2021: Memorial Day Weekend Edition

May 28, 2021May 28, 2021 / Jack Marshall / 4 Comments

Jack Marshall Sr Army portrait

I’ll be visiting the Major (and Mom) at Arlington National Cemetery this weekend.

1. Well, let’s start the morning and end the week with evidence of progress…Mickey Callaway, the former manager of the New York Mets and recently fired pitching coach of the California Angels, has seen his baseball career implode because of what appears to be a habit of harrassing women in his workplace, which is Major League Baseball. Callaway, who has been banned from the game at least through 2022 after an investigation of the complaints made by more than five women, released a statement that is as close to a Level One apology on the Ethics Alarms Apology Scale as one is likely to see. That’s this one:

“An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.“

Here’s Callaway’s version:

“My family and I fully support MLB’s strong stance against harassment and discrimination and are grateful to the Commissioner and his office for their thorough investigation. I apologize to the women who shared with investigators any interaction that made them feel uncomfortable. To be clear, I never intended to make anyone feel this way and didn’t understand that these interactions might do that or violate MLB policies. However, those are my own blind spots, and I take responsibility for the consequences.In my 25 years in professional baseball I have never taken for granted the privilege of being even a small part of this great game of ours. To say I regret my past poor choices would be an understatement. I remain hopeful that I can return to baseball when eligible at the conclusion of next season, but for now, I plan to work on my own shortcomings and repairing any damage I have caused with my colleagues and, particularly, my family.”

Joe Biden could have made that exact apology, without the baseball reference, of course. He never had to.

2. Incompetent question, perfect answer:

Monica tweet

Those are eye-roll emojis. Monica also gets points for brevity. She just missed tying author Victor Hugo for the record for shortest published message, in his case, a telegram to his publisher regarding the fate of his submitted manuscript for “Les Miserables.” Hugo wrote “?“. The publisher replied, “!“.

I won’t even take away ethics points from Monica for pandering to the Worst of the Woke by listing her preferred pronouns.

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PM Ethics Medley, 5/26/2021: It’s A Strange, Strange World

May 26, 2021May 26, 2021 / Jack Marshall / 5 Comments

1. Priorities! Major League Baseball has placed Angels pitching coach Mickey Callaway on its ineligible list through at least the 2022 season, MLB commissioner Rob Manfred announced. The league made the decision after investigating Callaway for sexual sexual harassment allegations reaching back several years, with several female sporstwriters among the alelged victims. The Angels fired Callaway this afternoon. Opines a major baseball news site: “Callaway is facing a year-plus ban, and it seems hard to believe any MLB team will hire him when he’s eligible to return.”

Hmmmm…

Alex Cora was suspended and fired as manager by the Boston Red Sox after a one-year suspension, then immediately hired back by the team. All he did was play a major role in devising a cheating scheme for one team, the Houston Astros, that extended through the play-offs and World Series, then oversaw a second team, Boston, that was found to have engaged in cheating, though less extensively, the next season. Cora’s cheating scheme with Astros was unprecedented, and cost two other professionals their jobs and the Astros millions in fines,while seriously scarring the integrity of the game. The conduct Callaway engaged in has been routine among professional athletes for decades, though in his case it was apparently 1) a bit more extreme than the norm and 2) “unwelcome.” After all, he was just a coach. So far, nobody has accused a player making more than $10 million a year of making sexual advances that were “unwelcome.’

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Dear Hawaii: Aloha! You Can Be A State, Or You Can Be A Country. Pick One.

May 22, 2021May 22, 2021 / Jack Marshall / 13 Comments

Surfer Hawaii

This was news to me: in the World Surf League and in international surfing competitions generally, surfers from Hawaii can represent island, or the United States. If they represent Hawaii, they are not regarded as representing the U.S.

Surfing will be an event in the Summer Olympics in Tokyo, and the option of just representing Hawaii will disappear. Hawaiian surfers will represent the United States, since, after all, Hawaii is a state. This, believe it or not, is causing outrage and consternation in the Aloha State. Two of the four Americans on the team, John John Florence (above) and the four-time world champion Carissa Moore, were born and raised in Hawaii and are accustomed to competing under the state flag. Moore is doing so again this month as the global tour holds major events in Australia.

Across the islands, on cars and on porches, Hawaii flags fly upside down, signifying distress. “Hawaii has had so much erased history,” said Duane DeSoto, the 2010 longboard world champion, told the New York Times. “Surfing prevailed against the possible suppression into oblivion. It endured the challenge of being exterminated at one time. And now it needs to be a source of Hawaiian pride.” Another surfer said, “In surfing culture worldwide, everybody looks at Hawaiian surfing as different. Even California surfers look at Hawaii different. But the Olympics see us as the same.”

