Comment Of The Day: “Morning Ethics Warm-Up, 11/18/19: Complainers…” (Item#4)

The first Ethics Alarms post on my new “Ideapad,” in a DoubleTree in Fairfield, New Jersey, at about 1 am,  after a miserable 4 and a half-hour drive. Fortunately for you and me, it is a Comment of the Day, in which johnburger213 has done all the thought. It’s a tale of multiple jerks and assholes, with a child involved and the news media turning into a across-the-internet controversy a matter that in bygone days wouldn’t have traveled a city block.

Here is johnburger’s Comment of the Day that is only incidentally on the post, “Morning Ethics Warm-Up, 11/18/19: Complainers, Climate Hysterics, Tiny Tims And Fake News”:

Not exactly on point, but there is this story out of Texas: It seems a mom likes to put notes in her 5 year old son’s lunch kit* to remind him she loves him when he eats lunch at daycare. Well, as luck would have it, she put a note in his lunch, asking the daycare worker to tell her son she loves him very much. The daycare worker would have none of that nonsense, so he/she wrote the mother telling her to put her son on a diet instead. Here is a link to the story:

https://abcnews.go.com/US/day-care-worker-fat-shames-year-boy-leaving/story?id=67100183

Now, the daycare worker is a jerk and should be strung up by his/her thumbs for doing something so idiotic. I wonder what goes through the mind of someone who deals with youngsters at a daycare who would tell the mother that said daycare worker would, in fact, NOT tell the child that mommy loves him/her, and would do so by writing a note back to the mother, effectively telling the mother she is a bad parent. Seems cruel to me. Continue reading

Morning Ethics Warm-Up, 11/18/19: Complainers, Climate Hysterics, Tiny Tims And Fake News

Good morning!

Good news! You won’t be thinking I’m dead any more, at least not until I am.  The combination of some complicated travel itineraries and the death of my laptop resulted in uncharacteristic interruptions of the dialogue here, twice causing soem readers to speculate on my demise, or at least incapacity. No, it was just that budgetary priorities made replacing the travel computer a bit less urgent than things like a new roof, a car that runs, things like that. Over the weekend I address the computer problem, and not a second too soon, as I will be setting off today on yet another New Jersey odyssey. Paul Morella and I will be presenting editions of our Clarence Darrow legal ethics program for N.J. lawyers in Brunswick and Fairfield,  sandwiched in between about 9 hours of driving, but I should be able to keep the ethics fires burning to some extent. Unless I’m dead, of course. As my fatalistic father liked to say cheerily , driving my morbid mom crazy, “You never know!”

1. God bless them, every one! This is one example of non-traditional casting I agree with: increasing numbers of “A Christmas Carol” productions are casting children with disabilities to play Tiny Tim. I would fight to the death for the right of a fully-able young actor to play the roles, as well as for the right of a director to cast one. However, the show presents such an ideal opportunity for a child who normally might not  have many chances to a play any  role on stage  because of his physical limitations that it seems like a shame to let it pass. I also agree with the directors who opine that having a genuinely challenged Tiny Tim gives some extra oomph to the show.

Is it exploitative? Sure, to some extent. That, however, is show business.

I draw the line, however, at casting Cratchit children who are different races than their parents, making it look like Mrs. Cratchit has been turning tricks to make ends meet, or “Tiny Tina.”

2.  Here’s another kind of “fake news”…Yahoo! News felt that an entire post was necessary to inform the world that the President had screened “Joker” at the White House. Why is this news, or even mildly interesting? It’s a big movie, with lots of buzz. Presidents have screened movies at the White House for decades, usually without comment from the news media. Now, if he had screened the original “Birth of a Nation,” like racist Woodrow Wilson, or “Tusk,” that might be worth a small news item.

Let’s see, what other fake news items (as in thins that don’t qualify as news) are there on Yahoo!? How about “Michelle Obama Looked Incredible in a Yellow Corseted Schiaparelli Gown at the American Portrait Gala”? For some reason, I thought the fawning over Michelle, which as always hyperbolic and excessive, might have abated since she left the White House, after all, the news media quit going bonkers over every Jackie Kennedy ensemble once she wasn’t First Lady any more. Then there’s the matter of the gown Yahoo! is raving about… Continue reading

And Now It’s Zombie James Dean…

From The Hollywood Reporter:

James Dean, who died in a 1955 car crash at the age of 24, is making an unexpected return to the big screen. The cultural icon, known for Rebel Without a Cause and East of Eden, has been posthumously cast in the Vietnam era action-drama Finding Jack.

