Workplace

Saturday Ethics Bits and Pieces, 10/24/2020: Sushi And Coyotes

/ Jack Marshall / 35 Comments

1. Another day, another police shooting where the black victim entirely brought his fate upon himself, resulting in, of course, another protest. This time the episode was in San Bernardino, California. An officer was dispatched at 11:16 p.m. in response a 911 call about a man jumping on cars in a parking lot. He’s “really drunk and he’s waving around a gun…and he’s just going crazy,” the caller told the police dispatcher. She described him as a black man with a white shirt and black shorts.

As soon as police learned he was black, they might as well have replied, “Sorry. He’s your problem.”

Body camera video shows the officer approaching Matthew Bender, who fits the description by the 911 caller. The police officer pulls out his gun and tells Bender, “Let me see your hands.” Bender  raises his hands briefly and then puts them back on his side, walking away from the officer and telling the cop, “Man, I’m going to the store.” The officer holsters his gun away and attempts to apprehend Bender, who tells him, “Don’t touch me!” The police officer wrestles Bender to the ground and tells him, “Stop fighting, dude.” Bender is seen on video reaching for an item in his waistband that appears to be a handgun.  As both men get up from the ground, and the officer draws his weapon and fires four shots at Bender, which proved fatal. A loaded, unregistered pistol was found on the suspect, who had a criminal record going back 17 years, , with arrests attempted murder, false imprisonment, domestic violence, theft and possession of narcotics. Shortly after the incident was reported, demonstrators shouting, “Abolish the police!” “Defund the police!” and “Fuck the police!” took to the streets, blocking  an intersection and attacking vehicles.

The policy the demonstrators in these episodes want is one where the police are defenseless, arrests are impossible, and black skin ensures immunity from law enforcement. This is neither just, fair, nor rational.

2. Give hate a chance. Hate is in, as you know: the Democrats are depending on it, and little else, to bring them victory next month. A website called BestLife developed a formula for determining the “most hated states,”  ranked from least hated to most hated. Who hates a state? I’ve been in 48 of them plus the District, and I like some more than others, but hating a state seems pathological to me. I assume the calculations preceded the George Floyd Freakout, because Washington, Oregon and Minnesota come out far too positively in light of their behavior since June. And why is Oklahoma the fourth most hated state?

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“Systemic,” A Four Part Ethics Alarms Depression, Part III: Higher Education’s Systemic Rot

/ Jack Marshall / 15 Comments

Not excused.

I promised not to pile on to ridicule the CNN legal analyst who for some reason only known by him and Priapus decided to—you know—while in the middle of a well-attended Zoom meeting, on camera. This presumably rendered the lawyer a permanent laughingstock whose career as a respected—well, not by me, but by progressive ideologues—commentator on law-related current events is probably kaput. It certainly should be kaput, but many have marveled that he has not been fired, just suspended, and some even are betting that after a “cooling off period,” he may be welcomed on CNN again.

I’ll take that bet.

Progressives and pundits are working so hard to spin his outrageous conduct that you would think he’s Bill Clinton or Joe Biden, worthy of the King’s Pass because of some unique value to the public, or at least to left-biased news coverage. He’s not; if there is one kind of expert that is as fungible as jellybeans, it’s legal pundits like…the guy whose name I promised not to mention again. But never mind that: any high placed employee of a company requiring public trust would be fired after an incident like this….including, I presume, a university professor.

Yet here comes University of Pennsylvania Graduate School of Education professor Jonathan Zimmerman to argue that masturbating on camera in a Zoom meeting is a “pseudo-scandal” rooted in Americans’ “collective unease with masturbation.”

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A Case Study: Here Is Why We Cannot Trust Polls And Pollsters

/ Jack Marshall / 13 Comments

GARBAGE IN-OUT

The Marist polling organization, which also had a presidential race poll out over the weekend, was widely publicized recently for its poll asking fans of professional sports why they weren’t following them as they had in past seasons. (The NFL, NBA and Major League Baseball have seen significant TV ratings drops in their respective weird, pandemic-marred seasons.) The headlines in one news source after another focused on a single “finding”: the invasion of political posturing by athletes had not played the primary role in driving fans away. “No, the increased political activism in professional sports doesn’t explain the ratings decline,” wrote Yahoo Sports, repeated by AOL. “And no, the sports where that activism is the most pronounced, like the NBA, haven’t suffered more in comparison.”

