Category Archives: Gender and Sex

Morning Ethics Warm-Up, 11/20/18: Sad Scam, Old Movie, New Rules, Idiotic Emails, And Dead Dinner

Good Morning

Items of note…

1. The Johnny Bobbitt scam story continues...That heartwarming story I highlighted in an Ethics Hero post last year continues to deteriorate. Kate McClure, who conspired with homeless vet Bobbitt to persuade old softies to give over $400,000 to a GoFundMe campaign apparently blames her complicit boyfriend for the debacle.  In a recording shared with “Good Morning America”  by her lawyers, McClure is heard telling her now ex- ( I assume he’s now an ex…) Mark D’Amico,  “You started the whole fucking thing, you did everything! I had no part in any of this, and I’m the one fucking taking the fall!”

I don’t understand the reasoning of people who make this kind of argument. McClure went on TV to tell her phony story, which was about her getting stranded and being rescued by Bobbitt. How can she accuse D’Amico of “starting the whole thing”? Even if the plot was his idea, all she had to do was say “no.” “He made me do it” was always a lame excuse, and when women use it to duck accountability today it is lamer than ever. Did D’Amico hold a gun to her head? Have her parents bound and gagged as hostages? Absent those forms of coercion or something equivalent, she has no argument for avoiding accountability.

2.  “Sixteen Candles” ethics: Why didn’t anyone show this scene during the Kavanaugh hearings?  Since I’ve been wiped out with my Three Year Killer Cold, I’ve been watching all sorts of strange things on TV. Late last night it was the John Hughes 1984 classic “Sixteen Candles,” now a special target of the Officially Offended and the Political Correctness Police. Ah, those golden, halycon days when a film could get laughs with a goofy Chinese character named Long Duc Dong who could be introduced with a gong sound  every time he appeared and who inexplicably dived out of a tree shouting (in Japanese) “Bonzai!”  Cringe-producing though it is, the film still provides valuable cultural perspective.

I had forgotten the scene in which awkward, scrawny, horny young teen Anthony Michael Hall jumps Molly Ringwald not once but twice in rapid succession, misunderstanding, somehow, her friendly demeanor as a come-on. She effortlessly pushes him away both times, he is abashed, she shrugs it off, and they continue talking. Hall’s actions nonetheless would be described by many today as a sexual assault, when in the film they were originally intended to represent—and did— a typical embarrassing experiment as a maturing child explores sexual norms.

I imagine that the “attempted rape” described by Dr. Blasey Ford might well have looked just as ridiculous if it had been filmed. I also imagined Ringwald’s character, now flushed with progressive fervor and “woke,” deciding decades later to reframe the absurd encounter all those decades ago as something it was not, and crashing a now mature Anthony Michael Hall’s reputation and career to the applause of the progressive echo chamber.

Anthony Michael Hall is just three years younger than Brett Kavanaugh. Here is what he looks like now, and how he appeared when he covered Molly Ringwald like an octopus in “Sixteen Candles.” . The time frame of the film is approximately the same as the alleged Kavanaugh-Ford incident.

How can anyone seriously—not just seriously, but self-righteously and angrily— argue that the conduct of the child in a completely different cultural context is relevant to the trustworthiness of the adult? Continue reading

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Filed under Arts & Entertainment, Childhood and children, Ethics Heroes, Ethics Train Wrecks, Etiquette and manners, Gender and Sex, Government & Politics, Journalism & Media, Law & Law Enforcement, Popular Culture, The Internet, U.S. Society, Workplace

Thanksgiving Week Launch Ethics Warm-Up, 11/19/18: Turkeys

Good Morning.

1. This is weird. The Florida Supreme Court released a long-awaited decision concerning whether a judge’s Facebook friendship with an attorney should be  grounds for disqualification if the attorney is arguing a case before that judge. The 4-3 opinion holds that:

In some circumstances, the relationship between a judge and a litigant, lawyer, or other person involved in a case will be a basis for disqualification of the judge. Particular friendship relationships may present such circumstances requiring disqualification. But our case law clearly establishes that not every relationship characterized as a friendship provides a basis for disqualification. And there is no reason that Facebook “friendships”—which regularly involve strangers—should be singled out and subjected to a per se rule of disqualification. 

