“When Ethics Fails, The Law Steps In”…Or In This Case, Technology

That’s part of a feature from a 1920’s magazine about how catchers and pitchers communicate regarding pitch selection in baseball. (I had Earl Smith on one of my favorite Strat-O-Matic teams, the 1922 Giants!) Trying to steal signs so a batter would know what pitch was coming—a huge advantage—was long part of the game and considered legal and fair, as long as the efforts came on the field. Once a team started using  spies in the stands and secret relay systems not involving players, the practice became unethical.

In 2017, as exhaustively discussed here in these posts, the Houston Astros used a technology-assisted system of sign stealing to win their division, the American League play-offs, and the World Series. It was one of the three most significant scandals in the history of the sport, trailing only the Black Sox World Series fixing plot in 1919 and the steroid scandal on the Nineties. Baseball, as a sport that values continuity and nostalgia, hates to change, but as with its acceptance of replay challenges to over-turn bad calls by umpires, the sport cannot pretend that technology hasn’t rendered some aspects of the game obsolete. There are too many ways to use technology to steal signs now.

Major League Baseball, following the Ethics Alarms motto that when ethics fails, the law steps in (and usually makes a mess of things), tightened its rules and penalties for illegal sign-stealing, but wisely recognized that rules wouldn’t be enough. Baseball managers, coaches and player are not known for well-functioning ethics alarms, and the financial benefits of cheating can be substantial: several Astros players had spectacular years at the plate in 2017 far beyond what they achieved before or since. All of them are many millions richer for it.

And thus it is that Major League Baseball announced yesterday that teams this season will begin using electronic devices that transmit signals from catchers to pitchers. Continue reading →

Ethical Quote Of The Week: Justice Amy Coney Barrett

“Does (a decision) read like something that was purely results driven and designed to impose the policy preferences of the majority, or does this read like it actually is an honest effort and persuasive effort, even if one you ultimately don’t agree with, to determine what the Constitution and precedent requires?”

—-Justice Amy Coney Bryant during remarks at the Ronald Reagan Presidential Library, explaining how Supreme Court decisions should be judged and assessed.

She predicated that advice with the recommendation, “Read the opinion.” Of course, most Supreme Court critics, even those writing op-ed critiques, often don’t bother to read SCOTUS opinions. The public almost never does, and the vast majority of the public is inadequately educated to understand the opinions if they did read them. Its so much easier to treat holdings that clash with one’s politic preferences as politically-driven positions rather than carefully worked out exercises in law, history and balancing of rights and interests.

She added,

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Incredible: Trump’s Lawyers Try An Even More Unethical Judicial Recusal Argument Than The One Democrats Are Using Against Justice Thomas

Where does Donald Trump find his ridiculous lawyers? Did they get degrees by sending in applications from match book covers or comic books like the one above?

Trump attorneys Alina Habba and Peter Ticktin want U.S. District Judge Donald Middlebrooks to recuse himself from Trump’s lawsuit accusing Hillary Clinton of being part of a conspiracy casting his 2016 campaign as colluding with Russia (which, of course, she was). Their motion, filed this week argues that Middlebrooks could be biased because Hillary’s husband selected him for the court in 1997.

Their motion says in part,

“There is no question that Judge’s Middlebrooks’ impartiality would be questioned by a disinterested observer, fully informed of the facts, due to Judge’s relationship with the Defendant, either, individually, or by the very nature of his appointment to the Federal Bench, by the Defendant’s husband. The most important issue is not simply that justice must be done, but also that justice must appear to be done. This could not be more important in a case like the above styled cause, where wrongs in regard to a presidential election are to be redressed.

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Ethics Quote Of The Day: Amber Athey, Washington Editor for “The Spectator”

“Company officials admitted that the perception of racism was more important than whether or not my tweet was actually racist.”

—Amber Athey, explaining how she was fired as a morning co-host of D.C.’s WMAL’s public affairs show, “O’Connor & Company.”

I will assume (Arguendo!) that Athey’s account is accurate; so far, the executives responsible haven’t denied it.

