Saturday Leftover Ethics Candy, 11/2/19: The Spy In My Hotel Room, And Other Scary Tales

/ Jack Marshall / 12 Comments

Yum.

1. OK, I want to see all of the Facebook trolls who mock every single careless or foolish thing President Trump has ever said to be fair and consistent, and make an appropriately big deal over this astounding quote from the Governor of New York:

“[A]nyone who questions extreme weather and climate change is just delusional at this point. We have seen in the State of New York and we have seen — it is something we never had before. We didn’t have hurricanes or super storms or tornadoes,.”

Now, I’m relatively certain Cuomo doesn’t really mean that New York never had  big storms before the climate started warming, but the President’s critics in social media and the mainstream media never give him the benefit of the doubt, because they just know he’s an idiot…or lying.

In related news of the media double standard and its bash-Trump obsession, this article was given a three-column spread on the New York Times front page: “The ‘Whimpering’ Terrorist Only Trump Seems to Have Heard.” It is a breathless report of the results of a Times investigation into whether ISIS leader Abu Bakr al-Baghdadi really was wimpering, crying and screaming before he was killed by U.S. forces, as President Trump colorfully told the nation.

Let me be blunt: I..Don’t…Care.

Do you? This is like a fish story; it’s a non-material, unimportant fib at worst. Putting such a story on the front page is an exposé all right: it exposes the Times’ complete loss of all perspective regarding the President.

2. AI ethics. As my wife and I were checking out of our New Jersey shore hotel this week, I noticed an Alexa on the desk. Does that mean that our wild midnight orgy with the Mariachi band, the transexual synchronized swimming team and the goats was recorded and relayed to the Dark Web. I don’t know.  A hotel has an obligation to inform guests that these potential spies and future SkyNet participants are  in their rooms, and guest should have the option to say, as I would have, “Get that thing out of there!” Continue reading →

The High School Football Slaughter

/ Jack Marshall / 11 Comments

The winning team’s players weren’t really that much bigger; they just seemed that way.

The last time I wrote about the topic of high school football routs (I think) was here. In that post from 2013, I discussed a  “vengeful father who watched his son’s hapless football team get the just desserts of all hapless teams—losing badly” who filed a formal complaint accusing the winning team of “bullying.” The Aledo High School  (Fort Worth, Texas) should have “laid up, he claimed, and not doing so was poor sportsmanship.”

This guy apparently moved to Long Island, and bullied legislators there into adopting his concept of sportsmanship. Nassau County has a policy designed to prevent lopsided results in high school football games, decreeing that if a team wins a game by more than 42 points, the winning coach must explain to a special committee why such an outsize margin could not be avoided. If the coach is not sufficiently convincing, woe be unto him.

So when the  Plainedge Red Devils made a fourth-quarter touchdown against the previously unbeaten South Side Cyclones, making the final score 61-13, a 48 point margin, Plainedge coach Robert Shaver was called on the metaphorical carpet. His explanation wasn’t good enough, apparently, so he was given a one-game suspension.

From the Times account: Continue reading →

David Brooks’ Stockholm Syndrome

/ Jack Marshall / 21 Comments

We don’t blame you, David Brooks; it can happen to anyone.

David Brooks’ may be the smartest of the New York Times stable of columnists, and let that be a lesson to all of us. Intelligence, wisdom and erudition are not a sufficient bulwark against the often adverse influence of one’s culture, accurately described as similar to the relationship of water to a fish.  In this case, Brooks’ culture, his water, is defined by his almost unanimous Democrat, progressive, Trump-loathing colleagues, the corrupt and biased paper he works for, and its admitted partisan anti-President editor-in-chief, Dean Baquet.

Usually Brooks is careful about pandering to that culture or revealing how much his surroundings have marinated his brain and values; after all, his alleged role at the Times is House Conservative, a position that slowly but surely has devolved into “House Fake Conservative Who Enables The Times’ Progressive Agenda With An Occasional Sojourn Into Brooksian Pop Philosophy.  His column in today’s Times, however, pretty much blows that pretense away.

