An Ethics Breach That Matters: Betrayal Of The Rule Of Law And Democracy

February 19, 2014 / Jack Marshall / 53 Comments

In the endless Obamacare Ethics Train Wreck, the trains may be our democracy, and the Rule of Law.

The consensus among objective legal observers is that President Obama’s unilateral amendments to a bill passed by Congress and signed by him into law exceed his constitutional authority, are illegal, and violate his oath to “preserve, protect and defend the Constitution of the United States.” Worse, they create a precedent that endangers the nation’s freedom, as protected by the rule of law and the system of checks and balances, by laying the foundation for more obtrusive and dictatorial acts by future Presidents, who are sure to notice that the negative consequences of this blatantly unconstitutional act were nil. The President and the executive branch shares responsibility for this dangerous and irresponsible display of autocratic lawmaking with both houses of Congress and both political parties, none of which have demonstrated either the integrity or the courage to oppose him, for varying reasons.

It is depressing and indeed disgusting that our successful democratic system of government created out of the vision and sacrifices of so many men and women of character, ability and high ideals is being progressively undone by fecklessness, incompetence and political expediency. That, however, is the plot playing out on the national stage, and these are the perpetrators: Continue reading →

Comment of the Day: “More Interview Ethics: Janet Mock Ambushes Piers Morgan”

February 16, 2014February 16, 2014 / Jack Marshall / 4 Comments

Ethics Alarms encourages long form comments, especially when they are as carefully reasoned, authoritative and well-written as the one presented here, by zoebrain, the Ethics Alarms expert on all things trans, gendered, re-gendered and more.

The new, complex and divisive ethical issues arising from gender matters have appeared here with increasing frequency, most recently in the post that inspired this comment—actually two comments—that attempts to enlighten the cyssies among us. I think it is required reading for anyone who wants to understand this complex subject, which is certain to generate more ethics dilemmas and controversies. I am grateful for all comments, but I want to send special thanks to the author, who obviously spent a lot of time and thought on what follows.

Here is zoebrain’s Comment of the Day on the post, “More Interview Ethics: Janet Mock Ambushes Piers Morgan”...

First, I better say why this is important, why the distinction between “used to be a boy” and “used to look like a boy” isn’t just some sterile, trivial and pedantic squabble. Continue reading →

Unethical Website Of The Month: Get Covered America, But Hey, These Are All Just Bumps In The Road And The Fact That The Same People Who Keep Making These Stupid Decisions Are The Same Ones Who Are Supposed To Make The Law Work Shouldn’t Cause Anyone To Get All Negative And Cynical Or AnyThing!

February 13, 2014February 13, 2014 / Jack Marshall / 21 Comments

“hey…hey…I gotta toast! HERE’S TO OMABACARE!!”

The government taxpayer-funded Affordable Care Act promotional entity called Get Covered America is either desperate, stupid, or the invention of Saturday Night Live.

Via its website, the same crack public servants who brought you Obamacare have designated this Saturday as National Youth Enrollment Day for the new system, a day designed to increase the youthful sign-ups for the law that are both essential to its success and lagging badly, in part because the HealthCare.gov was and is a disaster, but mostly because the bill’s architects had no idea what they were doing, or at least not enough.

National Youth Enrollment Day will be marked by various keen events. One of them, happily promoted on the GCA website, is a pubcrawl through Austin.

From the CDC:

“There are approximately 88,000 deaths attributable to excessive alcohol use each year in the United States.This makes excessive alcohol use the 3rd leading lifestyle-related cause of death for the nation. Excessive alcohol use is responsible for 2.5 million years of potential life lost (YPLL) annually, or an average of about 30 years of potential life lost for each death. In 2006, there were more than 1.2 million emergency room visits and 2.7 million physician office visits due to excessive drinking. The economic costs of excessive alcohol consumption in 2006 were estimated at $223.5 billion.”