That may or may not be true, but the Marist poll cited didn’t indicate either of those conclusions, because those polled were not asked about either issue with sufficient precision or clarity.

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Facebook, Meet The Slippery Slope. Slippery Slope, Facebook. Public, PAY ATTENTION!

/ Jack Marshall / 8 Comments

censorship

This issue doesn’t need a lot of exposition—I hope, at least not among this enlightened and educated readership— but it is important.

Facebook CEO Mark Zuckerberg announced yesterday that his platform will now block posts and inks that argue that the Holocaust didn’t happen or has been exaggerated. , Facebook  is increasingly a taking action to undermine what it considers  conspiracy theories and misinformation, using the approaching U.S. presidential election as justification.

It isn’t. Facebook is too powerful a platform for public discourse and communication to engage in picking and choosing which opinions and assertions are worthy of being read and heard. In addition, Facebook is not objective, unbiased or trustworthy…or competent. I know this for a fact.

It bans Ethics Alarms. Case closed.

Holocaust survivors around the world have pushed Zuckerberg this summer to remove Holocaust denial posts from the social media site. The effort was coordinated by the Conference on Jewish Material Claims Against Germany, which used Facebook itself to promote its suppression efforts, posting one video per day urging him to remove Holocaust-denying groups, pages and posts as “hate speech.”

Once again, and this also is a fact, what is labelled “hate speech” is too often a matter of bias on the part of the hate speech accusers.

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Columbus Day Ethics Voyage, 10/12/2020: Portland And Washington, Which, Had Chris Known His Discovery Would Lead To Such Dens Of Madness, Might Have Caused Him To Turn Back

/ Jack Marshall / 8 Comments

When you see me a day off like this, please understand that it is a direct result of the new, mandated, stupid WordPress system making it literally impossible to complete a post on my laptop. (Having a newly rescued, affection starved  large dog desperately needing to climb onto your lap doesn’t help either.) Once the office is closed for the night, getting back up there to complete a post is nigh impossible, not to mention domestically perilous, if you get my drift.

1. In Ethics, we call now this kind of problem “Portland”… Portland software company New Relic is roiled with a controversy over CEO Lew Cirne’s donations to a private Christian school that excludes gay students and opposes gay rights and to a controversial evangelist Cirne’s wife is a contributor to President Donald Trump’s reelection campaign. Can’t have that!

The aggrieved employees say Cirne’s personal values are not consistent with the “message of inclusion”n the company claims to represent. They see his wife’s donations to the President of the United States as also antithetical to the company’s stated values.

One New Relic employee told the media, “That is deeply concerning to me, especially to someone who is queer. I don’t feel like those diversity and inclusion initiatives are real or will be protective of me,” and says the company lured her into a false sense of security with its diversity pledges, pulling a bait and switch.

I advise Cirne to make this statement as soon as possible. No charge for my advice, and I recommend it, as an ethicist, to any company executive who encounters similar criticism:

“Our company does not mandate particular political opinions or social views among its employees. In the United States, we are blessed with freedom of expression, association, speech and religion. It is literally none of our business. As long as employees confine their conduct to company policies and values while doing their job, they have met all of their obligations to the company.

Similarly, executives of this company have those same rights, and will exercise them as they see fit. It is none of anyone’s business in this company how the company’s leadership or their family members choose to direct their charitable donations or devote their private time. Employees who cannot meet these fair and essential requirements are invited to seek employment elsewhere.

In addition, any employee, at any level of the corporation, who presumed to criticize another employee’s family members for their personal political or charitable activities is subject to firing for cause.”

[Pointer: Matthew B]

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The American Bar Association Has Lost Faith In Professionalism, It Seems.

