Professions

Morning Ethics Warm-Up, 11/6/19: Goose Shit!

/ Jack Marshall / 14 Comments

Good morning!

My best friend of long standing’s  favorite singer is Nat King Cole. He really doesn’t sound like anyone else, does he? I wonder how many millennials have heard his amazing voice, or would have the perspective to appreciate it.

Speaking of listening, I was prompted this morning to reflect on what a vital life-competence skill listening is. It is really an acquired skill: various Facebook discussions make it clear that most of the Facebook Borg warriors are no longer listening (or otherwise paying attention) to any information that doesn’t bolster their confirmation bias.

What made me think about this today was happening upon an early morning showing of “Casablanca” on Turner Movie Classics. I must have seen the classic a hundred or more times since  first watched the whole movie in college, and yet today was the first time I heard what “Rick” Blaine’s real first name was. All the other times I watched the movie, this passed by my consciousness without leaving a trace, but his real name is used three times. (Hint: it’s not Richard, though that’s what Ingrid Bergman calls him…)

1. A great President in many ways, but also a terrible human being. Watch the culture and the news media bury this. “The Jews Should Keep Quiet: Franklin D. Roosevelt, Rabbi Stephen S. Wise and the Holocaust,” a new book (published in September) reveals new archival evidence that shows FDR’s callous and bigoted treatment of European Jews prior to and during the Holocaust. I know the author, Dr. Rafael Medoff of the David S. Wyman Institute for Holocaust Studies, as a result of his assisting The American Century Theater with several productions that involved the Jews and Israel.

The book’s revelations are not shocking to anyone who had looked at the evidence objectively even before this new material, but Roosevelt is a hallowed Democrat Party icon, and it has been, and I assume will continue to be, resistant to any effort to inform the public of this horrific moral and ethical failing, one of  many FDR was guilty of inflicting.  From a review: Continue reading →

Morning Ethics Warm-Up, 11/4/2019: Ethics Alarms Threats, Lawsuits, Censors And Foes

/ Jack Marshall / 24 Comments

Good morning!

I’m hoping that I can get back on a more regular schedule soon, and I want to express me thanks for everyone’s patience with the unexplained gaps in commentary and the “warm-ups” that have been turning up ad odd hours of the night.

1. Ethics Alarms defamation suit update! The banned Ethics Alarms commenter whose feelings I hurt received notice that his appeal of the trial judge’s rejection of his absurd defamation claims was rejected, as was his motion to file a non-conforning brief, and his motion for sanctions against me as a Massachusetts lawyer.  Within minutes he had filed a motion for reconsideration. This, of course, requires me to file a response. It is vengeance by pro se abuse, of course, and wildly unethical, but I assumed this was what I was in for.

2. More “Welcome to my world!” notes. A Democratic  candidate for Congress in Michigan whom I referenced as an aside in this post in June about one of Rep. Ocasio-Cortez’s dumb tweets invaded my in-box last night to ask that I take down the post, saying in part,

I am sending this email to you to formally request that you remove my name from this website. As you are aware AOC has received a number of death threats.  I am a candidate running for Congress in Michigan and I recently had someone shoot a bullet through the window of our headquarters.  We are in the process of getting security however your decision to place my name on a website with someone who is constantly in danger [is] extremely dangerous to my safety and the safety of others. I have contacted the police & I am also in the process of contacting the FBI.  I will be certain to point out your website.

To which I said, in essence, “Bring it on.” I don’t respond well to threats, especially stupid ones. This party really does have a problem with free speech, doesn’t it?

3. Here’s why I don’t belong to the American Bar Association…President Trump’s Ninth Circuit judicial nominee Lawrence VanDyke was called arrogant, lazy, ideological and an anti-LGBTQ bigot in the American Bar Association’s official evaluation of his qualifications for the post. This was based on accusations against the nominee from unnamed associates, sniping at him from the shadows of anonymity.

