Morning Ethics Warm-Up, New Years Day, 2018: The Year On Ethics Alarms, The College Sports Scam, And A Poll That Is Less Than Meets The Eye

1 Stats and things. For the first time, Ethics Alarms had less traffic than the year before, down almost 10%. I was expecting at least a 10% jump, so this is disappointing, though I probably should have seen it coming. The 2016 campaign drew a lot of interest to the site, and that year was a major jump from the previous one. The blog ends the year with more followers than it had at the beginning, and the number of comments were up over 2016. I would also say that the quality of comments was dramatically better, with the most Comments of the Day ever.

The post that had the most comments in 2017 was a COTD, in fact: Comment of the Day: “Morning Ethics Warm-Up, 11/13/17: Rushing In Panic Around My Boston Hotel Room Because I Didn’t Get My Wake-Up Call Edition” with 324, among the most ever.

The author? Zoltar Speaks!

It’s just vanity and ego to worry about traffic fluctuations. I’m competitive by nature; it’s a flaw. I’d love Ethics Alarms to have sufficient name recognition and exposure to have a measurable influence in public discourse, but that’s always been unlikely, given the subject matter. What I should care most about, and do, when I’m being rational, is that the discussions here are uniformly of high quality, avoid the idiotic “Yeah, well what about Bush, you repug?” back and forth threads of most websites, and that there is a daily colloquy here that I can be proud to host. Besides, if Ethics Alarms were widely quoted, I’d have to put up with being called a “self-proclaimed ethicist” more often.

I also banned far fewer commenters this year than last year. That’s a good thing.

Next to the search engines and WordPress, the most referrals came through the Washington Post and the New York Times. The Althouse blog sent more readers here than any other blog, which is nice, especially since Ann still doesn’t bother to include me in her blogroll.

Not counting stand alone pages, like the About page and the Rationalizations List, the top viewed posts in 2017 were 1) the 2016 anti Snopes post; 2) the 2013 workplace ethics post, 3) “Wanetta Gibson is Worse Than I Thought” (2014); 4) the initial VW scandal post from 2015;  5) the 2015 post about ventriloquist Jeff Duham’s marital problems (Don’t ask me why; it’s a mystery); 6) the Listerine and alcoholics post from way back in 2010; 7) the Foundation for a Better Life post (2011); 8) The anti-“What Would You Do?” post, also from 2011, and it is depressing that the thing is still being broadcast; 9) finally a 2017 post, The Naked Teacher Principle, Ex-Porn Star Variation, and 10) also from last year, my take-down of Sally Yates.

That last was also the first politics-related post to turn-up on the list, which tells you something, though I’m not sure what. The Ethics Alarms post that I have most linked to in 2017 was buried deep on the list at 136: 2015’s, A Nation Of Assholes: The Ultimate, Undeniable And Crucial Reason Donald Trump Must Never Be President.

As in every year, I think, none of the posts that I thought were the most important or my best work were among the most read.

Thanks to all the readers and commenters who have made this past year a rewarding and challenging one.

Next year will be even better.

2. While you watch those Bowl games, think about this...College sports critic Mike McIntire explains the absurd status of big money in college sports in his article, “The College Sports Tax Dodge.” An excerpt: Continue reading →

From The Ethics Alarms “Deceit Is Lying, And Stop Saying It’s Not!” Files: Baseball Commissioner Rob Manfred Is An Ethics Dunce, So Is Craig Calcaterra, And Since They Are Both Lawyers, They Should Know Better

My goals are modest. Before I die, I would like to be able to say that my cyber-output on ethics accomplished a few basic things. One of them is a greater public understanding that deceitful statements—you know, like “I did not have sex with that woman,” or my recent favorite, knife-murderer O.J. Simpson saying  at his parole hearing, “I’m in no danger to pull a gun on anybody. I’ve never been accused of it. Nobody has ever accused me of pulling any weapon on them”—are lies. Not “technically true,” not “lawyerly phrasing,” but lies. Yesterday one lawyer who should know better incorrectly told his readers than another lawyer who engaged in deceit wasn’t lying. I’m sick of this.

I’m sure most of you don’t know or care, but the sad Miami Marlins, the National League baseball team recently taken over by a group headed by former Yankee shortstop Derek Jeter, has been selling and trading off its best players to pare expenses to the bone. This is a long-term strategy called “tanking,” in which a team rebuilds by playing horribly and getting high draft choices for a few years, eventually building up a young, cheap talent base of a winning team. A team’s fans tend to despise this approach, and Marlins fans more than most, since this is the third mass sell-off in the team’s short and ugly history.

