Law & Law Enforcement

Mid-Day Ethics Overview, 10/24/2019: TV Ethics, Theater Ethics, Negotiation Ethics…You Know. Ethics.

/ Jack Marshall / 9 Comments

This song is about ethics, right?

Well, to me it is…

1. Unethical non-traditional casting.  Harvey Fierstein is playing Bella Abzug on Broadway. I know that Harvey, being a very large, undisguisably gay, 65-year old actor with a voice that sounds like he gargles piranha, has a tough time finding outlets for his acting and comic ability (he can be terrific, as he was in his Emmy-winning performance in “Torch Song Trilogy”), but that’s no reason to take it out on the late New York Congresswoman. Abzug was a woman, and being a woman was central to her career, appeal, legend, and legacy. She was not, to say the least, an attractive woman, but that does not mean that it is fair or respectful to cast a 275 pound unattarctive MAN to play her on Broadway. Feirstein is an LGBTQ activist and icon, but he’s ethically confused here.

2. Trump shouldn’t have backed down from holding the Group of 7 Summit at the Trump luxery golf club in Miami. Apparently he did so because Republican members of Congress complained about it, and they complained about it because they knew it would spark more bogus accusations of Emoluments Clause violations (Impeachment Plan C).

Any and every negotiations specialist will tell you that holding a meeting of adversaries in your own territory is a massive advantage. That is why such meetings are often held in Switzerland, or other neutral sites. Holding the Summit at a Trump property makes the President stronger at the meeting, and that benefits the country.

It would have been nice—responsible, educational, fair, honest—if the news media explained this basic principle to the public, but it doesn’t want to justify the President’s decisions or find benign reasons for them. It is in thrall to “the resistance,” and doing a complete analysis of factors involved in a decision like where to hold the Summit just detracts from the effort to undermine President Trump and characterize him as a corrupt and crooked fascist who must be removed from office at all costs.

Republican joined the ignorant stampede because, unfortunately, they aren’t very bright, or very brave. Thus the U.S. voluntarily forfeited a diplomatic advantage because Republicans couldn’t articulate why there was nothing sinister, and much advantageous,  about a world leader holding a meeting at a property that bears his name. Continue reading →

The Black Jack O’ Lanterns

/ Jack Marshall / 39 Comments

In Nyack, New York, a law firm purchased some designer black jack o’lanterns from “Bed, Bath, and Beyond” as office decorations. Some residents complained to a local TV channel and to the law firm, claiming that the decorations were “racist.”

The law firm, Feerick, Nugent, MacCartney, immediately removed them, and soon thereafter, the household accoutrements chain pulled the item from its inventory. Now the law firm is busy grovelling, especially after the local NAACP accused them of “extreme lack of sensitivity.”

I think he meant “a lack of extreme sensitivity.” Isn’t that more accurate?

“We understand that someone complained about them and so once we got word of that we immediately took them down,” said Mary Marzolla, a partner at the racist firm. “We represent people of all colors and faiths, and we would never do anything to exclude anyone from any community,” she added,

What? How do black painted or colored pumpkins exclude anyone from the community? Is she really saying that if an individual, no matter how foolish or addled, complains about anything, then the firm is ethically obligated take remedial action? Is that the standard?  Let’s test it: I’m complaining about the firm’s conduct in capitulating to an idiotic and manipulative claim of racism. OK, Feerick, Nugent, MacCartney, the ball’s in your court.

Satisfy me.

Is there no way in 2019 to tell a hypersensitive wacko, “I’m sorry, but you are a fool. There is nothing to be offended about. I do not have to cater to your paranoia or contrived sensitivities, and I will not.” Continue reading →

Now THIS Is Child Abuse—So Why Is A Texas Jury Enabling It?

/ Jack Marshall / 50 Comments

That’s James’ father with him on the left, and his mother, after dressing James as “Luna,” on the right.

A jury in Dallas, Texas jjust ruled against Jeffrey Younger,  who is trying to stop his son’s’ mother, Dr. Anne Georgulas,  from “transitioning” him—his current name is James–into “Luna,” a female. Dr. Geogulas now can start the boy on puberty blockers and eventually cross-sex hormones.

Eleven of the twelve  jurors rejected James’ fathers petition to be granted sole conservatorship over his two sons. In this bitter custody fight, he argued that his ex-wife is “transitioning” James against the boy’s will.

