Chris Sale

The Pandemic, Medical Ethics, And Baseball: What Exactly ARE “Essential Surgery And Medical Procedures”?

/ Jack Marshall / 19 Comments

One of the policy and medical ethics issues that is looming larger as the pandemic continues is the requirement that hospitals not be burdened by  “non-essential surgery and medical procedures.”

I agree: it would have been better if  Ethics Alarms has more precisely defined “essential surgery and medical procedures”  in the previous post on the issue, when I examined the question of whether abortion can be ethically put in that category as Texas and Ohio have decreed. Abortion, as that post noted, is a particularly poor  choice for such analysis, given that our society cannot agree on what it is, other than the Supreme Court’s ruling that whatever it is, a woman has a Constitutionally right to do it.

Incidentally: can we agree that there is also a constitutional right to have any surgery or medical procedure? It hasn’t been specifically stated by the Court, but I assume that the abortion precedent applies to everything else as well, from having a kidney transplant to getting a wart removed to acquiring breast implants. These would all fall under the right of privacy and inalienable rights of life, liberty and the pursuit of happiness. Forbidding any surgery, non-essential or otherwise, is a big deal, and my guess is that a judicial challenge to the whole concept would stand a substantial chance of success. What is essential surgery to me might not be such to you, but frankly, my dear, I don’t give a damn, and unlike an abortion, my procedure isn’t killing anyone. Continue reading →

Lunch Time Ethics Appetizer, 4/17/2019: Accountability, Conflicts of Interest, Incivility, Hype And Privilege

/ Jack Marshall / 26 Comments

It’s a real ethics poop-poop platter…

1. Red Sox lousy start ethics. Boston Red Sox starting ace Chris Sale, widely regarded as one of the top two or three pitchers in baseball who signed a rich multi-year extension with the team right before the season began, lost his fourth straight start yesterday to begin the season. He told reporters, “This is flat-out embarrassing. For my family, for our team, for our fans. This is about as bad as it gets. Like I said, I have to pitch better…It sucks. I’m not going to sugarcoat it. I just flat-out stink right now.”

2. The Hollywood writers vs agents mess. I haven’t posted on this because I can’t find a copy of the controversial “Code of Conduct” that the agents refuse to sign. I also need to bone up on  the agency laws in New York and California. This article is a good summary of the show-down. Regarding the question of conflicts of interest in the practice of “packaging” and agents going into the production business, , however, it seems clear that the writers have the better arguments. From the article:

Packaging is a decades-old practice under which agencies may team writers with other clients from their stables for a given project. With packaging fees, an agent forgoes the usual 10 percent commission fee paid to them by individual clients; in its place, they are paid directly by the studio….The writers argue that agencies violate their fiduciary obligations to their clients when they make money from studios instead of from the people they are representing. The practice of accepting packaging fees, the writers say, allows the agencies to enrich themselves at the writers’ expense when they should be using their leverage to get more money for writer-clients.

Any time an agent gets paid by the party the agent is supposed to be negotiating with, that’s a textbook conflict. I’m amazed the agents have been getting away with this practice for so long. As for the production deals…

There are agency-affiliated companies that have moved into the production business — and this does not sit well with the writers unions. W.M.E., for instance, has an affiliate company called Endeavor Content. It was formed in 2017 and is a distributor of the show “Killing Eve,” as well as a producer of an epic drama coming from Apple TV Plus called “See.” C.A.A. also has an affiliate: Wiip. It is a producer of “Dickinson,” a comedy series that is also part of the Apple rollout scheduled for the fall. United Talent Agency is also getting in on production, with an affiliate called Civic Center Media. It has teamed up with M.R.C., the producer of “House of Cards,” to make new shows.

The agencies have argued that these affiliates are artist-friendly studios that will help writers, because they add to the number of potential buyers — which means more competition for writers’ services and bigger paychecks. The writers have said that agencies have a conflict of interest when they act as studios. How, they ask, can an agent represent you and also be your boss?

Bingo. The short and easy answer is “They can’t.”

Stay tuned… Continue reading →

Perhaps The Best Baseball Ethics Story Ever: The Chris Sale Uniform Freak-Out

/ Jack Marshall / 18 Comments

White Sox uniforms

Last night, incomplete fragments of news came through the baseball media that Chicago White Sox pitching ace Chris Sale had been pulled from his scheduled start against the Tigers. Was he about to be traded? No, we learned that there had been a “non-physical” altercation with someone in the White Sox front office. Huh? What did that mean?

It turned out that the truth was stranger than any speculation. Sale, we learned, had refused to wear a retro White Sox uniform during a “Turn Back The Clock” promotion that nigh, and to ensure that he wouldn’t have to, he cut up all the vintage uniforms, using a scissors and a knife, while the rest of the team was taking batting practice.

As soon as I heard this, I told my wife,”I bet I know exactly which uniforms the team was supposed to wear.” I was right: the White Sox promotion involved giving out free facsimile 1976 uniform jerseys to the first 15,000 game attendees, with the team wearing the infamous fashion abortion perpetrated on baseball by puckish former White Sox owner Bill Veeck, the same iconoclast who sent a midget up to bat in a real game.

Here are those uniforms, almost unanimously agreed-upon by all critics as the silliest baseball garb ever to appear on a Major League player (that’s Veeck in the middle; the ones on the left are the uniforms in question):

1976-white-sox-uniforms_mtqjliw57ekb1e3fkjxj4grkj

It is recorded that the players and the fans hated the 1976 uniforms, which were quickly discarded, especially the version with the shorts, which only appeared in one game. No wonder Sale was upset.

Now to the ethics issues: Continue reading →