Ethics Quiz: Once Again, Bystander Ethics, The Duty To Rescue, And The Imperiled Child

clarkkentThe free-range kids debate already raised this issue, and now my colleague and friend Michael Messer, the talented and versatile musician/singer/ actor who teams with me in the ProEthics musical legal ethics programs Ethics Rock, Ethics Rock Extreme, and Ethics Jamboree, just posted about his traumatic experience on Facebook, writing,

“I’m standing in Central Park and witnessed a tourist father grab his (approx 5 year old) child by the arm and shake him… The. open palm smack his child in the head. Hard. Twice. I screamed to him, from about 50 feet, where I witnessed it: “HEY!!! YOU DON’T HIT HIM” he looked up, startled to be called out, and waved me off to mind my business. “YOU DO NOT HIT A CHILD IN THE HEAD”, I repeated, at the top of my lungs, hoping to attract attention. The kid cried and then got himself together and went off to play. No one else in Sheeps Meadow saw or took notice. For about 5 minutes after I kept my eyes on him so he knew he was now being watched. What is the role of a bystander in this situation?”

Your Ethics Alarms Ethics Quiz for the day is…

What is the role of a bystander in this situation?

The answer is simple, really—its that oft-repeated Ethics Alarms mantra, “FIX THE PROBLEM,” at least as much as you can. Do something. Mike did the right thing, from a distance: show the abuser he’s being observed, protest, shame him. If one can, if one has the ability, the skill and the timely reaction and the child looks to be in genuine danger, intervene physically.

The latter course, however, carries risks, and also may be precluded by the natural reflex most humans have when they observe something unexpected and shocking. I discussed this issue when Penn State assistant coach Mike McQueary was being pilloried in some publications for not immediately charging into the Penn State showers and stopping sexual predator Jerry Sandusky from sexually abusing a boy: Continue reading

Comment of the Day: “Ethics Whistle On The Post’s Dana Milbank…So Blood Won’t Shoot Out My Nose”

neurons

On a Saturday morning when my mind is foggy and my reflexes are slow after a harrowing  ordeal of prepping for and MC-ing a legal ethics game show for the D.C. bar the day before, the sighting on a worthy Comment of the Day is a cause for relief and joy. Rich (in CT) offers yet another superb post, illuminating the complex issues behind a statement in my essay about the estate tax. Rich has an impressive record for COTDs in his relatively short time commenting on Ethics Alarms, but none of his masterpieces were more welcome than this, which allows me to go back to bed. You would not believe how long it took me to type this brief paragraph. (Thanks, Rich!)

Here is his Comment of the Day on the post, Ethics Whistle On The Post’s Dana Milbank…So Blood Won’t Shoot Out My Nose.

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Ethics Whistle On The Post’s Dana Milbank…So Blood Won’t Shoot Out My Nose

I know just how you feel, Lewis...

I know just how you feel, Lewis…

I was going to ignore this, I really was. Most Washington Post readers know Dana Milbank is a hard left, often unstable partisan reporter pretending to be an objective analyst. Most also know that he is prone to jump the rails of logic, fairness and reality from time to time, like here, when he blamed a “scandal of the week” mentality on the press and Republicans, and not the fact that the incompetent Obama Administration averages a scandal a week…or here, when he called millennials selfish for not supporting their President’s misbegotten health insurance scheme and acting in their own interests rather than their President’s political interests.

But his most recent column was churning around in my brain like Lewis Black’s routine about overhearing a young woman say, at a table next to him in a restaurant, “If it weren’t for my horse, I wouldn’t have spent that year in college.” ( Black: “Now, I’m gonna repeat that, because it bears repeating. “If it weren’t for my horse…” as in, giddyup, giddyup, let’s go — ‘I wouldn’t have spent that year in college,’ which is a degree-granting institution. Don’t think about that too long, or BLOOD will shoot out your NOSE!”) Milbank’s columns are often like that for me, and this one, expressing his outrage that the Republicans are trying to repeal what’s left of the estate, or “death tax,” was one of the worst. So you can regard this post as saving my life, if you wish.

I have no philosophical objection to taxing rich people, none at all. However, I have a very great ethical disagreement with those, like Milbank, who seem to think that there is something so sinister about parents trying to amass wealth for their kids that it justifies the government laying claim to what they have achieved, grown and saved through their own had work and responsible decisions. This was the ethic that drove our grandparents, great grandparents and great grandparents to build values, families, businesses, communities and a nation.  Making life better and easier for their children than it was for them was a virtue, and properly recognized as such.