I could not disagree more. A friend request from a judge is inherently coercive, and creates pressure on the lawyer to accept. Who wants to tell a judge that he doesn’t want to be his friend? Other bar associations and courts have held that it is improper for judges and lawyers to “friend” each other if there is any chance that the judge will be presiding over the lawyer’s cases, and that is the wiser rule. My own preference would be for judges to stay off social media entirely, except for close friends and family. They can only get in trouble there.

2. And this is much weirder…Apparently an app, ‘Santa Call New 2018,’ briefly available for download at the Amazon Children’s Store, would place a call to “Santa”when kids pressed the ‘call’ button, and Jolly Saint Nick would reply, “Hello there. Can you hear me, children? In five nights, if you’re free, I will look for you, I will find you, and I will kill you.”

Amazon is investigating.

Happy Holidays! Continue reading

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Filed under "bias makes you stupid", Childhood and children, Ethics Alarms Award Nominee, Ethics Dunces, Etiquette and manners, Facebook, Gender and Sex, Government & Politics, Journalism & Media, language, Law & Law Enforcement, Leadership, Professions, Social Media, Unethical App

Sunday Ethics Warm-Up, 11/18/18: “The Show Must Go On” Edition

Here we are.

After a brief recovery Friday the 16th, an early morning seminar for D.C. Bar admittees yesterday crashed me entirely, which is why there were no posts. I almost didn’t make it to the end of the program, which surprised and alarmed me; the last few minutes were excruciating. But I have never cancelled a seminar, and when I do, it will be because my metaphorical chips are about to be cashed. Those who know my theatrical history will recall that I damaged my lungs in college staging and performing a professional dinner theater show six days a week (during final exams)  while I was suffering from a serious bronchitis attack; that I refused to cancel in-door performances of The American Century Theater (RIP) during snow storms, and one out-door performance during an electrical storm. Not being able to do my job and fulfill my responsibilities due to illness or injury absolutely crushes me (like many of my obsessions, this one is partially Dad’s fault: he refused to take sick days), and keeping Ethics Alarms current is the least burdensome of my responsibilities.

Once again, I apologize.

1. More apologies, Arlington High School Dept.: My ill-timed illness is also keeping me away from my 50th high school class reunion. I intended to make it, and wanted to make it: I had a wonderful time in high school, and met many of the best people I have ever known while I was there. Past reunions have been somewhat depressing for me: seeing people I remember vividly as young, vital and full of excitement for the future looking as old as they are and often feeling defeated by life makes me feel old, and the inevitable sad cases who feel he or she has to boast about successes and wonderful kids caused me stress as I barely controlled the urge to tell them off. Nonetheless, I regard attendance at such milestones as an obligation to the past, a demonstration of respect for where we have come from and the people and institutions that got us to where we are. And, of course, the more old friends who attend, the better the experience is for everyone. I wish there was a way to let my classmates know that I still think about them and care about them. This blog isn’t it.

2. Who made bad losers in politics respectable? When public trust in democratic institutions reached some yet-to-be-determined tipping point, a democracy is finished. Once, not too long ago, the tradition in American politics was that the defeated candidate—the office didn’t matter, nor did the margin of victory—conceded the race in a timely fashion, congratulated his or her opponent, and vowed to help and assist the victor as much as possible.  This not only modeled graciousness and good sportsmanship, but also protected the system. Now every election shows this healthy model being further pushed into cultural obscurity, with a new low being established in Georgia last week, when the loser of the governor’s race, Stacey Abrams, blamed her loss on a failure of democracy, refused to officially concede while admitting that she had lost, and announced a lawsuit alleging that Governor-Elect Brian Kemp and Republicans had tampered with the election without offering any proof or evidence. Well, maybe this wasn’t the new low; it would be hard to top Roy Moore.

3. The new Title IX rules. The Education Department finally released new guidance on how  Title IX, the federal statute that forbids sex and gender-based discrimination in public schools and colleges, should be enforced. This was desperately needed after the Obama Administration had muddled and corrupted the process with blatant gender bias and its infamous “Dear Colleague” letter, creating a culture that undermined free expression and due process on college campuses and due process rights for students accused of sexual misconduct. Continue reading

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Filed under Education, Etiquette and manners, Gender and Sex, Government & Politics, Rights

Morning Ethics Warm-Up, 11/16/18: Big Lies, Bad Precedents, And Good Bias (Apparently: I Guess I Just Don’t Understand)

Good Morning!

