Ethics Tricks And Treats, 10/31/2021: Kendri Traps Himself, A Good Man Dies, And More “Let’s Go Brandon!” Follies [Corrected]

Trick or treat

Jerry Remy died over the weekend. Unless you’re a Red Sox fan, you may not have heard of Remy, but he was a Boston icon by the time he died at the age of 68. I was trying to come up with an ethics theme to justify writing a post about him: I can’t, in fairness. He was just a normal guy who got to live his dream, some would say: a Boston kid (Fall River, to be accurate) who grew up, like me, loving the home town team with all of its drama and disappointments, and was talented enough to play for it, after being traded by the Angels to the Sox in 1976. Then Remy became part of Sox lore, the frustrating parts, as his team battled the New York Yankees in their most repulsive incarnation for primacy in the late ’70s, always falling short. In the most famous and tragic of those near misses, Yankee shortstop Bucky Dent’s cheap home run became the decisive blow in a single play-off tie-breaker in 1978, making Dent a a Yankee immortal. Only moral luck prevented the hero of that historic game from being Remy. In the bottom of the 9th with the Red Sox trailing by one run, Remy hit a blast to right field that Yankee outfielder Lou Piniella lost in the sun. It landed in front of him and bounced to his left: Piniella threw his glove up in blind desperation, and the ball, somehow, landed in it. Lou later told Remy that he never saw it until it was in his grip. Had that ball gotten by him, Rick Burleson would have scored the tying run from first, and Remy would have had an easy triple. He might even have had an inside-the-park homer, winning the game, the division championship, and immortality for getting the biggest hit in Red Sox history.

Remy’s knees gave out eventually, like many second basemen before base runners were forbidden from breaking up potential double-plays with hard slides. He eventually became the Sox cable broadcast color man for 34 years, until he left the booth in August to battle lung cancer. Remy was warm, informative, candid, modest and funny, all while describing himself as a mediocre hitter who felt honored to play on a team with stars like Jim Rice and Carl Yastrzemski. He also kept doing his job, despite more than his share of tragedy and pain. His oldest son was a drug addict, and murdered his girlfriend in a steroid rage. He is serving life without parole in prison; Jerry and his wife took on shared custody of their infant granddaughter. Remy’s battle with lung cancer began in 2008; he kept fighting off multiple recurrences with operations, radiation and chemo, and it kept coming back. He battled depression as well, and spoke and wrote about the illness, inspiring and comforting many who shared that often crippling condition.

Jerry’s last appearance on a baseball field was, appropriately, when he threw out the ceremonial first pitch on October 4 for another one game play-off with the Yankees, who had ended the season tied with Boston, just as in 1978. I knew he was through: he looked pale and weak, but Remy beamed at the huge ovation he received from the Fenway Park crowd as he lobbed the ball to his frequent NESN broadcast partner and fellow member of that tragic 1978 team, Dennis Eckersley. This time, the Red Sox beat the Yankees.

Jerry Remy made a lot of people happy during his life, was respected and loved by those who knew him and worked with him, and kept fighting his way through what chaos threw at him, becoming a better, kinder, nicer human being in the process. That’s a pretty good legacy, better than many greater baseball players. I know he made me happy lots of times, and did so while he must have been suffering.

Good for you, Jerry. Good job at life. I’ll miss you, and so will everyone else. The more good, hard working, courageous human beings we have around, the better it is for everyone.

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Not Helping: Houston Texans Owner Cal McNair Grovels An Apology For Telling The Truth

A while back I asked readers if I should start a “Weenie of the Week” category or its equivalent. The feedback was mostlynegative, but I still have to shine a sickly green light on those who are eroding my free speech rights by refusing to fight for their own.

Back in May, the owner of the NFL’s Houston Texans owner Cal McNair commented during the team’s Charity Golf Classic at River Oaks Country Club, “I’m sorry that we couldn’t get together last year, because of the China virus.”

For some reason, a muckraking political correctness-fomenting sports journalist named Michael Silver decided that this was a scandal, or a scoop, or something, now, months later. “Said one unnamed witness,” Silver writes, ‘Everyone gasped, especially the people directly across from him.'” Gasped! My god, the man called a virus that unquestionable began in China the “China virus”! This was “racially insensitive” says NBC Sports, echoing Silver.

No, it wasn’t.

Never mind: McNair, showing himself to have the spine of an annelid worm, quickly grovelled an apology:

“My comments at the event last May included an inappropriate choice of words. I immediately apologized to people who approached me then and I apologize again now. I know how important it is to choose my words carefully. I would never want to offend anyone.”

