Now THIS is an Unethical Lawsuit (But Not Frivolous!)

/ Jack Marshall / 6 Comments

The Hershey company (in Hershey, Pa.) has been sued by Cynthia Kelly in the United States District Court for the Middle District of Florida on behalf of herself and everyone who purchased Reese’s Peanut Butter Cup Halloween candies advertised as pumpkins and white ghosts. The class action lawsuit seeks $5 million in damages and a court order requiring the company to change its advertising next year so purchasers won’t feel that they have been victimized by a bait-and-switch. It alleges that Hershey falsely advertised the seasonal candy as having “explicit carved” out designs, and there were no such carvings in the actual products.

Kelly’s complaint says that she purchased a bag of Reese’s Peanut Butter pumpkins for $4.49 at an Aldi’s last October 2023 because she was impressed by the artistic carvings depicted in the advertisements and the packaging, and would not have bought the candy if she knew that it was uncarved. And she wasn’t alone in this painful disappointment, as shown by comments on Hershey YouTube ads written by heart-broken candy-lovers:

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Miserable Holidays Ethics Dispatches, 12/29/23

/ Jack Marshall / 4 Comments

I really am hoping I don’t have to go through another holiday season like this one has been, both here at home and around the ethics world. It hasn’t quite reached the gloomy depths of the Christmas of 2010, the second one after my father had died on my birthday on December 1, 2009, with the hospital my mother was in for an infection that another hospital had given her trying to dump her on Christmas Eve, only to have me realize while wheeling her out to the car that she was desperately sick still, turning around and getting her readmitted, as Mom kept insisting tearfully that she was okay and wanted to be home for Christmas. Ah, those wonderful holiday memories! (The infection killed her in February.)

Well, not having any Christmas decorations up and with nobody opening gifts, clean-up this season has been a breeze. I did get some mordant good news: the law firm I was recruited into as an ethics partner along with a distinguished group of successful lawyers five years ago (that subsequently failed to meet its funding goals after debuting with a dazzling business plan and has been slowly shedding its initial cases as it winds down) finally sent me my first check from the enterprise. It was for $64.52.

Happy New Year!

1. The rest of the story: you recall that earlier this month I wrote that the lawyer representing Michael Cohen, Donald Trump’s now disbarred sleazeball lawyer in his pre-White House days, had submitted a court document with three fictional cases cited. Well, guess who found those fantasy cases? Yes it was Trump’s old legal eagle himself. Cohen said in court papers unsealed this week that he had mistakenly given his lawyer bogus legal citations generated by the artificial intelligence program Google Bard. Cohen explained that he had not kept up with “emerging trends (and related risks) in legal technology and did not realize that Google Bard was a generative text service that, like ChatGPT, could show citations and descriptions that looked real but actually were not.” Of course, the fact that Cohen’s lawyer accepted the research done by a disbarred lawyer who was never reliable to begin with means that he is still responsible for the botch, and could be sanctioned.

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Believe It Or Not! The Best “Naked Teacher Principle” Variation Yet: The Porn Actor University Chancellor!

/ Jack Marshall / 9 Comments

I was tipped off to this story, which I hereby designate a Ripley, yesterday, and regret not getting it up before the rest of the news media and blogosphere caught up.

The Universities of Wisconsin Board of Regents voted unanimously this week to fire longtime UW-La Crosse Chancellor Joe Gow. UW System President Jay Rothman said the university leadership had discovered “specific conduct”that caused harm to the university’s reputation. 

The “specific conduct” was appearing in online porn videos with his wife.

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Observations On The NeverTrump Section 3 Big Lie Push

/ Jack Marshall / 12 Comments

Maine joined Colorado in barring from its GOP primary ballot yesterday, as Maine Secretary of State Shenna Bellows (D) decided that she “had no choice.” She had no choice because she is a rapid partisan Leftist who, like many Democratic operatives in various positions of power within the legal establishment, she is determined that President Biden be rescued from his election peril by any means necessary. Trump’s actions before and during the January 6, 2021, riot in the U.S. Capitol do not justify charging him with inciting a riot, much less an “insurrection” that would trigger Section 3 of the 14th Amendment. Maine’s completely partisan and anti-democratic move is sure to be appealed along with Colorado Supreme Court’s finding last week that Trump could not appear on the ballot in that state under the 14th Amendment provision designed to keep members of the Confederacy that prevents insurrectionists from holding office. The U.S. Supreme Court will review the case, one hopes quickly, and had better resolve the issue of whether Trump can run again or if the nation will be thrown into Constitutional chaos by allowing some states to block him.

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Holiday Week Open Forum!

/ Jack Marshall / 10 Comments

It sure seems like everyone’s gone to the Moon in Virginia. No traffic, missing neighbors, nobody for Spuds to go nuts over when we take a walk: it’s so quiet outside, I feel like Burgess Meredith in “The Twilight Zone.”

If you’re out there, what better way to reach than to launch a thread about an ethics issue?

Has-Been Director Panders to the Trump-Deranged, Trump Responds Like The Silly Jerk He Is, and the Media Pretends This Is Newsworthy: Make It Stop!

