Ethics Quiz: The Ice Cream Sundae Dilemma

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

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

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”!!!!

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

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

 

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 →

Journalism Ethics: David Gregory’s Impudent Question

potandkettleHere’s a revolutionary suggestion: Maybe one should only be accorded the special rights of a journalist if one abides by principles of journalistic ethics.

Yesterday on his CBS Sunday Morning program “Meet the Press,” host David Gregory incited the ire of right, left and center by daring to ask Glenn Greenwald, the pugnacious left-leaning libertarian blogger and advocate who first published the NSA leaks from Edward Snowden, this question:

GREGORY: Final question for you…. To the extent that you have aided and abetted Snowden, even in his current movements, why shouldn’t you, Mr. Greenwald, be charged with a crime?

Greenwald’s answer, essentially, was “How dare you?”… Continue reading →

No “President Asterisk”

asteriskThe IRS scandal has spawned a new round of partisan “what ifs?” from Republicans and conservative commentators, the gist of them being that President Obama’s election in the 2012 contest was the result of cheating, and the IRS’s successful efforts to stifle Tea Party organization efforts. Surely the less than 2% difference between Mitt Romney and the President might have been bridged had the kind of conservative enthusiasm that marked the 2010 Congressional election not been unethically and illegally stifled! Wall Street Journal blogger James Taranto has dubbed Obama “President Asterisk.” A research paper from the American Enterprise Institute suggests that the post 2010 targeting of conservative and Tea Party groups seeking tax exempt status may have cost Mitt Romney the Presidency. Continue reading →

Here Is A Law Suit To Root For

birthdaycake1The continuing charging of licensing fees for commercial use of that most public of songs, “Happy Birthday,” has been an annoying anomaly for as long as I can remember. Why did TV families always sing some lame approximation or substitute when a character had a birthday? Just last week, I expressed my chagrin when Tom Selleck’s extended family on “Blue Bloods” brought out  granddad  Len Cariou’s birthday cake, blazing with candles, as they sang, “For He’s A Jolly Good Fellow!” Who sings that at a birthday party today? People who don’t want to be held up for the licensing rights for a song over a century old, that’s who. I believe the first time this issue imposed itself on my consciousness was when they sang some lame birthday song stand-in on “The Flintstones.”

Jennifer Nelson, a film-maker, has had enough. She was producing a documentary movie about the song, and naturally wanted it to be performed at one point in her film. Like many before her, she was told she would have to pay $1,500  via a licensing agreement with Warner/Chappell, the publishing arm of the Warner Music Group, which acquired the rights to the song  in 1988.  Nelson’s company paid the fee and is now seeking certification for a class action law suit arguing that “Happy Birthday”  is in the public domain, and has been. Warner/Chappell collects about $2 million a year in licensing fees for it, and the suit seeks return of the  fees it collected over  the last four years. The lawsuit cites the research of Robert Brauneis, a professor at the George Washington University Law School and the author of a 68-page article titled “Copyright and the World’s Most Popular Song.” In the study, Professor Brauneis demonstrates, to his satisfaction at least, that the Hill sisters,  Mildred and Patty, wrote a song in the late 1800s with the same melody called “Good Morning to All.” Nobody is certain who wrote the lyrics referring to a birthday, but it was in popular use as early as 1911. Continue reading →

Ethics Quiz: The Judgmental Judge

"I'm sorry, Miss McBeal, would you repeat that? I lost my train of thought..."

“I’m sorry, Miss McBeal, would you repeat that? I lost my train of thought…”

Circuit Judge Royce Taylor in Murfreesboro, Tennessee is being excoriated by some as being sexist or at least presumptuous for daring to broach the topic of attorney attire in the courtroom, specifically female attorney attire. In a memo, he noted that the topic had arisen in recent Bench/Bar Committee meeting, and wrote,

“The unanimous opinion was that the women attorneys were not being held to the same standard as the men. It was requested that the judges require all attorneys to dress professionally. I have advised some women attorneys that a jacket with sleeves below the elbow is appropriate or a professional dress equivalent.”

What? An elderly male judge presuming to tell female professionals what they should or shouldn’t wear?

Your Ethics Alarms Ethics Quiz:

Is it fair and respectful for judges to require female lawyers to adopt the same dress standards as male lawyers in the courtroom? Continue reading →