Even as forced apologies go, this one is especially cringe-worthy. No, the words were not “inappropriate,” they were accurate. Ooh, better choose your words carefully so as not to trigger those who will try to ruin anyone who doesn’t obey the political correctness edicts from the Left! The only way not to “offend anyone” is to avoid speaking and writing.

I hereby move that people who prove they have been thoroughly weenie-ized save us time by skipping these sickening, virtue-signaling apology by simply stating, “I love Big Brother,” and get it over with. That’s what this kind of grovel means. Maybe they should sign a registry or something that gets them discounts on Coca-Cola products.

But…but…TRUUUUUMP! “The term used by McNair was used multiple times by the former president in the early months of the pandemic, and many still use the term (and similar ones) when referring to COVID-19 without apologizing or even flinching,” writes good little censorship soldier, NBC’s Mike Florio. Bite me, Mike: I’m one of those many, though I prefer the more specific “Wuhan virus.” You tell me why a completely accurate name is “racially insensitive.” I’ve asked many lock-step woke friends and relatives to explain what racially insensitive, and the answer basically comes down to “Trump used it, and he’s a racist” or “Because that’s what the directive from The Ministry Of Truth” says. Then there are wimpers about all the Asian Americans being attacked when there is scant evidence that what we call the virus has anything to do with such incidents, and since when did we let the actions of idiots determine what information has to be de facto censored?

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Ethics Observations On Congressman Jeff Duncan (R-S.C.)’s Mask While On The House Floor

Brandon Mask

1 This isn’t funny, ethical, brave or helpful. He should be sanctioned, but House Democrats wouldn’t dare. They know what their members got away with.

2. If Duncan wants to say “Fuck Joe Biden” on the House floor, then let him come out and say it and accept the consequences. At least I can have a measure of respect for that, though not much. Adults snickering at the “Let’s Go Brandon” game remind me of those camp songs like “Shaving cream” or “Helen had a Steamboat” where it was supposed to be hilarious that you never actually said the naughty word that rhymed. The game was just barely tolerable among ten-year-olds, and we have members of Congress who act like this? Be proud, America.

3. The Ethics Alarms position (which cost it about 40% of its readers since 2017) that the office of the President must be accorded a basic level of respect and fairness by the public must apply regardless of who is in the White House, or our republic does not work. One reason I was so critical of the despicable treatment of President Trump across the culture was precisely for this reason: I knew Republicans and conservatives wouldn’t be able resist treating Biden as unethically as Trump was treated, and, if possible, worse.

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Typo Ethics! The Supreme Court Had A Really Bad One, And It Made A Difference

Justice_Pierce_Butler

As regular readers here know, there are a lot of typos, too many, on Ethics Alarms, mostly because I have to write posts more quickly than I’d like, I’m often interrupted, I can’t spell and I can’t type. Thankfully readers alert me to the most egregious (two generous readers particularly), and whenever I catch a typo in an old post, which is often, I fix it (and think “One more down, 701, 566, 211 to go!”). Fortunately, very few typos over the years have resulted in a post saying something other than what I intended, though the occasions where I have left off a “not” or an “un-” have been embarrassing. It all weighs heavily on my conscience and self-esteem, which is why this revelation, regarding a consequential typo in a Supreme Court opinion, was a welcome one.

A slip opinion (in other words, a preliminary opinion subject to revision before publication) was issued in 1928 regarding a zoning dispute. The author of the opinion, Justice Pierce Butler (above), had written, “The right of the trustee to devote its land to any legitimate use is properly within the protection of the Constitution.” But the opinion was misprinted as “The right of the trustee to devote its land to any legitimate use is property within the protection of the Constitution.” That was a sweeping statement about the constitutional stature of property rights, and not what the opinion was intended to stand for. But the slip opinion typo slipped under the Court’s radar for a while.

SCOTUS eventually fixed the mistake, so the final version of the opinion published in book form in United States Reports, contains what Butler intended. But the Court negligently and irresponsibly did not draw attention to the change (which was typical at the time), so most judges, lawyers and law professors assumed that the typo version was the law of the land. The mistaken version, which appeared to declare a vastly expanded interpretation of property rights, has appeared in at least 14 court decisions, including one was issued in 2020. It was cited in at least 11 appellate briefs, in a Supreme Court argument, and in countless books and articles.