MLB commissioner Rob Manfred appeared on Dan LeBatard’s ESPN radio show yesterday to discuss the most recent recent Miami fire sale.  LeBatard asked Manfred directly if he was “aware of Jeter’s plan to trade players and slash payroll.” Manfred ducked and weaved, and said, “We do not approve operating decisions by ownership, new ownership, current owners or not, and as a result the answer to that question is no.”

LeBatard called  this a lie, responding, “You can’t tell me you’re not aware of this…were you aware of this?”  Manfred then said, “No, we did not have player-specific plans from the Miami Marlins or any other team . . .” He also said that the league did not see a payroll plan from the Marlins “until two days ago.”

Yet  the Miami Herald reported after the interview:

A source directly involved in the Marlins sales process, after hearing the Le Batard interview, said, via text: “Commissioner said was not aware of [Jeter] plan to slash payroll. Absolutely not true. They request and receive the operating plan from all bidders. Project Wolverine [the name for Jeter’s plan] called on his group to reduce payroll to $85 million. This was vetted and approved by MLB prior to approval by MLB. Every [Jeter] investor and non investor has the Wolverine financial plan of slashing payroll to $85 million. Widely circulated.”

Here NBC baseball blogger Craig Calcaterra, formerly a practicing attorney, and thus accorded some credibility on such topics, wrote, Continue reading →

From The Ethics Alarms “Stop Making Me Defend Sarah Huckabee Sanders!” Files: “The Advocate” Lies About The Masterpiece Cakeshop Case

 

Wouldn’t it be wonderful if activists had integrity? Unfortunately, most of them don’t, and I only say “most” because I haven’t checked all of them. Virtually all that I have checked spin, distort facts, and lie outright, because the ends justify the means to them, and they, of course, are Right. It’s the Saint’s Excuse. Lies that advance the cause are benign.

The latest disgraceful example of wilful deception in support of a passionately felt cause came from the LGBT publication “The Advocate,” as well as many Democratic and progressive news sources. They all chose to deliberately misrepresent what the President’s spokesperson said about his position was on The Great Cake Controversy…all the better to rev up hate and fear among their readers. You see a typical example in the label to the video above. “Sarah Sanders: Trump OK with businesses hanging anti-gay signs.” She did not say that. The video proves she did not say that. She was asked if the President agreed with the Solicitor General in his oral argument before the Supreme Court in the Masterpiece Cakeshop case when he said that it would be lawful and possible for a baker to hang a sign saying, “We don’t bake cakes for gay weddings.” She said yes. Of course yes. The government’s case is that a baker should not be forced to “participate/endorse” a ceremony that his religion declares morally wrong, and thus is not discriminating by refusing to make cakes for same sex weddings, as long as the baker does not generally discriminate in providing service on the basis of sexual orientation. If the Court agrees, then a baker such as the owner of Masterpiece Cakeshop can legally follow the dictates of his faith and not make same- sex wedding cakes, and if he isn’t selling them, he not only could but should inform potential same-sex couples of that fact.

This is not, by any fair assessment, an “antigay sign.” It makes no antigay assertions at all. The statement is false. Unequivocally, intentionally false. Continue reading →

Your Boss Asks If You Have Prayed About A Work-Related Matter…What Is The Ethical Response?

This question was asked of the New York Times’ “Workologist” (It’s stuff like this that keeps me subscribed despite the paper’s disgraceful partisan bias and unocnscionable manipulation of the news):

I recently had a manager ask me if I have “prayed about” a particular situation at the office… this statement crossed a personal line with me. I am very private about my religious life. Do you have any recommendations on how I could handle this?

The question immediately reminded me of “Breach,” the film about the capture of spy Robert Hannsen (Chris Cooper), who was always urging his clerk (actually the undercover FBO agent recruited to unmask him) to pray. The “Workologist” (Rob Walker) begins by pointing out the obvious: a boss can’t demand that you pray, or fire you for refusing to. Then he adds,

Your manager can’t discriminate against you on the basis of religion, but your company can’t discriminate against him, either — by, say, forbidding him to ever mention prayer. In general, companies are supposed to make an effort to accommodate the religious practices of employees, although this can be weighed against the potential burden on the employer…Faith-related workplace conflicts and litigation have become more common in recent years. So it might be better to think about this incident in the broader context of personal expression and identity…

your best move is to make your own boundaries clear — yet also try to avoid an outright conflict. The fact that you already consider him your “worst manager” might make that difficult. But simply declaring his question inappropriate or offensive won’t help.

