The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 4 of 4)

mamoru-samuragochi2

Outrageous Hoax Of The Year

Mamoru Samuragochi, the composer sometimes known as “The Japanese Beethoven” because he composed critically acclaimed works despite being deaf, was exposed as double fraud: he didn’t compose the works that made him Japan’s most popular classical composer, and he isn’t even really deaf!  Samuragochi hired a musical ghostwriter named Takashi Niigaki to compose more than twenty compositions for Samuragochi since 1996.

Funniest Outrageous Hoax

Fake Panda

This.

Unethical Artist Of The Year

Performance artist Maximo Caminero, who  walked into the Pérez Art Museum in Miami, entered a special exhibit of sixteen ancient Chinese vases painted over in bright colors by celebrated Chinese dissident artist Ai Weiwei, picked up one of them, and immediately after a security guard instructed him not to touch the exhibit, allowed the vase to fall from his hands, shattering into bits. Caminero admitted that smashing the pottery, which was valued at a million dollars,  was intentional, and was his protest against in support of local artists like himself whose work is not exhibited at the museum while the art of international artists like Weiwei is.

Unethical Veterinarian Of The Year

Fort Worth, Texas veterinarian Lou Tierce lost his license for five years as a result of, among other transgressions, his telling the owners of a Leonburger (it’s a very big dog) that their pet was terminally ill and had to be euthanized, then secretly keeping the dog alive in a small cage so he could use Sid’s blood for transfusions to Dr. Tierce’s other canine patients. Eventually an assistant at the clinic blew the whistle and alerted Sid’s owners, who rescued their dog and sicced the law on the worst veterinarian since Dean Jones menaced Beethoven.

Unethical Doctor Of The Year

Dr. Nancy Snyderman, NBC’s medical expert, endangered the public by defying a voluntary quarantine for possible Ebola exposure,  because she just couldn’t bear to be without her favorite soup.

Scam of the Year

Jonathan-Gruber-1

The Affordable Care Act.

 Unethical Federal Agency Of The Year

The Secret Service. Lots of competition in this category: the Veterans Administration, the I.R.S., the CDC, the Justice Department, NSA…but when you essentially have one job to do and do it badly, sloppily carelessly and dangerously, there’s really not much more to say Continue reading

Unethical Web Site Of The Month: No Hate Speech Movement

hand over mouth

Right before the Paris terrorist attack on “Charlie Hebdo” I was going to post about No Hate Speech and decided, “Eh, this is too stupid.” Then, reflecting upon it in the light of the occurrences in subsequent days, I realized most of the many, primarily  young people, mostly well-meaning, sensitive, loving individuals who are represented on this almost unnavigable website—I hate that— would be making excuses for the Islamic terrorists who executed the French cartoonists, since by their definition, they engaged in “hate speech.”  ( “Of course terrorism is wrong, but...”)  They ended it too, didn’t they? At least they ended those particular speakers.

Free speech is being whittled away by the attempts to define free speech as excluding “hate.” Democratic Senator Ed Markey from Massachusetts—you know, that cradle of freedom, democracy, protestm ringing words, and me—has  introduced legislation calling for the government to investigate “hate speech” on broadcast, cable, and Internet outlets. As Alan Derschowitz noted, the effort and the logic surrounding the bill endangers liberty:

“It is a worthy effort, but my prediction is that it either leads to the conclusion government cannot do it, or that they will do it and that will infringe on First Amendment rights. Governments are trying to also make changes to hate speech law and debating the issue in Canada, at the United Nations, and even right now in Israel. It is a worldwide trend, but it is a really dangerous trend.”

I guess because Derschowitz is an upstanding Democrat, he can’t bring himself to say that it is not a worthy effort. It is an irresponsible trend, with a campaign that depends on ignorance, historical amnesia, naivete and hypocrisy. I was trying to remember why I, last year, allowed a passionate and prolific commenter who was prone to rash and obscene language, often attacking other commenters. NOW I recall: This was the reason. The movement to censor “offensive” speech is a leap onto Markey’s slippery, censorious slope. Hate is a legitimate, if ugly sentiment, and it has its place. That place is in our heads, and sometimes, out of our mouths or pens. You don’t like it?  I’m listening. I lost a lot of readers who were offended by Scott’s remarks. Well, I decided that that the ethical thing was to let those who objected 1) learn not read his comments or 2) talk him out of it. Continue reading

Vote For The Curmies: The Worst In Unethical Education, 2014

Rick Jones2

Every year, blogger Rick Jones (above) announces his “Curmies” (he is the Curmudeon, after all) nominations for “the person or persons who most embarrass the profession of educator.”