A new study published in The Washington University Law Review traces the carnage and confusion created by the nearly century-old typo. Michael Allan Wolf, the law professor at the University of Florida who discovered the mistake and wrote the article, believes that while it is impossible to measure how much impact the typo has had in court decisions, there is little doubt that it has served to advance an interpretation of property rights that was never supposed to have Supreme Court support.

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Over And Behind The “Insensitive Racial Rhetoric” Line [Updated]

Welcome Mat

Race-baiters, ruthless activists and cancel culture bullies are lurking and waiting to pounce on any public figure whose public statements (or revealed private ones) can sustain accusations of racism. Two recent examples from the world of sports help define when such comments are signature significance for an individual who is racially biased, and when they should be excused with little more than a raised eyebrow.

Over the Line: The NFL’s Las Vegas Raiders head coach Jon Gruden sent an email in 2011 came that attacked NFL Player’s Association head DeMaurice Smith, an African-American, by writing to Bruce Allen, who was the GM of the Washington Football Club, then called “The Redskins,” “Dumboriss Smith has lips the size of michellin tires.”

Nice. At least Gruden recognized what he would be facing once the Wall Street Journal reported on his leaked email, and shot out an apology, though not a credible one. He said he was “really sorry” and suggested that it was all a big misunderstanding. You see, Gruden refers to liars as “rubber lips.” Sure he does. You hear that phrase all the time in reference to Donald Trump, Joe Biden, Andrew Cuomo, and James Comey. Rubber lips! Makes perfect sense. “I don’t think he’s dumb,” Gruden protested to the Journal. “I don’t think he’s a liar. I don’t have a racial bone in my body, and I’ve proven that for 58 years.”

I’m not sure what a “racial bone” is, but I assume he means that he isn’t racially biased and has proved it by his conduct. As we have discussed on Ethics Alarms often, racist beliefs and racially biased conduct are distinct in many ways, and one doesn’t necessarily lead to the other. One distinction is that racist beliefs are legal, and if an individual is adept at recognizing that bias for what it is and not letting it govern his or her conduct, it isn’t unethical. Maybe Gruden hasn’t engaged in obviously racist or bigoted conduct in his life, but color me skeptical. A man claiming that that he isn’t racially biased who uses an ad hominem insult referring to a black man’s lips has as much credibility as that same man saying that he referred to someone as “Dumboriss” but doesn’t think he’s dumb. Ironically, Gruden’s excuse marks him as dumb and a liar who can’t keep his dishonest excuses straight. “I wasn’t making a racist comment when I said his lips looked like black inflated tires, I just use ‘rubber lips’ to mean liar, but…but.. I don’t believe he’s a liar either!” is the epitome of trying to dig one’s way out of a hole.

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Communication Ethics: The American Bar Association’s Impossible Formal Ethics Opinion 500

difficult-client-yelling-at-lawyer

The duty of communication is both a fiduciary duty and, for lawyers, a professional one. American Bar Association Model Rule 1.4, one rule that every jurisdiction has adopted nearly verbatim, holds that

(a) A lawyer shall:

(1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(e), is required by these Rules;

(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information; and

(5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

The last part is, much of the time, a fictional standard. I have been hammering at this in my recent ethics seminars, much to attendees alarm: clients often, perhaps even most of the time, don’t comprehend what’s going on on many levels.

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Week-Launching Ethics Warm-Up, 10/4/2021: A Happy Ending To A Pit Bull Saga, A Congressional Leader Makes My Head Explode, And More [Updated]

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Singer Janis Joplin died of a heroin overdose on October 4, 1970. The anniversary prompts me to make an unkind observation that I was tempted to make after reading all of the tributes and expansive rhetoric praising “The Wire” actor Michael K. Williams after he died of an overdose of fentanyl and heroin on September 6. For at least a hundred years, anyone who takes heroin does so knowing that it is addictive and frequently fatal. My attitude toward Joplin, Williams, John Belushi, Phillip Seymour Hoffman, Billy Holliday, and many other artists who have killed themselves this way involves more anger than sympathy. The world was robbed of their gifts because they were reckless. In the case of black artists, they endanger their admirers by creating a romantic aura for what is, in the final analysis, stupid and irresponsible conduct. How hard can it be not to start using an addictive substance that you know might kill you? The fact that the drug is illegal should be a big clue.

1. And speaking of the joys of recreational drugs...In a new study published in Psychological Medicine, researchers in the University of Birmingham’s Institute for Mental Health and the Institute of Applied Health Research found a strong link between “general practice recorded cannabis use” and mental ill health. Senior author Dr. Clara Humpston said: “Cannabis is often considered to be one of the ‘safer’ drugs and has also shown promise in medical therapies, leading to calls for it be legalized globally. Although we are unable to establish a direct causal relationship, our findings suggest we should continue to exercise caution since the notion of cannabis being a safe drug may well be mistaken.”