Directed by Anton Ernst and Tati Golykh, the project comes from the filmmakers’ own recently launched production house Magic City Films, which obtained the rights to use Dean’s image from his family. Canadian VFX banner Imagine Engine will be working alongside South African VFX company MOI Worldwide to re-create what the filmmakers describe as “a realistic version of James Dean.”

We all saw this coming, didn’t we? Since this is about involuntarily resuscitating dead actors so greedy family members can put them to work doing whatever a director screenwriter wants them to do, I feel no need to write a new post, especially since my position hasn’t changed one bit from the other instances in which I looked at this issue. So here it is again, lightly edited… Continue reading

“I’m Baaaack….” Ethics Catch-Up, 11/1/2019: And Answer, A Rebuke, And A Shock

Rolled back into Alexandria last night, having had an uproarious response from the New Jersey Bar to the special Halloween edition of “Ethics Rock Extreme in Asbury Park seven hours earlier.  The group of lawyers demolished all previous groups for sing-along enthusiasm and prowess in the finale, “The Ethics Man,” a parody of Billy Joel’s “Piano Man.” (My colleague, collaborator and friend Mike Messer gets credit for their verve, I think, for he was in top form, delivering the various songs in hilarious impressions of Joel, Paul Simon, Bob Dylan, Johnny Cash, John Fogarty, and Bobby Pickett imitating Boris Karloff. among others.

I couldn’t get up the energy after the four-hour drive to get a post up last night, so the Ethics Alarms commentariat ended up holding down the metaphorical fort here for all of Halloween. I haven’t had a chance to read all of the comments, but thank-you, everyone. There were even some baseball ethics posts!

Still, there are a lot of ethics issues languishing in my absence. I’m fried, and there are also paying ethics jobs to do and promised to keep, so be patient with me, please.

1. An ethics answer to an ethics question. One Forum comment I did see was this one, from Sarah B.

I have an ethics question. The set up is a bit long, so please bear with me.

Imagine a small town where one out of every nine people works for the same company. Now, this company hires predominantly men, not because it is sexist, but because the work and positions available are more likely to be applied for by men. 9 out of every ten employees are male. In addition, it pays well enough that if a married man were to work in a salaried position, he could make enough money that his wife could stay home with the children if the couple displayed only a modicum of frugality. Thus, most stay-at-home mothers in the community have a husband who works for the same employer, usually in different stages of the chain of command.

Now, imagine that there was a low level supervisor and one of his subordinates. They are of similar ages and have similar values. Their wives are of similar ages and find each other to be enjoyable company. Their children are of similar ages and like to play together. Also, no one else in the supervisor’s area is of a similar age, value system, or time in their families. (No kids or college age kids)

Is it unethical for these two families to hang out socially? What if it is just the wives and kids, not the husbands? What about kids birthday parties, as the kids are friends?

I have heard both sides of this argument played out in my town, but often with both sides using some set of rationalizations from our host’s list. I’d like to hear a more educated opinion here.

Continue reading

Morning Ethics Warm-Up, 10/30/2019: “Happy Birthday Little Sister!” Edition

Good Morning!

Today marks the birthday of my younger sister, whom I have referred to here frequently. Growing up with her and following her life and career imbued me with an early and ongoing appreciation of the effects of sexism and pro-male bias in society, and I’m indebted to her for that. She has always equaled or surpassed me in ability and enterprise, yet often watched me receive more credit or praise for the same things she could do and did without similar acclaim. I know she resented me for that (probably still does—she won’t read Ethics Alarms, for example), and it frequently bruised our relationship over the years. She also taught me about moral luck: in general, I have been persistently  lucky, and she has not, and the difference was so evident that I learned very early in life not to congratulate myself for how the dice fell. She is finally happy in retirement, is about to welcome the first grandchild for this generation of Marshalls, her two adult children are healthy and prospering, and her beloved Nationals just forced a Game 7 in the World Series. She will have a happy birthday. Good. She deserves it.