I encourage Ethics Alarms readers to vote over at Rick’s blog. Here are his worthy nominees, with Rick’s commentary:

1. James Miller, President B. Kaye Miller, and their co-conspirators at Bergen Community College, who suspended and demanded a psychiatric evaluation of art professor Francis Schmidt for tweeting a photo of his seven-year-old daughter wearing a t-short reading “I will take what is mine with fire and blood” even after it was proven that the line is a well-known pop culture reference to the Game of Thrones. They did finally back off several months later, but it was too little, too late. In mitigation: if you’re both an idiot and completely unengaged in popular culture, that line might actually make you think about recent school shootings. In aggravation: the shirt is obviously inoffensive, the process was obviously flawed, and the school’s defense of their actions is the perfect balance of irrationality and pomposity.

2. A cadre of incompetents at Harley Avenue Primary School in Elwood, NY, who cancelled the school’s traditional kindergarten show because of concern with making their charges college-ready. In mitigation: I can think of none. In aggravation: these people have no comprehension of child development, of what goes into making a show, of real college-readiness, or indeed of anything other than their own hubris, from what I can tell.

3. Secretary of Education Arne Duncan is likely the worst cabinet member of the 21st century, but he outdid even his own high standards of incompetence and arrogance with the proclamation that even students with disabilities will be expected to attain basic standards of reading and math: “We know that when students with disabilities are held to high expectations and have access to a robust curriculum, they excel.” Actually, no, Arne, we know no such thing, and if you think we do, maybe you should get off the hard stuff. In mitigation: I got nothing. In aggravation: Duncan’s plan has no upside, will cost pots of money, and ignores differences between students’ innate ability and preparation while pretending to privilege individuality.

4. Wasatch (UT) High School officials, for puritanically altering female students’ yearbook photos without as much as giving the girls the opportunity to fix their alleged transgressions. In mitigation: there was indeed a sign warning students of the need to obey the school’s dress code. In aggravation: the policy was enforced inconsistently and apparently whimsically. More significantly, the level of sexism involved is positively stunning: boys had their pictures taken with shirts gaping open, tattoos, copious amounts of visible boxer shorts… and a cutline “Studs doin’ what studs do best.” I couldn’t make this up.

5. There were plenty of cases of schools’ and universities’ over-reacting to the Ebola pseudo-crisis. We’re going to give the specific nomination to Cline Elementary in Friendswood, TX, not because their craven stupidity was any worse than that exhibited by several other schools, but because of the distance the teacher in question was from an actual outbreak while traveling in Africa relative to the distance to the nearest confirmed case to the district itself: roughly 11 to 1. In mitigation: there was lots of false information circulating, and parents (especially) were nervous. In aggravation: you’re supposed to be a school. Educate. When people are being paranoid idiots, it is your responsibility to keep your collective heads and do the right thing.

6. The administration of Rhame Avenue School in East Rockaway, NY, for taking teacher Vuola Coyle out of her classroom because her students’ test scores were too good. Yes, too good. It costs the school because students supposedly learn too much in 4th grade and therefore don’t show enough improvement as 5th graders. In mitigation: we haven’t really heard the school’s side of this story. In aggravation: even if everything else is false, the school’s addiction to testing, and to practice testing, is demonstrable.

7.The University of North Carolina for allowing a corrupt system of allowing athletes (especially) to enroll in “paper courses” for the sole purpose of keeping them eligible or off suspension to continue for nearly two decades. In mitigation: the real offenses are in the past, as are the worst of the offenders. But if the release of an investigator’s report marks a new event in the minds of SACS accreditors, it can for Curmie, too. In aggravation: it is impossible to believe that a lot of people currently in powerful positions at UNC didn’t know exactly what was going on and did nothing. And if “everyone does it,” it is the portent of very bad things to come, indeed.

8.Assistant Principal Paula Johnson and the rest of the administration of Bayside Middle School in Virginia for suspending 6th grader Adrionna Harris, who took a razor away from a classmate who was cutting himself, immediately throwing it away. But she dealt with the problem instead of calling a teacher. In mitigation: Adrionna was technically in violation of a rule that actually makes sense if not applied irrationally. In aggravation: the administrators wouldn’t have known about the incident if Adrionna hadn’t told them, so she was punished for being honest as well as being heroic.