Continue to exercise caution? Who’s exercising caution? Popular culture and upper-middle class whites have been issuing pro-pot propaganda for half a century, while mocking government efforts to discourage widespread use and acceptance of another destructive recreational drug. Now nearly every state is on a path to legalize it, especially because they smell tax revenue.

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This Weekend In Pro-Abortion Ethics

SCOTUS protest

Let’s examine this by categories….

Warped Concepts of How the System Works: Yet another Women’s March, like all of them, misleadingly labeled to avoid the ugly transparency that “March to be Able to Kill the Unborn at Will” would broadcast, ended up at the steps of the Supreme Court yesterday. Thousands traveled to Washington, D.C. to demand abortion rights, as if the Supreme Court decides complex issues according to who shouts the loudest, is most passionate, or has the coolest signs. Demonstrators surrounded the court,shouting “My body, my choice” and cheering loudly to the beat of drums.

Morons. These assaults on the Curt have driven me mad for decades, as what they demonstrate is that difficult matters of law, precedent and policy can be decided by slogans and the incoherent bellows from a mob. It’s an insult to the Court, the Constitution, and the system. If you have a valid argument, file an amicus brief. These demonstrations, and it doesn’t matter what their goal is our which side of the ideological spectrum they come from, waste time, energy, passion and taxpayer funds. Is the idea intimidation? Good luck with that. Persuasion? Sure, a bunch of screaming and weeping activists are going to persuade anyone but TV talking heads. Narcissistic grandstanding?

There you go.

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In Florida, “I Eat Ass” And A Qualified Immunity Ethics Conundrum

i-eat-ass-mask-black

A policeman’s lot is not a happy one, and qualified immunity, the doctrine that exists to shield officers and other state officials from liability when they commit torts in the course of their duties, is under fire because of its role in blocking accountability for cops who engage in police brutality. But without qualified immunity, policing would become even more perilous than it already is.

Take the “I Eat Ass” controversy.

Please.

In Florida, jerk Dillon Shane Webb had a sticker on his vehicle that boasted “I Eat Ass.” (Some may disagree, but Ethics Alarms regards public display of that legend signature significance, as a non-jerk would never do it. Not even once). Columbia County Sheriff’s Deputy Travis English pulled Webb over in May of 2019 and demanded that he cover up the message. Webb refused, and he was subsequently arrested and jailed for “obscene writing on vehicles” and “resisting an officer without violence,” because he had refused to obscure the sticker. Reason, the libertarian cite that is usually more reasonable, wrote that Officer English “took exception” to “I Eat Ass.” No, the officer was under the impression that the display violated Fla. Stat. § 847.011(2), which prohibits “any sticker, decal, emblem or other device attached to a motor vehicle containing obscene descriptions, photographs, or depictions.”

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Ethics Dunce: Yale Law School Deputy Dean Ian Ayres

Yale-Law-School

Ian Ayres, the deputy dean at Yale Law School—I worked in the administration of a law school, and I must admit that I never heard of a “deputy dean”— decided to signal his virtue and lock-step wokeness as well as, presumably, that of Yale by submitting an op-ed to the Washington Post titled “Until I’m told otherwise, I prefer to call you ‘they’.” I welcome it, if only because the essay shows that it isn’t only Harvard among the Ivies that has been corrupted by “The Great Stupid.”

I realized, as I read this foolishness, that I have cited or thought about the Abe Lincoln riddle about calling a dog’s tail a leg (“If you call a tail a leg, how many legs does a dog have? Four—because calling a tail a leg doesn’t make it a leg!”) more often in the past few years than I had done previously during my entire life. This is because Rationalization #64,Yoo’s Rationalization or “It isn’t what it is,” which easily could have been named “Orwell’s Rationalization” except that John Yoo really deserves to be remembered as the lawyer who tried to justify water-boarding on the grounds that it wasn’t torture, has become a core operating principle of the progressive moment on a dizzying number of fronts.

One of the silliest of all, and signature significance regarding how far the left end of the ideological scale has traveled mid-air over the proverbial shark, is the Woke Wonderland’s insistence that gender is just a construct, and if you want to be a different sex than what all biological and anatomical markers say you are, “Poof!”, you are! Not only that, you are now able to condemn, and some maintain even sue, anyone who doesn’t bow to your peculiar version of reality.

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