fairness

Ethics Dunce: Suspended Milwaukee Brewers Outfielder Ryan Braun

/ Jack Marshall / 3 Comments
If John Edwards could hit...

If John Edwards could hit…

When National League 2011 MVP Ryan Braun escaped suspension when an arbitrator ruled that his positive urine sample was invalid due to an interruption in the chain of custody, I concluded my commentary with this:

“If he was guilty of cheating, the vote didn’t make him innocent, and if he was innocent, he wouldn’t have become guilty if the arbitrator had voted the other way. Thus Braun’s successful appeal alters forever the consequences Braun will suffer, but it doesn’t dictate how reasonable fans should feel about him. In 2012, there are great baseball players who have been excluded from baseball’s Hall of Fame, or will be, because baseball writers suspect them of being steroid users, even though they never tested positive in any test, tainted or otherwise. Jeff Bagwell, Sammy Sosa and Roger Clemens head the list. If Ryan Braun goes on to  be one of baseball’s all-time greats, will he join the suspected and snubbed, barring a complete turnaround in the sport’s attitude toward performance-enhancing drugs?

I think he will. And in his case (unlike that of Jeff Bagwell), I don’t think it will be unfair. Though Braun’s tests were correctly thrown out, it seems far less likely to me that Laurenzi inexplicably decided to frame Ryan Braun than it does that Braun was the undeserving beneficiary of moral luck. But if we have to choose between competing unfairness, isn’t it better to risk allowing a cheater to have an undeserved second chance at a clean reputation, than to take the alternative risk, less probable but more unjust, of forcing an innocent athlete to have his career and reputation forever blighted by something he didn’t do?

“I’m not sure, and the added problem is this: even if I agree with that last sentence, I can’t help how I think.  I think, based on what I know, that Braun cheated and lucked out.

“And if he’s innocent, that’s terribly unfair.”

Now we know he was not innocent, and that Braun, to put it in the colorful lexicon of NBC Sports baseball blogger Matthew Pouliot, ” is baseball’s biggest dipwad.” It is impossible to dispute that diagnosis. The Milwaukee outfielder has agreed to sit out the rest of the 2013 season without salary in the wake of convincing evidence that Braun is a steroid cheat, making him the first casualty of the unfolding performance enhancing drug scandal involving the lab Biogenesis that is expected to eventually implicate many Major League stars.  Pouliot collects some of Braun’s quotes after he dodged the suspension bullet in 2011, and for some one who was guilty and knew it, they set a high bar for dishonesty and gall:  Continue reading →

Confections And Consequentialism

/ Jack Marshall / 16 Comments
Busted!!!!

Busted!!!!

From across the pond comes a stupid story rich with buried ethics treasures.

Eleven-year-old Holli McCann was sent home from a week long school trip to the Isle of Wight (where Paul McCartney started vacationing  when he turned 64) because she violated one of the rules of the trip: no chocolate. The Bromet (in Watford, Herts) Primary School’s headmistress, Yvonne Graves, discovered the infraction by surreptitiously reading a private letter that Holly had written to her mother. After perusing the incriminating missive,Graves ordered teachers to search Holli’s room, which they did with the diligence and thoroughness of the FBI looking for forensic evidence of a serial killing, even emptying her toiletry bag into the sink and pulling out the lining of her suitcase. It was all worthwhile, however, because they discovered the yummy but incriminating substance they sought.

After the smoking chocolate was discovered, the headmistress contacted Holly’s mother and told her to pick up her daughter immediately—she had been voted off the Isle. The mother begged  Graves to reconsider, but was refused. She had to borrow money to make the 160-mile trip to pick up her daughter.

What have we learned? Continue reading →

And You Thought “North West” Was A Terrible Name To Give A Kid…

/ Jack Marshall / 12 Comments
Alkapone and his namesake

Alkapone and his namesake

Being the daughter of Kanye West and Kim Kardashian is handicap enough, one would think, without having to go through life branded with the name “North West.” But in the annals of self-indulgent and reckless child-abuse-by-birth-certificate, what the rapper and the whatever-the-hell-she-is inflicted on their love child is small potatoes compared to the cruel and horrible name affixed to this unfortunate:

From Hawaii News Now:

“Big Island police have charged the man arrested in connection with a carjacking Wednesday night in Hilo. Alkapone Cruz-Balles, 19, who has no permanent address, was charged late Friday afternoon (July 19) with first-degree robbery and unauthorized control of a propelled vehicle…A Hilo man was ready to get into his car at the Target parking lot of on Puainako Avenue when police say Cruz-Balles brandished a weapon and threatened the victim. Police say he then took the keys and took off in the car….”

