Ethics Alarms master commenter Mrs. Q has the highest ratio of Comments of the Day to comments of any of the erudite participants here. If she would consider it, I’d love to feature her ethical musings in a regular column on the blog. This is the first of two Mrs. Q compositions you will see this weekend; it concerns the issues of euthanasia and consent, which were explored in twoposts this week, and a poll. Regarding that: here is the still live survey regarding the hypothetical I posed in this follow-up to the one about the Dutch doctor:
As you can see, those supporting the opposite position of Mrs. Q (and me) are in a distinct minority.
My God fearing Catholic grandma had the opposite response to yours. She was 102 & 7mo. and after breaking her hip it was too late to even think of surgery. She continued to weaken & lose weight yet she fought by drinking milkshakes & trying to greet her many family/visitors.
Before she got to this point a few years prior, her care coordinator somehow changed her directive to DNR, which as a Catholic she wouldn’t have agreed to, yet this person tried to convince the family that my grandma said yes to the change. If my family hadn’t checked the paperwork, my grandma’s incorrect and unauthorized change would have remained; however our family changed it back. My understanding is such acts are not uncommon in these facilities.
Fast forward to her last days. She was increasingly given higher doses of morphine & we weren’t allowed to even give her sips of water, though she was clearly thirsty. Her last words ever spoken while she gripped onto me, and heard by everyone in the room were “I don’t want to die.” She didn’t want to go and the nursing home was killing her and she knew it.
I still feel complicit in her death, as I tried to “go along” with staff who I assumed knew best. Continue reading →
“Well, I mean, I would just say, hey, Joe, instead of saying, no, we can’t, let’s say yes, we can.”
Democratic Presidential nominee hopeful Senator Kamala Harris, responding to Joe Biden’s 100% correct observation that a President could not ban so-called “assault weapons” by executive order as Harris had pledged she would, due to the Constitution.
When I was preparing yesterday’s post on the ABC Democratic candidates debate, this statement, which made my head explode at the time it was delivered, was supposed to have a prominent place. Then I couldn’t find it in the transcript. Why? I’m an idiot, that’s why. Somehow I got it in my head that the speaker was Elizabeth Warren, not Harris, so I was searching the transcript for her, and not finding the exchange. Finally I gave up.
Luckily Ann Althouse was similarly nauseated by the same Harris quote, and posted about it on her blog later in the day. Among the truly scary statements, and there were many of them, during the debate (ask your Democratic friends if they can name a single similarly outrageous policy-related quote during any of the 2015 and 2016 debates by candidates of either party) I rank Harris’s as #1, followed by Beto’s epic “Hell, yes, we’re going to take your AR-15, your AK-47…” and Biden’s ridiculous “Nobody should be in jail for a nonviolent crime” statement. (Incidentally, he launched a fun parlor game: see if you can top other players with the most sinister character who would have avoided prison time under Joe’s formula. My favorite: Al Capone). Continue reading →
Come to think of it, grasshoppers are not particularly ethical. Does anyone even recognize references to “Kung Fu” and Master Po any more? It had a Caucasian actor (David Carradine) playing an Asian hero, so I guess it’s considered racist now.
Never mind.
I need a drink…
1. One more note about last night’s debate...I was listening to NPR’s efforts to spin the debate this morning. A Democratic consultant, who hardly could have been surprised by the question, was asked “Who won?” He paused, stammered and said, unconvincingly, “The Democratic Party?” Exactly! As conservative wag Stephen Kruiser wrote today,
They don’t want you armed and able to protect yourself.
They don’t want you taking care of your children.
They don’t want you making your own decisions about your healthcare.
They want you to pay more in taxes for the privilege of losing your freedoms.
What’s not to like?
2. The new book “She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement” reveals more details about the efforts by lawyers David Boies and Lisa Bloom (the victims advocate and daughter of Gloria Allred) to protect Harvey Weinstein from having his predations on women revealed. In one memorable memo the book shows to the world, Lisa Bloom wrote to Weinstein in December 2016 laying out a multistep playbook on how to intimidate accusers or represent them as liars. Regarding actress Rose McGowan, who claims to have been raped by Weinstein and who has since become a visible activist regarding his conduct and that of other Hollywood figures, Bloom wrote,
“I feel equipped to help you against the Roses of the world, because I have represented so many of them….We can place an article re her becoming increasingly unglued, so that when someone Googles her this is what pops up and she’s discredited.”
Not surprisingly, McGowan is furious, and said of Bloom, “Her email is staggering. Staggering! …This woman should never work again. Lisa Bloom should be disbarred. So should David Boies.” Continue reading →
1, The overwhelming impression one—well, this one—got from last night’s depressing Democratic candidates debate is that the United States of America has somehow painted itself into a corner where one of the worst characters in American political history is nonetheless the shaky human firewall against a calculated overthrow of the American experiment by a sickening conspiracy of power-seeking demagogues, democracy-defacing socialists , individual liberties-rejecting totalitarians, and, of course, and a news media that self-righteously views itself as the propaganda agent for all of these. In the immortal words of Chester A. Riley, wing riveter at the fictional Cunningham Aircraft plant in California, “What a revoltin’ development this is!”