(You can tell I’m starting to feel better, because the morning warm-up is actually appearing before noon… I had an unavoidable early morning conference call, and I’m hoping to get the post up before I crash.)

1. Regarding the hypothetical Hillary pardon briefly discussed in the previous post…An esteemed commenter corrected me in the comment thread when I stated incorrectly that the object of a Presidential pardon couldn’t refuse the gift: the 1915 SCOTUS case of Burdick v. US says otherwise. The case is one more example of how a bad decision can become settled law. From the New York Times:

The story behind the 1915 case is little known but very relevant today. It involved the city editor of The New York Tribune, George Burdick, who…flatly refused to testify before a federal grand jury about his sources for an article on fraud in the United States Custom House in New York. He said he might incriminate himself in his testimony. The federal prosecutor saw a quick pardon as the answer to this problem, and President Woodrow Wilson agreed.

Wilson gave Burdick “a full and unconditional pardon for all offenses against the United States” he might have committed in connection with the article and for any other matter the grand jury might ask him about. That would seem to have let Burdick off the hook, but he still didn’t want to testify. He refused to accept the pardon, and was locked up for contempt.

The case went to the Supreme Court, which held that Burdick was within his rights and ordered him discharged. In doing so, the court embraced Chief Justice John Marshall’s 1833 definition of a pardon as “a private, though official” act of grace whose validity depended on its acceptance: “It may then be rejected by the person to whom it is tendered; and if it be rejected, we have discovered no power in a court to force it on him.”

Marshall’s pronouncements, in United States v. Wilson, were pure dicta — nonbinding observations — but the courts treated them as gospel. In the Burdick case, the court likewise held that “a pardon, to be effective, must be accepted” because it “carries an imputation of guilt; acceptance a confession of it.” This made Marshall’s view the law of the land.

The problem is that both Marshall’s definition and the court’s 1915 reinforcement of it were bad history and tortured logic. Acceptance of a pardon should not be a confession of guilt, especially if there is documentation of innocence. The “imputation of guilt” would disappear if acceptance of a pardon were not required. If one has no choice but to take a pardon, it would become like a grant of immunity, and thus would be noncommittal.

There is nothing in the Constitution that gives a person the prerogative to turn down a pardon, and strong support in the Constitutional debates for the president’s having an unfettered power to grant one. “The benign prerogative of pardoning should be as little as possible fettered or embarrassed,” Alexander Hamilton wrote in The Federalist No. 74. Even more to the point, the framers turned down an effort to limit the power to pardons “after conviction” because they wanted to make it useful for law enforcement. That is, of course, exactly what President Wilson tried, and was told he couldn’t do, in the Burdick case.

So Hillary could turn down a Presidential pardon for her crimes related to flouting the law regarding classified material.

2. Run, Kamala, run! One of the awful alternatives the Democrats have as they paint themselves into the requirement of nominating a woman as their candidate in 2020, California Senator Kamala Harris, highlighted her awfulness while questioning Ronald D. Vitiello, the acting director at U.S. Immigration and Customs Enforcement, as he appeared before the Senate Homeland Security Committee as it weighed his nomination to become permanent ICE director. She deliberately compared ICE to the KKK in this exchange:

Vitiello: “The Klan was what we could call today a domestic terrorist group,” said

 Harris: “Why? Why would we call them a domestic terrorist group?”

Vitiello: “Because they tried to use fear and force to change the political environment.”

Harris: “And what was the motivation for the use of fear and force?”

Vitiello: “It was based on race and ethnicity, ”  responded.

Harris: “Right. And are you aware of the perception of many about how the power and discretion at ICE is being used to enforce the law and do you see any parallels?”

There are no parallels between the KKK and ICE, and Harris’s assertion that “many” see such parallels is one more example on the growing list of Big Lies being wielded by the Left to spread fear and misinformation. I heard Geraldo Rivera say this morning that Harris was “too smart” to make such a comparison, which he characterized as slander. Obviously she is not too smart to make the comparison, since she made it. She’s too smart to believe that the comparison is fair, but unethical and irresponsible enough to suggest it anyway.