“Absolutely outrageous and couldn’t be further from the truth,” protested Nevada Attorney General Adam Laxalt. VanDyke served as state solicitor general under Laxalt, Others interviewed by the ABA for the reports said that their positive recommendations were greeted with perfunctory indifference by ABA personnel. Joseph Tartakovsky, Nevada deputy solicitor general for three years under VanDyke, said his ABA phone interview lasted  seven minutes at most, during which “it was clear to me that she was going through the motions.” Tartakovsky said he was “surprised and dismayed” when he read the ABA’s critical letter, as he  gave VanDyke a strong recommendation, saying he was an “exceptional lawyer” and “born to be a judge.”

I don’t know anything about VanDyke, who could be a legal genius or a judicial hack. I do know the American Bar Association has long been dominated by Democrats and progressives, and is among the many professional associations that has disgraced itself and its members by tacitly allying itself with the “resistance.” The ABA has been incapable of objective assessments of the qualifications of judicial nominees for decades, and should not be trusted with the assignment.

4. Facebook ethics, or what passes for them. Facebook honcho Mark Zuckerberg upset his troops when he announced that his social media platform would not fact-check political ads and censor them for being “false.” Facebook had been using the biased and untrustworthy PolitiFact and Snopes as fact-checkers, so obviously his was the right decision. His minions, however, have been vocal in dissent, even recruiting Hollywood Hard-Lefty Aaron Sorkin to write an “Open Letter” of protest.

I obviously have some experience with Facebook’s objectivity in deciding what information should be published or not, since Ethics Alarms has been banned from the site without any explanation. These people can’t distinguish “facts’ from opinions they don’t like, especially when the opinions contradict the agendas of the Axis of Unethical Conduct (Democrats, “the resistance,” and the mainstream media). Sorkin claims that he fears for children believing that “Kamala Harris ran dog fights out of the basement of a pizza place while Elizabeth Warren destroyed evidence that climate change is a hoax and the deep state sold meth to Rashida Tlaib and Colin Kaepernick.” but the sooner kids learn how to sniff out garbage, the more competent adults they will be. Who is Sorkin kidding? He knows it isn’t the crazy stuff he wants Facebook to smother: he doesn’t want ads that argue that Democrats have been trying to overthrow a President without winning an election, because when you are conducting a disinformation campaign you don’t want any opposition.

 

Saturday Ethics Pitch, 10/26/2019: Calvin Coolidge Was Right, Baseball is Wrong, And Other Revelations

/ Jack Marshall / 8 Comments

Here it comes!

1. Oh-oh...I was worried about this. Early in the baseball post-season there were rumors flying that MLB had deadened its baseballs after a 2019 season that saw records shattered for homer frequency. I wrote (somewhere this month: I can’t find it) that if the sport really did mess with the balls at this point it would be a massive breach of ethics, changing the conditions of the game when the games mattered most.

So far, the conspiracy theorists have been bolstered by the statistics.

 Baseball researcher Rob Arthur revealed in a Baseball Prospectus report on October10 that after nearly 20 postseason games, home runs were occurring at at half the rate the 2019 season’s homer frequency would predict. Arthur allowed for the fact that better pitchers and hitters  made up  playoff teams, and still  concluded that the ball was not flying as far as it did during the regular season. “The probability that a random selection of games from the rest of the regular season would feature as much air resistance as we’ve seen so far in the postseason,” he wrote, “is about one in one thousand.” A follow-up report by Arthur again found significant variation in the flight of the ball this postseason.

This isn’t good.

