Workplace

Morning Ethics Warm-Up, 1/9/2018: Plan O, Bad Punditry, Racist Trash Talk, And Disrespecting a 101 Year Old Star

/ Jack Marshall / 31 Comments

Good morning, World!

1 Golden Globes hangover I. Following up on a point made in yesterday’s Golden Globes post, presenter Natalie Portman’s much-praised but unfair innuendo that the directors nominated in the “best director” category were there because of gender bias rather than the quality of their work was an example of shooting the bystander rather than the villain. The fact that women don’t get the opportunities to direct major films that men do–as a result of many factors, none of which relate to the relative directing abilities of the two pools–is not the fault of the male directors who get the jobs, nor does the fact of discrimination make the films that women do get to direct inherently better and more award-worthy than they are.

That said, the bias against female directors is real, and dumb. Here is an excellent article about it.

2. A Nation of Silly People. I warned that electing Donald Trump as President would eventually turn us into a Nation of Assholes, and that has come to pass with unexpected rapidity. I did not see the development resulting in the US becoming a nation of silly people, though that process was well underway already. The rush to anoint Oprah Winfrey as the savior of the Republic based on a speech at an entertainment awards show, however, is new evidence of the damage done to the nation’s values by the Trump trauma. Oprah is a cult, pop culture figure; a democracy deteriorating into a society where celebrities and cult leaders become political leaders was one of the fears expressed by our Founders. For the Left to embrace Oprah is stunning hypocrisy, after more than a year of (correctly) accusing Republicans of nominating a Presidential candidate with none of the qualifications traditionally required to be taken seriously as a contender for the office. Many unhealthy trends of long standing pointed to this eventuality,it is true: celebrity obsession, poor civic education, ignorance of history, and new age gibberish, plus the stunning absence of legitimate leaders in both political parties. Having followed O for a long time, since her days in Baltimore as a rising life-style reporter, I recognize a lot of warning signs regarding her ethical instincts, such as her addiction to talking about “personal truths,” which is just a sneaky way of endorsing “alternate facts,” her troubling anti-vaxx statements, her promotion of fake experts like Dr. Oz and Dr. Phil, her race-baiting, and more. There will be plenty of time to elaborate on these if and when her candidacy becomes more than a twinkle in E!’s eye. I doubt that we’ll get there, but as President Trump proved, you never know in the United States of America.

3. A “Nah, there’s no media bias against Trump” note: During the Golden Globes broadcast, NBC, that paragon of journalism integrity, tweeted this:

4. Fake news in irresponsible punditry.  I have been meaning to write about this op-ed by New York Times “contributing opinion writer” Kashana Cauley for more than a week now, and the task has seemed so odious that I have avoided it. It is as bad an op-ed as I have ever seen, full of false assertions, misrepresentations , rationalizations and racial hate. I wonder when the New York Times editors reached the point where they would regard such trash as fit to be published under its banner. Rather than dissect the ugly thing as I originally intended, I’ll let you do the work, with me just pointing out some, but far from all, of the features that make this such unethical op-ed page content. Continue reading →

As Expected, The Golden Globes Were Ethically Incoherent

/ Jack Marshall / 82 Comments

It is not surprising that last night’s Golden Globes award, pre-hyped as some kind of virtuous purging of the old, bad Hollywood culture where men used their power to sexually abuse women, and women submitted–and stayed silent—to achieve power and wealth of their own, was self-contradictory, hypocritical and incoherent.

What, for example, did the all-black outfits mean? Here is B-list actress Amber Tamblyn trying to explain in the New York Times:

“We actresses are not just modeling clothing when we walk a red carpet on award show night. We are modeling a kind of behavior. We are speaking in a coded language to other women — even young girls — that says: The way I look and what I wear and how I wear it is the standard for women. What is being worn is not an exception. It is the rule. You must dress a certain way and look a certain way if you want to be valued as a woman, no matter what you do for a living or who you are. We never intend for this to be the message we are sending with what we wear, but often it is the perceived one, whether we like it or not…Tonight, you will see just such an experiment as myself and hundreds of women from the Time’s Up movement will reject colorful gowns for black ones on the Golden Globes’ red carpet and at related events across the country. Wearing black is not all we will be doing. We will be doing away with the old spoken codes in favor of communicating boldly and directly: What we are wearing is not a statement of fashion. It is a statement of action. It is a direct message of resistance. Black because we are powerful when we stand together with all women across industry lines. Black because we’re starting over, resetting the standard. Black because we’re done being silenced and we’re done with the silencers. Tonight is not a mourning. Tonight is an awakening.”

