History

Todd Frazier’s Cheat And The Umpire’s Revenge

/ Jack Marshall / 5 Comments

Why is the umpire standing on home plate?

In a Mets-Dodgers game a week ago in Los Angeles,  Mets third baseman Todd Frazier leaped into the stands to catch a foul ball. Climbing out, he quickly showed the umpire his glove with the ball in, the umpire signalled an out, and then Frazier tossed the ball to a fan. Did I say the ball? I should have said a ball. The ball Frazier showed the umpire wasn’t the ball hit by the Dodgers’ Alex Verdugo, but a white rubber ball, presumably belonging to a spectator,  that he grabbed after the real one rolled out of his glove during his fall. Frazier claimed that first he thought it was the real ball,  but when he realized it wasn’t, tried to sell the non-catch anyway. And it worked!

“It is Hollywood,” Frazier said later in the week. “Sometimes you’ve got to act out a little bit….I was trying to get out of there as quick as possible. I saw someone pointing at the right ball and I was like, ‘All right, I’m just going to have to play this off.’ I got in the dugout and was telling people I was flabbergasted that I even got away with it.”

There are gray areas is baseball gamesmanship. I wrote an essay about the topic several years ago, and ruled what Frazier did clearly unethical, for several reasons. It was not like the common situation when a player traps a ball in the outfield and acts like he made the play. If the umpire calls an out, the fielder has no more obligation to correct the umpire to the detriment of his team than a batter has an ethical duty to say, “No, ump, that wasn’t a ball four, it was strike three. You missed the call. I’m out.” Frazier actively deceived the umpire by placing the dropped ball in his glove out of the umpire’s sight. Worse, he even used a fake ball to sell the deception. With the exception of the rubber ball, the trick was reminiscent of a famous World Series cheating controversy: Continue reading →

On The Disapproval Of President Trump

/ Jack Marshall / 22 Comments

Talk about cognitive dissonance…

The recent barrage of  anti-Trump stories, self-inflicted Presidential wounds and media smears has the President’s approval ratings down again, back to his unshakable 37% or so core, presumable the American who, as he so memorably joked, would support him if he shot someone in Times Square. It has also been as high in some polls as 50% in the not so distant past, and substantively, not much has changed, except that the economic news keeps getting better. “There’s Never Been a President This Unpopular With an Economy This Good,”writes Bloomberg, and I’m sure that’s true. There was also never an individual as unpopular as Donald Trump elected President of the United States before he was.

The “disapproval rating” of his performance is incoherent, of course, because it is an undecipherable mess of apples, oranges, and wooden shoes.  Some disapprove of Trump because of his almost completely revolting character. Some disapprove of him because they disagree with his policies, since they are socialist, statist  One Worlders who believe, against all evidence, that Barack Obama was a great leader. Some are Republicans who are embarrassed to have such a man representing their party, no matter what policies he pursues. Some are conservatives who regard Trump as not sufficiently conservative, for indeed he’s not a conservative at all. Some are classist snobs. Some are morons who just believe what social media and the mainstream media tells them to believe. I’d love to know how this group breaks down, but we’ll never have that information.

Still, I find it encouraging that Trump remains unpopular despite his many positive achievements, some arguable, some not. It is good that the idea that there is more to being a respectable and admirable President than presiding over positive economic times, strong foreign policy, and military success. It is especially encouraging to see Democrats and progressives being driven to that position after stubbornly refusing to acknowledge that the character of a national leader is important during the Bill Clinton years, and after nominating Hillary. The President of the United States is not a CEO, and not a mere policy wonk (Yes, I recognize the absurdity of calling someone like Donald Trump a “wonk” of any kind). Leadership is as much a symbolic role as a pragmatic one. Leaders shift cultural values and norms; they define, or should, what a nation and its public regard as good, bad, right, wrong, admirable, and unacceptable. This was the basis of my initial, long-held, endlessly expressed, and unyielding opposition to his leadership style and personal demeanor, perhaps most forcefully explained here.

The importance of a President’s character goes far beyond being an automatic role model, however. A President, while he is in office, defines the Presidency itself. If he defines it in negative terms and values, everything connected to the Presidency suffers as well (See: the Cognitive Dissonance Scale): our system, democracy, the separation of powers, constitutional government and its institutions. A President has a duty to strengthen his office for future occupants, and to uphold the highest standards that his predecessors set. Donald Trump does not understand this aspect of his job, and never has. The reasons for this can be debated; he is obviously not a student of history, and as someone who has succeeded by breaking rules and defying conventional wisdom, he would be unlikely to understand why this role should be regarded as different from any other executive post. Continue reading →

Monday Morning Ethics Warm-Up And Sunday Left-Overs, 9/10/18: Values Under Fire

/ Jack Marshall / 22 Comments

Good Morning.

