Of Kanye And Caitlin: What Are Rational Ethics Standards For Halloween Costumes?

boston-marathon-victim

The standards of acceptable Halloween costuming, as you might have predicted given the catalyst President Obama has given to extreme restrictive political correctness, keeps evolving to the hypersensitive and the restrictive. The issue is easier with children’s costumes: children’s masquerades should be age-appropriate; they should not be manikins for their parent’s senses of humor or political views, and as long as they are in the spirit of horror movies, the criticism of those who don’t understand horror movies should be jeered at or ignored. The major controversies arise now over adult costumes. Ethics Alarms has been covering the phenomenon for  awhile: let’s review the topic as previously explored here before I delve into its 2015 edition: Continue reading

“Elfin’ Around,” Best Buy? Really?

bestbuy_logoBest Buy just became the latest TV advertiser to conclude that it’s astonishingly clever and hilarious to evoke “fuck” in a commercial, one that I just heard at 7:54 PM. The spot extolling Christmas shopping at Best Buy (it isn’t even Halloween yet) featured a cheery announcer pointing out that when you shop there, you won’t be “elfin’ around.” Get it? It sounds like “effin,” a cover-word that means “fucking,” and is meant to be heard as “fucking.”  But, see, it’s SO clever, see, because it’s NOT “effin’,” but “ELFin’,” and this is a Christmas ad! Wow! Christmas AND Fake Fuck in the same word! There must have been high fives all around when the writers came up with this one.

An ethical management would have told them to grow up, and fired the lot of them. This is 2015, however, a banner one in the coarsening of America, so Best Buy decided it was cool to join Verizon, Booking.com, CNN, and President Obama —you know, our national role model?— in following the lead of K-Mart’s disgusting  “ship my pants” ad in 2013. Continue reading

Beating The Naked Teacher Principle: The Provocatively Clad Bodybuilding Teacher Principle.

min jensen

It is important to remember that the The Naked Teacher Principle   doesn’t state that pre-college teachers who allow themselves to be seen on the internet in states of undress likely to arouse the lust of their students should and must be fired—though most of them should be—but that they have no legitimate complaint if they are. Teachers who must command respect, serve as role models, and of course, teach, should not permit themselves to become pin-ups and peep-show stars for their students. At very least, they owe their employers and their students’ parents advance notice.

Mindy Jensen, a Utah middle school teacher,  has a second (or perhaps first) career as a bikini model and fitness competitor. She came under the  cloud of The Naked Teacher Principle the usual way: a student was surfing the web and cried out: “Holy crap! That’s my teacher, and she’s HOT!”  The news (and images) spread around the community and student body quickly. Parents called the Instagram photos “pornographic” and demanded that Jensen be dismissed. The school gave her an ultimatum: take down the photos, make her account private, or get sacked.

Jensen made the Instagram account private, then changed her mind. . Explaining her decision, Jensen told ABC Utah,  “Why am I taking this picture off, I get comments and messages that it’s inspirational to them and these women like my story. If I put it to private, it’s not going to reach these people that might need and understand me.”

The school has since backed down,  opting instead to hold training sessions for  parents on teaching kid to be careful on the Web—you know, like avoiding hot photos of their teachers. (Good luck with THAT.)

I think several features of this episode on The Naked Teacher Principle spectrum led to this result. In 2014, in this post about whether the NTP applies to non-teaching bodybuilding mothers, I raised the issue of bodybuilding teachers on the web, and posited this photo as an example for discussion: Continue reading

Yoga Class Discrimination Based On Race: It’s Benign Because Gay, Non-White Progressives Are Doing It!

 

Yoga

“War is peace, freedom is slavery, ignorance is strength”—I wonder how George Orwell missed “Segregation is Integration”? Maybe because that was too obviously ridiculous even for Big Brother to pull off….or so he thought.

Apparently yoga and meditation studios in multiple locales in the U.S. are running “no whites allowed” classes in the interests, say the operators, of making Eastern self-help disciplines more accessible to “people of color” [ I detest this phrase, but I’m quoting] by excluding people of less valued color—that is, whites. The New York Times just published an uncritical profile of such a place in Oakland, by a reporter who shrugged off the fact that she was refused in her request to attend a class because she was too little “of color.” Incredibly, the Times reporter just accepts the Bizarro World logic and utter hypocrisy fed to her as if it makes as much sense as “freedom is slavery” makes to poor Winston after his brain cells have been scrambled by the threat of rats eating his face.

