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How Can You Tell If Hillary Clinton Is Lying? Her Lips Are Moving…

/ Jack Marshall / 35 Comments

Hillary Clinton

Non-partisan, irony-obsessed, law professor  blogger Ann Althouse noted this quote today, from Hillary’s almost completely ignored speech on “American exceptionalism”:

“If there’s one core belief that has guided and inspired me every step of the way, it is this: The United States is an exceptional nation.”

“Why does everything sound like a lie?” Althouse asks. Then, in the comments to her post site, she finds the answer from a commenter called Rob: because it is a lie. He wrote:

Hillary chose her words carefully: “if there’s one core belief that has guided and inspired me every step of the way . . . .” In fact, there is not one core belief that has guided her–unless you count ambition as a core belief.

Ann’s response: “Rob, are you a lawyer? Good catch!”

Yes, it turns out, Rob is a lawyer; he went to law school with Hillary, in fact. And it is a good catch, too, one that Hillary and Bill and all of the politicians who use deceit as a primary language count on most listeners NOT catching. Hillary never said that she believes or is guided by the belief that “the United States is an exceptional nation.” She only said that if she were guided by a core belief, that would be it, but said it in a way that most people will hear to mean that she does believe in American exceptionalism. It’s like me saying that if there was one mass murdering dictator that I admired, it would be Mao. But there are no mass murdering dictators that I admire in the least, and I don’t admire Mao.

I don’t especially care if a candidate believes in American exceptionalism or not. I do care that a candidate uses words and crafts sentences to deceive trusting listeners.

Somebody might inadvertently utter a sentence like Clinton’s without trying to deceive and mislead. Hillary, however, like her husband, long ago lost any right to the benefit of the doubt in this realm.

_____________________

Pointer: Ann Althouse

A Deft And Appropriate Rebuke To Climate Change Hysteria

/ Jack Marshall / 19 Comments
FLASHBACK: Jonestown combats climate change

FLASHBACK: Jonestown combats climate change

On her blog, Ann Althouse delivered a devastating and ethically profound defenestration to Jennifer Ludden, a  correspondent for NPR’s “All Things Considered” who delivered a mad feature she called “Should We Be Having Kids In The Age Of Climate Change?”  Now, the very question is incompetent and irresponsible, as it treats a speculative future event—she even admits that it is speculative!–of unknown cause, arrival, duration and seriousness as the equivalent of certain nuclear war or a zombie apocalypse. The essay and her attitude represent hysteria, cowardice, scare-mongering and an insufficient appreciation for the importance of continuing the species, or at least having people smart enough to spell “climate change” contributing to the gene pool so “Planet of the Apes” doesn’t become reality. No, the pre-emptive extinction of the human race is not a rational response to the problems posed by climate change, Jennifer, and why the hell are my tax dollars being wasted to hire people who want people to think it is?

That would be my crude response to this cretinous piece. Ann Althouse, however, is far cleverer, constructive, less confrontational and effective in her response, which in its own way is more damning than mine. She launches from this quote from the NPR piece:

“I said to [my children], ‘I hope you never have children,’ which is an awful thing to say. It can bring me to tears easily,” said 67-year-old Nancy Nolan, who had children before she learned found out about climate change.”

Prof. Althouse, contrary to my inclination, doesn’t counter with, “Oh? And what did you ‘find out,’ Nancy? Here are computer printouts of climate trends and projections from five different models. Which is correct? Explain it to me, please. Show me you understand what the hell you’re talking about that is so devastating that you wish your children had never been born, you silly, silly twit!”

Instead, she writes,

If anybody really cares about carbon emissions, stop your crying and be hard-headed about what emits carbon. It’s not the person per se, but what the person does. Back in 2010, I made a list of changes you could make to your behavior. No air conditioning isn’t on the list, because that is already a given. If you haven’t done that yet, Nancy and the Weepers, you are crying crocodile tears. So get up and switch that off. Forever. And now, read my list:

It includes such “common sense’ advice as this…

“Do not go anywhere you don’t have to go. When there is no food in the house to make dinner, instead of hopping in the car to go to the grocery store or a restaurant, take it as a cue to fast. As noted above, your weight should be at the low end of normal, and opportunities to reach or stay there should be greeted with a happy spirit.”

I won’t include any more here. The professor’s clear message: why don’t you make some sacrifices yourself rather than condemn the species to extinction?

Read the whole thing on her blog. Ann earned the click.

