Commenter Zanshin returned to expand on his answer to the hypothetical I offered a Boy Scout troop based on one of my late, lamented professional theater company’s many dilemmas over the years. Here is the situation again…
The Option
Your professional theater company has limited funds, so it offers its actors an option. They may choose a flat fee for their roles, or get a percentage of the show’s profits, if there are any, on top of a much smaller base fee.
The company just completed an extremely profitable production, the biggest hit your theater has ever had. Nine of the show’s ten cast members chose the percentage of profits option, a gamble, because most of the shows lose money. One, the star, who you know could not afford to gamble, took the flat fee for the role. After the accounting for the production is complete, you realize that every member of the cast will make $1000 more than the star, because of the show’s profits.
Question 1: What do you do?
Give him the extra $1000. It’s only fair.
Pay him the flat fee. A deal’s a deal.
Question 2: You remount the production, and the exact same thing happens. The actor chooses the flat fee, the show is again a huge money-maker,,and the rest of the cast will make much more than him because they chose the percentage. Do you give him the extra amount again?
No. Now he’s taking advantage of me.
Yes. Nothing has changed.
You can read the initial responses here, and check the poll results.
Here are my reflections on this ethical (hypothetical) issue.
Question 1: Some personal background influencing my thinking: In the early years of my career I worked at a small company (about 40 employees). After having worked there for 2 years the owners sold the company, probably for a very good price, because they decided to give every employee about $ 200 for each year that he had worked with the company. Some of my colleagues worked with them for 15 years and more.
For me it would be a nice $ 400 but to my surprise I received $ 1.000 with a handwritten note which stated something like, “We’ll give you $600 extra because we are very pleased with your performance with us. Please do not discuss this with your colleagues.”
Back to the question.
I would go for a third option. First, Pay him the flat fee. A deal’s a deal.
But at the same time, give him in some personalized way, about $500 extra.With personalized I mean, fitting the situation. Why couldn’t he gamble with his reward? For instance, his car is broke, he needs it very bad for whatever reason. Offer to pay a part of the bill, etc.
Question 2: In my opinion the set-up of the first situation (question 1) was already tainted. Just as we expect of journalists that they don’t “interview people who are drunk, drugged, impaired, or not in a mentally or emotionally stable state.” one should also not ask an employee who you know could not afford to gamble to just do that, gamble with his income. Continue reading →
Colorado legislators last week voted overwhelmingly to kick out State Representative Steve Lebsock, a Democrat, after five women had accused him of eleven total instances of sexual harassment. To say Lebsock did not go gentle into that good night is an understatement.
One of the accusers was a colleague and fellow Democrat, Rep. Faith Winter, who claimed that Lebsock “acted aggressively” toward her when she turned down his sexual advances during an end-of-session party in 2016. She claimed that he grabbed her elbow, causing her to feel threatened. Lebsock denies the allegations of all of the women, and claimed that he was being railroaded out of his seat to help his accuser, Winter, win a state Senate seat in November. So vigorous was Lebsock in his defiance that two other Democrats, Assistant House Majority Leader Rep. Alec Garnett and Rep. Matt Gray, announced in speeches that they had been wearing bulletproof vests in the chamber for weeks in response to his threats.
No, Steve Lebsock didn’t order a hit. He was more creative. To enact his revenge on his party for making him Colorado’s Al Franken, he formally switched his party registration from Democrat to Republican just minutes before the state House expelled him. As a result, Republicans, rather than Lebsock’s original party, get to fill the vacancy left by Lebsock’s expulsion.
Of course, nothing says that the Colorado GOP couldn’t treat this technical maneuver as the petty payback it is, and in the interests of comity and fairness, let Democrats choose who will fill Lebsock’s seat by allowing Democratic governor John Hickenlooper to appoint his replacement. Nah! Colorado Republican Party Chairman Jeff Hays said a vacancy committee would meet later this month to pick Lebsock’s replacement, saying,
“Statute clearly assigns our vacancy committee the authority and responsibility to fill this seat. After careful consideration, we concluded it would be dereliction of duty to punt the appointment to Gov. John Hickenlooper. We owe it to the people of House District 34 to give them the experience of ethical representation, which the Democrats, when they controlled the seat, signally failed to provide.”
