California

Morning Ethics Warm-Up, 4/2/2018: The Unreliable Authorities Edition

/ Jack Marshall / 38 Comments

Good morning!

1.  Another baseball ethics dispute! This is an exciting time of changes in the traditional wisdom of how to play Major League Baseball, all sparked by that new ethics bugaboo, Big Data. Now that so many aspects of the game can be measured and analyzed, tradition and assumptions rarely challenged are now under fire. One massive shift is, ironically, in the matter of shifts, radical defensive alignments in which players are not fielding their normal positions, but rather are places where computer spray charts for each batter suggest that the likelihood of fielding a ball is highest.  This can mean anything from one lonely fielder on the left side of the infield, or four outfielders.

Shifts are not new, but they used to be used on a handful of super-sluggers with dead-pull propensities, notably Ted Williams, who famously refused to bunt for easy hits to the unoccupied side of the field, and instead usually tried to hit through or over the shift. It has been estimated that the Williams Shift, combined with the player’s infamous stubbornness, cost him many points off of his lifetime batting average, especially since Williams defeating the shift by bunting might have discouraged its use.

But he was Ted Williams, the second greatest hitter of all time.  The question of whether lesser batters should bunt against shifts, for now many teams shift against everyone, has an easy answer: Of course they should.

In yesterday’s Twins-Orioles game, Twins starter Jose Berrios had  a one-hit shutout in the ninth inning. leading with one out and no runners on base. O’s rookie catcher Chance Sisco came to the plate—he has my favorite baseball name this season–and the Twins put on a shift like the one Ted Williams despised:

So, knowing he wasn’t Ted Williams and also knowing that in baseball even seven run leads aren’t a sure thing, Chance dropped down a bunt to the left side for a single. Berrios then walked two batter Davis and Manny Machado to load the bases, but finished his shutout by getting the next two outs without further disruptions.

After the game, the Twins players questioned the ethics of Sisco’s hit. Berrios said, “I just know it’s not good for baseball [to bunt] in that situation. That’s it.” Twins outfielder Eddie Rosario said, “Nobody liked that. No, no, no. That’s not a good play.” Second baseman Brian Dozier added, “Obviously, we’re not a fan of it. He’s a young kid. I could’ve said something at second base but they have tremendous veteran leadership over there. I’m sure they’ll address that. It’s all about learning. You learn up here.”

When do you “learn” not to try to win the game and get on base? For Sisco, a rookie, sending the message that shifting against him is a bad risk also is a wise career move. There is a long-standing, and stupid, unwritten rule in baseball that it is “bush league” to try to break up a no-hitter with a bunt, but extending that dubious logic to a mere shutout breaks the Stupid Meter.

2. Coffee is good for you, but be worried when you drink it. Continuing its rapid devolution into Bizarro World, just as increasing scientific evidence suggest that coffee is good for you, California is demanding that it carry a tobacco-like warning label. Last week a judge ruled that Starbucks and  other coffee companies in California must carry a cancer warning label because of a chemical produced while beans roast has been shown to cause cancer in high doses. California’s Safe Drinking Water and Toxic Enforcement Act  requires companies with more than 10 employees to warn their customers about the presence of carcinogenic and toxic chemicals in their products, even in tiny amounts. Acrylamide, a chemical compound that is produced naturally during the roasting of coffee beans, is on the state’s list of chemicals known to cause cancer or reproductive toxicity. The judge ruled that the coffee company had the burden of proof  to show that acrylamide posed no significant health risk to coffee drinkers, even though there is no evidence that coffee does pose a risk. Continue reading →

From The Ethics Alarms “Ethics Mysteries” Files: Explain To Me Again Why Public Employees Like Police Have A Right For The Public Not To Know They Should Have Been Fired…

/ Jack Marshall / 9 Comments

Only three states—New York, Delaware and California–have laws specifically shielding police misconduct records from the public. How can this possibly be justified?