Oh. What? This is Authentic Frontier Gibberish. I sincerely doubt that what actresses wear on the red carpet has as much influence, or even close to it, on young women as what the actresses wear in films and TV. The black is a statement of action? What action? Resistance to what? Anyone who thinks that now, suddenly, a hundred years of a corrupt culture has been erased, and that if a message is sent by a male director, producer or star that an ambitious young actress can prevail over her competition by acceding to a date, a grope, or a night of sex, that won’t get essentially the same results it always has is naive. Tamblyn doesn’t think that, and I guarantee that  Meryl Streep doesn’t think that. This means that the all-black stunt was just grandstanding, and a mass deception upon the public.

If this was genuinely turning the page, why didn’t any of the actors—not one–mention Harvey Weinstein? They didn’t because they are afraid that he might come back, that’s why. Mel Gibson came back. David Begelman came back. Hollywood has a cruel, venal, ethics free,culture, and all of these women and actors know it. They won’t burn bridges, not completely. This is why Rose McGowan, who was the most vocal and audacious of the abused actresses, one who took grave personal risks to accuse Weinstein of raping her and then paying her off, as well as Ashley Judd and Salma Hayek, who both went public with the abuse before other stars felt secure enough to come forward–Hayek wrote that Weinstein threatened to have her killed —were completely ignored during the ceremony. Nobody saluted them. Nobody thanked them. Harvey might take it personally.

When host Seth Meyers, in his opening monologue, mentioned Weinstein, it was with this  jibe “Harvey Weinstein can’t be here tonight because, well, I’ve heard rumors that he’s crazy and difficult to work with.”  (That was an anti-Trump shot, of course) “But don’t worry — he’ll be back in 20 years when he becomes the first person ever booed during the ‘In Memoriam’ segment.”

The crowd, supposedly there explicitly rejecting the Weinstein culture,  moaned and booed. What bad taste for Myers! Imagine, being mean to a rapist! (“See Harvey? I didn’t laugh! Can I read for that part?”) Continue reading →

Morning Ethics Warm-Up, 1/7/2018: Lies, Dunces, Fools, Villains, Hypocrites And Big Liars In The Resistance’s Plan E, “The President Is Disabled!” [Part I]

/ Jack Marshall / 43 Comments

I won’t lie to you…

It’s not a good morning,

(until Americas and journalists condemn this for what it is.)

1 The Big Lie Let us begin by calling the pile of news stories spreading the slander, libel and fake news that President Donald J. Trump is mentally disabled what it really is. It is part of a Big Lie strategy by Democrats, “the resistance”, and the mainstream news media to bring down the Trump Administration without having to win an election.

Because the term”Big Lie”  itself was coined by  Adolf Hitler, in his 1925 book Mein Kampf, and because the Nazis were themselves so fond of the tactic, many hesitate to use the phrase when that is exactly what is being done for fear that to do so will be attacked as comparing the Big Lie wielder to Hitler, Goebbels, or fascists. People are free to make whatever comparisons they like. Using a technique the Nazis mastered doesn’t make a group Nazis, but using a sinister, powerful propaganda weapon that honest and fair people recognize as vile and dangerous is unforgivable.

The claim that President Trump is suffering from dementia or some other form of mental disability is a big lie” by definition. Hitler called it a lie so “colossal” that no one would believe that someone “could have the impudence to distort the truth so infamously.” The idea, of course, is to make it impossible for the victim of the attack to ignore the lie, and require the victim and others to deny it. The lie is given currency by the denials, and then the Big Lie propagandists can focus on the denials rather than the substance of the lie itself, of which there is none. Brilliant!

An essential element for a Big Lie to work is extreme bias and bigotry. The absence of these in sufficient measure is why other recent Big Lie attempts, such as the theory that the Bush administration bombed the Twin Towers and the Pentagon, and the Birther claims, failed. The past year has demonstrated that, thanks in part to the unAmerican efforts by Democratic leadership to undermine the legitimacy and acceptance of President Trump’s election, and a non-stop negative tone and attitude in the reporting of the news regarding his administration, a very large component of the electorate is steeped in irrational fear and hate of the President that is emotional rather than rational. That’s bigotry, and it is the fertile solid where big lies flourish.

