Sports

Law vs. Ethics: A Snatched Bar Mitzvah Gift, A Leaky AG, An Embarrassing Scoreboard, and”OINK”

/ Jack Marshall / 19 Comments

Oink

I try to keep my legal ethics seminars up-to-the-minute, so while preparing for yesterday’s session with the Appellate Section of the Indiana Bar, I came across a bunch of entertaining stories in which the ethics were a lot clearer than the law, or vice-versa. All of them could and perhaps should sustain separate posts; indeed, I could probably devote the blog entirely to such cases.

Here are my four favorites from the past week’s legal news, involving a mother-son lawsuit, a brazenly unethical attorney general, a college scoreboard named after a crook, and police officer’s sense of humor: Continue reading →

Unethical Quote of the Month: NFL Hall of Famer Chris Carter

/ Jack Marshall / 11 Comments
You tell it like it is, Chris!

You tell it like it is, Chris!

“Y’all not all going to do the right stuff, I got to teach y’all how to get around all this stuff, too. If you going to have a crew, one of those fools got to know he’s going to jail. We’ll get him out. If you going to have a crew, make sure they understand can’t nothing happen to you. Your name can’t be in lights, under no circumstances…In case y’all not going to decide to do the right thing, if y’all got a crew, you got to have a fall guy in the crew.” 

—NFL Hall of Famer Chris Carter, speaking to first year NFL players in a 2014 league-sponsored rookie symposium to help them “adapt to professional football.” His advice was then echoed by fellow Hall of Famer Warren Sapp.

That the NFL’s retired role models and immortals were–Have been? Still are?—giving out such toxic and unethical “wisdom” under the league’s auspices went unnoticed until a recently retired player,the 49ers’ Chris Borland who quit after just one season because he feared brain damage, referenced Carter’s speech on ESPN. Not only did the NFL’s speakers instruct its rookies to make sure they have a designated “fall guy” if they decide to break the law, it had Carter’s speech on its website all this time.

Now it’s all about damage control, of course. ESPN, which currently employs this ethics-challenged “sportsman” as an analyst, said in a statement… Continue reading →

Baylor, The Rapist, And The King’s Pass

/ Jack Marshall / 27 Comments

crownThe King’s Pass is among the most corrosive of the many unethical rationalizations. Also known as “The Star Syndrome,” this conduct and this sensibility rots organizations, large and small, public and private. It destroys trust and undermines loyalty and performance. The rationalization, which essentially holds that the enforcement of laws, rules and policies should be withheld against the most powerful, the most popular, the most accomplished and the most productive members of an organization on the theory that they are too valuable to lose, is essentially un-American, defying the national principle that all are created equal, and that the laws apply with equal force to everyone, large and small. The King’s Pass isn’t driven by ethics, but by non-ethical considerations overcoming ethics. An organization that jettisons a star will often suffer itself. Management may be criticized, and the sports team, the institution, company, government agency—or nation— that loses its star might suffer substantially with the removal of a significant asset. Yet not insisting on accountability from a misbehaving or even corrupt “star” will have far worse consequences over time.

Sam Ukwuachu, a former freshman All-American at Boise State University before transferring to play football at Baylor University, was convicted this week of sexually assaulting a former Baylor soccer player in 2013. Jurors in Waco’s 54th State District Court found the 22-year-old Baylor defensive end guilty of one count of sexual assault, but it was the revelation of Baylor’s cover-up that ought to resonate.
Continue reading →

Ethics Dunces: The National Baseball Congress

/ Jack Marshall / 62 Comments
Kaiser Carlile

Kaiser Carlile

Shortly before my father died, and a little more than a year before she did, my mother made a series of jaw-dropping statements in a conversation with me and Dad. “You mean to tell me that I could wake up one morning, feeling fine, and then just drop dead later that same day?”

My father actually did a Danny Thomas spit-take with his coke.

“What??” said my father, who saw this occur to a lot of people during the war. “Of course! We’re over 80! It can happen any second! It always can happen any second! People die, every day, for no reason, suddenly, stupidly all the time!”

“Well, I just refuse to accept that!” said my mother, who really did think that she had a right to live forever.

For some reason Mom came to mind when I read that the National Baseball Congress had decided that it will not use bat boys or bat girls for the remainder of its World Series games in Wichita following the death of 9-year-old Kaiser Carlile.  The bat boy for the Liberal (Kansas) Bee Jays died Sunday, a day after a freak accident in which the boy was struck in the head by the swing of a player warming up near the on-deck circle. Though he was wearing a helmet and was immediately treated by home plate umpire Mark Goldfeder, a paramedic, the injuries inflicted by the bat proved fatal.
Continue reading →

So Caitlyn Jenner BOUGHT Her ESPN Arthur Ashe Courage Award From Disney: What Does It Mean, And Why Is Anyone Surprised?

/ Jack Marshall / 26 Comments
Arthur Ashe was too good for you, Cait...

