X-Files Ethics: There Is Nothing Weird About Offering Scully One-Half Mulder’s Contract

X-Files

Gillian Anderson reported that when the producers approached the actress about reprising her co-starring role in the re-boot of “The X-Files,” she was offered only one-half of the salary that her male partner, David Duchovny, had agreed to. From the Daily Beast’s shocking account:

The work Anderson put into securing equal pay back in the ’90s seemingly came undone when it came time to negotiate pay for this year’s event series. Once again, Anderson was being offered “half” of what they would pay Duchovny.“I’m surprised that more [interviewers] haven’t brought that up because it’s the truth,” Anderson says of the pay disparity, first disclosed in the Hollywood Reporter. “Especially in this climate of women talking about the reality of [unequal pay] in this business, I think it’s important that it gets heard and voiced. It was shocking to me, given all the work that I had done in the past to get us to be paid fairly. I worked really hard toward that and finally got somewhere with it.

“Even in interviews in the last few years, people have said to me, ‘I can’t believe that happened, how did you feel about it, that is insane.’ And my response always was, ‘That was then, this is now.’ And then it happened again! I don’t even know what to say about it.”

That’s all right, Gillian. I know what to say about it. This was not unfair, disrespectful. or an example of discrimination against women in the workplace. This is called negotiation, and there is nothing unethical about it at all.

Continue reading →

From The “Ethics Isn’t Easy” Files: The FBI, Child Porn, And “Playpen”

key-computerIn order to probe “the dark web” and to apprehend those partaking of the pleasures of child pornography, the FBI emulated the illegal conduct of hackers, using a warrant to surreptitiously place malware on all computers that logged into a site called Playpen. When a user connected, the malware forced his computer to reveal its  Internet protocol address. Next a subpoena to the ISP  yielded his real name and address, and a another warrant allowed a subsequent search of the user’s home. Incriminating evidence, indictments and trials followed.

The problem of tracking computer related crime is far ahead of the law, and in the vacuum, ethical principles are being nicked, mashed, or ignored. Ahmed Ghappour, a professor at the University of California’s Hastings College of the Law, says, “It’s imperative that Congress step in to regulate exactly who and how law enforcement may hack.” If hacking is illegal, and wrong as an uncontested intrusion on privacy, when is it ethical, and thus legal, for law enforcement to do it? Continue reading →

Unethical Quote Of The Month: U.S. Senator Barbara Mikulski

mikulski

“So let’s solve the problem. Let’s not get involved in constitutional arguments, and let’s help our American people be safe and secure in their home, their neighborhood, their school and their house of worship.”

—-Senator Barbara Mikulski (D-MD) in her opening remarks ahead of a Senate Commerce, Justice, Science, and Related Agencies Subcommittee hearing, prior to testimony from Attorney General Loretta Lynch regarding the Administration’s proposed gun control measures.

Mikulski, who is mercifully retiring, has been a relentless opponent of gun rights, and if you wanted a poster child for Democrats who would ban guns in a heartbeat if they could, Mikulski’s perfect.

“Let’s solve the problem and never mind what the Constitution says” could be the motto of the Obama Administration and the Democratic Party as it is evolving. The quote is signature significance: no elected officials who take their oath of office seriously—you know, the like one taken bu U.S. Senators in which they swear to “support and defend the Constitution?—-would ever say, “Let’s not get involved in constitutional arguments…” in considering any legislative act or Presidential order, because the Constitution must be followed and respected in everything the government does.

This is the arrogant, lawless, totalitarian mindset that the hard-left progressive establishment represented by Mikulski now embodies. Why didn’t any mainstream media journalists immediately expose this? Why was it only the conservative bloggers and news sources who found her statement outrageous? And why didn’t any other Senators have the wit, integrity and sense of responsibility to lay her out for saying such a stupid, arrogant, un-American thing?

Constitutional arguments are what keep us free. Those who sneer at them like Mikulski have other plans.

