Professions

The Cognitive Dissonance Scale And Jobs Lost After Hamas-Israel War Outbursts On Social Media

/ Jack Marshall / 4 Comments

The scenario has been a theme this week. Someone shoots off his or her metaphorical mouth showing ignorance and probable anti-Semitic bias in a social media post designed for public consumption, and loses a job when the employer decides that it doesn’t want to lose business from those who might wonder, “Why do they hire people like that?”

It is not a First Amendment issue. It is a an irresponsible employee issue. Hollywood has been especially busy. Spyglass, the company that owns the “Scream” film franchise, fired actress Melissa Barrera from the upcoming “Scream VII” (There are going to be seven of these?) after she posted standard issue “genocide/innocent Gazans/ cruel Israel messages. “THIS IS GENOCIDE & ETHNIC CLEANSING,” she concluded.

1) No, it isn’t, and 2) You really don’t understand the Cognitive Dissonance Scale, do you?

It’s really quite simple, Melissa…

For the vast majority of Americans who pay attention and aren’t intersectional fanatics, supporting the Palestinian-Hamas “From the river to the sea” mission is at the bottom of the scale. People who want to see movies must regard the films and its stars above zero, ideally quite a bit above. If that film or its stars associate themselves with a deeply negative point of view or conduct, that connection (think of being tied to an anchor) drags the positive attitudes down, meaning fewer tickets sold, and in turn fewer profits.

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Rescued Comment Of The Day: “Ethics And The Joker’s Mustache”

/ Jack Marshall / 1 Comment

In honor of King Tut’s tomb being opened on this date in 1922, here is a recovered lost treasure from the Ethics Alarms vault…

I know there are many, maybe hundreds, of Comment of the Day-worthy reactions to Ethics Alarms posts that never made it to this point, for a welter of reasons good and bad. If all of them could be tracked down and resuscitated, I could avoid writing about Donald Trump or the ethics rot of the increasingly disturbing American Left for months—wow, an old COTD archeology project sounds better the more I think of it! Stop it, Jack, get back to the point…

The point is that I found this excellent Comment of the Day by Marie Dowd by pure chance as I was researching the site on another matter, and was annoyed with myself for missing it the first time, way back in 2019.

I apologize, Marie! I can only plead that I was distracted: there were 24 comments on that ethics and TV trivia post, but only two that could be called substantive. Three alerted me to my careless mistakes (like calling the collective noun for critics a “snivel” instead of a “shrivel”), and most of the rest were jokes. Actually, there was a second excellent comment in the thread, that one by Pennagain, who has been missing from the ethics wars for quite a while. (I’m worried.)

Anyway, the topic, like the Joker’s hair, is ever-green, so Marie’s Comment of the Day on the burning issue of Cesar Romero leaving his mustache on despite being cast to play Batman’s clean-shaven arch-nemisis remains as fresh today as it was more than four years ago. So here it is, on “Ethics And The Joker’s Mustache”:

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I’ve thought about this mustache far too many times for my own comfort.

As a kid, the intended audience even if I was too young to care during its run, I really did not notice. The reception was always fuzzy out in the country. >not a problem

In-universe, Joker’s insane. Merry prankster is the most forgiving way to tag him. Any version would grow a handlebar or do anything to mess with people’s heads, especially the Bat. Annoying Batman would be a laugh in character. >not a problem!

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Where Have You Gone, James Donovan, Our Nation Turns Its Fearful Eyes To You…[Updated]

/ Jack Marshall / 10 Comments

Woo woo woo.

Yesterday, I was moved to re-watch “Bridge of Spies,” the excellent Spielberg and Coen Brothers-told tale of James Donovan, the lawyer (portrayed by Tom Hanks) who negotiated the release of Francis Gary Powers in exchange for convicted Soviet spy Rudolf Abel. Maybe something in the deep recesses of my mind was triggered by yesterday’s post about the rigged prosecution, trial and conviction of the four Minnesota police officers involved in George Floyd’s death. What was striking about the movie was that Donovan is shown being recruited by his law firm to defend Abel, described as “the most hated man in America” at the height of the Cold War, to demonstrate to the Soviets that we guarantee a fair trial and zealous legal representation to everyone accused of a crime, irrespective of public opinion and the nature of the crime. Everyone has the same rights.