But here we are.
2. Symbolic of the plight was the sight of long-time Clintonista and Democratic Party operative George Stephanopoulos sitting in the debate moderator’s chair last night. No one who is aware of the ABC host of the news division’s morning and Sunday show could possibly view his presence as anything but an overlay of bias and a guarantee of soft-ball questions and general favoritism. The problem is that many, perhaps most, of the target audience of last night’s fiasco are not aware of it. Remember 2015, when the GOP hopefuls subjected themselves to the sneering contempt of such leftist moderators as CNBC’s panel of Becky Quick, John Harwood, and Carl Quintanilla? Their questions and interjections from the moderators were, as I observed at the time, ” so hostile, so disrespectful, so obviously concocted from a biased perspective,” that there was criticism from all sides of the political spectrum. Nonetheless, at least the Republicans were challenged, and they knew that partisan opponents facing them were not going to countenance flagrant misinformation. This is why the DNC’s cowardly decision to freeze Fox News out of the debates was such a transparent effort to avoid fair vetting of the candidates, fair meaning in this case, something more challenging than boot-licking submissiveness. “It was a great debate. I think we learned a lot tonight,” the lackey enthused after it was all over. Did anyone really think that was a great debate? That kind of self-evident spin is supposed to be reserved for people like Tom Perez. Continue reading →
The Euthanasia Slippery Slope: A Case Study, this morning’s post, has attracted a wider range of opinion than I expected. I considered attaching a poll to the original post; now I’m going to go a step farther, and base that poll on a hypothetical of the kind that I use in my legal ethics seminars.
Speaking of those, on Tuesday, September 17, in Richmond, VA, and Wednesday, September 18, in Fairfax, VA, I’ll be presenting “The Greatest Legal Ethics Seminar Ever Taught!” for three hours of legal ethics CLE credit to Virginia lawyers and others. The title reflects, other than my own warped sense of humor (“The Greatest Story Ever Told” is one of the worst movies I’ve ever seen), the fact that the legal ethics hypotheticals being discussed cover what I have found to be many of the most contentious, fascinating legal ethics issues extant over 20 years of doing these things. Moreover, I am being joined by my friend and colleague, John May, who approached these issues from the perspective of a practical litigator as well as one who often defends lawyers accused of ethical improprieties. He’s also one combative and clever pain in the ass who loves disagreeing with me, so I recommend bringing popcorn. The details are here.
I’m stunned at how little publicity and outrage has been generated by the just-revealed Triple Crown scandal. I’m hoping it’s because thoroughbred horse racing is such a marginal sport today that nobody cares about it—quite a fall for “the sport of kings,” which was once among the three most popular sports in the U.S. I fear it is because the public has become so cynical about sports generally that ethical breaches don’t surprise of bother them much.
1. Speaking of ethics insanity in sports: A female teen champion swimmer for Anchorage’s Dimond High School easily won the 100-yard freestyle during last week’s night’s meet against a rival school. Then she learned that she had been disqualified, because her swimsuit was exposing too much of her buttocks, according to an official. The swimmer was wearing the exact same suit as her team mates and her competition; the problem was, apparently, her body, which was “curvier” than the typical female swimmer, perhaps because she was a mixed-race competitor in a sport that is almost exclusively white.
Another official who was working during the meet, told the Anchorage Daily News that one of the female refs complained that the bottom of the girl’s suit “was so far up I could see butt cheek touching butt cheek.’’
The Horror.
From the Washington Post: “Anchorage School District officials have announced that they reviewed the incident and concluded that the teenager “was targeted based solely on how a standard, school-issued uniform happened to fit the shape of her body,” and that the referee’s decision was ‘heavy-handed and unnecessary.’ The district is appealing to the Alaska School Activities Association, asking to reverse the swimmer’s disqualification, return all points to her team, and revoke certification for the referee who made the call. The district is also seeking to suspend and eventually revise the guidelines in place for appropriate swimsuit coverage, which officials said were ambiguous and left room for biased interpretation.”
They should also ask that rudimentary ethics alarms be required of all swimming judges.
2. There is hope! Two recent polls—stipulated: any poll is likely to be misleading and worthless–suggest that Ethics Alarms hasn’t been entirely futile in its—to some—excessive coverage of what I believe to be the two most important ethics stories on our times: the Democratic Party’s rejection of its duty to uphold American institutions and respect elections, and the corruption of American journalism. Oh, I have no illusions that this oft-censored little blog has contributed much to enlightening the public, but I’m satisfied that it contributes in a small way to the zeitgeist, which is vital if the nation is going to survive the assault on its values.