“Specific classes at the center bar white or straight people — in order to be inclusive of some, they exclude others. Those who run the center say that the practice ultimately makes the center community more diverse…Brenda Salgado, the director of the center, said that as part of its diversity efforts, the center has four different sitting groups that meet weekly. “An L.G.B.T.Q.I. sitting group, one for people of color, a Friday open sit, open to everyone — those can fluctuate between 50 or 100, Ms. Salgado said. “We also have the Every Body Every Mind group, for people with disabilities and chronic illness.”

For all but the “open sits,” the expectation is that only people who identify with the target group will attend. (I learned as much when my request to attend People of Color Yoga was turned down.) And for open sits, organizers use a Web application to ensure that white people do not crowd out others. When the spots allotted for white people fill up, registration is capped to save spots for others.”

Oh, naturally: quotas too! Continue reading

Ethics Quiz: Al Roker’s Unethical Selfie And Malfunctioning Ethics Alarm

Roker-selfie

The question here is a simple one.

On the scene of the devastating flooding in South Carolina, Today Show weather man Al Roker tweeted a selfie of him and  NBC colleagues beaming happily in front of a collapsed highway and a trapped car, with the caption “My crew and I getting ready to report on East Coast flooding from S. Carolina on @NBCNightlyNews with Kate Snow.”

Yes, after many complained on social media about the discordant juxtaposition of cheerful self-promotion and tragedy, Roker apologized, but not before.  The basic question is “What the hell is the matter with these people?“, or as today’s Ethics Alarms Ethics Quiz asks,

Is Roker’s insensitivity signature significance of a malfunctioning ethics alarm, or just an excusable one-time mistake?

Continue reading

Consider: The Fact That People Are Attacking This Ad As Sexist And Racist Is A Big Reason Donald Trump Is Leading In The Polls…

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.

________________________

Pointer: Instapundit

Ethics Quiz: The Duchess of York’s Website And The Duke of Plazatoro

The category is Celebrity Ethics, Royal Ethics or Marketing Ethics, depending on your point of view. Unfortunately for ethical clarity, how you answer today’s Ethics Alarms Ethics Quiz may depend on which category you choose.

Sarah Ferguson, Duchess of York, is embarrassing the Royal Family again, only this time it isn’t by throwing snowballs at photographers or by not being as demure and lovely as the late Princess Diana. This time, the self-exiled and divorced Fergie is trading on her title to make a living as an internet huckster. She has a website that peddles a juicer for weight loss and “The Perfecter Ultra”:

The Perfecter Ultra Heated Styling Brush combines innovative ionic technology with pure black tourmaline heating plates for ultimate convenience in achieving salon quality hairstyles at home. Create silky straight styles or beautiful bouncing curls, reduce frizzies or add volume to thinning hair, the Perfecter Ultra is the remarkable styling tool that does it all.

The Duchess has also been appearing on QVC, the cable shopping network where shopping addicts, lonely recluses and easy marks hang out. Among the Royals, with whom she is already on the outs, this is considered…unseemly. Concludes Tom Sykes at the Daily Beast:

“Her website majors in its attempts to cast her shill as public service, saying, “One of my missions in life now is to help people fight their weight challenges so they can live longer, healthier and happier lives. Take it from me: you can do it!”  But the truth is, Fergie is selling her title, and getting paid a no-doubt healthy fee for her promotional activities.”

There’s little doubt that “selling her title” is a fair description.

Your Ethics Alarms Ethics Quiz of the Day is…

As Duchess of York, does Sarah Ferguson have an ethical obligation to behave like the symbol of the British Commonwealth that she and the rest of the Royal Family is, or can she ethically use her title as she chooses, including to sell junk on the internet?

