Philanthropy, Non-Profits and Charity

Lunchtime Ethics Snack, 1/17/2020: Dirty Money, Dirty Baseball, And “Parasite”

/ Jack Marshall / 8 Comments

Yum or Yecchh?

1. And the baseball cheating scandal is still roiling! I feel sorry for ethics enthusiasts who are missing out on this fascinating episode because they shut down when baseball is mentioned. One emerging issue that focuses on “woke” (and in some quadrants, sadly, female) leadership models has become evident. The two managers fired in the sign-stealing scandal were part of the “new wave” of “collaborative” baseball managers that teams embraced in recent years. They are sensitive to the players’ needs; they don’t give orders as much as set flexible boundaries; they are not confrontational, and they absorb and guide the culture of the clubhouse rather than dictate it. Then we learn, in MLB’s report on its investigation, that when Houston’s A.J. Hinch discovered (in 2017) that his bench coach and his players were operating an elaborate sign-stealing operation that he knew violated the rules , he made it known that he disapproved, but never ordered them to stop. Now baseball commentators are saying that the Astros need to hire an “old school” manager (like the ones who have been put out to pasture over the last five years) who will be leader, who will lay down the law, and who won’t shy away from confrontation for fear of not being “collaborative.”

Duh. How did anyone come to think effective leaders should do otherwise? Leaders need to lead. Leading doesn’t have to be autocratic, but a leader who acts like Hinch did in this matter is no leader at all.

In another revelation regarding the scandal, the report by Baseball Commissioner Rob Manfred states that when Manfred put teams on notice in a Sept. 15, 2017 memo that using electronic means to steal and relay opposing teams’ signs during games would henceforth be  severely punished, Houston General Manager Jeff Luhnow “did not forward the memoranda and did not confirm that the players and field staff were in compliance … Had Luhnow taken those steps in September 2017 it is clear to me that the Astros would have ceased both sign-stealing schemes at the time.”

This is gross managerial negligence, and it puts Lahlow’s self-serving statement that he had no involvement in his team’s cheating in perspective. Continue reading →

In Case Someone, Like The Mainstream News Media, Is Claiming That The Justice Department Just Cleared Hillary Clinton Of Wrongdoing, Don’t Believe Them

/ Jack Marshall / 18 Comments

Hillary Clinton was engaged in a long and lucrative influence peddling scam known as the Clinton Foundation.  It was a a brilliant, technically legal way to fund the family’s international travel, perks, and opportunity to set up lucrative deals for the family while pursuing other interests, but its was as corrupt as Rasputin’s beard was long.

The proof is in the chart above, unless you have been hit over the head with a skillet. Why would the Foundation’s donations dry up once the two senior Clintons were out of power and without prospects of regaining a measure of it?  Three guesses, and the first two don’t count.  Donations reached $134 million in 2010, right after Hillary became secretary of state, and stayed in that range through 2016. When she lost the election, support crashed, going from $217 million in 2016 to $26 million in 2017. The foundation fired 22 staffers and shuttered the Clinton Global Initiative.

There’s no mystery about what the Clintons were pulling. I teach a course every year on foundation ethics, and often discussed what a general counsel’s duties were once one discovered that their charity or non-profit was using the  non-profit tax laws this way. Nobody can argue it isn’t clever, though its not really unique: a lot of non-profits use the illusion of good works—just enough to meet legal requirements—to essentially launder funds. In this case, the foundation let foreign nations and others bribe the Clintons while getting a tax deduction. Sweet!

The Washington Post described the Justice Department investigation of the foundation as an effort to “mollify conservatives clamoring for more investigations of Hillary Clinton” about “vague corruption allegations.” Fake news. There’s been nothing vague about the accusations. I wrote about the foundation’s corruption many times, like here, in 2015, and here, in 2016, or here. Continue reading →

Ethics Dunces: Authors Stephen King And Don Winslow

/ Jack Marshall / 24 Comments

Winslow, King, and their extortion target

Wow. Talk about having defective ethics alarms.

Bestselling novelists Stephen King and Don Winslow (he’s a best-selling detective novelist; I assume you know who King is) have offered to donate $200,000 to St. Jude’s Children’s Hospital if  White House press secretary Stephanie Grisham will finally hold a press conference, something the Administration stopped having ten months ago.

I assume you can quickly assess what is wrong with this, even though these successful, wealthy, adult men cannot:

  • They seem to think their wealth entitles and empowers them to manipulate the President of the United States,

   What hubris. What arrogance.