Many studies, out of fashion now and suppressed in academia because they are politically incorrect, have suggested that poverty persists through generations  in part because of the acculturated lack of a future time perspective among some groups, which is a nice way of saying that when people seek instant gratification and don’t save and invest their assets, they become poor and stay poor. It is essential to progressive cant that there are no differences between successful people and unsuccessful people…not intelligence, talent, diligence, industry or ambition…just opportunity and privilege, or the lack of them.* People really believe this, especially the people I see in worn-out clothes buying 30 bucks worth of lottery tickets at a pop in the 7-11 rather than saving the cash to get some job training, or start a college fund for their children, who, this being the D.C. area, probably don’t live with him anyway. No, there’s nothing these unfortunates can do to better their lot, you see. Meanwhile, the government preys on their present-time proclivities by creating rigged lotteries to take their money from them.

Of course, someone born into a wealthy, two-parent, stable and supportive family is equally deluded to think, as the late Texas governor Ann Richards once said derisively of George H.W. Bush, that he hit a triple when in fact he was born on third base. That still does not mean, as Milbank seems to think, that there is something wrong and undesirable about  American’s parents working and sacrificing to make sure their children aren’t left sitting on the bench, or can’t even get in the park to see the game. Milbank, like the lock-step progressive he is, believes that every individual in every generation should have to start life without any competitive advantages over anyone else, and if that means giving his competitors a head start, or making him run with weights on his feet, or tripping him at the start of the race, well, too bad, and too bad for his parents.

That’s fairness to our many Milbanks. To me, fair is for each individual to be able to make the most of what life and luck  provides, through their own abilities and efforts, with the help and assistance of parents and family being a a vital and respected inheritance that reinforces a duty and obligation to do the same for the next generation.

Anyone is free to see it differently. What should not be tolerated are statements like this, by Milbank: Continue reading

Maybe The Best Reason To Remember April 15…Number 42

jackie-robinson

A lot has happened on April 15.

Leonardo De Vinci was born…Abraham Lincoln died…Apollo 13 had the accident that almost destroyed it, but that triggered one of the great triumphs of the space program…Lee surrendered, ending the Civil WarThe Beatles disbanded…I didn’t get my taxes in on time….

I would argue however, and will, that as culturally important as any of these events was that sixty-eight years ago, in 1947, Jackie Robinson became the first black man to play major league baseball in the modern era. This represented a cultural change that allowed the United States to take a giant step forward toward healing the self-inflicted and almost fatal wound of slavery, and it took a man of surpassing courage and character to do it. (Two men, really: the other was Dodgers GM Branch Rickey.)

Today all MLB players will wear Robinson’s number 42 to honor him. If you haven’t seen the movie “42, or if your children haven’t seen it, this is a good day to get a sense of what Jackie went through as he broke the color line.  You can check out Robinson’s baseball stats here,  and learn about the civil rights work he did after his playing career, in the too-short life that was left to him here. He’s in the Ethics Alarms Heroes Hall of Honor, of course, and his entry there has more about his life as well as some good links.

The main thing is, remember him.

Many years ago, I had a conversation with a close friend—smart, accomplished, engaged, educated, about 26 years old at the time. She had no idea who Jackie Robinson was. Nobody, then, now or ever, should reach adulthood in the United States without knowing and understanding what Robinson did, and our nation’s debt to him. There is an ethical  duty to remember, and to respect.

Thank you, Mr. Robinson.

Thank you.

 

Iowa’s Kirkwood Community College Imprisons Its Students In Deference To Hillary Clinton

"This is a great community college, you know?"

“This is a great community college, you know?”

I’m willing to entertain the notion that the exigencies of the situation may have justified Boston’s police ordering citizens to stay in their homes during the dragnet for the Boston Marathon bombers in 2013, Barely. Still, the explosion of extra-legal, unconstitutional abuses of power by national and state governments during the Presidency of Barack Obama is profoundly troubling, and even more so is the complacency of the public and media when it occurs.

Yes indeed, I see this particularly frightening fish-rot as being initiated from the head in the White House, who has embraced the governing theory that if consensus and compromise on desired measures, laws and policies can’t be achieved under the Constitution’s formula, do it anyway. This isn’t strength, you know. It is weakness, the desperate resort of an unskilled executive with contempt for democracy. Under this administration, we have seen a President and a Justice department refuse to fulfill their duties and defend a duly passed and signed law that they just didn’t like (DOMA). Wrong. We have seen a President unilaterally amend his own sloppy health care law because he knows that if he tried to fix it legally, the Congress would gut it. Wrong. We have seen Obama repeal immigration restrictions by executive order, and declare that the Senate was in recess in order to avoid the bother of getting legally mandated  confirmation of his appointments—that one, at least, was struck down by the Supreme Court.