“Alkapone Cruz-Balls?” Continue reading →

Unethical Quote Of The Month (Trayvon Martin-George Zimmerman Ethics Train Wreck Division): President Barack Obama

/ Jack Marshall / 71 Comments

 “I just ask people to consider if Trayvon Martin was of age and armed, could he have stood his ground on that sidewalk? And do we actually think that he would have been justified in shooting Mr. Zimmerman, who had followed him in a car, because he felt threatened?”

—-President Barack Obama, in hisunscripted remarks yesterday regarding public reaction to the George Zimmerman acquittal.

"That was fun! Let's do it again!"

“That was fun! Let’s do it again!”

The chorus of Hosannas following President Obama’s latest foray into inappropriate Presidential interference with local law enforcement—a virtual trademark of his leadership—were as predictable as it was wrong. As for the President’s remarks, they were more than wrong: they were reckless, foolish, irresponsible and dangerous.

That race relations is an appropriate topic for a Presidential address is not in question, nor is it to be denied that many of the comments and observations in President Obama’s remarks yesterday were valid, nuanced, perceptive and worth making—at another time, in connection with another case, and certainly not in connection with this case, at this time. That this is true should be obvious, and it should have been especially obvious to President Obama. That he went ahead and made those statements anyway suggests either a stubborn arrogance or sinister motives. Third alternative is stupidity, and the President is not stupid. Continue reading →

Ethics Quiz: The Ice Cream Sundae Dilemma

/ Jack Marshall / 30 Comments

ice-cream-pic

It just took me more than 10 hours of assorted travel hell to reach this Colorado resort where I’m giving a keynote speech at the Utah Bar’s annual convention. I arrived in my room close to midnight, and I was parched and annoyed. I decided to indulge myself by ordering a nice, cool treat from the late night menu—a vanilla fudge sundae, with roasted pecans, whipped cream, and a cherry on top.

The young and earnest resort employee arrived 20 minutes after my call, and I signed for the dessert. It wasn’t until I had several spoonsful that I noticed something was missing: no pecans.

Your Ethics Quiz:

Should I have called up room service and demanded the promised nuts? Continue reading →

Unethical Blog Post of the Month (Trayvon Martin-George Zimmerman Ethics Train Wreck Division): “The Wire” Creator David Simon

/ Jack Marshall / 22 Comments
Well, that's one more show I won't be watching on Netflix...

Well, that’s one more show I won’t be watching on Netflix…

On his blog, the creator of the critically-praised HBO drama “The Wire” hit all the marks of Trayvon Martin derangement—misstatement of facts, ignorance of the law, presumption of guilt without proof, unreasoning fury, and appeal to violence. David Simon wrote, Continue reading →

And This, Craig, is Why Barry Bonds Should Only Get In The Hall Of Fame With A Ticket

/ Jack Marshall / 17 Comments
Blame Barry, Chris.

Blame Barry, Chris.

In Baltimore, a young, slugging first baseman is leading the charge to get the Baltimore Orioles into the American League play-offs. He is on a home run pace that could net him 60  or more, and fans voted him the starting first baseman on his league’s All-Star team. Because his production this year far exceeds anything he had accomplished before, however, Chris Davis’s emergence isn’t being celebrated as much as it is being suspected. Another steroid scandal looms over major league baseball, one which threatens to engulf two former MVPs, as well as other players. Fans and sportswriters don’t trust players any more, or their power totals, not since Mark McGwire and especially Barry Bonds juiced and injected their way to shattering the game’s home run records.

This bothers lawyer/baseball blogger Craig Calcaterra, and it should., as someone concerned with justice. Of the smearing of Davis, he calls it…

“…utterly baseless speculation; Davis has always had tremendous power but is now, in the past year, matched it up with better plate discipline — is the product of a media landscape which has decided that every power hitter is a ‘roider. Jose Bautista got this treatment a couple of years ago. Davis is getting it now. Everyone who engages in this business does so because they’ve been convinced by the baseball media that such speculation is not just justified but necessary. It’s neither of those things. The drug testing system put in place had avoiding these parlor games as one of its primary justifications. But that’s not good enough for some, apparently.” Continue reading →

ARRRGH! Outrageous Ethics Malpractice By “The Ethicist”!!!!

