Catch-22

The Entertainment Awards Catch-22

/ Jack Marshall / 8 Comments

They never had any integrity, but before the Great Stupid, they could at least pretend. That was good enough to serve the real purpose of such awards and their televised ceremonies. Now, since they can’t even pretend, the awards have no purpose, and increasingly, no audiences.

The Grammys were the latest televised awards show debacle. That show’s rating hit an all-time low, following similar results for the Golden Globes, the Emmys, the Academy Awards (with this year’s new low on the horizon), and nobody ever watched the Tonys anyway. This result was preordained as soon as the organizations sponsoring and running the various awards competitions, enthusiastically applauded by the woke news media, decided to make honoring minority , especially black, performers a new mission.

By doing so, the organizations were admitting that the awards were never objective assessments of quality in the first place. Of course they weren’t, but the contrary illusion was crucial to the commercial mission of such awards: to promote the product and its creators. Movies that win Oscars used to get a big bump in ticket sales. Songs that win Grammys are downloaded more. The individual artists gain prestige that helps their careers. All of this is dependent on consumers buying the myth that the awards, any of them, are reliable measures of quality, and especially superior quality.

Continue reading →

Illumination From The Shutdown Follies

/ Jack Marshall / 38 Comments

In this remarkable video, a park ranger explains to park visitors that while they are certainly free to enjoy the park, they can’t pick up litter while they are there.

I’m not kidding.

Is it fair to make general assumptions about federal employees and our government bureaucracies based on the babbling of this poor ranger?

Sure it is.

For one thing, anyone who has dealt with bureaucrats recognizes this mentality, although  admittedly Mr. Ranger is an extreme and depressing  case. Too often they don’t think, refuse to think, or are incapable of critical thought….in other words, they are incompetent for doing anything but following black letter instructions, and as soon as circumstances render those instructions less than applicable, they retreat into the Twilight Zone of Power Without Ethics.

A competent and trustworthy government doesn’t ever put its citizens in the position of having someone in authority lecture them on why it is against the rules to pick up litter in a public place because you haven’t been formally designated a volunteer. A competent and trustworthy government never places an individual this incapable of rational action and thought in a position of power over the liberty of citizens. I am not a libertarian—far from it—but if you wanted to find a video to bolster the cause of libertarian ism, you would be hard pressed to find better.

I have compassion for the poor ranger; he has no idea what to do. However, if you don’t have the reasoning skills to say, “Sure, pick up all the litter you want. Thanks” in this situation, you really have no business wearing a uniform. I agree with the commentator. The unofficial volunteers should have defied the edict, kept picking up litter. and dared the guy to arrest them, warning him that he and his bosses would be subjected to merciless public ridicule, and that he would almost certainly be fired.

This video also illustrates why, outside of Washington, D.C. and some leftist bubbles, the fact that the government shutdown has resulted in some federal employees  being furloughed is not seen as an existential tragedy. They are seen, and the video shows why they are seen, as frequently under-qualified, over-paid, overly secure, definitely richly-perked people who are given too much power to constrain our choices and liberty without the sense, ability, accountability and motivation to do so well or fairly.

___________________

Pointer: Michael

Now THIS Is Ethics Zugzwang! The Unfixable Catch-22 Of Sexual Harassment Law

/ Jack Marshall / 20 Comments

A recent question to the New York Times workplace column “The Workologist” perfectly illustrates a permanent flaw in sexual harassment law. Believe it or not, I have no recommendation regarding how to fix it. I don’t think it can be fixed.

Here was the question:

I work at a blue-collar job, and I am one of four women in a crew of 40. The guys never touch or harass me, or any of the women, as far as I know.They do, however, constantly hug and grab and bump each other in a friendly way. It’s not unusual for one of the guys to go through a whole short meeting (a stand-up “huddle”) with an arm around another guy’s shoulder. No one ever touches me, and it’s not that I want them to. That would be weird. But I almost feel left out. Should I let this “bro contact” bother me?

I love it. Perfect. This is what using the law to dictate ethics can result in, and does result in frequently: hypocrisy, confusion, and a double-bind.

Let’s begin with the last sentence: “Should I let this “bro contact” bother me?” The whole point of “hostile work environment” sexual harassment law is to make sure no woman has to ask this question. A boss who responds to a female employee’s complaint of a hostile work environment-creating unwanted sexual attention in the office with “Don’t let it bother you!” has breached his or her duty under the law.