A Brief Message From The Ethics Bunker

/ Jack Marshall / 156 Comments

soldier_in_bunker

Ethics Alarms was happily bumping along at record-setting pace this year for traffic and comments, and suddenly hit a wall about mid-April. Visitors have been down 10% or more ever since. Ironically, this occurred just as the registers followers of the blog took a large leap forward after being in a rut for almost six months. 2016 is still well ahead of EA’s previous best year, but an unexplained crater like this is troubling. Usually May is the blog’s best month.

At least one heavy contributor has gone AWOL due to Trump/Clinton depression, which I share.  I would not be surprised if EA lost a significant number of  Never Hillary readers because of the official position here, which will not change, that voting for one of the most untrustworthy candidates in U.S. history is the only rational, patriotic and ethical response to the existential danger to the nation posed by the candidacy of Donald Trump. (See: A Nation of Assholes; this, 7 months later, from George Will, and about 8 months later, this, from Robert Kagan.) Continue reading →

No, I’m Not Angry, And No, I Don’t Hate The Clintons, And Yes, I Know What You’re Doing By Claiming Otherwise

/ Jack Marshall / 22 Comments

the_incredible_hulk-6679

A website linked to Ethics Alarms last week, and inadvertently exposed me to some nasty critics*, one of whom wrote  that among other transgressions, I “really hate the Clintons” and am “a very angry person.”

I know what this is, and I enshrined the technique as Rationalization #48. Ethics Jiu Jitsu, or “Haters Gonna Hate!”:

This vintage of obnoxious rationalization is recently pressed. Its objective is to turn the tables on legitimate critics of unethical conduct by asserting that it is the act of criticism itself that is wrong, thus allowing the object of the criticism to not only escape unscathed, but to claim victim status... The politically-motivated legal monstrosities known as “hate crimes”  have inspired this rationalization by making it plausible to argue that dislike itself is wrong, even when what is being disliked, criticized or hated is objectively wrongful conduct. All “haters” are lumped together, whether the object of hate is Lance Armstrong’s cheating, the NFL’s conspiracy to hide the effects of concussions, or Barack Obama’s ineptitude, in a linguistic trick that suggests that sincere critics are no different from people who hate the United States, minorities, decency, true love and puppies. They are all haters, hate is bad, and it’s the haters who are the problem, not the corruption, dishonesty, and betrayals they criticize…

I don’t hate the Clintons. I have no emotional investment in the Clintons at all, any more than I am filled with hatred for Donald Trump, Melissa Harris-Perry, Bill O’Reilly, Kim Davis, Nancy Pelosi, Harry Reid, Mitch McConnell, Michele Bachmann, Debbie Wasserman Schultz, Carol Costello, Barry Bonds, Tom Brady, the NFL, PETA or any of the targets of intense criticism here. Hate is a powerful emotion, and it leads to irrational decision-making. This is a blog dedicated to ethics, which requires rational decision-making. Hatred leads to bias, and bias makes us stupid. I am not a hateful person; I doubt that anyone who knows me thinks of me as a hateful person. Continue reading →

The Seventh Annual Ethics Alarms Awards: The Best of Ethics 2015, Part I

/ Jack Marshall / 16 Comments

Sweet Briar montage

Welcome to the Seventh Annual Ethics Alarms Awards, our blog’s retrospective of the best and worst in ethics over the past year, 2015.

It was a rotten year in ethics again, it’s fair to say, and Ethics Alarms, which by its nature and mission must concentrate on episodes that have lessons to convey and cautionary tales to consider probably made it seem even more rotten that it was. Even with that admission, I didn’t come close to covering the field. My scouts, who I will honor anon, sent me many more wonderfully disturbing news stories than I could post on, and there were many more beyond them. I did not write about the drug company CEO, for example, who suddenly raised the price of an anti-AIDS drug to obscene levels, in part, it seems, to keep an investment fraud scheme afloat. (He’ll get his prize anyway.)

What was really best about 2o15 on Ethics Alarms was the commentary. I always envisioned the site as a cyber-symposium where interested, articulate and analytical readers could discuss current events and issues in an ethics context. Every year since the blog was launched has brought us closer to that goal. Commenters come and go, unfortunately (I take it personally when they go, which is silly), but the quality of commentary continues to be outstanding. It is also gratifying to check posts from 2010 and see such stalwarts who check in still, like Tim Levier, Neil Dorr, Julian Hung, Michael R, and King Kool.  There are a few blogs that have as consistently substantive, passionate and informative commenters as Ethics Alarms, but not many. Very frequently the comments materially enhance and expand on the original post. That was my hope and objective. Thank you.