It is titled “Impeach Trump. Then Move On: Stop distracting from the core issue, elite negligence and national decline.” (Only David Brooks would use a phrase like “elite negligence” that has no obvious meaning.) The piece outs Brooks as thoroughly under the power of his captors in its first three paragraphs:

Is it possible that more than 20 Republican senators will vote to convict Donald Trump of articles of impeachment? When you hang around Washington you get the sense that it could happen.

The evidence against Trump is overwhelming. This Ukraine quid pro quo wasn’t just a single reckless phone call. It was a multiprong several-month campaign to use the levers of American power to destroy a political rival.

Republican legislators are being bludgeoned with this truth in testimony after testimony. They know in their hearts that Trump is guilty of impeachable offenses. It’s evident in the way they stare glumly at their desks during hearings; the way they flee reporters seeking comment; the way they slag the White House off the record. It’ll be hard for them to vote to acquit if they can’t even come up with a non-ludicrous rationale.

Such an opening is not designed to make open-minded readers read on. If this junk were not under Brooks’ byline, I’d probably stop reading, as I often do with similar screeds by his deranged and dishonest colleagues like Charles M. Blow, Thomas Friedman, Michelle Goldberg, David Leonhardt, and others, who have spent three years stoking the hate of the Times’ overwhelmingly Democratic readership.

Let’s examine some of Brooks shared delusions: Continue reading →

Ethics Dunce And Revealed Jerk: Former Houston Astros Pitcher Gerrit Cole

/ Jack Marshall / 13 Comments

Incredible.

I’ve never seen anything like it.

Gerrit Cole’s team, the Houston Astros, had just suffered a shocking defeat in the 2019 World Series at the hands of the underdog ( and significantly inferior) Washington Nationals. Cole had won the last Astros victory in Game 5 in impressive fashion, but his team returned home to Houston—where they had the best home record in baseball— to lose their third and fourth consecutive games in their  own stadium (they had never lost more than three straight all year) and  become the only team in World Series history to lose in seven games without winning a single home game.

The script for players on losing World Series teams is old and well-established. They say that they are proud of their team and team mates. They say that they wish the team could have won a championship for its fans, the best fans in the world. They say they are heartbroken, but that they salute the victors.  This isn’t hard.

But Gerrit Cole, after the final game of the 2019 World Series, appeared on TV wearing the cap of his agent’s company, and said, “I’m not an employee of the team.”  Continue reading →

Hispanic, Latino, Latinx…A Correction of Disinformation Perpetrated On Ethics Alarms!

/ Jack Marshall / 16 Comments

I’m sure it wasn’t intentional,  but on October 25, in a thread in response to this post, the estimable and usually reliable commenter Still Spartan stated as fact, in no uncertain terms,

My point is simply that speech about race has changed dramatically over the last 20 years. When is the last time you’ve heard the word Oriental? Heck, we don’t even say Hispanic anymore. But we did 20 years ago….Most people now use the term Latina or Latino, and even that is being replaced with Latinx. 

Your host responded,

If [ “most people”], do,then they are mistaken. Latino is a subset of Hispanic (meaning those from Spanish-speaking nations or regions) , which is why most political organizations use Hispanic in their title. Actually, the various groups don’t particularly like being lumped together at all. Mexican-Americans, Cuban-Americans, Puerto Rican-Americans and others resent the generalizations. Just because one’s “crowd” does something doesn’t make it correct or virtuous, but it’s true that a shocking number of people reason that way.

I don’t mean to pick on Still Spartan, but as there is so much angst these days about misinformation being spread on social media and the web, I certainly don’t want Ethics Alarms to be part of the problem. And, I confess that it annoys me when someone curtly declares here something to be true here that I am fairly certain is not.

SS also suggested in the comment above that “Latinx” was replacing :Hispanic.” I was dubious about this too. By happenstance, a recent poll on the topic, the results of which you see in the graphic, was introduced thusly on Medium:

Continue reading →

The Trump Impeachment Ethics Train Wreck: The Impeachment Resolution [Corrected]

/ Jack Marshall / 43 Comments

With this post, the Democratic strategy of finding a way to impeach President Trump officially gets its own Ethics Train Wreck status. Up to this point, stories relating to impeachment have been filed using the record-setting 2016 Post Election Ethics Train Wreck tag, since it, like so much else, flows from the Democratic Party/”resistance”/ mainstream media (the Axis of Unethical Conduct, or AUC) tantrum over Hillary Clinton blowing the election. An argument could be made that  I should have partitioned the impeachment push earlier, but I wanted to wait until the Democrats were really committed to their dangerous and divisive course. Now they are.

