Workplace

Speaking of Conflicts of Interest and To Prove I’m Occasionally Right: Let’s Revisit “‘Baseball Super-Agent Scott Boras Has Another Super-Conflict And There Is No Excuse For It,’ the Sequel”

/ Jack Marshall / 10 Comments

I have never recycled a post so soon (this one was was featured in January) but these are special circumstances:

  • After my analysis of the Fani Willis conflicts scandal did not jibe with the judge’s decision, my self-esteem is at a low ebb, and I feel the need to point out my prescience in this matter
  • This, like Willis’s self-made disgrace, is a conflict of interest, and one involving law as well…but also baseball.
  • The conflict of interest I flagged in January has now had some of the adverse results I predicted, and attention should be paid.
  • Baseball is one of the few things that has a chance of cheering me up right now, having gone through my first two weeks without Grace’s companionship and support. We followed the seasons (and the Red Sox) together since before we were married, as I taught her the game by taking her to watch the Orioles play Boston in old Memorial Stadium.

Two months after I wrote the post that follows, Spring Training is almost over and the season is less that two weeks away. Yet the two star pitchers I flagged as the victims of their agent’s greed and unethical conduct remain unsigned. I strongly believe that the reason they are unsigned is that the agent/lawyer they foolishly employ has been pitting teams against each other while using each pitcher as leverage to benefit the other, or so Scott Boras would argue. There is no question in my mind that if Blake Snell (above, right) and Jordan Montgomery (above, left), both talented left-handed starting pitchers that fill the same niche, were represented by different agents, both would have signed rich, long-term contracts by now. Because they have allowed themselves to be marketed by the same agent–an unconscionable conflict that baseball should prohibit and Boras’s bar association should sanction—they will not be ready to start the season even if both signed tomorrow. Pitchers who have had to miss large portions of Spring Training have frequently had off-years as a result: Boras’s greedy practice of representing competing talents may result in off seasons and even damage to their careers.

All of this could have and should have been avoided, and would have been, if baseball’s agents were subjected to any genuine ethical regulation.

Now here is the post… Continue reading →

Friday Open Forum: Waiting to See If I’m Right…

/ Jack Marshall / 15 Comments

Judge Scott McAfee confirmed yesterday that he will announce the fate of Fulton County’s designated “Stop Trump!” agent Fani Willis some time today. From the moment your friendly neighborhood ethicist heard the basic facts in this annoying story I was convinced that one way or the other she would have to leave the Trump case. One of my legal ethics colleagues emphatically disagrees, arguing that whatever conflicts of interest she created by hiring her illicit boyfriend to help prosecute Trump were matters of legal ethics discipline but irrelevant to the defendants. He also pooh-poohed the “appearance of impropriety” issue, echoing the American Bar Association’s logic when it took that category out of the ethics rules: actual impropriety matters, the mere appearance doesn’t.

Yet Willis is a government attorney, and employees of the state are required to avoid the appearance of impropriety because it erodes the public trust. If there was ever a prosecution that mandated a squeaky clean leader beyond suspicion or reproach, this is it. Instead, Willis has left an odoriferous trail of conflicts, arrogance, hypocrisy, dubious explanations and likely lies, all supported by her obnoxious reliance on race-baiting. I have been certain that she would eventually go down for all of this, and that my learned friend–who is apolitical— as well as the my myriad partisan-biased colleagues in the legal ethics association I belong to are wrong.

Well, we shall see . If you see Fredo (“I’m smart! I’m not dumb like everybody says!”) leading off a post today, you’ll know I was right.

Meanwhile, talk about whatever interests you in the Wonderful World of Ethics.

Oh-Oh. Another Ethically Obtuse Question for “The Ethicist”

/ Jack Marshall / 6 Comments

Maybe it’s just a coincidence, but it sure seems to me that the questions being asked of the New York Times “The Ethicist” column (or the ones he’s choosing to answer) are increasingly obtuse. This suggests a dangerous trend. Are most Americans really that ethically incompetent? Or are the increasingly frequent (it seems to me) instances of blatantly unethical conduct modeled by our elected leaders and shrugged off by our news media causing galloping ethics rot?