2. Why Plan E now? Plan E is one of the rotating plans (reviewed in #5 here) embraced at various times in the past year by “the resistance” to justify overturning the 2016 election.I touched on this yesterday. Plan J, the effort to force Trump to resign in the midst of the Terror-like, Harvey Weinstein sparked witch hunt to drive from positions of power make any man who ever allegedly engaged in any sexual misconduct ranging from a gross proposition to an impulsive kiss to rape, never came close to working, even though Democrats sacrificed an iconic Congressman and a rising Senator in the effort. The death knell of Plan J was when it was revealed that Democratic supporters, including the shameless Media Matters, were paying women, through lawyers or otherwise, to make accusations and bring law suits. The decision to re-animate Plan E was the furor and media feeding frenzy surrounding Michael Wolff’s latest book of whispered gossip, pay-back, rumors and spin, “Fire and Fury.” Wolff is a muckraking entrepreneur whose past books and articles have been frequently criticized for including speculation and outright falsehoods. Never mind: the timing of a sensational best seller purporting to dish the real dirt about the chaotic early day of the Trump White House as it struggled to find its footing and the man at its center, Donald Trump was too good to pass up. Wolff is no Bob Woodward, but as they say, any port in a storm. The new narrative is that Trump is nuts, or senile, or something. He’s not right in the head. Lots of people who work with him say so (anonymously), and lots of people who would have said or done anything to stop him from being President have been saying so all along.

3. This Big Lie’s essential smaller lies.

  • Prime among them is that anything new has occurred, or that there is evidence of the President’s mental/emotional unfitness that the public was not fully aware of long before they elected him. There isn’t. The re-emergence of the Plan E narrative is nothing more than a re-litigation of the campaign.

Trump critics (like me, as I variously described him during the campaign—and before–as unstable, narcissistic, infantile, stupid, deranged and worse, based on specific statements and incidents) always believed that he did not have the appropriate intellect, instincts, emotional make-up or character to lead the country, but the electorate did not agree, and that’s all that matters. Conservatives, Republicans and those just sick of the arrogance and divisiveness of the Obama administration adopted  the long-accepted Democratic position, specially reinforced to get Bill Clinton (and, hopefully, his equally ethics-challenged wife) elected and keep him in office, that only results matter, not character. This coalition  elected Trump despite his obvious flaws, and to some extent, because of them.

  • The second attendant lie to Plan E—maybe it should be #1– is that the 25th Amendment’s Section 4 allows the Cabinet to remove any President who isn’t literally unable to function. Section 4 states,

“Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.”

Until the Democrats began pretending otherwise, no one, not legal scholars, not Constitutional experts, not people who can read English, ever interpreted “unable” to mean anything but completely disabled: a major stroke, a coma, debilitating illness. A disabled President can’t sign documents, can’t make decisions, can’t delegate, can’t hold meetings, can’t even tweet. If the definition of “unable” bleeds into “doesn’t make decisions or express himself in ways others think are wise or prudent,” then the 25th Amendment becomes an open-ended means to achieve a coup….which is the real purpose of distorting it now. Underestimating the seriousness of this effort, or its existential danger for the nation, would be mistake.

  • Even if Trump were handicapped by a new mental or emotional problem, and there is no evidence that he is, Presidents battling such problems are practically the natural state of the office.  Too many Presidents have suffered through various health issues, physical and mental, in the course of their terms in office to count. The 25th Amendment was not put in place to allow a coup any time a President was temporarily diminished or not in top form. Several Presidents, including Lincoln and Teddy Roosevelt, suffered from clinical depression. They dealt with it. Others dealt with alcoholism, drug addiction, serious illness, narcissism, old age, and often many of these at once. FDR was dying during his entire last term, until he did in fact die.

Most of our leaders have been mentally and emotionally abnormal in one way or the other, because normal people don’t become President.

  • Finally, contrary to what “the resistance” and the media are peddling, the evidence indicates that the President has been doing his job surprisingly well. Those who hate him and his policies can’t accept or admit that, but it is a matter of record. There is no legitimate, objective evidence to support Plan E. That is why this is, in reality, a Big Lie.