In part because Rick was very busy this year, his nominations do not include as many subjects of Ethics Alarms posts as usual: only #2, #7 and #8 of Rick’s nominees were discussed here. On the other hand, Rick left un-nominated some truly awful examples of unethical teachers, administrators and institutions that flipped my bippy, such as, these, currently being assessed as I prepare my Best and Worst of Ethics 2014 list. They are a miserable list too, and include… Continue reading

The Wall Street Journal Steals From A Blogging Lawyer…Luckily For Them, A Nice One

A lawyer asks: Will Google Cars put me out of business? The Wall Street Journal  asks: Why shouldn't we make money off your answer?

A lawyer asks: Will Google Cars put me out of business? The Wall Street Journal asks: Why shouldn’t we make money off your answer?

I always do a double-take when I see that someone has “re-blogged” a piece from Ethics Alarms. Unless there is something in my WordPress agreement that allows other bloggers to lift my work and publish it as their content without my permission—oh, who knows, there probably is—this is a copyright violation, but worse than that, it’s wrong. Apparently they think that if they give attribution, that makes everything fine. Why would they think that? I’m writing for my blog, not anyone else’s. If a blogger wants to reprint all, most or some of my commentary in order to critique it, that’s fine ( WindyPundit is doing this right now). But lifting all or most of my work to fill space on your website, without my permission? Not fair, and not ethical.

This just happened to personal injury lawyer and estimable blogger Eric Turkewitz, but the culprit wasn’t a blogger, it was the Wall Street Journal. It took his post about Google Cars and just slapped it into the print and online editions of the paper. “Lawyer Eric Turkewitz writes that self-driving cars will hurt the business of many personal-injury attorneys,” said the sub-head under “Notable and Quotable.” Hmmm. Usually a writer gets paid to write features for a newspaper. I guess just lifting copy without permission is “Fair Use.”

No, First Amendment expert Marc Randazza points out in his typically irreverent way, it isn’t:

In this case, the Wall Street Journal used 44% of Turkewitz’ post, with no additional commentary, criticism, or discussion.  The WSJ could have called Turkewitz a moron for his views, and quoted the whole thing (theoretically).  Or, the WSJ could have given approval, more discussion, or turned the article into piece of art, with spray painted Che Guevaras and stencils of Paris Hilton, as a commentary on Turkewitz, tomato soup, and golf, or whatever.  But, they didn’t do any of that.  

So lets look at the §107 [Fair Use]factors

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The purpose and character of the use is certainly commercial and for profit. The WSJ sold its newspaper with Turkewitz’ work in it, and even put it behind its paywall online. Same exact use, except WSJ took what Turkewitz distributes for free, gathered it, and sold it.

The nature of the copyrighted work was Turkewitz’ original opinions and thoughts.

The amount and substantiality of the portion used? 44%. Pretty substantial. Remember, this is not dispositive, but if you used almost half of an original work, you better have a good reason.

The effect of the use on the potential market for the value of the copyrighted work? That’s sorta iffy. It isn’t as if Turkewitz sells his work. But, that is not a requirement. Turkewitz’ blog currency is readership. If you do some quick online searches for some of the content, sometimes the WSJ version comes up above Turkewtiz’ version. Not cool. Ultimately, the WSJ blew it here because they didn’t add anything to the original — they just lifted it and reposted it….

So the verdict? The Wall Street Journal is definitely guilty of copyright infringement for lifting a bloggers’ work without any justification.

It’s worse than that, however. Continue reading

The State Of Ethics Alarms, 2015

Driving on an empty road towards the setting sun 2014

The 2014 Ethics Alarms Best and Worst of Ethics Awards will be along shortly, but right now I want to provide an overview of the blog itself as 2015 dawns.

Posts: There were slightly more than 1,000 posts to Ethics Alarms in 2014.

Traffic: Ethics Alarms had 1,195,812 page views, up about 6% over 2013.

Most Viewed Posts: Outside of the home page, the Rationalizations List remained the most popular. The top ten 2014 posts that drew the most interest were, in order of most visits; Continue reading

The “Non-Violent Protest” Lie

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The leaders and participants in the protests related to incidents of excessive police force and violence—real, imagined, manufactured or equivocal—are creating an environment of racial distrust, fear and hate that cannot avoid  resulting in violence. Yet astoundingly, they not only deny the natural consequences of their words and rhetoric but feign indignation (and racism, of course) when the effort, long underway with the assistance of such accomplices as Eric Holder, Barack Obama and Bill De Blasio, is properly condemned as the dangerous and reckless attack on society that it is.