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Baseball Ethics Notes, Because I Know Baseball And I Know Ethics, And If You’re Not Interested, You Don’t Have To Read it

May 20, 2021May 20, 2021 / Jack Marshall / 10 Comments

Pillar

1. As predicted, Major League Baseball announced that Twins reliever Tyler Duffey has been suspended for three games and fined an undisclosed amount for “intentionally throwing a pitch behind Yermín Mercedes of the Chicago White Sox during the top of the seventh inning of Tuesday night’s game at Target Field.” Minnesota manager Rocco Baldelli was suspended for one game and fined for the incident. This all came out of the weird “unwritten rules” incident I wrote about here. Throwing at or near a player who breached an “unwritten rule” was how such rules were once enforced, and umpires allowed it. Now throwing at players deliberately is treated as the dangerous practice it always was, as the game was reminded of this week when Mets outfielder Kevin Pillar (above) was hit in the face by a fastball. Beanballs were once considered part of the game, and in fact an essential tool of the successful pitcher, and long before batters wore helmets.

2. Still more on the Mercedes incident: White Sox manager Tony LaRussa, who has been generally ridiculed for his insistence that his player should not have hit a home run on a softball league pitch when his team was ahead by 11 runs, keeps insisting that he is right and everyone else is wrong. “If you’re going to tell me that sportsmanship and respect for the game of baseball and respect for your opponent is not an important priority, then I can’t disagree with you more . . . Do you think you need more [runs] to win, you keep pushing. If you think you have enough, respect the game and opposition. Sportsmanship,” he told reporters. Well, in baseball, you never know how much you need to win. Eleven is pretty tough, but the Boston Red Sox scored 17 runs in one inning against the Detroit Tigers on June 18, 1953. You never know. It’s also sportsmanship not to cheat the fans by trying to pitch or hit as well as possible, every time, all the time. That means bad sportsmanship includes a team letting a position player pitch, which is the equivalent of a white flag. That’s how this whole thing started.

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Morning Ethics Warm-Up, 5/20/21: Happy Birthday, John Stuart Mill!

May 20, 2021 / Jack Marshall / 21 Comments

Mill

John Stuart Mill (1806–73), was born on May 20, not merely the most important figure in ethics to have a connection to this day, but also the most important human being born on this day in the history of civilization—yes, even more than Cher, who turns 75 today. Mill’s refined the concept of liberty that required the freedom of the individual in opposition to state control. He was the most influential proponent of utilitarianism, the crucial ethical theory developed by Jeremy Bentham. He helped reform scientific inquiry and research, recognizing the pervasive risks of confirmation bias, by clearly explaining the premises of falsifiability as the key component in the scientific method.

Mill was also a Member of Parliament and a towering figure in liberal political philosophy. You have certainly heard or read his most famous quote: “A society that will trade a little liberty for a little order will lose both, and deserve neither.”

A thorough biography and analysis of his work is here.

1. Justice Breyer doesn’t care about making sure the Supreme Court doesn’t get more conservative. Good. That’s not his job. Democrats realize that their control of the Senate is hanging by a thread, “thread” defined as a few superannuated Senators who could drop dead any second, giving the GOP a majority. Thus they are increasingly pushing Justice Stephen G. Breyer, 82, to retire now so Joe Biden can name an appropriately liberal replacement (who will also have to be female and black, vastly limiting the pool of possible choices without concern for actual legal competence.) “Breyer’s best chance at protecting his legacy and impact on the law is to resign now, clearing the way for a younger justice who shares his judicial outlook,” wrote Erwin Chemerinsky, the hyper-partisan dean of the law school at the University of California, Berkeley in The Washington Post this month. Got that? The 80+year-old Democratic Senators have to hold on to their jobs like grim death, but Breyer is being lobbied to retire. Hypocrisy, they name is Democrat! But it isn’t Breyer:

The Justice has been particularly vocal about the importance of not allowing politics to influence judges’ work, including their decisions about when to retire. “My experience of more than 30 years as a judge has shown me that, once men and women take the judicial oath, they take the oath to heart,” he said last month in a lecture at Harvard Law School. “They are loyal to the rule of law, not to the political party that helped to secure their appointment….If the public sees judges as politicians in robes, its confidence in the courts, and in the rule of law itself, can only diminish, diminishing the court’s power.”

I wonder if he’s read (or seen) “The Pelican Brief”…Meanwhile, research suggest that retirement tends to kill Supreme Court Justices. A paper in The Journal of Demography studied the effects of retirement by Supreme Court justices on their future longevity, and found that the effect of retirement was about the same as smoking two packs of cigarettes a day. The Democrats don’t care if Breyer dies sooner than later, though, as long as he does it when they can pick his successor, or after he’s quit.