/ Jack Marshall / 12 Comments

For as long as I can remember, lawyers took pride in that fact that they could pound away at each other in the court room, shout, sneer, mock and beat an adversary into a metaphorical pulp, and put it all aside the second the case was finished. The idea that being friends, even close friends, with an opposing advocate compromised a lawyer’s determination and willingness to fight for his or her client was an anathema to the whole concept of professionalism. During the Civil War, West Point classmates on opposite sides sometimes met before a battle, shared a whisky, old memories and a few tears, and the next day did their best to kill each other. That mindset was analogous to how I was taught lawyers were supposed to behave, and, indeed, did.

Now the American Bar Association has apparently decided that it was all a myth. In  Formal Opinion 494, “Conflicts Arising Out of a Lawyer’s Personal Relationship with Opposing Counsel,” the ABA expresses doubts that many lawyers are up to the task.

“A personal interest conflict may arise out of a lawyer’s relationship with opposing counsel, the ABA now says. “Lawyers must examine the nature of the relationship to determine if it creates a …conflict and, if so, whether the lawyer reasonably believes the lawyer will be able to provide competent and diligent representation to each affected client who must then give informed consent, confirmed in writing.”

The opinion breaks possible personal relationships into three categories:

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My Mentor, My Friend: David J. McCarthy, 1935-2020

/ Jack Marshall / 14 Comments

Dave McCarthy

I have many things I want to write about, but this is something I have to write about.

I learned recently that my friend, mentor, teacher and my first boss David J. McCarthy, Jr. died on October 1, at the age of 84.  The key word here is probably mentor, but I’m not certain I have the perfect word for David. What do you call the person who probably did as much to influence the course of your life, all positively, than anyone else other than your parents? That was him. I know: I understand the real meaning of “The Road Not Taken.” It’s possible, even likely, that I would have ended up in the same place, or close to it, without someone pointing me to a path I had never considered at a point when I was desperately looking for options. But if a butterfly flapping its wings in the Amazon can cause a hurricane in Milwaukee, David McCarthy was the pterodactyl flapping his wings who changed, literally, everything in my life.

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Theoretically Tuesday Ethics Nightcap, 10/6/2020 (All Right, Both Of These Should Be Individual Posts): The Impending Wauwatosa Riots And Reflections On The Distinction Between Racism And Being Treated As A Minority

/ Jack Marshall / 54 Comments

Back to the Future

Why “theoretically”? This post was almost finished at about 6:15 pm yesterday. Then I heard a scream from my wife: Spuds, our delightful rescue dog of a month’s duration as a Marshall had somehow shed his lead and dashed off in the direction of the field behind the school near our house. I had to fumble for my shoes (I’m barefoot most of the day—keeps the gout away!) and a sweater, pause for a brief, clearly unfair “how could you let this happen?” exchange with Grace (that I paid for later,) and went running in the direction of my wife’s “He went thataway!” finger. The odds were high where Spuds would be. Of late he has frequently joined a small group of delightful dogs (there’s Snow, Star, Minnie, Hunter, and other occasional drop-ins) and their owners for a sundown romp. He was not scheduled for a playdate, but had decided, I assumed, to schedule one himself. Sure enough, there he was, wrestling with Snow the Samoyed. It only took me about twenty minutes to collar him: he knew he was in trouble.

After that adventure, I was beset by one vicissitude of life (my Dad’s phrase) after another, and never got back to the office….until now, at around 4:30 am Wednesday morning. Spuds woke me by rolling over onto my face, and I decided to finally get this post up.

1. Oh great: here comes another one. Wauwatosa, Wisconsin police reported that a 17-year-old fired a gun before he was fatally shot by a police officer in a Mall parking lot in February. There is no question that the shooting victim, Alvin Cole, had a 9 mm semiautomatic handgun and ammunition on his person when he was shot; they were recovered at the scene. The gun had been stolen. Police were summoned after a disturbance was reported inside the mall; Cole ran from police and according to the police report, fired first. Officer Joseph Mensah fired five shots at Cole, police said, killing him.

Tomorrow, that is, on the October seventh, the DA is  supposed to hand down the decision of whether to indict Mensah. Fortunately, Mensah is black, so the racist cop trope is a bit harder to maintain that in other recent incidents. But now, thanks to so much of the culture swallowing whole the false litany of Black Lives Matter,  the assumption is that any time a black man, and especially a teen, is shot in a confrontation with police, it’s an example police brutality. If Mensah was white, I assume the riots would have started already. The city is preemptively closing the schools and City Hall among other pre-riot measures. Once again, Facts Don’t Matter.