2. It’s not even 2020, and the New York Times isn’t even pretending  to be objective. Two examples from today’s Times:

  • In a story about Tulsi Gabbard announcing that she would not run for re-election to the House, the Times spun for Hillary Clinton, writing, “Last Friday, Hillary Clinton suggested that Republicans were “grooming” her for “a third party run”, though Ms. Gabbard has denied any such plans.” What was notable about Clinton’s smear was that she said that Gabbard was “a favorite of the Russians. They have a bunch of sites and bots and other ways of supporting her so far.”  This is a variety of “fake news” that the Times excels at, telling only part of the story to manipulate public perception.
  • Headline (Print edition) : “Speaking at Black College, Trump Ridicules Obama For Effort on Racial Equity.”  Wow, what a racist! Attacking efforts at racial equity! In fact, the President criticized the paltry results of Obama’s efforts to advance racial equity. He in no way ridiculed Obama for making those efforts.  Again, the Times is now a master at playing to its anti-Trump readers confirmation bias.

Continue reading →

Cancellation Culture Gone Nuts: The Kenneth Fisher Saga

/ Jack Marshall / 20 Comments

“Be afraid…be very afraid.”—Geena Davis in “The Fly”

Kenneth Fisher, the acclaimed billionaire money manager whose investment firm manages more than $112 billion of investors’ money,  spoke at an October 8 conference.  In his remarks, he said getting new clients was akin to “trying to get into a girl’s pants.” The analogy between marketing and seduction is old, common, and not without validity. It can (and should) be expressed in less vulgar ways, to be sure, but no one in the audience could have mistaken Fisher’s meaning.

Yet the New York Times described the remark as a “lewd and sexist joke”—Lewd? Joke?—and like-minded cancellation culture posse members set out to destroy Fisher and his business in retribution for using an analogy of dubious taste. [ I should note that some attendees at the conference–including some who are Fisher’s competitors—reported that there were other “off-color” comments that could not be confirmed by the Times.]

Thanks to a news and social media campaign since he made that “joke,” the past two weeks have seen public pensions and institutional investors pull nearly $2 billion from Fisher Investments, which has 3,500 employees.  They also deserve to lose their jobs, presumably, because their boss is insufficiently sensitive in a #MeToo world. Other public pensions have placed  Fisher’s firm on a watch list for potential action.

Friday Night Ethics Lights, 10/25/2019: Signs Of The Coming Apocalypse?

/ Jack Marshall / 17 Comments

Good Evening!

1. More evidence of ethics rot and educational malpractice at Harvard. The Harvard Crimson covered an “Abolish ICE” protest on its campus last month. The fact that the supposedly most prestigious college in the nation would have something as idiotic as an anti-ICE protest attended by more than a few unfortunates with closed head injuries is troubling enough, but behold:   student activists attacked  the daily student-run paper  for “cultural insensitivity” and of “blatantly endangering undocumented students on campus.” because it contacted the immigration enforcement agency for comment after the protest had ended.

The Horror.

Now hundreds of America’s alleged best and brightest have signed a petition demanding that the newspaper operate as if ICE didn’t exist.

 Crimson editors Angela N. Fu and Kristine E. Guillaume defended its practices  in the paper this week, protesting that asking for comment is a standard journalism device, arguing in part, “We seek to follow a commonly accepted set of journalistic standards, similar to those followed by professional news organizations big and small. Foremost among those standards is the belief that every party named in a story has a right to comment or contest criticism leveled against them.”

Forget it, Angela and Kristine. You’re supposed to be partisan activists, like the mainstream media.

Ethics experts from the Student Press Law Center and the Society of Professional Journalists supported the Crimson, citing the  SPJ’s Code of Ethics. That’s nice, although I would call the gesture “lip service.”

2. SkyNet is listening. Because of loopholes in their security software, hackers can use  Amazon Alexa and Google Home virtual assistants to eavesdrop on user conversations without their knowledge, and even trick users into handing over sensitive information.

Gee-what-a-surprise….