So what’s going on here? The men in the company have adopted the current fad (Yechhh.) of hugging each other to express a range of things—support, congratulation, sympathy, platonic affection—and quite properly do not hug the few women in their midst, lest one of the females, reasonably or not (or perhaps intentionally, to grab some power or cash) be made “uncomfortable,” take the physical contact as unwanted and sexual in intent, complain, and perhaps sue. By not hugging them, however, the men isolate the women, exclude them from the social fabric of the “team,” and, in essence, discriminate against them by signalling that they are “the other,” thus creating a hostile work environment.

Even if some of the women announced their consent to be treated as “one of the guys,” it would not solve the dilemma. One of those bro-hugs could still turn into a copped feel, or be perceived as crossing lines by the female huggee. Then there is the looming  third party harassment problem: a woman who has not consented to being hugged might see her female colleagues being man-handled (but completely innocently, of course) and assume that consenting to unwanted physical contact was a condition of employment, or that they would be adversely affected if they did not agree to participate enthusiastically in the hug-fest. Not treating the women in the company like the men is discrimination; treating them the same is an open invitation to a sexual harassment lawsuit. Continue reading →

Unethical Meme Of The Week: Democratic Underground

/ Jack Marshall / 25 Comments

Meme

I know I could batter internet memes all day, but this one, by the Democratic Underground, particularly annoys me, as has the “chicken hawk” canard that knee-jerk anti-war activists have been wielding for decades.

To begin with, it’s an ad hominem argument, and thus unethical on its face. The question is whether a military option is the best and most responsible solution to an international problem, not who is asserting that it is. It is also an incompetent argument, as in stupid. There  is nothing about typical military experience that conveys expertise in foreign affairs or international politics. Military service, as in training, marching, being deployed and shooting a gun, and military action, as a strategic tool of diplomacy and international politics, are two different things. Lincoln was a superb Commander in Chief, but he didn’t gain that ability from his brief combat experience fighting Black Hawk Indians.

In fact, what is  the statement above supposed to imply? No Commander in Chief has had to risk personal combat if he chose war. Because there has been no draft since the the Nineties, the only way a political leader would ever have military experience would be if he chose a military career, which would mean that the meme suggests that a military career is a prerequisite for national leadership. But Democrats don’t believe that; nobody believes that. In fact, Democrats are wary and suspicious of the military, which they believe, with some justification,  is biased toward military involvement. They don’t even especially respect military service: look at how James Webb was treated in his brief presidential run. Continue reading →

Ethics Heroes: Five Democratic Economists

/ Jack Marshall / 4 Comments

Senator Warren, who is always right.

Senator Warren, who is always right.

Senator Elizabeth Warren (D-Mass)  was annoyed that Robert Litan, a nonresident and unpaid economics fellow at the reliably liberal Washington think tank, the Brookings Institute, dared to author a study critical of financial advisor regulations being pushed by Warren and the White House. Thus she sent a letter to Brookings last week, challenging the independence of the study and the integrity of Litan, since the study was, as Litan states up front, “supported by the Capital Group, one of the largest mutual fund asset managers in the United States.”

Warren called the report “highly compensated and editorially compromised work on behalf of an industry player seeking a specific conclusion.”

You know, unlike the various donors to Warren’s political war chest, who are not trying to buy specific policies and votes from her.

Literally hours after receiving the letter, Brookings, knowing which side of the bread its butter was on, dutifully forced Litan to resign.

The issue isn’t whether the policy Warren wants is a good one or not; personally, I tend to agree with Warren on the need for the regulation, which would make 401(k) and 403(b) advisors as well as other compensation-related retirement plan advisors be subject to fiduciary duties. the issue is Warren’s embrace of the increasingly popular tactic from the Left of dealing with adversaries by silencing them. Continue reading →

Robert Griffin III, Wally Pipp, and the Catch-22 of Lies

/ Jack Marshall / 20 Comments

Dan Wetzel would have loved Wally Pipp

Dan Wetzel would have loved Wally Pipp

If you want to see the stark difference between the culture of baseball and the culture of football. look no further than Washington, D.C., where the city’s sports fans are in mourning for the second time in barely three months’ time. The surging Redskins just met play-off elimination, because their young star quarterback was injured but allowed to stay in the game. Back in October, the city’s new sports darlings, baseball’s Nationals, were eliminated in their first play-off round, in part, fans believe, because the team wouldn’t let its completely healthy young star pitcher play for fear that he would get injured.