/ Jack Marshall / 7 Comments

I shouldn’t even be writing about this completely silly and worthless story. It exemplifies, however, the cesspool that we are going to be dunked in for all of the next year. Here’s how it goes:

ACT I

The mainstream news media decided to exploit the Christmas season as an opportunity to take a cheap shot at Donald Trump, since that is considered the patriotic duty of anyone who has ever had contact with him, and because he is a threat to democracy. So, as Columbus’s twin “Home Alone” movies were au courrant once again, Rolling Stone and some other enterprising Trump-bashers dredged up a three-year old Business Insider interview in which has-been movie director Chris Columbus, apparently looking to curry favor with the monolithic woke Hollywood community, revealed that Trump had “bullied” his way into the cameo he performed during “Home Alone 2.”

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Unethical Headline of the Month: “Man Who Made Billions Out of Death and Killing Dies at the Age of 94”

/ Jack Marshall / 4 Comments

“Nah, there’s mo mainstream media bias!”

That is the headline to this news report by Metro and carried by MSN on the death of Gaston Glock, the Austrian engineer who formed the Glock firearms company in 1963.

It’s as flagrant an example of biased journalists editorializing in news story headlines as you are ever likely to see. This represents a reporter, editor and publication distorting and manipulating the news to make a political statement. The anti-gun movement is especially fond of the appeal to emotion over facts that it represents.

Glock, as far as we know, never profited at all from anyone’s death or killing. He would have made the same profits if no one had ever fired one of his company’s guns. The headline is a lie, and yet MSN felt it was appropriate to circulate it on the web. The analogies to this kind of warped logic write themselves, and you can come up with them as easily as I can.

There was a time not so long ago when only underground newspapers, and supermarket tabloids would indulge in this level of garbage journalism.

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Pointer: Steve-O-in NJ

When Ethics Alarms Don’t Ring: Nikki Haley’s Answer To “What Caused The Civil War?”

/ Jack Marshall / 27 Comments

At a New Hampshire town hall, long-shot GOP Presidential wannabe Nikki Haley was asked what she believed caused the Civil War. She answered,

“I think the cause of the Civil War was basically how government was going to run. The freedoms and what people could and couldn’t do….I think it always comes down to the role of government and what the rights of the people are. And I will always stand by the fact that I think government was intended to secure the rights and freedoms of the people. It was never meant to be all things to all people. Government doesn’t need to tell you how to live your life. They don’t need to tell you what you can and can’t do. They don’t need to be a part of your life. They need to make sure that you have freedom. We need to have capitalism. We need to have economic freedom. We need to make sure that we do all things so that individuals have the liberties so that they can have freedom of speech, freedom of religion, freedom to do or be anything they want to be without government getting in the way.”

When the questioner said it was “astonishing” that she didn’t mention slavery, Haley replied: “What do you want me to say about slavery?” and called for the next question.

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“This is Basil. Though He Is a PhD, a Professor, and a Democratic Political Consultant, Bias Has Made Him Stupid and Ridiculous. Won’t You Give a Tax-Deductable Donation to Help Us Find a Cure For Basil and Victims Like Him?

/ Jack Marshall / 6 Comments

 Confirmation bias may be the most destructive bias of them all, creeping into the best of minds and casing them to malfunction wildly, and, in tragic cases like that of Basil Smilke, causing them to say and do things that destroy their credibility while making them look ridiculous. This is the bias that makes human beings see and believe what they want to see and believe when a conflicting reality is right in front of them.

I actually did a Danny Thomas spit-take when I read Smilke’s opinion column on CNN’s website titled, “Kamala Harris is not a liability. She may be Democrats’ best weapon.” I got a mouthful of coffee on Spuds, who was lying on me, and he was not pleased. Reading the headline, I was prepared to see that the crazy thing had been authored by a student at Madame Louisa’s Home for the Bewildered, but no. Smilke appears to be well credentialed and to have all his faculties, not that being a professor and director of the Public Policy Program at the Roosevelt House Public Policy Institute of Hunter College is the highest step on the academic ladder, but hey: Hunter has more credibility than Harvard, and it doesn’t allow plagiarism.

Now, I recognize that Smilke is also a Democratic Party political operative and consultant, so there is an alternate explanation for the piece that doesn’t make him look like a confirmation bias-infected moron. He could be lying to the public and to Kamala Harris in the hopes of getting a job. That would be unethical, of course, but then he’s a Democratic Party political operative and  consultant.

His opinion piece—and why would even CNN publish something this absurd?—reads like it was written under the influence of some powerful mind-altering drug. Here is his argument:

  • Harris has been unfairly savaged by Republicans and conservatives (and a substantial number of Democrats, but he doesn’t mention that) because she is a black woman. It’s all sexism and racism. “Biden’s second-in-command, a former US senator and California attorney general, is being dragged down by a barrage of tropes, the kinds of chatter that many women and racial minorities frequently confront in politics.”

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“Jeopardy!” Ethics,” 2023

/ Jack Marshall / 18 Comments

“Jeopardy!,” the apparently eternal TV game show that has persevered even as its once difficult questions have become increasingly pitched to the less-than-astute, ended its 2023 with a surprise. Mayim Bialik, the actress who is also (for an actress) unusually credentialed educationally, announced this month that she has been let go as a host of “Jeopardy!” Since 2021, Bialik, who had previously portrayed “Big Bang Theory” head nerd Sheldon’s girlfriend on the series, had shared the role of host with legendary “Jeopardy!” champ Ken Jennings. Bialik was the more reliable and professional of the two, perhaps because of her long performing background. Jennings was at the center of far more gaffes and controversies, though Bialik had her share. This season, for example, she disallowed all three contestants’ answers of ”Aleksandr Solzhenitsyn” because she found their pronunciations of the Russian writer and dissident’s name insufficiently accurate.

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