Professions

Morning Ethics Drill, 5/7/19: Unethical Headlines, A Missing Coffee Cup, And A Comment Of The Day

/ Jack Marshall / 22 Comments

A morning that begins with a trip to the dentist and a referral to an oral surgeon can’t be good. Sorry.

And now I see that without warning or explanation, WordPress has removed its spellcheck feature. I’m sure those of you who are sick of my typos will appreciate THAT…

1. Stop making me defend Anderson Cooper, sort of! Here’s a cheap shot Fox News headline:

Anderson Cooper denies he’s ‘on the left,’ then rips Trump for tweeting about Kentucky Derby

Well, I’m also not on “the left” (Cooper is, of course), and I’m going to rip the President for tweeting his opinion on the Kentucky Derby, without even getting into the fact that his opinion was ill-informed and stupid.

As I wrote more than once during the Obama administration, the President is not the national arbiter of everything, and should keep his opinion to himself unless it directly and clearly involves the national interest. President Obama had a proclivity for injecting himself into controversies large and small, from the Trayvon Martin shooting to picking brackets for the NCAA college basketball tournament.  I wrote in this post,

This can no longer be called a rookie mistake, like the Prof. Gates arrest affair. President Obama has now had plenty of time to absorb the fact that the President does not have a blank check to insert himself into every local controversy and use his office to sway public opinion and the conduct of others regarding matters outside his responsibilities. Still, he continues to do it. It may seem trivial at first: the President gave an interview on TNT in which he pointedly suggested that NBA superstar LeBron James consider the Chicago Bulls as he faces free agency.  After weighing in on the most important things for James to seek from his current team, the Cleveland Cavaliers, if he was going to stay there, the President said, “You know, like I said, I don’t want to meddle. I will say this: (Derrick) Rose, Joakim Noah it’s a pretty good core. You know, you could see LeBron fitting in pretty well there.”

Now, I don’t care what Cooper thinks of Trump’s meddling in matters that don’t concern him if the CNN anchor didn’t have the integrity to knock Obama for doing the same thing, and repeatedly. Still, Anderson was on the right track—finally—to say, as he did,

“The president of the United States seems to have a lot of time on his hands And he can’t even stand some horses getting uninterrupted airtime. He’s got to be a part of every frickin news cycle. He can’t help himself!”

(I guess “frickin” is now considered professional lexicon at CNN. Stay classy, Anderson!)

Less defensible was this comment: Continue reading →

Funny! But Inexcusably Incompetent : “Game Of Thrones” Ethics

/ Jack Marshall / 43 Comments

Yes, somebody left a Starbucks cup on the set of last night’s much ballyhooed “Game of Thrones” episode on HBO.

It would be a good exercise to list all the rationalizations one could access to try to minimize such a massive botch, and avoid the likely consequences of making it. Without breaking an ethics sweat, I came up with…

  • 6. The Biblical Rationalizations, “Judge not, lest ye not be judged,” and “Let him who is without sin cast the first stone.”
  • 8. The Trivial Trap (“No harm no foul!”)
  • 19. The Perfection Diversion: “Nobody’s Perfect!” or “Everybody makes mistakes!”
  • 20. The “Just one mistake!” Fantasy
  • 22. The Comparative Virtue Excuse: “There are worse things.”
  • 38. The Miscreant’s Mulligan or “Give him/her/them/me a break!”
  • 50. The Apathy Defense, or “Nobody Cares.”
  • 64A. Bluto’s Mistake or “I said I was sorry!”