Exposing a Big Lie takes a Big Post. I’ll get into the fools, dunces, villains and liars next.

 

 

Comment Of The Day (1): “Public Confidence And Trust (1): Observations On Gallup’s Trust In Occupations Poll”

/ Jack Marshall / 5 Comments

My post on the Gallup poll on public trust in various occupations and professions strayed into Charles Green’s wheelhouse, and the resulting home run comment enlightened us regarding why nurses keep “winning” the poll as the most trusted year after year after year.

Here is Charlie’s Comment of the Day on the post, Public Confidence And Trust (1): Observations On Gallup’s Trust In Occupations Poll:

Speaking just to the nursing angle: my work on trust has involved a diagnostic tool, the TQ (Trust Quotient), a self-assessment of the four components of trustworthiness in the Trust Equation:
(Credibilty + Reliability + Intimacy) / Self-Orientation.

70,000 people have taken it, and three results stand out above all others.

First, women are more trustworthy than men – a finding confirmed by informal polls in 397 out of 400 groups I’ve presented in front of.

Second, the most powerful factor of the four (defined as the highest coefficient in a regression equation) is Intimacy.

Third, the bulk of women’s outscoring men is their higher score on the Intimacy factor (again, intuitively true to the vast majority of groups I ask).

It’s in this context that I note the Gallup work (and other pollsters) finding of nursing at the top of the heap every year but 2002 (which was, not coincidentally, the year after 9/11 – and a year in which firemen, if only for that one year, took over the top spot.

Nursing is an 89% female profession. I ask my audiences, “Which of the four trustworthiness factors do you think nurses most embody: credibility, reliability, intimacy, or low self-orientation?” Most pick intimacy (with low self-orientation a frequent second).

Add ’em up: female, Intimacy, nursing – it’s a trifecta. Continue reading →

Morning Ethics Warm-Up, 1/6/2018: The “Too Sick To Come Up With A Good Headline” Edition

/ Jack Marshall / 24 Comments

He’s lucky: he has hair...

Good Morning!

1 A solution to a perpetual problem. I do the mandatory introduction to legal ethics for two jurisdictions. Both are early in the morning,and both have courts monitoring them, insisting that to get credit, attendees must be present for every second of the course. The problem: late arrivals. One of my jurisdictions had a tendency to let late-comers in if it’s just a few minutes, but sometimes it gets ridiculous. Once the line is blurred, when does it get hard again? I have sen the administrators tell a lawyer that she is absolutely the last one who will get a break, only to see another late comer burst through the door panicked, upset, and with a doozy of an excuse…and then another, and another. This is especially ironic because lawyers are ethically required to be on time to court, or else.

In my other jurisdiction, they deal with the problem by absolute enforcement. 30 seconds late, and you have to come back next month. It doesn’t matter why, it doesn’t matter where the lawyer came from (one had flown in from Seoul and was two minutes late). If you arrive after the doors are closed at 9 am sharp, you can’t get credit. This, as you might imagine, often sparks tantrums, tears, threats, and “Do you know who I am?” One furious attendee actually cast a curse on every bar employee in sight. I’m talking about a real curse, right out of the movies, pointing and chanting. Some months we have had more than ten latecomers in the lobby, acting like an angry mob, and threatening a riot.

This jurisdiction has solved the problem by recently telling all who need the course on the bar website and  in email messages that the program begins at 8:30 am, when it really doesn’t. In other words, the solution is a lie: if someone arrives at 8:59, there’s no problem.

Is this ethical?

2. Oh, this was obviously going to be an ethics rain wreck long ago. AG Sessions announced that the Justice Department would not be following the Obama Administration’s policy regarding federal anti-pot laws—which is to say, it would not signal that it wouldn’t enforce the law. As a result,  Corey Gardner, Republican Senator from happily stoned Colorado, announced that he would block any appointments to Justice until the Department charged with enforcing laws agrees to stop enforcing laws. What Sessions did is not the draconian reversal it has been represented as by the Angry Trump Hate Mob, Stoner Chapter. Read the order from Sessions here.

