Category Archives: Health and Medicine

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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Halloween Ethics Warm-Up, 2018: Problematical Communications Edition

Boo!

1. How can CNN, or anybody, continue to justify employing Don Lemon as a “journalist”?

He defaults to emotion regularly. He is incapable of objectivity. His partisan and ideological bias is palpable. ( He gets drunk on the air every New Years…) And he says idiotic things like this. Good for Scalise, the perfect individual to flag Lemon’s incompetence. His Twitter followers have also noted many other cases of Democrats “killing people.” Or is Lemon and CNN going to stand on the fact that nobody was killed by the Bernie Sanders-supporting sniper who seriously wounded Scalise? I wouldn’t be surprised.

2. Stop making me defend Hillary Clinton! During an interview with Recode executive editor Kara Swisher (full disclosure: I had some unpleasant experiences dealing with Swisher in her Washington Post days, and wouldn’t trust her to walk my dog around the block.)  in New York City over the weekend. Swisher asked Clinton a question regarding a quip that was previously made by Holder, but mistakenly attributed it to Senator Spartacus, Cory Booker. “What do you think of Corey Booker … what do you think about him saying ‘Kick them in the shins,’ essentially?” “Well, that was Eric Holder,” Clinton said. “Yeah, I know they all look alike.” “No, they don’t,” Swisher responded.

Now Clinton is being called “insensitive” by her party’s political correctness posse. It was a joke, and also a rebuke of Swisher. The former was absolutely fine (and funny); the latter was a mean-spirited “gotcha!” suggesting unfairly that Swisher thinks of all blacks as fungible, a bigoted attitude, when she just made a mistake. (I get Cory Booker confused with Kirk Douglas sometimes.) Then Swisher turned the finger-pointing back on Hillary, implying that Clinton meant her remark literally rather than sarcastically. Continue reading

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Morning Ethics Warm-Up, 10/30/18: Scary Ethics Stories!

Good Morning!

(And HAPPY BIRTHDAY to my brilliant, talented, always challenging, Trump-hating lawyer little sister, Edith Sophia Marshall!)

1 Quiz results: about 90% of responders found the drag Python sketch about a ladies club re-enactment of Pearl Harbor funny. Whew. As for the one voter who said that it was unfunny because it made light of human tragedy and violence, I’m glad you never attended any of the stage comedies I directed.

2. Ending birthright citizenship for illegal immigrant offspring? President Trump told Axios in an interview that he was preparing to issue an executive order to end birthright citizenship for children of immigrants here illegally. “It was always told to me that you needed a constitutional amendment. Guess what? You don’t…You can definitely do it with an Act of Congress. But now they’re saying I can do it just with an executive order.”

I have found no authorities who agree with Trump’s lawyers, if indeed they are telling him that. If they are, I don’t blame him for listening to them: if there was ever a President who was legally clueless, it’s this one. Some conservatives are livid about the suggestion (obviously all illegal  immigration-boosting liberals are as well), noting that this proposal is exactly as unconstitutional as Obama’s immigration-related EOs. I tend to agree with them. Ethically, the birthright rule is an incentive to break the law and anachronistic, since it originated when there were no legal restrictions on immigration nor reasons to have any. if the question gets to the Supreme Court, however, it will pose an integrity test for the conservative justices. Their philosophy is that you can’t just re-write or ignore the Constitution when it gets in the way of desirable policy, and this is a perfect example.

It is also very possible—likely?— that the President was using this trial balloon to energize the anti-illegal immigration base as the “caravan” continued its march. Continue reading

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Saturday Morning Ethics Warm-Up, 10/13/18: The Mob, Bizarro World, Mid-Air Pedicures, And Robert E. Lee [UPDATED!]

1. Things fearmongers say...A Facebook friend, smart, a lawyer, good guy, wrote this: “The confirmation of Judge Kavanaugh will go down as one of the darkest days of the American experiment.” He really wrote that, and an astounding number of the Facebook leftist echo chamber “liked” the statement. Apparently Kavanaugh is going to resuscitate the Dred Scott decision, Korematsu v. United States, child labor and end women’s suffrage. He’s going to engineer from the Supreme Court chambers the equivalent of the American Civil War, or Pearl Harbor. Right. If Kavanaugh turned out to be a stealth combination of Jack the Ripper, the Marquis de Sade and Dr. Fu Manchu his confirmation couldn’t possibly rank in the top hundred “darkest days.”

That kind of rhetoric is hysterical and irresponsible, an abuse of free speech designed to make gullible and intellectually lazy people irrational and ignorant.

2. “Stop  making me defend Donald Trump…AND Robert E. Lee!”  Last night, as President Trump was speaking in front of a rally, NBC News tweeted out,

WATCH: President Trump says “Robert E. Lee was a great general” during Ohio rally, calling the Confederate leader “incredible.”