I guess the planned smoker to promote the AFA, as well as the pork pig-out and orgy were vetoed for some reason, so the pub crawl was the best they could come up with. Continue reading →

Ethics Quiz: How Do We React Ethically To THIS?

February 4, 2014February 4, 2014 / Jack Marshall / 72 Comments

“Oh, Naaaaancy! Naaaancy!

Today,the Congressional Budget Office made this announcement, as reported by The Hill:

“The new healthcare law will cost the nation the equivalent of 2.5 million workers in the next decade, the Congressional Budget Office (CBO) estimated in a report released Tuesday. The nonpartisan agency found the healthcare law’s negative effects on the economy would be “substantially larger” than what it had previously anticipated. It said the equivalent of 2.3 million workers would be lost by 2021, compared to its previous estimate of 800,000. It also projected that labor force compensation would be reduced by 1 percent from 2017 to 2024 — twice its previous estimate — and that declining economic growth would add $1 trillion more to deficits.”

Well, of course. We, and by we I mean intelligent, objective people who pay attention to history and know how government programs work, knew this revelation, or some version of it, was coming along sooner or later. And yet, when the Affordable Care Act was being debated and railroaded through Congress–and that is a fair description of the strong-arm, gimmick-driven, dishonest and anti-Democratic manner in which it was passed—critics who said the law would increase the deficit and the debt, not reduce them; that it would lose jobs, not create them, and that it would retard economic growth, not boost it were savaged by the media, commentators and Democrats, called obstructionists, cruel, liars and worse.

I particularly remember MSNBC’s Rachel Maddow, arguably the most credible of her far left colleagues, furiously railing, while serving as a reporter at the Republican National Convention, about the utter dishonesty of GOP speakers who kept saying—in defiance of the CBO projections, mind you!—that the AFA would increase the deficit, not reduce it. Chris Matthews, to give credit where it’s due, intervened and said, in essence, ‘Well, now Rachel, you have to admit that the record of big federal programs has not been good in this respect.’ No, she wouldn’t admit it. Continue reading →

NFL Commissioner Roger Goodell’s Super Bowl Deception

February 2, 2014 / Jack Marshall / 33 Comments

"Well, I may not remember any of it, but the Commissioner says I'll life a long life..."

“Well, I may not remember any of it, but the Commissioner says I’ll live a long life…”

Today millions of Americans will gather around televisions, partying and cheering the spectacle of young men maiming and killing themselves for our entertainment pleasure during America’s most popular sporting event, the Super Bowl. An unknown but significant number of those athletes, we now know, are likely to be unable to recognize family members by the time they are 45, and several may take their own lives in despair. Nonetheless, the official position of the National Football league is that all is well, and Commissioner Roger Goodell was touring the Sunday morning news shows to put out the propaganda claim that pro football is good for everyone, even the players who accumulate concussions like the rest of us collect aggravation.

Presumably to appeal to the large proportion of the Super Bowl audience who know little about the sport, as well as the gullible fans who do, Goodell told Fox News Sunday host Chris Wallace (who, if he had the knowledge, wit and integrity, should have stopped him and protested) in response to Wallace’s question about the NFL’s ongoing concussion scandal, that NFL players live longer and are on the whole healthier throughout their lives than the general population.

This is deception, and intentionally misleading.

Goodell is taking advantage of the fact that all the measures of the mortality of pro football players are flawed, which is why last year the NFL Players Union commissioned Harvard to do a 100 million dollar study of the health of ex-players and how to improve it. The union claims that the average age of death of an ex-NFL player is 57 years, which would directly contradict Goodell’s claim. This figure is supported by a 2011 study by the University of North Carolina, as well as insurance company actuarial statistics.