This week everyone from my local sandwich shop proprietor to the driver of the cab I just got out of is furious  at Redskins coach Mike Shanahan for allowing the obviously hobbled Robert Griffin III to stay in the doomed game against the Seattle Seahawks when there was a competent back-up on the bench. And some, like Yahoo! sportswriter Dan Wetzel, are blaming Griffin, for “lying”:

“Robert Griffin III couldn’t do much of anything Sunday except lie, which is what he’s been trained to do in situations like this.
Lie to himself that he can still deliver like no backup could. Lie to his coach that this was nothing big. Lie to the doctors who tried to assess him in the swirl of a playoff sideline. So Robert Griffin III lied, which is to be excused because this is a sport that rewards toughness in the face of common sense, a culture that celebrates the warrior who is willing to leave everything on the field, a business that believes such lies are part of the road to greatness.” Continue reading →

The Media’s Despicable Catch-22 Against Herman Cain

/ Jack Marshall / 41 Comments

Mr. Cain...meet Capt. Yossarian. He'll expain everything.

I have to rub my eyes, slap my forehead, and keep reminding myself that astounding as it seems, many of the same journalists I hear calling the detail-free and meaningless sexual harassment rumors about Herman Cain “devastating” never considered the sexual harassment issue worth discussing during President Clinton’s Monica Lewinsky crisis, and ignored Juanita Broderick’s credible claims that Clinton sexually assaulted her when he was Arkansas Attorney General. Times have changed, have they? How convenient.

CNN’s Gloria Borger, whose sneering daily coverage of all Republican presidential candidates on has to be seen to be believed, asked the Perry campaign operative Cain has accused of leaking the story to Politico what it would mean for Cain’s candidacy “if the sexual harassment charges are true.” That question is incompetent, dishonest and reckless journalism, because there are no “sexual harassment charges,” and there is no possible way that they can be proven “true.” Borger’s phrasing of her question implies that there is a standing accusation of wrongdoing, and there is not; it also suggests that there is a fair process available to determine truth, when there is not. Thus she exploits the public’s ignorance about sexual harassment (which she quite possibly shares) to impugn Cain without a molecule, atom, or photon of evidence. Nothing. Continue reading →

The Ethics of Stopping the Condemned From Accepting Death

/ Jack Marshall / 11 Comments

In Oregon, a judge has granted death row inmate Gary Haugen’s motion to dismiss his lawyers after they persisted in taking measures to block his execution. They had declared he was not mentally competent to waive his appeals and allow his own state-decreed death to proceed.

Leave it to lawyers to be convinced that they know what’s best, even when it involves someone else’s wishes about his own life and death.

Is the condemend prisoner who approves of his own excecution insane, or courageous?

In an attorney-client relationship, the lawyer is ethically bound to do what the client wants as long as it is legal and within the bounds of the ethical constraints on the lawyer. A lawyer can render advice and should; a lawyer can explain the legal consequences of a course of action. But substituting the attorney’s judgment for that of the client is taboo…except, all too often, in cases like this one, in which a death row inmate decides that letting justice take its course and accepting the state’s death decree is preferable to rotting in prison.  Continue reading →

Why We No Longer Trust Our Government, Reason #759: North Carolina’s Unethical Tax Stall

/ Jack Marshall / 2 Comments

Every time Gallup  does a poll to find out who the public thinks is ethical and unethical, one result always comes out the same. Over 95% of those polled will say that most ethical person they know is…themselves. I used to make fun of this result in my seminars as a classic example of self-delusion. The used-car dealer really thinks he is the most ethical person he knows? Tom Delay and Charlie Rangel really think that they are the most ethical people they know? I don’t believe it.

But I recently had an epiphany. People don’t really think they are the most ethical. What we do think is that each of us is the one person  that we most trust. Not our spouses, not our parents, not our employers, not our elected officials…no matter how virtuous they may be, the person whom we know, with absolute certainty, won’t betray us  is our self. That is an especially American attitude, embodying self-reliance, autonomy, and independence, and I was wrong not to misread it. Those who deride us for not trusting the government to solve our problems are wrong not to recognize it too, particularly when the attitude is being reinforced by stories like this one, from North Carolina.

The North Carolina Department of Revenue is reviewing  230,000 unresolved tax returns going back to 1994, including cases in which taxpayers overpaid and are owed money by the state. The state, however, has rigged the rules to make it less likely that the refunds are ever made. Continue reading →