Darek Jeter, Rob Neyer, and Baseball’s Traditional Deceptions

ESPN blogger Rob Neyer has once again called for baseball to punish “cheaters” which he defines as, among other things, “lying to an umpire” and faking an injury, though there are no rules against either. His impetus was an incident in last night’s Rays-Yankee showdown, in which Yankee shortstop Derek Jeter convinced the home plate umpire that he had been hit by a pitch, when replays showed that the ball actually hit his bat. The subterfuge led to two runs for the Yankees and the ejection of Rays manager Joe Maddon, who argued the call to no avail.  Jeter later admitted that he had fooled the umpire, and seemed to be rather pleased with himself.

This has Neyer rather confused. He writes that Jeter ought to be punished for his dishonesty, because ” it wasn’t fair that Jeter was awarded first base. It wasn’t fair to pitcher Chad Qualls, or to Qualls’ teammates or his manager or to the thousands of Rays fans watching and listening to the evening’s dramatic events.” Yet then Neyer immediately points out that Jeter did “nothing wrong.” So Jeter should be punished because he did nothing wrong? If what Jeter did is in fact dishonest and unfair, of course it is wrong.

But it’s not, any more than bluffing in poker is unfair and dishonest. Continue reading →

Casey Affleck, Worst Brother-in-Law of the Year

Imagine that your wife’s brother, who is also one of your best friends, is in trouble. He is ruining his health, career and reputation with habitual drug use and other self-destructive behavior. He seems to be deluded, yet his business associates and friends are enabling his behavior. A tragedy is  unfolding, and no one seems to care.

What do you do? Continue reading →

Unethical Quote of the Week: White House Economic Adviser Austan Goolsbee

“The vice president was talking about the summer of recovery in reference to the Recovery Act, that you would see the creation of a series of infrastructure and other projects ramping up over the summer. And you did see that.”

—White House Economic Advisor Austan Goolsby, when asked on “Fox New Sunday” about Vice President Biden’s proclamation in June that this would be “the summer of recovery”—a predication that has fallen embarrassingly flat, and that sounded rash and even silly at the time.

Of course, nobody but nobody really believes that Biden wasn’t talking about jobs when called this the “summer of recovery.” Continue reading →

Impolitic Question Dept.: Is It Unethical For Americans To Dislike Islam?

To read the bulk of the letters to the editor in the New York Times, Americans not only must extend full Constitutional rights to the worshippers of Islam (as they must), but they also better like it. Not being enthusiastic about the prominent physical manifestation of the religion in a neighborhood that witnessed the murder of nearly 3,000 innocent victims by that religion’s followers has been called evidence of bigotry, mindless hate, and “Islamophobia,” as if there are no rational and reasonable justifications for regarding Islam as a less than positive addition to the United States culture.

On the contrary, there are many tenets of Islam that are directly antithetical and in opposition to core American values. Continue reading →

“Let the Buyer Beware”? How about “Let the Seller Be Fair” and “Let the Pitchman Beware”?

A recent perusal of some developments in the ghastly realm of false advertising suggests several conclusions:

1. Too many merchants and vendors traffic in deceit, misrepresentation, and out right lies in order to separate trusting customers from their money.

2. The law is a pretty blunt instrument when it comes to controlling this. Too many tricks and tricksters, seldom enough evidence.

3. The ancient common law rule of “Let the buyer beware!” is less a warning to gullible purchasers than it is a green light for unethical business practices.

4. For every instance of dishonest advertising that is stopped, there are probably hundreds that slip by.

5. Anti-government types looking for legitimate uses of taxpayer funds for critical government regulation of private enterprise should start here.

For example: Continue reading →

“No Tolerance” For Adversary Free Speech at Obama’s HHS?

According to a press release sent out by the Department of Health and Human Services, “Secretary Kathleen Sebelius wrote America’s Health Insurance Plans (AHIP), the national association of health insurers, calling on their members to stop using scare tactics and misinformation to falsely blame premium increases for 2011 on the patient protections in the Affordable Care Act.” In her letter, Sibelius wrote…

“It has come to my attention that several health insurer carriers are sending letters to their enrollees falsely blaming premium increases for 2011 on the patient protections in the Affordable Care Act.  I urge you to inform your members that there will be zero tolerance for this type of misinformation and unjustified rate increases.”

This is an ethics foul, and one that is both frightening and clumsy. Continue reading →

Googling Potential Jurors in Court: Not Unethical, Just New

I sometimes facetiously tell legal ethics classes that the average judge is ten years behind the average lawyer in technological acumen, who is five years behind the average 13-year-old. The law and legal ethics consensus is always playing catch-up with technological developments, and every time technology is put to a new or unexpected use in a trial, some judge may react to it like a Cro-Magnon encountering his first flame.

This happened recently in the case of Carino v. Muenzen (N.J. Super. Ct. App. Div.) During jury selection, plaintiff’s counsel began using his laptop computer to go to the Web and seek  information on prospective jurors. Defense counsel objected,  and the following exchange took place: Continue reading →

Ethics Rant: “Medal of Honor”, Rev. Jones, and Imam Rauf

Almost everything has been reminding me of the “Ground Zero Mosque” lately. It is driving me crazy, perhaps because the rhetoric of the pro-Cordoba House “You’re a bigot if you don’t think this is the best idea since Disney World”  crowd is increasingly unfair and absurd, and getting worse by the minute. Or perhaps it is that the inconsistent reasoning and blindness to embarrassing analogies exhibited by just about everyone who comments on this issue has reached the detonation point. Continue reading →

Possessed Lawyer Ethics

Is it unethical for a lawyer to claim she is possessed by a client’s dead wife?

This  question has been puzzling professional responsibility experts for decades. Okay, not really. In fact, surprisingly, it just doesn’t happen all that often. But in Arizona, a lawyer is now facing suspension for claiming that she was possessed by the spirit of a client’s dead wife, then lying about it under oath. The dead wife is being accused of illegal immigration.

[OK, I made up that part, too. Sorry; couldn’t resist.]

The ABA Journal reports that the lawyer, Charna Johnson, began representing a client during his divorce proceedings. Continue reading →

Ethics Tip To Arizona Voters: Never Trust A Party That Cheats

A Republican operative in Arizona has recruited three homeless men to run for office on the Green Party ballot, in the expectation that they will siphon off Democratic votes.  A New York Times report depicts the operative, Steve May, as openly admitting his tactic, and not regretting it in the least. Democrats, says the Times, are furious. But everyone else should be too. Here is just some of what is wrong with May’s conduct: Continue reading →