Pacific Coast Time Morning Ethics Warm-Up, 3/20/19: Guys and Dolls

/ Jack Marshall / 1 Comment

Good morning from San Diego!

Well, I was speaking to 600 seats just now, but only about 300 lawyers. Several came up to me afterward, inspired or stimulated, and thankful. In ethics, as in the theater, I have come to adopt William Saroyan’s creed that if just one person sings your song, your life as an artist has meaning. Like Saroyan, I have come to adopt that out of self-preservation and to stave off insanity.

1. It looks like a Saturday Night Live writer plagiarized at least two skits this season. The story is here.

The combination of SNL’s insane schedule, the pressure to be different and edgy week after week, and the temptation of YouTube made this inevitable. The rules on borrowing, adapting, copying comedy material has always been a gray area, often settled by the good faith and collegiality—or not—of the comics themselves. By accident, I just saw an old “Everybody Loves Raymond” episode which was an obvious rip-off of an even older Dick Van Dyke Show episode in which Laura writes a children’s book, and professional writer Rob offers to help her improve it.? Plagiarism? Comedy skits in vaudeville were passed around like the flu: Abbot and Costello weren’t the first to do the “Who’s On First?” routine, they just did it so much better than anyone else that they owned it. Was Lucy plagiarizing Red Skelton with her “Vitameatavegimin” skit, where a pitch woman gets drunk doing multiple takes of a TV ad that requires her to drink the alcohol-laced product, when Red had been doing the same routine for years as “Guzzler’s Gin”? Continue reading →

Is It Unfair To Say That The Democrats Favor “Open Borders”? Ten Reasons Why It Is Not.

/ Jack Marshall / 14 Comments

My sister, a smart if feisty woman who I plead guilty to using on Ethics Alarms like as William Saroyan used his bartender,  was annoyed at my statement in a recent post that the Democratic Party, or which she is a member, though perhaps not quite as proud a member as she once was,  had become the party of open borders. She’s a lawyer, and combining that with the increasing tendency on the left to deny the elephants behind them (“Elephant? What elephant?”) whenever the metaphorical beast starts to stink and squash things, she’s pretty good at blurring such issues. On this one she says, “Obviously the Democrats don’t support open borders. Nobody has ever proposed open borders. We will never have open borders. Obama deported a lot of illegal immigrants.”

All true, and all deceitful. The policy advocated by Democrats and the rhetoric they use in the process creates a modified open borders policy, if an astoundingly stupid one. An open borders policy of any kind for a nation like the United States is suicidal in the long term, destructive in the short term. Progressives and Democrats resort to hilariously consistent talking points when confronted on their hypocrisy and dishonesty: “The system is broken, and we need comprehensive immigration reform.” Quiz them on what that pat phrase means, however, and you get humming. Yes, the system is broken. Democrats, for one illicit reason, and business interests, aka Republicans, for another, broke it long ago, and both have intentionally tap-danced, lied, and intentionally muddied the issue to keep it broken. Now, if my sister objected to my labeling of the Democratic Party as the party of open borders by a arguing that it is unfair to  leave the GOP out of that box, okay, I’ll concede the validity of that in part. The problem is that the Republicans have a President in office who is unequivocally opposed to open borders, to say the least, and who is trying to end the nonsense. Democrats, not Republicans, are blocking him.

The totality of Democratic party and progressive conduct and rhetoric equals a desire to keep out southern borders porous, which means “open” in reality, if not political double talk. Among them, in no particular order since I am rushed and want to get a pots up before I have to do a 7:30 am tech check here in San Diego: Continue reading →

Lunch time Ethics Warm-Up, 3/19/19: Madea, Plan C, And More.

/ Jack Marshall / 13 Comments

Yum yum!

Winging off to San Diego in a couple of hours, so be on the alert for an Open Forum while I’m in the air. It’s amazing: I’m going to spend two and a half days of air travel and hanging around a hotel and airports to give a 75 minute legal ethics presentation, albeit to a mob of over 600 lawyers.

1.  From the Ethics Alarms double standards files…

Let’s see: this film has gross black stereotypes and a man in drag, but not in a good, transgender way. I assume nobody will disagree that if this film was made by a white man, it would be received with horror and declared racist, and the white filmmaker would be apologizing to everyone and everything in sight.