The Best of Ethics 2015 is going to be a bit more self-congratulatory this year, beginning with the very first category. Among other virtues, this approach has the advantage of closing the gap in volume between the Best and the Worst, which last year was depressing. I’m also going to post the awards in more installments, to help me get them out faster. With that said….

Here are the 2015 Ethics Alarms Awards

For the Best in Ethics:

Most Encouraging Sign That Enough People Pay Attention For Ethics Alarms To Occasionally Have Some Impact…

The Sweet Briar College Rescue. In March, I read the shocking story of how Sweet Briar College, a remarkable and storied all-women’s college in Virginia, had been closed by a craven and duplicitous board that never informed alums or students that such action was imminent. I responded with a tough post titled “The Sweet Briar Betrayal,” and some passionate alumnae determined to fight for the school’s survival used it to inform others about the issues involved and to build support. Through the ensuing months before the school’s ultimate reversal of the closing and the triumph of its supporters, I was honored to exchange many e-mails with Sweet Briar grads, and gratified by their insistence that Ethics Alarms played a significant role in turning the tide. You can follow the saga in my posts, here.

Ethics Heroes Of The Year

Dog Train

Eugene and Corky Bostick, Dog Train Proprietors. OK, maybe this is just my favorite Ethics Hero story of the year, about two retired seniors who decided to adopt old  dogs abandoned on their property to die, and came up with the wacky idea of giving them regular rides on a ‘dog train” of their own design.

Ethical Mayor Of The Year

Thomas F. Williams. When the Ferguson-driven attacks on police as racist killers was at its peak (though it’s not far from that peak now) the mayor of Norwood, Ohio, Thomas F. Williams, did exactly the opposite of New York Mayor Bill de Blasio in response to activist attacks on the integrity of his police department. He released a letter supporting his police department without qualification. At the time, I criticized him for his simultaneously attacking activists as “race-baiters.” In the perspective of the year past, I hereby withdraw that criticism.

Most Ethical Celebrity

Actor Tom Selleck. In a terrible year for this category, Selleck wins for bravely pushing his TV show “Blue Bloods” into politically incorrect territory, examining issues like racial profiling and police shootings with surprising even-handedness. The show also has maintained its openly Catholic, pro-religion perspective. Yes, this is a redundant award, as “Blue Bloods” is also a winner, but the alternative in this horrific year when an unethical celebrity is threatening to be a major party’s nominee for the presidency is not to give the award at all.

Most Ethical Talk Show Host

Stephen Colbert, who, while maintaining most of his progressive bias from his previous Comedy Central show as the successor to David Letterman, set a high standard of fairness and civility, notably when he admonished his knee-jerk liberal audience for booing  Senator Ted Cruz

Sportsman of the Year

CC Sabathia

New York Yankee pitcher C.C. Sabathia, who courageously checked himself into rehab for alcohol abuse just as baseball’s play-offs were beginning, saying in part,

“Being an adult means being accountable. Being a baseball player means that others look up to you. I want my kids — and others who may have become fans of mine over the years — to know that I am not too big of a man to ask for help. I want to hold my head up high, have a full heart and be the type of person again that I can be proud of. And that’s exactly what I am going to do.”

Runner-up: MLB Commissioner Rob Manfred, who dismissed the ethically-addled arguments of Pete Rose fans to reject his appeal to be have his lifetime ban for gambling lifted.  For those who wonder why football never seems to figure in this category: You’ve got to be kidding.

Ethics Movie of the Year

SpotlightTIFF2015

“Spotlight”

Runner-up: “Concussion”

Most Ethical Corporation

Tesla Motors, the anti-GM, which recalled all of its models with a particular seatbelt because one belt had failed and they couldn’t determine why. Continue reading →

Comment of the Day: “The Washington Post Drops Its Resident Op-Ed Socialist. Good.”

/ Jack Marshall / 3 Comments

Post paper

The honor of the first Comment of the Day in 2016 goes to pennagain, previously penn, who assesses the forces turning our journalistic establishment to ethics mush. It is not a pretty scenario, but well worth thinking about. He was inspired by my article about the Washington Post dropping socialist pundit Harold Meyerson in part because he wasn’t getting enough clicks. Where it stops, nobody knows.

