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Saturday Afternoon Ethics Stimulus, 5/26/2018: The Sad Part Is That None Of This Is A Surprise

/ Jack Marshall / 18 Comments

Happy Memorial Day Weekend!

1.  From the “Bias makes you UNBELIEVABLY stupid, especially, apparently, if you’re a journalist” files: Ann Althouse posted this screen shot of memeorandum, an excellent  news aggregator page:

I wrote earlier about how many of the anti-Trump mob, in the news media and out of it, appeared to be actively rooting for the President’s diplomatic efforts with North Korea to fail, and how his Negotiation 101 move of symbolically walking away from the planned summit would probably be misunderstood and misinterpreted because of the current toxic combination of bias and ignorance, but this is ridiculous. Writes Althouse—who despite multiple polite requests refuses to put Ethics Alarms in her links despite its covering a lot of parallel territory, despite the many frivolous or largely inactive blogs she does link to, and despite the multiple plugs and links I give her, but hey, I’m not bitter— Continue reading →

Morning Ethics Warm-Up, 5/25/2018: What Do Kellyann’s Husband And The NFL Kneelers Have In Common? [Updated]

/ Jack Marshall / 51 Comments

Morning in my home town, Arlington Massachusetts (where they seem to have found another body in Spy Pond….)

Good Morning!

1. George Conway is unethical. It’s really as simple as that. Kellyanne Conway’s husband George, a lawyer, has decided to take advantage of his wife’s notoriety to grab unearned influence and fame for himself. He has become a regular twitter critic of the President, routinely blasting the Administration through mostly re-tweeted commentary from other sources. This, of course, makes the Trumpophobes ecstatic, embarrasses his wife, and gives George 15 hitch-hiked minutes of fame.

Let me count the ways this is wrong:

  • He’s not contributing anything valuable to the public debate, just bolstering his wife’s enemies.  Social media-users who can’t muster their own arguments and who only appeal to authority should not be taken seriously, and if George wasn’t undermining his wife, he wouldn’t be.
  • Who he is married to is the only reason anyone pays any attention to his tweeting. Surely he knows this. Surely he knows that the result is his wife’s embarrassment, and that he he is actively working against her. This is not a James Carville-Mary Matalin act, where both spouses are independently regarded as powerful political consultants. This is spousal sabotage.
  • He’s risking his wife’s career for his own aggrandizement. I’ll say this for Trump: he’s more forgiving than I would be. I would give Kellyanne an ultimatum: get your husband to stop undermining us, dump him, or quit. This is analogous to the crazy estranged husband who keeps coming to his wife’s place of business to harass her. The employer’s completely justified message: “We can’t have this. It’s your problem; fix it, or we will.”

2.  ‘We don’t care: he’s a racist whatever he does.’ President Trump announced his long-rumored pardon of black heavyweight champion Jack Johnson yesterday. (The Times has an interesting feature about Johnson’s travails here.) Praising the President for this long over-due exoneration, an NAACP spokesman said…nah, I’m kidding, the civil rights organization didn’t say anything. However, the Congressional Black Caucus, which had urged President Obama to finally right this decades-long wrong, said…no, they had nothing to say either.  [ Correction: Originally I wrote here that John McCain, who sponsored a resolution asking for Obama to pardon Johnson,, did not signal praise for the pardon. He did, and I apologize to the Senator for the error. Thanks to Dan Abrams for the information.]

There is no reasonable argument against pardoning Johnson, and there never has been. Apparently Obama was hesitant–but then he was always hesitant—this time because Johnson had a reputation for domestic abuse. Thus I presume that the female contingent in the White House pulling Barack’s strings—Valerie and Michelle—along with the all-important advocates for the Democratic Party’s feminist base wouldn’t let him do it. Obama, a lawyer, or so I hear, must have realized that Johnson’s racist persecution by the government for being a  famous and defiant black man who openly had white female companionship had absolutely nothing to do with domestic abuse, and that misconduct a controversial figure may or may not have engaged in unrelated to an unjust criminal conviction shouldn’t play any part in a pardon assessment.

