The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part Two of Three)

Snowden

The Ethics Alarms review of a truly disheartening year in ethics continues with fallen heroes, ficks, fools and follies with Part Two of the 2013 Worst of Ethics awards….and there’s one last section to come. Be afraid..be very afraid:

Fallen Hero of the Year

Edward Snowden, whose claim to civil disobedience was marred by his unwillingness to accept the consequences of his actions, whose pose as a whistle-blower was ruined by the disclosure that he took his job with the intention of exposing national secrets, and whose status as a freedom-defending patriot lies in ruins as he seeks harbor with not only America’s enemy, but a human rights-crushing enemy at that. The NSA’s over-reach and mismanagement is a scandal, but Snowden proved that he is no hero.

Unmitigated Gall of  The Year

Minnesota divorce lawyer Thomas P. Lowes not only violated the bar’s ethics rules by having sex with his female  client…he also billed her his hourly fee for the time they spent having sex , a breach of the legal profession’s rule against “unreasonable fees.” Yes, he was suspended. But for not long enough…

Jumbo Of The Year

(Awarded To The Most Futile And Obvious Lie)

Jumbo film

“Now, if you had one of these plans before the Affordable Care Act came into law and you really liked that plan, what we said was you can keep it if it hasn’t changed since the law passed.”

—–President Obama

2013 Conflicts of Interest of the Year Continue reading

The Strange Case Of The Brain Dead Mother-To-Be

In happier times; Mr. and Mrs. Munoz with their first child. And she really wanted her second child to die with her?

In happier times; Mr. and Mrs. Munoz with their first child. Did  she really want her second child to die with her? Is that a respectable request, if she did?

Dead people are causing a lot of anguish in the ethics world lately. First, a family wants to force a hospital to keep their brain-dead, which is to say, dead, daughter on life support just in case a miracle occurs, while the rest of society pays for it. Now, in Texas, we have a true brain death dilemma that once again highlights the problem with U.S. abortion law and ethics.

Texan mother Marlise Munoz was 14 weeks pregnant with her second child when she collapsed and later died from a blood clot in her lungs. Her parents and husband told the intensive care unit at  Fort Worth’s John Peter Smith Hospital to honor her stated wish not to be left on life support, but the hospital has so far refused to comply with their instructions.  Texas is one of 31  states that prohibit medical officials from cutting off life support to a pregnant patient. Now, more than a month after her brain stopped functioning, the late Marlise Munoz is still connected to life-support machines, and her unborn child is now in its 20th week of development. Continue reading

Here’s The Ethics Lesson From The Hall Of Fame Voting Results Tomorrow…

HOF

And that lesson is: sportswriters have no clue when it comes to ethical analysis, or any other kind of analysis, really.

Tomorrow the results of the Major League Baseball Hall of Fame voting will be announced, and those former stars receiving at least 75% of the vote will be officially enshrined as immortals. Every year before the steroid era, the voting was preceded by weird arguments that made no sense, like the one about whether a former player should be a “first time electee.” Some writers would concede that a given player was great enough for the Hall, but not vote for him because “he wasn’t good enough to get in on the first ballot.” This was, and is, ridiculous, and unfair. The question is, “Was this player great enough to deserve enshrinement, when the standards are unchanging?” It’s a yes or no question. “Maybe next year” is not a valid answer.

Thus I suppose that it should be no surprise that these same clods, faced with some really difficult ethical lines to draw in the wake of the so-called steroid era, show themselves to be not merely dunces, but ethics dunces as well. I just heard a sportswriter, Marty Noble, tell a baseball talk show that he won’t vote for any player about whom there is any question whatsoever regarding whether he cheated with steroids, including doubts based on rumors, whispering campaigns, looks, suspicions and drug tests. But he still voted for some players, he says. Well, that’s just wrong, by his own standards—he can’t be 100% sure about anyone. He also said that while he can vote for up to ten players, and agreed that there are more than ten players this year who have strong Hall credentials, he’s only voting for three. Why? Because, he says, the induction ceremony is too long.

Yes, he’s an idiot. Continue reading

Fun With Rationalizations: Considering Salon’s Attack On The New York Post

post_cover-620x412

Let me dispense with the outrage over The New York Post’s brilliant (from their perspective, which is selling newspapers) and tasteless front page covering the death of Menachem Stark, a Hasidic real estate developer ( a.k.a. “slumlord”) who was found murdered and burned in a dumpster last Friday in Long Island.

