I held out this terrific Comment of the Day by Isaac for almost a week, waiting for just the right moment. The right moment occurred when I decided that having to write one more word about mass shootings, “the resistance” losing its mind, or the news media finally giving up any pretense of competence and objectivity would turn ME into a mass shooter. The topic here is hip-hop and “beat-jacking,” of which I previously knew nothing.
Intentionally appropriating someone else’s song and adapting it, without permission from the original artist, I think would be considered unethical. In hip hop parlance this is “jacking,” “beat jacking” or “biting” and is considered okay by no one, even though it happens all the time. Hip hop history is filled with drama and fighting over stolen beats and songs. But where, if anywhere, the law needs to come in on this is a mystery. It’s near impossible to prove what’s intentional and what isn’t.
The line between “beat jacking” and just “sampling” (the foundation of hip hop and a few other genres) can be blurry but there is a difference. Here’s a quick and dirty guide:
-If you pull an MC Hammer or Vanilla Ice and basically perform karaoke over someone else’s music, that is obvious beat-jacking and you face cultural rejection and/or retribution. It’s also FIRMLY illegal to do this now, and it was toeing the line when Hammer and Ice did it (Vanilla Ice was forced to pay up despite having slightly changed the famous bass line of “under pressure” for his lousy song.) The more well-known the original, stolen song is, the less likely your peers will tolerate this, legal or not. Continue reading →
An 18-month Senate investigation resulted in a searing report that found the U.S. Olympic Committee—among others— failed to protect young female athletes from sexual abuse. On July 30, Sen. Jerry Moran (R-Kansas) and Sen. Richard Blumenthal (D-Connecticut) released the long report detailing “widespread failure by the U.S. Olympic and Paralympic Committee (the “Committee”) and other institutions to keep athletes safe.”
The effort was sparked by the ugly scandal surrounding Dr. Larry Nassar, the USA Gymnastics team doctor, who was sentenced to up to 175 years in a Michigan prison after it was revealed i 2016 that he had sexually abused and assaulted hundreds of female athletes.
The report and its contents have not received sufficient publicity in mainstream media sources, and one is left to speculate on why. The Senate Commerce Subcommittee on Manufacturing, Trade, and Consumer Protection found that, from summer 2015 to September 2016, Olympic organizations hid the extent of Nassar’s crimes from the public and athletic community “to the detriment of dozens of women and girls who were sexually abused during this period of concealment.”
Those “other institutions” impugned in the 235-page report included the FBI. “The FBI failed to pursue a course of action that would have immediately protected victims in harm’s way. Instead, the FBI’s investigation dragged on and was shuffled between field offices,” the report states. This was not, as many media reports misleadingly suggest, just a failure of sports organizations. “Hundreds of women and girls were sexually abused by Larry Nassar” when basic competence, concern and diligence in many organizations, including law enforcement, would have saved them.
This is the main reason that I am no longer a member of the ABA, which has become more political and partisan with each passing year. I have often presented ethics courses for ABA sections in the past, and will probably do so in the future. But the legal profession is one of many that has lost its ethical bearings of late, and the resolution its largest and most prestigious association will consider this week (the ABA’s annual convention begins today) is proof.
Here is the resolution (emphasis mine):
RESOLVED, That the American Bar Association urges legislatures and courts to define consent in sexual assault cases as the assent of a person who is competent to give consent to engage in a specific act of sexual penetration, oral sex, or sexual contact, to provide that consent is expressed by words or action in the context of all the circumstances, and to reject any requirement that sexual assault victims have a legal burden of verbal or physical resistance.
This is essentially the same standard that the Obama administration forced upon colleges and universities with its infamous “Dear Colleague” letter, resulting in many male students being persecuted, punished, suspended, or expelled without due process, based on an institutionalized bias in favor of female accusers.
The National Association of Criminal Defense Lawyers effectively expressed how sinister the resolution is in a statement issued on July 25, stating in part,
The criminal defense lawyer association notes elsewhere in its letter that this definition would necessarily undermine the Fifth Amendment right to remain silent, since “[t]he resolution will often force the defendant to testify in order to present evidence that consent was expressed.”
The NACDL also points out that the American Law Institute proposed revising its l Model Penal Code to include an affirmative consent standard. The ALI’s membership rejected that proposal, as it should have, and did so decisively.