Instead, try something like “Well, I’ve thought about it,” and either leave it there or, if that doesn’t seem to connect, add something like “But I’m not comfortable talking about what I do or don’t pray about.” This should be delivered in a friendly-to-neutral tone. You’re not making any judgments — and neither should he.

I find that approach cowardly and dishonest. Continue reading →

Morning Ethics Warm-Up, 11/29/2017: Featuring Vital Questions Such As: Will Women Now Try To Look Unattractive? Should A Hospital Employ A Nurse Who Hates White People? Is That Man Trying To Rape A Manniquin With An Ice Dildo?

Good Morning!

1  Documented insanity. The New York Times has been on an extended binge of highlighting the suffering of deported illegal residents. I could probably post several more episodes of the Ethics Alarms “Good Illegal Immigrant ” series every week. The intellectual dishonesty of almost all of these Times stories, like the pro-illegal immigrant movement itself, is impressive. Essentially, they all can be reduced to, “Isn’t it terrible that these lawbreakers have to endure the consequences of their own actions?”

Complementing these stories are periodic opinion pieces like “ICE’s Courthouse Arrests Undercut Democracy,”‘ by César Cuauhtémoc García Hernández, an associate professor of law at the University of Denver. He writes a pro-illegal immigration blog, identifiable in motive by its habitual use of the cover word “migrant” to mean “illegal immigrants” and the deliberately misleading word “Immigration” to mean “illegal immigration.” Hernández’s op-ed’s argument follows as the night follows day:

“In El Paso, ICE arrested a woman moments after she requested a court’s help keeping away an abusive partner. Fear and uncertainty caused by this type of courthouse arrest are already keeping people away from the halls of justice. In Denver, the city prosecutor gave up on four domestic violence cases because the victims said they were too afraid of ICE to appear in court. In a nationwide survey conducted in April by the nonprofit Tahirih Justice Center, four out of 10 social service providers working with immigrant survivors of abuse said they had clients who had abandoned legal claims because of fear of what will happen if they call the police or go to court.”

Wait: why were these people afraid of ICE? By immigrant survivors, doesn’t Hernandez mean illegal immigrant survivors? If he does, why doesn’t he say so? His favorite terms are “unauthorized” immigrants, and here and there “undocumented” immigrants, poor things. Whatever happened to their documents?

It’s not a threat to democracy if illegal immigrants are afraid to come to court. They should be afraid to come to court. They should be afraid to take advantage of any aspect of  our government or American society. Underlying the professor’s claimed concern for democratic institutions is his contempt for the rule of law. He wants to blur the distinction between illegal and legal immigration to the vanishing point. He quotes the California chief justice as she writes that “the vast majority” of “undocumented immigrants” “pose no risk to public safety.” Is that the desired standard for law enforcement now? As long as a known law-breaker poses no risk to public safety, he or she should be immune from arrest when they turn up in court?

The Times is apparently committed to bombarding its readers with this unconscionable position in perpetuity: our monstrous government has decided to enforce its immigration laws, and the very fabric of our democracy is threatened as a result.

2. CNN Tales.   On a related note, this morning I saw a slick TV ad on CNN supporting “Dreamer” legislation. The terms “illegal,” and even the cover words “undocumented” or “unauthorized” were never used, as various Presidents were shown extolling “immigrants.” “Dreamers” were described as “immigrants” who came here as children.

An ethical broadcast news organization should not accept money to run ads that intentionally misinform its viewers.

But THIS is CNN!…and so is this:  A CNN spokesperson told Politico…
Continue reading →

Paul Krugman, The Anti-Haidt

I don’t bother with New York Times op-ed columnist Paul Krugman here, for the most part. He constantly discredits himself by intentionally misleading his gullible readers, hiding the ball, engaging in deceit as an advocacy tool, over-stating and hyping and generally bolstering his progressive opinions with a nauseating combination of intellectual dishonesty, hypocrisy and condescension. I have no patience with such columnists, or any publication that inflicts them on its readers.