From BuzzFeed, which was working from leaked documents:

…from 2011 to 2015 at least 319 New York Police Department employees who committed offenses serious enough to merit firing were allowed to keep their jobs. Many of the officers lied, cheated, stole, or assaulted New York City residents. At least fifty employees lied on official reports, under oath, or during an internal affairs investigation. Thirty-eight were found guilty by a police tribunal of excessive force, getting into a fight, or firing their gun unnecessarily. Fifty-seven were guilty of driving under the influence. Seventy-one were guilty of ticket-fixing. One officer, Jarrett Dill, threatened to kill someone. Another, Roberson Tunis, sexually harassed and inappropriately touched a fellow officer…At least two dozen of these employees worked in schools. Andrew Bailey was found guilty of touching a female student on the thigh and kissing her on the cheek while she was sitting in his car. In a school parking lot, while he was supposed to be on duty, Lester Robinson kissed a woman, removed his shirt, and began to remove his pants. And Juan Garcia, while off duty, illegally sold prescription medication to an undercover officer.

In every instance, the police commissioner, who has final authority in disciplinary decisions, assigned these officers to “dismissal probation,” a penalty with few practical consequences. The officer continues to do their job at their usual salary. They may get less overtime and won’t be promoted during that period, which usually lasts a year. When the year is over, so is the probation.

Wait—that’s not how they show it on “Blue Bloods!” More… Continue reading →

Morning Ethics Warm-Up, 3/23/18: The All-Disposable Edition…Legal Ethics, Budgets, And Grocery Bags

/ Jack Marshall / 10 Comments

Good Morning…

1. More Professionals Behaving Badly: The news media has widely reported that Ted Olson of the law firm Gibson Dunn refused Donald Trump’s request for his legal services. Olson, who is best know for arguing  the Bush side of Bush v. Gore that ended the 2000 Florida recount,  had declined to comment on this to the media but a partner in the firm Gibson Dunn’s “global co-chair” issued a tweet that Olson was not going to be representing the President. This is a straight-up violation of an attorney’s ethical duty  of confidentiality to a prospective client.

In other Trump lawyer news, the media is also widely reporting that John Dowd resigned from the President’s legal team over the President’s refusal to accept Dowd’s advice that he not agree to give testimony to the Special Prosecutor. Telling the news media that—telling anyone that—would also be a breach of confidentiality on Dowd’s part.

2. Per se legislative incompetence. Once again the Senate and the House passed a huge bill with massive implications and consequences without reading it. The legislation funds the federal government for the remainder of the 2018 budget year, through Sept. 30, directing $700 billion toward the military and $591 billion to domestic agencies. The military spending is a $66 billion increase over the 2017 level, and the non-defense spending is $52 billion more than last year. It also further explodes the deficit and the debt that bring the United States one step closer to a ruinous financial reckoning. The Democrats have been happily on this path for the entire 8 years of the Obama administration, but the Republicans rode to power in part because the public recognizes how insane this is. The GOP couldn’t even muster a cut in the arts spending that it has been promising since the Reagan administration, or to finally cut ties with public television, though Big Bird fled the nest years ago. Continue reading →

Morning Ethics Warm-Up, 3/16/2018: First They Came For Wonder Woman….[CORRECTED and UPDATED]

/ Jack Marshall / 34 Comments

Good Morning

… to end a frantic ethics week…

(An unusual number of the items this morning deserve a free-standing post. I’m not sure what to do about that; it’s been happening a lot lately.)

1 Not fake news, just a false news story that everyone ran with...Oops. All the angry condemnations of new CIA director designate Gina Haspel and President Trump (for nominating her, along with existing) were based on a mistake. From ProPublica:

On Feb. 22, 2017, ProPublica published a story that inaccurately described Gina Haspel’s role in the treatment of Abu Zubaydah, a suspected al-Qaida leader who was imprisoned by the CIA at a secret “black site” in Thailand in 2002. The story said that Haspel, a career CIA officer who President Trump has nominated to be the next director of central intelligence, oversaw the clandestine base where Zubaydah was subjected to waterboarding and other coercive interrogation methods that are widely seen as torture. The story also said she mocked the prisoner’s suffering in a private conversation. Neither of these assertions is correct and we retract them. It is now clear that Haspel did not take charge of the base until after the interrogation of Zubaydah ended.

