Some baseball ethics notes in italics, since a lot of you don’t care:
The Institute for Diversity and Ethics in Sport (TIDES)issued Major League Baseball an overall grade of C+ , with a B+ for racial hiring and a C for gender hiring. (There was nothing about competency and qualifications hiring, for some reason.) The report also praised MLB’s decision to pull the All-Star Game from Atlanta, proving that the organization is a partisan political group using “diversity” as a prop. Baseball should pay no attention to TIDES whatsoever. It is the Southern Poverty Law Center of sports.
There was a wonderful example of why baseball needs robo-umps in Wednesday’s game between the Red Sox and the Twins in Minneapolis. At a critical moment in a tie game with the bases loaded for the Twins, Sox pitcher Matt Andriese struck out the last Twins batter for out number three, ending the threat. The umpire, however, said the ball had been fouled into the dirt before bouncing into the Boston catcher’s mitt. The video showed that the bat had missed the ball by several inches, and no foul had occurred. When Red Sox manager Alex Cora came out to protest, the home plate umpire, also the crew chief said, “There’s no way I’ll be over-ruled on that call.” What he apparently meant was that the other three umpires would back him up even though he was obviously wrong, and after briefly caucusing, that’s what they did. Cora was thrown out of the game. Luckily for the umpires, Andriese struck the batter out with next pitch, so the mistake and cover-up didn’t matter. Moral luck!
Also Twins related: Twins shortstop Andrelton Simmons issued an articulate tweet about why he was declining to be vaccinated like his teammates, after considering the risks. He tested positive 24 hours later. Also moral luck!
1. NOW you’re telling us???. At 6:57 pm on April 15, I stumbled across this:
People, even lawyers, just do not interact much in remote seminars. It makes a three-hour session far more tiring, even though I’m sitting down, rather than stalking through the space. Thus I am blotto now, after a legal ethics session earlier today.
1. And THIS is the best paper in the U.S…Two headlines on the New York Times front page this morning my high school paper faculty advisor would have rejected…and he would have been right:
“Gaetz Said To Face Inquiry Over Sex With Underage Girl” The fact someone says it is not news. Is he “facing an inquiry” or isn’t he? “Three people briefed on the matter” isn’t a source: we’ve seen how accurate the Times anonymous sources are, especially when the subject is a Republican, a conservative, and a Trump supporter. Why the front page for a rumor? Slow news day? Hey, I’ve got an idea: How about an article about how Joe Biden called Georgia “sick” based on a complete misrepresentation?
“Taliban Believes The War’s Over And They Won.” This is psychic news again, my favorite fake news form. How does the Times know what the Taliban “thinks”? Who cares what it “thinks”?
The U.S. depicted in television commercials is decidedly—what, strange? Contrived? It is certainly not demographically accurate. All statistics I have seen indicate that African Americans make up less than 15% of the U.S. population, but that’s not how Madison Avenue sees it, or not how they want us to see it.
Actual statistics on this don’t exist, because I presume one will be called a racist for even noticing, but I would like to call for some volunteer counters. Watch TV on a commercial channel and count the number of white, black, and mixed race actors used in the ads, and report back here what you found. I’ve done this periodically over the last few months, most recently this morning. White actors were actually in the minority today and I’m counting Hispanic-Americans as white.
Do I care? Should I care? I don’t know. I certainly don’t care about the personal attributes of roles presented to hawk various products. Does it bother me that “Jake from State Farm” was magically made black? No, certainly in a vacuum it doesn’t matter: he seems like a nice guy.
But a white actor lost his job purely because of his race. Presumably many are losing their jobs too.
There’s nothing quite like a flaming tooth-ache to spark an early-morning post…
1. Corporate incompetence, Indian-style: The Cleveland Indians knee-jerked themselves out of their history, traditions and name by somehow concluding that the Black Lives Matter rioting obligated them to abandon “Indians” just because the NFL Washington Redskins had capitulated to political correctness thuggery. Like all of baseball and most of professional sports, the team decided that signaling progressive virtue was more important than their fans. And like the Redskins, the team prepared to to go through the 2021 season without a new name…just nothing, as in “Cleveland Baseball Club,” or something similarly generic. Because of the unseemly, unnecessary and unplanned rush, the Cleveland Whatsis-es also made it difficult to come up with a new name. Changing a team name is a large and expensive mess, because the name and logo are on everything from the team’s merchandise to websites, sponsorship deals, and the ballpark. Trademarks are needed to protect them. “Advice for anyone doing any product: Before you make it public, file,” Andrew Skale, a San Diego-based trademark attorney told the New York Times.
