Ethics Quiz: Income-Based Legal Penalties

In an op-ed in the Times,  lawyer Alec Schierenbeck argues for “progressive fines”:

“For a justice system committed to treating like offenders alike, scaling fines to income is a matter of basic fairness. Making everyone pay the same sticker price is evenhanded on the surface, but only if you ignore the consequences of a fine on the life of the person paying. The flat fine threatens poor people with financial ruin while letting rich people break the law without meaningful repercussions. Equity requires punishment that is equally felt.”

Your Ethics Alarms Ethics Quiz of the Day is..

Do you agree that “progressive fines” are a more ethical policy than having the same fines for the same violation, regardless of the offender?

Continue reading

Morning Ethics Warm-Up, 3/14/2018: The “Blotto From A Sleepless Night Fuming About Nobody Stopping That Puppy From Being Stuffed In The United Overhead Luggage Bin” Edition

Good Morning, United!

Where’s that whimpering sound coming from?

Grrrrrrr.

1 Don’t make America stupid, ABC. The new ABC legal drama “For The People” premiered last night, and lost me forever. I can’t trust the writers. In the final moments of the episode, a veteran female defense lawyer was consoling a young lawyer who was upset after losing a case. The older lawyer evoked the memory of a 1951 rookie for the New York Giants, who went hitless in his first Major League games and was devastated. But his manager put him in the line-up again, and he hit a home run in his first at bat, and never stopped hitting.

“Ah,” said the young lawyer, “Willie Mays. The greatest player who ever lived.” The older lawyer nodded sagely.

By no measure was Willie Mays the greatest baseball player. Is this racial politics by series creator Shonda Rhimes? I assume so: there is no other plausible explanation. The odds of two randomly selected baseball fans asserting that Mays was the greatest baseball player would only be more than miniscule if anyone who knows baseball believed that. Willie was the greatest centerfielder of all time, the greatest African-American player of all time, quite possibly the most charismatic and entertaining player to watch of all time, and very possibly the second most gifted baseball player of all time. But he wasn’t the greatest. The best player by every measure, statistical, modern analytics, WAR, JAWS, OPS, contemporary reports and common sense was, of course, Babe Ruth. He was the greatest hitter who ever lived, a great pitcher before that, and no athlete in any sport ever dominated it like Babe did in the Twenties.

Now, any individual can hold an eccentric opinion that Willie was better. But that was not how the assertion was presented. It was presented as an accepted fact that two random baseball fans agreed upon. This is irresponsible misrepresentation. I was trying to think of an equivalent: I think it’s like a TV show having someone quote the Declaration of Independence, and a listener then  say, “Thomas Jefferson. Our greatest President!” as the other individual nods sagely.

2. Four Regans, or, if you prefer, Linda Blair Heads.This is the new Ethics Alarms graphic for unethical media spin. The number of Regans can range from one to four, with four Regans signifying “spinning so furiously her head might fall off.” (If you don’t get the reference, you are seriously deficient in cultural literacy.) The four Regans go to the polar news media spinning yesterday’s special election in Pittsburgh, Pennsylvania, where Democrat Conor Lamb appears to have narrowly won a seat in a Republican stronghold, though the race is still too close to call. Continue reading

Ethics Hero: Ken White Of Popehat

I haven’t featured Ken White lately, in part because Popehat’s posts are sporadic, unlike those of mad bloggers who habitually post multiple essays a day. However, Ken’s most recent post is the epitome of  ethical blogging at its best. It is long, but absolutely worth the time to read. His subject is the internet pile-on against a mentally ill writer named Kenneth Eng, who, Ken points out, was obviously not well, and yet was mercilessly attacked and mocked. Fox News even exploited his illness for some sensational cable moments—shades of Sam Nunberg!  Ken, who has written frankly and courageously about his own battles with clinical depression, takes a hard ethics inventory, finds himself and the internet community lacking, and does a superb job—as usual—of clarifying a difficult issue.  I have had my differences with Ken, but at his best, White is as ethically astute and clear a writer as there is online, with an almost unfailing ability to point us in the right direction.