1. A plug. The computer rescue service GuruAid is why I couldn’t get a Warm-Up post up yesterday: about four different technicians spend from 6:30 am to 3:00 pm helping me fix a serious malfunction in my old Dell PC, so I wouldn’t have to lose Windows 7 forever. It wreaked havoc with my day and schedule, but the computer finally starts immediately without black-outs, red screens, blue screens, warning, check points, sudden freezes and other distractions.

2. Yeah, why waste time on all of this “values” stuff? The Texas Board of Education will decide in the coming months whether to accept the recommendations of a working group to end state requirements that the heroism of the Alamo’s defenders be taught to seventh graders in a required history course, as as study of  William Barrett Travis’s iconic letter written before the final Mexican siege that killed all of the approximately 200 defenders, including Travis. The letter ends, “I am determined to sustain myself as long as possible & die like a soldier who never forgets what is due to his own honor & that of his country — Victory or Death.”

The group of educators and historians, tasked with streamlining social-studies standards, felt that teaching about “heroic” acts at the Alamo was “value-loaded,” and eliminating them from the curriculum, along with the significance of such Alamo figures as Davy Crockett and James Bowie would save 90 minutes.

You know, I don’t think I’m even going to bother explaining what’s wrong and alarming about this, except to note that if you wonder why our rising generations don’t understand what has been great about America, or why being a nation founded on values and ideals is important, this episode ought to enlighten you.

3. Beach ethics. Here is an interesting article about how to maximize ethical conduct at the beach. Continue reading →

The Hitler Joke, Our Rights, And Our Nation

/ Jack Marshall / 49 Comments

Prologue

When I was a junior in high school, I played Ko-Ko in  the Gilbert and Sullivan Club’s production of “The Mikado.” The head of the music department directed, a Jewish teacher named Mr. Einsig. He had the staging notes for all of the Gilbert and Sullivan works from the director who had gained great acclaim from his work with the Boston Light Opera Company, and I must admit, I cribbed many of that director’s ideas myself, through Mr. Einsig.One effective  staging concept was for the encores to “The Flowers That Bloom in the Spring.” Each one was performed as a different ethnic parody, with Ko-Ko singing translated lyrics. It began with Japanese, of course, then French, a Brooklyn dialect, and the biggest hoot of them all, German. I performed it, in my kimono, with an over-the-top Hitler imitation, complete with mustache, ending with an emphatic “Heil” gesture.

It brought down the house. Ten years later, at Georgetown University Law Center, I played Ko-Ko again, did the same Hitler parody again, and brought down the house again. Nobody complained. My late father, crippled for life in the fight against Hitler, detected nothing wrong with the routine. He also loved “Hogan’s Heroes,” with the show’s reluctant, inept, heiling Nazis, and the other Heil-filled spoofs of Hitler by Chaplin, Mel Brooks, and even the Three Stooges.

Now here is what happened to a private school teacher: read the whole, awful thing here. The short version: he was gesturing while explaining something in class, and noticed that his arm was raised Nazi-style, and said, “Heil Hitler,” jokingly. There was no question whether he was serious or not: everyone knew he was joking, and why he was joking. He even stopped and explained to the class that Once Upon A Time, in less enlightened eras, it was considered amusing to mock Hitler and the Nazis.

Ben Frisch, the teacher, a practicing Quaker  whose father was Jewish and who had two great-grandmothers  killed at Auschwitz, was fired by the private school anyway. The school principal who fired him explained his reason to the New York Times magazine  by saying, “One of our pledges is to make all of our students feel safe. And that is something that I take very, very seriously.”

Says the Times reporter in part in reaction to this: Continue reading →

Roberto, Jackie, And The Irresistible Urge To Devalue Honors

/ Jack Marshall / 14 Comments

Eventually almost all possible ethics issues will be explored in baseball commentary, if you wait long enough. They will also be explored incompetently, since the average athlete or sports journalist isn’t much more astute in the field than the average citizen, which means that the analysis will be dominated by emotion, rationalizations, logical fallacies, historical ignorance, and a vacuum in ethics generally.

This phenomenon was on display yesterday, which was Roberto Clemente Day in Major League Baseball. There is no doubt that Clemente was one of baseball’s all-time greats, and 18-year veteran who played his entire career with the Pittsburgh Pirates. He was inducted into the National Baseball Hall of Fame in 1973,  the first Latin American and Caribbean player to be so honored. Clemente’s legacy and reputation is burnished by the fact that he died in a plane crash while trying to bring humanitarian relief to earthquake victims in Nicaragua. He was 38 years old.