/ Jack Marshall / 38 Comments
Well, you did it again, Chuck..you made my head explode. But now I have a place to keep my keys...

Well, you did it again, Chuck..you made my head explode. But now I have a place to keep my keys…

It’s time for Chuck Klosterman, the New York Times’ designated amateur who now handles “The Ethicist” advice column, to hang it up, and let some randomly chosen unemployed New Yorker take a shot at the job. Since assuming his post, Chuck has had good moments and bad, but this botch is embarrassing, and signature significance—no one who isn’t a bona fide Ethics Dunce could make such a terrible call.

Get this: Klosterman was asked whether surreptitiously taking cuttings from plants owned by a shopping center was unethical:

“…While walking through our local shopping center, we noticed a particular plant that we both liked and decided to get it for our patio….My wife thought she could grow it from cuttings, so we went back and took about three or four cuttings from one of the many plants that were scattered around the shopping center. The plant was not hurt or damaged in any manner or form, but my gut instinct told me that this was wrong. Was it?”

Does this question really need asking? Apparently, because the fraud masquerading as an ethicist at the Times thinks it’s a “thorny” question (Chuck likes puns…maybe the column should be called “The Punster”) about an “unethical act that has a positive impact.” ( Helpful hint to Chuck: the issue is stealing.)  Klosterman then embarked on a rationalization orgy: Continue reading →

The Progressives’ Attacks On Shelby County v. Holder: Unethical and Ominous

/ Jack Marshall / 67 Comments
How DARE the Supreme Court not defer to Congressional judgment when it knows Congress is incapable of competent decision-making!

How DARE the Supreme Court not defer to Congressional judgment when it knows Congress is incapable of competent decision-making!

After reading more of the hysterical, sneering attacks on the Supreme Court’s decision in Shelby County v. Holder, I have concluded that I initially neglected to recognize the deep bias and contempt for basic rights that underlie them. The critics have no legitimate arguments to support allowing the current formula set out in the Voting Rights Act to continue, except that they believe trampling on innocent citizens’ rights is acceptable government practice if it makes the civil rights establishment happy, and allows the myth to be perpetuated that Republicans sit up late at night trying to figure out ways of stopping blacks from voting. “It may be unconstitutional, but it works!” is the best of their claims, a pure embrace of that hallmark of corrupted ethics, the ends justify the means. Note that this is also the justification being offered by the Obama Administration for drone strikes, PRISM, and tapping the phones of reporters. This isn’t an argument but a philosophy, and one that is offensive to core American values.

The Times, no longer the premiere news source in the country but certainly the premiere Democratic Party ally masquerading as a news source, clinched it for me. In its scathing editorial condemning the decision, the only arguments it could come up with were… Continue reading →

Shelby County v. Holder: Inflammatory Rhetoric, Biased Reporting, Irresponsible Hyperbole

/ Jack Marshall / 98 Comments

 

The Supreme Court rules that it's not 1965 any more. The Horror....

The Supreme Court rules that it’s not 1965 any more. The Horror….

Sometimes one would think that the left-tilted media and the race-grievance industry is conspiring to divide America. Sometimes, one would be right, and such a time was the disgraceful and misleading reporting of the Supreme Court’s 5-4 ruling in Shelby County v. Holder, followed by apocalyptic and fear-mongering cries of outrage from Democrats, whose characterization of both the decision and its meaning were not just wrong, but dishonest and irresponsible.

The decision did not “gut” the 1965 Voting Rights Act as several news sources stated, nor strike at the “heart” of it, as the New York Times, editorializing in its headline, told readers (quoting Bill and Hillary Clinton), nor  did the Supreme Court “reset” the “voting rights fight,” as USA Today headlined the decision. There is no dispute, or “fight,” over whether minorities should have the right to vote (Really, really unethical headline, USA Today…)  Nor did the ruling “turn back the clock,” as multiple critics claimed. The latter was an especially Orwellian description, given that what the decision really did was insist that a clock that had been stopped for 40 years finally be set to reflect the passage of time. Continue reading →