All aboard!

Not a single Republican voted for the resolution yesterday, not even those from less than bright-red districts. This was appropriate, since the impeachment push is not, as one should always be, a good faith Congressional reaction to conduct by the President which meets or might plausibly meet the Constitutional standard of “high crimes and misdemeanors.” Instead, this is the culmination of the Democratic Party’s determination from the beginning of the Trump Presidency to treat him as an illegitimate President and a usurper whom they intended to find a way to remove without an election.

The process, like the Mueller investigation, but even more so, has been so tainted and corrupted from the outset that nothing it uncovers short of smoking-gun evidence of an unquestionable crime by any interpretation can cure it.  House GOP Conference Chair Liz Cheney said as much yesterday ( “Democrats cannot fix this process.This is a process that has been fundamentally tainted.'”). Indeed, as Democrats were saying that the vote erased Republican complaints about  a lack of transparency in the process, Adam Schiff’s House Intelligence Chairman was holding another closed hearing. Continue reading →

“I’m Baaaack….” Ethics Catch-Up, 11/1/2019: And Answer, A Rebuke, And A Shock

/ Jack Marshall / 41 Comments

Rolled back into Alexandria last night, having had an uproarious response from the New Jersey Bar to the special Halloween edition of “Ethics Rock Extreme in Asbury Park seven hours earlier.  The group of lawyers demolished all previous groups for sing-along enthusiasm and prowess in the finale, “The Ethics Man,” a parody of Billy Joel’s “Piano Man.” (My colleague, collaborator and friend Mike Messer gets credit for their verve, I think, for he was in top form, delivering the various songs in hilarious impressions of Joel, Paul Simon, Bob Dylan, Johnny Cash, John Fogarty, and Bobby Pickett imitating Boris Karloff. among others.

I couldn’t get up the energy after the four-hour drive to get a post up last night, so the Ethics Alarms commentariat ended up holding down the metaphorical fort here for all of Halloween. I haven’t had a chance to read all of the comments, but thank-you, everyone. There were even some baseball ethics posts!

Still, there are a lot of ethics issues languishing in my absence. I’m fried, and there are also paying ethics jobs to do and promised to keep, so be patient with me, please.

1. An ethics answer to an ethics question. One Forum comment I did see was this one, from Sarah B.

I have an ethics question. The set up is a bit long, so please bear with me.

Imagine a small town where one out of every nine people works for the same company. Now, this company hires predominantly men, not because it is sexist, but because the work and positions available are more likely to be applied for by men. 9 out of every ten employees are male. In addition, it pays well enough that if a married man were to work in a salaried position, he could make enough money that his wife could stay home with the children if the couple displayed only a modicum of frugality. Thus, most stay-at-home mothers in the community have a husband who works for the same employer, usually in different stages of the chain of command.

Now, imagine that there was a low level supervisor and one of his subordinates. They are of similar ages and have similar values. Their wives are of similar ages and find each other to be enjoyable company. Their children are of similar ages and like to play together. Also, no one else in the supervisor’s area is of a similar age, value system, or time in their families. (No kids or college age kids)

Is it unethical for these two families to hang out socially? What if it is just the wives and kids, not the husbands? What about kids birthday parties, as the kids are friends?

I have heard both sides of this argument played out in my town, but often with both sides using some set of rationalizations from our host’s list. I’d like to hear a more educated opinion here.

Continue reading →

A Monstrous Halloween Open Forum, Starting This Evening…

/ Jack Marshall / 68 Comments

I am about to drive to New Jersey, where master singer/musician Mike Messer will assist me in presenting a special Halloween edition of “Ethics Rock Extreme,” our classic rock legal ethics seminar.  The three hour extravaganza will end around noon, whereupon my wife and I will commence the four+ hour trip back to Alexandria. I can’t promise that I’ll get a post or two up when I return, and I don’t want anyone thinking I’m dead if I don’t (liek last time), so here’s an open forum for Ethics Alarms readers to sound off and go crazy.

