It’s called advertising …. to men who like looking at beautiful women.
The Horror.
If this video advocates unethical conduct, I’d appreciate someone telling me what it is. No, treating the problem of illegal immigration as a joke is not the same as arguing that it is a joke. Try again.
Thank you.
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Pointer: Instapundit
I have been touched by the passionate defenses of the Pope during his visit here, by sincere believers who desperately wanted not to see what was going on. If only Pope Francis respected his supporters enough to live up to the ideals they projected on him, which included insisting, against all evidence, that he was merely talking in broad, moral generalities to Congress rather than lobbying for progressive policies, like making illegal immigration legal.
He was, we were told, only showing us where “true North” was according to the Church. I guess he just forgot to bring up abortion, which the Church regards as murder (and Joe Biden too, when he’s not playing politics) as he was lecturing our legislators about “human rights.”
The second he returned home, the Pope threw gay couples under the Popemobile, stating that Kim Davis’s position as a government official refusing to obey the law was a “right.” Again, his defenders insisted that this was just an abstraction. Now we hear from Davis’s lawyers that she had a secret meeting with Pope Francis. Davis says that he hugged her, gave her a rosary, and told her to “stay strong.”
“That was a great encouragement. Just knowing that the pope is on track with what we’re doing, it kind of validates everything to have someone of that stature,” Davis said.
Naturally, those who can’t handle the truth will say she is lying. There is no evidence that Kim Davis is untruthful, and her lawyer would be facing discipline if they falsely reported what did not occur. This really happened. Continue reading
The unethical prosecutor in State v. Flores. Watch out for her!
It’s always heartening to see a court cite the 1935 Supreme Court case of Berger v. United States, 295 U.S. 78, (1935), famous in legal ethics circles for its ringing statement that government lawyers must understand that their obligation “in a criminal prosecution is not that it shall win . . . , but that justice shall be done.” The principle has been extended by some judges to civil cases as well, making the point that the government in any legal dispute should be interested only in the best interests of citizens and getting the case right. It is less heartening when the cite is in a dissent, as in this case.
The Ninth Circuit, reviewing a conviction for illegal drug importation, conceded that the prosecutor crossed into unethical territory by misstating the law,misstating the defendant’s testimony, and improperly vouching for a witness. Nonetheless, the court in State v. Flores concluded that this misconduct didn’t rise to the level of “plain error,” meaning that the defendant would have been found guilty anyway:
“In sum, while the government misrepresented Flores’s testimony and misstated the law on multiple occasions, in the context of the trial as a whole, it is unlikely that the jury was misled about the law or the facts.”
That’s right: the government misrepresented facts and law, but the jury was probably not misled. Continue reading
Then there are Golden Rule considerations…
There were many outstanding comments today, but I have a soft spot in my heart for any comment that completes a post that I decided to shorten by raising the issue I omitted for length. Thus johnburger2013 gets another Comment of the Day nod for his musings on the elusive lines between homage, inspirations, quotes and plagiarism in music.
The three examples discussed in my post are not close calls, I’d insist: my friend, actor/lawyer/ classic rock maven David Elias informs me that John Lennon actually confessed that he had plagiarized the Chuck Berry song, and his was the least egregious steal of the three. Other instances, however, are not so clear cut: If he hadn’t sung all of them, a case could be made that every Gary Puckett song was plagiarized from every other one. (The same, in fact, has been said of Chuck Berry.)
In researching the Beatles story, I found an entertaining site called Sounds Just Like which explores johnb’s “line.” Most are a stretch: No, I don’t think John Williams ripped off Darth Vader’s theme from Mary Poppins’ “A Spoonful of Sugar.” But I do know that Arthur Sullivan was imitating Mendelssohn big time in “Iolanthe,” and that recognizable musical quotes are important tools of the trade that should not be strangled by overzealous copyright prosecutions.
Here is johnburger2013’s Comment of the Day on the post, The Beatles And Plagiarism: Continue reading
State lotteries are unethical, of course, being regressive crypto-taxes on the poor, dumb and gullible installed by gutless legislators to avoid more responsible revenue sources that might cost them votes. Illinois isn’t alone among the states engaging in these shameless scams; indeed it is in the vast, vast majority. This particular slippery slope also slipped exactly as the worst doomsayers predicted, with lotteries leading inexorably to widespread casino gambling and an explosion of gambling addiction and its attendant ruination. But never mind.