The figure, however, seems statistically unlikely. Measuring the life expectancy of any group of adult men, even those engaged in risky behavior, will yield an average life expectancy that is better than the general population. Why? Because men in the general population die as infants, children, young adults, and before they would be old enough to play football. Thus the NFL and defenders of the brutal game continue to promote the 2012 study that found that NFL players outlive the general population. If accurate—and the players find the study difficult to believe, as do I—it can be argued that this study is also flawed. It compares apples—strong, affluent, college educated upper-middle class men—to oranges–everyone else, including the poor, unemployed, uneducated and poorly nourished. Attempting to get around this problem, one blogger compared the deaths of NFL players to other celebrities whose death notices were prominently published. His conclusion: there was no denying the fact that pro football players appeared to die sooner that non-football players from the same general class, but there was no justification to believethe mid-fifties mortality figure.

So do we know how much playing pro football lowers life expectancy, or even if it does? No….and neither does Roger Goodell. The studies are in conflict. However, we do know that a disproportionate number of the players who may live well into their golden years will do so unable to think clearly, remember their children’s names, or care for themselves, because they accepted big paychecks to allow their brains to be permanently bruised and catastrophically damaged. I don’t call that living or being healthy, and Goodell shouldn’t pretend that it is, or cite as fact what is a disputed contention at best.

Playing pro football isn’t good for you, and if the studies ultimately prove that ex-NFL players are really likely continue breathing as long as the rest of us despite their brain injuries, that just helps us understand why they have been killing themselves.

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Sources: CP24, Boston.com, Lotsa ‘Splaining, USA Today, Forbes

KABOOM! Bloomberg: “Well, I Hear These Guys Do A Good Job, So Let’s Give The Contract To Them!”

January 29, 2014 / Jack Marshall / 25 Comments

From an exclusive in the New York Daily News:

“In one of its final acts, the Bloomberg administration pushed through a costly contract to modernize the city’s 311 call system — hiring the same company fired by the feds for the botched rollout of the Obamacare website. The city’s Department of Information Technology and Telecommunications, known as DoITT, awarded the contract to the Montreal-based company CGI on Dec. 31, hours before Bill de Blasio was sworn in as mayor.”

This isn’t even an incompetent U.S. company. It’s based in Montreal. Continue reading →

The Alex Rodriguez Suspension, Barry Bonds, And The Slippery Slope

January 12, 2014January 12, 2014 / Jack Marshall / 11 Comments

In a decision that further defines major league baseball’s cultural standards regarding performance enhancing drugs and the players who use them, New York Yankee Alex Rodriguez was suspended for the entire 2014 season and post-season by an arbitrator yesterday. Rodriguez, a long-time superstar who was once considered a lock to break baseball’s career home run record, and who is the highest paid player in the game, was suspended for illicit drug use without testing positive under the game’s union-negotiated testing system. He was, instead, suspended for a violation of the player’s Basic Agreement under baseball management’s right to police the game and do what is in its best interests.

The evidence that Rodriguez was a flagrant and long-time steroid abuser came from documents obtained from Biogenesis, a lab that developed drugs for athletes and others, as well as convincing testimony. Rodriguez had challenged the suspension in a grievance procedure after MLB handed down a 211 game suspension during the 2013 season. The arbitrator’s ruling, which is confidential, apparently concluded that the player not only cheated, but obstructed efforts to enforce baseball’s intensified anti-drug measures in the wake of the wide-spread use of PEDs in the 90’s and thereafter.

As expected, the result produced the usual complaints and rationalizations from the disturbingly large contingent of baseball fans and writers who remain obdurate regarding the offensiveness of steroid cheating, claiming that it was “a part of the game,” that the objections to it are inconsistent, and that baseball’s vilification of users is hypocritical. They had been practicing these and related arguments for months as they waited for the baseball Hall of Fame voting results announced last week, in which about 65% of the voters showed that they regarded steroid use as a disqualification for the honor, even when a player-user had excelled on the field. Rodriquez’s defeat deeply undermines the cause of the steroid defenders, and the likelihood that their argument will ever prevail. Continue reading →

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part Two of Three)

January 9, 2014January 9, 2014 / Jack Marshall / 24 Comments

The Ethics Alarms review of a truly disheartening year in ethics continues with fallen heroes, ficks, fools and follies with Part Two of the 2013 Worst of Ethics awards….and there’s one last section to come. Be afraid..be very afraid:

Fallen Hero of the Year

Edward Snowden, whose claim to civil disobedience was marred by his unwillingness to accept the consequences of his actions, whose pose as a whistle-blower was ruined by the disclosure that he took his job with the intention of exposing national secrets, and whose status as a freedom-defending patriot lies in ruins as he seeks harbor with not only America’s enemy, but a human rights-crushing enemy at that. The NSA’s over-reach and mismanagement is a scandal, but Snowden proved that he is no hero.

Unmitigated Gall of The Year

Minnesota divorce lawyer Thomas P. Lowes not only violated the bar’s ethics rules by having sex with his female client…he also billed her his hourly fee for the time they spent having sex , a breach of the legal profession’s rule against “unreasonable fees.” Yes, he was suspended. But for not long enough…

Jumbo Of The Year

(Awarded To The Most Futile And Obvious Lie)

“Now, if you had one of these plans before the Affordable Care Act came into law and you really liked that plan, what we said was you can keep it if it hasn’t changed since the law passed.”

—–President Obama

2013 Conflicts of Interest of the Year Continue reading →

Michael De Beyer, Like Don Bedwell, An Exemplary Ethics Hero To Inspire Us

January 8, 2014 / Jack Marshall / 14 Comments

Writing about my favorite Ethics Hero of all time, Don Bedwell, in 2005, I began, “There are special and rare people whose ethical instincts are so pure and keen that they can make the rest of us feel inadequate.” Like Don Bedwell, Micheal De Beyer is such an individual.

Brittany Mathis, 19, works for De Beyer at his Kaiserhof Restaurant and Biergarten in Montgomery, Texas, . Her mom and older sister work at the restaurant as well, so she would describe her boss as a family friend. In December, Brittany learned that she has a 1.5 inch brain tumor She can’t afford to find out whether the tumor is benign or malignant, but her father died from a similar tumor years ago, so her situation is dire. She doesn’t have health insurance.

De Beyer has decided to sell his restaurant, which he opened more than 15 years ago and has an estimated worth of $2 million, to pay for whatever medical treatments are necessary to save Brittany’s life. “I’m not able to just sit by and let it happen,” De Beyer told a local paper. “I couldn’t live with myself; I would never be happy just earning money from my restaurant knowing that she needs help.” Continue reading →

Race-Baiting At “The Root”

January 6, 2014January 6, 2014 / Jack Marshall / 44 Comments

The African-American news and commentary site The Root has plowed some new ground in the field of disgusting race-baiting. An article by Charles D. Ellison argued that the same conservatives who fought to block Terri Shiavo’s husband from authorizing the withholding of her food so his vegetative wife could die should be supporting Jahi McMath’s parents’ efforts to keep their brain dead 13-year-old daughter on life support. That they are not, he suggests, is because Terri was white, and Jahi is black.

I wrote about Schiavo’s plight here, over at the Ethics Scoreboard, in 2005. I wrote recently about Jahi McMath, here. There is no inconsistency in my positions, but there is also none in the reactions of some conservatives to the two cases, because they are not comparable. Here’s Billy Crystal explaining the divergence exquisitely in “The Princess Bride”:

In Billy’s words, Jahi is all dead. She is brain dead, which is to say, dead. Keeping her on life support is a waste of resources, and a tragic exercise in denial. Terri was mostly dead, and was never getting better. Most of her brain was gone, but her vital functions were still operating. Conservatives regarded the withholding of food from her as murder, just as they oppose the destruction of frozen embryos that will never be born.

They were wrong to try to interfere in Terri’s case, but that is irrelevant here. There is no racism involved at all. If Jahi were white, she would still be all dead, and even the most doctrinaire conservatives don’t believe that dead people should be kept on respirators.

The Root’s piece is dishonest, ill-informed, hateful and unfair.

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Pointer: Althouse

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