Mission Accomplished: Hillary Corrupts The Human Rights Campaign

corrupted2

Hillary Clinton’s dishonest spinning of her gay rights positions received an endorsement today, as the U.S.’s largest lesbian, gay, bisexual and transgender civil rights organization chose her as its choice for President. The Human Rights Campaign’s  board of directors, made up of community leaders nationwide, voted to endorse Clinton, and said in a statement:

“All the progress we have made as a nation on LGBT equality — and all the progress we have yet to make — is at stake in November…Despite the fact that a majority of Republican and independent voters today support federal protections for LGBT Americans, the leading Republican candidates for president have threatened to halt progress as well as revoke, repeal, and overturn the gains made during President Obama’s two terms…”

This statement means, in essence, that the largest group of LGBT advocates have openly endorsed the Joy Behar approach to civic responsibility. Behar, on “The View,” you may recall, said brazenly (well, she says everything brazenly) that she’d vote for a proven rapist as long as he “voted” for issues that were important to her, a.k.a. abortion rights. Single issue voters of this low ethics threshold are irresponsible and breach their civic duties by making democracy itself incoherent and too easily manipulated—by cynical, ethics-free, power-mongers like Hillary Clinton. Are they even aware, I wonder, that openly associating a group with a candidate of proven ethical bankruptcy—even on the issue they think she embraces!–calls into question their own integrity, trustworthiness and values?

The disconnect between conservatives and LGBT Americans stems in part from a false belief that gays and other Americans of non-traditional sexuality aren’t as red, white and blue as they are. Being American means caring more about, say, the economy, unemployment, the debt, the collapse of schools, the miserable state of colleges, terrorism, racial distrust, the still burgeoning cost of health care and the welfare of your neighbors, children and fellow citizens than about narrow, single issues of special concern to you or your “tribe.”  I think this way; so do most of the LGBT people I know.  It is the ethical value of citizenship in action. Could I respect someone who found Donald Trump appropriately nauseating, knew he would be a human and cultural disaster for the nation, but supported him solely because he swore he would protect LGBT interests? No. Of course not.

This endorsement of Hillary Clinton is exactly as irresponsible. Continue reading →

Nicholas Kristof’s Dishonest, Confused, Cynical, And Astoundingly Naive Gun Control Op-Ed

Safe gun

[UPDATED: 1/18/2016]

Few anti-gun advocates have been as shrill and self-righteous as the New York Times’ columnist Nicholas Kristof, so pardon me if I find his sudden change of tone insincere. It smacks of “let’s see if this works,” but never mind: it’s a brave effort, or rather, is supposed to appear as one. Titled “Some Inconvenient Gun Facts for Liberals,” his article cites the statistics that contradict the hysterical anti-gun rhetoric coming from, for one, Barack Obama, and for another, Kristof,  before this essay. We indeed have more guns and fewer homicides, Kristof admits. Banning assault weapons has little if any effect on reducing violence, and many proposed gun control measures were based on ignorance.

So much for the faux reasonableness.  Kristof then pulls out some deceitful statistics of the sort we often hear, like this:

“Just since 1970, more Americans have died from guns than all the Americans who died in wars going back to the American Revolution (about 1.45 million vs. 1.4 million). That gun toll includes suicides, murders and accidents, and these days it amounts to 92 bodies a day.”

What an intellectually dishonest thing to write. Among those who have died were mobsters, gang members, criminals, murderers, terrorists and burglars. It includes people who would have killed themselves with pills or jumping out of windows had guns not been available. It includes accidents, and people die regularly in accidents involving ladders, bicycles slippery kitchen floors. This the epitome of a junk statistic, devised to appeal to emotion and bypass rational thought. Shame on him. He is just getting started, however.

Then Kristof goes off the reality rails, in familiar directions. Universal background checks will keep guns out of the hands of criminals, he says. No, they won’t. Who doesn’t know that?  We should keep guns out of the hands of those who “abuse alcohol,” he says, citing a study. Meaning what, exactly? It’s not illegal to drink, or to get drunk, or to be an alcoholic. Alcoholics Anonymous is, you know, anonymous, and a doctor treating someone for alcohol abuse, whatever that means,  can’t reveal that information. Does Kristof have any idea just how many Americans “abuse alcohol,” including elected officials, police officers, military personnel, artists, writers, doctors, lawyers, judges, professors, philanthropists, journalists, like about a fourth of his colleagues at the Times,  and law abiding citizens?