For once, the American Bar Association got comparatively ahead of looming legal ethics risks created by developing technology by issuing a resolution in August urging bar associations and the legal profession to develop guidelines addressing the risks posed by attorney use of artificial intelligence. It’s a long document, undoubtedly missing many issues on the horizon, and regarding those personal assistants, it lacks an essential sentence: “Don’t let those things get within ten miles of your legal work.” Continue reading →

The Misleading Nature Of Media-Hyped Research

/ Jack Marshall / 20 Comments

Aaron Carroll is an American pediatrician and professor of pediatrics at Indiana University School of Medicine, as well as the Vice Chair for Health Policy and Outcomes Research and the Director of the Center for Health Policy and Professionalism Research. He favored the New York Times with an unusually clear and unbiased explanation of why so much “consensus” research used to panic the public is dubious, and mirabile dictu, they published it. For some reason, however, it ended up inside the Times Business section, despite Times having a perfect forum for it, its weekly Science insert.

I’m going to apply Hanlon’s Razor and attribute this to lunk-headedness rather than sinister instincts, even though Carroll’s observations clarify much of what’s wrong with “climate science.” Professor Carroll’s specific complaint involves the myths, as he calls them, declaring that diet soda is deadly, but his points apply to other scientific research and public opinion manipulation as well. Among them:

The public’s fear of “chemicals”

“Everything is a chemical,” Carroll writes, “including dihydrogen monoxide (that’s another way of saying water). These are just words we use to describe ingredients. Some ingredients occur naturally, and some are coaxed into existence. That doesn’t inherently make one better than another.”

[As an aside, the same kind of intentional confusion occurs regarding the term “drugs.” I saw a TV ad last might for melatonin tablets that repeated over and over that the pills were “100% drug free.” Melatonin is a hormone, and hormones are drugs, defined as any substance “that causes a change in an organism’s physiology or psychology when consumed.” Ah, but chemicals and drugs are scary.] Continue reading →

Fixing Elizabeth Warren’s Voice

/ Jack Marshall / 8 Comments

In a post yesterday about the Democratic candidate’s debate this week, I wrote, as a coda to the usual observations about Elizabeth Warren (that she’s a demagogue, that she’s a relentless populist panderer, that she advocates things in public that as a law school professor she knows are impossible or unconstitutional…that sort of thing),

“Maybe its just me, but she talks through her nose, and has one of the most annoying voices in the history of politics. Do you think that doesn’t matter? It matters. It’s also fixable.”

I’m a professional stage director (at least when someone’s willing to pay me to direct a play, anyway), and fixing bad speech habits is part of the job. Most of the time, it is just a matter of making an individual listen to themselves. I could fix Elizabeth Warren in a few hours.

Commenter Jeff, however, raises an interesting point, as he writes,

I think the window on “fixable” might have closed. If Warren took voice lessons and learned to speak with a more pleasing voice, wouldn’t it feed the perception that she’s phony? She’s already got an authenticity problem, and if her voice suddenly became non-annoying, it would be quite noticeable. Had she done it before getting all the press coverage of the primary race, it might have gone unremarked, but I think it’s too late now, especially as she takes the front-runner spot (and its attendant scrutiny from the other candidates) away from Biden.

Can you imagine the hay Trump would make with that? Sample tweet:

“Liz Warren, the Fake Indian, is such a phony she doesn’t even talk with her Normal voice anymore! So sad!”

Continue reading →

Hypocritical Or Just Responsible And Competent? Hollywood’s LGBTQ Problem

/ Jack Marshall / 23 Comments

 

Before it went down the tubes, the leftist commentary website ThinkProgress posted a typical piece (that is, so crippled by bias and a progressive agenda that it was useless as advocacy unless the reader already agreed with it) bemoaning the fate of LGBTQ performers in Hollywood like Kristen Stewart. Stewart, once a rising young star with the “Twilight” Saga films, now approaching 30 without a clear career path.

You’ll get the article’s point of view from the kick-off:

“In an interview with Harper’s Bazaar UK, actor Kristen Stewart, who has been romantically linked to model Stella Maxwell since 2017, said, “I have fully been told, ‘If you just like do yourself a favor, and don’t go out holding your girlfriend’s hand in public, you might get a Marvel movie.’ I don’t want to work with people like that.” Stewart has said publicly she does not identify as bisexual or lesbian, and doesn’t want to choose a label for her sexuality. In the same interview she added, “I was informed by an old school mentality, which is — you want to preserve your career and your success and your productivity, and there are people in the world who don’t like you, and they don’t like that you date girls, and they don’t like that you don’t identify as a quote unquote ‘lesbian’, but you also don’t identify as a quote unquote ‘heterosexual’. And people like to know stuff, so what the fuck are you?’”

