Ethics Dunce: “Above The Law” Creator David Lat

The guy on the right feels happy and safe with everyone knowing he's gay, so the guy on the left is a fool for not wanting a sleazy website to tell the world that HE'S gay. Wait..WHAT?

The guy on the right feels happy and safe with everyone knowing he’s gay, so the guy on the left is a fool for being angry at a sleazy website for telling the world that HE’S gay. Wait..WHAT?

Every now and then, the Washington Post publishes an opinion piece from a guest commentator that crosses the line  distinguishing eccentric from irresponsible. Today’s essay by David Lat, the founder and CEO of the legal industry gossip site Above the Law, is an example of this bad habit. How wrong do one’s logic, values and message have to be before the Post deems them unworthy of promotion and wide consumption? Apparently, there is no limit.

Lat’s essay flagged its obtuseness immediately in its title: “Being Gay Isn’t Shameful, Do Why Does Outing Matter?” (The online version is “Peter Thiel had no reason to be angry at Gawker for writing that he’s gay.“)

The impetus for the article—it is so ethically deranged that I almost think it has to be a joke: who thinks like this?—is the news this week that  wrestler Hulk Hogan’s devastating and perhaps fatal lawsuit against Gawker Media was bankrolled by Peter Thiel,  the billionaire co-founder of PayPal and an  early Facebook investor.  Gawker outed him in a 2007 story, and Theil is using Hogan’ suit over Gawker revealing a sex tape to try to put the ethics-free celebrity-abusing site out of business. Thiel is just being petty and unreasonable, says Lat. Lat is gay and proud of it, so  Thiel should be too!

Writes Lat—whose own gossip site is not above revealing embarrassing facts about well-known figures for its readers’ titillation: Continue reading

Tales Of The Self-Righteous And Incompetent: Lawyer/Teacher Malik Leigh And His Donald Trump Exam Question

Malik Leigh

Malik Leigh is an attorney who teaches in Palm Beach Lakes High School’s pre-law academy. He submitted an exam for review, as the school requires of all tests, that included this question:

“If Donald Trump becomes president of the United states, we are:

A.) Screwed

B.) Screwed

C.) Screwed

D.) Screwed behind a really YUGE wall that Mexico pays for.”

In another question on the same test, this lawyer—and I’m still trying to get my mind around that embarrassing fact— asked

“When performing an opening statement, it is best to:

A. Wink at the Judge

B. find the hottest person on the Jury and focus your words on them

C. Speak to them as if they are cordial friends.

D. Treat them like the MORONS they are.”

Leigh was suspended.  The letter he received from Principal Cheryl McKeever announcing the suspension stated that the questions contained “inaccurate content, irrelevant material, unprofessional use of language, inappropriate use of language.” Continue reading

The Unethical Ethicist And Yale: If Bill Cosby Were A Famous Ethicist, He’d Be Prof. Thomas Pogge

The Accuser and the Ethicist

The Accuser and the Ethicist

Here is the short version:

Yale’s Thomas Pogge is a world famous Yale professor of philosophy and ethics who is especially renowned for condemning the terrible human rights effects caused by disparity of resources between rich countries and poor ones. His books, lectures and a well-recieved TED talk argue that the power imbalance between rich countries and poor countries is so great that poor countries cannot reasonably be said to “consent” to agreements between them. Pogge has also accumulated many credible accusations of exploiting, harassing, and taking sexual liberties with his female students in multiple institutions. In the case that has led to this contrast becoming public, Yale offered a female accuser, a Yale graduate named Fernanda Lopez Aguilar, $2000 in exchange for ending the matter and keeping the story out of the news media.

The long version is here. Because the publisher is BuzzFeed, which is not widely regarded as a sterling source of trustworthy journalism (to say the least), the detailed and apparently well-researched report will be easy for Pogge and Yale to ignore and shrug off. However, other publications, including the Yale Daily News, have investigated the work of author Kaitie J.M. Baker, and so far it has held up to scrutiny.

Pogge has responded, less than convincingly, I would say, to the Lopez Aguilar allegations here. I say unconvincingly because he does not address the previous accusations made against him at Columbia University, and if there is one common characteristic of sexual harassers and abusers that stands out above all others, it is that they are habitual and repeat offenders. Anyone who has spent any time in academia (like me) is well aware that the culture permitting professors, especially male professors, to use the student body and bodies as a sexual perk of the job is widespread and only weakly restrained, if at all. Does that prove that Pogge is one of the professors who partakes in the lusty opportunities presented to him as an object of trust and admiration? No. There is, however a lot of smoke surrounding him, and the smoke has been issuing for a long time.