“That means universal background checks before somebody acquires a gun,” Kristof concludes, “that” being making guns “safer” and “universal background checks” meaning “intrusive checks that go far, far beyond anything that has ever yet been proposed yet that STILL won’t stop any criminal who wants to get a gun from getting one.” “Why empower criminals to arm themselves?” Kristof asks, plaintively. You see, Nick, criminals don’t have to be empowered, because as criminals, they empower themselves regardless of what the law tells them to do. Why this ridiculously simple concept is so elusive to people like Kristof is one of life’s enduring mysteries….unless, of course, he understands completely, and is being intentionally and dishonestly dense. To what end, you ask?

Hmmmm. Well, here’s another example:

“More than 10 percent of murders in the United States, for example, are by intimate partners. The riskiest moment is often after a violent breakup when a woman has won a restraining order against her ex. Prohibiting the subjects of those restraining orders from possessing a gun reduces these murders by 10 percent, one study found.”

And what about those restraining order subjects who already had availed themselves of their Second Amendment right to own a fire arm? What do we do about those guns?

Guess. Continue reading →

Ethics Heroes: The Orleans Public Defenders

foldersWhen is it your ethical duty to refuse to do your job? Here is one example.

The Orleans Public Defenders office finally decided to force the issue of under-funding for the defense of indigent criminals in the city, announcing last week that, as Chief Defender Derwyn Bunton warned nearly two months ago without any official response, it will begin refusing to handle serious felony cases in which defendants face lengthy or life sentences. Such cases include murder, attempted murder, forcible rape and armed robbery.

The office either needs more funding or reduced caseloads. The city must provide a lawyer for those charged who cannot afford counsel (The 6th Amendment and the Supreme Court insist) , but like almost every city in the nation, the funding for the New Orleans public defenders service is pitiful. With an inadequate staff of lawyers who must handle more cases than it is possible to defend competently, this creates both a Constitutional crisis and an ethical one.

Defense lawyers, like all lawyers, must do a competent job. The professional ethics rules require attorneys to control their workloads: Comment 2 to ABA Rule 1.3, which corresponds to the Louisiana rule, states that a lawyer’s workload “must be controlled so that each matter may be handled competently.” Most public defenders offices know that their clients’ right to representation is being compromised by under-funding, but choose to soldier on, doing the best they can. Several years ago, one office even argued that their clients had “consented” to less than competent representation, because the alternative was no representation at all.  (The court did not agree.)

The American Bar Association addressed this problem in a formal opinion, and wrote, Continue reading →

Ethical Quote Of The Week: Washington Post Columnist Ruth Marcus

Frank Costanza

“So when you hear arguments over whether Cruz can be president, don’t worry about the senator from Texas. Think instead about the little girl adopted from China, learning about civics in her second-grade classroom and being told that she can never become president of the only country she has known.”

—-Washington Post editor and op-ed pundit Ruth Marcus, concluding a column titled, “Abolish the ‘natural born citizen’ test”

I love this quote, in no small part because it provides a neat exception to the general rule that an advocate using “Think of the Children!” as an argument is usually as sign that the advocate doesn’t want us to think at all. In this case, however, it is appropriate to think of that Chinese orphan, or my Russia-born son (rather than, say, George Costanza’s Italian born father on “Seinfeld,” who ignored politics on the grounds that he felt unfairly prohibited from running for President, shouting, “They don’t want me, I don’t want them!”), as well as figures like Arnold Schwarzenegger. The requirement for Presidents to be not just citizens in good standing, but “natural born” citizens, is the epitome of a Constitutional provision that once made sense but now does not. Marcus: Continue reading →

Observations On A Nauseating Development

Ah, those were the good old days.

Ah, those were the good old days. Now we’re REALLY desperate.