“The U.S. trademark office offers this kind of unique ability to file when you haven’t started using it, so take advantage of that,” Skale said. “Because I’ve seen when people that have issued news releases about new products and haven’t filed yet, and then they have problems later because some idiots decided to squat on them.” Or maybe not such idiots. Because of the Ex-Indians moral panic, many of the names the team could have chosen based on its history and culture will be now be expensive.Trademarks were filed by squatters after Cleveland’s first announcement for “Cleveland Baseball Team” (from someone in Georgia), “Cleveland Baseball Club” (from a company in Ohio), “Cleveland Guardians” (from someone in New York), Cleveland Rockers (from someone in California), Cleveland Natives and Cleveland Warriors (though even the Ex-Indian aren’t so stupid as to wade back into Native American controversies again), and most of all, the Cleveland Spiders, which has been an early favorite. That was the name of the team. That was the name of the team for ten years, 1889-1899, when baseball players looked like this…
The No-names are fighting some of these filings, because the Trademark Office tends to disfavor squatters. It all could have been avoided, though, if the team hadn’t wushed to be woke, thus joining The Great Stupid.
I wonder if “Spider McBaseballfaces” has been taken…
This is a major development with narrow implications in the field of legal ethics, but potentially wide-ranging importance in the society as a whole.
We are just now learning—after all, you wouldn’t expect the news media to report this kind of sinister, reverse-racism bullying, would you?—that the general counsel of Coca Cola issued an open letter to the law firms representing it. [Full disclosure: I have taught legal ethics seminars for one of them] The letter decreed that these firms “commit that at least 30% of each of billed associate and partner time will be from diverse attorneys, and of such amounts at least half will be from Black attorneys.” You can read the letter here. Here are the edicts:
The reluctance of the legal profession to acknowledge that members of the public are as qualified to recognize metaphors, puffery and hyperbole in the marketing of the legal services as they are when they are buying cupcakes or hiring plumbers continues to astound. Many state bar associations still have, and enforce, ethics rules that make the kind of obvious analogies routine in TV, online and print advertising violations because they are deemed “misleading or deceptive.” Florida has long been one of the most notable laggards in applying common sense to lawyer advertising. In contrast, the District of Columbia, with the largest bar in the nation, has largely eliminated such rules. except in conduct constituting outright lies. Just a few days ago, I told a client that the other bars were slowly moving in D.C.’s direction. I did not expect Florida’s bar to again embarrass itself and its lawyers–AND MY DOG—again, after making itself the butt of jokes over a decade ago with virtually the same complaint it made against a lawyer’s ads more than a decade ago. I thought the Florida Bar had learned. I thought eleven years was more than enough time for it to accept the basic concept of advertising…and to learn about dogs.
This ad will run on the NBC Golden Globes Award broadcast:
A similar commercial had previously been rejected by ABC.
Cowabunga! Your Ethics Alarms Ethics Quiz of the Day:.
Is presenting this commercial on a prime time broadcast network a positive development for society?
Or, in the alternative, is it feminist grandstanding by NBC? Will it inevitably lead to graphic male enhancement ads? If women can be topless in this commercial, on what basis will anyone be able to argue that breast-bearing shouldn’t be routine in entertainment programming?
I admit that I’m never heard of John Morgan, but I am told he is a well known attorney in Orlando, Florida, and like so many trial attorneys, a character. Morgan keeps his name before the public in part by posting self-made videos on Twitter posted ( #Johnin60secs ) videos where he gives spontaneous running commentaries on life in general in the conversational and engaging style that makes him a successful litigator. It is a clever marketing approach: I’m pretty sure it gets around Florida’s strict lawyer advertising rules. For example, in one video he described his head as being “ the size of a watermelon,” which is obviously hyperbole. In a legal advertising, a lawyer can’t me make any false or misleading statement or one that can’t be verified.
But I digress. There is a danger any time anyone, no matter how glib or accustomed to speaking off-script, does so for public consumption, as the late Rush Limbaugh, acres of crushed”shockjocks,” Michael Richards and I, among others, can attest. And so it was that Morgan, in one of his videos, was riffing on fast food franchises, and said about Arby’s,
My father was a lifetime admirer of Jimmy, and eventually I joined him: we had all of his albums, and as a stage director I often played his renditions of a ballad (like “I’ll Be Seeing You”) for singers to demonstrate the importance of phrasing and expression, both of which Durante excelled at despite having a distinctive but hardly euphonious voice. He also impressed me with his professionalism. When my father was handling marketing for a Boston banking association, he helped arrange for his organization to be one of the sponsors of Jimmy’s show, which came to the Prudential Center in Boston. The Snozz was over 70 then, but he always seemed ageless, and his energy in person was even more impressive than it was on TV (in fact, Durante had learned to tone down his enthusiasm on the small screen, because it became exhausting to watch). He made his entrance in the stage show rushing on from the wings while singing and flinging his fedora to the back of the stage, where it landed neatly on the head of his band’s bald drummer. My father managed to get our family backstage (though Jimmy was not available because he had a charity appearance right after the show) and I talked to the drummer. I asked him how often Jimmy landed the hat on his head. He replied, “He’s never missed.” He went on to say that his boss rehearsed that bit for hours every week and before every show. It was a split second grace note, but Jimmy insisted on doing it perfectly.