That Barack. So principled. So courageous…

3. I like David French, but...his recent op-ed for the Times attacking the NFL’s ruling on National Anthem protests going forward—if a player won’t stand respectfully, the he must stay off the field, in the locker room—is ethically obtuse. French’s point is that conservatives should champion free speech at a time when the Left is trying to suppress it. That’s a good point, and I agree wholeheartedly, but it has nothing to do with the NFL’s kneelers. I suspect that French wanted to make this argument, and negligently grabbed at the NFL policy as his chance to make it.

He writes in part, Continue reading →

From The Ethics Alarms “I Don’t Understand This Story At ALL” Files, Georgia’s Dancing Doctor Fick

/ Jack Marshall / 19 Comments

YouTube is stuffed with videos like the one above, posted by Dr. Fick, aka Dr. Windell Boutte, a Georgia dermatologist who poses as a plastic surgeon and who has rafts of malpractice suits pending against her. Though she claims otherwise on her website, she is a board-certified dermatologist, but not certified as a plastic surgeon or general surgeon.

However, in the Peach Tree State, every licensed physician is allowed  to perform operations, even if they are not a board-certified. They are not supposed to be dancing while they do, however. Well, this is implicit. Apparently it isn’t made clear enough, at least for this doctor. Boutte posts videos of herself dancing during surgery, like the one above. There are many more.

Thus she is a fick, the first medical variety I have encountered. A fick is someone who is openly, shamelessly, even gleefully unethical. The fact that this hyper-narcissist films herself doing choreography and mugging for the camera while the only thing on her mind should be her patient’s care demonstrates that she is wildly unethical, reckless, irresponsible and unprofessional, and this would be the case if her record for safety was squeaky clean. It isn’t. At least seven malpractice lawsuits against Boutte include claims that she used unqualified staff during procedures that left former patients disfigured. Two additional lawsuit settlements are listed on the state licensing website. And then there is the dancing around unconscious, exposed, patients while performing renditions of popular songs, such as “Bad and Boujee,” “Building up Fat in the Booty” and “Gut Don’t Live Here Anymore, while her staff act like the back-up singers.

(I can’t believe I’m writing this.) Continue reading →

Morning Ethics Warm-Up, 5/24/2018: ‘Can’t We All Get Along? Nah…’ Edition

/ Jack Marshall / 21 Comments

Good morning!

1. What? Negotiation competence? Boy, we haven’t seen THAT for a while. President Trump just pulled out of the scheduled summit with North Korea, a public lesson in Negotiation 101. If only Barack Obama had taken the Art of the Deal seminar before capitulating to Cuba and Iran. the letter the current elected President just sent to North Korea could not be more obvious in its devices, but I guarantee you that my negotiations professor at law school, Dean Adrian Fisher, one of the negotiators of the SALT treaty, would have approved. Here’s the letter, released this morning.

This is another ethics test, by the way. Take note of who criticizes the President for this, for they  will be revealing themselves as either reflex-Trrump haters or the kind of people used car dealers love to see walking in the door.

2. “A Nation of Assholes” update. It is now beyond dispute that the concept was right but that I badly misjudged the population that I thought would be primarily affected. My theory in the 2015 essay was that that having an ethics-challenged boor like Donald Trump as President would degrade the ethical standards of the public through the “rotting fish head” process: people follow the leader. Well, that has happened too, but the worst asshole transformation has beset progressives and “the resistance.,” as their behavior gets worse by the hour. Continue reading →

Morning Ethics Warm-Up, 5/22/2018: Blemishes

/ Jack Marshall / 40 Comments

Goooood Morning!

1. What is so hard to understand about the concept of Freedom of Speech and Freedom of Assembly? The Daily Beast negligently covers a story about how some alt-right groups are planning some kind of anniversary/reunion event in Charlottesville. (Funny, I thought we celebrated anniversaries of good things) and how some activists are plotting to block them. I especially like this sentence:

“Activists warned Charlottesville last year that the Unite the Right rally could turn violent. Now they’re determined to keep neo-Nazis out of their city for the anniversary.”

The rally turned violent because the counter-demonstrators turned it violent with help from authorities, who couldn’t, couldn’t, or didn’t want to keep the alt-right and the antifa demonstrations away from each other. This is the Berkeley trick: “Your speech will incite violence from us, so its irresponsible for you to speak. This issue was supposedly settled when the ACLU fought to allow Nazis to march in Skokie, Illinois 40 years ago.  In the end, the Nazis didn’t march but the principle that they couldn’t be blocked because of their message was made clear. I wonder if the self-righteous, speech-restriction fans represented by Black Lives Matter activist Lisa Woolfork even know about that case, given such ignorant quotes as,

“[Charlottesville authorities] seem to have gotten the message that white supremacist ideology is dangerous, but they are not willing to take, I believe, the truly moral step to say Kessler’s rally is a white supremacist Nazi rally, and therefore is inimical to our values and that we can ban that.”