  • The two writers are using sick children as their hostages to try to bend the White House to their will.

Nice. Continue reading →

Sunday Before Christmas Ethics Ornaments, 12/22/19: Googling Ethics, “Cats,” Goldman Sachs, De Niro, Trump Derangement

/ Jack Marshall / 13 Comments

Here’s hoping that the the next three days rescue the Spirit of Christmas…

…because the last few weeks have been a downer, man.

1. Googling ethicf:  Phillip Galanes, at Social Q’s was consulted by a woman who had bad vibes about her girlfriend’s new love, so she googled him, and found out, as she suspected, that he had some serious red flags in his past. She told her friend, who had discovered the bad news herself, but who was hurt and angry that the inquirer did a background check on her boyfriend. “Was I wrong?” she asked. In his answer, Gallanes implies that she was, although “everybody does it.” I’d’like a nice, succinct, substantive explanation of by what ethical theory it can ever be wrong to access publicly available information about anyone. This isn’t an issue of privacy, because the information isn’t private. There was nothing wrong with the inquirer’s motives, because she was concerned about her friend.

I’d call this the Ick Factor at work. It seems unethical because the fact that anyone can check our lives out online is creepy. The research itself, however, is ethically neutral. The ethics comes in with how the information is used.

2. I guess I have to mention “Cats”…since it is getting the most spectacular negative and cruel reviews since “Showgirls,” and maybe before that. “Exorcist II, The Heretic” perhaps. Oddly, the usually hyper-critcal New York Times is not one of the worst defilers, but here was what the reviewer really found objectionable :

“It’s too bad that no one seems to have thought through the semiotics of Victoria’s chalky white cat face, given that Hayward is of mixed race and that the heavy is Idris Elba’s predatory Macavity. Elba seems to be having a fine time, but come on!”

Ah! The old “mixed-race actress in whiteface being menaced by a black actor playing a cat” racist imagery!

I can’t wait for them to write down these rules. Continue reading →

Sunday Ethics Warm-Up, 12/08/2019: Bulletin! The New York Times Reports Pro-Trump News Straight!

/ Jack Marshall / 13 Comments

You wouldn’t believe what I am dealing with right now, so I’m not even going to tell you.

Let’s just say that in this case, writing ethics stories is a welcome respite..

1. Let’s give credit to the New York Times. On its front page Saturday, the Times highlighted three large graphs, one showing that “monthly job gains under President Trump have shown strong, consistent increases “even after a decade of economic expansion”; one showing that wage growth has “picked up momentum,” and the other showing that unemployment has dipped below “full employment.”

All of this, plus a record high stock market, are just as candidate Trump promised and predicted.

The Times then says,

“With 11 months to go before the 2020 election, a polarized electorate is dividing itself by which story line it views as more pertinent — the president’s potential abuse of power, or the comfort of a steady paycheck credited to his leadership.”

Gee, let’s see…. “potential abuse of power” that was not an abuse of power at all, or jobs, higher wages, and rock bottom low unemployment. Tough choice. What a dilemma.

Give the Times credit for making it ridiculously clear what a big lie Big Lie #5 (“Everything is Terrible!”) is.

2. But let’s not get carried away! Here’s another Times headline from the same edition: Continue reading →

Sackler, Tufts, Cancel Culture And The 100th Rationalization: The Reverse Ruddigore

/ Jack Marshall / 3 Comments

I have been waiting to find the ideal 100th Rationalization, officially #70 (there are 30 sub-rationalizations on the EA Rationalizations list. It’s “The Reverse Ruddigore,” the equally valid opposite of Rationalization #21. Ethics Accounting, or “I’ve earned this”/ “I made up for that”:

 You cannot earn the right to act unethically by depositing a lot of ethical deeds in the imaginary ethics bank, nor can unethical conduct be erased by doing good for someone else. The illusion that one can balance the ethics books this way is referred to on the Ethics Alarms blog as “the Ruddigore Fallacy.”  Nobody earns the right to be unethical, not even once, no matter how exemplary their conduct. An unethical act is just as unethical, whether it is performed by a saint, a hero, or a villain.