Durante had a stroke after a show when he was almost 80, and never fully recovered. My father, who was uncomfortable expressing emotion face to face but wrote beautiful and touching letters (I hated getting them because they always made me cry; still do), wrote Jimmy, who was then bedridden, a letter thanking him his long entertainment career and explained what his work had meant to Dad. Jimmy’s wife Margie wrote back to say she had read the letter to Jimmy, and he had mouthed the words “Thank you.”
1. Politicizing everything. UCLA’s star gymnast Nia Dennis is getting accolades for turning her floor routine into an ” exuberant and powerful celebration” of black culture. Says Slate, “This routine has everything. Dennis pays tribute to Colin Kaepernick (she kneels!), Tommie Smith and John Carlos (she raises a fist!), and Kamala Harris (like a soror, she strolls and she steps!).” That’s funny: the only way I would recognize a reference to Harris would be if Nia cackled and blathered nonsense. The routine is more dance than gymnastics, but it’s a diabolical gimmick (don’t blame Nia: she has a woke choreographer, Bjoya Das). Any judge that doesn’t give the routine the highest marks knows he or she will be cancelled as a virulent racist.
2. Then there’s the Jeep ad…I’m not going to bother with surveying the ethically dubious Super Bowl ads this year, since they all are unethical for supporting the NFL’s ongoing negligent homicide, but I can’t let Bruce Springsteen’s obnoxious Jeep ad pass. Here it is:
[Whoa! That video was pulled from YouTube shortly after I posted it! I also can’t find a link that has it.]
“To The ReUnited States Of America.” Right. Springsteen is hardly an honest advocate for “the middle,” as a vocal Democrat and anti-Trump shill. The country is supposedly “re-united” because a Democrat is President. The entire theme of the ad is a cynical exercise in Rationalization #64, “It isn’t what it is.” Donald Trump was “divisive” because Democrats decided to paint him as such. Enforcing immigration laws shouldn’t be divisive. Withdrawing from an unapproved treaty with no actual impact shouldn’t be divisive. Calling the biased news media what it is shouldn’t be divisive. Now, calling half the country racists , Nazis and morons IS divisive, and the party that just won control of Congress and the White House has been doing that for four years. Surveys show that that half of the country is more angry, alienated and distrustful than ever, and for some very good reasons, like the current unconstitutional impeachment trial. Got it, Bruce: when Republicans win a national election it’s divisive,and when Democrats win one, it’s unifying.
Update:Apparently Jeep has received so many complaints about Bruce that they decided it was a major gaffe. How can this happen? It happens when the entire company and its ad agency is so overloaded with Democrats and progressives that they can’t see what’s right in front of them.
Phil Linz died last month, and I meant to write about it but did not. He was a baseball player that only baseball fans remembered, and fewer as time went on, yet he was deemed worthy of a long obituary in the New York Times, among other publications. There is a reason, and the reason ultimately reduces to a favorite topic here, moral luck. That, of course, isn’t mentioned in any of the obituaries.
I saw Phil Linz play many times. His New York Yankees team was the perennial pennant winner that dominated the American League from 1961 to 1964; Linz joined the team in 1962. By current day standards he was a terrible hitter, but he could play many positions well, and those Yankee teams were hardly short of offense. Still, utility infielders with light bats are usually fungible and forgettable. Baseball Reference.com lists the most similar players to Linz as Robert Andino, Augie Ojeda, Manny Alexander, Clyde Beck and Rusty Peters.
Unlike any of those nonentities, however, Linz had a moment of fame. On the afternoon of Aug. 20, 1964, the Yankees were riding the team bus to O’Hare after losing four straight games to the White Sox. Yankee manager Yogi Berra, seated in the front, was in a foul mood: the team was looking like it might finish in second place, something just not tolerated by Yankee management. Linz had recently bought a harmonica, and was practicing in the back of the bus by playing “Mary Had a Little Lamb,” over and over. Yogi couldn’t stand it, and shouted from his seat to Linz, “Shove that harmonica up!” Between the harmonica and the other noise, Linz didn’t know what his manager had said, so he asked the teammate sitting by him, Mickey Mantle, what Yogi had shouted. The Mick, who was a practical joke aficionado, told him that Berra wanted him to play louder. So Linz did.
Ethics Alarms 