California

Morning Ethics Warm-Up, 5/14/2018: Another Rushing Around In A Hotel Room Getting Ready For A Seminar Edition…

/ Jack Marshall / 71 Comments

Good morning from Boston...

…where I always feel at home! I’m here for the morning, talking to young, newly minted Massachusetts lawyers about ethics.

1. This is a big deal, though only lawyers will care. Finally, California has ditched its confusing, multi-source (some ethics rules were laws, some were regulations), antiquated legal ethics rules, and became the last of the jurisdictions, including D.C., to adopt the American Bar Association’s template for legal ethics guidance. Yes, in one area, if not the most important ones, California is moving closer to the rest of the country! There is hope!

2. Ally’s lament. Ally Sheedy, whom you might recall from “War Games” and “The Breakfast Club,” is one of Hollywood’s more articulate and thoughtful performers. She recently penned a post condemning Hollywood sexism, and its effect on her career. Essentially the essay amounts to a complaint that Hollywood is obsessed with appearances and, with women, sex appeal.

I like Sheedy, and I was pre-inclined to respect her observations (which are certainly accurate), but I have to admit that unsympathetic blogger Amy Alkon has a point. She writes,

“..professional actress Ally Sheedy takes it upon herself to lament the looks-driven reality of Hollywood — which is kind of like lamenting how in professional baseball, somebody’s always throwing a ball your way. …This is the movies, dear, not the genetics lab. Her entire essay is an example of intrasexual competition — criticizing and trying to change the standards of female competition by one who falls a bit short of them.Because so many people are so ignorant of our evolved psychology and in denial of biological sex differences (and the psychological sex differences that come out of them), they don’t get that there is pressure on men, too, to meet women’s differing mating priorities.As for those differing priorities, well…you don’t see men writing essays about how rotten it is that you can’t get a hot girlfriend (or probably any girlfriend) while unemployed and sleeping on a couch in your grandma’s basement.”

Yikes. And they say I’m tough… Continue reading →

Morning Ethics Warm-Up, 5/5/2018: “Why We Can’t Have Nice Things” Edition

/ Jack Marshall / 31 Comments

Good Morning!

(I’m happy to report that my Clarence Darrow ethics program for a lawyer group yesterday in Annapolis was received wonderfully, in no small part due to actor Paul Morella’s moving and powerful recreations of Darrow’s courtroom oratory. As is often the case, attendees said that they didn’t realize a legal ethics presentation could be so interesting. If fact, there is no excuse for any kind of ethics NOT being interesting…)

1. I call this “cultural defacing.” At 10:30 last night, I watched the end of “The Princess Bride,” and was thrilled to arrive just as the final showdown between Ingo Montoya (Mandy Patinkin) and Count Rugen (Christopher Guest). Here is the scene, a classic one, which begins with the Count apparently fatally wounding Inigo with a dagger:

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Inigo advances on Rugen, but stumbles into the table with sudden pain. Rugen attacks, but Inigo parries and rises to his feet again]

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Rugen attacks again, Inigo parries more fiercely, gaining strength]

Inigo Montoya: Hello! My name is Inigo Montoya! You killed my father! Prepare to die!

Count Rugen: Stop saying that!

[Rugen attacks, twice. Inigo avoids and wounds Rugen in both shoulders. Inigo attacks, bellowing:]

Inigo Montoya: HELLO! MY NAME IS INIGO MONTOYA! YOU KILLED MY FATHER! PREPARE TO DIE!

[Inigo corners Count Rugen, knocks his sword aside, and slashes his cheek, giving him a scar just like Inigo’s]

Inigo Montoya: Offer me money.

Count Rugen: Yes!

Inigo Montoya: Power, too, promise me that.

[He slashes his other cheek]

Count Rugen: All that I have and more. Please…

Inigo Montoya: Offer me anything I ask for.

Count Rugen: Anything you want…

[Rugen knocks Inigo’s sword aside and lunges. But Inigo traps his arm and aims his sword at Rugen’s stomach]

Inigo Montoya: I want my father back, you son of a bitch!

[He runs Count Rugen through and shoves him back against the table. Rugen falls to the floor, dead]

Except “you son of a bitch” was cut!

We settled this when the TV showing of “Gone With The Wind” let Clark Gable’s iconic exit line, “Frankly my dear, I don’t give a damn” remain uncensored, and later,when John Wayne as Rooster Cogburn uttered the words, “Fill your hand, you son of a bitch!” before charging Ned Pepper and his gang. It is unfair and disrespectful to wreck the best work of writers and actors for the few remaining people on earth who take to their fainting couches when rude language meets their ears. You don’t edit Rhett, or Rooster, or Inigo, or even John McLane when he says, “Yippee ki yay, mother fucker!” Show the movie, or don’t show the movie, but don’t ruin the movie for the most easily offended in the audience. Continue reading →

President McKinley’s Statue And Revisiting The Newlands Fountain Principles

/ Jack Marshall / 16 Comments

The statue-toppling mania as a part of the Left’s cultural revolution and determination to remake history in its own image—a form of thought-control–hasn’t abated; it’s just been eclipsed in the news cycle. For the record, 28 cities have removed close to a hundred statues of Confederate figures alone. Meanwhile, the statue topplers, flushed with victory, are raiding their sights to include Founders like Washington, Jefferson and Madison, politically-incorrect Presidents like Andrew Jackson, Woodrow Wilson and Teddy Roosevelt, and others. You can read, if you have lots of time, most of the Ethics Alarms posts on this topic here and here.