Continue reading

Law vs. Ethics: A Snatched Bar Mitzvah Gift, A Leaky AG, An Embarrassing Scoreboard, and”OINK”

Oink

I try to keep my legal ethics seminars up-to-the-minute, so while preparing for yesterday’s session with the Appellate Section of the Indiana Bar, I came across a bunch of entertaining stories in which the ethics were a lot clearer than the law, or vice-versa. All of them could and perhaps should sustain separate posts; indeed, I could probably devote the blog entirely to such cases.

Here are my four favorites from the past week’s legal news, involving a mother-son lawsuit, a brazenly unethical attorney general, a college scoreboard named after a crook, and police officer’s sense of humor: Continue reading

The Next Time You See One Of Those Opera Commercials About Selling Structured Settlements, Think About “Rose”

Rose

Because I worked as the general counsel for the late Richard Halpern, a kind and brilliant man, I know a lot about structured settlement, and also about the slimy businesses that conspire to destroy them. Richard’s company, The Halpern Group, worked with trial lawyers to develop structured settlements for successful plaintiffs who had won long-term damages for catastrophic injuries due to medical negligence, product liability or other torts. Most of these clients were poor, and if their millions in damages, designed to help them survive the rest of their lives, were awarded in lump sums, the result would almost always be catastrophic. These were poor people, for the most part, with poor families and poor friends and neighbors, none of whom had any experience or success managing money.  Drop millions on someone who has never had luxuries of any kind, and a spending spree as well and handouts to needy or greedy friends and acquaintances were sure to follow. For their own protection (or the protection of minors needing lifetime medical care), these plaintiffs of Rich’s lawyer clients were advised to forgo a big lump sum in favor of an annuity which would pay out regular amounts over time.

The plaintiffs own the income stream, but not the annuity itself. With assured income developed according to projected needs, the plaintiffs and their families could be assured of security and relative comfort and well-being—relative, because damages can seldom make up for broken bodies, minds and lives. Let me take over for myself here, from a post I wrote on this topic almost exactly six years ago.

Once they are on their own, however, the compensated victims are targeted by viatical settlement companies, both those with cute opera-singing commercials and those without. They undermine the sound advice of the attorneys with slogans like “It’s your money!” and try to persuade the former plaintiffs to unstructure the structured settlement by selling the annuity’s income stream to the viatical settlement company at a deep discount. Result: the annuity company gets the regular income at bargain rates, and the victims get a new, smaller lump sum to dissipate in exchange. The statistics say that the customer of the viatical settlement company will run out of cash long before he or she runs out of the need for it. But for the company, it’s a sweet deal.

It’s also despicable. The viatical settlement industry like to use lottery winnings, which are usually paid out in annuities like structured settlements, to justify their business. Lottery winning are windfall funds; while the same dissipation  hold for those lump sums (most multi-million dollar lottery winners have no money left after five years), the winners are usually no worse of after the money has been blown than they were before their number came up. When the money is a settlement for an injury, however, losing it is calamity. I would consider a viatical settlement company that only bought the income stream from lottery annuities ethical. There is no such company, however. The victims with structured settlements are a much larger and more lucrative market.

I have written about these legal but unethical businesses more than once. The first time, on The Ethics Scoreboard, I described a viatical settlement company only by using quotes from its own website, and explained what it meant, accurately. The company’s lawyers demanded that I take down the post, claiming that I had disparaged them (by using their own words and making it clear how they made their money.) I was in no position, with a family, a struggling business and aging parents, to engage in a legal battle of principle (though I suspected the company was bluffing, and I didn’t know Ken White and Marc Randazza then, both courageous blogging lawyers who assist bloggers who are threatened, like I was being threatened, to silence them. I took down the post. Continue reading

Ethics Quiz: The Looney Tunes Cartoon Disclaimer

Warner Brothers Warning

Above is the disclaimer shown at the beginning of each DVD in the Looney Tunes Golden Collection: Volume 4, Volume 5, and Volume 6 sets, as well as the Daffy Duck and Foghorn Leghorn Looney Tunes Super Stars sets and the Warner Bros. Home Entertainment Academy Awards Animation Collection:

Your Ethics Alarms Ethics Quiz of the Day:

Is the warning that introduces the Warner Brothers classic cartoon videos fair and responsible?

Continue reading