The latest query for “The Ethicist” was, in my estimation, steeped in grade school-level ethics ignorance. A female designer who used to work for a sexually harassing boss when she was just getting started eventually told the bastard off and was fired in retaliation. Now she asks,

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I LOVE This Lawsuit! It Might Be the Best “Great Stupid” Lawsuit Yet!

/ Jack Marshall / 6 Comments

Mohammad Yusuf, a 43-year-old Chicago police officer, has filed a federal civil rights lawsuit against the city because it refuses to allow him to change his race from “white” to “of color,” or something. The Chicago police department allows cops to change their gender identity according to whim, and he argues that this is a double standard.

Yusuf “currently identifies as Egyptian and African American.” When he first joined the force in 2004, the Great Stupid had not yet spread darkness over the land, and he only had a few race option to choose from, he says. Now he believes Caucasian is inaccurate, and besides, despite the woke Chicago police department claiming to have a race-neutral and merit-based promotion system, Yusuf claims he has been “repeatedly bypassed” for promotions in favor of less qualified black officers.

No, really? I don’t think Chicago would ever be a party to something like that, do you? Well, if you can’t beat ’em, join ’em, as the saying goes.

Did I mention how much I love this lawsuit?

Yusuf even provided his 23andMe genetic testing results to prove he is mixed race and it all depends on which he chooses to identify as when it comes to tribal designations and their DEI rewards. Still, the police department obstinately refuses to allow him to be black. It’s strange, his lawyers argue, that other officers can change their genders on official records, since no genetic test would back that up. That Y chromosome is there for life. Is this not a double standard?

“While other CPD officers are afforded the opportunity to have their gender identity corrected to match their lived experience, Officer Yusuf and others in similar positions are barred from obtaining accurate racial designations that align with their racial identity,” the suit says.

Isn’t this great?

Regarding THIS…

/ Jack Marshall / 8 Comments

Apparently, as I have noted before, the Biden Administration doesn’t believe in firing anyone—well, anyone who doesn’t behave like this clown—which is itself a form of incompetence and avoidance of responsibility. A competent President who wasn’t more concerned with avoiding conflicts with the loosely-allied progressive tribes in his party than with upholding standards of conduct, ethics, and performance under his authority would fire everyone behind that screed above.

All right, he would do it immediately after giving Merrick Garland, Pete Buttigieg, Anthony Blinken, Lloyd Austin, Dr. Miguel Cardona, Alejandro Mayorkas, Linda Thomas-Greenfield, and Karine Jean-Pierre their well-earned pink slips.

No executive in any organization has to tolerate public dissent like this regarding his or her leadership. For a President, such open defiance is divisive, confusing to the public, disloyal and disrespectful. It also erodes trust. The proper way for any staff member in any pursuit at any level to express his or her disagreement with the organization’s policies and actions is to do so privately, through proper channels, or publicly after resigning. Those are the only ethical options, and the latter course has severe ethical limitations based on confidentiality and mutual trust.

Having a staff express disagreement with a President and his administration as the letter jaw-dropping above does is unprecedented, and it had better not become institutionalized, because no government—indeed, no organization—can function effectively and with the full confidence of its constituency and stake-holders that permits such rebellions.

Moreover, even if such grandstanding could be justified—there must be an exception out there somewhere—this surely wouldn’t be an acceptable precedent. The letter above absurdly supports an act of self-terrorism by a mentally-disturbed fool, thus aligning themselves with the radical agent of chaos who issued this tweet…

Brilliant. This New York-based writer and apologist for terrorism lumps protesting peacefully, dissent, marching and heckling politicians in the same category as suicide, rioting and law-breaking. Yet even he has a better grasp on reality than “the Staffers for Ceasefire.” In a related tweet, he suggests to these fools, “The best eulogy you can offer Bushnell is resigning en masse.”

Exactly. By all means, honor that pathetic would-be martyr.

Theirs isn’t even smart dissent, persuasive dissent, or patriotic dissent. The letter represents a group of people who are making policy recommendations above their pay-grade, literally, and displaying their biases and ignorance while doing so.