The first study comes from the PR agency, Bospar, in collaboration with Propeller Insights. Its survey of 1,010 American adults found that more than 95% are troubled by the current state of the news media, with 53% citing “reports on fake news,” 49% citing “reporting gossip,” and 48% citing “lying spokespeople,” as concerns. 67% believe ethics in journalism will be worse during the 2020 presidential campaign–I’d say that’s a safe bet. I’m amazed that anyone wouldn’t expect this.
Oddly, almost all of my Facebook friends reside in that less than 5% who feel the news media is as pure as the driven snow, and anyone who impugn its objectivity is a Nazi, racist, moronic Trump supporter.
The second comes from the more reliable Pew Foundation. Pew data from last year showed that most Americans had a favorable opinion of the Democratic party, and a negative view of the GOP. 53 % of respondents last September said that they viewed the Democratic party favorably, compared to 42% who said they viewed it unfavorably. In the same survey, 43% had a favorable view of the Republican Party compared to 52% who had an unfavorable view. This September’s Pew survey shows that most Americans view both the Democratic and Republican parties with disfavor, and in exactly equal proportions: 45 % positive, 52% negative.
Good. The Democratic Party has been behaving crazy and irresponsibly for more than three years, a I’ve tried to document; they deserve this result. Continue reading →
Dr. Kevorkian was happy to help you kill yourself…
As health care costs rise and the public as a whole becomes more financially responsible for the care of individuals; as the population ages and the massive increase in health care costs in the final years and months of life becomes an increasing burden on society, and as legal abortion stays front and center as the most brutal form of utilitarianism, where a weaker and “lesser” life is deemed expendable for the well-being of others, I expect the United States culture to be drawn closer and closer to the seductive policy of legal euthanasia. It is now legal in Washington, D.C., California, Colorado, Oregon, Vermont, Maine (as of next year), New Jersey, Hawaii, and Washington. You may note what these states all have in common….not that there’s anything wrong with that.
I believe that permitting an individual to kill another with the victim’s consent is so ripe for abuse—Dr. Kevorkian comes to mind—that it crosses an ethical line that should be thick, black, and forbidding. The alleged consent can too easily be coerced or manufactured for the convenience of others. A recent case in the Netherlands confirms my strong reservations.
The unidentified patient, 74, had asked in writing for doctors to end her life if she had to be admitted to a nursing home, and if she thought the time was right. When she entered a home in 2016, however, though incapacitated, she appeared to have changed her mind, and gave what prosecutors called “mixed signals” about her desire to die. Continue reading →
ARRGH!! Half-way through the day, and not out of my pajamas yet!
1. Here’s the kind of comment that won’t get an aspiring new commenter approved…From Erik Guettler: “It’s sad that you think you actually know anything about ethical behavior by criticizing Bill Maher, while Donald Trump’s the most unethical, openly racist and corrupt president Americans have ever had.”
The comment fails on many levels. To begin with, it’s stupid (there is a stupidity justification among the Ethics Alarms banning tenets.) Criticizing Maher for his frequent absence of functioning ethics alarms cannot make me think I know anything about ethical behavior. The opposite is true: it is because I am an ethicist that I criticize Maher, though it hardly requires an expert to recognize his unethical conduct.A relatively well-raised 17-year-old could do it.
Second, the comment breaches basic ethical analysis principles, not to mention common sense: President Trump’s conduct is irrelevant to how unethical Maher is, as is my criticism, or not, of the President. Third, his list of Trump failings is—oooh! Let me finally use this!—NPC junk. Neither he nor anyone can find me any “openly racist” conduct or statements on the President’s part, for this is one of the Big Lies (#4, to be exact.) I have gone through this dance with many Trump Deranged Facebook friends. Challenged to back up the “openly racist” lie, they babble about how he challenged Obama’s birth certificate, and go downhill from there. The statement that he is the “most unethical” President, personally or professionally, is proof of historical ignorance and bias. Unethical he is, but whether Trump’s lack of ethics is more or less substantive than that of Andrew Jackson, James K. Polk, Woodrow Wilson, Franklin Roosevelt, Jack Kennedy, Lyndon Johnson, Richard Nixon or Bill Clinton is a matter of legitimate disagreement. The “corrupt” accusation is also non-substantive, unproven, and based on supposition and bias rather than evidence.
But never mind all that: the claim that Ethics Alarms has somehow ignored Donald Trump’s ethics deficits is so easily disproved that the insulting comment is an example of reckless disregard for the truth.
The American Bar Association and most state bars have added an ethical requirement for lawyers to be competent and knowledgeable regarding relevant technology. In 2012, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology . . . .” Since then, at least twenty-seven states have officially adopted Comment 8 or some version of it as part of their rules of professional conduct. It’s still a long slog; many lawyers, far too many, are limited to email and Google searches, and often aren’t sufficiently adept at either. There should be such a requirement in every jurisdiction, and the ABA language is far too vague and lenient.