The cumulative effect of all of this is gradually increasing public tolerance for official breaches of the rule of law, at all levels of government, and by private entities too. I believe that that this threatens the democratic culture, and I do not understand why progressives are not as outraged by this development as moderates and conservatives. Do they really think that having allowed Constitutional protections to erode so their precious agenda can be advanced, those protections will be suddenly vigorous again when their adversaries have the upper hand? What utter, utter fools:

The sickening effect of this complacency was on display at Kirkwood Community College in Monticello, Iowa, Continue reading

In Maryland, Tempting Moral Luck And The Barn Door Phenomenon In A Free Range Kids Ethics Conflict

Lyon Sisters

Just months after suburban Maryland parents Danielle and Alexander Meitiv were cited by Montgomery County’s Child Protective Services for “unsubstantiated neglect” for allowing their children Rafi, 10, and Dvora, 6, to walk home from a park close to home, the defiant parents let their kids to do it again. Again, someone called 911 (anonymously), and again the children were picked up by police.

This time, the police took the Meitiv children to Child Protective Services headquarters and for some reason didn’t tell the parents, who, naturally enough, freaked out. Five and a half hours later the agitated children and frantic parents  were reunited. You can read about the initial incident from the mother’s perspective here; and obviously Lenore Skanazy is in full battle array on her “Free Range Kids Blog.” Columnists everywhere are rushing to their keyboards to write columns like this one, by the Washington Post’s Petula Devorak, titled “Why Are We Criminalizing Childhood Independence?”

The ethics of this issue are more complicated than simplistic “We used to walk around freely all the time when we were kids and it was more dangerous then than now” reminiscences are equipped to explore.

Analyzing this ethics conflict (“when two or more ethical principles are in opposition”)  screams out for the useful starting point for ethics analysis:

What’s going on here?

Before I answer, let’s get a couple of ethics verdicts out of the way: Continue reading

The Legal Profession’s Failure Of Professionalism Regarding Gay Marriage

blind_justice

Charles Green helpfully sent me the link to today’s New York Times piece documenting how…

“the imbalance in legal firepower in the same-sex marriage cases resulted from a conviction among many lawyers that opposition to such unions is bigotry akin to racism. But there were economic calculations, too. Law firms that defend traditional marriage may lose clients and find themselves at a disadvantage in hiring new lawyers.”

“Am I right that something’s quite amiss here?” he asks. Indeed he is, and I’ve touched on it before.

There are several factors at work here, but the result is deplorable, and indictment of the corrupt values of the legal profession. One of the factors is bias, and it is a bias that the lawyers themselves are either unaware of,  or are unwilling to avoid its effects as their professional codes of ethics require.

The majority of high-powered lawyers hail from urban centers where liberal culture flourishes among the wealthy, the powerful and the influential. These are cosmopolitan lawyers, sophisticated and urbane, who have gay colleagues, gay friends and gay children. They are less likely to be religious, and more likely to have contempt for those who are. Combine with them the legal academics who drive consensus on legal ethics matters—like most academics, they have marinated in the extreme leftist attitudes of U.S. academia—and it becomes clear why, as Michael W. McConnell, a former federal appeals court judge who teaches law at Stanford, tells the Times, “The level of sheer desire to crush dissent is pretty unprecedented.”

I noticed this in 2011, when the legal ethicists I follow, know and debate with decreed virtually en masse that a judge who was not only gay himself but in a long term domestic relationship with his partner had no ethical obligation to recuse himself before he issued the decision on the constitutionality of California’s anti-same sex marriage Proposition 8. Nor did they feel he was ethically obligated to disclose his situation before ruling. I wrote: Continue reading

Ethics Dunce: Major League Baseball

RalphieI just learned, via TV ad, that the fantasy sports company DraftKings is endorsed by Major League Baseball.

MLB needs to rethink that. The commercial I watched just concluded with the promise that if you play fantasy baseball using DraftKings, “You could win a ship-load of money!”

Stay classy, MLB. Why in the world would any sport that is trying (not so successfully, I may add) to attract more kids as fans and encourage families to go to the ballpark ally itself with a company that advertises itself during major league baseball games with dumb, gratuitous potty-mouth crudeness like that? It’s not clever. It’s not witty. Anyone who thinks that it’s funny is 12, Adam Sandler, or a moron. It’s rude, that’s all.

Professional and trustworthy operations, including sports, choose partners that are professional too. This advertising equivalent of fart jokes reflects horribly on the sport, and the people who run it.

And, I may add, the advertising industry. The wit who thinks “a ship-load of money” is a real come-on is probably the same slob who gave us Verizon’s “half-fast” internet ads.  At least that one was original: this Noel Coward-worthy play on words is the same low-life effort that K-Mart embarrassed itself with in its“ship my pants” ads in 2013.