2. The return of Plan C! As most recently noted here, Plan C is the obscure and outdated Emoluments Clause. In a series of tweets reviving the specious accusation  President Trump is violating the Constitution by owning businesses while he is President, something never anticipated by the Founders and an issue that was barely discussed by the news media during the campaign, Walter Shaub, a former director of the Office of Government Ethics who long ago declared himself a “resistance” ally,condemned the Embassy of Kuwait’s decision to celebrate its National Liberation Day at the hotel on Feb. 27. He wrote,

 “Kuwait got the message. Turkey got the message. Saudi Arabia got the message. The Philippines got the message. The question is: Which of our allies will stand with the American people, and which will seek to enrich our corrupt President? We will watch. We will remember.”

Oh, eat a bug. Emoluments Clause of the U.S. Constitution (Article 1, Section 9, Paragraph 8) stipulates that no federal officeholders “shall receive gifts or payments from foreign state or rulers without the consent of Congress.” But payments obviously means pay-offs, and payment for services isn’t a gift. Not are Trump organization receipts payments to the President. I note that Shaub is now a fellow at The Citizens for Responsibility and Ethics in Washington (CREW), which I used to write about more before I got sick of it. It is the political equivalent of Media Matters, posing as an ethics watchdog when it’s agenda and biases are flagrantly partisan. I regard Shaub using his prior position as authority a breach of ethics: he’s posing as an objective analyst, and he’s not. Indeed, resorting to the silly Emoluments Clause to attack Trump is signature significance. Continue reading →

Comment Of The Day: “Tales Of The Slippery Slope: Amazon And Censorship”

/ Jack Marshall / 23 Comments

Autism “cures”, aka “Snake oil.”

Ethics Alarms is blessed with several commenters with specific expertise in areas that arise here often. Alexander Cheezem is our authority on autism and the various misconceptions and unethical practices surrounding it, and he contributed  valuable perspective on why Amazon was under pressure to stop offering two books about the topic. I carelessly assumed that the problem was the further circulation of the dangerous myth that vaccinations cause autism, since that is the autism-related issue we hear about most often from the media. There’s a lot more to autism misinformation than that, and Alexander graciously enlightens us.

As he acknowledges, the thrust of the post is not dependent on why the two books have been pulled The remedy to bad information is good information, not censorship–like the useful information in Alexander Cheezem’s Comment of the Day on the post, “Tales Of The Slippery Slope: Amazon And Censorship”:

Okay. I’m actually quite familiar with one of the books in question — I even spent about five years dealing (over and over and over again) with its author and her brand of bullshit (yes, that’s actually the technical term)… and I have to say that your analysis is flat-out wrong on one major point and significantly off in another respect.

Of course, whether that impacts the rest of the analysis is another matter.

The major problem with your analysis is that what sets those books apart is not that they’re anti-vaccine… but don’t take my word for it. As I write this, I’m paging through my first-edition copy of Rivera’s Healing the Symptoms Known as Autism (my second-edition copy is somewhere), so I’ll use it to illustrate. Let me give you just a small sample of what the book actually contains.

The thing is essentially a protocol book, dedicated to “teaching” parents a complicated pseudoscientific and ritualistic protocol centered around having the parents feed industrial bleach (chlorine dioxide) to their children, bathe their children in a solution of industrial bleach, and give their children bleach enemas. Continue reading →

Ethics Quote Of The Day: “Reston Now”

/ Jack Marshall / 2 Comments

“Unethical, sketchy, and uncomfortable behavior among Herndon officials are some of the main reasons behind the push to strengthen the code. The councilmembers shared stories of unnamed former town officials who publicly berated staff, grabbed a staffer in a sexual manner, and solicited jobs from other elected officials in the performance of their official duties.”

—From “Town of Herndon Grapples with How to Revamp Ethics Code,” an article in Reston Today, describing the classic and unresolvable problem with Ethics Codes.

Herndon, Virginia, isn’t too far from where I live.

The problem the article encompasses is as old as the hills. Simply passing laws, or regulations, or rules prohibiting wrongful conduct doesn’t do anything to make the people subject to these laws, regulations and rules better human beings. It simply tells them that there are specific consequences to their bad conduct. Maybe that will discourage them, and maybe it won’t. After all, they have to be caught first.