No Lisa, you can’t ban that. You can’t ban ideas, no matter how dangerous you think they are, or how dangerous they in fact may be. The theory that the government should ban speech based on morality is infinitely more dangerous than anything these alt-right jerks say, but you still have the guaranteed right to promote such democracy-rotting garbage. Another Lisa quote:

“We did not ignore the white supremacists and let them proceed to go about their business undisturbed without any censure. These ideas are harmful, and they lead to horrible consequences in the real world.”

And I repeat: What is so hard to understand about the concept of Freedom of Speech and Freedom of Assembly? It sure seems to be especially hard to understand for the Left recently. Continue reading →

Sun Day Morning Ethics Warm-Up, 5/20/2018: Bright Above, Dark Below…

/ Jack Marshall / 24 Comments

What IS that thing???

Good Morning!

There is this big, white-yellow, ball-thing in the sky overhead..not sure what it is.

The sky is also this weird bluish color.

Very strange…

1. The news media actually calls this creep a moral authority...which itself is significant. On his late-night talk show, Jimmy Kimmel said, “President Trump said he is with the people of Santa Fe in this tragic hour and will be with them forever—except for when it comes time to do something. Then he will not be with them.”

Trump’s post shooting statement was standard issue President-after-tragedy stuff, neither unusual nor objectionable to anyone not seeking to manufacture offense.  “We grieve for the terrible loss of life, and send our support and love to everyone affected by this absolutely horrific attack,” Trump said. “To the students, families, teachers, and personnel at Santa Fe High: We’re with you in this tragic hour, and we will be with you forever. My administration is determined to do everything in our power to protect our students, secure our schools, and to keep weapons out of the hands of those who pose a threat to themselves and to others. Everyone must work together, at every level of government, to keep our children safe.”

Kimmel :“They care more about the support of the NRA than they do about children.”

Kimmel’s statement is signature significance for an ignorant, unscrupulous asshole, and one who either has never read the Constitution, or doesn’t care what it says. There is absolutely nothing that the President of The United States, (or “they”) could or can do to prevent school shootings like the one in Santa Fe.

2. Who wants to join me in a sit-in at Starbucks? It will have to be a lily-white sit-in to make the point. Starbucks’ desperate, pandering, virtue-signaling, deranged new policy that allows anyone to sit in its stores or use its restrooms, even if they don’t buy anything, immediately guarantees the Tragedy of the Commons, which the silly, social justice warrior-run company apparently felt was a preferable disaster than to be accused of racism for enforcing a reasonable and necessary rule when blacks were the violators. If all the tables and space are taken up by non-customers, loiterers and free-riders, Starbucks can’t do any business, but it is literally saying, “We don’t care!” Why? Well, even if they ordered white freeloaders to leave, every time the freeloader was black, Hispanic, gay or in a wheelchair, a YouTube video would appear, go viral, and Starbucks would be tarred as corporate bigots. The police could try this same strategy: announce that officers will not fire on any individual resisting arrest or threatening an officer’s life. I’m sure that will work out well too.

3.  Yes, this was the quality of the people running the country during the Obama years. Obama’s Education Secretary Arne Duncan argued on Twitter that parents should pull their children out of school until elected officials pass stricter gun control laws. He really did. Let’s have a contest: List how many ways this suggestion is unethical. I’ll get you started: it is irredeemably stupid, and thus an abuse of influence, making the naive and easily gulled believe that because this man ran the Education Department, he is a respectable authority whose bone-headed utterances can be trusted and taken seriously. (I see at least five more.) Continue reading →

What Is Fairness, Justice And Proportion For Aaron Schlossberg?

/ Jack Marshall / 93 Comments

“He’s a jerk. Let’s squash him like a bug…”

Surely by now you know of Aaron Schlossberg, the latest cultural villain.