Biden should fire each and every one of them. That he doesn’t and won’t would be proof of his unfitness to lead and incompetence as a Chief Executive even if he could sing ” I Am the Very Model of a Modern Major General General” backwards in 12 languages, including Urdu.

Comment of the Day: “Second Most Incompetent Elected Official of the Month: Rep. Barbara Lee (D-Cal)”

/ Jack Marshall / 4 Comments

Posting today has been a real chore, because I began it with a funeral and a Catholic Mass, both of which always exhaust me, and the old friends I saw there (most of them, anyway) looked so much older than the last time I saw them that I am afraid to look in the mirror.

That makes two reasons I’m grateful for Humble Talent’s Comment of the Day on the post, “Second Most Incompetent Elected Official of the Month: Rep. Barbara Lee (D-Cal).” I’m exhausted, and the ethics issue he raises is a crucial one without an obvious solution.

Here it is:

***

The horrible thing about this conversation is that people like Lee have this nugget of truth, uncleverly hidden inside the fragrant package of their bullshit proposals, and that is that we need a plan going forward for labor. Workplace participation is going down, wages have been stagnant, cost of living is increasing, food back participation and foreclosure rates are rising… “Stock line goes up” be damned, the bottom seems to be falling out.

I don’t know what you realistically do about this. A “$50 minimum wage” seems like the kind of toddler thinking Democrats are good at: Address the problem by treating the most surface level of symptoms, realities of the market be damned.

Because the reality is that automation is already stealing jobs, and increasing the cost of labor just makes automation investment that much more appealing. That spirals into a situation where I think the average person is going to be unemployed.

And I don’t have the answer. This is a topic that keeps me up at night.

Frankly, I think that the decent into a laborless economy is unavoidable, it’s just a matter of time, regardless of whether or not we speed up the process with stupid policy. Right now, “Truck Driver” is the most common job in 29 out of the 50 states. As technology gets cheaper and as labor gets more expensive, eventually, I don’t think it’s impossible that in 20 years, self-driving vehicles will have made that job obsolete. What do you think that does to the market?

I think the fight that’s coming up is going to be whether we purposefully throttle innovation in order to preserve jobs, or we accept that the majority of people aren’t going to labor physically, and we start to conceptualize what that looks like. And again… Thoughts that keep me up: Even if we throttle our technology our adversaries won’t, so I don’t think that choice is viable, and I think the alternative is a deeply taxed, deeply controlled form of socialism. Which is obviously undesirable, but what else does capitalism look like when your average person owns nothing, and has no prospect to move forward with?

The Super Bowl Produces an Early Nominee For Ethics Alarms “Asshole of the Year”: KC Chiefs Tight End Travis Kelce

/ Jack Marshall / 26 Comments

Cowabunga! This goes beyond the mere jerkish behavior one (or at least I) expects of NFL players.

Kelce has been getting nationwide publicity because of his romance with superstar pop artist Taylor Swift. He knew all eyes would be on the couple during the annual concussion-fest that is always the most viewed single event network TV offering, the Super Bowl (won in thrilling fashion, or so I was told, by the Chiefs in only the second overtime game in SB history). So how did Kelce, fully aware that his fans young and old would be watching, handle his moment in the spotlight?

You see it above: After the Chiefs lost a fumble in the second quarter of the game, Kelce was seen on live TV yelling in Coach Reid’s face and even bumping him. In any other sport, and usually this one, the disrespectful player would be benched, fined and suspended. One NFL player, seeing Kelce’s outburst, tweeted that if he did something like that, he’d be kicked out of the NFL.

Oh no, it was all in good fun, we were informed afterwards. Even though he embarrassed his coach and taught young NFL and Taylor Swift fans that it’s just fine to treat your superiors, bosses and authority figures like dirt, “sources” on the team assured the media that the player “respects Coach Reid. It’s really just about the passion of the game. It wasn’t anything serious.”