Donovan did defend Abel, even though it is made clear in the film that the judge was determined to see him convicted and that Donovan himself as well as his family were endangered by his taking the case. After Abel was convicted despite the fact that the evidence used by the prosecution should have been excluded as the “fruits” of an illegal search, Donovan appealed the result all the way to the U.S. Supreme Court, defying his firm’s opposition to him continuing the case. His partners argued that the unpopularity of Abel risks alienating clients. Donovan’s initial representation sent the required symbolic message, they said, and even though the conviction may have been unjust, there was no reason to be obsessed with those due process and rights details, not for an enemy spy who might have been facilitating an enemy’s nuclear attack.

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George Floyd Ethics Train Wreck Update: Don’t Tell Me This Is A Surprise…

/ Jack Marshall / 12 Comments

Let’s begin with a side bet: What will you wager that any major mainstream media outlet will report this?

Alpha News tells us that (the bolding is mine)…

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The Wholly Ethical “Cancellation” Of Ryna Workman

/ Jack Marshall / 6 Comments

Many NYU law students are indignant and outraged that Chicago-based super-firm Winston & Strawn has withdrawn its offer of employment to Ryna Workman. As president of NYU Law’s Student Bar Association, Workman issued a statement stating that “Israel bears full responsibility” for the long-planned terrorist attacks that left more than 1,300 Israeli citizens dead, including at least 30 Americans.

The law firm had every right and many valid reasons to reconsider its offer to Workman, who had worked at Winston & Strawn as a summer associate. In a statement, the firm said her comments “profoundly conflict” with the firm’s “values.” Yes, that, and there was also a substantial likelihood that having a terrorism-celebrating associate would cost the firm clients as well as risking tension among other firm lawyers. I would add that as a potential client, I would question the judgment of any law firm that would hire someone who showed such a reckless disregard for history, facts, and the impact of inflammatory rhetoric.

Like demented lemmings, other anti-Semites, race-baiters and critical thought-deprived NYU students issued a letter supporting Workman and condemning Winston & Strawn. The firm’s decision is an instance of the “systemic, concentrated violence” Workman has experienced since issuing her anti-Israel screed, the letter claims. That’s novel: deciding not to hire someone is “violence”! The letter’s signatories, including the Black Allied Law Students Association and the Women of Color Collective, declare that NYU is complicit “in the abuses of the Israeli government,” and condemns “the broader NYU administration for not protecting Ryna as a student and important member of our community.” How exactly can any school protect a loud-mouthed student from the consequences of her own foolishness? Oh never mind: people who reason like Ryna and her fans are always victims, and nothing is ever their fault. This is also a good reason not to hire her….or her defenders.

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How Can Parents Be Expected To Trust Schools And Teachers When This Could Happen?

/ Jack Marshall / 11 Comments

I’m not referring to the sexual predator teachers who deflower boys, or the LGBTQ indoctrinaters who see it as their mission to initiate kids into the joys of alternate sexuality, or the social justice warriors who teach kids to hate whites, the Founders, and the United States of America, or even the teachers whose intellectual skills, judgment and knowledge base better qualify them for work at a bait shop than in a Kindergarten-12 school.

No, the topic today is the Miami Springs math teacher employed by The Academy of Innovative Education, a charter school, who showed his fourth grade class of 9-year olds “Winnie the Pooh: Blood and Honey,” the trailer for which you can see above, if you dare.

You know. Math.

The so far unnamed teacher showed the class about 30 minutes of the horror movie. His defense was that the class chose it, probably misled by its title. I suppose he also would have shown the kids “Piranha 3DD” or “Looking for Mr. Goodbar” if they asked for those films.