Arthur Ashe was too good for you, Cait…

I should have already given ESPN an Ethics Dunce for designating an “Espy,” an award given by the cable sports channel to justify having an awards show—to Caitlyn Jenner for the courageous sports achievement of being an aging reality show star who once won an Olympics event and decided that he was now a she.  Why I didn’t, I don’t recall. I think my reasoning was that since the awards are just a PR gimmick anyway, it wasn’t worth the post.  I wasn’t paying attention: I did not sufficiently focus on the fact that “Espy”she would receive was named after Arthur Ashe. I did already discuss  the ethical problems with turning Jenner into a trans icon, since her transition seemed to be in part a money-driven career move. Now, following Jenner’s tearful and touching acceptance of “the Arthur Ashe Courage Award” on TV, we learn this:

“Reports have emerged that Jenner’s team approached ESPN with the idea that she win the Arthur Ashe Courage Award just as details were being finalized for her 20/20 interview with Diane Sawyer on ABC. ABC and ESPN are both owned by Disney, and ABC aired Wednesday’s awards ceremony. “It was a brilliant move because the executives at ESPN loved the idea, and immediately began making sure it got done,” a source familiar with the negotiations told RadarOnline.The talks hit a stumbling block, and Jenner’s agents were reportedly prepared to pull out of the interview with Sawyer. “It was ironed out, and ABC owns one of the biggest stories of the year.” The build up to Jenner accepting the award will be featured in her upcoming reality show, “I am Cait”, generating a great deal of publicity for both ESPN and the awards.”

Wow! Who could have seen that coming—a reality show star, who has been part of the shameless and venal Kardashian family, cynically manipulating the media and gaining phony recognition on a nationally broadcast awards show…and, in the bargain, debasing the name of a real sports hero, the dignified, sportsmanlike, role model Arthur Ashe, an African American champion in the white man’s game of tennis who helped make Serena Williams’ prominence possible!

Yecchh. In fact, that’s a double yecchh at least.

Yecchh. Yecchh.

What does this mean? To begin with, it means that Jenner bought her award. I don’t want to read any Clintonian deceit about how this isn’t technically true….she bought it. There is no reason to believe ESPN would have given the award to Jenner had her agents not suggested it, and ESPN’s parent received value that translated directly into profits with the exclusive, high-rated ABC interview with Sawyer. Jenner might as well have slipped ABC a couple of million in a big valise  under the table. This was a bribe. This was an award bought and paid for.

What does that mean?
 Continue reading →

Baseball All-Star Game Ethics Musings: Taking Confirmation Bias Out Of Appeal Plays, and More

/ Jack Marshall / 18 Comments

Max-Scherzer

Some baseball ethics musings on the night of the All-Star Game:

1. Why is MLB going ahead with letting Pete Rose take a bow at the All-Star Game? This made sense–barely–when it was announced, since Pete is a hometown hero despite being a rest-of-the-world slime-ball. But after that announcement, it was revealed that Rose had bet on baseball as a player, thus rendering all of his statements to the contrary the lies they were. He should have been banned from the game just to make sure this latest revelation of his sliminess adds something to his punishment.

2. The best ethics controversy of the 2015 season’s first half? This: Washington National pitcher Max Scherzer was one strike away from a perfect game, leading  the Pirates in a 6-0 win, but hit Jose Tabata with a pitch to make it “only” an-hitter. A perfect game is 27 consecutive, outs, and the most difficult feat in baseball. Tabata had fouled off four pitches, before he  was hit on the elbow. Many believed that he that Tabata allowed the ball to hit him intentionally, just to wreck the masterpiece. This violates one of the “unwritten rules” of baseball, which are ethics rules. After all, any perfect game could be ruined the same way, and the pitcher is powerless to stop it. This is correctly deemed to be unfair to the pitcher, the fans, and the game.

Real rules also are involved. A batter hit by a pitch is supposed to be awarded first base only if he attempts to avoid a pitch or doesn’t have an opportunity to avoid it. If the ball is in the strike zone when it hits the batter, it should be called a strike, according to the Rule Book:  “If the ball is outside the strike zone when it touches the batter, it shall be called a ball if he makes no attempt to avoid being touched.” (Rule 6.08(b).)

Thus  home plate umpire Mike Muchlinski could have awarded Tabata a ball to make it a 3-2 count if he felt Tabata should have gotten out of the way.

Seven points:
Continue reading →

More All-Star Vote Cheating: A Lesson In How Corruption Spreads

/ Jack Marshall / 10 Comments

KC-Royals-logo

Using computer technology to exceed the voting limitations of Major League Baseballs (sloppy, naive, badly-conceived) on-line voting rules to elect the American and National League All-Star teams, some Kansas City hackers managed to flood the virtual ballot box with enough votes to elect four Royals players to the squad (after a brief, frightening period when it looked like they would elect eight). Two of the starting Royal All-Stars, shortstop Alcides Escobar and catcher Salvador Perez, are clearly bogus victors who owe their slots and bonus provisions to the cheating ways of a couple of computer savvy fans—or, perhaps, a couple of assholes who distorted the vote, weakened the team, lessened the quality of the game and forced deserving players off the team because they could, to puff up their little pigeon chests with hacker pride.

