overdue) withdrawal of the “Dear Colleague Letter” by which the Obama Department of Education pressured universities into dispensing with due process when a male student is accused of sexual assault. “Tell Trump and DeVos not to undo President Obama’s policies to combat sexual assault on campus!” it bleats. The e-mail blast (if I ever find out who put me on this list, there will be blood), quotes DeVos, as if this advances their case, as saying, “If everything is harassment, then nothing is harassment.”
Joshua Zale, a student at Moraine Valley Community College, was asked by his drama instructor to play a pimp asking for money from another student, playing the role of a prostitute in an improvisation exercise. Improvisation means that the actors work without a script. In the process of the improv, Zale used an “unacceptable word” according to the instructor, who was apparently improvising the role of a fool. The teacher immediately reprimanded Zale, who later insisted on a private meeting to learn why he had been attackedfor using a word he felt was consistent with the role he had been assigned. Assistant Dean Lisa Kelsay subsequently accused Zale of violating Title IX—the weapon of choice in the “Dear Colleague Letter”—and school conduct policies by sexually harassing his acting partner “as a woman.”
No one has yet divulged what this “unacceptable” word was. I have taught improvisation. I am a pretty creative guy, with a fairly extensive vocabulary. I cannot imagine any word, from Pneumonoultramicroscopicsilicovolcanoconiosis to supercalifragilisticexpialidocious to Bill Maher’s favorite, cunt, to “penis breath,” uttered by a child in the opening minutes of “E.T.”, that would be “inappropriate” in an improv, especially in a scene involving a sex worker and a pimp.
As you know, ethics stories often remind me of TV shows and movies. This one (see the video clip above) reminds me of a famous “MASH” episode, “The General Flipped At Dawn,” in which Harry Morgan, later to play lovable, crusty old Col. Potter, played an insane general. Reviewing the MASH squad, he asks Radar, “Where are you from, son?” Radar answers, “Iowa, sir..” only to have the General scream, “NO TALKING IN RANKS!!!!”
Maybe the improv instructor, Craig Rosen, flipped too. That would be an excuse, at least. But how do you explain the Assistant Dean? Continue reading →
(If you don’t know what this photo has to do with the FIRE report, you haven’t been paying attention…)
The FIRE, the heroic non-partisan non-profit that is dedicated to fighting restrictions on student speech, expression and other civil rights, has issued an important report showing how badly respect for Constitutionally guaranteed rights eroded during the Obama Administration’s embrace of the “war on women” narrative and radical feminist propaganda regarding the “rape culture” at American universities. From the press release:
“Spotlight on Due Process 2017” surveyed 53 of America’s top universities and found that a shocking 85 percent of schools receive a D or F grade for not ensuring due process rights. The schools were judged based on whether they guarantee those accused of campus misconduct 10 core elements of fair procedure, including adequate written notice of the allegations, the presumption of innocence, and the right to cross-examine all witnesses and accusers. FIRE awarded each institutional policy a grade based on how many of those elements it guaranteed.
“Most people will probably be surprised to learn that students are routinely expelled from college without so much as a hearing,” said Samantha Harris, FIRE’s vice president of policy research. “This report should be a huge red flag to students, parents, legislators, and the general public that an accused student’s academic and professional future often hinges on little more than the whim of college administrators.”
FIRE’s report found that 74 percent of top universities do not even guarantee accused students the right to be presumed innocent until proven guilty. Making matters still more unjust, fewer than half of schools reviewed (47 percent) require that fact-finders — the institution’s version of judge and/or jury — be impartial.
Additionally, 68 percent of institutions fail to consistently provide students a meaningful opportunity to cross-examine their accusers or the witnesses against them — despite the fact that the Supreme Court has called cross-examination the “greatest legal engine ever invented for the discovery of truth.”
Most universities try students under one set of procedures for sexual misconduct, and an entirely different set of procedures for all other offenses. Of the 49 institutions in the report that maintain separate policies for sexual and non-sexual misconduct, 57 percent grant students fewer procedural protections in sexual misconduct cases — even when those cases allege criminal behavior. Troublingly, 79 percent of top universities receive a D or F for failing to protect the due process rights of students accused of sexual misconduct….
The report later says that not one institution covered by the study received the top grade. Continue reading →
Many Japanese soldiers during World War II went into battle carrying small “Rising sun” flags, the red sphere on the field of white, with the white field decorated by hundreds of classmates, family members and friends. The flags were for good luck, and to link soldiers to their loved ones while they fought for the Emperor. I had never heard of this practice until today; my father served in the European theater, so he would not have known that many American soldiers took these personal talismans from the bodies of fallen Japanese soldiers as war trophies.