I am not sure which amazes me more: that demagogues like Al Sharpton would have the audacity to proclaim that his organized campaign of hate against police, accusing them of being both racist executioners and the embodiment of a racist justice system, or the caliber of pundits who have rushed to Sharpton’s defense. How can this be? African-Americans are told, for years now, that whites with guns are hunting them; that police are determined to kill them, that the justice system is rigged to let the carnage continue. The carriers of this message includes members of Congress, celebrities, civil rights activists, the Attorney General and the President of the United States. False accounts that support this gross characterization of  disparate incidents, each with unique circumstances, are turned into rallying cries, such as “Hands up! Don’t Shoot!”  The left-biased media openly endorses the narrative, which says that black Americans are being hunted coast-to-coastby an armed force, determined to kill their children.

But the protest is “non-violent.” Continue reading

Ethics Problems I Hadn’t Given Much Thought To Dept.: Bela’s Dilemma

Bela

Bela is a 9-year-old German Shepherd, and apparently a healthy one.

Unfortunately, Bela’s owner, Connie Ley, isn’t healthy. In fact, she’s dead. But Connie loved Bela, and provided for her in her will. The provision: Bela could either be adopted by one of Connie’s friends (That’s out: the friend doesn’t want her), euthanized, cremated and buried along with Ley, or sent to a no-kill animal sanctuary to live out her days in comfort. I may be presumptuous here, but I think I know which of these options Bela would prefer. It’s not her call, however. The executor of the will gets to make the choice, and he or she is reportedly leaning to having Bela killed.

The Best Friends Animal Society  is working on trying to convince the will’s executor to allow Bela to live, and be brought to the group’s facilities in southern Utah joining some 1,700 other cats, dogs, horses, pigs, birds and other animals.  There she would be available for adoption, and if not adopted, cared for, if not exactly the center of attention in a loving family. Better than being buried like a cat mummy with a Pharaoh, though, I’d think. One problem is that while the will identifies Best Friends as an option, there are no provisions in it to compensate the group, and Ley had never contacted it before she died. Another problem is that Bela was a one-woman dog. That, however, can usually be changed with love, patience, and time. Many dog lovers seem willing to make the effort. Continue reading

Criminal Charges For Web-Shaming? Sure.

Gee, I wonder why that kid is a bully?

Gee, I wonder why that kid is a bully?

Police in Winter Garden, Florida have arrested and charged Christle Prado and her, ah, “roommate” for forcing her 10-year-old son to wear a dress, and then posting photos on Facebook to humiliate him. Discipline, you see; he had wet his bed.

The model mom and Keith Driscoll were charged with cruelty toward children and infliction of mental injury on a child.

Good.

I’ve written about web-shaming children before, and characterized it as child abuse, which it is. A maxim here is that when ethics fail, the law must take over. It is a poor second option, but for this couple and those like them, including the parents of the boy in the photo to the left, it is a necessary and an ethical one.

Police learned about the abuse after one of the boy’s relative saw posted photos of the boy dressed as a girl and wearing makeup. He was crying. I wonder how many of Prado’s friends “liked” those photos on Facebook? Prado told police that Driscoll came up with the idea to dress her son like a girl as a way to discipline him, went along with it because she “did not want to cause problems with her living situation.”  Oh, well, that’s all right then, ma’am—you can go now. Driscoll, you see, is her sleep-in landlord.

Yechhh. I wonder what else she’ll do to her son to keep that cozy relationship peaceful? Cigarette burns? Whipping? Water-boarding?

The child cruelty charge is a second-degree felony. I’m all in favor of expanding such charges to apply to the parents who post photos of children holding signs that read “I pooped on the floor” and other self-incriminating screeds compsed by mom and dad, even those who aren’t doing it to interfere with their sex-for-rent arrangements. In fact, I’d expand it to include those Jimmy Kimmel fans who make YouTube videos of their children crying because their Christmas gift appeared to be old sweat socks or broccoli, in the hopes that Jimmy will make their exploitation of their own kids go viral. (An excellent discussion of everything that is wrong with child-shaming on the web can be found here.)

Using the web to humiliate your powerless children—forever, remember—is wrong, but if parents are so stupid, cruel and ethically inert that they can’t fathom this basic Golden Rule principle, it should be illegal too.

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Pointer: Fark

Facts: WFTV

Continue reading

Here’s A First: Kansas Suspends A Lawyer For Facebook Bullying

It's unethical for a lawyer to play a sad violin over Facebook??? Why yes, it is!