Judges, however, often make lawyers look like cyber-whizzes. Here’s a ridiculous example from Franklin Country in Washington, where superior court judges disagreed with their clerk about transitioning from paper to electronic files. The clerk “deemed it unnecessary” to incur the expense of maintaining duplicate paper files after a paperless filing system was implemented . The judges declared an emergency (!) and issued an order directing clerks to keep paper files. One gutsy, probably soon to be unemployed clerk refused. The judges then appointed a special prosecutor to pursue civil claims against the clerk. Continue reading →
1. On torturing the homeless with earworms. The city of West Palm Beach, Florida has been blaring the horrible kids song “Baby Shark,” as well as another annoying song in the genre, “Raining Tacos,” outside an event center to drive homeless people away. Listen…
The homeless and their advocates object to the tactic as cruel and counter-productive. The city says it only wants to make them go to homeless shelters.
This is a case of “ick” rather than unethical conduct. Music is used to keep subjects of torture awake in some cases, and auditory assault by kids’ songs is only different in kind from high-pitched beeps and other more direct methods used around the country, such as recordings of chain saws . Some cities have even outfitted parks and public spaces with devices that blast a high-frequency sound that only teenagers and young people can hear.
The use of annoying songs passes the utilitarian test, I think. In this case, the desired end justifies the means. I will change that assessment of there is evidence that one or both of the two songs are literally driving the homeless insane.
That is a distinct possibility. Here’s “Raining Tacos”:
2. Let’s try to think of the least qualified, most objectionable candidates who would still be better than this trio...It’s official! Mark Sanford, who had to resign as South Carolina governor to avoid being impeached after going AWOL and conspiring to cover it up as he secretly visited his soul mate, a South American seductress, or, as such were called in less politically correct times, “firecracker,” has now declared that he will accept the GOP nomination for President. He now joins failed semi-Republican Senate candidate and Gary Johnson running mate William Weld, who is 74 and hasn’t held office in 22 years; he distinguished himself as a nominee of the Independent Party by announcing that he would vote for Hillary Clinton. Then there’s Joe Walsh, who spent all of one term in the House, and was reduced to being a radio talk show host after it was revealed that he was a deadbeat dad.
The news media is faking fainting spells because the Republican National Committee is not going to hold debates among this ridiculous crew, and is cancelling primaries as well. The RNC’s position isn’t unethical, it is responsible. I held in 2015 that the GOP had no obligation to allow Trump to run for the GOP nomination, and he was a more acceptable and serious candidate than any of these fools—which is not to say that he was serious or acceptable. These are three dead in the water political failures trying to use NeverTrump hate to breath life into the corpses of their careers.
Here’s how bad they are: I’d vote for Newt Gingrich (ugh) or Mitch McConnell (ugh X infinity) over any of them.
3. And this is why our rights are in real and immediate danger. From the Washington Post:
“Americans across party and demographic lines overwhelmingly support expanded background checks for gun buyers and allowing law enforcement to temporarily seize weapons from troubled individuals, according to a Washington Post-ABC News poll, as President Trump and Republicans face fresh pressure to act.”
“Allowing law enforcement to temporarily seize weapons from troubled individuals,” aka the “red flag” laws, is a violation of due process, the Second Amendment, and also a “pre-crime” measure. The public support sit because a) unscrupulous politicians demagogue the issue of gun control, b)the average American, thanks to our incompetent public school system, can’t distinguish a constitutional right from prickly pear, and c) limiting the rights of hypothetical “bad people” is so easy, compared to when one’s own rights are being infringed.
This is a useful poll, because it shows how vulnerable the ignorant are to politicians who want to take over their autonomy and weaken our democracy under the impetus of “do something.” Who is going to explain to these millions of inattentive people with weak critical thinking skills why “red flag” laws are the totalitarian camel;s nose in the tent? President Trump, with his junior high school level rhetoric? Me, with my essays that violate Facebook standards? The news medi-ack! Ack! Gag! Cough! I couldn’t even that ridiculous possibility out. Who?
And who gets to define a “troubled individual”? Anyone with symptoms of depression, anxiety, or stress? That describes 90% of the people I know. Those with irrational anger and obsessions? That’s the entire Trump-hating Facebook Borg, based on my reading this week. People with rocky marriages, conflicts at work with supervisors and co-workers; ranting bloggers? Charles M. Blow? Kurt Schlicter? Stephen Colbert? Alec Baldwin?
We have a dumb, ignorant, lazy, badly educated, civically incompetent electorate that the news media and politicians want to make worse on all counts, and work constantly to accomplish that goal.
Ethics Alarms 