Never mind. Following the lead of California, which has officially announced that it will encourage breaches of the immigration laws, now Colorado wants to impede the functioning of national law enforcement to force the federal government to let another state veto drug laws. This is what we call “a dangerous and irresponsible trend.”

3.  The Tragedy of Joanie Cunnningham. The New York Times Magazine ended the year with biographical sketches, including the sad story of Erin Moran, aka Joanie Cunningham on “Happy Days,” who died of cancer in 2017. It’s an all-too-typical story of a child star with a dysfunctional family who grew up on a set without ever receiving the parenting and support she needed to be able to become a functioning adult. I knew about Moran’s problems after the show ended; I did not know that her bitterness about her fellow cast members stemmed from her feelings as a child that her TV family was a substitute her real family, and that they failed her. Of course, the Cunninghams, Fonzie, Ralph and Potsie had no duty to become Moran’s surrogate family, but I am not surprised that a child actor would feel this way, especially one who was  being neglected and mistreated at home the way Erin Moran apparently was. Interestingly, child actor advocate Paul Petersen has said that his TV mom and dad, Donna Reed and Carl Betz, did act as his surrogate parents in important and beneficial ways.

I continue to believe that using child performers before the age of informed consent is unethical. Continue reading →

Morning Ethics Warm-Up, 1/4/2018: A Frivolous Lawsuit, An Unscripted Actress, A Lesson In Assuming, And Fake News

/ Jack Marshall / 20 Comments

Good Morning!

1 On feminist integrity. The reader poll on the post about the interesting silence of US women’s rights organizations and their component feminists as their Iranian sisters protest oppression in Iran has already had more participation that the last four Ethics Alarms polls combined. Why is that? In more news related to that post, some determined spinners here claimed that the feminists have been burning up the blogs and websites with supportive essays and blog posts, so the radio silence is a myth. No, THAT was a myth: there is nothing on those sites, or if there is, it didn’t surface when I checked Ms., Jezebel, NOW and four prominent blogs. (Update: Reader Humble Talent has checked two more. Also nothing.)

Please don’t make up stuff or assume facts you haven’t checked when you don’t want to accept reality, friends. It’s not fair, and it’s not ethical debating practice. Because I trust and respect the commenter in question, I just assumed she was right, because I assumed she had checked. No, it appears she had assumed, and was not right.  And you know what Felix Unger proved happens when you assume..

2. This is why they give actors scripts. I enjoy actress Meryl Streep as an artist, but for me she is fast entering Alec Baldwin territory, a performer whose personal character deficits are becoming so overpowering that even her undeniable talent can’t make watching the performer on screen endurable. Streep is in a deep hole she keeps digging. Being a Harvey Weinstein acolyte and beneficiary for years (and a Roman Polanski apologist), she is denying culpability as an enabler of his serial sexual predation because, she says, she didn’t know. Almost nobody finds her denial credible. Yesterday the Times published a joint interview with Streep and her “The Post” co-star, Tom Hanks. Told by the interviewer that in light of the doubts about what she knew, the public wants to hear more from her, she responded,

“I don’t want to hear about the silence of me. I want to hear about the silence of Melania Trump. I want to hear from her. She has so much that’s valuable to say. And so does Ivanka. I want her to speak now.”

Streep locks up the 2018 Whataboutism of the Year title with that one, along with adding a ridiculous sentence into my personal collection of statements that deserve note because they had never been said before in the history of the English language. I started my collection decades ago at a family Thanksgiving dinner, when my sister said, “You know, the fish looks so good, I think I’ll wear my bra on my head.” And a collection was born.

“I don’t want to hear about the silence of me” has an elegant simplicity about it. In addition to being a strange sentiment, Streep also misses the whole concept of an interview—surprising, since she has done so many of them. See, Meryl, these questions are about what the public wants to hear about, not what you want to hear about. Was that really unclear to you until now? This was not an open invitation to announce all the things you’d like to hear about that have absolutely nothing to do with Harvey Weinstein. This is “Look! Squirrel!” carried to a demented extreme. Streep revealed herself as seriously Trump Deranged, as she thinks that the way out of every personal crisis is to declare, “But what about TRUMP????”

Looks like I won’t be watching “The River Wild” again. Pity. (I won’t watch “The Dear Hunter” again either, but then you never could have made me watch that thing a second time, not under torture or extortion.)