ProPublica, unlike, say, CNN, knows how to accept responsibility for a bad journalism botch. Stephen Engelberg, editor-in-chief, sums up the episode after explaining how the story was misreported:

A few reflections on what went wrong in our reporting and editing process.

The awkward communications between officials barred from disclosing classified information and reporters trying to reveal secrets in which there is legitimate public interest can sometimes end in miscommunication. In this instance, we failed to understand the message the CIA’s press office was trying to convey in its statement.

None of this in any way excuses our mistakes. We at ProPublica hold government officials responsible for their missteps, and we must be equally accountable. This error was particularly unfortunate because it muddied an important national debate about Haspel and the CIA’s recent history. To her, and to our readers, we can only apologize, correct the record and make certain that we do better in the future.

Perfect. This is a news source we can trust.

2. That was ProPublica. This is CNN (The Chris Cuomo post was here originally, but it got so long I posted it separately.) Continue reading →

Morning Ethics Warm-Up, 3/7/ 2018: Murder, Fake Journalism, Hatch Act Games, And California Defiance

/ Jack Marshall / 33 Comments

Good Morning!

1  “A Murder in the Park.” The 2014 documentary about how the Northwestern University “Innocence Project” freed a guilty murderer hours before his execution and framed an innocent man who was eventually exonerated is now available on Netflix. I wrote about the case, which had the unanticipated consequence of causing Illinois to ban the death penalty, in 2014. Then I concentrated on how badly the whole mess reflected on the justice system. As I watched the documentary last night, however, what struck me was the self-satisfied smugness and certitude of the journalism students who participated in selective investigation, advocacy instead of objective reporting, manipulation of witnesses, cause driven conclusions and more. The documentary shows us why journalism has become whatever it can be called now–certainly not journalism. Northwestern has one of the elite journalism schools in the nation, and David Protess, then the professor who ran “The Innocence Project,” was teaching students that corrupt journalism was honorable. Protess at the time was perhaps the most praised journalism teacher in the nation. It seems that he was less the exception than the rule.

2. Real discipline would be nice for a change. The Office of Special Counsel (OSC) informed the Trump yesterday that White House counselor Kellyanne Conway violated the Hatch Act twice.  The  findings were referred to President Trump “for appropriate disciplinary action.” The White House promptly denied the charges, so we should assume that Kelly won’t be disciplined at all.

The Hatch Act allows federal employees to express their views about candidates and political issues as private citizens, but forbids them from using their official government positions try to influence elections. Of course Conway violated the Act. On Fox and CNN, she made it clear that voters in Alabama should reject Democrat Doug Jones. The White House ludicrously claims that Conway did not advocate for or against the election of any particular candidate. Nah…she just told Fox viewers last November,

“Doug Jones in Alabama, folks, don’t be fooled. He will be a vote against tax cuts. He is weak on crime, weak on borders. He is strong on raising your taxes. He is terrible for property owners.”

On CNN,  she said in part,
Continue reading →

Morning Ethics Warm-Up, 3/1/18: Obstruction Of Justice In Oakland, Virtue-Signalling At Walmart, And Common Sense At SCOTUS [UPDATED!]

/ Jack Marshall / 62 Comments

 

Well, whaddya know! There IS a there there!

Good Morning!

(Why isn’t this another Afternoon Warm-up? Because I started it in the morning, and all hell broke loose here, that’s why.)

1  Injecting even more stupidity into the culture…Walmart’s virtue-signalling release yesterday reminded everyone that the big-box stores stopped selling AR-15 rifles three years ago. It also announced that it would be refusing to sell firearms to anyone under 21, and this…

“We are also removing items from our website resembling assault-style rifles, including nonlethal airsoft guns and toys.”