The ABA membership is more politically diverse—and principled—that the official posturings of the association itself suggests. I suspect, and hope, that this abomination of a resolution, which would be a disgrace for any legal organization to endorse, will fail. The fact that such a resolution would even make it to the voting stage is one more ominous piece of evidence that the progressive forces seeking to weaken the Bill of Rights are infiltrating all of our professions and institutions.
Notes on the impending gun control summer re-runs..
There is literally no significance to the fact that there were two mass shootings within 48 hours of each other last week. None. It is pure moral luck, nothing more. If the shootings had occurred weeks apart, or months, the same factors would have been at play, and the same number of people would be dead or injured.
A responsible news media would explain this, as the public looks at these things emotionally rather than rationally. Instead, the news media is doing the opposite.
President Trump has decided that it is politically expedient to “do something,” so he tweeted this morning that he favored “strong background checks” in order that “those killed in El Paso, Texas, and Dayton, Ohio, [not] die in vain.” This will annoy Second Amendment champions, and it is certainly a nice example of the “Barn Door Fallacy.” Background checks, however strong, wouldn’t have stopped these shootings in all likelihood, or the vast majority of mass shootings.
It is also possible that the President is being smarter than it seems, since he mentioned some kind of more gun regulations for actual immigration reform compromise. Of course that kind of trade-off makes sense. I suggested that exact deal when Obama was President, but he preferred to whine about how he couldn’t work with Congress rather than compromise. Trump will compromise, in part because he’s a pragmatist, in part because he has no ideals.
“Never on a Sunday”just doesn’t apply to the ethics biz.
Historical note:in 1960, the English language version of the title song from the hist Greek comedy “Never on a Sunday” was constantly on the radio. My friends were singing it; the song won the Oscar for Best Song. Nobody seemed to mind, or bothered to tell all the kids singing the cheerful earworm, that the song was about a prostitute who wouldn’t accept payment to be boinked on a Sunday. The translated song’s word “kiss” was a euphemism.
1. That bastion of ethics, California! Senator Kamala Harris has come under fire for pursuing aggressive prosecution policies while California Attorney General, in stark contrast to he campaign rhetoric regarding mass incarceration of minorities. Now the California Department of Corrections and Rehabilitation has removed many of the more controversial arrest records during her term in office. from the Washington Free Beacon:
The department removed public access to a number of reports on incarceration in the state, including when presidential candidate Kamala Harris (D.) was California’s attorney general. Twice a year, the CDCR releases information about the number of new individuals incarcerated in the California prison system as part of its “Offender Data Points” series. These reports provide important information on demographics, sentence length, offense type, and other figures relevant to criminal justice and incarceration.Until recently, these reports were publicly available at the CDCR’s website. A search using archive.org’s Wayback Machine reveals that as of April 25, 2019—the most recent indexed date—ODP reports were available dating back to the spring of 2009. As of August 2019, the same web page now serves only a single ODP report, the one for Spring 2019. The pre-2019 reports have been removed….the reports contain information about Harris’s entire time as state A.G., 2011 to 2017.
As John Travolta memorably says in “Face-Off”: “What a coinky-dink!”
Is this a partisan abuse of power designed to keep information away from the public and the media in support of favored candidate? It is. An ethical recipient of this assistance would condemn it and demand the State records be restored. In this case, however, it would be more in character for Harris to have requested the purge.
2. Another shooting, another misleading stat. Today’s shooting in Dayton, coming right on top of last week’s El Paso Walmart massacre, has revived the “mass shooting a day” trope that was used repeatedly in 2018. Thus USA Today wrote today that there have been 250 “mass shootings” in 216 days this year. That’s deliberately misleading and deceitful.
The trick seems to be based on the non-partisan Mass Shooting Tracker, which uses the definition of “mass shooting” that includes any time four or more individuals are shot, excluding the shooter. Thus the number is inflated with gang shoot-outs, domestic violence, and incidents like this one, from a high-crime section of President Trump’s favorite city, Baltimore, last month:
“Police responded to a triple shooting in Northwest Baltimore late Saturday that left two males with serious injuries. Shortly before 10:30 p.m., police were dispatched to the 2800 block of Boarman Avenue for a shooting. They found three males with gunshot wounds. One victim was shot in the leg, an injury that was not life-threatening.”
Do you think of the Gunfight at the OK Corral as a mass shooting? It was by the USA Today standard, though only three men were killed. Two of the Earp brothers and Doc Holliday were shot, so it was a “mass shooting.”