1. Tales of the double standard, and the imaginary double standard. MSNBC and much of the progressive noise machine has decided to paint Rep. Katie Hill as a victim of a “vast right wing conspiracy,” in Hillary’s immortal phrase, and a vicious husband. If he indeed was the one who shared the salacious photos of Hill involved in various sex acts,  vicious he certainly is. But how can anyone say, as lawyer Carrie Goldberg does, that  “Katie Hill was taken down by three things: an abusive ex, a misogynist far-right media apparatus, and a society that was gleeful about sexually humiliating a young woman in power…None of those elements would be here if it were a male victim. It is because she is female that this happened’? Nonsense, and deceptive nonsense.

Hill resigned because a House ethics investigation was underway regarding her admitted sexual affair with a Congressional staffer and an alleged affair with her legislative director. She was not going to be kicked out of Congress for either or both; she probably resigned in part because she knew the investigation was going to turn up more and worse. The Naked Congresswoman Principle also played a part, as I discussed here. Does anyone really believe that equivalent photos of a male member of Congress displaying his naughty bits in flagrante delicto (my late, great, law school roomie loved saying that phrase) with both sexes would be shrugged off by his constituents and the news media? Who are they kidding?

Hill was arrogant and reckless, and is paying the predictable price, though she was not smart enough to predict it. Trail-blazers—I’m not sure being the first openly bi-sexual member of Congress is much  of a trail to blaze, but never mind—are always under special scrutiny and have to avoid scandal at all costs. Did Hill ever hear of Jackie Robinson? Allowing those photos to come into existence showed terrible judgment; using her staff as a dating resource was hypocritical for a member of the  #MeToo party and workplace misconduct too.

The fact that she is being defended tells us all we need to know about the integrity of her  defenders. Continue reading

Now THIS Is Child Abuse—So Why Is A Texas Jury Enabling It?

That’s James’ father with him on the left, and his mother, after dressing James as “Luna,” on the right.

A jury in Dallas, Texas jjust ruled against Jeffrey Younger,  who is trying to stop his son’s’ mother, Dr. Anne Georgulas,  from “transitioning” him—his current name is James–into “Luna,” a female. Dr. Geogulas now can start the boy on puberty blockers and eventually cross-sex hormones.

Eleven of the twelve  jurors rejected James’ fathers petition to be granted sole conservatorship over his two sons. In this bitter custody fight, he argued that his ex-wife is “transitioning” James against the boy’s will.

I neglected to mention that James is seven years old. He cannot meaningfully consent to being chemically and eventually surgically transformed into a female at that age. It is astounding that this is legal in Texas or anywhere else. It is child abuse. It is an abuse of parental power. It is abuse that political agendas and cheerleading from the popular culture is inflicting on innocent children without adequate research or cause. Continue reading

An Ethics Movie Review: “The Mule”

I was not eager to see “The Mule,” for many reasons. Stories in which the protagonist is a drug dealer don’t interest me at all; I avoided “Breaking Bad” and “Weeds” for the same reason. The popular culture, especially Hollywood, played a major role in breaking down society’s consensus disapproval of recreational drug use, and I hope they are proud of all the harm they have caused, and the greater harm yet to come.

Then there is the fact that seeing Clint Eastwood looking like the Cryptkeeper (from HBO’s “Tales of the Crypt”) depresses me. I remember Clint from his “Rawhide” days, and seeing his ruined beauty makes me feel like I’m watching the villain rot at the end of “Indiana Jones and the Last Crusade” when he “chooses poorly,” but for real. I admired Cary Grant’s decision to stop making movies when he began to stop looking like Cary Grant, and Marlene Dietrich’s determination not to appear in public so that people would remember her as one of Hollywood’s great beauties, and not as an old lady.

But as often in the case for me, having limited options of films to watch while stuck in in a hotel made Eastwood’s latest directorial and performing effort the best of a bad group of entertainment choices. The film is based on the  true story of a ninety-year-old man (Clint isn’t quite that old, but he looks it) who became a drug mule, transporting  cocaine for a  Mexican drug cartel. The film has an excellent supporting cast including Bradley Cooper, Laurence Fishburne, Dianne Wiest and Andy Garcia. (who also looks like hell), though none of them have much to do except be props for Clint’s star turn.