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From The Ethics Alarms Mailbag: “Are Unwritten Rules Unethical?”

May 19, 2021May 19, 2021 / Jack Marshall / 7 Comments

unwritten rules

The short answer is “No,” but the context of the question is fascinating, because it’s an example of the problem with unwritten rules generally. Unwritten rules are cultural norms, that’s all, and all cultures have them. They serve as manners, social balms and traditions that fill in the inevitable gaps and loopholes that formal, written rules inevitably leave uncovered. But cultures evolve, and extreme situations create exemptions where cultural norms no longer make sense.

No culture has more so-called unwritten rules than baseball, and this situation from two days ago triggered the question.

With the Chicago White Sox, currently with the best record in baseball, were ahead of the pathetic Minnesots Twins 15-4. The Twins, not wanting to waste a real pitcher on a blwo-out, turned to utility infielder Willians Astudillo to face the ChiSox in the final inning. Throwing a the classic “nothing ball” that most non-pitchers bring to the mound in such situations, Astudillo retired the first two batters but fell behind 3-0 to White Sox catcher Yermin Mercedes. On the next pitch, a lob to get the ball over the plate, Mercedes swung away blasted the 47 mph toss out of the ball parkfor a 16-4 lead.

The Twins broadcasters and many of the Twins players were offended, saying that Mercedes had breached the unwritten rule that says players shouldn’t try to “show up” the losing team in a rout. You don’t steal bases, you don’t sacrifice, and you don’t swing away at an “eephus pitch” to get a cheap home run. It’s essentially a Golden Rule based unwritten rule, though when it applies is a matter of dispute. Baseball teams have made up some very large deficits through the decades: a win is never a sure thing no matter what the score. Eleven runs, however, is certainly a big enough gap to make the rule relevant: the odds against a comeback are astronomical.

On the other hand, players are paid according to their statistics. Mercedes’ homer off of a non-pitcher will look the same in the record books as if Jacob DeGrom had thrown the ball.

But wait…there’s more! In the next game, an eventual 5-4 Minnesota win,Twins manager Rocco Baldelli andT wins reliever Tyler Duffey were ejected (they will also be fined and suspended) after Duffey threw a fastball behind Mercedes in retaliation for the “unwritten rule” breach. Baldelli, following the usual script, swore that the pitch was an accident, and that it was just a coincidence that his reliever scared the hell out of the same player who hit the controversial home run the previous night.

Then White Sox manager Tony La Russa announced that he agreed with the Twins throwing at his player, because Mercedes had broken an unwritten rule! This, in turn, was also an unwritten rule. Managers must not criticize their own players in public, and never, ever endorse the opposing team throwing at one of them. (I’ve never heard of any manager doing this.)

The White Sox did not take LaRussa’s violation well. Chicago pitcher Lance Lynn tweeted, “If a position player is on the mound, there are no rules. Let’s get the damn game over with. And if you have a problem with whatever happened, then put a pitcher out there.”

Exactly.

Unwritten rules are ethical if:

Everybody knows what they are
They have a legitimate purpose
It is understood that as there are always exceptions where written rules don’t apply, there are exceptions where unwritten rules don’t apply,
Everyone pays attention to the evolving nature of the culture involved, and
It is understood that unwritten rules exist to make a culture more reasonable and rational. If an unwritten rule doesn’t accomplish that, then the rule should be revoked.

___________________________

Pointer: JutGory

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The Latest Kentucky Derby Doping Scandal Should End Horse Racing…Let’s Hope It Does

May 10, 2021May 10, 2021 / Jack Marshall / 9 Comments

Derby cheat

Kentucky Derby winner Medina Spirit failed a postrace drug test, and if the results stand, his victory will be nullified. The horse’s Hall-of-Fame trainer Bob Baffert revealed the test results yesterday. The three-year-old colt tested positive for elevated levels of betamethasone, an anti-inflammatory corticosteroid and sometimes used to relieve joint pain in horses. Medina Spirit’s post-race test revealed 21 picograms per milliliter, which is more than double the allowed limit in Kentucky racing.

If the original results are confirmed, Baffert will have a chance to appeal. Meanwhile, Churchill Downs suspended” Baffert “from entering any horses at Churchill Downs Racetrack.”

While the Derby’s winner is under suspicion, the second “jewel” in racing’s Triple Crown, The Preakness, takes place in five days. Medina Spirit will run, even as his legitimacy as Kentucky Derby is in doubt.

The Kentucky Derby is the only horse race most Americans know anything about or pay attention to: a cheating scandal in the Derby is racing’s equivalent of baseball’s 1919 fixed World Series. The difference is that baseball was on the ascendant in 1919, while horse racing today is is barely hanging on by its hooves. Moreover, drugging in horse racing has been epidemic for decades.

