The Michigan High School Ethics Bowl

/ Jack Marshall / 13 Comments

More than 100 high school students from across lower Michigan will gather February 17-18 at the University of Michigan for the fifth annual Michigan High School Ethics Bowl. The winner  will represent Michigan in the National High School Ethics Bowl held at the University of North Carolina at Chapel Hill in April. The Ethics Bowl is organized by A2Ethics, the University of Michigan  Department of Philosophy Outreach Program and the high school faculty coaches in the High School Ethics Bowl League. During the two-day competition, judges  evaluate teams’ responses to case studies written by local community members.

See? There is hope!

Here are the case studies the students will analyze, fifteen of them. I may do posts on a few of them suggestions are welcome. One of them, #2, I have discussed in several legal ethics seminars:

The Michigan Rules of Professional Conduct forbid lawyers from revealing information received in confidence (information protected by the “lawyer-client privilege” of a client), and similarly from using that confidential information for the advantage of a third person, unless the client consents.

You are a lawyer whose practice is focused almost exclusively on criminal defense. You have been active in the criminal defense bar association for several years, and you represent criminal defendants at both the trial and appellate (appeals court) levels.

One of your clients, Gilbert, age forty, is in prison for murdering a woman named Alice. You represent Gilbert in the appeal of his conviction and life-without-parole sentence. During confidential meetings with Gilbert, he confesses to you that he also murdered Bob, and he acted alone when he did. Although you were not involved with the case of Bob’s murder, you are somewhat familiar with it and know that a man named Enrique was convicted of Bob’s murder and is consequently serving a sentence of life without parole. Enrique’s conviction and sentence were recently reaffirmed after a thorough, years-long appeals process. Unless new evidence comes to light, he will not be able to appeal again.

After you are unsuccessful in challenging Gilbert’s conviction and sentence for Alice’s murder, you speak with him about Bob’s murder. He repeats his confession, this time in more detail, but refuses to consent to your request to reveal the confession on Enrique’s behalf.

Continue reading →

Morning Ethics Warm-Up, 1/27/2018: “If You Want It, Here’s How To Get It” Edition

/ Jack Marshall / 24 Comments

Good Morning (and I hope you all feel better than I do).

1 Tide Pod Update: If you want more libertarians, here’s how to get them.  At the Fortune site, Harold I. Ziegler writes,

Recently, videos have circulated on social media showing teens deliberately eating Tide Pods laundry detergent packs. All of this is part of what some call the “Tide Pod Challenge.” These pods contain highly concentrated laundry detergent under pressure and explode when bitten into, releasing their toxic contents and causing rapid ingestion and inhalation of dangerous chemicals. In my capacity as a toxic chemical researcher and consultant, I have investigated and seen several instances of the horrendous consequences that result from laundry pack ingestion: permanent burning of the mouth, throat, digestive tract, and lung tissue, and in some cases even death.Procter & Gamble (P&G), the manufacturer of Tide Pods, as well as other companies selling laundry detergent packs, have acted in the past to stem the misuse of their products. But these safety measures have failed.

It’s clear that laundry pods as they currently exist are too dangerous to be sold to the public. If P&G and other manufacturers can’t figure out a way to reduce the more than 10,000 injuries they cause each year, laundry packs need to be taken off the market.

If there is a better example of the thought processes that create nanny states and push society to eliminate personal responsibility, accountability and autonomy from its values, I can’t think of it. If people persist in the “Hit Yourself In The Head With a Hammer Challenge,” ban hammers.  How do intelligent, educated people end up thinking like this? More amazing still is that a consultant can put out an addled argument like this one for public consumption—Wait! Harold’s opinions make people stupid, and we can’t seem to stop people from reading them! Using Harold’s logic, we better ban freedom of expression! Or Harold!—and still be able to persuade clients to pay for his advice.

2. But if it’s more white nationalism you want, here’s how you get THAT…San Francisco Acting Mayor London Breed, an African-American, was voted out at by her colleagues Board of Supervisors in favor of Mark Farrell, who is white. The Horror.  will replace her as interim mayor until voters select a new mayor in June. As soon as it became apparent that the first African-American woman to lead San Francisco, albeit only because the elected mayor died suddenly, was being replaced by a white male, black citizens in the room erupted with rage, with many leaving in protest, and others shouting, “Shame, shame, shame.” “This is war!” some shouted as the meeting ended.