It’s unethical for a lawyer to play a sad violin over Facebook???  Why yes, it is!

Eric Michael Gamble was representing a biological father opposed to the adoption of his daughter, which had been approved by the 18-year-old mother.

After Gamble deposed the young woman, he messaged her on Facebook in a shamelessly manipulative fashion, saying…

‘I wish to offer you some reasons why you should stand up and fight for your daughter. As you know, I am the attorney for [the biological father]. We held your deposition in my office. I wanted to give you the chance to make things right. This may be your last opportunity to be a mom for [the baby]. As I told you after your deposition in my office, it is not too late. You still have a wonderful opportunity to have a real relationship with your daughter if you so choose. I have attached a document for you to consider signing and bringing to court or to my office. It is a revocation of your consent to adopt. If you sign this document there is a very good chance that you will be able to call [the baby] your own and [the baby] will call you her mom. I can’t begin to explain how beautiful and wonderful parenthood is. I have a little girl myself and she is my world just like you are your dad’s world. [The baby] deserves to know her parents. She deserves to know that you love her and care for her as well. Do not let this opportunity pass you by because you will live with this decision the rest of your life and [the baby] will know someday what happened. [The adoptive parents] do not legally have to ever let you see her again after court (although they are probably trying to convince you otherwise with the idea of an ‘open adoption’). The reason why you don’t know about the trial was because they don’t want you there because that doesn’t help [the adoptive parents] case. This is your time to get rid of the guilt and standup and do what is right and what [the baby] deserves. She deserves to have her parents love and care for her. She deserves to know her grandparents and extended family. If she’s adopted, she won’t have that chance. [The biological father] wants to be her dad and to love her. She deserves that. I urge you to print, sign, and notarize this document and bring it to my office before court. Trial is June 27, 2013, at 9:00 a.m. at the Johnson County Courthouse, Division 15. I hope to see you and your father there.’

What’s wrong with this? The legal ethics rules protect unrepresented parties in a matter from exactly this sort of pressure. Rule 4.3, in Kansas and elsewhere, prohibits a lawyer from giving advice to adversaries of his or her client, which statements like “This is your time to get rid of the guilt and standup and do what is right and what [the baby] deserves” clearly are. The rules also require lawyers to treat all participants in the justice system with fairness and respect. That message constitutes neither. Rule 4.4 says that “In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person.” Gamble has a defense, of course: his substantial purpose was to have the adoption dropped like his client wanted, but since he wasn’t supposed to be talking to her anyway (other than to advise her to get a lawyer), that wasn’t going to fly. Rule 8.4, meanwhile, says that a lawyer must not “engage in conduct that is prejudicial to the administration of justice.”

After he lost the case, Gamble reported himself for the Rule 4.3 violation. This is usually a good tactic to encourage lenient treatment, but in this case, it didn’t work. In suspending Gamble for six months, the Kansas Supreme Court seemed to invoke all three of the violated rules, as it wrote,

“…As the hearing panel noted, respondent “attempted to manipulate the biological mother and, as a result, interfered with justice.” Respondent’s conduct “amounted to emotional blackmail” of an unrepresented 18-year-old who was dealing with a process that was already “’emotionally exhausting.'” His “electronic message was designed to embarrass, burden, and create guilt in the mind of the biological mother.” These “bullying tactics directly reflect on [respondent’s] fitness to practice law as an attorney.” Consequently, we hold that the respondent should be suspended for a period of 6 months. A minority of the court would impose a longer period of suspension. We unanimously order a reinstatement hearing under Rule 219.”

And the social media claims another victim.

Addendum: I was remiss, in posting this, not noting that the underlying issue in the lawsuit is a far more serious and complex ethical and legal one than the topic of this post: the matter of unwed mothers putting their new borns up for adoption without the father’s consent or participation. That has been a battle royale on Ethics Alarms twice, and you can review it here.

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Pointer: ABA Journal

Facts: Legal Profession Blog

Ethics Quiz: The Harvard Prof and The Erroneous Chinese Restaurant Menu

Perfect! Just what you need to handle that pesky flea, Professor!

Perfect! Just what you need to handle that pesky flea, Professor!

Ben Edelman, a rather well-noted Harvard Business School professor, had this fascinating exchange with a local Szechuan restaurant:

Edelman 1Edelman 2Your Ethics Alarms Ethics Quiz:

“Is Prof. Edelman’s conduct ethical?”

Continue reading