Ugh. This is how we end up with no-tolerance fascists in public schools punishing students for chewing their Pop Tarts and pizza slices into the shapes of guns. I had a Mattel burp gun–a plastic model of a Tommy Gun—as a kid. I shot it off in the school auditorium as a stunt during my speech when I was running for president of the 8th Grade. (I lost) One of my favorite toys ever. Now corporations want to assist in the anti-gun indoctrination.

Writes Stephen Green: “‘If an object resembles something we think is bad, then it is bad,’ is the sloppiest kind of magical thinking.” It’s worse than that, though. The more sloppy thinking  injected into the culture, the less competent the culture becomes.

I hate memes as a rule, but this one is relevant:

2.  The all-time false equivalency champ…The calls to raise the age of legal gun purchasing, one of many gun regulation issues where the NRA’s absolutist opposition makes little sense except that it is an absolutist, no infringement means no infringement organization, is another in a long list of confusing, partisan-divide jumping controversies over “age of responsibility.” laws.  There are age limits on buying cigarettes, alcohol, driving, consent to have sex,  right to sign binding contracts, military service (and formally the draft), and some other activities, and they have always been used to bootstrap each other. This has been going on for decades despite the fact that physical maturity, mental maturity and emotional maturity are not always nicely synchronized, individuals vary greatly, and if we followed recent scientific studies, we would consider restricting what young men especially could legally do until about age 23. Continue reading →

Morning Ethics Warm-Up, 1/19/2018: Three Tests!

/ Jack Marshall / 94 Comments

Good Morning, All!

1 Derangement test! As I write this, Washington, D.C. is on high anxiety alert over whether there will be a government shutdown due to Senate Democrats staging a tantrum over DACA. Previous shutdowns, stupid all, and all ultimately a disaster for the party that triggered them, the Republicans, at least involved a dispute over the budget, which we call a “nexus.” In this one, however, the triggering party is the Democrats, who are grandstanding to their increasingly radical base, declaring the interests of about 800,000 illegal immigrants as a higher priority than the interests of the law-abiding citizens of this country who are not obsessed with “Think of the children!” and the imaginary right of foreigners to cross into the country illegally and stay here as long as they don’t rape someone and blow  their “good illegal immigrant” status.

Essentially the Democratic leadership has decided to test the question of how many Americans have had their brains and values scrambled by the emotion-based pro-illegal immigration argument battered into their heads by the progressive/maintsteam news media coalition. Oh…there’s also their collateral justification of “We can’t make a deal with the President because he used a bad word in a private meeting, or so some say.”

Since both Nancy Pelosi and Senate Minority Leader Chuck Schumer have their unequivocal condemnation of the very same tactic they are now engaging in on videotape, they must really be convinced that social justice warrior cant now infests the population. Well, maybe they are right. Maybe they aren’t as incompetent as I think they are, and their flip-flop won’t strike anyone else as cynical and proof of an integrity deficit.

If a party is successful, even once, using this extortion tactic to pass legislation, then the legislative process will have officially collapsed. Democrats—this shut-down is a unilateral offense, not another “everyone is to blame” fiasco—signaled their emergence as a protest organization rather than a responsible party in 2016 when they held a sit-down strike in the House to try to force the unconstitutional measure of banning gun ownership for citizens placed without due process on FBI no-fly lists. If Republicans allow such a tactic to succeed now, however, they will share the Ethics Dunce honors.

And, of course, will use the tactic themselves when the time is ripe.

Let’s see if sufficient numbers of Democrats have their brain cells and values in sufficient good health to tell their representative that those DACA kids have their sentimental support, but not THAT much support, you idiots, don’t be ridiculous!

It should be interesting. Continue reading →

Morning Ethics Warm-Up: 1/13/2018: Dumb and Dumber

/ Jack Marshall / 24 Comments

GOOD MORNING!

(I really looked forward to Saturday mornings in those days…)

1 There has to be a special Ethics Alarms category for this…But what? Lizzie Dunn sprayed herself in the face with sulphuric acid, stumbled into a deli on Staten Island, and told horrified customers as her face was melting that a middle-aged black woman had attacked her when Dunn refused her demand cigarettes and money at a bus stop.  Local news outlets spread the frightening tale of the acid-spraying stranger before police questioned Dunn and she recanted.Apparently she has a history of hurting herself. I’d include the photo of what her face looks like now, but that’s no way to start a long weekend.