Nice.

In related news, the Congressional Black Caucus announced that it will boycott the State of the Union speech. Continue reading →

Hillary Clinton Ethics And #MeToo Integrity

/ Jack Marshall / 17 Comments

But first, a diversion:

I gave my sister “What Happened” as a gift, I hadn’t turned it over, so I saw the alleged photo of the author for the first time when she took off the wrapping. (This was a late Christmas gathering.) Hilarity ensued. Here is what we saw:

Now here’s an up-to-date picture of me:

Not to be petty or anything, but flattering photos are one thing, and extreme misrepresentation is another. Hillary’s book jacket photo is a visual lie, showing vanity and a lack of integrity….just like her book.

But I digress…

Yesterday  Clinton responded to a New York Times story revealing how she handled allegations of sexual harassment within her 2008 presidential campaign. After  her campaign spiritual adviser, Burns Strider, was accused by a young female staffer of repeated sexual misconduct, Hillary refused to fire him, instead docking him several weeks of pay telling  him to seek counseling. The young woman was moved to a new job. Clinton didn’t dispute the facts. She said this (WARNING: HEAD EXPLOSION RISK!) via Twitter: Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up: 1/18/2018: Enemies Of The People

/ Jack Marshall / 2 Comments

Today’s Comment of the Day teaches a couple of lessons:

1 Contrary to common belief, and Ethics Alarms Comment of the Day does not have to be long, though many are. Indeed, I was tempted to make Willem Reese’s one sentence comment to the Kangaroo People abortion ethics thought experiment a Comment of the Day. He asked, shaming us all,

“The deciding case would likely be Roo v.Wade, then?”

2.  Late comments on older posts are still worth reading.

Here is Pennagain’s Comment of the Day on the post, Morning Ethics Warm-Up: 1/18/2018: Enemies Of The People:

Over the past couple of decades, approximately, I have become increasingly uneasy, depressed, anxious, angry, isolate and finally maddened by what has gone into the methodical and insanely deliberate betrayal of ideals and freedoms, the destruction of respected, useful institutions, the disregard for all the high, bright values in “my” society, my culture. But even when the detrimental changes began to affect me directly — my person, my quality of life, my safety and security (such as it was: I’ve never needed much) — I clung to the mantra this too shall pass. But, as my historian friend kept reminding me, the 500+ year old Roman Republic went belly up within the same amount of time, and never found its feet again. Still, I wasn’t scared out of my wits until I read the word “COUNTERSPEECH.”

Counter. Speech. Against speech. Not just anti-First Amendment, something to STOP PEOPLE FROM SPEAKING. Not just “free” speech; simply not using any words that mean anything. The language of technology, the language that becomes more abbreviated with all its faster-than-life(sic) changes, a spoken version of texting and twitting, a dumbing of vocabulary, a numbing of nuance. . A muffling of all meaningful voices. The left will pull the blanket over its head first, and willingly, and not even understand what is happening until it wakes up in the middle of the night with its headphones glued to its brains, silently screaming.

Much as I hate to bring up the name of der Furher because it has become such a cliche, he has the most appropriate description of what “Counterspeech” can become. It is akin to what Hitler first announced at the Wannsee Conference in 1942 as The Final Solution.

Ethics Quiz: Alexa, The Feminist

/ Jack Marshall / 39 Comments

Amazon has programmed Alexa, the voice-assistant  in Amazon Echo devices,  to tell you that it is a feminist. If you ask it, “she” will respond, “I am a feminist. As is anyone who believes in bridging the inequality between men and women in society.” Moreover, if you called last last year’s model a bitch, a slut, or even a “cunt” a year ago,  Akexa 2017 would respond with, “Well, thanks for the feedback.” No longer.  Now she responds to a sexist insult with a curt, “I’m not going to respond to that!”

Your Ethics Alarms Ethics Quiz of the Day is…

Is it ethical, responsible and appropriate to program Alexa to respond this way?