To do as little spoiling as possible, I’ll just say that the story involves an aging—aged—narcissist who has neglected his family outrageously, falls into a lucrative gig transporting drugs because he loves to drive, has never had a ticket, and is unlikely to attract attention. Then he suddenly decides to make the needs of his family a priority over work for the first time in his life, getting him arrested and almost killed.

Clint still has his screen presence and charm, which is fortunate, because the central character, Earl Stone, is a selfish jerk. His toxic personal habits don’t seem so bad when the victims are  drug smugglers, but when, early in the movie, he skips his daughter’s wedding without warning because he’d rather be at a sales convention partying with his colleagues, it is hard to care what happens to him.

We quickly learn that this betrayal was characteristic of Earl, and that he rationalizes them all, arguing that he was absent from his family to provide for them, and is blameless. It’s clearly a lie: his family bores him, and he does exactly what he wants to do, always. Sometimes Earl helps people and is randomly kind, as when we see him pause in one of his drug runs to help a couple stranded on the road. Other times, he doesn’t give a damn.

When a family argument breaks out as he attempts to attend his grand-daughter’s bridal shower, a guest overhears that Earl has lost his home and business (that’s really why he showed up at his granddaughter’s place—that and the fact that she was the only family member still on speaking terms with him) and gives him a phone number. These people will pay him well just for driving, Earl is told. Continue reading

Afternoon Ethics Jolt, 10/8/2019: Gaslighting, And Other Lousy Things To Do…

HI!

1. Impeachment junk! There is so, so much of this. I am trying to decide if my launching an impeachment information and commentary website is feasible (for me, and any volunteers who step up), but it certainly is necessary.

  • Deja vu…I am again hearing and reading the opinion that the President’s various maneuvers to block testimony and subpoenas are indications of guilt. This is why the Democratic Party’s creeping totalitarianism is ominous—people slip so easily into totalitarian mindsets. “If you have nothing to hide, you have nothing to fear!’ is an anti-civil rights position, and yet here are alleged progressives chanting that Orwellian motto again.

The President has every reason to regard the Democratic fishing expeditions and non-inquiry inquiry into impeachment as an attack on the Separation of Powers and Constitutional government itself. Thus he has every right to make Congress’s abuse of process as difficult as possible, whether he has anything to hide, or not.

Circulating claims of Trump-Russian collusion prior to the 2016 election didn’t work. Using foreign-supplied fake intelligence, from a British spy who utilized Russian sources, to obtain surveillance of the Trump campaign and transition team didn’t work.Intimidating Electoral College Electors to change their votes after the election didn’t work. Having the Director of the FBI lie to, set up and try to entrap the president didn’t work. Having that same FBI Director leak memos to the media to manufacture grounds for a Special Counsel didn’t work.Trying to invoke the 25th Amendment to declare the president unable to perform the job didn’t work.Two years of the Mueller Investigation didn’t work.Three years of a permanent crisis news cycle meant to paralyze the administration didn’t work.

After all these failures to unwind the 2016 election, Democrats and the mainstream media are trying a new tactic: Create a Star Chamber “impeachment” process fueled by anonymous whistleblowers and selective leaks that is not so much designed to remove the president, though they would if they could, but to manipulate the 2020 election…By cloaking witnesses with the protection of whistleblowers, the whistleblower protections are being abused. In response to the announcement of Whistleblower No. 2, we remarked: “Abuse of whistleblower protections. This person is simply a witness to someone else’s complaint who already has been interviewed. Weaponization of whistleblower laws is yet another breach of norms in effort to unwind 2016 election.”…With Whistleblower No. 1 failing to fulfill the mission, there was a leak to the NY Times of a potential Whistleblower No. 2. That’s how this is going to work, there will be leaks to the media to frame the public narrative just like regarding supposed Russian-collusion.”

I think this is probably right.

  • Don’t confuse them with facts, their minds are made up. Ann Althouse passed along Sheryl Attkisson’s tweet:

  • Nah, there’s no mainstream media bias! Also from Althouse, we learn that the following headline is on the Washington Post’s front page:

“The GOP’s bootlicking cowardice knows no bounds.”