This is one of those periodic episodes that should be a trivial local story but that reverberates with significance. WMAL, owned by Cumulus Media, is a popular D.C. AM radio station (especially at “drive time”) regarded as “conservative” because it employs conservative talk radio pundits here and there until they cross some invisible line and get fired or driven away. Amber Athey, the Washington editor for The Spectator magazine, was fired from the “O’Connor & Company” morning radio for a stupid tweet on a stupid topic regarding a stupid woman.

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“You Are So Fucked.”

I was searching desperately for a YouTube clip of the memorable climax of “Michael Clayton,” in which the soul-dead law firm fixer played by George Clooney reveals to the Machiavellian general counsel of an industrial polluter that he is wearing a wire and that she has just been recorded admitting to murder. I couldn’t find the clip , but that memorable line (The New York Times would have written, “You Are So F-worded,” which just doesn’t work as well, somehow) jumped into my head the second I saw the photos of dead Ukrainian civilians in Bucha, murdered in undeniable war crimes and thrown into ditches.

Putin and Russia are so fucked. Neither can come back from this. The only thing delaying the inevitable is the news blackout in Russia, but that can’t last too much longer. Putin is actually claiming that the bloody corpses are “actors”—Russians may have a self-destructive addiction to dictators, but they aren’t stupid. The latest horrible news from Putin’s unprovoked invasion—as if there hadn’t been too much all ready—clinches it. Russia is now globally reviled, and it won’t come back from that until Putin is dead or standing trial.

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Morning Ethics Ketchup, 4/5/2022: Ten Ethics Tales, And More Are Still On The Shelf!

No ethics warm-up for two straight days leaves me with a big pile of stinking undiscussed and aging issues and events….

1. So much of “in sickness or in health”...Baseball Hall of Fame lock Albert Pujols, recently signed to another multi-million dollar contract to be the St. Louis Cardinals designated hitter, waited a couple of days after his wife Deidre underwent  surgery removing a brain tumor to announce he was divorcing her. “I realize this is not the most opportune time with Opening Day approaching and other family events that have recently taken place. These situations are never easy and isn’t something that just happened overnight,” he wrote in part.  Yeah, I’d put the baseball stuff after the family stuff, Albert. I’m sure this came as no surprise to his wife (at least I hope so), and whatever part of the $344 million he has been paid through the years will definitely help, but especially with five children, letting his wife at least recuperate from a traumatic operation before dumping her would seem to be the more ethical course. Pujols’ reputation is one of being a nice guy; you know, like Will Smith.

2. Watching free speech get “chilled” in real time...at the Grammys—who watches the Grammys?—host Trevor Noah began by promising that the he would be keeping “people’s names out of [his] mouth,” referring to Smith’s shouted demand after he went slap-happy. And he did. Today the New York Times critic approved of Noah not taking “meanspirited swipes.” If Chris Rock’s mild joke about a woman choosing to shave her head for a public appearance is now “mean-spirited,” the Left’s attempt to shut-down all comedy (except meanspirited swipes at men, whites and Republicans, of course, is nearing success.

3. Calling the Humane Society and the ASPCA! Martha Stewart announced that her four dogs killed her cat when they “mistook her for an interloper and killed her defenseless little self.” Did the dogs sign a statement to that effect? Her four dogs constituted a pack, and making a cat try to coexist with a pack of dogs is irresponsible. What really happened, I’s surmise, is that the cat and one of the dogs had what would have normally been a brief altercation, and the pack instinct kicked in for the other three. Continue reading →

And One More Thing…Addendum “To More Web Laziness, Negligence and Incompetence: “The Saddest Songs In History”

I went downstairs to eat lunch and realized that I couldn’t leave Pete Seeger’s “Where Have All The Flowers Gone?” out of the discussion started in the last post.

It may not be one of the 40 saddest songs of all time, but I know this: Marlene Dietrich’s performance of the anti-war ballad was the most emotional performance of any song I have ever witnessed in my life. She used “Where Have All The Flowers Gone?” as the encore in her concerts, and the combination of her unique voice, amazing face, and what we know of her activities during the war, made the whole package overwhelming.

Here it is, essentially the same performance I saw live, almost 20 years later.