The conduct described in the quote is unethical, and anyone with functioning ethics alarms knows its unethical. Abusing subordinates? Sexual assault and harassment? Using official duties to barter for career advancement? If an official knows this conduct and others equally blatant are wrong, then they don’t need a code. If they don’t know they are wrong, no code is going to help them, and individuals that ethically clueless shouldn’t be government officials.

That doesn’t mean that codes of conduct aren’t essential tools of creating an ethical culture in a local government or tree house clubs. They are, but they are just a starting point, putting in place external standards that have to be internalized, which is to say that they are then used to fix the settings on everyone’s ethics alarms in that culture. By themselves, codes do nothing, and they may even cause more misconduct. Unethical people who are also smart love the Compliance Dodge, from the Rationalizations List: Continue reading →

Morning Ethics Warm-Up, 3/18/2019: Paranoia, Pettiness, Pirro, Provoked Applicants, Piqued Students, Posturing And Progressives

/ Jack Marshall / 16 Comments

Good Morning, Pacific Time Zone!

I’m heading to San Diego tomorrow to talk about “Five Looming Ethics Issues for Lawyers  and  Their  Corporate Clients”  to a group of over 600 lawyers. THEY don’t think my analyses of ethics issues violate community standards…okay. I admit it, I’m getting paranoid. Despite a lot of, I humbly believe, useful, timely and well-presented content, the weekend traffic was terrible, and comments were sparse, if excellent. This year, so far, is lagging behind last year, which seriously trailed the year before. What’s going on here? Has Google secretly joined Facebook in its efforts to keep the posts here from reaching an audience? Of could it be that I just suck? Maybe Donald Trump really has killed all belief in ethics…that’s the ticket! Blame the President!

1. Pettiness and vindictiveness vanquished. Good. The Judicial Council of the 10th U.S. Court of Appeals  has affirmed its December decision to reject 83 ethics complaints against Justice Brett Kavanaugh, all filed by bitter partisans who are determined to hurt the newest Justice because the Democrats’ slimy and unethical ambush tactics failed, as they should have. In a 6-1 decision, the judicial council affirmed its earlier finding that the federal law governing misconduct complaints against federal judges does not apply to justices on the U.S. Supreme Court. Many of the complaints filed against Kavanaugh argued he had made false statements under oath during hearings on his nominations to the U.S. Court of Appeals for the D.C. Circuit in 2004 and 2006 and to the U.S. Supreme Court last year—you know, like having an innocent recollection of what “boof” meant in his completely irrelevant high school year book.  Other complaints accused Kavanaugh of making inappropriate partisan statements in his inappropriately partisan hearings, or claimed he treated members of the Senate Judiciary Committee with disrespect, or as I would put it, the disrespect they deserved for attempting to smear his good name and reputation through demagoguery and calls to reject the presumption of innocence.

Let me remind everyone that Ruth Bader Ginsberg, in her confirmation hearings, stated under oath that she had no pre-formed opinions that would affect her objectivity in abortion cases. Nobody filed any ethics complaints. Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 3/15/2019: Fevered Ethics Musings, and More” [Item #2]

/ Jack Marshall / 12 Comments

Cultural literacy pop quiz: who’s the quote from?

This Comment of the Day by Benjamin, a relatively recent recruit to the discussions here, typifies the thoughtfulness and seriousness that distinguishes the commentariat at Ethics Alarms. Ann Althouse, a blogger (whose work  Facebook doesn’t block) with a much larger readership whose topics often mirror mine, just announced that she is considering changing “the commenting experience”:

I’ll regard the comments submitted to moderation as private messages to me, and I’ll only publish comments I think readers would generally enjoy reading — comments that are interesting, original, well-written, and responsive to the post.

I consider most of the comments here interesting, original, well-written, and responsive to the posts. The kind of comment that Benjamin registered is rare on Althouse, or any blog, really, though not rare here. (The exceptions would be PopeHat, whose progenitor has, at least for now, apparently abandoned for greener pastures, and the original Volokh Conspiracy, before it moved to the Washington Post, and then Reason). Why is that? One reason is the subject matter; another is that commenters who can’t express themselves, issue uninformed opinions or who just aren’t too bright don’t do well on Ethics Alarms. Another reason is that, as I have probably complained about too much, the mass exodus here of the Trump Deranged and knee-jerk progressives has eliminated most of the “You’re an idiot!” “No, you’re an idiot!” exchanges that pollute most blogs, as well as comment sections everywhere.