3. Here’s one reason why I don’t have more Ethics Heroes. I’ve already written twice about the deteriorating saga of the kind homeless veteran  and the woman he helped who raised money to let him turn his life around.. It began as a heartwarming Ethics Hero saga, then rotted into a tale of greed, ingratitude, betrayal and exploitation. By August of last year, this was the suddenly depressing story…

Johnny is back living under a bridge, panhandling for change. GoFundMe is investigating whether McClure and her live-in boyfriend absconded with most of the donations, which eventually amounted to about $400,000. Johnny claims that his once grateful benefactor and friend have been spending the money that was supposed to ensure, in Kate’s memorable words, that “his life can get back to being normal….”

Now the story is worse still:

The New Jersey couple who became famous for raising hundreds of thousands of dollars for a homeless man after he helped with their disabled car — as did the homeless man himself — will all face charges for allegedly providing a false story in order to raise money for themselves, a source familiar with the case told NBC10. Mark D’Amico, Kate McClure and Johnny Bobbitt Jr. will face charges including conspiracy and theft by deception, according to the source. A complaint obtained by NBC10 alleges that the three conspired with one another to make up a false story in order to raise more than $400,000.

Sigh.

4. Now that’s acceptable gender bias discrimination. Somehow. I guess. Rep. Tim Ryan (D-Ohio) said Wednesday that a congresswoman besides Rep. Nancy Pelosi (D-Calif.) should be the House Speaker.  “There’s plenty of really competent females that we can replace her with,” Ryan told reporters, before listing people such as Rep. Marcia Fudge (D-Ohio) as potential candidates, The New York Times reported. I dare anyone to try to explain what one’s sex organs and chromosomes has to do with being a capable Speaker of the House. Bias not only makes you stupid, it makes you ridiculous and hypocritical. As for Marcia Fudge: oh, GOOOOOD choice there, Tim!

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Filed under "bias makes you stupid", Character, Ethics Alarms Award Nominee, Gender and Sex, Government & Politics, History, Law & Law Enforcement, Philanthropy, Non-Profits and Charity

Ethics Observations On The Michael Avenatti Arrest

Welcome to karma, Michael Avenetti!

News item:

“Attorney Michael Avenatti has been placed under arrest on suspicion of felony domestic violence and was booked early Wednesday evening.

Los Angeles Police Department officer Jeff Lee said the domestic violence report was taken on Tuesday in West Los Angeles and the arrest was made Wednesday.
“We can confirm that today LAPD Detectives arrested Michael Avenatti on suspicion of domestic violence. This is an ongoing investigation and we will provide more details as they become available,” the LAPD Twitter account posted Wednesday. In a statement, Avenatti called the allegations “completely bogus.”

…Avenatti posted $50,000 bail and left police custody Wednesday evening. He told reporters waiting outside the station, “I have never struck a woman. I never will strike a woman.”

“I am confident I will be fully exonerated,” he added.

…Avenatti emerged this year as a regular antagonist of President Donald Trump, beginning with his legal representation of Stormy Daniels and his frequent media appearances..he has publicly flirted with a potential bid for the Democratic presidential nomination to challenge Trump in 2020. The alleged domestic violence incident could dash Avenatti’s prospects as a potential insurgent Democratic candidate and clash with the image he has presented of himself as an advocate for women, including Daniels in her clash with Trump and an accuser against recently confirmed Justice Brett Kavanaugh.

The Vermont Democratic Party canceled Avenatti’s appearances for Friday and Saturday following his arrest, and it will refund all ticket sales, said Christopher Di Mezzo, the party’s communications director.

This story is like a great, big, ethics piñata that got hit squarely by a stick and spilled ethics candy all over the floor!

Observations:

1. Is it unethical to take pleasure in the misfortune of another, even a grandstanding, publicity-obsessed gasbag who makes me want to burn my bar card? Nah, not when the inspiration for mirth is condign justice. Like Michael Cohen, the shenanigans of Avenatti were signature significance for a phony and a charlatan, and his fall was just a matter of time.