“Ruddigore,” for those of you sadly unaware of the joys of Gilbert and Sullivan, is the unjustly under-rated work by the Victorian geniuses that involved an ancient curse on a family that required a Baronet of Ruddigore to perform a crime a day or die in agony, courtesy of his re-animated ancestors, who otherwise hang around, literally, as portraits in a haunted gallery. One member of the family who has inherited the curse, Sir Despard, believes that he has found a loophole:

“I get my crime over the first thing in the morning, and then, ha! ha! for the rest of the day I do good – I do good – I do good! Two days since, I stole a child and built an orphan asylum. Yesterday I robbed a bank and endowed a bishopric. To-day I carry off Rose Maybud and atone with a cathedral! This is what it is to be the sport and toy of a Picture Gallery!”

Looking back on past posts, I laid the groundwork for #70 when I condemned the decision of Walt Disney World to remove Bill Cosby’s bust from the its Academy of Television Arts and Sciences Hall of Fame of Fame:

[L]ast I heard Bill Cosby was still recognized as a major trailblazer in stand-up, TV comedy, and television integration (remember “I Spy”?), an important positive cultural force for race relations and black community self esteem, and a spectacularly talented comedian with a unique voice and presence. None of that has changed. Those were the achievements that prompted Cosby’s bust’s inclusion in Disney’s Academy of Television Arts and Sciences Hall of Fame Plaza, along with celebrities such as Lucille Ball and Oprah Winfrey who, like the Cos, have been inducted into the Television Academy Hall of Fame. O.J. Simpson is still honored in the College Football Hall of Fame, because he was one of the greatest college stars ever. His post-career hobby as a murderer, like Bill’s extra-curricular activities as a serial rapist, have nothing to do with the honor, just as Cosby earned and still deserves, his honor for what he achieved on stage and screen.

Subsequent bad acts no more cancel out past good ones than Sir Despard’s cathedral would make up for kidnapping sweet Rose Maybud. The current “Cancel Culture,” however, holds otherwise. In the latest episode, Tufts University announced today that it will strip the Sackler name from the buildings and programs on its medical campus, after a report censured the school for its relationship with the family whose drug company made OxyContin, the opioid blamed for hundreds of thousands of deaths nationwide. Continue reading →

It Is With Great Reluctance That Ethics Alarms Concludes That As Generally Repugnant And Vulgar The Term “Asshole” Is, Mayor Pete Buttigieg Is One.

/ Jack Marshall / 8 Comments

If this was just disgraceful pandering, grandstanding, and shameless virtue-signaling, he would only  have proven himself to be a jerk—a big jerk, to be sure,  but still just a jerk. But it is far more.

The new fad contender for the Democratic Presidential nomination is returning thousands of dollars in donations because they came from two lawyers who had the audacity to represent Supreme Court nominee Brett Kavanaugh as he attempted to defend himself against the contrived  ambush accusation of a sex crime, made in a Congressional hearing  on national television, a ploy designed to destroy his reputation. Buttigieg’s campaign said that it will not accept funds from people who helped secure the justice’s seat on the Supreme Court. You know. Dirty money.

Buttigieg’s campaign had received $7,200 from Alexandra Walsh, and $2,800 from Beth Wilkinson, Walsh’s law partner. Both represented Kavanaugh during his Senate confirmation ordeal. As I have vowed to point out every time some ignoramus asserts that lawyesr must be punished for the character, conduct or beliefs of the clients they represent and are responsible or culpable in any way for what those clients have said or done (or NOT done), it is a core and essential principle of our legal system that such an assumption is not only wrong but dangerous. It threatens the right of every citizen to receive competent legal representation and access to our laws and other rights.

Here, once again, is my favorite ethics rule, from the ABA Model Rules of Professional Conduct:

(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

Whether the target is Hillary Clinton, Ted Cruz, Elizabeth Warren, Harvey Weinstein’s defense attorneys (also here), Larry Tribe, Gitmo defense lawyers, or Clarence Darrow, Johnny Cochran, Leslie Abramson and other defense lawyers who defend murderers and worse, the false claim that lawyers who take on unpopular, repulsive or guilty clients have done anything less than protected  the Bill of Rights and the rule of law is either rank ignorance or a deliberate effort to reduce the civic literacy of the public.

Buttigieg isn’t a lawyer, but he is very well educated and has a reasonable claim to brilliance.  Thus he knows and understands what lawyers do, but is acting as if he does not, intentionally making the public stupid (or keeping it conveniently as stupid as it already is ) for his own benefit.

Despicable.

But that’s not all. Continue reading →