U.S. Marine Marvin Strombo was such a soldier. A member of an elite sniper platoon during the bloody battle for the Pacific island of Saipan in 1944, he had taken a flag from a dead Japanese soldier lying on his left side—he remembered that the young man looked like he was asleep—after he noticed something white sticking out from his jacket.
The flag with all the inscriptions on it hung behind glass in Strombo’s gun cabinet in his home in Montana for decades until 2012, when the son of his former commanding officer contacted him for assistance with a book he was writing about the exploits of his father’s platoon. (ARGHHH!I just remembered that I haven’t gotten back to a member of my Dad’s unit who wrote me a couple of months ago!) Working with the author, Strombo learned about the Obon Society, a nonprofit organization in Oregon that works to locate and return the personal Japanese flags to the families of the fallen soldiers who carried them. Researchers determined that the dead soldier Marvin’s flag had belonged to was named Yasue Sadao. What Strumbo thought was calligraphy were really the signatures of 180 friends and neighbors, including 42 relatives, who saw Yasue off to war from Higashi Shirakawa, a small village of about 2,400 people in the mountains roughly 200 miles west of Tokyo. Continue reading →
Yesterday, The Nation, the most Left of the Left’s major national publications, reported this:
There was no hack of the Democratic National Committee’s system on July 5 last year—not by the Russians, not by anyone else. Hard science now demonstrates it was a leak—a download executed locally with a memory key or a similarly portable data-storage device. In short, it was an inside job by someone with access to the DNC’s system. This casts serious doubt on the initial “hack,” as alleged, that led to the very consequential publication of a large store of documents on WikiLeaks last summer.
Forensic investigations of documents made public two weeks prior to the July 5 leak by the person or entity known as Guccifer 2.0 show that they were fraudulent: Before Guccifer posted them they were adulterated by cutting and pasting them into a blank template that had Russian as its default language. Guccifer took responsibility on June 15 for an intrusion the DNC reported on June 14 and professed to be a WikiLeaks source—claims essential to the official narrative implicating Russia in what was soon cast as an extensive hacking operation. To put the point simply, forensic science now devastates this narrative.
“This narrative” has been a cornerstone of the effort, undemocratic and indefensible, to undermine the legitimacy of Donald Trump’s Presidency from the beginning. It was launched as a primary rationalization for Hillary Clinton’s stunning loss, James Comey and a sexist, racist, stupid electorate being the others. As the Nation writes,
“The evolution of public discourse in the year since is worthy of scholarly study: Possibilities became allegations, and these became probabilities. Then the probabilities turned into certainties, and these evolved into what are now taken to be established truths. By my reckoning, it required a few days to a few weeks to advance from each of these stages to the next. This was accomplished via the indefensibly corrupt manipulations of language repeated incessantly in our leading media.”
The Nation’s report, essentially declaring that a major element in the “Russiagate” narrative, the DNC hacks, is fiction, that the intelligence agencies that declared it otherwise are wrong, and that Wikileaks, Russia, Putin and Donald Trump have been correct all along is noteworthy because the publication is no ally of the Republicans or Trump, but their declared intractable foes. This is an ideological publication, squarely in Bernie Sanders’ camp because it is run by Socialists like Bernie. But bias doesn’t necessarily make you stupid. The Nation has been around for a long time because while its analysis is colored by it view of humanity and the world, it has largely avoided the kind of dishonesty and distortion that are slowly destroying the credibility of CNN, Rolling Stone, the New York Times and others. The Nation has strived to maintain its integrity, not always succeeding, but obviously trying. Its staff believes that the truth supports its dedication to socialism, so it does not usually try to hide the truth—unlike the mainstream media reporters, for example, who apparently tried hard to make the troubling episode of Bill Clinton’s meeting with Loretta Lynch go away.Continue reading →
This was a wonderful gesture of kindness and reconciliation. It won’t mean much to those who don’t follow baseball, and that is Reason #478,653,222 why it’s a mistake not to follow baseball.
I’ve written about the Steve Bartman fiasco several times. I am not in the “Steve Bartman was an innocent victim of circumstance” camp, though he was a victim of moral luck. He was an incompetent baseball fan, not paying sufficient attention to the game and interfering with it as a direct result. On the other hand, for members of the 2003 Cubs to use him as a scapegoat for their blowing a lead, the game, and the play-offs, and for Chicago fans to hound him out of town and into hiding, was far worse than his negligence, the most disproportionate and vindictive treatment of a fan in sports history.