A parallel in the sportswriting field is the much lionized Thomas Boswell, a Pulitzer Prize-winning columnist who writes for the Washington Post. Boswell has written several books, and is regarded by many as a deep thinker about baseball. (My wife and I once were friends with a couple that socialized with the Boswells, and invited us to join the four of them for an evening. I told them that I could not stomach being in the same room with the guy.)  Many years ago, Boswell was writing about the individual talents of the Boston Red Sox, a topic I know at least as much about as he does. In assessing then-Sox catcher Jason Varitek, Boswell noted that “Tek” led the league in passed balls, leaving the impression that this demonstrated a serious flaw in his catching abilities. But I knew, and more importantly Boswell knew, that the Red Sox  had a regular rotation starting pitcher, Tim Wakefield, who was a knuckleballer, and was the only starting pitcher in the league who threw that confounding pitch.  If a catcher regularly catches a knuckleball pitcher, he leads the league in passed balls, usually by a large margin. Always. It has nothing to do with how good a catcher he is, and Varitek was a very good catcher. Yet Boswell deliberately cited the statistic without explaining to his readers what it meant in Vartitek’s case. He did this because he was trying to argue that Boston had defensive problems. This is unethical advocacy, and unethical journalism.

After that, I only read Boswell’s columns to document his dishonesty. I was never disappointed. He’s a cheat, relying on the ignorance of his audience to deceive them.

Paul Krugman is like that. After I posted the quote from Jonathan Haidt’s speech in which the professor perfectly described the ideology-driven betrayal of the culture and our democracy by institutions of higher education, I recalled a recent Krugman piece in the Times that I had instantly dismissed as classic deceit. One passage was literally the anti-matter version of Haidt’s hard truth regarding the rot in our colleges, a deliberate lie that denied the existence of the problem in order to further Krugman’s perpetual attack on Republicans and conservatives.

Behold: Continue reading →

Unethical Political Cartoon Of The Month: Barry Deutsch

 

To be fair, the Justice wasn’t much of a cartoonist…

In today’s warm-up, I briefly discussed the acquittal earlier this moth of NYPD officer Wayne Isaacs in the shooting an unarmed black motorist.  It was a weird case. Isaacs was off duty, and prompted a driver to apparent road rage by cutting him off in traffic. The motorist, according to Isaacs, walked up to his car and  struck him, and fearing that his assailant was armed, the officer drew his pistol and fired.

I don’t know if it was a coincidence or by design, but on the day of the acquittal progressive cartoonist Barry Deutsch, who once did battle (and well) at Ethics Alarms, posted this cartoon at his blog:

In the same post, he also called the late Justice Rehnquist a racist, which he was not, and made the demonstrably false statement that most police shootings involve blacks, but never mind that.

You have to really detest police and the principle of guilt beyond a reasonable doubt to regard such a cartoon as fair or enlightening. (Ethics Alarms is on record as declaring political cartoons an inherently unethical form of punditry.) No cop has been acquitted of shooting an unarmed  9-year-old kid in self-defense, and the cartoon is factually wrong that such a claim by a police officer would get him acquitted. Moreover, the case Barry is apparently referring to, Graham v. Connor, does not involve a shooting, and Rehnquist’s opinion for the majority doesn’t say what the cartoon says it does. In addition, the opinion in the case primarily relied upon by the majority in Graham, Tennessee v. Garner,  wasn’t written by the Rehnquist, but by Justice Byron White. It also specifically involved police shooting at fleeing suspects.

Thus the cartoonist a) doesn’t know what he’s talking about b) misleads his readers ( the blog is an echo chamber if there ever was one), and c) smears Justice Rehnquist. Continue reading →

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

…

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading →

Morning Ethics Warm-Up, 9/21/2017: Climate Change Deceit, Jimmy Kimmel, Trump’s Golf Ball Attack, Stephen King, And How to Cover The Left’s Epic Freak-Out

GOOD MORNING!

(he shouted…)

1 When I wrote today’s early morning post about the Sherwin-Williams controversy, with a “hit the ball into the paint can” promotion going horrible wrong thanks to fake news and lying sports reporters, I wanted to use a famous old cartoon based on a sign that hung in the outfield in old Ebbets Field, where the Brooklyn Dodgers used to play. I couldn’t find it online, perhaps because it was 4 am. I just did, however…

2.  For some time, now, as the Left has commenced its nervous breakdown following Trump’s election, I have faced a daily dilemma. The ethics breaches, in civility, in journalism, in politics, have been so over-weighted to one side of the political spectrum that to cover issues based on importance and degree of ethics madness automatically makes Ethics Alarms seem partisan. I resent it, to be honest. The counterbalance is, of course, the President himself, but his brand of unethical conduct hasn’t changed since the campaign, though the Trump-haters never tire of freaking out over the same stuff. For example, after the infamous wrestling tweet about CNN, how nuts can you go when Trump posts a gag video showing him hitting Hillary in the head with a golf ball? Yes, it’s childish, yes, its unpresidential, yes, it shows lack of self-restraint, yes, it’s stupid. But I know and you know, and certainly his haters know, that Trump is childish, unpresidential, lacks  self-restraint, and is stupid. I’ve written too much about it already.

