From The “Everybody Does It” Files: “Welcome to Chico’s Bail Bonds Park!”

Bad News Bears

The Washington Nationals announced this week that it has partnered with Major League Baseball Advanced Media and the consulting firm Korn Ferry to sell naming rights to Nationals Park, as the team’s home field has been known since it opened in 2008.

After all, the team explains, plastering a corporation’s name on the ballpark could add between ten and twenty million dollars a year to the team’s revenue, and imagine how much better the team will be with another starting pitcher or slugging outfielder. Why wouldn’t a team sell its home’s name, and a large chunk of its identity, to a bank, a website, or a pet supplies company?

I admit it: being a life-time fan of the Boston Red Sox, who play in one of the the ten major league parks ( the others: Angel Stadium of Anaheim, Dodger Stadium, Fenway Park, Kauffman Stadium, Marlins Park, Nationals Park, Oriole Park at Camden Yards, Turner Field, Wrigley Field, and Yankee Stadium ) belonging to teams that have not accepted filthy lucre to mar their stadium entrances with the names of companies Bernie Sanders would hate, I find the idea revolting.  A baseball team represents its community; its lore becomes part of the culture and shared memories passed downfthrough generations.. That has value, and symbolic significance. How much is it worth? It’s priceless, or should be. Continue reading

“A Nation Of Assholes” Epilogue, Baseball Edition

To be fair, Donald Trump supporters and Trump himself are not the only ones who would transform the United States into a rude, boorish snakepit of jerks and narcissists.

There is Bryce Harper, for example, shown above in his minor league days blowing a kiss to a pitcher after a home run.  In a much discussed interview with ESPN, Harper decried the “unwritten rules” of Major League Baseball, which, among other things, disapprove of showboating, trash-talking, styling, and showing up  opposing players. Naturally, many sportswriters, whose IQ and ethical standards hover perilously close to those of the juvenile, none-too-swift Harper, are flocking to his side.

“It’s a tired sport because you can’t express yourself. You can’t do what people in other sports do,” Harper said in the interview. “I’m not saying baseball is . . . boring . . . but it’s the excitement of the young guys who are coming into the game now who have flair. If that’s Matt Harvey or Jacob deGrom or Manny Machado or Joc Pederson or Andrew McCutchen or Yasiel Puig — there’s so many guys now who are so much fun.”

Nobody’s against fun, of course, and there have been many players past and present whose unique flair was justly celebrated. Harper, not being a rhetoric master, probably mixed up the harmless with the toxic in his list unintentionally, but there’s no excuse for Pulitzer Prize-winning sportswriter Tom Boswell, other than the fact that intellectual dishonesty is his career calling card.

“From Willie Mays basket catches to Pete Rose sprinting to first on a walk to Dennis Eckersley fanning his finger-pistol at hitters he had struck out, baseball needs all the authentic extroverted individuality it can get, ” writes Boswell in his piece about Harper in the Washington Post. Ah yes, the device of the deceptive metaphor. Willie Mays used the basket catch because that’s the way he caught baseballs. Pete Rose ran to first on walks because he hustled.

The pistol routine Eckersley used (occasionally)? He was being a jerk. Continue reading

Ethics Quiz: The Uncast Star

WSS dancer

Northern Virginia’s most acclaimed and honored musical theater, Signature Theater (not to be confused with also well-honored NYC regional theater of the same name) is currently presenting “West Side Story.” A feature article about the sold-out production noted the fact that the show’s marketing prominently features  dancer Gustavo Ribeiro, a former member of the Washington Ballet’s Studio Company, whose career has been soaring of late, just like the photo of him mid-air that has appeared in Signature’s season announcement, show posters, program covers and in “West Side Story” reviews and features.

In addition to inducing potential audience members to believe this superb dancer is featured in the show, the fact that he is apparently Latino creates the assumption, suggests the article’s author, that members of the Puerto Rican gang, the Sharks, are played by Hispanic actors.

They are not. Neither is Ribeiro in the show his image advertises. Nor, I strongly suspect, are any dancers of his caliber.

For your first Ethics Alarms Ethics Quiz of 2016, I ask you:

Is this ethical advertising?

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Update On “The Worst Aunt Ever” Debate

Auntie Maim and Nephew Maimer...

Auntie Maim and Nephew Maimer…

Remember the Ethics Alarms post about the favorite aunt who sued her 12-year old nephew for damages based on her injury when he jumped into her arms at his birthday party when he was 8? Remember the indignant plaintiffs lawyer who couldn’t get his mind around the fact that normal people don’t (ande shouldn’t) always see right and wrong like lawyers do, or that “it’s done all the time” (that is, The Golden Rationalization, #1 on the Rationalizations list, “Everybody does it”) and “there are worse lawsuits” ( or the worst of all rationalizations, #22, “Comparative Virtue” or “Its not the worst thing”) are not sufficient ethical defenses of a woman who voluntarily traumatizes a child who trusts her and who just lost his mother?