2. From the “This is getting ridiculous” Dept. Stan Lee, ta Marvel Comics icon and the creator of many comic book heroes,is 95 years old but still pretty spry s he enjoys late life celebrity. The NHL’s Arizona Coyotes invited hm to be its ceremonial pregame puck dropper for yesterday’s game, but cancelled its invitation after some of the nurses who had cared for Lee at his home accused him of sexual harassment. Lee not only denies the allegation from the company that employed the nurses that he has “spoken inappropriately” to some of them and had tried to “grope them,” he claims to be the victim of a shakedown. His lawyers have threatened to sue the company for defamation, and Lee’s current nurse providers say he is a “perfect gentleman.”

This is #MeToo bullying. As usual, we have no way to know who is telling the truth, but the Coyotes are cowardly and unfair to embarrass Lee publicly by behaving as if he is guilty when investigations so far have proven no wrongdoing. He deserves the benefit of the doubt, and the prospect of eldercare nurses being primed to cry sexual misconduct when some geezer engages in dubious but harmless behavior that he was raised to think was a privilege of old age is frankly frightening.  Lee is wealthy, famous, and at his age poses no physical threat to any caretaker nor creates a hostile work environment in a profession that routinely faces far worse daily indignities than a pat on the rear or a racy wisecrack. He would be easy prey for #MeToo extortion: all that would be needed is a group of nurses to agree to accuse him and split the pay-off.  Meanwhile, the Coyotes would hardly be regarded as enablers of sexual violence if they let the guy drop a puck. Continue reading →

Morning Ethics Warm-Up, 1/2/2018: Cheaters, Stoners And Head Explosions

/ Jack Marshall / 20 Comments

good morning

(i lived in e e cummings’ old dorm room as a college freshman. never got him at all, but it would be great not to have to worry about the shift key)

1 Three wrongs don’t make a right. They track baseball’s Hall of Fame votes as they come in now, using those ballots that the baseball writers make public (not all of them do). It looks like neither Barry Bonds, nor Roger Clemens, the all-time “greats”—cheaters cannot be fairly considered great—who sullied the game and its records by using performance enhancing drugs, are not gaining support to the extent than many predicted, and will fall short again.

Good. That makes six years down and only four more to go before the two are no longer eligible for this method of entering Cooperstown. Not so good is the development that the newer and younger voters tend to support Barry and the Rocket while the older sportswriters they replace as voters did not. Why is this? Well, the young Turks don’t see anything wrong with illegal drugs, for one thing: they probably used–use?— them themselves. Next, they have been hearing the routine rationalizations and flawed arguments defending Bonds for 20 years, which can rot one’s brain—I know they have nearly rotted mine, and I know they are worthless. Mostly, I think, each succeeding American generation has less ethical literacy and competence than the one before. The field isn’t taught in grade school, is barely mentioned in the media, and unlike the good ol’ days of “The Lone Ranger,” “Father Knows Best”  and “The Defenders,” popular culture undermines an ethical culture more than it nurtures one.

There is also a new bad argument for letting in Bonds and Clemens, which would then open the floodgates for arguably worse baseball deplorables like Alex Rodriguez and Manny Ramirez—who knows? Maybe even Pete Rose. That line of reasoning  is that since the Baseball Commissioner, Bud Selig, who averted his gaze while the steroid epidemic was infecting every team and the evidence was undeniable, was admitted to the Hall last year by his complicit cronies, the cheating players he enabled should be forgiven too.

That this is increasingly being cited a justification by the younger writers tells us that mothers aren’t teaching their kids that two wrongs don’t make a right any more.