As silly as that “one mistake” seems, a head, or many heads, should roll. This tweet from an annoyed fan nicely sums the situation up: “You’re telling me they had TWO YEARS to put together a decent show and they couldn’t even spot the goddamn Starbucks cup in Winterfell??!” Continue reading →

Morning Ethics Warm-Up, 5/3/2019: The “All They Had To Do Is Not Be Crazy, And They Couldn’t Even Do That” Edition [Part II]

/ Jack Marshall / 14 Comments

I’d recommend reading the Introduction to this two-part post before diving into this. I also recommend holding down the top of your head…

1. You want crazy, I’ll give you crazy... The Washington Post, one of the two loudest media heralds for the  Woke, progressive and nuts, felt it was necessary to raise this question: “Why didn’t Chewbacca get a medal?” As I’m sure you know, Peter Mayhew, the tall actor who played the lovable, if inarticulate Wookie, died yesterday. Thus the Washington Post felt it was newsworthy to discuss whether the Rebels in the original Star Wars were white supremacists or something because the final scene shows Luke and Han wearing medals for saving the galaxy far away but poor Chewbacca with nothing, although he’s obviously being honored too.

We really do have to be trained to see racism everywhere, especially when white bitches like Princess Leia call the shots.

This comes on top of another Post  article by John Broich, who teaches WWII and British Empire history at Case Western Reserve University, and typifies why sending your kid to college today is irresponsible. His position:  “Allied leaders were anti-Nazi, but not anti-racist. We’re now paying the price for their failure.”

Now if I read this right, the logic of the current history-cleansing Left would require that all monuments to W.W. II leaders, generals and soldiers should be hauled down, since they enabled racism. He concludes,

“After Charlottesville, too, social media echoed with variations of the line: “My grandpa didn’t fight the Nazis only for them to return.” And it’s possible that a good many of our grandfathers might have fought the Nazis expressly to oppose their race supremacy. But it’s worth putting this plainly: The Allied leadership did not fight the war over fascist race-nationalism. That was the historical path not taken.”

The allied leadership and its soldiers fought the war to win, and did.  The total defeat of Hitler and Japan sent the most powerful message possible to the public and the world that genocide and race hatred were suicidal ideologies. Continue reading →

Happy Saturday Ethics Warm-Up, 4/27/19: Conniff, Cohen, California, And Co-opting A Classic

/ Jack Marshall / 23 Comments

Weekends, unfortunately, are only a rumor when you run a business out of your home…but I’m still HAPPY!

1. “To Kill A Mockingbird” ethics. I asked an old friend and talented director to give me her review of the controversial “To Kill A Mockingbird” on Broadway (previously discussed here, and here…). What I was most interested in was whether the new version (by “The West Wing” auteur and liberal political advocate Adam Sorkin) actually meets the contractual requirement insisted upon by Harper Lee’s estate, that “the Play shall not derogate or depart in any manner from the spirit of the Novel nor alter its characters.”  Well, I knew it would not be; Sorkin and the producer held out for being able to make a “woke” “Mockingbird” reflecting “current sensibilities,” and Lee’s greedy relatives wanted the money more than they cared about what Harper Lee might have wanted, like preserving the integrity of her novel.

Sure enough, my friend reported that the play was full of anachronisms and felt nothing like a story set in a small Southern town in the 1930’s. Most jarring of all, she said, was the oft repeated message that the racially prejudiced individuals in the town were “bad people.” This is the exact opposite of what Atticus Finch tells his daughter in the novel.

2. The GDP. Today the New York Times had the good and unexpected GDP news on its front page, so I’ll retract yesterday’s criticism  of the Times for burying that important news, and evidence of some Trump success. Instapundit pulled out this LA Times article  from 2017. It begins, Continue reading →

Wow—Is This The Most Contrived Feminist Complaint Ever Put Into Print? [CORRECTED]

/ Jack Marshall / 43 Comments

Lindsay Crouse—the writer, not the actress, as I originally assumed in the original version of this post— has an op-ed in the New York Times called “Why Don’t Women Get Comebacks Like Tiger Woods?” (Thanks to Althouse for pointing me to it: I tend to avoid the Sunday Times Review section since it became a repetitious Trump-bashing fest week after week.)

Here’s Crouse’s argument, condensed, in her own words: Continue reading →

Easter Ethics Warm-Up, 4/21/19: As Ethics Lays Some Eggs…

/ Jack Marshall / 30 Comments

Happy Easter!

1.  A cultural note: there is no discernible Easter programming anywhere on TV, cable or network. Oh, TCM is playing “Easter Parade” and “King of Kings” in prime time, but that’s it. ‘Twas not always thus.