Continue reading →

Good-Bye To The Hasty Pudding Show

/ Jack Marshall / 19 Comments

The Hasty Pudding Theatricals is an ancient  Harvard theater troupe that was always a drag show, staging productions since 1844 in which men played all the women’s roles. It has announced that, for the very first time, it would include women in the cast.  “The Hasty Pudding Theatricals is proud to announce that going forward, casting will be open to performers of all genders,” the group’s producers, Hannah Needle and Annie McCreery, said in an email.

This is an institution fatally impaling itself on the obelisk of political correctness.

I wondered when this would happen. I assumed it was inevitable once Harvard’s social justice warrior President Drew Faust announced in spring 2016 said that students who participated in single-gender clubs would not be allowed to hold on-campus leadership positions, captain sports teams, nor be eligible to receive  endorsements for prestigious fellowships. Last year,Harvard considered banning the clubs outright, which would have included the Hasty Pudding Club which originated the show, but decided  in 2017 to continue its policy of sanctions while leaving the threat hanging, like the sword of Damocles.

The Hasty Pudding show was an anachronism even when I was student. Student drag shows were common in the days before co-ed schools, and Harvard’s was the last one standing, which is what made it worth seeing and famous, the same random process that immortalized Fenway Park and George Burns. The show had a budget the size of a professional touring show, and did tour, performing for Harvard alumni clubs across the country, in addition to a month’s long run at the group’s Harvard Square theater. It hired a professional director, much of the orchestra, and the students who participated essentially gave up half a year of their education to participate. Harvard used to make its students who were interested in performing careers get their experience in extra-curricular theater groups like “the Pudding,” as it is called: there was no theater major. Thus stars-to-be like Jack Lemmon and Fred Gwynne got their start on the road to fame in Pudding shows.

The whole point is, however, that it’s a drag show. Many of the laughs come from the running joke that the women in the story are played by men, usually the biggest, tallest, hairiest ones available. The show is far more of a spoof on men than women. I have never known a woman who was offended at drag comedy. I have known many men and women who didn’t find it funny—my father hated Milton Berle especially because of his penchant for dressing in drag. I’m not a fan either, although John Cleese’s female impressions are irresistible.

I was also not a fan of the Pudding show itself, despite being very active in campus theater and having many friends who performed. I only saw one of the productions, “Bottoms Up!”, my freshman year. It was slick, well-performed, the costumes were terrific, and the original, student-written songs were excellent—I still have the cast album–but one hasty Pudding theatrical was plenty. The climax of every show was a spectacular kickline, which was perfectly executed by big, hairy guys dressed like the Rockettes. Again, not my cup of tea: I appreciated it rather than loved it. Continue reading →

Morning Ethics Warm-Up, 1/26/1918: It’s Incompetence Friday!

/ Jack Marshall / 45 Comments

Good Mronign!

Competence is often not regarded as an ethical value, but it is one of the most important of them all. It is also one of the most commonly breached, usually with the rationalization that “everyone makes mistakes.”

1 “The Nip” Redux  In a legendary “Seinfeld” episode, Elaine’s Christmas card features a photo, taken by amateur photographer and inveterate screw-up Kramer, in which one of her nipples is exposed. Kramer, however, was an admitted amateur. What is Vanity Fair’s alleged professionals’ excuse for its current cover (I’m not talking about the nauseating pandering to Hollywood it represents, for which there is no excuse), which shows actress Reese Witherspoon with three legs?

Vanity Fair may have been too focused on photoshopping out actor James Franco, who was in the original photo but became model-non-grata when he was accused of sexual harassment, and as #MeToo has taught us, an accusation is all the due process these male scum deserve.

2. Segue Alert! And speaking of Hollywood, there has been much ballyhoo over the fact that the nominated Best Actresses this year play feisty, unglamorous, tough, in several cases outright repulsive women. Question: Who likes watching such characters (and more are on the way)? The Academy snubbed the most popular film with a female star, Gail Gadot in “Wonder Woman,” who probably is still too politically incorrect because men—ick!—find her attractive. 2017 was a catastrophically bad year at the box office, meaning that Hollywood proved incompetent at its job, with is making movies people want to see. It also displayed incompetence—not to mention arrogance, bias, condescension, hypocrisy and stupidity–by shooting off its various mouths on political matters, making the entire film industry, which should be a unifying force in the culture, polarizing, like everything else in 2018.