Right. Making hostile physical contact with your boss in front of team mates on national TV is nothing serious. I remember Reggie Jackson doing something similar to Yankees manager Billy Martin in the dugout during a game in Fenway Park, and Martin had to be restrained from attacking Reggie, who was immediately suspended.

But Martin had some self-respect, and Reggie wasn’t dating Taylor Swift, I guess. And Kelce? Asked about his actions, he told ESPN. “I was just telling him how much I love him.”

Ha. Funny.

What an asshole.

To be fair to Kelce, he probably already is suffering from brain damage, so that’s something of a mitigation. He and Taylor shouldn’t worry: Donald Trump is still the odds on favorite to win “Asshole of the Year,” as he usually does.

The Drag Queen School Principal Principle

/ Jack Marshall / 2 Comments

I was going to make this tale an ethics quiz, but decided that we’ve settled this issue before.

Dr. Shane Murnan had been the principal at John Glenn Elementary School in Oklahoma City since June. After he was hired, The Libs of TikTok revealed last September that he was an extracurricular drag queen, and placed photos of him as “Shantel Mandalay” on social media. Predictably, conservatives pounced and demanded that he be fired, while the school defended him. The uproar intensified, however, and Shantel was eventually placed on administrative leave.

Now he has resigned, finding that the scrutiny and criticism from social media and elsewhere is too much to bear.

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The Deceitful January Jobs Report

/ Jack Marshall / 13 Comments

It seems increasingly apparent that the Democrats and Joe Biden’s election strategy, besides trying to convince the public that Donald Trump is the spawn of Hitler and Satan, is to lie, deceive and gaslight voters into believing that down is up, bad is good, and that Biden has done a wonderful job even though by all visible markers his administration has been a disastrous failure.

In the latest example, the January jobs report was hailed by Joe and his minions as more proof that the economy was not just good, but spectacular. Naturally, the news media carried the message. “January Jobs Report Was a Blowout. Disregard the Seasonal Noise” proclaimed Barrons. NPR, our Democratic Party mouthpiece, crowed, “The U.S. created an extraordinary number of jobs in January. Here’s a deeper look.” “U.S. employment soars by 353,000, stunning Wall Street,” said an obviously stunned MarketWatch. “Another shockingly good jobs report shows America’s economy is booming” said CNN. The New York Times joined the parade, as expected: “Blockbuster Jobs Report Backs Up Fed’s Patience as It Waits to Cut Rates.” NBC News was positively giddy: “The great American jobs machine keeps revving in an election year.”

My son, an auto mechanic who is, as far as I can tell, completely apolitical, had just recently conveyed a completely different picture. He says that everyone he knows is struggling financially, and that he personally had a disastrous month because he is largely paid by the hour. Few Northern Virginians were bringing their cars in to be serviced. “Nobody has any money,” he told me. He worked the fewest hours last month than any time since the pandemic lockdown. Apparently he wasn’t the only one.

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Ethics Dunce: National Public Radio

/ Jack Marshall / 6 Comments

…or maybe I’m the Ethics Dunce: I assume that NPR’s management cares whether half the country sees it as progressive cant parrot and a water-carrier for the Democratic Party. Maybe they don’t; maybe they have assumed deplorables don’t listen to “Marketplace” and “Fresh Air,” and certainly don’t contribute much during radiothons. I know I don’t touch the local NPR stations (there are two of them) ever since the “Car Talk” guys ended up in the garage for good and after I was dumped as NPR’s ethics guy because I was insufficiently critical of Donald Trump.

Where was I? Oh, right….National Public Radio appointed a new CEO, Katherine Maher, who had to hustle to scrub her social media record after the announcement because she periodically issued intemperate woke garbage in the past. Among the gems tracked down by reporter Shannon Thaler at the New York Post,

  • “Trump is a racist.”
  • “I mean, sure, looting is counter-productive. But it is hard to be mad about protests not prioritizing the private property of a system of oppression founded on treating people’s ancestors as private property”
  • “white silence is complicity”
  • “I grew up feeling superior (hah, how white of me) because I was from New England and my part of the country didn’t have slaves, or so I’d been taught.”

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