We should always take pleasure in the exposure of such public figures, however it occurs. Continue reading

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Filed under Character, Ethics Alarms Award Nominee, Ethics Dunces, Ethics Train Wrecks, Gender and Sex, Government & Politics, Professions

Saturday Morning Ethics Warm-Up, 11/10/18: “Ugh!” “Bah!” “Arf!””Ew!”And “Ahh!”

Why are these guys happy? Read on…

Goooood morning!

1. Why does anyone pay attention to what Dan Rather has to say about the trustworthiness of the news media? Interviewed in some Trump-bashing forum or another, the man who was fired from CBS for using a fake document to bolster an anti-President Bush story argued that President Trump was waging a “war on the press” in order  to “undermine the public’s trust in the rule of law, ” and that he was making “some headway” in undermining the press’s legitimacy.

To the contrary, Dan Rather and his biased news media colleagues have been 100% responsible for undermining the public’s trust in journalists. All of the Presidents attacks and insults would come to nothing if it were not so obvious, which more evidence every day, that the news media was biased, incompetent, dishonest, and pursuing a partisan agenda. Indeed, the fact that CNN, MSNBC and other news sources still resort to Rather as a credible commentator is enough to justify distrusting the new media all by itself.

2. Yup, those Republicans won’t return to civility…Kathy Griffin, trenchant as always and teeming with wit, has now called President Trump a “stupid racist piece of shit.” It is time to definitively establish that the “Trump is a racist” slur is a Democrat/”resistance” Big Lie, and nothing else. There is no evidence that Donald Trump is a racist. I have reviewed the episodes that supported support that contention, and ultimately they boil down to “If you aren’t a progressive, you’re a racist.” Trump opposes illegal immigration, and the dishonest advocacy of open borders has relied on intimidating supporters of this self-evidently correct position by tarring them as racist. Trump challenged Barack Obana’s birthright citizenship exactly as he challenged Ted Cruz’s citizenship in the 2016 campaign for the GOP nomination. (Ted’s not black, in case you hadn’t noticed.) The argument that this proves Trump is a racist is a failed syllogism: Many racists were birthers, Trump was a birther, ergo he’s a racist. False. He’s an asshole. He would have trolled any President, of any color, with the same idiotic accusation if it suited his purposes. But, again, the Democratic play-book for eight years now has dictated that any criticism of Obama is suspect of racist motives. And, of course, the President must be racist because he wants to limit the number of Muslims who enter the country from hotbeds of terrorism.

The hypocrisy of Trump’s foes using the Nazi Big Lie tactic while accusing him of being a fascist is so obvious that it’s hard to believe everyone doesn’t see it. I admit, it’s a versatile Big Lie, allowing pundits to equate Trump’s advocacy of “nationalism,” meaning opposition to the world government dreams the Democratic Party (and quite a few Republicans) have been promoting since Woodrow Wilson (who WAS as racist) with “white nationalism.”

Griffin’s “evidence”? The President said the White House might pull the press credentials of April Ryan, who happens to be black. If CNN was real news organization, it would have fired Ryan, who is a biased, ideologically-driven hack, long ago. Here are the Ethics Alarms Ryan files. Here is what April Ryan considers legitimate questioning of the White House Press Secretary:

“Sarah, is slavery wrong? Sarah, is slavery wrong? Does this administration think that slavery was wrong? Sarah, does this administration believe slavery was wrong?”

Stop making me defend President Trump. Continue reading

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Filed under "bias makes you stupid", Animals, Ethics Alarms Award Nominee, Gender and Sex, Government & Politics, Health and Medicine, Journalism & Media, U.S. Society

Another Monty Python Cultural Ethics Check: Is This Satire Now Offensive?

I almost added the above scene from the Monty Python troupe’s masterpiece “The Life of Brian” to the previous post.  Has sensitivity to the demands and travails of the LGBT community rendered this satire offensive? Should it be considered offensive? If satire targeting people who demand that they have a right to do the impossible is offensive, is satire doomed in a woke world?

Following in the tradition of this recent post, with the intent of clarifying the political correctness rules so I know what I am defying, Ethics Alarms presents the following poll based on the video clip above:

 

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Filed under Arts & Entertainment, Gender and Sex, Government & Politics, Humor and Satire, U.S. Society