A few points to note on this: How is that observation and opinion news by any definition of the word? Lee was regarded as a “great general” well before the Civil War: that’s why Lincoln offered him the  command of the Union army when the war started. There are many, many books written by military experts that express and justify that assessment. Ghengis Khan was also a really great general, along with Julius Caesar and Curtis LeMay. This is a rare variety of fake news, joining more common varieties that have become routine of late like potential news, future news and psychic news,called past news, a new oxymoron. As for “incredible,” this, everyone conscious should know by know, is generic Trump-speak like “great,” “tremendous,” and “sad.” Who knows what it means here? It doesn’t mean Lee was an incredible human being, or at least there’s nothing in the context of NBC’s tweet that suggests that. He had an incredibly good beard for that period, at least compared to say, Longstreet, who looked like a member of ZZ Top. He was incredibly conflicted over which side to fight for. He had incredible guts.

Incredibly, though not really, because the mainstream news media has established that there are no depths to which it will not stoop in its unethical bias and incompetence, NBC tweeted that to bolster the long-running false narrative that President Trump is a racist, which he must be to extol Robert E. Lee,  the object of a particularly vile historical airbrushing and statue-toppling movement, a part of the Left’s Orwellian indoctrination and mind control effort as it slowly but surely embraces totalitarianism.

But if one actually knows the context of Trumps’ remarks, he was not praising Lee, though there is no reason why he shouldn’t, but making the point that despite Lee’s credentials and reputation, it was unheralded Ulysses Grant, denigrated as a joke when the war started, who defeated Lee. Trump was, as he usually does, talking about himself, and NBC’s tweet was intentionally misleading, and just more pandering to Trump-haters, attempting to further divide the country.

3. Floss! Floss! One of the very first posts on Ethics Alarms was about the ethics of people flossing their teeth in public. Having read this story, about a woman who began giving herself a pedicure during an airplane flight, I hereby officially proclaim that the conclusion in that post applies:

Manners and public etiquette are always evolving, and society determines what it will and will not endure. The passive, “mind your own business” theory always espoused by the least respectful, rudest and least considerate among us is a prescription for an endless deterioration in the quality of public life, and a greased slide into culturally-endorsed bad conduct. Every citizen has an obligation to his and her community to confront conduct that he or she feels does not belong in public, confront the offender, and support others who do so. Doing otherwise is not “minding one’s business,” but endorsing and entrenching bad conduct, abdicating the public duty of cultural preservation.

On a related note, there’s this.  Continue reading

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Morning Ethics Warm-Up, 10/1/2018: Of Boies, Drunks And Maryland…

Welcome, October!

In vaudeville terms, ethically speaking, this is like following a dog act…

1.  More on the strange legal ethics of David Boies. I am currently teaching the David Boies-Harvey Weinstein-New York Times fiasco as a main feature of all of my legal ethics seminars. (You can read the original post here) To its credit, the Times recently did a feature on Boies including his side of the story, which is, I found, not very mitigating. It also had this passage:

For his part, Mr. Weinstein showered Mr. Boies with invitations for opening-night parties and celebrity-studded charity events. The Weinstein Company put one of Mr. Boies’s daughters in the hit 2012 film “Silver Linings Playbook,” and also distributed a movie she produced, “Jane Got a Gun.” Along with the son of one of his law partners, Mr. Boies formed a film production company, which invested $5 million each in two Weinstein films, “Gold” and “The Upside,” both flops.

These entanglements may have colored Mr. Boies’s objectivity and judgment about Mr. Weinstein. But they weren’t, in the legal sense, a conflict of interest. They more closely aligned Mr. Boies’s interest with his client’s, which as far as the bar is concerned is a good thing.

I don’t know what bar the Times is talking about, because a lawyer “aligning” aclient’s interests with a client is not “a good thing,” but a condition that interferes with a lawyer’s independence and objectivity. It creates a personal conflict of interest that not only has to be waived by the client, but which the lawyer must reasonably believe will not affect his representation.

This comments to ABA Model Rule 1.8 make it very clear that significant gifts to clients (in this I would include gifts and benefits to family members) are ethically perilous at best:

Gifts to Lawyers

[6] A lawyer may accept a gift from a client, if the transaction meets general standards of fairness. For example, a simple gift such as a present given at a holiday or as a token of appreciation is permitted. If a client offers the lawyer a more substantial gift, paragraph (c) does not prohibit the lawyer from accepting it, although such a gift may be voidable by the client under the doctrine of undue influence, which treats client gifts as presumptively fraudulent. In any event, due to concerns about overreaching and imposition on clients, a lawyer may not suggest that a substantial gift be made to the lawyer or for the lawyer’s benefit, except where the lawyer is related to the client as set forth in paragraph (c).

Why don’t bars just declare lawyers accepting significant gifts and favors from clients as inherent conflicts of interest that reek of the appearance of impropriety?

The answer is that lawyers like getting gifts from rich clients, and lawyer associations tend not to interfere with things lawyers like to do. Continue reading

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Saturday Morning Ethics Warm-Up, 9/22/18: The All Fark Edition!