Ethically crazy, of course.

Observations On The Washington Post Op-Ed, “Why America Needs A Hate Speech Law”

/ Jack Marshall / 34 Comments

Richard Stengel, a frequent contributor on MSNBC, a former editor of Time magazine, and the  State Department’s undersecretary for public diplomacy and public affairs in the Obama administration from 2013 to 2016 wrote this embarrassing, anti-free speech screed.

Observations:

1. In the past I have criticized newspapers and other publications for publishing irresponsible opinion pieces. This time, I want to thank and praise the Washington Post. Either intentionally or inadvertently, it has performed a public service by using its op-ed pages to expose the hypocrisy, intellectual bankruptcy, ethics ignorance and relentless totalitarian rot of their own ideological compatriots.

2. I might say the same about  Stengal, but he really seems to think that he is making a persuasive case. Imagine: a man whom President Obama  and his Democratic administration trusted as a high level State Department official  can make an argument like this…

Why shouldn’t the states experiment with their own version of hate speech statutes to penalize speech that deliberately insults people based on religion, race, ethnicity and sexual orientation?

Why, Richard? Oh, gee, I don’t know…maybe because “insult” is a completely subjective standard? Perhaps because Massachusetts, Vermont,California, and Oregon might decide that arguments against climate change cant is hate speech, like Holocaust denial? Maybe  because the 14th Amendment prohibits states from abridging the Bill of Rights? Continue reading →

Morning Ethics Warm-Up, 10/30/2019: “Happy Birthday Little Sister!” Edition

/ Jack Marshall / 21 Comments

Good Morning!

Today marks the birthday of my younger sister, whom I have referred to here frequently. Growing up with her and following her life and career imbued me with an early and ongoing appreciation of the effects of sexism and pro-male bias in society, and I’m indebted to her for that. She has always equaled or surpassed me in ability and enterprise, yet often watched me receive more credit or praise for the same things she could do and did without similar acclaim. I know she resented me for that (probably still does—she won’t read Ethics Alarms, for example), and it frequently bruised our relationship over the years. She also taught me about moral luck: in general, I have been persistently  lucky, and she has not, and the difference was so evident that I learned very early in life not to congratulate myself for how the dice fell. She is finally happy in retirement, is about to welcome the first grandchild for this generation of Marshalls, her two adult children are healthy and prospering, and her beloved Nationals just forced a Game 7 in the World Series. She will have a happy birthday. Good. She deserves it.

1. Tales of the double standard, and the imaginary double standard. MSNBC and much of the progressive noise machine has decided to paint Rep. Katie Hill as a victim of a “vast right wing conspiracy,” in Hillary’s immortal phrase, and a vicious husband. If he indeed was the one who shared the salacious photos of Hill involved in various sex acts,  vicious he certainly is. But how can anyone say, as lawyer Carrie Goldberg does, that  “Katie Hill was taken down by three things: an abusive ex, a misogynist far-right media apparatus, and a society that was gleeful about sexually humiliating a young woman in power…None of those elements would be here if it were a male victim. It is because she is female that this happened’? Nonsense, and deceptive nonsense.

Hill resigned because a House ethics investigation was underway regarding her admitted sexual affair with a Congressional staffer and an alleged affair with her legislative director. She was not going to be kicked out of Congress for either or both; she probably resigned in part because she knew the investigation was going to turn up more and worse. The Naked Congresswoman Principle also played a part, as I discussed here. Does anyone really believe that equivalent photos of a male member of Congress displaying his naughty bits in flagrante delicto (my late, great, law school roomie loved saying that phrase) with both sexes would be shrugged off by his constituents and the news media? Who are they kidding?

Hill was arrogant and reckless, and is paying the predictable price, though she was not smart enough to predict it. Trail-blazers—I’m not sure being the first openly bi-sexual member of Congress is much  of a trail to blaze, but never mind—are always under special scrutiny and have to avoid scandal at all costs. Did Hill ever hear of Jackie Robinson? Allowing those photos to come into existence showed terrible judgment; using her staff as a dating resource was hypocritical for a member of the  #MeToo party and workplace misconduct too.

The fact that she is being defended tells us all we need to know about the integrity of her  defenders. Continue reading →