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No-Hitter Ethics!

May 6, 2021 / Jack Marshall / 30 Comments

Hope

You see, this is why I am a lifetime underachiever. Here I am, desperately preparing for a challenging 3-hour seminar, and when Jutgory sends me a story about a controversy over what should count as a “perfect game” in baseball, I can’t think of anything else. Baseball and ethics. The combination gets me every time! So I am writing a post instead of doing my job. Pathetic.

For some reason, 2021 has been a big year for no-hitter definition categories. About ten days ago, Arizona Diamondbacks left-hander Madison Bumgarner threw seven hitless innings against the Atlanta Braves, winning 7-0. However,the game was part of a doubleheader, and this year, as in the 2020 season, twinbills consist of two 7 inning games. Bumgarner’s gem does not officially count as a no-hitter, because MLB declared many years ago that an official no-hitter must be nine innings, a shutout, a victory, and a complete game. This eliminated no-hitters that had been shortened because of rain but were still official games, and the strange games where a pitcher gave up a run or more because of errors or walks. It also wiped out one of the most famous no-hitters of all time.

Harvey Haddix of the Pittsburgh Piratesgave up no hits, walks or baserunners for 12 innings against the Milwaukee Braves on May 26, 1959 in a 0-0 extra-inning tie. He retired 36 consecutive consecutive batters until an error in the 13th ended the perfect game bid, then he gave up a hit, and eventually a run and the game. It was one of the greatest pitching performances of all time, but did not count, sayeth the rule-makers, as a perfect game or a no-hitter.

Not giving Baumgarner credit for a “no-no,” as no-hitters are called by their close friends, seems very unfair. The game was official and not shortened by the elements. He did everything he could do: it wasn’t his fault MLB is lazy and incompetent and decided to allow kiddie rule 7-inning games this season. (The excuse was, as with much that is outrageous, the pandemic.) I am quite sure that baseball didn’t think through such possibilities as a double-header no-hitter, and was stuck with a rule that really shouldn’t have applied.

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May The Fourth Ethics Warm-Up: The Derby, Booing Mitt, And Other Pastimes…

May 4, 2021 / Jack Marshall / 37 Comments

Besides the terrible pun, May the 4th has great ethical significance in U.S. history. The children of the Sixties have the date seared into their memories as the 1970 tipping point in the Vietnam war protests. Twenty-eight young and badly trained National Guardsmen fired their weapons at a group of anti-war demonstrators on the Kent State University campus. Four students were killed, eight were wounded, and one was permanently paralyzed. The tragedy didn’t make the war any more or less wrong, but it massively shifted sympathies to students, protesters, and the one-time punchline of the previous few years, hippies. Future U.S. activists learned the lesson of Kent State well: if you can goad the opposition into violence, it is a victory for the cause, just and reasonable or not. This makes no sense, of course, other than being the ideal use of the cognitive dissonance scale

But Kent State doesn’t came close to the impact of the Haymarket Square Riot in Chicago, Illinois on this date in 1886. A bomb was thrown at a squad of police attempting to break up a peaceful labor rally that was getting rowdy. The police responded to the bomb by wildly shooting into the crowd, killing more than a dozen people and injuring hundreds. The episode had wide-reaching effects in labor, law and politics, galvanizing the union movement, leading to great political courage by some politicians (like Illinois Governor John Peter Altgeld, who pardoned three arrested activists who hadn’t been executed or died in 1893) and craven expediency by others.

The episode was also the major catalyst in bring a small-time lawyer named Clarence Darrow to Chicago, and inspiring him to be a labor lawyer.

1. More on Brandon Mitchell, the Chauvin juror who couldn’t keep his mouth shut. The photo of Mitchell wearing a Black Lives Matter T-shirt at a protest in Washington D.C. last August…

…has some legal experts…and me…wondering if the chances of the Chauvin verdict being overturned just got a whole lot better. “I’d never been to D.C.,” Mitchell humina-huminaed about his reasons for attending the event. “The opportunity to go to D.C., the opportunity to be around thousands and thousands of Black people; I just thought it was a good opportunity to be a part of something.”

Part of what, exactly, sir?

Brandon also says he doesn’t recall wearing such a shirt. That’s not encouraging regarding his honesty, is it?

Meanwhile, in the story about the latest development in the George Floyd Ethics Train Wreck, the AP writes,

A photo, posted on social media, shows Brandon Mitchell, who is Black, attending the Aug. 28 event to commemorate Martin Luther King Jr.’s “I Have a Dream” speech during the 1963 March on Washington. Floyd’s brother and sister, Philonise and Bridgett Floyd, and relatives of others who have been shot by police addressed the crowd.

Others who have been shot by the police? Floyd was shot too? I did not know that!

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Was it ethical to fire him?

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