It isn’t just statues, of course. It is honors of every kind: university dining halls and dorms, Democratic party annual dinners, and much more. The Boston Red Sox have petitioned the city to retract the honor of a having a street by Fenway Park named after the man who made the team the regional institution is is today, and who was primarily responsible for the team remaining in Boston.

The latest mutation of the culturally-rotting virus has Native Americans demanding that memorials and honors to any figure whose legacy offends them must be eliminated. Five years after President William McKinley was assassinated,  George Zehnder presented the Northern California city of Arcata with an 8.5-foot-tall statue honoring him.  Arcata home to Humboldt State University, placed it in the city’s main square.

McKinley was no Confederate: he was a Union war hero at the Battle of Antietam. He was also a popular and effective President. He was elected in 1896 while the nation was in a serious depression, and was successful enough in getting the economy back on its feet that he was re-elected in 1900, the first Republican to get a second term since Grant.  He, not Teddy Roosevelt, led the U.S. into international significance, winning the Spanish-American War, and acquiring Puerto Rico, Guam and the Philippines. He also gave his life for national service, as have all our Presidents who died in office. Ah, but President McKinley also oversaw federal policies that continued the decline of Native American tribes in the U.S., and reservation lands were reduced by as much as 90 million acres. during his administration. Now the Tribal Council of the Wiyot Tribe in Northern California senses a chance at revenge.  It is demanding that the statue of McKinley be removed.

Almost four years ago, before the din of falling statues became a faint hum, like locusts, across the land, I wrote about a controversy in Chevy Chase, Maryland, where a fountain at the center of Chevy Chase Circle honored Francis Griffith Newlands,  a U.S. Senator who also founded the Chevy Chase Land Co., which in turn created neighborhoods on the Washington and Maryland sides of the circle. Senator Newlands also was a racist, and a proactive one. He was a white supremacist who even attempted to have  the 15th Amendment, which granted voting rights to African American men, repealed.

To assist in the analysis of when and whether any honor to a historical figure should be withdrawn, I offered a series of seven guiding principles: Continue reading →

Morning Ethics Warm-Up, 4/3/2018: Hypocrisy, Exploitation, Fake Definitions And Fake News

/ Jack Marshall / 46 Comments

Good Morning…

…and believe me, it takes a super-human effort for me to say that right now…

1.  Good. Rep. Esty is not running for re-election. We discussed her hypocrisy in a post two days ago. Now she says, “Too many women have been harmed by harassment in the workplace. In the terrible situation in my office, I could have and should have done better.” This would have been a meaningful and productive statement if she hadn’t previously insisted that she handled the matter correctly and refused to be accountable. She did, however, and mouthing platitudes now should not alter the verdict that she was a cynical and grandstanding #MeToo performer who, when time came to act according to the standards she was demanding of others, failed miserably.

2. Anybody know of an ethical computer protection service? I now have two ghost services torturing me with pop-up ads, slowing down my computer, and generally behaving like a virus because I cancelled them. When I cancel a service I allowed onto my computer, I expect them to say good-bye and leave. I do not recall agreeing in my original contracts that “the undersigned hereby agrees that if for any reason he chooses to end his relationship with ____________, the service will continue to hound him with warnings, special offers, unrequested scans and other harassment until he dies or throws his computer out the window.”

The two companies at issue are AVG and McAfee. I will chew off my foot before I engage either of them again.

3. Big Brother’s way of winning a debate: change the meaning of the terms so you can’t lose.  After the repeated misuses of the term “assault rifle” as a disinformation and fear-mongering tactic by the anti-gun mob were flagged by Second Amendment supporters to the embarrassment of the zealots, Mirriam-Webster rode to the rescue,  changing its online dictionary entry for the term so its ignorant ideological allies could now cite authority:

On March 31, 2018, the following definition was published:

noun: any of various intermediate-range, magazine-fed military rifles (such as the AK-47) that can be set for automatic or semiautomatic fire; also : a rifle that resembles a military assault rifle but is designed to allow only semiautomatic fire

Translation: “This is what the term really means, but it also means what ignorant politicians, journalists and activist refer to erroneously as the same thing even though it’s not, because we support them and this will make it easier for them to mislead other without looking dishonest and foolish.”

[UPDATE: There is some question of whether that definition was added before or after Parkland. Reader Steve Langton reports that he read the current version a couple of days after the shooting.]

Continue reading →

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 →