The Weekly Standard looks at the episode from some different angles, and writer Charlotte Allen does an excellent job providing a balanced analysis of the case (which I am now using in my ethics seminars to explain to lawyers how legal ethics alone is often not enough to make lawyers ethical). I am awash with regret that I didn’t think of the gag  “Auntie Maim” in the original post, which admittedly went a bit overboard in its condemnation as it was. Mostly, however, I am gratified that I was quoted in the piece after a well-handled interview with Charlotte, and indeed that she used my perspective to sum up the significance of the episode.

You can read it all here.

Ethics Observations On The Second Democratic Candidates Debate, Part 2 of 2

Dems three

The transcript is here.

Part I is here.

6. Sooner or later, a Democrat is going to have to answer a question about the “safe places,” microaggressions,” college campus meltdown that is, I think, just gathering momentum, and choose between alienating the young black base that elected Barack Obama, or horrifying people who believe in free speech and thought, presumably a few iconoclast Democrats and a lot of independents. Significantly, CBS didn’t ask Sen. Sanders that question.

Well, it’s significant if you  believe that CBS is protecting the Democrats. As we saw in Bernie’s coddling of Black Lives Matter, and know from the fact that he’s a Marxist at heart, he doesn’t really expect to be nominated and has no spine (see Part I), Sanders was a good bet to fully endorse the anti-free speech position taken by the students at Yale, Amherst and Mizzou. That would have put the whole Party, which right now is Hillary, on the spot. Surely CBS would never do that. The alternative is to believe that last night’s journalists were inept.

Only Hillary was asked the question, and she ducked it with something akin to what Olson Johnson called “authentic frontier gibberish”:

DICKERSON: Secretary Clinton, you told some Black Lives Matter activists recently that there’s a difference between rhetoric in activism and what you were trying to do, was — get laws passed that would help what they were pushing for. But recently, at the University of Missouri, that activism was very, very effective. So would you suggest that kind of activism take place at other universities across the country?

CLINTON: Well, John, I come from the ’60s, a long time ago. There was a lot of activism on campus — Civil Rights activism, antiwar activism, women’s rights activism — and I do appreciate the way young people are standing up and speaking out. Obviously, I believe that on a college campus, there should be enough respect so people hear each other. But what happened at the university there, what’s happening at other universities, I think reflects the deep sense of, you know, concern, even despair that so many young people, particularly of color, have…You know, I recently met with a group of mothers who lost their children to either killings by police or random killings in their neighborhoods, and hearing their stories was so incredibly, profoundly heartbreaking. Each one of them, you know, described their child, had a picture. You know, the mother of the young man with his friends in the car who was playing loud music and, you know, some older white man pulled out a gun and shot him because they wouldn’t turn the radio down.Or a young woman who had been performing at President Obama’s second inauguration coming home, absolutely stellar young woman, hanging out with her friends in a park getting shot by a gang member.And, of course, I met the mothers of Eric Garner and Tamir Rice, and Michael Brown and Trayvon Martin and so many of them who have lost their children.So, your original question is the right question. And it’s not just a question for parents and grandparents to answer. It’s really a question for all of us to answer, every single one of our children deserves the chance to live up to his or her god-given potential. And that’s what we need to be doing to the best of our ability in our country.

DICKERSON: All right, over to Kevin Cooney.

Hilarious.

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World Series Ethics: Another Pine Tar Sighting, As Baseball Ethics Rot Gets A Thumbs Up From Legal Ethics Rot

Sal Perez

Cameras during Game #2 of the 2015 World Series revealed that Kansas City Royals catcher Sal Perez had what appeared to be pine tar on his shin guard during the game. This would presumably be there for the purpose of surreptitiously smearing some of the gunk on the ball, then throwing it back to the pitcher so he could “get a better grip on the ball,” a.k.a “tamper with the baseball so it can do loop-de-loops.” This is illegal. It is cheating. According to Rule 8.02(a)(2), (4) and (5), the pitcher shall not expectorate on the ball, on either hand or his glove; apply a foreign substance of any kind to the ball; [or]  deface the ball in any manner. The rule is unambiguous, and if a pitcher or a catcher is caught violating the rule, they are thrown out of the game with a suspension and fine to follow.

None of this happened to Perez or his pitcher that night. According to NBC Sports blogger Craig Calcaterra, a former practicing lawyer who I am officially disgusted with, the reason was that “Nobody cares,” including Calcaterra.