I neglected to mention that James is seven years old. He cannot meaningfully consent to being chemically and eventually surgically transformed into a female at that age. It is astounding that this is legal in Texas or anywhere else. It is child abuse. It is an abuse of parental power. It is abuse that political agendas and cheerleading from the popular culture is inflicting on innocent children without adequate research or cause. Continue reading →

Tales Of The Barn Door Fallacy: This Time The Door Was Wide Open, Yet Nobody Noticed

/ Jack Marshall / 10 Comments

The Barn Door Fallacy occurs when a long-standing dangerous or risky phenomenon finally results in a well-publicized fallacy, and then, and only then, do legislatures and regulators rush to eliminate the problem that should have been apparent from the start. Often the new laws and regulations that “close the barn door” are excessively rigid or restictive : that door has to be slammed shut, and then nailed and bolted, even though that once in a lifetime tragedy has already occurred. From Ethics Alarms:

Society…and the public saddle themselves with expensive, inconvenient, often inefficient measures designed to respond to the rare event. One shoe bomber, and millions of passengers have to remove their shoes to go through airport security. One adulterated bottle of Tylenol, and every over-the-counter drug bottle requires a razor blade and the manual dexterity of a piano virtuoso to open. Two sick boys shoot up Columbine, so third graders get suspended for bringing squirt–guns to school.

Sometimes, regulators and legislators grandstand as they slam the door, hoping nobody will remember that they left it wide open and gaping for an unconscionable length of time. Continue reading →

Ethics Warm-Up, 10/15/2019: Farrow, James, Biden, And Another Diploma Bites The Dust…[CORRECTED]

/ Jack Marshall / 13 Comments

Great.

Now there’s a tidal wave of too many ethics stories and issues to cover…

…and more than ever, I feel that an impeachment information and analysis website is essential, a civic  obligation, and likley to foce me to live out of a cardboard box. I also need to get Mrs. Q’s featured column launched. Naturally, I leave on another ethics seminar road trip today.

If the Red Sox were in the post-season, I’d have to shoot myself…

1. The up-side of the NBA’s cowardly pandering to China and its suppression of basic human rights…we learned what a shallow hypocrite LeBron James is. Of course, many of us knew this when James did his grandstanding champion of social justice act and  extolled Colin Kaepernick’s useless and incoherent protest.  “I stand with anyone who believes in change,” the B-ball superstar said, as if that means something.  It was still enough to attract excessive praise from the sports media. Last week, however, as the Los Angeles Lakers  returned home from a week-long tour of China, James said,

“Yes, we do have freedom of speech.  But at times, there are ramifications for the negative that can happen when you’re not thinking about others, when you only think about yourself. I don’t want to get into a word or sentence feud with Daryl Morey, but I believe he wasn’t educated on the situation at hand, and he spoke.”

Morey, the Houston Rockets GM who tweeted support for the Hong Kong protesters resisting China’s iron boot, only lacked education on how venal and without principles his league was, including stars like James. Morey was “thinking of others”: he was thinking of the people of Hong Kong desperately trying to hold on to as much liberty as they can. No, he wasn’t thinking about James’s giant paycheck, which is clearly all LeBron cares about.

He can take solace in a victory in the NBA’s “It’s not the worst thing” sweepstakes. San Farncisco Warriors coach Steve Kerr, when asked if he’d ever been confronted about human rights abuses on earlier trips to China, Kerr replied, “No. Nor has (America’s) record of human rights abuses come up either… People in China didn’t ask me about, you know, people owning AR-15s and mowing each other down in a mall.”

That’s right, Steve, there is obvious moral equivalency between China’s 30-65 million mass murders and its current oppressive government, and the United States of America. Continue reading →

Give Beto Credit For Integrity, At Least. That’s Something.

/ Jack Marshall / 20 Comments

I wrote about Beto O’Rourke’s grandstanding pledge at the CNN “town hall” that President O’Rourke would punish  religious institutions that opposed  gay marriage  by ending lose their tax-exempt status.“ “There can be no reward, no benefit, no tax break for anyone … that denies the full human rights and the full civil rights of every single one of us, and so as President, we are going to make that a priority, and we are going to stop those who are infringing upon the human rights of our fellow Americans,” Beto preened. Naturally, CNN’s left-wing, Bill of Rights averse audience cheered.

The devil is in the details, however. I assume Beto knows—or someone told him— that absent a leftist dictatorship, Americans cannot be punished for what they believe. Thus the rock star Presidential candidate had to face reality on the Sunday talk shows over the weekend when he explained what he meant by “denies the full human rights and the full civil rights of every single one of us.” See, he didn’t mean “denies” literally.

Whew!

“To be clear, you are free to believe anything that you want to in this country. To associate with whom you please, to practice your faith as you best see fit,” O’Rourke told MSNBC. “But you are not allowed to discriminate against people in this country, to violate their civil rights or their human rights. To be specific, the way that you practice your religion or your faith within that mosque or that temple or synagogue or church, that is your business, and not the government’s business. But when you are providing services in the public sphere, say, higher education, or health care, or adoption services, and you discriminate or deny equal treatment under the law based on someone’s skin color or ethnicity or gender or sexual orientation, then we have a problem.” Continue reading →

Monday Morning Summary Of What Would Have Been In The Sunday Ethics Warm-Up That I Was Supposed To Post But….Aw, Forget It. Here’s Some Ethics Stuff…

/ Jack Marshall / 22 Comments

Good morning.