Illinois is not an ethics dunce for having a state lottery, although it is. Illinois is an ethics dunce for being the only state that has a state lottery and doesn’t pay up when one of those poor, dumb, gullible citizens gets lucky and wins a bundle. The state is in the throes of a huge fiscal deficit, and because the legislature and governor have failed to agree on a 2015-16 budget for the fiscal year that started July 1, the Illinois comptroller’s office doesn’t have authority to write checks over $25,000. Lottery winners who have won that much or more when the ping-pong balls popped their way have been waiting for their giant checks. Meanwhile, the state continues to pay the salaries of those working inside the Illinois Lottery and the private company that manages it, and the lottery continues to advertise the games and sell tickets. Continue reading
Memories Pizza, you will recall, rushed to let everyone know that it supported Indiana’s short-lived “Let’s discriminate against gays” law, which Pope Francis would have approved of, apparently. The poor, naive little establishment, which was about as likely to cater a gay wedding as a White House state dinner, became the immediate target of social justice warrior bullies, who nearly succeeded in running them out of business.
On September 25, 2015, comic Robin Trevino, a member of the gay theatrical ensemble GayCo, drove to Walkerton, Indiana, bought pizzas at Memories Pizza, , and served Memories Pizza to all the guests at his September 26, 2015 same-sex wedding reception, then released a video to alert the world that Memories Pizza had unknowingly catered a gay wedding after all.
Your Ethics Alarms Ethics Quiz of the Day:
Pope Francis just threw the weight of the Vatican behind Kim Davis, Mike Huckabee, and other proponents of theocracy….which makes sense, I guess, since he leads one:
Pope Francis said on Monday government officials have a “human right” to refuse to discharge a duty, such as issuing marriage licenses to homosexuals, if they feel it violates their conscience...On the flight back to Rome, he was asked if he supported individuals, including government officials, who refuse to abide by some laws, such as issuing marriage licenses to gays.
“Conscientious objection must enter into every juridical structure because it is a right,” Francis said.
UPDATE: The full quote:
“I can’t have in mind all cases that can exist about conscience objection… but, yes, I can say the conscientious objection is a right that is a part of every human right. It is a right. And if a person does not allow others to be a conscientious objector, he denies a right…. Conscientious objection must enter into every juridical structure because it is a right, a human right… Otherwise we would end up in a situation where we select what is a right, saying ‘this right that has merit, this one does not.’ It is a human right…It is a human right and if a government official is a human person, he has that right. It is a human right.”
That sly fox did phrase this ambiguously enough that he has plausible deniability: maybe he’s been coached by the Clintons. “Oh, no,” he can say, “I said ‘conscientious objection,’ as in civil disobedience. I didn’t say they had a right to defy the law and still keep their jobs!” Or maybe he was mistranslated, and really said, “My hovercraft is full of eels.”
Let’s all give thank to the Pope for ensuring that more Constitutional dummies will insist that they can defy the laws and discriminate against gay citizens because the Bible tells them so and the Pope said they have a “right.”
Sorry Frankie, but you don’t know what the hell you are talking about, and you need to butt out of U.S. social and policy issues.
There is no human right to treat a human being differently from any other human being because of his or sexual orientation as a representative of the government, no right to defy the law without consequences, and no right for a government employee to refuse to do her job because she, like the Pope, in her infinite non-comprehension of the Constitution, doesn’t agree with the Supreme Court.
Nevertheless, gratitude is due to the Popester* for proving my point about the absurdity of his amateur observations about law, government and policy being treated like divine revelations by the news media and Democrats trying to pick up some polling points on global warming.
Did you notice that he didn’t have the guts to talk to Congress about abortion. That would have upset his claque on the Democratic side. He also waited until he was safely back home before lining up with the Kim Davis crowd.
Canny.
Cowardly.
*Disrespectful, you say? Absolutely. Guilty as charged! I don’t respect foreign despots who presume to interfere with my country’s politics, laws and culture. I resent them. Neither should any other American citizen. And John Boehner regarded allowing the head of his religion to lobby the Congress his greatest achievement!
In case you were too distracted by the Pope, you probably noticed that Volkswagen has been caught red-handed in a massive scandal involving cheating on the emissions testing of 11 million diesel-powered cars sold in recent years. The costs to the company may be as much as eighteen billion dollars in the US alone. This is by far the biggest of the many automotive scandals—the fiery Pinto, GM’s deadly ignition switches, Toyota’s self-accelerating cars or Ford-Firestone’s exploding tires—in scope, if not in public policy impact.