Yale’s institutional conduct is more than smoke. Yale appears to be another example of a trusted institution deciding that it is preferable to cover up the possible, likely or proven misconduct of a valuable employee than to risk damaging the reputation of that institution, or alienating the loyalties of other employees, by addressing it openly and decisively. I’m sure you can name other infamous examples of this phenomenon, broadly covered by the rationalizations “The King’s Pass” and “The Saint’s Excuse” on the Rationalizations List. Among the most infamous of these are the Catholic Church’s decades, perhaps centuries-long enabling of child sexual predators in the priesthood, the Watergate cover-up by the White House, and Penn State’s failure to stop a known child predator from using the school’s football program and its campus as a base of operations. Yale’s particular variety of this unethical choice is an especially unsavory one, closer to the Joe Paterno/ Sandusky and “Spotlight”scandals, because it intentionally  places future innocent victims at risk of harm.

I accept that there is a possibility that Pogee is an impeccable  professional and as pure as the driven snow, and thus himself a victim of a smear, though this seems unlikely. What I am more interested in now is to address the questions asked in the BuzzFeed piece, which relate to how we should regard unethical ethicists as well as other prominent figures who defy, in their actions, the wisdom they are celebrated for dispensing to others—the Bill Cosbys of the world.

I have some additional questions of my own, but for now I will restrict myself now to those posed in the article. Continue reading

Ethics Hero, If A Bit Late To The Party: Maryland Attorney General Brian Frosh

Horrified by this story in the Washington Post and others like it,  Maryland Attorney General Brian Frosh has filed suit against Access Funding and other viatical settlement companies, asserting that they take advantage of vulnerable victims of lead poisoning by purchasing their structured settlements at less than fair-market value.

Gee, ya think?

I have written about this many times and in other forums, and even been threatened by a few the despicable companies (“It’s your money!”…”I have a structured settlement and I need cash now!”) in this cruel and predatory industry. 

Few in the general public know about it or understand what’s going on. Structured settlement are annuities bought by insurance companies to ensure a regular flow of compensatory damages to personal injury and medical malpractice plaintiffs to cover their medical costs and living expenses. The settlements aren’t given out in lump sums because many such plaintiffs are poor and have no experience handling money. A large payment of millions of dollars guarantees that needy family members and friends will beg, plead for and demand loans and hand-outs, while the recipients themselves are tempted to buy luxuries they have long dreamed about with funds intended to cover lifetime cancer treatments.

As I wrote in a post almost seven years ago…

Once they are on their own, however, the compensated victims are targeted by viatical settlement companies, both those with cute opera-singing commercials and those without. They undermine the sound advice of the attorneys with slogans like “It’s your money!” and try to persuade the former plaintiffs to unstructure the structured settlement by selling the annuity’s income stream to the viatical settlement company at a deep discount. Result: the annuity company gets the regular income at bargain rates, and the victims get a new, smaller lump sum to dissipate in exchange. The statistics say that the customer of the viatical settlement company will run out of cash long before he or she runs out of the need for it. But for the company, it’s a sweet deal.

Continue reading

Now THIS Is Incompetence: Healy Baumgardner, Trump “Senior Press Representative” On CNN

HealyAmong the various forms of unethical conduct, incompetence is often the one most difficult to assess objectively and fairly. In order to set a baseline standard for what constitutes indisputable incompetence in the performance of professional duties, I offer this, the recent appearance of “senior press representative” Healy Baumgardner on CNN with Carol Costello.

I know it’s hard to watch. Just brace yourself, and hold on. It will be over before you know it.

Healy, I think you will agree, makes Marco Rubio’s disastrous stuck-needle performance (Millennials: Once upon a time, recordings were played on these things called “record” by means of a “needle” on the arm of a “record player,” and a scratch would make the needle…oh, forget it.) during a debate cross-examination by Chris Christie look like deft repartee by comparison.