He writes in part, Continue reading

Morning Ethics Warm-Up, 3/13/18: Bad Quotes, Faithless Speakers

GOOD MORNING!

1 O.J. was guilty??? I’m shocked! I was going to run a quiz about whether Fox broadcasting the 12-year-old O.J. Simpson interview in which he “hypothesizes” about what really happened—when Nicole Simpson and Ron Goldman ended up with the lives stabbed out of them and a trail of O.J.’s blood leading from the scene to his home—was unethical or just icky, as in “revolting taste.”

Never mind: I’m willing to say it was unethical. Fox was aiding and abetting a murderer’s efforts to cash in on his crimes. Yes, yes, I know: in the eyes of the law, Simpson is innocent. But Fox, and you, and I, and O.J.’s lawyers and certainly O.J. all know beyond a shadow of doubt that he did it, and Simpson deserves a full shunning from the culture in every respect.

Fox, many forget, produced this interview as part of the promotion for O.J.’s book, “If I Did It,” written by a ghostwriter after interviews with Simpson. Simpson got $600,000 in the deal, denying later that he had anything to do with the project, and saying, “Hey, they offered me $600,000 not to dispute that I [wrote] the book…Everybody thinks I’m a murderer anyway. They’re not going to change their mind just because of a book.”

The consensus is that the Simpson’s statements in the Fox interview amount to a confession to double murder. I saw the key portion in a promotion,, where O.J. says that he remembers being at Nicole’s home, grabbing a knife, then seeing lots of blood…but not remembering what happened in between. But Simpson is a liar and a sociopath, and because of double-jeopardy, he can say that he watched Nicole and Ron get attacked by an army of zombies he recruited and it wouldn’t make any difference.

The degree to which Fox debased itself by running this offal cannot be exaggerated, and anyone who watched it without being paid to do so is an accessory after the fact to the unjust enrichment of O.J. Simpson.

2. Bonus O.J, ugliness: Read this hateful, racist, biased and legally ignorant essay by Michael Herriot at “The Root.” Herriot is another of many contributors to CNN whose anti-white racism is palpable, but deemed acceptable mainstream punditry. How deep and widespread is this kind of blind, unreasoning hatred of white Americans in the black community? How can anyone read something like this and wonder where the upsurge in white nationalism comes from?

3. And speaking of CNN’s  race-baiters…Here is Van Jones on his newly minted CNN show, whining and grovelling to Oprah Winfrey:

“It meant so much to us, and, you know, I have to let you know how it is for us now. We had you. We had the Obamas in the White House. Even on a bad day, you had a north star. You had some hope. And then it was like the universe looked just said, psych! And threw us in the toilet and closed the lid and now we’re just stuck in this crazy situation, swirlingHelp us, though, help us though!…I go out there and I try to tell people, let’s not become what we are fighting. Let’s not be what we’re fighting. They tell me, shut up, Van, because we got bigots out here, we got Nazis out here, we’re getting bullied, we are tired of going high. We want to go low and kick them in the private parts!”

There is disturbing evidence that “the resistance” and the anti-Trump mob, including the news media, is heading into a new and even more deranged stage, which is scary, since the previous stage has been putting unprecented stress on the nation’s mental and political health. We saw this deterioration with Jill Abramson’s open admission that she keeps a totem of Barack Obama in her purse to stave off despair. We are seeing more and more alternate-reality rants, like this one by David Remnick in “The New Yorker.”

The rhetoric is getting more shrill and hyperbolic every day, even when the news is good. At least Paul Krugman is consistent: his rhetoric about Trump has been shrill and hyperbolic from the start. Here he is this morning:

“Now, it’s a commonplace, but also a euphemism, to say that Trump has authoritarian instincts. A more accurate statement would be that he expects the kind of treatment tin-pot dictators demand, free from any criticism inside or outside his government and greeted with constant hosannas of praise. And everyone who isn’t willing to play the full game, who has tried to play by something resembling normal democratic rules, seems to be fleeing the administration. Soon only the shameless sycophants will be left. This will not end well.”