Yesterday, in an orgy of Clemente love, sportswriters and players on the MLB satellite radio channel were arguing that Clemente’s uniform number, 21, should be retired by all teams like Jackie Robinson’s number, 42, was retired. The theory: Clemente was as much of a trail-blazer for Latin players as Robinson was for blacks.

This is, to be blunt (I’m feeling blunt today) crap. Continue reading →

Unethical Quote Of The Week: Fred Guttenberg…And An Integrity Test For Everyone Else

/ Jack Marshall / 68 Comments

“Put out my hand to introduce myself as Jaime Guttenberg’s dad. He pulled his hand back, turned his back to me and walked away. I guess he did not want to deal with the reality of gun violence.”

—–Fred Guttenberg, the father of one of the Parkland shooting victims, on Twitter, trying to execute a disgraceful and transparent “gotcha!” to impugn SCOTUS nominee Brett Kavanaugh.

Sorry, Fred, but I know my Presidential history, and if a stranger offers his hand to me, especially in a hostile environment, my mind flashes back to when Leon Czolgosz used the ploy to assassinate President McKinley. That would be my reflection on “the reality of gun violence.” Of course, I don’t know that Judge Kavanaugh is a student of Presidential shootings, but I also don’t see any reason why “I’m Jaime Guutenberg’s dad” should have meant anything to him at all. It wouldn’t to me. Supreme Court designates are  required to have memorized the names of every shooting victim now?

The entire hearing where this occurred looked like a particularly badly-directed scene from an amateur production of “The Persecution and Assassination of Jean-Paul Marat as Performed by the Inmates of the Asylum of Charenton Under the Direction of the Marquis de Sade.” People were dressed up in costumes and screaming; Democratic Senators were grandstanding. Then a complete stranger comes up and offers his hand to the target of all of this hate and commotion.  The fact that Kavanaugh was wary well of his wisdom and judicial restraint.

Anyone who cites this obvious set-up as a relevant or substantive reflection on Kavanaugh’s character or fitness for teh Supreme Court has abandoned all shreds of fairness and integrity, and should be treated accordingly.

Let me be more specific: anyone who criticizes Kavanaugh for this is an asshole.

Take names.

Morning Ethics Warm-Up, 9/5/2018: Doppelgangers And Other Weirdness

/ Jack Marshall / 61 Comments

Oh-oh! It’s a creepy morning…

1. If “there are no coincidences,” then what the hell does THIS mean? The ethics category, if there is one, would be “Nature Incompetence,” or perhaps “deity abuse of power.” Look at minor league baseball pitcher Brady Feigl:

Oh! I’m sorry! I meant “Look at these TWO minor league baseball pitchers who are both named Brady Feigl.” One is in the Texas Rangers system, and the other is in the Oakland A’s system.

A similar example of God fooling around for his own amusement and our confusion had historical significance.

This man is Will West, a convicted criminal who was sent to Leavenworth Prison in 1903…

 

…and this is William West, who was already being held there:

The fact that the two men were so facially similar helped convince American law enforcement to begin using fingerprints rather than facial measurements for identification.

2. Over-blown conservative news media controversy of the week: In “First Man,” Ryan Gosling plays Neil Armstrong. For some reason, director Damien Chazelle decided to omit the iconic moment when Armstrong planted the American flag on the Moon. The Horror. Fox News can’t stop talking about it. President Trump has declared that he’ll boycott the film. Morons. Continue reading →

From The Ethics Alarms “Democrats Must Be So Proud” Files: An Obvious Observation On Today’s Kavanaugh Hearing

/ Jack Marshall / 56 Comments

It is disgraceful,  embarrassing, and dangerous, and only two or three steps away from Charles Sumner being physically attacked by Preston Brooks on the Senate floor.

It emerged during the proceedings that Senate Democrats planned to disrupt the orderly process of the hearings as a strategy. Nice. I guess that’s their replacement for the filibuster. I think I prefer the device used by Lilly Tomlin’s character in the Netflix series “Grace and Frankie”: when she can’t rebut an argument, she starts singing “She’ll Be Comin’ ‘Round the Mountain” as loud as she can, so nobody else can talk.