I wrote extensively about Major League Baseball’s unethical attitude toward violations of this particular rule last year, after an absurd sequence in which Yankee pitcher Michael Pineda was caught by TV cameras apparently using pine tar on his pitches without compliant from the opposing Red Sox, followed by Sox manager John Farrell saying that he hoped he would be “more discreet” about his cheating “next time,” and then when Pineda was more obvious about it next time, Farrell complained to the umpires, who threw Pineda out of the game (he was also suspended). I wrote, Continue reading

The New York Times Goes Full Orwell

ralphie_soap

Expanding on the recent alarm sounded here about the Democratic Party and progressives increasingly resorting to the tools and values of totalitarianism in order to by-pass democracy in their quest for power, I must flag today’s editorial by the New York Times, calling for the “retirement” of the word “alien.” As in all disguised efforts to indoctrinate by making opposing views impossible to express or even think, the Times uses a set of false arguments to achieve its goal, which is apparently open borders. Why does the most preeminent newspaper in the country have such a sickening and irresponsible view? I don’t know. These are the people who determine the content of the news, however. I’m not sure which would make this screed more frightening, the fact that the editors don’t recognize the methods of totalitarianism, or the fact that they do, and are embracing them.

Here, in part, is the editorial’s argument for “retiring,” as in “banning,” the word “alien,”  with my comments in bold:

Over the years, the label has struck newcomers as a quirky aspect of moving to America. Many, understandably, have also come to regard it as a loaded, disparaging word, used by those who regard immigrants as less-than-human burdens rather than as assets.

[ Straw man. Who that was not immediately condemned far and wide has ever described immigrants as less than human in the last 50 years? The Times is engaging in deceit: this editorial isn’t about “alien,” but illegal aliens—you know, the people that Donald Trump was obviously talking about and the Left and illegal alien advocates intentionally misrepresented his comments to push their agenda. As for the term “illegal immigrants,” damn rights it’s disparaging, because they are illegal, and citizens and newspaper editors ought to regard law-breakers as “burdens rather than as assets.”]
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My Reply To Eric Turkewitz’s Criticism Regarding “The Worst Aunt Ever”

This guy would have given The Bad Aunt the right advice...

This guy would have given The Bad Aunt the right advice…

Eric Turkewitz is a New York trial attorney, by all accounts a terrific lawyer, by the evidence of his writing an ethical and astute one, in our brief encounters a very nice guy, and the proprietor of “The New York Personal Injury Law Blog.” In a recent post, he defends the decision of Jennifer Connell to sue her young nephew for a four-year old injury she received when he hugged her too enthusiastically at her birthday party. He notes, correctly, that the decision to sue was based on the client accepting a “bad call” by her lawyer. He also includes a lot of information not mentioned in the early posts on the matter, including mine. Still, he defends Connell. He also specifically criticizes my post. Eric writes,

And this is from Jack Marshall, who says he actually teaches ethics and has a blog called Ethics Alarms (coded “no follow“):

“What’s going on is that Aunt Jennifer is pure hellspawn, a mysteriously animated pile of human excrement that embodies the worst of humanity.”

This is what happens when people elect to post stuff on the web based on an initial news report that was, shall we say, very selective on what it chose to report. This site is getting quite a bit of traffic, most likely from many who never knew it existed. So let me answer a question some of you may have: Yes, I know what it’s like to be on the receiving end of lawsuits, and they weren’t nearly as benign as this run-of-the-mill kind: On Suing and Being Sued.

Yes, I “actually teach ethics,” and I could, in fact, teach Eric some things that he would find useful and enlightening. I’m not going to get in a pissing match with him, in part because, as I learned from another tiff four years ago (in which I was wrong, and duly apologized), he has some very, very nasty pals, and I don’t want to throw blood in the water. This is, however, an excellent example of how lawyers often end up seeing the world, and in fact I may use his post, unattributed, in seminars to show where legal ethics and ethics diverge. It is wise for lawyers to be atuned to both.

Here was the response I made to Eric on his blog: Continue reading

1. The NY Times Has A New Author Of “The Ethicist” And 2., Boy, Did He Ever Botch The Dilemma Of The Closeted College Student

"NEXT!!!"

“NEXT!!!”

The New York Times Magazine column “The Ethicist,” long authored competently by non-ethicist Randy Cohen, had lost me due to the biased and often unethical answers to his reader’s queries by his most recent successor, Chuck Klosterman. So repellent was Klosterman’s version of the column that I didn’t even notice when the Times sacked Klosterman late last year after one bizarre response too many.