Here is Benjamin’s Comment of the Day on Item #2 in the post, Morning Ethics Warm-Up, 3/15/2019: Fevered Ethics Musings, and More:

My efforts at suppressing the sin of schadenfreude are becoming futile. The things festering behind fiercely-reinforced masks are starting to spill putrid materials out of the eye and nose holes nearly everywhere and all at once. I believe I’m addicted to two “drugs”: watching good men hoisting the black flag and destroying evil with relish in the name of a good end, e.g. Liam Neeson’s Taken is dangerous for me to watch – I start getting ideas – so I’ve placed an embargo for myself on such plotlines; and watching evil destroy itself. I don’t think I’ll need to embargo the latter, though. There’s nothing more instructive of the fact that difficult-but-correct choices ought to always be chosen over immediately convenient wrong ones than watching the effects of a century or so of those wrong choices. Continue reading →

Interview Ethics: Sabotaging A Job Candidate, With A Kavanaugh Hearing Flashback

/ Jack Marshall / 5 Comments

Frequent commenter and old friend Vinnymick flagged this one, thus proving that someone took my recent appeal for out-of-the-way ethics topics seriously. He pointed me to a Washington Post article, which lays out its topic thusly:

“While browsing Twitter recently, I came across a post that suggested an innovative interview technique: Take a job candidate out for a lunch interview, then secretly ask the server to intentionally mess up the candidate’s order. The purported goal: to see the candidate’s true nature. “It’s easy to say how you would handle when things go wrong, [but] hard to fake your reaction as it happens,” the post concluded.”

Or, as another type of sabotage, have an old high school colleague of the interviewee sit down at the table and accuse him of sexual assault. Then observe how he reacts to that!

The Kavanaugh debacle came to mind immediately, in part because so many who rationalized the Democrats’ abuse of Justice (now, judge then) Kavanaugh was that it was a “job interview.” No, it wasn’t, as I repeatedly had to explain to people (but, you know, when progressives are in the process of a Trump-related freak-out, you can’t explain anything to them(, in a real, fair and professional job interview, the interviewer hasn’t already decided that he or she doesn’t want to hire you, as nearly every single Democrat regarded Kavanaugh before the hearings began . In a job interview, you are being interviewed by your potential supervisors and those who you will be working with if you are hired. The Supreme Court doesn’t report to the Senate, take orders from the Senate, or work with the Senate. In a job interview, there is a presumption of good faith between the job seeker and the interviewer. No, the Kavanaugh hearings were a transparent effort to sabotage the  judge’s nomination from the outset.

Now back to the article’s hypothetical: Of course pulling a stunt like the one described is unethical. An earlier Ethics Alarms essay on “silly job interview ethics”—it’s pretty good, I must say, and I had completely forgotten that I wrote it— recommended that if an interviewer starts abusing you, and this is abuse, excuse yourself, saying, “I’m sorry. I was under the impression that I was applying for a position with an organization that respected serious professionals, and that would never exploit the interview process for its own amusement at the discomfort of someone who expected fair and courteous treatment. I apparently was mistaken.”

I added,

I think the use of odd interview questions is a symptom of an arrogant and essentially untrustworthy corporate culture. There may exceptions, but I don’t believe it’s worth the gamble. If the interviewer starts messing with your emotions and confidence, tell him or her to cut it out, or better yet, leave.

Continue reading →

From The Elephantine Ethics Alarm “Nah, There’s No Mainstream Media Bias!” Files: Reuters, Beto O’Rourke, And The Cult Of The Dead Cow

/ Jack Marshall / 18 Comments

Reuters reported Friday that newly declared Democratic Presidential candidate Beto O’Rourke had been part of an infamous hacker group as a teen. (Hacking is illegal unethical, don’t you know.)

Reporter Joe Menn said that he learned about O’Rourke’s involvement in the group when he began researching The Cult of the Dead Cow, which he called “the most interesting and influential hacking group in history.”

He discovered that an alumnus of the group had a member who was sitting in Congress. “I didn’t know which one,” Menn said, “and then I figured out which one it was. And the members of the group wouldn’t talk to me about who it was. They wouldn’t confirm that it was this person unless I promised that I wouldn’t write about it until after the November 2018 election,” that being O’Roarke’s unsuccessful effort to defeat Texas Senator Ted Cruz last year. Reuters, to be clear, sat on the story, which may have interested Texas voters, for two years.
Continue reading →