When media outlets and politicians point to a true mass shooting like the one in El Paso, where 20 died and many were wounded by a madman, and say “this is the 250th Mass shooting this year,” that sounds like “we have had 250 shootings like this in 2019.”
And that’s what you are supposed to think. All the better to scare you into giving up your right to personal protection.
3. Teddy Roosevelt and “Mr. Dooley.” In Doris Kearns Goodwin’s “The Bully Pulpit,” she tells the story of how Finley Peter Dunne, the social critic, pundit and humorist who wrote in the voice of the fictional Irish barfly, “Mr. Dooley,” wrote a scathing review of then New York Governor Theodore Roosevelt’s account of his exploits in the Spanish American War, “The Rough Riders.” Dunne mocked Teddy as representing the war as a virtual one-man triumph, and suggested that the book would be better titled, “Alone in Cuba.”
Roosevelt wrote him soon after, saying, “I regret to state that my family and intimate friends are delighted with your review of my book. Now I think you owe me one; and I shall expect that when you next come east you pay me a visit. I have long wanted the chance of making your acquaintance.” They eventually met at the Republican Convention in 1900, and Roosevelt handed him a news scoop: he would accept the nomination as President McKinley’s running mate.
They remained friends and correspondents even though Dunne, as Dooley, continued to lampoon Teddy. Dunne wrote later, “I never knew a man with a keener humor or one who could take a joke on himself with better grace.”
This is the mark of both a secure and a wise leader, as well as one with a sense of humor and proportion. We have had few such leaders, and fewer such Presidents. Imagine how much better off President Trump would be if he had treated critics like Stephen Colbert and Samantha Bee the way Teddy treated Dunne. Imagine how much better off we all would be.
4. What? Young female athletes handed off by their parents to adult coaches and into unsupervised interaction with older male athletes are often sexually abused? How could that be? Three-time United States skating champion and Olympic meal winner Ashley Wagner said this week John Coughlin, a male figure skater who commited suicide in January, had sexually assaulted her when she was 17. (Wagner is 28 now.) Writes the Times, “The accusations have further raised concerns that the dynamics of figure skating feed a culture in which young women are all too vulnerable.”
Gee, ya think? It is, has been and will always be irresponsible parenting to send young athletes out of parental oversight into the clutches of strangers because the parents lust for vicarious fame and direct fortune. At best, even if they avoid the molestation that is too common to ignore, they have been deposited into an unhealthy life path. Today’s Times recounts the story of how young Natalie Wood, being showcased to Hollywood studios by her aggressive stage-mother, was raped twice at an audition when she was 16. Her mother never reported it, lest Natalie be blackballed by the many Harvey Weinsteins in the industry. Women’s sports are no different.
“In the Common Law, children are the property of their parents who, in law, “are entitled to the custody, income and services” of the child. The presumption is that parents will not willfully take advantage of their child’s vulnerability, and their inability to disobey. Sadly, the reality faced by children in today’s world is at odds with this presumption.”
This is a much a child endangerment problem as a sexual predator problem.
An old friend, and one of my favorite people in the world, just suffered a terrible tragedy, one of those random, devastating, lightning strikes to the heart. He is much loved, and will be hearing from many, including me, once I figure out what to say. I’m always flummoxed in such situations, hating to mouth platitudes (I’m so sorry for your loss), but unable to think of anything more helpful.
1. The Washington Post factchecker is trying to be non-partisan again. I wonder how long it will last this time? He gave Cory Booker four Pinnochio’s for his statement during the last debate, “We lost the state of Michigan because everybody from Republicans to Russians were targeting the suppression of African American voters.”
That one missed the cut in the Ethics Alarms post. It is a complete lie, absolutely baseless. It is exactly as false and irresponsible as President Trump’s claim, unmoored to anything but wild speculation that widespread voter fraud cost him California. That, of course, was roundly mocked and condemned by some of the same pundits who are rooting for Booker.
Glenn Kessler explains in his article that there are absolutely no facts that support Booker’s claim. It is just made up. No data exists that indicate that Russian social media hi-jinks cost Clinton votes in Michigan, or anywhere, for that matter, much less the thousands of votes needed to flip the state. Nor does Michigan have any new measures that that would have suppressed African American voters. Indeed Clinton lost because the African American turn-out was not as strong as 2012, but that was expected, and the fall-off was approximately what was predicted. Kessler concludes, “[W]e could not find any specific examples of new laws enacted between 2012 and 2016 that could have reduced African American turnout. In fact, the Republican governor in 2012 vetoed a bill that would have required a photo ID for absentee voting.”