Observation One: If you don’t see what’s nauseating about it, you are part of the problem. Here:

Top Obama administration  officials, including Denis McDonough, Obama’s chief of staff, Attorney General Loretta Lynch, FBI Director James Comey, Director of National Intelligence James Clapper, National Security Agency Director Michael Rogers, and White House Chief Technology Officer Megan Smith met in San Jose, California, with representatives of Twitter Inc., Apple Inc., Facebook Inc., and other Silicon Valley companies to seek ideas on how extremist content online can be identified and removed, as well as help creating alternative messages to counter terrorist recruitment methods using social media. You can be thoroughly nauseated by reading about the whole embarrassing fiasco here.

Other observations:

2. The incompetence this displays is staggering, and the apparent unawareness of the optics of incompetence is staggering:

“The gathering took place as Obama announced a new counterterrorism task force to thwart extremists and their use of social media after recent deadly attacks in Paris and San Bernardino, California. The task force will organize federal efforts into several areas, including research and analysis, technical assistance, communications, and programs to help prevent radicalization, according to the Homeland Security Department.”

Translation: “We haven’t been taking this seriously at all and were caught with our pants down, big-time. Now we have to look like we’re doing something.” Continue reading →

Comment of the Day: “Observations On Obama’s Executive Orders On Guns And The Golden Dancer Presidency”

Are smart guns...smart?

Are smart guns…smart?

 J. E. Houghton illuminates one of President Obama’s wish list items for gun safety—fascinating. Here is his Comment of the Day on the post, “Observations On Obama’s Executive Orders On Guns And The Golden Dancer Presidency” :

I would like to offer an observation concerning one of President Obama’s executive order policies: To direct federal agencies to promote “smart gun” technology through the procurement power of the Federal government. The President compares guns to smart phones and asks why we can’t use the same modern technology to limit access and use of guns like we do with smart phones. (Vice President Biden’s post-Sandy Hook commission came up with a similar recommendation.)

This may sound like a good idea to some, mostly people who have no knowledge of guns and do not depend on guns for their own personal safety, national defense or homeland security.

Continue reading →

Observations On Obama’s Executive Orders On Guns And The Golden Dancer Presidency

Rocking Horse

Before I begin, here are the orders, which almost none of the news media are explaining or in most cases, even mentioning. The list is from Forbes:

Gun Violence Reduction Executive Actions:

1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.

2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background check system.

3. Improve incentives for states to share information with the background check system.

4. Direct the Attorney General to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.

5. Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun.

6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.

7. Launch a national safe and responsible gun ownership campaign.

8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).

9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.

10. Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.

11. Nominate an ATF director.

12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.

13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.

14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.

15. Direct the Attorney General to issue a report on the availability and most effective use of new gun safety technologies and challenge the private sector to developinnovative technologies.

16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.

17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.

18. Provide incentives for schools to hire school resource officers.

19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.

20. Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.

21. Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges.

22. Commit to finalizing mental health parity regulations.

23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.

Observations:

1. I want to get this out of the way first, because it annoys me even more than other things connected with the announcement and its coverage. Jeb Bush was ready for the Obama orders with a signed op-ed titled, “Barack Obama’s executive orders trample on the Second Amendment.” Trample? They barely nick it. Maybe the orders infringe on the Amendment’s personal space. Bush wrote (or, more likely, had someone write for him) the essay before Obama’s measures were known. It’s obvious: Bush never mentions any of them. This is exactly the sort of idiocy from gun rights supporters that Obama, Democrats and anti-gun zealots are counting on, so they can say—with justification!—“See? Republicans don’t want to do anything to make us safer! They oppose measures before they even know what they are! How can anyone expect the President to work with these people?”

Jeb is an embarrassment, especially to himself. He should do everyone a favor and get out of the race.

2. Nicely timed to the orders is an excellent article in Reason called  “You Know Less Than You Think About Guns: The misleading uses, flagrant abuses, and shoddy statistics of social science about gun violence.” It would be nice, even responsible, if those clapping their hands like trained seals to Obama’s cynical grandstanding here actually read it.  A brief highlight: Continue reading →