Boy, am I glad THAT week is over.

1. Moral luck saves the 2019 baseball post-season…for now. MLB missed a major disaster when an umpire missed a clear strike three (he ruled a foul) on Yankee slugger Gary Sanchez in a tied and crucial game between the Houston Astros and New York.  It was the 11th inning, meaning a tie-breaking run would mean a likely Yankee victory.  THAT would have meant that the Astros would have lost the first two games of a seven game series at home, a hole that very few teams in baseball history have been able to overcome.

Sanchez  struck out on the next pitch, and a Carlos Correia home run in the bottom of the inning sent the Astros to Yankee Staudium in a series tied 1-1. The botch was moot, and will soon be forgotten. But if he Sanchez hit a home run or otherwise led the Yankees to a decisive score, the ALCS might have been completely turned by a blown call captured on video for all to see.

And there would be no excuse: the rules allow no appeal on that kind of play, but there has to be.

Yes, it was “moral luck” again. The fact that the worst didn’t happen doesn’t change the seriousness of the fact that only luck saved the day and prevented a blot on the integrity of the whole 2019 post-season. Maybe it would have been better if the bad call had altered the game, the series, and the World Series. Maybe then baseball would stop waiting for the high-profile disaster caught on video that will force it to have ball and strikes called by technology. It took an umpire’s obvious blown safe call in what should have been the last out of a perfect game to make baseball go to replays, and anyone who watches many games knows how many times a reversal changes game outcomes. Continue reading →

Laws Aren’t Enough: Compassion, Prudence, Proportion And The Golden Rule Must Also Be In The Equation

/ Jack Marshall / 21 Comments

Here is a cautionary tale out of Great Britain,  whose ethics comprehension appears to have gone into a tailspin.

In Manchester, England about a year ago, Jamie Griffiths , then a 19-year-old male student, reached out and  touched a 17-year-old female classmate’s arm while they were both walking along a city street during the day. Jamie explained to police, which the young woman contacted because of the incident, that he had just wanted to get her attention, introduce himself, and maybe “make a friend.”

Instead, the woman claims, the spontaneous encounter quickly spiraled out of control. As she told the court, according to The Manchester Evening News,

“I was just set on getting home and [reviewing] for my mock exams, but as I was coming over the bridge I saw him facing a hedge and I thought it was really weird. He wasn’t doing anything. He was just facing the hedge, staring at it. As I walked towards him, I was watching him and he suddenly swung round so he was facing me. I remember it happening fast. As soon as he moved, I moved, and I said: ‘stop’ and he touched me on my arm. I sort of jolted out of the way and I went into the road to avoid him and he very quickly walked away…I forgot about it for a while because I had my exams. I just thought it was weird behavior.” She went to the police and reported the episode. Then there was a second. This time, the 17-year-old was was walking to school when Griffiths walked in front of her and touched her side, staying in contact, she said, for about three seconds. “He smirked at me, he didn’t stop, he just touched me and walked off and I broke down crying in the street—it was quite traumatic.”

She and her mother filed a crime report. The student was traumatized by the encounters, she says. “Every time I started working I would cry because I would think of it. I felt very unsafe, even in my own home.”

A magistrate convicted Jamie Griffiths of two charges of sexual assault, accepting the young woman’s assessment that there was “no doubt” that had she not moved away from him that first time he touched her arm, he would have gone on to touch her breast. “The complainant’s evidence was very clear, logical and without embellishment,” the magistrate told the defendant. “We can think of no motivation for you to touch the victim other than sexual. Had she not taken evasive action the assault was likely to have been even more serious.” Continue reading →

End Of Week Ethics Alarms, 10/11/2019: The Liberty Under Attack Edition

/ Jack Marshall / 39 Comments

Wait…

I’m looking forward to the weekend  even though I’ll be working throughout.

I’m obviously an idiot.

1. My Ethics Alarms doesn’t even “ping!” on this one.  KTVU, the Bay Area’s Fox affiliate, summarized the St. Louis Cardinals’ devastating win over the Braves in Game 5 of the National League Division Series with a chyron reading, “Braves Scalped.” The Horror! Exclaimed the always sensitive Yahoo! Sports, “That’s straight out of the yikes factory. Particularly given the conversation that’s surrounded the Braves recently. A Cardinals pitcher of Native American descent objected to the Braves’ infamous tomahawk chop and the team responded Wednesday by toning down its use of the chop. There’s not any good time to roll out a “scalped” headline, but this was a particularly bad one.” The headline to the story says the headline is “racist.”