Here’s pennagain:

Twelve [delivered Washington Post daily print editions in another commenter’s apartment building] down to two is about what the trend is for paper subscriptions running out, and free internet use taking over. In the short run, probably, the metro papers will all go behind the paywall while smaller ones hold out for local advertisers, but for now there is a steady drop in print and a rise in online subscriptions, with a (temporary) small increase in access to both. All news media — newspapers, television and radio — are losing ground to the fragmentation of the internet universe as it “narrowcasts” to further and further special interests. The long run is not a pleasant prospect.

In the meantime, the born-to-the-web generation has been raised on free news, as have a majority of the current readers who lost their home-delivered (now less than 400) newspapers.

My concern is that perception of news is probably down about the same (12:2) — the smaller the screen, the poorer the perception. Internet pages are awash with advertisements up and down the sides and through the middles, flashing and flickering, sounding out automatically (this is fairly recent distraction and, I think, a true impingement on privacy), not to mention the seductive invitations between paragraphs to links that frequently cut into the text itself.

In a medium where the whole story could be presented as such on one “page,” it is cut into pieces and continued-on other screens, each of which takes more and more time to load its own load of ads. More incentive for those not desperately hooked to the story to check out one of the links or the next site down the line instead of getting all the information saved for more advertising. Click.

Continue reading →

My Bi-Annual Typo Apology

/ Jack Marshall / 12 Comments

pubic-defender-typo

I just decided to go over recent posts to catch typos until I hit one of them that had none. That took six typo-riddled posts, so now I’m taking a break and beating my head against the wall.

Typos here have been more quickly addressed this year than before, because kind and sharp-eyed reader SamePenn has been checking for them with his proof-reading super-power and quickly alerting me. Unfortunately, I’m about 20 posts behind in fixing the typos he flagged. That’s all my fault: this is the ProEthics crunch time, I’m traveling or speaking a lot, there are a lot of important ethics issues to cover, both of my computers are having issues, and most of all, I am handicapped by a lifetime inability to type or spell. When I’m juggling too many things at once, it gets worse

Believe me, I know: this is publishing, the issues are important, and typos are unprofessional, undermining the credibility and persuasiveness of everything I write. One reason I enjoy Prof. Jonathan Turley’s blog is that he has almost as many typos as I do.  It makes me feel a little better.

I apologize to all of you. It will continue to be a struggle, but I promise that I  am not unaware of the problem, or minimizing its importance.

Ethics Musings I : The Dark Side Of Personal Injury Lawyers

/ Jack Marshall / 28 Comments

better-call-saul

I’ve been reflecting, since yesterday, on the bizarrely angry and intellectually dishonest protests registered here and on his own blog by trial lawyer Eric Turkewitz regarding the aunt who sued her 12-year-old nephew. His arguments, if you can call them that, consisted of constantly shifting the issue from ethics (what the aunt should have done) to law (what the aunt had a legal right to do), denying the core problem (Why would anyone assume that a child is harmed by dragging him into court, subjecting him to examination in front of strangers, and focusing on him as a wrongdoer and responsible for his aunt’s alleges misery, all mandated by the aunt who supposedly loves him?), and appealing to a dizzying list of rationalization and fallacies. He then made his exit by accusing me, a lawyer, of “knowing nothing about the law” (I made no assertions about the law at all—this is not a legal issue) making everyone stupid, and being a narcissist, a full-bore ad hominem attack ending in an ominous “May God have mercy on your soul!” Why would he act like that?

The reason, I realize, is that my posts challenge the basic belief system of the plaintiff’s bar, which I know very, very well having worked in an executive position and run such diverse programs as the research data base, conventions, sections, litigation groups and more over seven years with the Association of Trial Lawyers of America. Now ATLA is called “The American Association for Justice,” a name chosen purposefully to disguise the fact that it is a plaintiff’s lawyer’s lobby by keeping “trial lawyers” out of the name because it had a negative response in marketing studies. (I kid you not.)

Trial lawyers have done a lot of good and important things and continue to, but the profession is corrupting. There is a lot of money to be made, and ATLA–excuse me, AAJ, is devoted to eliminating any limits on their members’ ability to sue anyone for any amount, no matter what harm it does to the economy, the nation, the cost of health care, the bonds of trust in society, personal liberty, or public respect for the civil justice system. Individually, members of AAJ are among the top donors to the Democratic Party, in part to make sure that they can block all Republican efforts to limit jury awards, spurious lawsuits, and damages that have to be paid by negligent corporations when they destroy lives through shoddy products, conspiracies, and other conduct. The other reason is that Democrats support the redistribution of wealth, and trial lawyers profit by it.