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Yes, Fire This Teacher, Make Sure He Never Teaches Again, But That’s Just The Beginning…

/ Jack Marshall / 22 Comments

Stanton

Tacoma, Washington sixth grade technology teacher Brendan Stanton needs to be fired, but that’s only the beginning. His conduct needs to be widely publicized, and the consensus needs to emerge that the kind of conduct he engaged in…

1. Is unacceptable.

2. Is abusive

3. Is indoctrination rather than education

4. Is all too frequently allowed, enabled, and even surreptitiously encouraged in the educational system

5. Must stop.

Those who are inclined to defend Stanton should also be flushed out, condemned and declared to be what they are, and what they are is not reasonably disputable. They are deliberate enemies of American values and democracy. They should have a metaphorical red E, not on their chests, but their foreheads.

Now that all of that is out of the way, and I’ve had a stiff drink, here’s what Stanton did.

Each day, Stanton asks his remote learning students at Perry G. Keithley Middle School students a daily question, requiring students to write their answers in the online chatroom. According to a screenshot, one boy  wrote:

“I admire Donald J. Trump because he is making America great again. And because he is the best president the United States of America could ever, ever have. And he built the wall so terrorists couldn’t come into in the U.S. Trump is the best person in the world. And that’s why I admire him.”

Can’t have American students professing admiration of the President of the United States now, noy when a virtuous and woke teacher runs the class! Stanton kicked the vile child t out of the chatroom, deleted what he wrote lest it corrupt others whose brains and opinions he was assiduously molding to his personal specifications, and proceeded to attack the President and the student.

Incidentally, according to Gallup’s annual poll, President Trump tied with Barack Obama in 2019 as the most admired man in America. Parenthetically, he wouldn’t make my top hundred (neither would Obama).

“The example that was shared in the chat, which I went ahead and erased for us, was not appropriate right?” Stanton told his class. Especially as that individual has created so much division and hatred between people and specifically spoken hatred to many different individuals, ok? Again, that individual has spoken hate to many individuals and I don’t think is an appropriate example for a role model that we should be admiring.”

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Notes From The Great Stupid: “I’m an Asian TV Writer. Should I Take on Projects With Black Leads?”

/ Jack Marshall / 9 Comments

As you may have guessed, that a question posed recently to Kwame Anthony Appiah, “The Ethicist” of the New York Times Magazine. Unlike most of the queries to that column that I periodically discuss here, I don’t think the question is difficult, challenging, or even interesting. What is interesting is that anyone would ask it, and further, that someone like Appiah would deem it worthy of spending over 800 words treating a question as a genuine ethics conundrum that is, in my view, merely evidence of brain seepage provoked by George Floyd Freakout propaganda.

The whole question was,

I’m an Asian television writer who has been extremely lucky in working fairly consistently since my first gig. I’m now in a position where people reach out to me to develop new projects. When these projects feature a Black lead character, is it ethical for me to pursue these opportunities?

As an Asian (and a woman), I’ve definitely experienced my fair share of racism and discrimination, and I can write authentically about that experience. But I’m “just” Asian, and I may be taking a job from a Black writer. Or because it is Hollywood, it’s more likely I’d be taking the job from a mediocre white dude, which, ethically, I feel just fine about. If any of these projects got off the ground, I’d be able to create a lot of opportunities for other BIPOCs, but again, it’s Hollywood, so who knows how likely it is the project would ever get to that stage.

The question is: Where do I, as an Asian, fall in this movement? I don’t want to be a tool of white supremacy, but visibility is important for my community too. Name Withheld

I admit that I have little patience for ethics navel-gazing when the answer to such question should be obvious, and thus the response to “Name Withheld” should begin with, “What the hell is the matter with you?” To his credit, “The Ethicist” gets this one right, but man does it take him a long time, apparently because he doesn’t want to seem unsympathetic to flagrant virtue signaling by Name—I wonder if that’s a common Asian moniker…

I would be tempted to respond,

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