OK, why? I want one good reason. If a team is going to call itself something other than “The Baseball Players,” which would be strikingly unoriginal, you have to admit, then metaphors and colorful language relating to that teams’ nickname are automatically appropriate. “Orioles’/Cardinals’/Bluejays’ Wings Clipped!”…”Red Sox/Whie Sox unravel!”…”Tigers/Cubs/ Declawed!”…”Nats Swatted!”…”Giants Dwarfed!”…  “Pirates Walk The Plank!”…”Diamondbacks Rattled!”…”Mariners Sink!” But “Braves (or Indians) Scalped!” is an outrage? The team lost 13-1! The Braves were down 10-0 after the first half-inning; it was an epic slaughter. I could u8nderstand the discomfort if Native Americans never scalped their adversaries, but they did. This isn’t some kind of historical slander. Let’s see…here’s some of a rather scholarly article on the subject of scalping…

…the languages of the eastern Indians contained many words to describe the scalp, the act of scalping, and the victim of scalping. A Catholic priest among the Hurons in 1623 learned that an onontsira was a war trophy consisting of “the skin of the head with its hair.” The five languages of the Iroquois were especially rich in words to describe the act …To the Mohawks and Oneidas, the scalp was onnonra ; the act of taking it, kannonrackwan . Their western brothers at Onondaga spoke of hononksera , a variation of the Huron word. And although they were recorded after initial contact with the Europeans, the vocabularies of the other Iroquois nations and of the Delaware, Algonquin, Malecite, Micmac, and Montagnais all contained words for scalp, scalping, and the scalped that are closely related to the native words for hair, head, skull, and skin. That these words were obviously not borrowed from European languages lends further support to the notion that they were native to America and deeply rooted in Indian life….paintings and drawings reinforce that image. The single most important picture in this regard is Theodore de Bry’s engraving of Le Moyne’s drawing of “How Outina’s Men Treated the Enemy Dead.” Based on Le Moyne’s observations in 1564-65, the 1591 engraving was the first pictorial representation of Indian scalping, one faithful to Le Moyne’s verbal description and to subsequent accounts from other regions of eastern America. The details—sharp reeds to extract the scalp, drying the green skin over a fire, displaying the trophies on long poles, and later celebrating the victory with established rituals by the sorcerer—lend authenticity to De Bry’s rendering and support to the argument for the Indian invention of scalping….[I]n the end, the American stereotype of scalping must stand as historical fact, whether we are comfortable with it or not.”

In summary, the word was obviously not meant literally to refer to a baseball game. Nor was the use of it was in no way libelous to real Native Americans. Yahoo’s pearl-clutching, and that of social media political correctness cops, is more offensive by far than the Fox chryon.

2.  As if you didn’t have to jump through too many hoops to fly already…In 2005, Congress passed the Real ID Act, which made the addition of a star to state IDs  and drivers licenses necessary to have access to nuclear power plants and federal facilities. Then some genius decided that access to airplanes should be added to the list. Continue reading →

The Return Of The Finger Gun

/ Jack Marshall / 22 Comments

 

If finger guns are made illegal, only those with fingers will have guns. No, wait..if fingers that can be be made into guns are illegal, only criminals will have fingers. No, that can’t be right…

I cannot resist posting this right after the previous post.

The last time Ethics Alarms discussed punishing children for making finger guns was in 2013. A six-year-old boy in Maryland’s ultra-progressive Montgomery County was suspended from school for making a finger and thumb gun gesture.

This came at the height of post-Sandy Hook anti-gun hysteria, though that was no excuse. I concluded the post,

This is, in order of importance,

  1. Child abuse. This young boy is being treated like a wrongdoer because the adults around him are acting like babies. Will they suspend him for making really scary faces next? Biting his pizza slice into threatening shapes?
  2. Proof of incompetence on the part of the school administrators. Why incompetence? They are stupid, that’s why. Only certifiably stupid people would think it is fair, sensible or reasonable to punish a first-grader for making a gesture kids have been making on playgrounds for hundreds of years, without a single casualty.
  3. Why many people lose respect for anti-gun zealots early in life. They forfeit all respect by acting like ninnies.

The dismaying aspect of this is ridiculous episode is that it has happened before in other schools, and clearly the message wasn’t sent clearly enough to the previous offenders–that is, the fools who victimized innocent children for miming, drawing or otherwise suggesting guns—that this kind of conduct is a career-ender. It should be; it has to be. Such irrational fearfulness, bad judgment, panic, disregard for the sensibilities of the young, lack of proportion and brain dysfunction forfeits all right to trust, and such fools must not be allowed to have power over young bodies and minds.

Nevertheless, it has happened again. Continue reading →