2.Three wrongs don’t make a right, Part II. In related news, California went all-pot-head at midnight New Years Eve. My conviction that legalizing marijuana is an abdication of government’s responsibility to protect society, a leap down a deadly slippery slope, and the product of greed and cowardice hasn’t abated one iota, but I’m happy to have a large-scale experiment to prove me wrong—or right. Now we can expect a wave of stoners as well as illegal immigrants into the Golden State—ah, what a paradise it will be! This creeping crud in U.S. culture is also in part the result of a terrible example of “two wrongs make a right” fallacy—I’m sure you have either heard it or—yecchh—used it yourself. “Alcohol and tobacco are worse than marijuana, and they are legal!”

Yes, about that: guess what is on the rise and killing more people? From the New York Times a few days ago:

[A]lcohol overuse remains a persistent public health problem and is responsible for more deaths, as many as 88,000 per year. … [T]here has been about a 50 percent uptick in emergency room visits related to heavy drinking. After declining for three decades, deaths from cirrhosis, often linked to alcohol consumption, have been on the rise since 2006….[B]inge drinking — often defined as five per day for men and four per day for women — is on the rise among women, older Americans and minorities. Behind those figures there’s the personal toll — measured in relationships strained or broken, career goals not met and the many nights that college students can’t remember.

3. Gee, thanks, David, I love starting a new year with my brains on the ceiling...David Leonhardt, one of the many Democratic operatives with press credentials (Instapundit calls them)  writing for New York Times, exploded my head with his New Years column, “7 Wishes for 2018.” His wishes 1, 2, 6 and 7 each would have done the trick by themselves, but collectively it was Krakatoa all over again.

Here are David’s four wishes: Continue reading →

California’s Ethics Rot

/ Jack Marshall / 19 Comments

This is the prevailing culture in the state Hillary Clinton won so overwhelmingly that she was able to claim that she really “won” the election. You don’t want to live in that culture. It opposes the Freedom of Speech.

Opposing free speech is unethical. It also is undemocratic. But Californians are increasingly incapable of seeing this. It is a case study in how a culture rots. Some recent examples of how the rot is proceeding.

I. Mean Facebook posts are crimes.

In 2016, Mark Feigin posted five insulting comments on the Islamic Center of Southern California’s Facebook page. Among them:

  • “THE MORE MUSLIMS WE ALLOW INTO AMERICA THE MORE TERROR WE WILL SEE.”
  • “PRACTICING ISLAM CAN SLOW OR EVEN REVERSE THE PROCESS OF HUMAN EVOLUTION.”
  • “Islam is dangerous – fact: the more muslim savages we allow into america – the more terror we will see -this is a fact which is undeniable.”
  • “Filthy muslim shit has no place in western civilization.”

As a result, California is prosecuting him for allegedly violating Cal. Penal Code § 653m(b):

Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device … to another person is … guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.

A First Year law student of reasonable mental acuity could tell you in a trice that this was unconstitutional—that is, she could if she hadn’t been marinated in the anti-democratic culture that is 21st Century California. It is also an unethical and intellectually dishonest effort to use an ill-fitting law to punish “hate speach.” Here, in part, is the analysis of Prof. Volokh, a constitutional law specialist:

This can’t possibly be consistent with the First Amendment; indeed, in U.S. v. Popa (D.C. Cir. 1999), the D.C. Circuit set aside a telephone harassment conviction of someone who left seven racist messages on the voicemail of then-U.S.-Attorney Eric Holder; and the court focused on the “political message” of the speech, and not on Holder’s status as a government official. Given that insults targeted to a particular person, related to a political message, are thus constitutionally protected, so are more general insults aimed at an ideology and all its adherents, whether that ideology is Islam, Scientology, conservatism, gun rights, or anything else. Laws aimed at preventing unwanted repeated messages to particular private citizens shouldn’t be applied to messages sent to ideological organizations (or to public officials). And this is especially so when it comes to annoying Facebook posts, which the organization can simply block.

…I hope the court indeed promptly throws them out as unjustified under the statute, forbidden by the First Amendment, or both. But if the courts accept such charges, expect to see many more people, left, right, and otherwise, prosecuted for posting insulting messages on many groups’ web pages.

II. No free speech on campus without permission!
 Continue reading →