Sigh. All of America’s strong Presidents have had autocratic instincts, with the arguable exception of George Washington. Jackson, Polk, Lincoln, Cleveland, Teddy, Wilson, FDR, Truman, Ike,  LBJ, Nixon, Reagan, Clinton. Obama did as well, though he wasn’t a strong President. It’s just that people like Krugman are so offended by Trump being President that when he behaves essentially like the rest, they think it’s sinister. The complaining about this President surrounding himself with yes-men is especially hypocritical, since there were few complaints from the same critics about President Obama’s dangerously deferential inner circle, bolstered by a worshipful rather than properly objective press.

Krugman’s title is “Springtime for Sycophants.” Trump is Hitler, get it? Continue reading

Sunday Morning Ethics Warm-Up, 3/11/2018: Baseball, Bannon, and Chaos

Good Morning!

1 Great. Now I have to defend Steve Bannon. What greeted me this morning, as I surfed the Sunday news shows, Diogenes-like, searching for an honest journalist, but the sight of Steve Bannon in France, addressing the far-right National Front party yesterday and saying, speaking of the party’s effort to stem unrestrained immigration, particularly from Muslim countries,  “Let them call you racist. Let them call you xenophobes. Let them call you nativists. Wear it as a badge of honor.” On every channel, this was interpreted as if Bannon was endorsing racism, xenophobia and nativism. Naturally this was then reflected on Trump as part of the “Trump is a racist” Big Lie that Democrats and the news media push virtually every day.

Bannon has certainly made testaments at other times that raise a rebuttable presumption that he is a racist, but this wasn’t one of them, and the fact that so many journalists would intentionally represent the statement to the public as if it was tells us either that they can’t be trusted to analyze news events, or that they can be trusted to spin them to advance an anti-Trump narrative even when it defies language and reality. From NBC in a typical fake history description: “Bannon’s appearance in France was part of a European tour as he seeks an international platform for his closed-borders, anti-foreigner message that helped Donald Trump win the U.S. presidency.”  Trump did not advocate “closed borders,” nor was his platform “anti-foriegner.” That was the dishonest characterization of “America should enforce its immigration laws” by Democrats and the allied news media.

The words Bannon referenced have been part of the ongoing efforts to silence and demonize legitimate positions that oppose progressive cant, such as condemning rather than welcoming illegal immigration. What  Bannon was obviously saying —and I do mean obviously—is “Don’t let their reflex race-baiting and demonizing tactics discourage you or deter you. Calling sensible immigration laws “xenophobic” is a desperate lie. Calling it racist is a lie. Calling it nativist is a lie. Recognize that their tactics mean you are winning the argument. Be proud, not intimidated.”

The fact that many of those he was addressing may be racists, xenophobes and nativists doesn’t change the meaning of what Bannon said. The news media’s job is to report, not read minds.

I could imagine making the same kind of statement to a colleague who has been savaged as a racist on Facebook for opposing affirmative action, or attacked as a sexist for questioning #MeToo tactics, or called a “Trump apologist” (or a Bannon apologist) for demanding fair and honest treatment from the media for politicians regardless of who they are. “Be proud that they are stooping to name-calling. It means they can’t rebut you on the merits.”

Oh: Bannon also said, “History is on our side.” This really upset the “journalists,” because everyone knows that history is on their side. Continue reading

Comment Of The Day: “NOW What? The Most Discouraging News Of All”

The post a week ago regarding the depressing stats tracing black economic progress over the last 50 years deserves examination indefinitely, until some answers besides “It’s all discrimination!”  are identified and confronted. I remain puzzled that the EPI study received such paltry coverage and discussion in the mainstream media, but to be fair,  there were more important stories, like a porn star suing the President.

Chris Marschner opened the topic for focus here, starting out with one area only, home ownership. I said I would post his comment as aq Comment of the Day to prompt similar exploration by the brain-trust here. Chris starts with home ownership. Other categories African Americans still lag in: health, wages,  educational achievement, wealth, employment, and staying out of prison. As Chris says,

“Each one of these issues must be examined individually and the solutions must be integrative.”

This should be a beginning of a discourse, not the end. (I apologize to Chris for taking so long to post it.)

Here is his  Comment of the Day on the post, NOW What? The Most Discouraging News Of All

On home ownership.