“The hearing began with protesters breaking in, and continued with serial efforts by Democratic Senators to postpone the hearing. To the credit of committed chair Chuck Grassley, he bulled on through. As he did so, the Democratic side degenerated into a contest regarding which putative candidate for the Democratic 2020 nomination could pander to the base more. Here is how the day began:

GRASSLEY: “Good morning. I welcome everyone to this confirmation hearing on the nomination of —“
HARRIS: “Mr. Chairman.”
GRASSLEY: “— Brett Kavanaugh –”
HARRIS: “Mr. Chairman.”
GRASSLEY: “— to serve as associate justice of the Supreme Court of the United States.”
HARRIS: “Mr. Chairman, I’d like to be recognized for a question before we proceed. Mr. Chairman, I’d like to be recognized to ask a question before we proceed. The committee received just last night less than 15 hours ago —“
HARRIS: “Mr. Chairman, regular order.”
HARRIS: “— 42.000 pages of documents that we have not had an opportunity to review or read or analyze.”
GRASSLEY: “You are out of order. I will proceed.”
HARRIS: “We cannot possibly move forward, Mr. Chairman. We have not been given the opportunity to have a meaningful hearing with Congress nominee–“[cross-talk]
GRASSLEY: “I extend a very warm welcome to Judge Kavanaugh, to his wife Ashley, their two daughters –[cross-talk]
UNKNOWN: “Mr. Chairman, I agree with my colleague, senator Harris. Mr. Chairman, we received 42.000 documents tat we haven’t been able to review —”
GRASSLEY: “— And everyone else joining us today.”
UNKNOWN: ” and we believe this hearing should be postponed —”
GRASSLEY: “I know this is an exciting day for all of you here and your you’re rightly proud —”
UNKNOWN: “Mr. Chairman, if we cannot be recognized I move to adjourn. Mr. Chairman, I move to adjourn.”
GRASSLEY: “— From Judge Kavanaugh —”
UNKNOWN: “Mr. Chairman, I move to adjourn. Mr. Chairman, we have been denied real access to the documents we need to advise —” (Audience cheering)
BLUMENTHAL: “Mr. Chairman, we have been denied the real access to the documents we need —[cross-talk] which turns this hearing into a charade and a mockery of our norms and, Mr. Chairman, I therefore move to adjourn this hearing.”
AUDIENCE: “This is a mockery. This is a travesty of justice. Cancel Brett Kavanaugh, adjourn the hearing. [ indecipherable].”
BLUMENTHAL: “Mr. Chairman, I ask for a roll call vote on my motion to adjourn.”
AUDIENCE MEMBER: “‘[indecipherable]'”
GRASSLEY: “Okay.”
BLUMENTHAL: “Mr. Chairman, I move to adjourn. I ask for a roll call vote.”
GRASSLEY: “We are not in executive session. We will continue as planned.”

A recurring theme was the disingenuous complaint that Democrats, who have received over 400,ooo pages of materials relating to Trump’s nomination to fill Justice Kennedy’s seat on the Court, as well as all of his judicial opinions which are what really matter, did not have time to read the most recently released batch of about 40, 000 pages. Everyone knows that what is in those documents doesn’t matter one bit, because the entire group of Democratic Senators have already made it clear that they are going to vote against Kavanaugh as a bloc. They are going to do it to express their outrage over Merrick Garland; they are going to do it to pander to the resistance narrative that Trump is an “illegitimate” President, they are going to do it because the party increasingly seeks to demonize conservatives, they are going to do it because they are afraid of their base. Oh, there are lots of reasons. All of the Democratic Senators, maybe most,  don’t seriously believe their party’s own scare-mongering that Kavanaugh will lead the Supreme Court to reverse Roe v. Wade, but there is the rapidly pro-abortion—not just pro-abortion rights but pro-abortion—feminist segment of the base to pander to as well.

Essentially, we are watching an entire political party embrace mob-style interference as an alternative to process, because they don’t like what the likely results of the established process will be. Of course this is dangerous to the nation and the Constitution. It is also a tantrum, just like the party’s reaction to President Trump’s election itself.

It was predictable that if the funeral of a Senator was exploited  as an opportunity to attack the President, the hearings on his Supreme Court nominee would certainly be. (I am not finished looking, but so far I can find no comparable direct attacks on Barack Obama during the hearings on his two nominees.) Here, for example, is the reliable demagogue Dick Durbin (D-Ill), doing his best Keith Olbermann imitation:

“You are the nominee of President Donald John Trump. This is a president who’s shown us consistently he’s contemptuous of the rule of law. He’s said and done things as president which we’ve never seen before in history. He dismissed the head of the FBI when he wouldn’t bend to his will. He harasses his attorney general on almost a daily basis in the exercise of his office, and I didn’t vote for Jeff Sessions, but I have to tell you there should be some respect at least for the office he serves in. And it’s that president who’s decided you are his man. You’re the person he wants on the Supreme Court. You are his personal choice. So are people nervous about this? Are they concerned about it? Of course they are.”