The worst thing about Donald Trump, we are told, is that he habitually makes statements like Cory Booker’s. Continue reading →
[Notice of corrections: This post had way too many typos, and I apologize profusely. Thanks to Crella for alerting me. I think I got all of them.]
I have a theory.
I wish I didn’t.
Therese Kozlowski got a videotape of her husband Brian poisoning her coffee with sleeping pills. Even with this evidence, the poisoner received a sentence of just 60 days in jail, which he will be allowed to serve on the weekends. The prosecutor called the sentence “a slap in the face” of the victim. Oh, it’s much worse than that.
It all started after Therese said she wanted a divorce. Then she noticed that she was feeling drowsy and tired on mornings when Brian made the coffee. She narrowly avoided an accident when she fell asleep while driving to work. So she secretly installed a small video camera by the coffee machine, and sure enough, Brian was putting the equivalent of eight sleeping pills in the morning java.
“Brian’s continuous, methodical, and calculated plot to poison me included a complete disregard for human life, including his own daughter [she also drank some of the spiked coffee], along with hundreds of other drivers who he put at risk every day for weeks,” Therese Kozlowski said in court. “I believe this was attempted murder. Once Brian realized he lost me and there was no getting me to stay in this unhealthy marriage, his goal was to eliminate me.”
And I don’t even like Friday, since small businesses like mine acknowledge no weekends, and ethics never sleeps…
1. Loyalty Ethics. Joe Biden got knocked around in the debate this week for supporting Barack Obama’s policies. Joe remained steadfast, saying, “I was a little surprised at how much incoming there was about Barack, about the President. I’m proud of having served him. I’m proud of the job he did. I don’t think there’s anything he has to apologize for. He changed the dialogue, he changed the whole question, he changed what was going on. And the idea that somehow it’s comparable to what [ President Trump] is doing is absolutely bizarre.”
Obama, however, has been silent. Now talk-show host Jesse Kelly, among others, is questioning Obama’s loyalty, tweeting, “The silence from Barack Obama as his Vice President of eight years gets torn limb from limb on his behalf is fascinating. Not even a polite word of support. Either those two are really on the outs or Obama truly is a political machine with no sense of loyalty.”
Fair? I don’t think so. It is not appropriate for Obama to start playing favorites as this stage pf the nomination process. He may realize that being seen as having to come to Joe rescue might hurt more than help: can Biden stand up for himself, or can’t he? That doesn’t mean that Obama is not a political machine with no sense of loyalty; I suspect that he is, as most of our Presidents have been. I also suspect that Obama thought Biden was a dolt, which, as we know, he is.
2. NBA sexual exploitation/ virtue-signaling ethics. I don’t know what to make of this story. Maybe you can explain it. The Milwaukee Bucks are eliminating their traditional, all-female T&A sideline “dance team” and replacing them with a gender-inclusive dance team named the 414 Crew. (Wait: my Facebook friends are arguing that an all-female editorial board is still diverse! Why was this necessary?) From the Bucks brass: “We’re kind of constantly looking to evolve and broaden our reach and be as inclusive as we possibly can.” Oh. That’s funny, I assumed that scantily clad women moving provocatively was a crude way to please the NBA’s and NFL ‘s overwhelmingly male market. If teams finally recognize that these acts were demeaning to women, why not just eliminate them? Why does a pro-basketball team need “dancing, tumbling, break-dancing, tricking and other unique talents” on display during the game? Why not magic acts? Fire-eating? Continue reading →
4. Asshole comment of the night: Pete Buttigieg saying that we have to ask how Donald Trump even got “within cheating distance of the Presidency.” The Democrats still refuse to admit that the election of the President was legitimate, without any evidence whatsoever. I don’t care who they are running for, the White House or mayor of East Podunk. I am not forgiving or trusting such a party until they recant, or are properly punished.
5. Do these people realize how ridiculous and irresponsible they sound regarding climate change? Beto O’Rourke: “I listen to scientists on this, and they are very clear. We don’t have more than 10 years to get this right.” Mayor Pete Buttigieg: “Science tells us we have 12 years before we reach the horizon of catastrophe when it comes to our climate.” How many times does the boy have to cry wolf before people catch on?