The operative principle is not, as the reader who flagged the issue suggested, the Golden Rule. The Golden Rule does not often apply to the press, which is supposed to be truthful, not kind and diplomatic. There are provisions of most journalistic codes about avoiding unnecessary harm to third parties, which is pretty much a universal ethics rule in every field, from law to the military. When, however, you operate a tabloid, and not just any tabloid but a tabloid whose brand is defined by intentionally shocking, outrageous, assaultive and controversial headlines and photos, “Unnecessary harm to third parties” is almost an impossible principle to apply.

The headline is a perfect example of the Julie Principle, which I explained back in May. The Julie Principle comes into play when an undesirable or annoying  characteristic or behavior pattern in a person or organization appears to be hard-wired and part of their essence.  In judging such a person or entity, it is useful to keep the lyrics of Julie’s song from “Show Boat” (lyrics by Oscar Hammerstein Jr., music by Jerome Kern) firmly in mind, when she sings…

Fish gotta swim, birds gotta fly…

I’ve gotta love that man til I die

Can’t help lovin’ that man of mine!  Continue reading

Race-Baiting At “The Root”

The African-American news and commentary site The Root has plowed some new ground in the field of disgusting race-baiting.  An article by Charles D. Ellison argued that the same conservatives who fought to block Terri Shiavo’s husband from authorizing the withholding of her food so his vegetative wife could die should be supporting Jahi McMath’s parents’ efforts to keep their brain dead 13-year-old daughter on life support. That they are not, he suggests, is because Terri was white, and Jahi is black.

I wrote about Schiavo’s plight here, over at the Ethics Scoreboard, in 2005. I wrote recently about Jahi McMath, here. There is no inconsistency in my positions, but there is also none in the reactions of some conservatives to the two cases, because they are not comparable. Here’s  Billy Crystal explaining the divergence exquisitely in “The Princess Bride”:

In Billy’s words, Jahi is all dead. She is brain dead, which is to say, dead. Keeping her on life support is a waste of resources, and a tragic exercise in denial. Terri was mostly dead, and was never getting better. Most of her brain was gone, but her vital functions were still operating. Conservatives regarded the withholding of food from her as murder, just as they oppose the destruction of frozen embryos that will never be born.

They were wrong to try to interfere in Terri’s case, but that is irrelevant here. There is no racism involved at all. If Jahi were white, she would still be all dead, and even the most doctrinaire conservatives don’t believe that dead people should be kept on respirators.

The Root’s piece is dishonest, ill-informed, hateful and unfair.

_____________________________

Pointer: Althouse

Comment Of The Day On Civility And Blog Moderation Ethics, By Ampersand

civility sign

It doesn’t really matter what post generated this Comment of the Day (it was the one about Melissa Harris-Perry’s second try at apologizing for inciting her guests to treat Mitt Romney’s adopted black grandchild as the human equivalent of spinach on a fashion model’s front teeth—further ethics developments: Mitt Romney was as gracious as one can be yesterday while accepting Harris-Perry’s mea culpa, and the clueless Alex Baldwin griped that she kept her MSNBC job by playing the weepy girl card, while he was sacked after his umpteenth public meltdown over a paparazzi), because it is off-topic. Ampersand, a.k.a. Barry Deutsch, and I have been fencing about the proper level of invective that should be permitted on blogs like Ethics Alarms and his blog, Alas!.

I take the topic very seriously, as does Barry, because we are both trying to build and maintain an enlightened and diverse community of serious readers and participants in ongoing discussion of serious topics. Barry’s blog is an ideological one; Ethics Alarms, despite being alternatively called on the carpet for being tilting either conservative or liberal, is not. Beyond question, from Barry’s own position on the ideological spectrum, this blog is well to his right. This particular exchange was prompted by complaints by some commenters that my moderation is too loose, that I should censor particular words or eject commenters here who engage in harsh personal denigration. I remain in flux on this problem.

It is true that I have moderated my moderation in recent months, though not as much as some people think. I still bar some commenters, and frequently refuse to accept comments that are nothing but name-calling, as well as those which are objectively moronic. But it is true that regular contributors here who have demonstrated serious intent and valid commentary acquire the privilege of going off the rails, civilly speaking, from time to time. I wish they wouldn’t do it, but despite my belief that civility is critical to societal harmony and professional conduct, I am persuaded that routinely filtering out the passion expressed by vulgarity (and worse) may go too far. I have also been influenced by the recent escalation of political correctness, especially in the media, epitomized when a CNN host announce that the verb “target” was no longer considered appropriate on TV—a threat, don’t you know.