[The final straw:  An inquirer  went to a Starbuck’s  wanting to buy a regular over-priced cup of coffee, but when the woman in front of the customer  ordered a pumpkin-spice latte  and received a coupon for a free drink because the shop was out of it, “NAME WITHHELD” ordered a pumpkin- spice latte to get the free coupon. Was this ethical, he/she/it asked?” Klosterman’s answer: “No. You’re a liar and a low-rent con artist. And you live in a community where pumpkin-flavored beverages are way too popular.”  Now, “No” is correct, but it’s a great question, and deserving of a serious analysis rather than whatever that was from the ex-Ethicist. The coupon was a nice gesture to someone who had come to the Starbuck’s wanting a specific beverage and was disappointed—a store should not be tantalizing customers with products they don’t have to sell, essentially setting up a bait and switch. The coupon was an ethical “We’re sorry,” but also made the employee vulnerable to anyone who decided to misrepresent his real intent in order to get a free drink later. Yes, taking advantage of this opportunity to the detriment of the store is unethical, because the inquirer took an appropriate gesture clearly intended for a specific situation and exploited it. It was not illegal, however, and was  not a con. I would compare it to the scenario where a computer glitch has resulted in an airline selling tickets online for absurdly small amounts, and travelers rush to take advantage, rationalizing that mistake or not, the opportunity is there and they can legally grab it.]

Now the Times has a new author of “The Ethicist,” after experimenting with a new format in which a podcast including him and some other commentators hashed over ethics hypotheticals and then the podcast was transcribed and published in the Sunday Times magazine. He is Kwame Anthony Appiah, who teaches philosophy at N.Y.U.  This week Appiah’s  first solo, so I would normally say that it’s too early for any fair assessment, but boy, did he ever botch the September 2 podcast. He botched it so badly that I can’t see myself paying much attention to anything else he writes. It was an ethics disaster.

A college student asked if he could ethically lie to his anti-gay father about his sexual orientation so Dad would keep paying the student’s tuition. The father is suspicious based on some clues during his son’s high school days, and has made it very clear to his son that if he is gay, he would not only withdraw all financial support but also reject him entirely. “Questions about my sexuality are inevitable whenever I come home,” the inquirer wrote. “My father has demanded I produce archives of all emails and text messages for him to review, although I have successfully refused these requests on the grounds that he has no claim to my adult communications.”

He asks, Is it ethical for me to continue accepting financial support for my education and my career that will come from it? Could I continue to lie to accept the support and one day disclose my sexuality and pay him back to absolve myself of any ethical wrongdoing?”

The correct answer is “Of course not,” and it amazes me that anyone would think otherwise. The second part of the question is an especially easy ethics lay-up: the steal now, pay back later scheme, also known as “the involuntary loan,” or “I meant to pay it back!”, is pure rationalization, and its existence proves that the writer knows damn well that what he’s doing is wrong, and just wants someone to tell him that it’s OK.

Astoundingly, Appiah and his podcast buddies (Amy Bloom, a novelist and psychotherapist, and  Kenji Yoshino, an  N.Y.U. law professor) tell the inquirer that it is OK, because, it is clear, they are advocates for gay rights and don’t appreciate anti-gay bigots. Thus they amass nothing but rationalizations  and outright unethical arguments to justify the student’s ongoing deception. As a philosopher who knows better, Appiah should have been correcting his colleagues. Instead, he enables them, because gay advocacy trumps honesty and ethics. Continue reading

The Aftermath: Final Observations On The Papelbon-Harper Incident

Jonathan Papelbon in another career highlight...

Jonathan Papelbon in another career highlight…

More on the aftermath of the incident that has the baseball world talking and the sports ethics world cogitating…

1) The Nationals punished the right player, suspending reliever Papelbon for four games, which combined with the three games the league suspended him for intentionally throwing at a player in an earlier game, ends his season in embarrassing fashion. The four lost games will cost the closer about $280,000 in salary, and his total loss, with the additional three games, will be close to a half-million dollars.

2) The word out of the Nationals clubhouse is that many players agree that Harper was dogging it to first base (the impetus for the criticism that started the fight) and that Papelbon was within his rights to call Harper on his lack of hustle. This indicates that Papelbon was reacting to a perceived lack of leadership on the team. In fact, the team does lack leadership, as manager Matt Williams is neither respected nor listened to, and this was one of the reasons the heavily favored Nats collapsed down the pennant stretch. Thus it seems that Papelbon, a recent acquisition who was new to the Nats culture, may have been trying to fill a leadership vacuum and botched it. Still, he engaged in his unethical conduct for an ethical reason; that only places him in “the ends justify the means” territory, however.

Moreover, any team whose leader is Jonathan Papelbon is in big, big trouble.

3) Incredibly, manager Matt Williams, who left Papelbon in the game after the fight to pitch the ninth and get clobbered, claimed that he wouldn’t have done so if he was aware of what happened. Williams said that he was at the other end of the dugout, and didn’t understand the import of the commotion that had players shouting and separating two combatants, including his best player and his current pitcher. Wow.  The Nats dugout isn’t that long. He wasn’t curious? Didn’t he feel, as the man in charge, a need to investigate? Worse still, none of his coaches felt that he needed to be informed, even considering that this was happening in full view of the fans and TV cameras.  Continue reading