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The Amazing Trevor Bauer Ethics Train Wreck: It Has Everything: #MeToo, Kinky Sex, Ethics Zugzwang, Predatory Women, ‘Guilty Until Proven Innocent,’ “The Asshole’s Handicap,” Legal Ethics And Baseball! [Part I: The Story] (Updated And Corrected)

/ Jack Marshall / 22 Comments

This story broke a couple of days ago, and readers have been chiding me for not posting on it. I must admit, I was stalling, because it is a total mess that will take two major posts to unravel, and to cap it all off, my baseball posts don’t attract enough interest to meet the time/reward minimum. Nevertheless, this disaster raises major ethical issues. Ignore at your peril.

1. Background: Trevor Bauer: I have written a great deal about Trevor Bower, a talented Major League starting pitcher who, somewhat like Curt Schilling (recently discussed here), had a well-earned reputation for being an eccentric, and kind of a jerk. Bauer was also Donald Trump-like on social media, with similar, if more narrowly focused, results.

He once knocked himself out of a crucial post-season start by cutting a pitching hand finger playing with a drone (he loves drones). In 2018, while pitching for the Cleveland Indians, Bauer appeared to carve “BD 911” into the pitching mound during a game. That has been Truther short-hand for “Bush Did” the 9-11 bombings, and Bauer was widely criticized for the stunt. He then angrily denied that the message meant anything political, but never explained what it did mean. This also did not make him popular in a sport that is branded as patriotic and embodying core American values. In 2019, a sportswriter started claiming that Bauer’s tweets made him a “problem” because he had a contentious exchange with a female Twitter user. He was accused of harassment. It wasn’t harassment, but a pattern was set that eventually bit Bauer, hard.

In 2019, after allowing seven runs, Bauer threw a baseball over the centerfield wall after seeing his manager Terry Francona come out of the dugout to remove him from the game. Bauer apologized profusely, but it was the final straw for Francona, and the Indians traded him. Bauer was among the most vocal critics (and one of the few player critics) of the Houston Astros’ cheating scandal (see here), and cheating in baseball generally. This is also not the way to be popular in the clubhouse. In 2021, MLB announced that umpires would be checking the balls more carefully and regularly to ensure that the rule against doctoring pitches wasn’t being violated. The first pitcher to have his thrown baseballs collected for inspection based on suspicion of doctoring was…Trevor Bauer, Anti-Cheating Crusader. Bauer reacted sarcastically to the report on his Twitter account, and noted that many baseballs were being collected from games across baseball, not only from him. I wrote that this was an ethics red flag for me, as was his reaction when baseball announced the new policy, saying that there would be no way to determine who doctored the balls.

Luckily for Bauer, the SOB can really pitch. In the shortened season of 2020, Bauer won the National League Cy Young Award as one of the two best pitchers the Major Leagues. The King’s Pass reigns supreme in baseball (as in other sports): if a player is good enough, he can get away with almost anything. Almost. The Dodger signed Bauer to a rich, three year contract.

2. The Scandal. Bauer had a much larger scandal coming. A restraining order was taken out against him in late June of 2021 by a former sex partner. The woman claimed she had what started as a consensual relationship involving rough sex with the pitcher, but in a 67-page document, alleged that Bauer assaulted her on two different occasions, punching her in the face, vagina, and buttocks, sticking his fingers down her throat, and strangling her to the point where she lost consciousness twice, an experience she said she did not consent to. After the second choking episode, the woman claimed she awoke to find Bauer punching her in the head and face, inflicting serious injuries. She contacted police, and an investigation of Bauer by the Pasadena, California police department began.

Baseball, which had made the NFL and the NBA look bad (they are bad) by cracking down on domestic abuse by players, placed Bauer on indefinite “administrative leave” although her allegations were unsubstantiated. At the time, I wrote,

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Comment Of The Day: “Ethics Quiz: The Rehabilitated Brain-Eating Cannibal”

/ Jack Marshall / 9 Comments

I did not, when I decided that the saga of Tyree Smith justified an ethics quiz, foresee that the story neatly dovetailed into a larger theme covered extensively by ethics alarms of late, the untrustworthiness of “experts” and the danger of blindly accepting their pronouncements, influenced as they too often are by ideological biases and political agendas. Longtime commenter Michael R., however (3, 425 comments since October 26, 2012!) managed to connect the dots.