As in the hypocritical remarks by the McCain mourners. Durbin is hilariously self-indicting. Durbin’s party has been  contemptuous of the rule of law in areas where the President has been committed to enforce it, as with illegal immigration. Durbin and his party have undertaken direct assaults on the First, Second, and Fourth Amendments. The way Democrats are conducting themselves in this very hearing has never been seen before in history. Continue reading →

A Hanlon’s Razor Puzzle: Is Chuck Todd A Liar, Or An Idiot?

/ Jack Marshall / 15 Comments

Everywhere I turned today, I heard, read or heard about media people saying astounding things. For example, I learned that Geraldo Rivera endorsed the ridiculous idea of appointing Cindy McCain to replace her husband, tweeting,

Cindy McCain is well-qualified & should be appointed to fill Senate seat now vacated by death of hero husband.

How is she “well qualified? She has a typical heiress resume, running charities and doing other rich-people things. If she is so well-qualified to be a Senator, why didn’t anyone suggest that she run before her husband died? Her “qualification” is that her last name is McCain, that’s all, and it’s no qualification at all. Is Geraldo lying, or is he an idiot? Hanlon’s Razor directs us to presume incompetence over malice, and in Geraldo’s case, his record points in the same direction. He’s an idiot.

Then, driving home just now, I heard some pundit telling CNN’s Erin Burnett that John McCain held no grudge against the President for his campaign slur against prisoners of war. He didn’t care what Trump said. It rolled right off his back. The Senator knew who he was; words didn’t wound him. Suuuuure. That’s why he made a point of saying that the President of the United States wasn’t welcome at his funeral. That’s why in his farewell statement, McCain couldn’t resist taking thinly veiled shots at Trump. Nah, he didn’t care what the President said!

This guy, whoever it was, was lying.

But I don’t know what to make of Chuck Todd. I used to watch “Meet the Press” religiously on Sundays when Tim Russert was the host. He was obviously a Democrat, but he was smart and usually fair; I never felt like he had an agenda, or that he was lying to me. Todd is a different matter, and after a single viewing when he took over, I scratched the show off my list. (The other Sunday talking head shows followed, for various reasons, over the next 18 months until there were none.)

This past Sunday, in a roundtable exchange with David Brody, chief political analyst at CBN News who noted that 62% of the public think the media is biased, Todd actually seemed to be saying that mainstream media liberal bias is a myth, responding, Continue reading →

This Is An Ethics Story. More Than That, It’s Hard To Say…

/ Jack Marshall / 27 Comments

Read this story, please.

Then consider the 10 questions below.

A summary of the main points…

  • Luke Gibbs’ wife, Rachel, mother of two,  was rendered permanently vegetative after a go-kart accident at a Michigan amusement park, the Family Fun Center, near Grand Rapids.  A long scarf she was wearing got caught in one of the go-kart’s axles, snapping her windpipe.

  • She is now in a long-term care center southwest of London. Her husband is certain that this would never have occurred in England, because the country has more regulations. “There’s no agency in the United States that can say to my children, who are American citizens, this is the way in which we worked to protect your mother and keep her safe,” he said. “I’m confident that accident would not have happened here, part because I think we have more stringent regulation,” he added.

  • Parks are exempted from federal regulation, leaving supervision to the vagaries of the states, and six have no oversight: Alabama, Mississippi, Montana, Nevada, Wyoming and Utah. In the early 1980s, park operators successfully lobbied to shield amusement parks from federal oversight by the Consumer Product Safety Commission. Starting in 1999,  Senator Edward J. Markey sought to mandate federal oversight, but Disney successfully lobbied against it, along with its competitors.

They argued that the federal regulation was not necessary.  Industry studies say there is only a one in 17 million chance of injury at fixed-site parks. The safety commission estimates there were 29,400 amusement ride injuries requiring emergency treatment last year at all types of parks, including  inflatable attractions and even coin-operated rides at shopping malls.

Mobile parks with rides that can be moved, like carnivals and state fairs, are not exempted from federal regulation.

  • When Rachel Gibbs wife was injured, the park appeared unprepared for an emergency. The ride’s operators panicked, and momentarily couldn’t recall the park’s address so emergency vehicles could be called, and could not provide the injured woman with a defibrillator

A 2007 internal memorandum from the park admonished employees to “never admit fault for accidents,” adding, “our common phrase is ‘AJ’s is an at your own risk Fun Park.’” Continue reading →