2. Speaking of TCM…Bravo for the classic movie network’s teaming with Fandango to offer big screen presentations of John Wayne’s “True Grit” in May. They could have justifiably chosen many other Westerns equally worthy or more so, like “Shane” or “High Noon.” I like to think that choosing the Duke’s Oscar winning performance is an intentional rebuke to the recent attack on Wayne’s legacy by the social media mob, a true “Fill your hand, you son of a bitch!” to the cultural airbrushers and statue-topplers.

I’ll be there, cheering Rooster on.

3. Other than journalists, have any other professionals debased themselves and their professional integrity more flagrantly that lawyers and law professors in their determination to Get Trump? This article in Slate by a law professor argues that asking or telling one’s lawyer to do something that the lawyer refuses to do—like firing Robert Mueller—can be criminal obstruction of justice. By this theory, every time a client says that he wants the lawyer to assist in an illegal act, it’s a crime.  But that’s not how attorney-client relationships work. The attorney is obligated to say, when appropriate, “No, you can’t do that, and I won’t do that for you, and here’s why.” In the end, it is indistinguishable from the client asking the lawyer’s advice, because clients only have the power to order a lawyer to do a very limited number of things, like accepting a settlement.

The professor’s argument also assumes that Trump firing Mueller would be obstruction of justice. Not only is this unprovable—that would have to be his intent—the President had a perfectly good reason to fire the special counsel, just as he had good reason to fire James Comey. Mueller’s investigation had been tainted many ways, and since Trump knew he was innocent, he saw the exercise as a calculated scheme to make it impossible for him to do his job. Firing Mueller and ending the investigation  would have been really, really stupid politically, but it wouldn’t be obstruction.

This, however, is how desperate “the resistance” is to bootstrap some kind of impeachment theory. Continue reading →

Lunch Time Ethics Appetizer, 4/17/2019: Accountability, Conflicts of Interest, Incivility, Hype And Privilege

/ Jack Marshall / 26 Comments

It’s a real ethics poop-poop platter…

1. Red Sox lousy start ethics. Boston Red Sox starting ace Chris Sale, widely regarded as one of the top two or three pitchers in baseball who signed a rich multi-year extension with the team right before the season began, lost his fourth straight start yesterday to begin the season. He told reporters, “This is flat-out embarrassing. For my family, for our team, for our fans. This is about as bad as it gets. Like I said, I have to pitch better…It sucks. I’m not going to sugarcoat it. I just flat-out stink right now.”

2. The Hollywood writers vs agents mess. I haven’t posted on this because I can’t find a copy of the controversial “Code of Conduct” that the agents refuse to sign. I also need to bone up on  the agency laws in New York and California. This article is a good summary of the show-down. Regarding the question of conflicts of interest in the practice of “packaging” and agents going into the production business, , however, it seems clear that the writers have the better arguments. From the article:

Packaging is a decades-old practice under which agencies may team writers with other clients from their stables for a given project. With packaging fees, an agent forgoes the usual 10 percent commission fee paid to them by individual clients; in its place, they are paid directly by the studio….The writers argue that agencies violate their fiduciary obligations to their clients when they make money from studios instead of from the people they are representing. The practice of accepting packaging fees, the writers say, allows the agencies to enrich themselves at the writers’ expense when they should be using their leverage to get more money for writer-clients.

Any time an agent gets paid by the party the agent is supposed to be negotiating with, that’s a textbook conflict. I’m amazed the agents have been getting away with this practice for so long. As for the production deals…

There are agency-affiliated companies that have moved into the production business — and this does not sit well with the writers unions. W.M.E., for instance, has an affiliate company called Endeavor Content. It was formed in 2017 and is a distributor of the show “Killing Eve,” as well as a producer of an epic drama coming from Apple TV Plus called “See.” C.A.A. also has an affiliate: Wiip. It is a producer of “Dickinson,” a comedy series that is also part of the Apple rollout scheduled for the fall. United Talent Agency is also getting in on production, with an affiliate called Civic Center Media. It has teamed up with M.R.C., the producer of “House of Cards,” to make new shows.