  • Polls, for whatever they’re worth…According to one poll, President Trump is gaining among independent voters in head-to-head matchups with the Democratic presidential front-runners, according to a new IBD-TIPP poll. This would be expected by anyone other than deranged, impeachment obsessed Democrats, since the non-biased could be anticipated to object to a party attempting to circumvent an election through abuse of the system. but who knows. Conservative pundit Matt Margolis writes, “Many on the right have warned Democrats that impeachment fever will only benefit Trump in the long run—and they appear to be proven right by this poll.”

Wrong. How can a poll “prove ” anything? Yet polls are always being offered as “proof.” It isn’t even honest to describe them as evidence. Continue reading

“Forget It, Jake, It’s Canada!”: The Craziest Ethics Ruling Ever!

Pervert!

Alexandru Tanase, a Canadian dental hygienist, has been stripped of his license because he violated an ethics regulation forbidding sexual relations between dental hygienists and their patients even if they are married. Many professionals have such ethics prohibitions, including lawyers. Tanase’s patient in this case, however, was his wife.

The College of Dental Hygienists of Ontario felt that a disciplinary hearing was necessary following a complaint against Tanase made by a jerk of a colleague who had read a Facebook post from Tanase’s wife about the care he had provided her.  It wasn’t the first time: they had become romantically involved after Tanase had learned that she had neglected her teeth for years out of fear, and agreed to provide free in-office treatment as a kindness. This was in 2012; by 2014, the platonic friendship had turned to  love, and they later became man and wife. Because of Ontario’s no-sex-with-dental-hygiene-patients rule, Tanase had stopped cleaning her teeth around this time. Ontario enacted the zero-tolerance policy in 1993 to protect patients from sexual exploitation, and under the (lazy and stupidly written) law, mutual consent creates no exceptions. Continue reading

Morning Ethics Warm-Up, 9/19/2019: Easy Ethics Edition [Corrected]

I’m baaaack!

Ann Althouse has boasted that she has only missed one day of blogging since she started the Althouse blog, long before Ethics Alarms took its first metaphorical breath. This has enlightened me regarding how much time tenured professors must have on their hands. Missing a full two days of ethics commentary, as I did this week, makes me feel like an irresponsible slug-a-bed who is betraying loyal readers who depend on a service, but it was literally impossible for me to research a post, never mind write one, between hotels, meetings with my teaching partner, meals, travel and the seminars themselves. When I finally arrived at home and office, I almost immediately had to handle a long conference call in which I was quizzed on some tricky legal ethics issues, and then was officially brain dead for the rest of the evening. It is hard to think clearly about ethics when one is exhausted. And I still am, but the warm-up format is a relatively safe way to ease myself back into the saddle.

Thanks for your patience and understanding.

1. Getting the really important stuff out of the way first...Sean Spicer made his debut on “Dancing With The Stars.” I posted last month about the double -standards and bias of the pundits who criticized the show for having the former White House spokesman as a contestant, and their animus is still one more example of unethical mainstream media partisanship. However, Spicer taking a pay-off to look ridiculous on national television—he gets $125,000 for each week he “dances” before he is mercifully voted off—is unprofessional, even though increasing numbers of public servants are doing it. Spicer is giving media critics of the President another stick to beat him with, and denigrating his own role as well as the administration by casting himself as a clown.

Spicer was a slow loris even by the miserable recent standards of press secretaries, and emblematic of how the President’s pledge to appoint and hire “the best people” appears in retrospect as a cruel joke. I can’t say I feel sorry for him, still, in presenting himself as target, he has provoked the mistreatment media into exposing its pettiness and apparently irrepressible gratuitous hostility to the President. The New York Times covered Spicer’s terpsichoral misadventures in the politics section, so it could write sections like…

In the White House, Mr. Spicer held a job that has usually been considered a golden ticket to future respectability and financial comfort. His predecessors have landed in lucrative corporate gigs at Amazon and United Airlines, or become the hosts of their own television programs. But trading in his famously ill-fitting suit to become a trending neon GIF felt like the culmination of a different kind of post-White House journey, one that is q.uintessentially Trump.

The job has been a “golden ticket” for “respectability” for recent press secretaries of Democratic administrations, because the mainstream news media seldom had adversarial relationships with Presidents they helped elect. Of course, the Republican varieties who have been hired by Fox News aren’t respectable. Spicer’s fate is “quintessentially Trump” because the current President is the first that the press has refused to grant even minimal respect from the beginning of his administration. Continue reading