Here is his Comment of the Day on the post, “Ethics Quiz: The Rehabilitated Brain-Eating Cannibal”:

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This is why it is time to remove the monopolies these professional groups have on essential services. The psychiatrists and psychologists have a monopoly on confining people for mental illness and, in this case, releasing the criminally mentally ill. How many times have they failed in this? James Holmes (above), the 2012 Aurora, Colorado movie theater shooter, is a good case in point. He had been banned from seeking psychiatric help because he was deemed too dangerous, but the very establishment that deemed him too dangerous to be around THEM, refused to sign papers that would let the police involuntarily confine him. At least they successfully determined he was a danger to those around him, they just refused to help the general public. We have them pushing puberty blockers and surgical sterilization on children with no evidence this will help. In fact, the actual ailments they suffer from were probably caused by the very ‘experts’ that get to decide the ‘treatment’.

Let’s look at medicine next. The medical associations regulate themselves and are calling for ideological conformity in all physicians. Anyone who disagrees about COVID masks, vaccinations, DEI, affirmative action, etc can’t be a physician. Pharmacists can refuse to fill prescriptions if they don’t agree with the physician’s treatment, or diagnosis, or they think the person looks sketchy. Medicine is an essential service. We can’t have such groups dictating if we can get care or not.

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Meatball’s Lawyer’s Infuriating Excuse For Her Client’s Role In Philly’s Looting Spree: Yes, It’s Unethical, But Not For The Reason You Might Think

/ Jack Marshall / 6 Comments

[Unlike the previous post, I remembered to attach the statement I’m writing about in this one. The Bowman update now has the missing information, thanks to Old Bill who reminded me this morning that I’m a moron ]

Following close on the metaphorical heels of Rep. Bowman’s ridiculous excuse for setting off a fire alarms to delay a vote in Congress yesterday (‘Oh THAT’S what a fire alarm looks like! Who knew?’) comes the equally ludicrous statement of Jessica Mann, the criminal defense attorney for Dayjia Blackwell who represents the 21-year-old Philadelphia “influencer” known as “Meatball.”

Blackwell was arrested and charged with burglary, conspiracy, criminal trespassing, rioting, criminal mischief, criminal use of communication facility, receipt of stolen property and disorderly conduct. This seems fair, as she not only livestreamed the destructive rioting and looting that took place for two days in Philadelphia last week, but encouraged her fans to participate, and took part in the crime spree herself, announcing what she had stolen in the video feed. Then, after her arrest, she begged her fans to donate money for her bond (she told her 196,000 followers, “All I want to do is go treat myself” and plugged her Cash App handle) then quickly had T-shirts, hoodies and other items made using her mugshot above— and thanks, Donald Trump, for creating this obnoxious new trend. Those are selling briskly. “Remorse” does not seem to be part of her defense—-nor innocence, since she’s on video doing everything she’s charged with.

Despite all this, lawyer Mann posted on Instagram…

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An Invitation To Be An Unethical Lawyer…

/ Jack Marshall / 7 Comments

Just as I was preparing yesterday for today’s 3-hour legal ethics CLE seminar (which, coincidentally, contained a section about the unsettled status of lawyers using artificial intelligence for legal research, writing and other tasks in the practice of law), I received this unsolicited promotion in my email:

Let’s see: how many ways does this offer a lawyer the opportunity to violate the ethics rules? Unless a lawyer thoroughly understands how such AI creatures work—and a lawyer relying on them must—it is incompetent to “try” them on any actual cases. Without considerable testing and research, no lawyer could possibly know whether this thing is trustworthy. The lawyer needs to get informed consent from any client whose matters are being touched by “CoCounsel,” and no client is equipped to give such consent. If it were used on an actual case, there are questions of whether the lawyer would be aiding the unauthorized practice of law. How would the bot’s work be billed? How would a lawyer know that client confidences wouldn’t be promptly added to CoCounsel’s data base?

Entrusting an artificial intelligence-imbued assistant introduced this way with the matters of actual clients is like handing over case files to someone who just walked off the street claiming, “I’m a legal whiz!” without evidence of a legal education, a degree, or work experience.

On the plus side, the invitation was a great way to introduce my section today about the legal ethics perils of artificial intelligence technology.