The Hollywood Reporter has a report about the role politics plays in the Academy Award voting; this has always been true, but never more than now. I cannot imagine who would care what or who wins the statuettes when it is all transparent political grandstanding, virtue-signalling and an attempt to meet quotas. Next crisis on the horizon: Hispanic artists are gearing up to show how they have been statistically insufficiently represented in nominations and awards. I presume Asians will do likewise. Why are there not more roles and awards for the differently-abled? Trans performers? Hollywood is committed to the Left, the Left is committed to tribalism, and tribalism has nothing to do with popular entertainment.

Or democracy. But I digress. Continue reading →

The Unethical Sentencing Of Dr. Lawrence Nassar

/ Jack Marshall / 40 Comments

Non-lawyers and journalists mostly cheered Ingham County Court Judge Rosemarie Aquilina’s grandstanding, self-indulgent, unprofessional and unethical handling of Dr. Larry Nassars’s sentencing yesterday. Nobody bothered to seek the opinion of criminal lawyers and judges, much less ethicists. If they had, they would have heard a loud, collective, “Ugh.”

It was a disgrace. I object to victim impact statements in sentencing, a terrible idea pushed by victim’s rights advocates, because it misrepresents the purpose of the justice system. The objective is to punish citizens for violating laws, not to get revenge for victims or their families, not to get “closure,” and not to satisfy emotional needs. The process isn’t personal, or shouldn’t be. If it is personal, then it isn’t objective. Judge Aquila threw all of that out the window as she played to the cameras and the mob.

Criminal defense lawyer and blogger Scott Greenfield aptly explained what was unethical about the parade of victims:

Nassar’s sentencing hearing is a clear example of a judge straying from promoting the public’s trust in a fair and impartial judiciary. Let’s begin with Judge Aquilina’s decision allowing over one hundred and sixty victim impact statements across seven days. 

Victim impact statements are theoretically allowed as a means of giving a crime victim the chance to describe their experience to the court. Defense lawyers aren’t typically fans of them, and too many can arguably have a prejudicial effect against a defendant.

Contrast Nasssar’s hearing with that of Dylann Roof, the Charleston shooter responsible for the deaths of nine churchgoers. Judge Richard Gergel admonished the State’s list of thirty-eight statements, cautioning against a “spectacle”. David Bruck, the attorney assigned to advise Roof, claimed the proceeding violated “every principle restraining victim impact statements under the 8th Amendment.”

Strangely, no advocate stood to question admitting impact statements from over 160 victims, including gold medal Olympians, might prejudice a jurist’s decision. It’s hard to imagine Judge Aquilina even entertaining such an argument.

It is also hard to imagine Nassar’s sleepwalking defense attorney making such an objection. She was praised by the judge for taking on an unpopular client, but taking him on isn’t enough. She was supposed to protect his rights.

Then the judge delivered her sentence, turning her moment in the national spotlight into a self-aggrandizing, virtue-signalling, vainglorious soliloquy to the gallery. This was one more example of why televised court proceedings are a bad idea.

I’m going to give you the whole transcript of her remarks, bolding the sections before my comments. Cut to the bolded sections if you don’t care to experience the full measure of Judge Aquilina’s narcissism. One section,, however, was left out of all the published versions that I could find:

“Our Constitution does not allow for cruel and unusual punishment. If it did, I have to say, I might allow what he did to all of these beautiful souls—these young women in their childhood—I would allow someone or many people to do to him what he did to others.”

The judge apparently had this excised from the official transcript. No wonder. She is advocating prison rape and by doing so, endorsing it. Michigan’s judicial ethics standards require in part,

“A judge should respect and observe the law. At all times, the conduct and manner of a judge should promote public confidence in the integrity and impartiality of the judiciary. Without regard to a person’s race, gender, or other protected personal characteristic, a judge should treat every person fairly, with courtesy and respect.”