He is not, however, getting worse. Democrats, progressives and “the resistance” are getting worse, as they become more desperate in their derangement. I’m seeing things I didn’t believe possible, like serial child abuser Jimmy Kimmel being held up by the news media as the moral center of the Democratic Party. Jimmy Kimmel is nothing. He is a smug high school grad who has never done anything but perform, often disgustingly, as when he was host of the too-vulgar-to-be-believed “Man Show” on Comedy Central.

He’s never run a business; he’s never studied public policy. He’s a comedian whose signature act is egging on parents to make their kids cry and take videos of them. Ah, but he’ll give Hillary Clinton a forum to deliver her shadow UN speech, and pimp for Obamacare, so that makes him a policy expert. Incredible. Incredible, the depths to which progressives have fallen.

An immature, inexperienced, impulsive President, rather than being opposed, as he should be, by a professional, honest, respectable and responsible opposition party, has instead mutated the liberal establishment into as revolting a presence as he is. This is catastrophic for our politics, our culture, and our society, and that’s why Ethics Alarms devotes so much space to it.

3. Ann Althouse has the sharpest hypocrisy detector around, and she nailed horror novelist Stephen King (I like his novels, some of his movies, and he is a big Red Sox fan) for sending this anti-Trump tweet:’

Trump thinks hitting a woman with a golf ball and knocking her down is funny. Myself, I think it indicates a severely fucked-up mind.

She writes in part, Continue reading →

Ethics Dunce: Federal Judge Gary Feinerman

(I am going to eschew cheese jokes in this post, and I expect some credit for it.)

We recently learned that grated parmesan cheese often contains  cellulose powder.  This icky fact spawned dozens of lawsuits against Kraft, Heinz, Walmart, Target, Albertsons, Publix, and others, alleging consumer fraud by selling products with labels claiming that the contents were “100% grated parmesan cheese,” or words to that effect.

Since the  lawsuits all made the same claims, they were consolidated into one multi-district litigation overseen by a federal judge Gary Feinerman in Illinois. Judge Feinerman dismissed the litigation last week, ruling that “100% grated parmesan cheese” is an ambiguous statement that is open to multiple interpretations.

Judge Feinerman doesn’t understand deceit.

“Although ‘100% grated parmesan cheese’ might be interpreted as saying that the product is 100% cheese and nothing else, it also might be an assertion that 100% of the cheese is parmesan cheese, or that the parmesan cheese is 100% grated,”he wrote in his ruling. “Reasonable consumers would thus need more information before concluding that the labels promised only cheese and nothing more, and they would know exactly where to look to investigate — the ingredient list. Doing so would inform them that the product contained non-cheese ingredients.”

Each of the products involved, the judge noted, listed cellulose and the other ingredients on the label, along with the fact that the cellulose is added ‘to prevent caking.’”

“100% Grated Parmesan Cheese” might also mean “I did not have sex with that woman,” I guess. The companies didn’t put that legend on the packages to let consumers know that the cheese is “100% grated.” They put it there to mislead consumers, and try to ensure that they didn’t read that there were wood chips in their cheese. This is classic deceit, and the judge is letting companies get away with it.

The judge smugly asserts that a reasonable consumer would know that pure cheese is not shelf-stable at room temperature and couldn’t sit in sealed packaging in a grocery store for long periods of time. “Cheese is a dairy product, after all, and reasonable consumers are well aware that pure dairy products spoil, grow blue, green, or black fuzz, or otherwise become inedible if left refrigerated for an extended period of time,” he writes, and thus “would still suspect that something other than cheese might be in the container, and so would turn it around, enabling them to learn the truth from a quick skim of the ingredient label.”

Except that the labeling was designed to hide the truth, mislead buyers, and gull them into believing that it was “100% grated parmesan cheese,” like  the package said.

The judge is coming perilously closed to the old, discredited “let the buyer beware” standard that opened the door for outrageous and often dangerous consumer fraud.  I guess the judge is saying I’m an idiot: when I saw a label that said “100% grated parmesan cheese,” I didn’t assume that it mean “8% other crap.”  I assumed that it meant “100% grated parmesan cheese.”

I always wondered how that Kraft box stayed in my mother’s cupboard so long, though. But my mom also kept catsup, mustard and other condiments for decades.

We used to get sick a lot, now that I think about it…

The ruling isn’t a breach of judicial ethics, just a bad ruling that encourages deception by excusing deceit.