I once suggested that certain select section 8 housing voucher recipients be allowed to use the subsidy to offset mortgage payments. Currently, we are transferring wealth from taxpayers to landlords. Why should existing owners of capital be subsidized? Create an approximation of a reverse mortgage in which taxpayers buy a property and the housing voucher is used to amortize the equivalent of a mortgage back to the taxpayer. In this manner we put up the money upfront and the reciepient retires a mortgage equivalent using the voucher, their contributions, and behavioral requirements not much different than what currently exists for section 8 vouchers. Over time this would increase the rate of ownership, increase vesting in all neighborhoods, and at some point the total subsidy is ended for an individual when the mortgage is fully amortized.

Establishing effective criteria regarding eligibility is key. Criteria could include:

  • Must be a married couple,
  • Children, if any must attend school regularly
  • No illicit drug use
  • Recipients must be employed, with at least one full time.

Planning and execution of such a plan requires more than I can develop here.

Comment Of The Day: “NOW What? The Most Discouraging News Of All”

As usual with her contributions, Mrs. Q  is thought-provoking and frank in her searing Comment Of The Day on the post,,NOW What? The Most Discouraging News Of All:

Far from this information being new, black conservatives for years have discussed this very topic only to be labeled traitors and Uncle Tom’s for doing so, often by white liberals. Shelby Steele, George Schuyler, Marc Lamont Hill, and many others have been outright dismissed or smeared in their attempts to get the message out that (white) liberal social policies and the welfare state are hurting blacks for more than helping. To allude to the anti-discernment, infantilizing policies of the Great Society, subsidized housing (which are often ghettos), affirmative action, welfare, etc, as potentially making things worse for minorities is to be a heretic and worse… ungrateful for all “they” have done for us.

At our local bookstore, Burgess Owens, books were shelved in the Fascism section. Yup, a black questioning communism and public assistance is apparently a straight up fascist. Is it any wonder that blacks trying to make something of themselves and encouraging others to do the same is barely heard? Look at a recent example when sports commentator Sage Steele pointed out that a protest over immigration at an airport was actually blocking immigrants from getting home. She lost her job, had her life threatened, and was called often (again mostly by white liberals) traitor. How can blacks be a part of a good conversation about self-sufficiency and public policy if any and every thing said that doesn’t tow the leftist line is traitorous? Continue reading

Morning Ethics Round-Up, 3/5/2018: An Oscar Hangover, A Panamanian Mess, An Australian Play, And A 7-11 Moment

Hello!

1 Let’s get the Oscars out of the way. I didn’t watch, choosing instead to finish streaming Netflix’s excellent “Seven Seconds.” I have skimmed the transcript and checked the reporting, however, and these items leap out..

  • On the “red carpet,” Ryan Seacrest was snubbed by the majority of the stars he tried to chat with them. Seacrest was accused of sexual harassment by his ex-personal hair stylist last year. His employer hired an independent counsel to investigate, and could not confirm her allegations, so he kept his job.Never mind: he was snubbed like a leprous skunk at a picnic anyway.

This is a flagrant Golden Rule fail. Not one of the over twenty stars who walked by him while he was trying to do his job would feel fairly treated if they had been in his position. It also is as perfect and example as there is of how the #MeToo movement is a witch hunt, not interested in facts, or fairness, just power and the ability to destroy without due process.

If I was going to watch the Oscars, the treatment of Seacrest in the pre-show would have changed my mind. These are awful people. To hell with them.

  • The disgusting and smug Jimmy Kimmel hosted, because he’s “America’s Conscience of America” despite seeking ratings by encouraging parents to be cruel to their own children for his amusement.

He began the night with a penis joke.

  • As I noted in yesterday’s Warm-Up, the Oscars are now part of the effort to divide the nation. Bigotry is good, as long as it’s trendy bigotry:

…Presenting the best director award, Emma Stone introduced the nominees as “these four men and Greta Gerwig.” Nice. Misandry is funny! (Gerwig lost. GOOD.)

Maya Rudolph assured the presumably racist white viewers, “Don’t worry, there are so many more white people to come.” Bite me, Maya.