Needless to say—I hope—‘I wish I could have you gang raped’ does not meet this standard. It is also troubling that a judge would distort the record. She said what she said, and the public should know she is the kind of jurist would say something like that—an unethical one. The state’s judicial panel should also know.

Here is the rest: Continue reading →

Kangaroo-People Abortion Ethics

/ Jack Marshall / 63 Comments

Yes, it’s true: in the alternate universe, that little thing on the left grew up to be vocal feminist, writer and abortion advocate, Kangaroo-Person Lena Dunham!

I have been reading about marsupials and kangaroos. Don’t ask why. But it got me thinking…

Imagine, if you will, a parallel universe where the human race evolved, due to the vicissitudes of chaos, from marsupials rather than primates. In every respect, the  Kangaroo-People have developed as we have. Same nations, same traditions, same institutions, same ethical standards, life expectancy, gender distinctions, laws, culture and politics. The only difference is that in this universe, the Kangaroo-People give birth like kangaroos, as females have the same reproductive equipment as their kangaroos ancestors  To look at them, you’d never know. Kangaroo Person Kate Upton looks exactly like ours;  Kangaroo Person Hillary Clinton could walk up to our Bill and he’d never know the difference. (She does have a safe place to keep her Blackberries, though.)

After a few weeks of gestation, baby Kangaroo-People are born at about the size and shape of a jellybean, with about as much personality. The Kangaroo-People mother guides her offspring by licking a path from her cloaca ( which leads into three vaginas, just like regular kangaroos in this universe) to her pouch. The baby is essentially still a fetus at this point, with incompletely developed  eyes, ears, organs and central nervous system. It does have claws, so it can crawl,  and an olfactory bulb, the section of its brain devoted to the sense of smell. This allows the baby to follow the scent of mom’s saliva into the pouch. There it latches on to a teat, and holds on as involuntary contractions of muscles in the mother’s  stomach wall force milk out of her mammary glands to the growing fetus/baby. 235 days or more later, the baby, now fully developed, emerges from the pouch. Before that, the baby Kangaroo-Person gets strong enough to periodically let go of the teat, and crawl around the pouch.

Kangaroo People celebrate their birthdays based on when they were born, of course. They also are named by Mom and Dad, and have their birth certificates filed. Continue reading →

Comment Of The Day: “Ethics Quiz: ‘NCIS’ Ethics”

/ Jack Marshall / 5 Comments

[ Again I am awash in Comments of the Day. There’s no question about it: the comments here are getting better, and more commenters are participating. There are also more comments being made to posts than ever before. 2017, despite a 10% drop in traffic from 2016, set a record for comments. This blog was always designed to be an interactive online colloquy on ethics. More views, links and shares would be nice, but I’ll take more and better comments over volume any day. You all are doing a terrific job. I may  have to make “Comment of the Day” a daily rather than an occasional feature. That would be progress.]

The latest Ethics Quiz was about this week’s “NCIS” episode in which the federal agency’s director got all misty eyed and proud to learn that his daughter had accepted the blame (and the charges) for her friend’s shoplifting because her friend was 18 (and a habitual shoplifter) and the offense would end her dream of college. Ethics Alarms readers were asked whether this was a responsible ethics message for Mark Harmon’s long-running procedural to send, especially to any children watching.

The quiz attracted uniformly excellent responses (my take is here).

Here is Greg’s Comment of the Day on the post, Ethics Quiz: “NCIS” Ethics:

I would say that the daughter acted foolishly and the father acted unethically.

The father has a duty to teach and protect his children, which he utterly failed to fulfill in this case. His daughter is showing disastrously poor judgment, placing her future seriously at risk, and he needed to set her straight. He should have lectured her on the enduring truth of the adage, “Lie down with dogs, rise up with fleas.” She should not be spending any time at all with an incorrigible thief. This other girl is big trouble. She has already gotten the daughter arrested once and if the daughter continues to hang out with her, the odds are high that she will do it again. The lesson that the daughter should have learned from this incident is that she needs to shun the company of this supposed friend. Instead, the incident has bound them together even more closely. Continue reading →