And, incredibly, there was support expressed by the two top demagogues on the stage for the absurd and totalitarian “Green New Deal.” Warren (who proved her intellectual dishonesty and lack of integrity by co-sponsoring the Green New Deal bill, though it wasn’t worthy of a sixth grade science student, much less a Harvard professor): “Climate crisis is the existential crisis for our world. It puts every living thing on this planet at risk.” Classic fact-free fear-mongering. Absolutely no scientist has suggested that “every living thing” is as risk even with the most dire climate chance models. As I have noted before regarding Warren, she deliberately tries to exploit public ignorance, and asserts things that we know she knows are not true. How can anyone support someone like that?
Then comes Bernie Sanders: “We can create what the Green New Deal is about. It’s a bold idea. We can create millions of good-paying jobs. We can rebuild communities in rural America that have been devastated. So we are not anti-worker. We are going to provide and make sure that those workers have a transition, new jobs, healthcare and education.”
The crypto-communist knows that what the Green New Deal is all about is, as Ocasio-Cortez’s guru, Saikat Chakrabarti, explained to the Washington Post, the Green New Deal isn’t “a climate thing at all,” but a stealth “how-do-you-change-the-entire-economy thing.,” and, necessarily, a put government’s iron boot down on personal liberty thing, though neither Bernie, Liz, Saikat or the other aspiring totalitarians in the party will say so out loud.
6. When moderator Jake Tapper asked “whether the middle class should pay higher taxes in exchange for universal coverage and the elimination of insurance premiums,” Sanders rebuked him for using “a Republican talking point.” Thus was born a new progressive dodge. The next night’s debate participants quickly took up the task of distorting yet another term to make honest debate more difficult. My favorite was Julian Castro’s “Open borders is a right-wing talking point.” Continue reading →
[I’m reviewing last night’s debate first, and will catch up on Debate 2A later today. The candidates on the stage were Joe Biden, Kamala Harris, Cory Booker, Kirsten Gillibrand, Tulsi Gabbard, Julián Castro, Bill de Blasio, Michael Bennet, Jay Inslee and Andrew Yang]
1. The most obvious point is that having 10 participant televised “debates” is no way to pick a President. It’s incompetent, it is unfair to all the candidates, the audience, and even the moderators, who have to make their priority trying to allocate time fairly among the ten rather than guaranteeing an enlightening discussion. and it highlights skills, or the lack of them, that have a dubious relationship to leadership and being an effective President.
2. If Joe Biden gets the nomination, it will only highlight how mind-numbing;y awful the alternatives were. Because his first debate performance was so dreadful, the spinners are trying to term this one a success because it was better, a non-ethical adaptation of Rationalization #22, “There are worse things.” Biden was as verbally chaotic as ever, but looked shockingly tired, enervated, and unenthusiastic, as well as just plain old. He reminded me of Fred Thompson’s regrettable run in 2011, when it was so clear that his heart wasn’t in it, and that his vigor had fled. Biden shouldn’t be running.
3. Biden still managed to utter one of the most unethical sentences of the night:
“I have the only plan that limits the ability of insurance companies to charge unreasonable prices, flat out, number one. Number two, we should put some of these insurance executives who totally oppose my plan in jail, for the 9 billion opioids they sell out there.”
Intentionally vague, misleading, careless and faintly totalitarian! Good job, Joe!…
What’s an “unreasonable price” to a group that thinks that its fair to make insurance companies agree to pay for medical expenses that they know are coming because the insured already has the problem when he or she bought the insurance?
As the New York Times detailed here, it is hardly just the big drug companies who have fed the opioid crisis. Major drugstore chains and Walmart, contending they distributed billions of painkillers. Unscrupulous doctors wrote dangerous prescriptions. There is also no supply without demand: many opioid addicts share responsibility, perhaps the major share, for their plight. Joe, however, with a blunt mind and blunt rhetoric, deceptively reduces a complex issue to “Drug companies BAD!” to pander, to inflame, and to keep the public in the dark. Or maybe he believes its that simple.
[Update] My mind just assumed that Joe wanted to jail pharmaceutical executives for selling opioids, and I still think that’s what he meant, but who knows with Joe? Joe is such a muddled fool that my auto-correct failed me. He was saying that insurance companies are breaking the law by fulfilling their obligations? What IS he saying? Thanks to commenter William Reese for flagging this.
Did he really mean “we should put some of these insurance executives who totally oppose my plan in jail”? I assume not, but since the party he belongs to is tilting more toward liberal fascism every day, this is a dangerous phrasing, because a lot of progressives would be happy to jail political opponents.