Although it may, at times, appear as though LGBTQ representation and participation in Hollywood has achieved some semblance of parity, Stewart’s experience is far from unique. Several young, openly LGBTQ actors such as Ellen Page and Ezra Miller have talked about how their gender and sexuality have affected how people talk to them about their careers.”

Well, of course it does. Continue reading →

“Forget It, Jake, It’s Canada!”: The Craziest Ethics Ruling Ever!

/ Jack Marshall / 10 Comments

Pervert!

Alexandru Tanase, a Canadian dental hygienist, has been stripped of his license because he violated an ethics regulation forbidding sexual relations between dental hygienists and their patients even if they are married. Many professionals have such ethics prohibitions, including lawyers. Tanase’s patient in this case, however, was his wife.

The College of Dental Hygienists of Ontario felt that a disciplinary hearing was necessary following a complaint against Tanase made by a jerk of a colleague who had read a Facebook post from Tanase’s wife about the care he had provided her.  It wasn’t the first time: they had become romantically involved after Tanase had learned that she had neglected her teeth for years out of fear, and agreed to provide free in-office treatment as a kindness. This was in 2012; by 2014, the platonic friendship had turned to  love, and they later became man and wife. Because of Ontario’s no-sex-with-dental-hygiene-patients rule, Tanase had stopped cleaning her teeth around this time. Ontario enacted the zero-tolerance policy in 1993 to protect patients from sexual exploitation, and under the (lazy and stupidly written) law, mutual consent creates no exceptions. Continue reading →

Ethics And The Joker’s Moustache

/ Jack Marshall / 24 Comments

“The Joker,” opening this week and presenting Joaquin Phoenix’s portrayal of Batman’s arch-enemy as fitting the classic mass-shooter profile, has provoked all sorts of ethics- related debates. Is it responsible to release a film that may risk triggering the psychopathic loaners with access to guns we all know lurk in the shadows? Is the studio risking another Aurora-style theater shooting? Should such films be boycotted? Regulated?

These debates, which are retreads of the same old refrains the nation has been tortured by since dime novels through Warner Brothers gangster movies, EC comics, “The Untouchables” TV series, the Legion of Decency’s reign, Sam Peckinpah films and “A Clockwork Orange,” are all appeals to censorship using “Think of the Children!” rationalizations, and are essentially attacks on free speech. The contrived debate is alarming but not difficult to call: the would-be censors are wrong, motivated by emotion, and that’s that.

No, the really interesting ethics debate the new movie has revived is another old one: Was it ethical for actor Cesar Romero to keep his moustache when he played the Joker?

Cesar  Romero  (February 15, 1907 – January 1, 1994) is now largely forgotten, but he was a familiar presence in films, radio, and television for almost 60 years. Sort of a Grade B Riccardo Montalban, Romero had a rather narrow range, with his portrayal of dashing Latin lovers, historical figures in costume dramas, and characters in light  comedies all looking and behaving similarly. Romero’s trademark was his moustache, especially in the post-Errol Flynn era when leading men seldom wore them.

When the 1966 camp TV show Batman became a brief sensation in 1966, the casting of Romero as the Joker was a shock. He had never played any role remotely like it, nor was broad, silly comedy his typical milieu. Most shocking of all, when the Joker finally made his appearance on the show  it was obvious that Romero hadn’t shaved his upper lip. Reportedly the actor refused to eliminate  his moustache for the role, and so the supervillain’s white face makeup was thickly smeared over it throughout the series’ three-year run and for Romero’s co-starring appearance in the 1966 film. Continue reading →