Fair conclusions to be drawn from this horror show include… Continue reading

A Bait-And-Switcher Is Called To Account

Reliant

Our small ethics training and consulting business always has cash flow worries, so when an offer arrived from Reliant Funding promising a quick line of credit, my business partner and COO–also known as my wife—leaped into action. She checked up on the outfit, and all indications were that they were legit. Comments about them on the web lacked any red flags.

Then she called the number listed to apply for the loan, a process promised to take “hours not days,” and activate the loan card, which looked like a credit card with my name on it. Our representative was articulate and informative, and prospects looked rosy. Then my wise COO, herself now crippled by the business curse, ethical thinking, heard  “Steve” say ProEthics could probably get a $10,000 loan. She immediately and curtly said that she would have to call him back.

“This mailer says that a $41, 739 loan was pre-approved. She said. He said the most we could get was $10,000. That mailer is a lie!”

“Correctamundo!” I ventured.

Now Steve was in trouble; you don’t want to cross Grace. Really. She called Steve back, and went on the attack: Continue reading

It’s Gender Issues Confusion Monday! PART 1: Observations On “Sweatergate”…You Know, One Of Those Stupid Social Media Controversies That Has Some Genuine Issues Buried Inside

SWaetergate

The 8 a.m. Saturday broadcast on KLTA in Los Angeles area featured  Liberté Chan in a black, shimmery, shoulder-baring  cocktail dress, giving her report on the day’s weather. Suddenly, weekend anchor Chris Burrous’s arm appeared on the side of the screen, holding a gray cardigan sweater.

“What’s going on?” she said. “You want me to put this on? Why? Cause it’s cold in here?”

“We’re getting a lot of emails,” came the offstage voice of her male colleague. Then his hands placed the cardigan on Chan.

“There you go,” he said. “That’s nice.”

“OK. I look like … a librarian,” she says.

Whereupon social media “erupted,” as the current cliche goes, with many on Facebook, Twitter and whatever else there is out there in the social media jungle condemning the station for sexism. Others insisted that Chan’s cocktail dress was inappropriate attire, sending a message that “The Weather Girl is just eye candy, like the women in bikinis at boxing matches.”

Chan, in a post on her own blog, had this to offer…

I …didn’t think there was anything that inappropriate (the beads/sequins were probably a little much for the morning, but what girl doesn’t like something that sparkles?!), so I played along and put on the sweater.

That prompted a barrage of tweets and more emails from viewers, some of which I included below.

To be perfectly honest, the black beaded dress was a backup.  The pattern on my original black and white dress didn’t work on the weather wall (for some reason, it turned semi-transparent), so after my first weather hit at 6am, I changed.

For the record, I was not ordered by KTLA to put on the sweater.  I was simply playing along with my co-anchor’s joke, and if you’ve ever watched the morning show, you know we poke fun at each other all the time.

And, also for the record, there is no controversy at KTLA. My bosses did not order me to put on the cardigan, it was a spontaneous moment..  I truly love my job, I like my bosses and enjoy working with my coworkers.  Since talking to my team, I want our viewers to know it was never our intention to offend anyone. We are friends on and off the air and if you watch our newscast, you know that. More importantly, I hope my viewers were able to plan their Saturday once they heard my forecast and enjoyed the sunny weather after the clouds cleared.

Observations:

1. I was just watching MLB’s Heidi Watney on “Quick Pitch,” where she reviews the highlights of all the baseball games of the previous day, standing up in the middle of a studio. She was wearing a shoulders-baring cocktail dress much flashier than Chan’s,  my wife, not for the first time with Heidi, went nuts, complaining how the outfit was unprofessional and demeaning to women. She has similar reactions to the outfits of the Fox Blondes, and my favorite of the breed, Robin Meade, who frequently looks like she just returned from a wild night after a Vegas party. Is this kind of attire unprofessional? Well, it depends, doesn’t it? It depends if the job being done is seen as informational or  performance. If  it’s performance, then a costume is appropriate. If it is a professional conveyance of information to an audience only, a sound argument can be made that professional attire enhances trustworthiness.

Here’s a typical Heidi outfit: Continue reading

Unethical Tweet Of The Month: Hillary Clinton (Or Someone Authorized To Pretend To Be Her)

Hillary Trump tweet

The horror! Paying people according to their productivity, competence, diligence and effectiveness, rather than according to what victim-mongering group they belong to! Can you imagine?