We all have to swim in this water we call a culture, and this is the equivalent of pissing in the pool. We should be able to expect better from baseball.

 

Rationalization #30 (“It’s a bad law/stupid rule”) Chronicles: Vijay Chokalingam’s Affirmative Action Fraud

Affirmative Action

Actress Mindy Kaling, whom you might know from the sitcom she created and now stars in called “The Mindy Project,” has a brother who has exploited both his relationship to his famous sister and an ethically indefensible fraud to gain some momentary fame and perhaps a book deal. Vijay Chokalingam has revealed that 17 years ago he gained acceptance to St. Louis University’s School of Medicine by falsely representing himself as an African-American.

On his new website, Almost Black, Chokalingam explains,

In my junior year of college, I realized that I didn’t have the grades or test scores to get into medical school, at least not as an Indian-American. Still, I was determined to become a doctor and I knew that admission standards for certain minorities under affirmative action were, let’s say… less stringent? So, I shaved my head, trimmed my long Indian eyelashes, and applied to medical school as a black man. My change in appearance was so startling that my own fraternity brothers didn’t recognize me at first. I even joined the Organization of Black Students and started using my embarrassing middle name that I had hidden from all of my friends since I was a 9 years old.

Vijay the Indian-American frat boy become Jojo the African American Affirmative Action applicant to medical school….I became a serious contender at some of the greatest medical schools in America, including Harvard, Wash U, UPenn, Case Western, and Columbia. In all, I interviewed at eleven prestigious medical schools in 9 major cities across America, while posing a black man.

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A Thought Sparked By Another Incredible Revelation: Could It Be Ethical To Just Accept Outrageous Government Incompetence?

idea-spark

A persistent election cycle joke is the candidate who swears the deficit can be brought into line without cutting any sacred cow programs or entitlements, or raising taxes. All that has to be done, the candidate explains, is to eliminate the billions of dollars lost to “waste, fraud, and abuse.”

The theory is either dishonest or proof of disqualifying naiveté. Massive systems create massive inefficiencies, and massive systems that confer power and influence attract the inept, the foolish and the corrupt like the Clintons attract cynics. Not only is it impossible to significantly eliminate waste, fraud and abuse from the government, as long as the government keeps growing, their incidence will only increase.

Every time I see evidence of flagrant waste of taxpayer money, or absurd programs that encourage irresponsible behavior and public assistance dependence on a crack-brained theory based on misplaced compassion, I wonder if it’s even worth flagging any more for the unethical betrayal of public trust that it is. Nothing changes, or is likely to change. The waste and unconscionable lack of responsible government has persisted my whole life, though administrations of both parties.

It is true that this administration seems to be the first that doesn’t even try to be competent or responsible, or perhaps that places such negligible value on those qualities that their absence isn’t even viewed by its supporters as a flaw. Good intentions are all that matter. To me, this is insanity, as well as deadly arrogance and obvious incompetence, but it is the theme of the Obama Administration. The attitude appears to be reaching its apotheosis in the rhetoric surrounding the Iran nuclear deal, with the President’s recent comments suggesting that it is a good deal because the alternative is facing a reality we don’t want to face. Even though John Kerry claimed that the operating negotiation philosophy would be that no deal was preferable to a bad deal, he was clearly either lying or off mentally wind-surfing somewhere, because that is not the way his own administration reasons. A bad health care law is better than no health care law, so bad is really good. A bad illegal immigration policy is better than no illegal immigration policy, so the bad policy is good. A terrible recovery from the recession is better than no recovery at all, so the administration is crowing about depressing job numbers and more citizens on public assistance than ever before. This entire administration and its political culture is based on the rationalization I have termed the worst of them all, #22, Comparative Virtue, or “It’s not the  worst thing.”

Nearly seven years of this have  turned the brains of many Americans and especially Democrats to Swiss cheese, and that may have terrible consequences down the road. For example, a recent poll showed that 59% of Americans favor the pending deal with Iran, and 59% also don’t think it will work. Hmmmm. Now, I’m going to be kind and assume that the 41% of my countrymen who don’t like the deal are in that second 59%, but even then, this leaves a significant 18% who like a deal they don’t think will work. Why? Because it’s well-meaning.  Because the President is doing “the best he can.” Because they really think that hoping and wanting and avoiding unpleasant truths is a good way to live. Anyone who is in both 59%  groups is brain-washed or brain dead, and a victim of this President’s acceptance of incompetence without accountability as a management model.

My most recent thoughts on this topic were prompted by this incredible item: Continue reading