3. Now THIS is a frivolous law suit.  From CNN:
Continue reading →

Ethics Observations On The Steve Bannon-President Trump Blow-Up

/ Jack Marshall / 36 Comments

Excerpts from his new book revealed that journalist Michael Wolff extracted some highly inflammatory quotes from ex-White House aide Steve Bannon, who criticized his former boss, members of his family, and White House colleagues. In an unusually well-written, if unrestrained, response, the President used a rhetorical blowtorch on his former ally, writing,

“Steve Bannon has nothing to do with me or my Presidency. When he was fired, he not only lost his job, he lost his mind. Steve pretends to be at war with the media, which he calls the opposition party, yet he spent his time at the White House leaking false information to the media to make himself seem far more important than he was. It is the only thing he does well. Steve was rarely in a one-on-one meeting with me and only pretends to have had influence to fool a few people with no access and no clue, whom he helped write phony books.”

Observations:

  • Once again, we have the unforgivable spectacle of a once highly placed member of an administration team betraying trust to vent, to get publicity, to settle scores, or to cash in. It’s not whistle-blowing, and its not in the public interest. It hurts the current President and future Presidents, by making a breach of loyalty and confidentiality that was once unimaginable routine. David Stockman, Reagan’s bitter budget director, started this trend with a tell-all book after his star fell to earth, and now every Presidential appointee is a potential Judas. If any of these creeps were ethical, professionals or patriots, they would wait until the administration they had worked for were out of power and in the rear-view mirror, and ideally, way, way in the rear view mirror, like a decade or more. Better yet, they would take the secrets they were entrusted with to the grave.

But what’s the fun in that? More to the point, where’s the money in it? Ten years from now, Steve Bannon will be the answer to a trivia question. Continue reading →

Comment Of The Day Weekend Continues! Comment Of The Day : “Morning Ethics Warm-Up, 12/30/2017: Is Robert Mueller Biased? …Is President Trump A Robot?

/ Jack Marshall / 9 Comments

A single line in this morning’s  Warm-Up sparked this fascinating exposition by Ash. Here was the context:

Jay Malsky, an actor who has appeared in drag as Hillary Clinton. Melsky, while watching  the Hall of Presidents attraction at Disney World, began shouting at the audio-animatronic Donald Trump. (The Huffington Post said he “mercilessly” heckled the robot, showing  derangement of its own. Robots don’t need mercy, and you can’t “heckle” one either.)

Here is Ash’s Comment of the Day, primarily a quote but a perfectly chosen one, on the post, Morning Ethics Warm-Up, 12/30/2017: Is Robert Mueller Biased? Are The Patriots Cheating Again? Is Larry Tribe Deranged? Is President Trump A Robot?: 

“Robots don’t need mercy, and you can’t “heckle” one either.”

You should date this and file it, because I guarantee you, the way you treat Siri and Alexa and Cortana and Ok Google is *already* being described as problematic.

“Sexual harassment: there are no limits…According to Dr Sweeney, research indicates virtual assistants like Siri and Amazon’s virtual assistant Alexa find themselves fending off endless sexual solicitations and abuse from users. But because humans don’t (yet) attach agency or intelligence to their devices, they’re remarkably uninhibited about abusing them. Both academic research and anecdotal observation on man/machine interfaces suggest raised voices and vulgar comments are more common than not. It’s estimated that about 10% to 50% of interactions are abusive, according to Dr. Sheryl Brahnam in a TechEmergence interview late last year. Continue reading →

Morning Ethics Warm-Up, 12/28/2017: Bad Lawyer, Bad Losers, Bad Lottery, Bad Policy

/ Jack Marshall / 10 Comments

 

GOOD MORNING!

1 Gee, I wonder how this happened? I’m doing a year-end legal ethics seminar for D.C. Bar members this afternoon, and this story showed up in time for me to use. A federal jury has found Evan Greebel, the former lawyer for convicted fraudster Martin “Pharma Bro” Shkreli guilty of helping the fick pharmaceutical executive craft a scam to repay defrauded investors. You remember Shkreli—this guy, who entered the Hall of Infamy for his unapologetic price-gouging of the HIV drug Daraprim after he bought the rights to the drug and  then hiked its price from $13.50 to $750.