…And, of course, “Get Out!,” the racist film that I have already written about more than it deserves, won Best Screenplay, because representing all white people as monsters is award-worthy.

  • In the past I have devoted whole posts to the Academy’s snubs in its “In Memoriam” segment, which is supposedly Hollywood’s final salute to film artists who made their final exits. At this point, I really don’t care what the Academy does, but the loved ones and fans of the snubees care, and that should matter to the Academy. Here is the complete list of omissions that at least someone has complained about. I’ve highlighted the ones who really should have been included:

Bill Paxton
Stephen Furst
Powers Boothe
Juanita Quigley
Ty Hardin
Francine York
Miguel Ferrer
Skip Homeier
Anne Jeffreys
Lola Albright
Lorna Gray
Dina Merrill
Conrad Brooks
Robert Guillaume
John Hillerman
Jim Nabors
Rose Marie
Adam West
David Ogden Stiers
Dorothy Malone
Della Reese
Dick Enberg
Tobe Hooper

The names fall into five categories. Bill Paxton is in one of his own: he was left out of the list due to a silly technicality: he died right before last year’s Oscars, so it was too late to include him in 2017, and some jerk decided that since he was a 2017 death, he couldn’t be honored this year either.  The second category is flat-out mistakes: Dorothy Malone won a Best Actress Oscar; if that isn’t enough to be listed, what is? Director Tobe Hooper was responsible for a film that revolutionized horror movies, “The Texas Chain-Saw Massacre,” and also directed “Poltergeist.” He was an important director. When two of your films launched sequels, remakes, sequels to remakes, and endless knock-offs, Hollywood should show some respect: it made millions because of Tobe Hooper.

Category 3: John Hillerman and Powers Boothe were successful and prolific film actors in some major movies, though both are remembered best for their TV work. There is no good argument for omitting them.  In the fourth category are TV actors who made a few mostly  forgettable films: West, Jeffreys, Merrill, Ferrer and Hardin. I can see the argument: they will be honored at the Emmys.

Stephen Furst deserves a category all his own. He played a memorable character in a classic, iconic film: “Flounder” in “Animal House.” That should have been enough to earn a place in the roll call.

That’s it for the 2018 Academy Awards.

Let us never speak of it again. Continue reading

NOW What? The Most Discouraging News Of All

From the Washington Post:

Fifty years after the historic Kerner Commission identified “white racism” as the key cause of “pervasive discrimination in employment, education and housing,” there has been no progress in how African-Americans fare in comparison to whites when it comes to homeownership, unemployment and incarceration, according to a report released Monday by the Economic Policy Institute.

In some cases, African-Americans are worse off today than they were before the civil rights movement culminated in laws barring housing and voter discrimination, as well as racial segregation....

Among the study’s shattering findings…

…7.5 percent of African-Americans were unemployed in 2017, compared with 6.7 percent in 1968 — still roughly twice the white unemployment rate.

…The rate of home ownership, one of the most important ways for working- and middle-class families to build wealth, has remained virtually unchanged for African-Americans in the past 50 years. Black home ownership remains just over 40 percent, trailing 30 points behind the rate for whites, who have seen modest gains during that time.

…The share of incarcerated African-Americans has nearly tripled between 1968 and 2016 — one of the largest and most depressing developments in the past 50 years, especially for black men, researchers said. African-Americans are 6.4 times as likely than whites to be jailed or imprisoned, compared with 5.4 times as likely in 1968.

…The wealth gap between white and black Americans has more than tripled in the past 50 years…The typical black family had zero wealth in 1968. Today the median net worth of white families — $171,000 — is 10 times that of black families.

After all the rhetoric, all the safety nets, The Great Society, the Civil Rights Act, nothing. After busing, 50 years of affirmative action and diversity training in employment and educational institution admissions, nothing. After an explosion in the numbers of African American House members, police commissioners, judges, lawyers, doctors, big city mayors, and governors; after home rule in the District of Columbia, after Barack Obama…no progress. After 50 years that saw attitudes on mixed race marriages, cultural representation in academia,  media and entertainment, broadcasting and sports; after Barbara Jordan, Michael Jordan, Bernie Shaw, “The Cosby Show,” Jesse Jackson, Al Sharpton, Serena Williams, Flip Wilson, Johnnie Cochran, Spike Lee, Oprah, Michael Jackson, “Hamilton,” “Scandal,” “The Butler,” “Hallelujah Baby!”, Rhianna, Beyonce, Jay-Z…how can this be possible?