GOOD MORNING!

On a day when Ethics Alarms finally passed its high-water mark for followers, I thought it appropriate to plug Fark, one of the legion of sources I check every day to find ethics topics. It’s a facetious news aggregation site that links to both serious and obscure stories with gag intros, like this week’s header on a story about a recent study on Alzheimers: “The number of Americans with Alzheimers is expected to double in the next 40 years. That’s horrible, but did you hear that the number of Americans with Alzheimers is expected to double in the next 40 years?”

My dad loved that joke, and the older he got, the more often he told it, and the more ticked off my mother would be. An all-Fark Warm-Up is a good way to avoid (mostly) politics for a while.

1. I have no sympathy for this guy. Is that unethical? This is Mark Cropp:

He has “Devast8” tattooed on his face. He says that his brother did it when they both were very drunk, as if he was a non-participant.  “Once it was started, I thought, I can’t go back on it now,” he has said. “I wish I had stopped while the outline was there to be quite honest.” Good, Mark. This is progress.

Cropp has been complaining for a year that his face tattoo has kept him from being hired. Would you hire him? I wouldn’t. Such high-profile self-mutilation is signature significance for a person with terrible judgment and life skills, or, to be brief, an idiot. Would you hire someone with “I am an idiot” tattooed on his forehead? Same thing.

Apparently he has been arrested and is facing charges in New Zealand, where he lives. Psst! Mark! Don’t have “I am guilty!” tattooed on your face while you are awaiting trial.

2. No sympathy, Part 2. I also have almost no sympathy for Beverley Dodds, who once looked like this…

…until decades of slathering herself  in Coca Cola and baby oil while sunbathing and broiling herself on tanning beds caused her to have to  battlethe effects of skin cancer for two decades, and has the skin of a reptile. (You don’t want me to post a photo of her skin. Trust me.) Like Mark above, this is self-inflicted mutilation. How sorry should we feel for someone who hits themselves in the head with a hammer every day who complains of headaches? Few public health issues have been so thoroughly publicized as warnings about long-term skin damage from excessive exposure to the sun and tanning beds.

3. No sympathy, Part 3.  24-year-old Michael Vigeant of Hudson, New Hampshire, a Red Sox fan on his way home via subway from Yankee Stadium after the Sox had lost to the Yankees (they won the next night though, thus clinching the division, and eliminating New York. Go Red Sox!)  died when he tried to climb on top of a moving Metro-North train and was electrocuted by overhead wires. The resulting chaos trapped hundreds of riders more than two hours. His brother did it too, but was luckier, and train personnel got him down. Michael touched a catenary wire and was electrocuted, said MTA officials.

Now watch his family try to sue the city.  I put “Don’t try to subway surf on moving trains,” “Don’t get huge tattoos on your face” and “Don’t repeatedly broil your skin” in the same category: lessons an adult should learn and has an obligation to observe. Not doing so suggests a general responsibility and commons sense deficit that is a menace to everyone, not just them. Continue reading

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Morning Ethics Warm-Up, 8/31/18: Labor Day Weekend Edition

Good Morning.

This was in some respects the worst month in Ethics Alarms history, and I won’t be sorry to see it go. This weekend I will be spending more hours trying to cover ethics issues and developments while  knowing that an even smaller group of readers will bother to consider them, as they will off at beaches and mountain retreats, or sweltering at backyard barbecues. I have to admit it’s discouraging, and makes what needs to feel important and stimulating feel like an unsatisfying slog instead. Well, if you’re reading this, it’s not your fault.

1. Ethics estoppel. I couldn’t believe I read more than one local account of last night’s Detroit-Yankee game, a crushing loss for New York, complaining that Tigers DH Victor Martinez’s game-tying homer in the 9th “wouldn’t have been a home run in any of the other 29 Major League stadiums.”  Wow. The unmatched dominance of the New York Yankees over all of baseball has been significantly aided by its uniquely short right field fence ever since the original Yankee Stadium was built to provide cheap right field home runs to Babe Ruth, who hardly needed any help. Even though the shot to right isn’t as easy as it used to be (those old Yankee Stadium dimensions are illegal now), the Yankees still build their offense around that fence, and it is substantially responsible for the fact that the team leads all of baseball in home runs, and games won by cheap home runs.

Yankee fans and media are estopped from complaining when an opposing player benefits for a change. What utter gall!

2. Worst management ethics ever. President Trump is again tweeting about what a lousy job Attorney General Jeff Sessions is doing. Is he trying to make Sessions resign? Why? Why doesn’t he just fire him? This is a guy who became famous using “You’re fired!” as a trademark. Undermining a subordinate in public can’t possible make him or her perform better. It also signifies a dysfunctional organization and chain of command. In Sessions’ case, it makes the target look like a pathetic weenie devoid of self- respect. If my boss complained in public about me, I would resign that very day, with a brief statement that no professional should have to endure such gratuitous abuse from a superior, and that I would not. Continue reading

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