Diesel is more popular in Europe than in America, in large part because of environmental testing standards. Gasoline engines emit more carbon dioxide, diesel engines, which are more efficient fuel-wise, emit far more nitrogen oxides (NOx) than gasoline engines. Since the introduction of the US Clean Air Act of 1970, NOx emissions are subjected to more stringent controls than CO₂ emissions here, while across the pond, CO₂ is more tightly controlled than NOx. Thus diesel automobiles make up one third of the passenger vehicle fleet in Europe, but are a relative rarity in the U.S. The sales of diesel cars has been on the rise in recent years, however. Now we know why.
Volkswagen, which manufactures many of the beasts, devised and installed a code functioning as a “defeat device” to sense when one of its diesel vehicles was being tested for nitrogen oxide emissions. test. Once a test was detected, the software would reduce torque and NOx emissions, while under normal conditions, that is, when the vehicle was not being tested for emissions, the car would be guided by a separate program that would increase acceleration, torque, and fuel economy.
Clever! Also unethical and, obviously, illegal. Continue reading
So far, Bernie Sanders’ major function in the Democratic presidential nomination race is as a gauge of how badly Hillary Clinton is doing. The same function could be served by a wooden spoon or an Elmo doll, but Bernie will do: as Hillary’s machinations and lies about them sloooowly convince even Democrats that she should not be allowed near any office that includes a button labeled “Power,” he rises in the polls. So far, this had not required anyone actually thinking about Sanders himself, but the contents of a recent speech to a throng in Portland, Oregon should be cause for alarm. Sanders managed to announce his willingness to rig the Separation of Powers and eliminate judicial independence as well as his contempt for judicial ethics and his ignorance of how the Supreme Court works, all at once. All of this indicates that Sanders really isn’t qualified to be a U.S. Senator, much less President.
In his speech, to the sounds of cheers, Bernie shouted, “My nominees to the U.S. Supreme Court will in fact, have a litmus test and that test will be that they will have to tell the American people that their first order of business on the Supreme Court will be to overturn Citizens United.” Those cheers are interesting. My guess would be that not a single member of the audience, and quite possibly not even Bernie himself, has read the decision. Most people who turn red in the face and twitch when one mentions Citizens United do so because they think that it stands for the proposition that “corporations are people.”
It actually stands for the rather reasonable principle that the First Amendment protects the rights of people who band together for common purposes, and who wish to use such organizations to express their opinions regarding elections. The decision forbade the government from restricting independent political expenditures by a nonprofit corporation, and by extension to for-profit corporations, labor unions and other associations. Among other things, the law that was struck down in the case allowed the Federal Government to ban books and films based on content. Continue reading
The absurdity of the U.S. media doing backflips over the Pope while the largely godless progressive movement momentarily treats a religious leader as if he is the authority on all things was magnified by the Pope’s remarks to Congress yesterday, which you can read, if you have time on your hands, here. One example will suffice, or at least one is all I have time and stomach for.
The Pope called for open borders, specifically in the U.S:
“On this continent, too, thousands of persons are led to travel north in search of a better life for themselves and for their loved ones, in search of greater opportunities. Is this not what we want for our own children? We must not be taken aback by their numbers, but rather view them as persons, seeing their faces and listening to their stories, trying to respond as best we can to their situation. Let us remember the Golden Rule: ‘Do unto others as you would have them do unto you.’ This rule points us in a clear direction. Let us treat others with the same passion and compassion with which we want to be treated. Let us seek for others the same possibilities which we seek for ourselves. Let us help others to grow, as we would like to be helped ourselves.”
To begin with, this is ethically and politically simple-minded: no serious ethicist believes that reciprocity works as an ethical system in all circumstances, and one of those circumstances in which serious people recognize it does not is governing nations. Sounds nice, though, doesn’t it? But never mind. Never mind also that a nation built on ideals, traditions, cultural norms, and an acceptance of common values cannot take in unlimited people unfamiliar with and unsympathetic to these core cultural elements and survive. The issue, for now, is hypocrisy.
The Pope’s own domain, Vatican City, a sovereign political entity, has millions of visitors a year but allows only those who meet strict criteria to be residents or citizens. According to a 2012 study by the Library of Congress, about 450 of its approximately 800 residents have achieved citizenship . Citizenship is limited to church cardinals who reside in the Vatican, the Holy See’s diplomats, and those who have to reside in the city because of their jobs, such as the Swiss Guard. Spouses and children who live in the city because of their relationship with citizens, including the Swiss Guard, are also granted citizenship. Very few of the Vatican’s citizens are women. Continue reading
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