Naturally, the Post article on the report’s first answer is simple: it’s racism, that’s all:

“We have not seen progress because we still have not addressed the issue of racial inequality in this country,” said John Schmitt, an economist and vice president of the Economic Policy Institute, citing the racial wealth gap and continuing racial discrimination in the labor and housing markets. “One of the key issues is the disadvantages so many African-Americans face, right from the very beginning as children.”

If that’s going to be the reflex response to this disaster, then the next 50 years will bring minimal progress as well. There is more, much more, to this multi-level failure of policy, planning, education, leadership and culture. I have mentioned before that just about 50 years ago I took an excellent course on the problems facing African-Americans in the United States. The Professor was a renowned expert in the field, Thomas Pettigrew. It was also the most depressing course I ever took. We studied how poverty and the lack of leadership and positive role models led to crime and destructive cultural norms; how this led in turn to prison and single parent, female-headed families, which encouraged single women to have children, which fed the cycle. We studied various innovative policy initiatives, and why they seemed doomed to failure. Continue reading

Saturday Afternoon (Because I Was Up At 5 AM Writing About CNN’s Unethical “Town Hall”) Ethics Warm-Up, 2/24/18: Generic Packaging Scams, Goodbye Molly, Polls, And Welcome Student Commenters!

Good Afternoon!

1 The kids are all right! Ethics Alarms has recently been graced with comments by some intrepid and articulate high school students on the guns and schools issue. I salute all of them, as well as the teachers who sent them our way. Some of the students also encountered the tough debate style and sharp rhetoric that our regulars also engage in. One of the students who found himself in a particularly spirited exchange, mostly with me, just sent me a long, self-flagellating and abject apology. My response in part..

Relax. Apology accepted, and I am grateful for it, and admire you for writing it. But you impressed me in many ways. I wish I could meet you.

When I was growing up, there was no internet. I just managed to earn as reputation as a clown, a master of sarcasm and insults, and someone who would never back down from an argument the old-fashioned way—by talking. I made a million gaffes along the way. I made an ass of myself. I hurt people. I also scared some people, but eventually I learned some boundaries. Meanwhile, the skills I acquired being a jerk sometimes have served me well, in college, in law school, in management, in theater, in ethics. (I’m still a jerk sometimes. You have to keep that edge.)

You are welcome to comment on Ethics Alarms any time, my friend. Just remember we’re all human beings, nobody hates anyone, and no mistake is final.

I do hope that any time young readers who identify themselves as such come here to argue, Ethics Alarms commenters will keep in mind that the best result, no matter what they might say while testing the waters here, is to keep them coming back.

2. Packaging designed to make you feel stupid…I’d do a whole essay on this again, but there have been a lot of “yelling at clouds” posts lately. The common practice of generics intentionally imitating the packaging of the original product they derive from is per se unethical. (I’m sure I have written about this before, but cannot find it. I know I criticized the practice of cheap kids animated videos of  stories like “Beauty and the Beast” copying the artwork and color scheme of the corresponding Disney version to fool inattentive purchasers.) My wife just got caught by a CVS scam—the company is a long-time offender—that fooled her into buying for my use an inferior knock-off of Pepcid A-C which I need because the Parkland shooting deception and agitprop is giving me ulcers. It is intentionally packaged with a red fez-shaped cap to look sufficiently like the good stuff to deceive consumers.

See?

Of course, as with the video, it isn’t exactly like the original: the shade of red is different, the cap shape isn’t quite the same, giving them plausible deniability.

There should be some kind of law or regulation to discourage this. I’m going to go into the store and complain to some nice clerk or manager, who will shrug and say she’s sorry, which is to say that, once more,  I will be yelling at clouds . Continue reading