Another factor in my thinking was Popular Science’s decision in September to ban online comments to its articles, rooted in its conclusion that research had proven that aggressively worded contrary opinions could be psychologically persuasive, and were thus “bad for science.” I don’t like the looks of that slippery slope at all.

  I explained my evolving thoughts on the issue in the earlier replies to Barry  and Beth, a commenter here and a personal friend, who has been the target of some of the least civil attacks.  I wrote in part… Continue reading

Dear Legal Profession: How Can We Respect And Trust You When You Police Yourself Like THIS?

Justice_broken3

I’ve been defending my profession a lot here lately, but I also recognize that there is a very good reason why such incidents as the surprisingly generous sentence in the “Affluenza” case and the drug court judge who suffered an alcoholic relapse on the bench are wrongly interpreted as proof of inequities and double standards in the legal system. The reason is that those who oversee the system do inexplicable things that appear to the outside world as not only a lack of integrity but also the apparent inability to realize how such conduct undermines the public trust.

Both of these recent news stories are cases in point:

I. The Imaginary Government Lawyer

In 2012, the Nebraska state supreme court disbarred lawyer David Walocha for not paying his bar dues and proceeding to practice law for 13 years with a suspended license. At the end of 2013, the District of Columbia Bar had to decide what to do with former Justice Department attorney Laura Heiser, who practiced 21 years with a suspended license in the District. What was her punishment? She received an informal admonition, which is the least severe form of disciplinary action.  Continue reading

Ethics Hero: Bill Clinton

Clinton and Bloom

A couple of initial observations on an ironic first Ethics Hero for 2014:

  • President Clinton has been an Ethics Hero before, despite the fact that it was his successful efforts at corrupting the nation’s ethics that led me to launch my first ethics website.
  • As always, when Bill does the right thing, it raises the classic ethics conundrum: did he do the right thing because it was right; did he do it because he knew someone had to do right and he wanted to be first; did he do it because he felt he had a duty to do right; did he do it because he wanted to be perceived as doing right; or did he do it to fool people into believing that he was the kind of person who just does the right thing?
  • Good luck, New York City! You are going to need it.

The speakers lined up for  Mayor Bill  de Blasio’s inauguration’s made one wonder if being rude, arrogant and confrontational is a mandatory qualification for being a New York progressive. Continue reading

Mark Clemishire And The One That Got Away

Big Fish

Letting a fish you’ve caught swim off to be hooked another day doesn’t exactly place you in the altruism big leagues with Oscar Schindler,  but one takes one’s ethical opportunities as they arrive. For Mark Clemishire, a fly fisherman from Skiatook, Oklahoma, this qualifies as exemplary ethics, and attention should be paid.

It was about a month ago that  Clemishire was plying his craft in Lake Taneycomo, Missouri, and after an epic battle, caught a monster rainbow trout he immediately dubbed Troutzilla. Measured at 31 inches long with a girth of 22 inches, Troutzilla almost certainly weighed more than 20 pounds, which easily surpassed the existing record for a rainbow trout. To get credit for his achievement, a big deal for a serious fly fisherman, Clemishire’s trout had to comply with Missouri Department of Conservation rules that required the catch to be weighed on department certified scales. But instead of etching his own name in the record books, embracing immortailty and a place in the Fly Fishermen’s Hall of Fame, if there is such a thing, Mark had some photos taken of him posing with his Catch of the Day, and let Troutzilla go free. Continue reading

The Fifth Annual Ethics Alarms Awards: The Best of Ethics 2013

Ethics Story 2013

I decided to start with the Best in Ethics this year, in contrast to other years, on the theory that it would get things off to a positive start in 2014. What it did, instead, was make me realize how negative Ethics Alarms was in 2013. Either there wasn’t much positive going on in ethics, or I wasn’t seeing it. My thanks to those of you who send me nominations for Ethics Heroes (and other stories); even when I don’t write about them, they are valuable. Please keep them coming. In the meantime, I pledge to try to keep the jaundice out of my eye in 2014. Things just can’t be as dire as they seemed last year.

Could they?

Here are the 2013 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

The U.S. Supreme Court declared the Defense of Marriage Act unconstitutional, paving the way for the universal legalization of gay marriage. Yes, it was a legal decision, but it was also based, as all such culturally important decisions are, on a societal recognition that what was once thought to be wrong and immoral was, in fact, not. This is ethics, an ongoing process of enlightenment and wisdom about what is right and wrong, and the U.S. Supreme Court did its part. Continue reading