In the matter of keeping corporations accountable, the AAJ is, as they will constantly remind us, on the side of the angels. But like other interest groups (the NRA, the ACLU, NOW, and may more) that stake out  extreme, self-serving and unethical positions in defense of legitimate rights, trial lawyers often feel that they must take the position that every injury and misfortune deserves compensation by someone else. Eventually, they believe it. Justice is taken out of the equation for all but the plaintiffs bar’s clients. Justice means that someone else is always at fault. Continue reading →

My Reply To Eric Turkewitz’s Criticism Regarding “The Worst Aunt Ever”

/ Jack Marshall / 71 Comments
This guy would have given The Bad Aunt the right advice...

This guy would have given The Bad Aunt the right advice…

Eric Turkewitz is a New York trial attorney, by all accounts a terrific lawyer, by the evidence of his writing an ethical and astute one, in our brief encounters a very nice guy, and the proprietor of “The New York Personal Injury Law Blog.” In a recent post, he defends the decision of Jennifer Connell to sue her young nephew for a four-year old injury she received when he hugged her too enthusiastically at her birthday party. He notes, correctly, that the decision to sue was based on the client accepting a “bad call” by her lawyer. He also includes a lot of information not mentioned in the early posts on the matter, including mine. Still, he defends Connell. He also specifically criticizes my post. Eric writes,

And this is from Jack Marshall, who says he actually teaches ethics and has a blog called Ethics Alarms (coded “no follow“):

“What’s going on is that Aunt Jennifer is pure hellspawn, a mysteriously animated pile of human excrement that embodies the worst of humanity.”

This is what happens when people elect to post stuff on the web based on an initial news report that was, shall we say, very selective on what it chose to report. This site is getting quite a bit of traffic, most likely from many who never knew it existed. So let me answer a question some of you may have: Yes, I know what it’s like to be on the receiving end of lawsuits, and they weren’t nearly as benign as this run-of-the-mill kind: On Suing and Being Sued.

Yes, I “actually teach ethics,” and I could, in fact, teach Eric some things that he would find useful and enlightening. I’m not going to get in a pissing match with him, in part because, as I learned from another tiff four years ago (in which I was wrong, and duly apologized), he has some very, very nasty pals, and I don’t want to throw blood in the water. This is, however, an excellent example of how lawyers often end up seeing the world, and in fact I may use his post, unattributed, in seminars to show where legal ethics and ethics diverge. It is wise for lawyers to be atuned to both.

Here was the response I made to Eric on his blog: Continue reading →

It Looks Like Ahmed’s “Cool Clock” Was A Hoax After All. Now What?

/ Jack Marshall / 62 Comments

Ah, Barack, Barack, Barack.  I keep telling you that responsible leaders don’t inject themselves into local matters and trivial issues, warping attention and priorities, politicizing issues that shouldn’t be political, making things worse. But your learning curve is still, on this as regarding so much else, flatter than a Jeb Bush’s poll numbers. Why? Why?

It is increasingly looking like Ahmed Mohamed didn’t build a clock after all. Whatever he brought with him to school, it shouldn’t have gotten him arrested, and whatever got him arrested, it shouldn’t have gotten him a White House invitation when so many other worse examples of school abuse of kids, some spurred by your own excessive rhetoric about guns, didn’t even cause a momentary hitch in Obama’s golf swing. As it stands now, what may have been a  dishonest stunt by a smart Muslim kid has paid off big time, and either the kid is trapped in a lie that keeps getting worse, or enjoying the fact that he is making a lot of people look like  fools, including the President of the United States. This is increasingly looking a real life version of the famous Simpsons episode in which Bart’s practical joke involving an imaginary child named “Timmy” who has fallen down a well causes a media frenzy that traps Bart.

Ahmed is a child: his conduct can be forgiven. The adults in the episode, however, shouldn’t be.

Let’s catch up with the narrative, which I last visited here. It always looked like an example of confirmation bias gone wild, with just another example of school administrators showing no judgment and being cruel to students  appropriated by Democrats, progressives and the media to serve their agenda of framing legitimate distrust of radical Islam as racism and bigotry. Now, however, it appears that all of them were taken in by a stunt of the sort that most of us, if we think back, can recall from one or more of our own classmates: the faked science project. Continue reading →