The agencies have argued that these affiliates are artist-friendly studios that will help writers, because they add to the number of potential buyers — which means more competition for writers’ services and bigger paychecks. The writers have said that agencies have a conflict of interest when they act as studios. How, they ask, can an agent represent you and also be your boss?

Bingo. The short and easy answer is “They can’t.”

Stay tuned… Continue reading →

Jake Stein’s Tears

/ Jack Marshall / 13 Comments

Legendary D.C. lawyer Jake Stein died last week at 94. He was that rarity in Washington and among lawyers, a universally respected attorney who had made few enemies and had few detractors. He was also long regarded as the sage of the profession in D.C., whose thoughtful and erudite essays that closed the bar associations’ monthly magazine, Washington Lawyer, were perhaps the most-read features of the publication.

I was reminded in his New York Times obituary that Stein represented Kenneth W. Parkinson, a former lawyer for President Nixon’s re-election committee, when he was charged with conspiracy and obstruction of justice in the Watergate scandal. Parkinson was the only indicted Watergate figure who was acquitted, and Stein’s skillful defense was considered to be the reason.  His closing argument was made unusually dramatic by Stein weeping as he described Parkinson as a pawn of “confessed perjurers,” and pleaded for the jury to consider his client’s character and the wounds the unjust prosecution had inflicted on it. “Doesn’t a lifetime, where you built it up grain by grain, weigh against that?” Stein asked plaintively.

I wonder: were Stein’s tears real, and does it matter? Continue reading →

Naked Teacher Principle, The Selfie Variation

/ Jack Marshall / 21 Comments

Pure as the driven snow! Especially if her breasts really look that THAT…

The Naked Teacher Principle (NTP) states that a secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.

Ah, would that it were always this simple! In the past, we have had to deal with the “naked teacher who paints with his butt and naughty bits on camera with a bag over his head” principle, for example.  Another teacher got fired when the naked photos of herself she had on her own tablet inadvertently was sent to the students in her class. Continue reading →

“Russiagate” Collapse Ethics: Don’t Trust These People Again…Ever.

/ Jack Marshall / 5 Comments

Debra Heine has compiled a useful list of the worst liars, hate-mongers, ethics corruptors,  and civic disrupters in he past three years of framing the President of the United States as a traitorous usurper who conspired with Russia to steal his high office. I was happy to find that I already distrusted all of those on the list that I had heard of, for this was hardly their only example of unethical instincts and corrupt behavior. Heine, a conservative blogger and pundit, used a rather high standard to make her list; I would have added several more. For example, ex- MSNBC star Keith Olberman, now again doing sports punditry on ESPN, has repeatedly tweeted such messages to the President as “Resign, you traitorous fuck!” and “Read up on the ADX Florence Supermax prison in Colorado. You’ll be celebrating your next birthday there. Enjoy!” But maybe nobody pays any attention to Keith any more—I hope not—so Debra was wise leaving him off. I definitely miss seeing Richard Painter on the list. He was President Bush’s ethics counsel, and has abused that credential (unethically exploiting credentials to deceive is a theme) to make one  specious impeachment argument after another, from “emoluments” to obstruction of justice to collusion.

Here is her list, which I will periodically comment on, though she has added extesnive documentation on each. It  is important that there be consequences for what all of these public figures, journalists, politicians and others have done to the nation, its institutions and our culture by pushing the Big Lie that the President made a deal with Russia absent any evidence at all. As I see it now, most of these individuals are refusing to acknowledge what they did or make any effort to undo the damage they have done to all of us. Suggestions that they served Putin’s interests by promoting discord and distrust of our institutions more than anything the President has done are quite correct.

A related list, focused only on the news media’s “fake news” regarding the Russia investigation and other efforts to impugn the President, was released yesterday by rebel reporter Sheryl Attkisson. She also ended up with an incomplete list, but a full list of the news media’s deceptions, incompetent errors, false predictions and wildly biased analysis would require days to scroll through. You can read it here.

Now Heine’s list… Continue reading →