Here was my summary of the saga to date before the Cubs finally won the World Series after more than a century of failure:
Bartman, for those of you who have lived in a bank vault since 2003, was the hapless young Chicago Cubs fan who unintentionally interfered with a foul ball that might have been catchable by Cubs outfielder Moises Alou in the decisive game of 2003 National League Championship Series. In a perfect display of the dangers of moral luck, Bartman’s mistake—it didn’t help that he was wearing earphones and watching the ball rather than the action on the field—began a chain of random events that constituted a complete collapse by Chicago in that very same half-inning, sending the Miami Marlins and not the Cubs, who had seemed comfortably ahead, to the Series. Bartman, who issued a sincere and pitiful apology, was widely vilified and literally run out of town. He then became part of Cubs and baseball lore, one more chapter in the sad saga has been called “the Billy Goat Curse,” the uncanny inability of this team to win it all.
Yesterday the Cubs announced that the team had privately awarded Bartman an official Chicago Cubs 2016 World Series Championship ring as a special gift from the the Cubs organization. These things contain 214 diamonds at 5.5 karats, three karats of genuine red rubies and 2.5 karats of genuine sapphires, and are worth about $70,000. Even so, the symbolism is worth far more.
Eighteen-year-old Tyler Jarrell, of Columbus, Ohio, was killed Wednesday evening when the Fire Ball ride he was on at the Ohio State Fair broke apart in mid-air, the Ohio State Highway Patrol said. Seven people were also injured in the incident…The victims were transported to local hospitals and at least three are in critical condition.
On all the news channels I saw, including CNN, HLN, ABC, Fox and CBS, video taken by an onlooker was frozen at the moment the ride broke apart. As HLN’s cheery Robin Meade put it, “We’re not going to show the rest of the video, because it’s graphic and disturbing.”
Wait, Robin: YOU saw it. The producers saw it. Why don’t I get to see it?
I posted the unedited video above. It’s not any more graphic than this…
…and people paid to see that scene. But never mind, the silly hyper-protectiveness isn’t the ethics issue.
The ethics issue is that this is how journalists convince themselves that they can withhold information, or distort it, change it or spin it for our own good. No, I don’t grant them that privilege, or the role. The job of the news media is to let us know what happened, as thoroughly as they know it. Today it’s some people flying off of a malfunctioning fair ride, yesterday it’s that a President of the U.S. might have raped someone. Tomorrow it might be, oh, I don’t know, this story, which had barely nicked the news networks as of yesterday.
I don’t trust these people to decide what it’s healthy for me to watch. If they want to give warnings, fine. I want the news, the whole news, and nothing but the news. Continue reading →
[I was up until 3 AM watching a Red Sox game in Seattle that went 13 innings and five hours—they lost– and this doesn’t feel like morning, it feels like Hell. I’m dictating this to my dog, and hoping it warms ME up…]
1. The American Psychoanalytic Association told its 3,500 members that they should not feel bound by the so-called “Goldwater Rule,” which the rival American Psychiatric Association announced in 1964, prohibiting its members from diagnosing political figures from afar without the benefit of actually examining them. It’s an ethics rule, an obvious one, and shouldn’t be controversial. As I have documented here, however, professionals of all kinds have allowed anti-Trump bias, panic and fervor to dissolve their ethical standards. The groups afflicted include college presidents, teachers, scientists, lawyers, judges, historians, legal ethicists, journalists and artists. Nobody should be shocked that psychiatrists are eager to do the same. As with the other professionals, all they will accomplish is an erosion of public respect and trust. I thought Ann Althouse’s response to the announcement was spot on:
Let them speak, and then the rest of us will speak about whether they are professionals deserving of deference or human beings like the rest of us who can’t keep our political preferences from skewing whatever it is we might think about some pressing issue of the day.
Go ahead, expose yourselves. Let us see all narcissism, impulsivity, poor attention span, paranoia, and other traits that impair your ability to lead.
2. I’m not devoting a solo post to the ridiculous Trump Boy Scout speech controversy, because despite all the efforts of the news media to maintain otherwise, it was not a scandal, was not a big deal, was not an enduring scar on the Boy Scouts of America, and is mostly significant as demonstrating how distorted the perception of those who are verging on being physically allergic to the President has become. Some points that have arisen in the thread about the speech are important to note, however. Continue reading →
…and gee, it’s good to be back home! You have no idea how good it is.
1. ARRRGH! I returned to Ethics Alarms with 6 pending comments, and I want to apologize profusely for the back-up, especially to poor Paul Schlecht, whose avatar inexplicably makes WordPress hold every single one of his comments in moderation until I rescue it. Only one post got up yesterday, and that was a close call: I was in resort/airport/travel Hell yesterday in Daytona Beach, then Charlotte, pretty much from the moment I got my wake-up call at 6 AM to when my plane finally arrived at D.C.’s Reagan National Airport at just short of 1 am. today.
At least my law firm retreat seminar on legal ethics and technology was lively, but now I am way behind on posts, and also not exactly at the top of my game. Again, my apologies to all. And I’ve got to get a new laptop without a jumping cursor and that doesn’t crash my browser every 20 minutes or so.