More Web Laziness, Negligence and Incompetence: “The Saddest Songs In History”

I know, I know: these slideshows are clickbait. That’s no excuse for presenting what is supposed to be a definitive list when you haven’t done any research, talked to anyone with more perspective than you, or bothered to even think hard about what you are doing.

A web hack named James Cannon purported to have a slideshow of the 40 “saddest” songs “in history,” —someone may have even paid him for it—but as is usually the case with such stunts, “history” meant the obscenely narrow band of this guy’s experience, Because he didn’t know what he was talking about, he had to resort to filler, including songs that aren’t sad by any standard, like “It’s a Wonderful World,” while somehow missing classic songs that are world famous as heart-breakers. like, for heaven’s sake, “Danny Boy,” written by English songwriter Frederic Weatherly in 1913, and set to the traditional Irish melody of “Londonderry Air.” The song is still played at funerals, which would be a big hint, if Cannon performed a modicum of due diligence before making readers culturally and musically ignorant.

My objective isn’t to argue about all 40 songs; he’s as welcome to his list as I am to mine. But if your category is “history,” you can’t limit the field to recent pop music, which is, with a few (and seemingly arbitrary) exceptions what he does. You can’t make the list he purports to have made and completely stiff country western music, which is famously sad. This Hank Williams classic isn’t on the list of 40, for example:

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Three Ethics Metaphors: The Rise, The Presidency And The Fall Of Donald J. Trump, Part III: And This One Applies Equally To Joe Biden

I bet everyone has forgotten about this series, which began on Ethics Alarms almost a year ago. I haven’t.

The first metaphor for the Trump Presidency was that of the passengers in an airplane navigating a storm voting to let a dog (in some versions, a chimp) try flying the craft. The metaphor was apt, and it’s still apt, even though moral luck worked its magic, and not only did the plane not crash, the dog turned out to a better pilot than anyone could have predicted. It was still irresponsible for this country to permit a man with Trump’s well-documented character flaws and proven proclivities both and executive and a human to be given such control over the destiny of the nation.

The second metaphor was from “Animal House”:

As I wrote:

A segment of the population decided that the system was rigged against them, that Democrats and Republicans were both involved in a massive, decades long con in which their primary goal was not to do what was in the public interest, but what was most likely to keep them in power and eventually line their pockets, and that their voices were not just being ignored, but that they were being insulted while being ignored. The so-called “deplorables” were mad as hell, and they weren’t going to take it any more. Voting for Trump was an “Up yours!” to the elites, the sanctimonious media, the corrupt Clintons, the hollow Obamas, and obviously corrupt Democrats like Pelosi and Harry Reid, machine Republicans like Mitch McConnell, and pompous think-tank conservative like Bill Kristol…It’s idiotic, but the message isn’t. It’s “Animal House”! and “Animal House” is as American as Doolittle’s Raid….In Germany, The Big Cheese says jump and the Germans say “How high?” In the US, the response is “Fuck you!” Obama never understood that…. I love that about America. And much as I hate the idea of an idiot being President, I do love the message and who it was sent to. America still has spunk.

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Comment Of The Day: “Ethics Quiz: Terms Of Affection And The Second Wife”

I guess I should apologize for using that clip to introduce DaveL’s sensitive and wise Comment of the Day, but I couldn’t resist: just leaped into my head. Otherwise, his superb observations need no introduction.

This is DaveL’s Comment of the Day on the post, “Ethics Quiz: Terms Of Affection And The Second Wife.”

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I lost my first wife at a young age. She was 30, I was 26, we had been married a little over two years. I’ve since remarried, and have been so for nearly 13 years.

Widowhood seriously messes with people’s heads when it comes to timeless ideas of true love and fidelity. Divorce they can cope with – clearly that person wasn’t “the one”. It “wasn’t meant to be.” The pledge you made to love them for the rest of your life has been ruptured, no more need be said about it. But widowhood, particularly in the young who remarry, screws it all up because they feel they must choose one spouse to be “the one”, the “real” spouse, the “love of one’s life”, and the other one denigrated to understudy status. Continue reading →