He was the star and author of a bizarre incident at a restaurant in Manhattan. Schlossberg, who is a midtown Manhattan lawyer, freaked out beyond all reason when a customer began conversing in Spanish with employees at the restaurant. “Your staff is speaking Spanish to customers when they should be speaking English,” he protested. “Every person I listen to — he spoke it, he spoke it, she’s speaking it. This is America! “My guess is they’re not documented, so my next call is to ICE to have each one of them kicked out of my country.If they have the balls to come here and live off of my money — I pay for their welfare, I pay for their ability to be here — the least they can do is speak English…I’m calling ICE.”

Naturally, this was captured on a phone video. Naturally, it was posted to social media. Once upon a time a person could behave like a jackass and only have the immediate witnesses to his conduct know about it. No more. Now, thanks to omnipresent cell phones, everyone is under more or less constant surveillance, and a bad moment, a sudden outburst or an ill-considered word can and will be wielded by steely-eyed social justice enforcers to destroy a miscreant’s life to the maximum extent possible.

Is that the kind of society you want to live in? It would be wise to consider the fate of Aaron Schlossberg.

Somehow his name became known. The news media picked up his tantrum: the Daily News put it on its front page! The New York Post reported that he has been evicted from his office by Corporate Suites, the company that held his law office lease.  His firm’s associate quit, with a nice virtue-signaling tweet. A petition demanding that he be disbarred has more than 10,000 signatures, and there is a GoFundMe effort to a  hire a mariachi band to follow him around New York.

That’s kind of funny, I have to admit. Continue reading →

Althouse’s Commenters Delineate A Trend

/ Jack Marshall / 15 Comments

Is something in the etho-cultural air? I wonder. Suddenly hints that patience with the resistance/progressive/Democratic/mainstream media assault on the Presidency, democracy, fairness, honesty, civic discourse and the rule of law is running out even with typically left-leaning citizens are turning up in multiple venues all at once. This is, of course, gratifying here at Ethics Alarms, since I have regarded this as an ethics crisis since 2016.

Fascinating evidence can be found in the comments to a recent post by Ann Althouse, in which she pointed to a res ipsa loquitur piece in Politico, “‘What Happened to Alan Dershowitz?’,  which I would summarize as “Whatever could have possessed Alan Dershowitz to make him opt for objectivity, principles and integrity at a time like this?” Ann, as she frequently does, didn’t comment substantively on the essay, deciding instead to make an arch observation while pointing the way for her readers. She flagged what she called “the most obvious quote” in the essay: “Maybe the question isn’t what happened to Alan Dershowitz. Maybe it’s what happened to everyone else.” Of course, nothing happened to Dershowitz. He’s doing what a lawyer, an analyst and a trustworthy pundit is supposed to do: apply the same standards to everybody; not let emotion rule reason, and when all around him are losing their heads and blaming it on him, keeping his own despite temptations to follow the mob.

Ann’s readers distinguished themselves in their reactions. I wonder if the Democrats are paying attention. They are fools if they don’t.

Read as many as you can. Here’s a representative sample: Continue reading →

A Strange And Disturbing Conversation…

/ Jack Marshall / 27 Comments

It’s baaaack!

Yesterday I did a pro bono ethics presentation for a local lawyer group. During the lunch, which, as usual in such situations, I never got to eat, I was seated next to a lively, intense, talkative young man, like the rest of my audience, a corporate counsel. The discussion was oddly tentative for a long time, which the lawyer’s body-language suggesting wariness and his verbal choices suggesting unusual care. He was probing for something, and I couldn’t tell what. What was it that they vibe reminded me of? Poker? A job interview? Suddenly I realized what it was: the conversation had the tenor, though not the implied subject matter, of those awkward conversations I recalled from parties and encounters where a new male acquaintance was trying to figure out a) whether I was gay and b) whether, if I wasn’t, he could trust me enough to say that he was.

In this case, however, the young man was probing to see if I hated President Trump. I don’t know which comment of mine put him at ease, but suddenly it all poured out. This lawyer and Haitian-American immigrant was an enthusiastic supporter of the President’s policies and leadership style. Once he was certain that I would not look at him like he was the spawn of Satan for daring to express such a view—which he explained extremely logically and eruditely—we had a fascinating discussion, covering illegal immigration, the news media’s bias, the “resistance,” racism, muscular foreign policy leadership, the 2016 campaign,  and more.