Prosecutors  claimed Greebel, Shkreli’s lawyer during  scheme, gave his client detailed advice on how to pay off investors in his  hedge funds, MSMB Capital and MSMB Healthcare, with his company’s  funds, as well as how to circumvent trading restrictions. He was also was accused of participating in fraudulent backdating of documents and helping draft phony settlement and consulting agreements. Greebel’s lawyers countered that Shkreli was an evil manipulator who dragged his own lawyers, unaware, into his crimes. his own lawyers. Greebel, they said, acted in good faith as the outside attorney for Shkreli’s company, and lacked criminal intent.

The news story ends with this:

“Greebel, a partner with Katten Muchin Rosenman, saw his annual salary triple from $355,000 in fiscal year 2013 to $900,000 in 2014, when he was advising Shkreli.”

The moral: Nothing freezes ethics alarms like a lot of money.

2. What do Roy Moore, Al Gore and Hillary Clinton have in common? They are lousy losers. Moore, the horrible GOP candidate for the empty Alabama Senate seat, has filed a lawsuit to try to stop Alabama from certifying Democrat Doug Jones as the winner of the U.S. Senate race. Moore lost by 20,000 votes, but insists that there were irregularities. He wants a fraud investigation and a new election. Once upon a time, even the losers in close elections where some funny things went on conceded gracefully and accepted the results. This was a traditional demonstration of respect for the system and democracy, and girded our elections from cynicism and distrust. Even Samuel J. Tilden, the Democrat who was cheated out of the Presidency despite winning both the popular and the electoral vote, acceded to the back room deal that gave Hayes the victory.

No longer. Al Gore permanently killed that tradition in 2000, and Hillary’s minions set the corpse on fire in 2016. Now losing candidates can be expected to exploit any excuse imaginable to try to reverse election results. This is a dangerous slippery slope the endless Florida recount put us on, and I fear that it will eventually slide into violence. Better that the occasional election be won illicitly than to have every election be a potential court case.

In other news, the determination of a tie-breaker to settle who won a decisive seat in Virginia’s House of Delegates has been delayed after lawyers representing Democratic candidate Shelly Simonds filed a motion asking a trio of circuit court judges to reconsider their decision to allow a controversial ballot to be counted as a vote cast for her Republican opponent.

Of course! Continue reading →

Ethics Dunce: Tavis Smiley (Tavis, Please Pay Attention: The Workplace Isn’t Your Dating Bar)

/ Jack Marshall / 19 Comments

“I’ll consent to your annual raise, if you’ll consent to going out with me…deal?”

(Now this is why companies and organizations that want to avoid sexual harassment problems need effective training sessions, ideally run by me.)

Tavis Smiley, the PBS talk show host suspended from the network and currently in the process of being erased from the culture due to allegations of sexual harassment, was asked by Tucker Carlson on the latter’s Fox News show about the propriety of a supervisor having sexual relationships with subordinates in the workplace. Smiley responded with this jaw dropper:

I certainly understand that there are persons who believe that there is no such thing as a consensual relationship in the workplace. I hear that. I can respect that point of view. But there are other opinions on this. In my employee handbook we do not encourage interoffice relationships but we don’t forbid it either because I don’t know how things are going to turn out in your life and you start hanging out with our company. I don’t know who you’re going to meet. And let’s face it, nobody’s working 40-hour weeks anymore. We are working 40-, 50-, 70-, 80-hour weeks. Where else are you going to meet people in this business?

His answer was self-indicting, deceitful, ignorant, stupid, and redolent of rationalizations.

Carlson didn’t ask about “consensual relationships in the workplace.” He asked about whether relationships between women and the men who have the power to fire them, promote them, give them raises or make their working lives a living hell are appropriate. The answer is no. Of course no. Nor can they possibly be called consensual. Quite apart from that aspect, such relationships, even if they are initiated by the subordinate, constitute per se unethical management. They undermine morale. They undermine respect for and the authority of the manager. They create suspicion and distrust of the staffer. They create a hostile work environment for all the women in that workplace. destroy staffs and organizations. They are the organizational equivalents of incest. They are wrong. Always. This isn’t a new discovery either. It should be obvious.

“Where else are you going to meet people in this business?” Well gee, Tavis, it sounds like you have a choice to make. Continue reading →