Every year, MLB hold a supplemental election to let the fans choose among five candidates in each league who have impressive records but haven’t made the All-Star squad. That one is online only, and unlike the main vote, there are no limits to voting. With typical sensitivity (I don’t think the MLB’s leadership could define what cheating is with a gun at their heads), the brass ignored the obvious fact that someone in Kansas City was making a travesty out of the process, and paved the way for him/them/it to do it again. Sure enough, the one Royal on the list of candidates for the final slot, 3rd baseman Mike Moustakas, is leading the early returns. There are already six Royals on the team, not counting the manager, Ned Yost. Of course, MLB could have avoided this obvious problem by leaving Royals off the American League’s final five. Naaaa. That would make sense. Continue reading →

De’Andre Johnson Ethics Quiz: Is It Ever Ethical For A Male Athlete To Punch A Woman?

/ Jack Marshall / 115 Comments

deandre

Nineteen year-old De’Andre Johnson was kicked off the Florida State team after “The Tallahassee Democrat” obtained a video showing Johnson punching a young woman in the face in an altercation at a bar in June. He has also been charged with battery. Johnson’s lawyer says that woman was taunting him with racial epithets and hit him twice before he punched her.

Lawyer Jose Baez told NBC News that Johnson “tried to deescalate the situation” but the woman “kneed him in the groin area” and “took another swing before he retaliated.”  “It wasn’t until she struck him twice that he reacted,” Baez said. “But he is very regretful that he didn’t turn around and walk away immediately.” Baez added, however that his client “makes no excuses for what happened.”

The video above does not seem to support Johnson’s defense, but never mind.  After the Ray Rice episode, no football player who lays a hand on a woman in anger will be able to avoid severe punishment. All athletes, and football players particularly, are on notice that as far as hitting women goes, it is strict liability unless the men’s lives are in danger, and maybe not even then.

But hypothetically, I’m curious. Racial epithets are fighting words. If a black athlete punched a white man, even a much smaller white man, after racial abuse and a knee to the groin, there would probably be no charges filed, and not much criticism either. How different, if different at all, should the ethical judgement be if the individual engaging in the abuse is a woman? What if she shows no signs of stopping unless she is physically stopped? What if she looks like this…

Gina Davis

 

Or. say, THIS…

Katka2

Or even this…

hope-solo

Hope is over six feet tall, you’ll recall and is rumored to have a penchant for striking people off the athletic field.

Thus your Ethics Alarms Ethics Quiz of the Day is this:

Is it always unethical for  any male athlete to punch any woman in a situation not involving the male’s mortal peril?

ADDENDUM…lest we forget: what if the woman is this former Olympic medal winner…

caitlyn-jenner

?

 

More Obama Administration Abuse of Power In The Service of Political Correctness

/ Jack Marshall / 20 Comments

 redskins

From the Washington Post:

Efforts to lure the Washington Redskins back to the District have come up against a potentially insurmountable challenge: the Obama administration’s objections to the team’s name.Interior Secretary Sally Jewell told D.C. Mayor Muriel E. Bowser this spring that the National Park Service, which owns the land beneath Robert F. Kennedy Memorial Stadium, was unlikely to accommodate construction of a new stadium for the Redskins unless the team changes its name.

Jewell oversees both national park land and America’s trust and treaty relationships with Native American tribes.Her decision not to extend the District’s lease of the RFK land badly hinders Bowser’s bid to return the Redskins to D.C. — and boosts efforts to lure the team across the Potomac to Northern Virginia.

It is also a blatant abuse of government power and an  insult to the spirit and intent of the First Amendment of the Bill of Rights. Continue reading →

Kansas City’s All-Star Game Cheat, And Why It Matters

/ Jack Marshall / 29 Comments

May 22, 2015; Kansas City, MO, USA; Kansas City Royals second basemen Omar Infante (14) attempts a throw to first over St. Louis Cardinals base runner Peter Bourjos (8) during the seventh inning at Kauffman Stadium. Mandatory Credit: Peter G. Aiken-USA TODAY Sports

Another example of how the acceptance of cheating is seeping into American culture is being played out in the Major League All-Star Game voting. The American League squad supposedly elected by “fans,” will be announced tomorrow, and what the results will show is…

…that Major League Baseball, like the federal Office of Personnel Management, depended on technology with out comprehending technology, displaying unethical incompetence and harming those who had no choice but to trust it,

…that technologically adept computer dorks decided to rig the vote, harming the game, the sport, and deserving players, and

…that Major League Baseball is pretending there is no problem to minimize PR damage, its proven disastrous approach in other cheating scandals, such as the steroid infestation of the ’90s.

The ineptitude of the sport here is beyond belief, especially since this has happened before. Continue reading →