However, the fact that simply expressing support for the elected President of the United States, even limited support, indeed even the absence of affirmative contempt, is considered such a perilous social stance that citizens are afraid to express it among their peers demonstrates the monstrous—I think that’s a fair adjective here—intimidation and speech suppression that has been perpetrated by the Left since the 2016 election. Hate is such a powerful emotion that even when it is unjustified, the threat of it being focused on you now keeps Americans from openly expressing their opinions. This is a thought and attitude control strategy, weaponizing the Cognitive Dissonance scale (above) to achieve power and control. If you have this position, we will hate you. Be warned. The message goes out in a thousand ways, especially on social media, but in face-to-face encounters as well, with family, in the workplace, and in social situations.  Some—I think a surprising number–have the strength to resist it as the unethical compelled political conformity tactic that it is. Still, many capitulate, at least in public.  The tactic is even turned on experts and analysts with integrity as well, as in this Politico essay about Alan Dershowitz, which carries the message that a good liberal should not be making the case that the criminal law is being abused and civil libertarian principles discarded as the Left attempts to undo an election by any means necessary. The effectiveness and intimidating weight of the implied threat of shunning is acknowledged by what one blogger describes as the “Trump Bump”—“that little obligatory hiccup in which the speaker on any given topic must pause to make a pejorative reference to Donald Trump before going on, in order to establish his or her bona fides as a good person. ” Continue reading →

Google And The Bail Bonds: When Virtue-Signaling Goes Horribly Wrong

/ Jack Marshall / 18 Comments

..or, in the alternative, go ahead and BE evil, but make sure you’re pretending to be progressive while you’re doing it.

“With great power comes great responsibility not to be reckless and stupid.”

Google recently announced this policy change. See if you can spot what is wrong with it: I shouted, “What???” pretty much through the second paragraph.

At Google, we take seriously our responsibility to help create and sustain an advertising ecosystem that works for everyone. Our ads are meant to connect users with relevant businesses, products and services, and we have strict policies to keep misleading or harmful ads off of our platforms—in fact, we removed 3.2 billion bad ads last year alone. Today, we’re announcing a new policy to prohibit ads that promote bail bond services from our platforms. Studies show that for-profit bail bond providers make most of their revenue from communities of color and low income neighborhoods when they are at their most vulnerable, including through opaque financing offers that can keep people in debt for months or years. We made this decision based on our commitment to protect our users from deceptive or harmful products, but the issue of bail bond reform has drawn support from a wide range of groups and organizations who have shared their work and perspectives with us, including the Essie Justice Group, Koch Industries, Color of Change and many civil and human rights organizations who have worked on the reform of our criminal justice system for many years. According to Gina Clayton, executive director of the Essie Justice Group, “This is the largest step any corporation has taken on behalf of the millions of women who have loved ones in jails across this country. Google’s new policy is a call to action for all those in the private sector who profit off of mass incarceration. It is time to say ‘no more.’” Enforcement of this policy will begin in July 2018. This policy change is part of our ongoing efforts to protect users on our platforms.

Maybe this isn’t as stupid as it appears. Maybe Google is trying to protect its users by ensuring that potential predators accused of crime rot in jail while they are awaiting for trial because they don’t have access to bail.  Now that would be sinister and cruel, but not idiotic. Maybe? Perhaps?

No, this is just idiotic.

Prof. Alex Tabarrok, the Bartley J. Madden Chair in Economics at the Mercatus Center and a professor of economics at George Mason University, explains:

Bail bonds are a legal service. Indeed, they are a necessary service for the legal system to function. It’s not surprising that bail bonds are used in communities of color and low income neighborhoods because it is in those neighborhoods that people most need to raise bail. We need not debate whether that is due to greater rates of crime or greater discrimination or both. Whatever the cause, preventing advertising doesn’t reduce the need to pay bail it simply makes it harder to find a lender. Restrictions on advertising in the bail industry, as elsewhere, are also likely to reduce competition and raise prices. Both of these effects mean that more people will find themselves in jail for longer.

And may I add, with respect, “Duh.” You don’t begin reforming the bail system by making it harder for people who need bail to get it….that is, you don’t do that unless you have a cranial vacuum.  Moreover, Prof. Tabbarrak has the same message based on his experience with bail bond companies as I did when I had criminal defendants as clients—and when I have had to help family members and friend deal with the bail system: Continue reading →