2. I mentioned last week that the New York Times Sunday Review section is a weekly exercise in anti-President Trump porn. I couldn’t find a Sunday Times yesterday, so as a test, I’m going to open the copy my wife saved for me and look at the section now.
Let’s see…well the above the fold story is a feature about “why women aren’t CEOs.” The anti-Trump shot doesn’t come until the last paragraph, where the author, Susan Chira, couldn’t help herself from quoting Hillary Clinton as she blamed misogyny for her defeat. The Deplorables, you know. The second story on the front page is a mocking piece by a British historian, about a new Trump Doctrine, but with the term in scare quotes. How dare the President stand up for Western Civilization, we are asked to consider? This author, Stephen Wertheim, claims that the Trump administration’s problems with Iran, North Korea and China are based in racism and religious bias. (Obama’s problems with the same nations were, presumably, based on a sincere concern for peace.) The essay is also fairly anti-American, but concludes with the insult that the problem with the President isn’t so much what he does as who he is.
This is essentially the argument of “the resistance.” You know. Bigotry.
Let’s see—that piece took up all of page two, so we move on to page three. Two op-eds are there, one again mocking the ex-press secretary Sean Spicer, which the Times editorial board had already done, and the other, by Frank Bruni, attacking Jared Kushner. It closes with this, in part:
His counsel to Trump has been flawed, to say the least. He reportedly lobbied for the firing of James Comey, which didn’t turn out so well….I hear that he feels persecuted. Wronged. In that regard, too, he’s like his father-in-law, though Trump wears his self-pity, fury and ruthlessness right out front, for the whole world to see.
This is the company line. Actually, firing Comey turned out spectacularly well: the President was able to get rid of a highly placed leaker who had proven himself incompetent and untrustworthy. Bruni and the Times feel it was a mistake because the completely legal, appropriate, indeed overdue dismissal brought down the ire of the news media determined to get rid of the President. Message: When will you learn that we call the shots, you fool?
In fact, the President and his entire family have been persecuted by the Times from the very beginning, in obvious contrast to the news media’s disgusting fawning over the Clintons and Obamas, and even their chilly respect for the Bushes.
On to page four! Oh! Here’s a cartoon of the President as Donald Duck, and an op-ed by a New York City mother about how embarrassing it is to have a toddler who–The Horror!—likes the President of the United States! Beneath that screed, with a picture of Don, Jr., is an op-ed attacking another member of the President’s family in a piece about “men who never grow up.” The Trump boys are lumped in with Billy Bush, Ryan Lochte (the moronic Olympic swimmer), the fortunate college rapist Brock Turner, and the police officers who shot Tamir Rice! Funny, the nation’s most prominent perpetual adolescent, who embarrassed the whole nation by using the White House as his passion pit, is never mentioned.
The non-Trump stories then take over for a few pages, and we’re finally at the editorial page. Two of the three editorials attack the President’s policies as the embodiment of evil: one condemns the very concept of the Election Integrity Commission— did you know that trying to find out how much actual voter fraud there is constitutes voter suppression?—and the other uses the President’s border wall plan as a prop to level general insults. The rest of that page is devoted to a special selection of Letters to the Editor critical of…Donald Trump! Every one, all ten. You’re right, NYT, the paper doesn’t reflect this opinion thoroughly enough. On the facing page, two of the three op-eds consist of more Trump bashing. Maureen Dowd is one, but to be fair, all she does is level snark at everyone. The other is a second attack on Jared Kushner, because one per section is not enough.
The total: Nine Trump-hate pieces, plus ten anti-Trump letters, and not a single supportive word, balanced analysis, or defense. And the Sunday Review section is like this every week.
3. I can’t believe I’m writing this. The Discovery Channel’s always idiotic and often misleading “Shark Week” told audiences that Olympic Gold Medal swimmer Michael Phelps would be racing a Great White Shark in the ocean. Admittedly, most potential viewers should be smart enough to figure out that there had to be a catch (no pun intended) despite the misleading title “Phelps vs. Shark: Great Gold vs Great White.” They should be, but we know they aren’t, based on the other stupid shows they fall for on the network, and also because there have been three “Sharknado” movies with a fourth on the way. That Discovery Channel title is a lie: Phelps never was in the water with a shark; he never saw a shark; he never raced a shark. He “raced’ a computer-generated shark that was put into the film after Phelps was safe and dry. Some of Phelps’ gullible fans are annoyed.
They should be. On the other hand, they are morons. The entire exercise should have taken about 6 seconds, the amount of time it takes to say “White sharks swim faster than humans, even Olympic champions. Bye.” Continue reading →
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