Dilbert’s Scott Adams thinks that this is an unwitting pro-Trump tweet.  I disagree:It’s an unwitting anti-Hillary tweet. Perhaps this is what having to run against a Socialist who opposes basic American values of personal responsibility and merit has done to her. Now she feels she has to endorse the socialist concept of wages unrelated to economic worth.  All that matters are the hours, man!

The tweet is also an insult to those of her supporters who are intelligent, and manages to blunder into one of the squishy Achilles heels (yes, it has many heels) of the equal pay for equal work scam. Hmmm, is a female fire fighter who can’t pass the strength requirements really worth the same compensation as a male firefighter who can? (Answer: Of course not.) Continue reading

Ethics Lessons of The Peter Chang “Plad Asshole” Affair…And No, One Of Them Isn’t “Always Serve Rice In Individual Bowls”

Peter Chang: Chef, ethical restaurant owner, tough father...

Peter Chang: Chef, ethical restaurant owner, tough father...

In my metaphorical back yard, a kerfuffle over whether Chinese restaurants should serve rice  in individual bowls or family style resulted in bad publicity for a burgeoning restaurant chain, a family rift, some lost jobs, and an internet controversy.

I almost missed the last part. Luckily, my issue scout Fred misses nothing.

It unfolded thusly:

A group of four diners at the Peter Chang restaurant in Arlington, Virginia included a man who had lived in Beijing, and he expressed  surprise when the obligatory steamed rice arrived at their table in one large bowl.  He asked, “‘Oh, you guys don’t serve them in individual rice bowls?'” The server told the group that when rice is served to three or more diners at Peter Chang, it comes in a large bowl.

After the former Beijing resident (later termed “the know-it-all” in the ensuing social media debates) noted that it was an odd choice, considering that personalized bowls  were the norm in China, the server then offered to bring individual rice bowls instead. The group declined.

Oh…for some reason, three of the four men were in plaid jackets. Believe it or not, this detail is relevant.

When the diners received their bill, they saw that it had insulting typed commentary on it as well:  “im a plad asshole” and “i have a small penis”:

peter-chang-bill

When they complained to the manager, he apologized and brought out the two servers responsible for the typed insults on the point-of-sale slip. One of the diners told the Washington Post that the manager and the server appeared embarrassed but not contrite. “It was just a joke” and “You weren’t supposed to see it” described their attitude, he said. Continue reading

Comment of the Day: “Journalism Ethics: The Washington Post Enables Disinformation Regarding Hillary’s Email Machinations”

"Hello, Dave. You have absolutely no clue how to deal with me, do you?"

“Hello, Dave. You have absolutely no clue how to deal with me, do you? Or even your email…

Much-abused Ethics Alarms commenter Beth, a D.C. lawyer with impressively thick skin, provided a real service with her comment on today’s post on the widespread obscuring of the Clinton e-mail scandal. Scandal is the right word, even if somehow a plausible and fair conclusion is reached that Hillary didn’t breach national security laws. The incident is shameful, and Clinton’s refusal to acknowledge that is  one of the many ways this episode indicts her character. Beth focuses on a systemic problem of which Clinton is a symptom: the government isn’t keeping up with the challenges posed by its increasing dependence on technology, and it can’t do that.

The public, most of whose interactions with technology is restricted to e-mails, games, social media and videos, if anything, has no idea the degree of competence and care complex organizations and the professions must devote to technology. The challenge is daunting, getting harder by the day, and may be hopeless, which is terrifying. The Obama Administration’s technology disasters, including the Edward Snowden affair, the OPM hack, the ridiculous failure of the Obamacare website and who knows what else they have managed to cover up, far exceed those of any previous administration. Most insiders I talk to are certain that far worse is on the way, and they know enough to be terrified. The public doesn’t understand how important the problem is, and therefore the news media ignores what it perceives as being uninteresting.

Here is Beth’s Comment of the Day on the post Journalism Ethics: The Washington Post Enables Disinformation Regarding Hillary’s Email Machinations:

What Clinton did was atrocious — our agencies need to lead this nation by example, and she was the head of the agency. But, all of our agencies are doing an awful job. There are policies in place that aren’t followed. And I can’t stress this last piece enough. Agencies draft policies, put them on a shelf, and never bother to hire people to update or actually enforce the policies. Further, there are insufficient protections in place — as demonstrated by the OPM data breach.

Continue reading