The rationalization for this argument is that the Democrats had known about Lebsock’s harassing conduct all along, and covered it up before the #MeToo fervor struck. Of course, if the Democrats knew, it’s likely that his Republican colleagues knew as well. Continue reading →
I haven’t featured Ken White lately, in part because Popehat’s posts are sporadic, unlike those of mad bloggers who habitually post multiple essays a day. However, Ken’s most recent post is the epitome of ethical blogging at its best. It is long, but absolutely worth the time to read. His subject is the internet pile-on against a mentally ill writer named Kenneth Eng, who, Ken points out, was obviously not well, and yet was mercilessly attacked and mocked. Fox News even exploited his illness for some sensational cable moments—shades of Sam Nunberg! Ken, who has written frankly and courageously about his own battles with clinical depression, takes a hard ethics inventory, finds himself and the internet community lacking, and does a superb job—as usual—of clarifying a difficult issue. I have had my differences with Ken, but at his best, White is as ethically astute and clear a writer as there is online, with an almost unfailing ability to point us in the right direction.
1 Great. Now I have to defend Steve Bannon. What greeted me this morning, as I surfed the Sunday news shows, Diogenes-like, searching for an honest journalist, but the sight of Steve Bannon in France, addressing the far-right National Front party yesterday and saying, speaking of the party’s effort to stem unrestrained immigration, particularly from Muslim countries, “Let them call you racist. Let them call you xenophobes. Let them call you nativists. Wear it as a badge of honor.” On every channel, this was interpreted as if Bannon was endorsing racism, xenophobia and nativism. Naturally this was then reflected on Trump as part of the “Trump is a racist” Big Lie that Democrats and the news media push virtually every day.
Bannon has certainly made testaments at other times that raise a rebuttable presumption that he is a racist, but this wasn’t one of them, and the fact that so many journalists would intentionally represent the statement to the public as if it was tells us either that they can’t be trusted to analyze news events, or that they can be trusted to spin them to advance an anti-Trump narrative even when it defies language and reality. From NBC in a typical fake history description: “Bannon’s appearance in France was part of a European tour as he seeks an international platform for his closed-borders, anti-foreigner message that helped Donald Trump win the U.S. presidency.” Trump did not advocate “closed borders,” nor was his platform “anti-foriegner.” That was the dishonest characterization of “America should enforce its immigration laws” by Democrats and the allied news media.
The words Bannon referenced have been part of the ongoing efforts to silence and demonize legitimate positions that oppose progressive cant, such as condemning rather than welcoming illegal immigration. What Bannon was obviously saying —and I do mean obviously—is “Don’t let their reflex race-baiting and demonizing tactics discourage you or deter you. Calling sensible immigration laws “xenophobic” is a desperate lie. Calling it racist is a lie. Calling it nativist is a lie. Recognize that their tactics mean you are winning the argument. Be proud, not intimidated.”
The fact that many of those he was addressing may be racists, xenophobes and nativists doesn’t change the meaning of what Bannon said. The news media’s job is to report, not read minds.
I could imagine making the same kind of statement to a colleague who has been savaged as a racist on Facebook for opposing affirmative action, or attacked as a sexist for questioning #MeToo tactics, or called a “Trump apologist” (or a Bannon apologist) for demanding fair and honest treatment from the media for politicians regardless of who they are.“Be proud that they are stooping to name-calling. It means they can’t rebut you on the merits.”
“Yet for its advocates, the questionable veracity of the Russiagate story seems much less important than what has become its real purpose—elite virtue-signaling. Buy into a storyline that turns FBI and CIA bureaucrats and their hand-puppets in the press into heroes while legitimizing the use of a vast surveillance apparatus for partisan purposes, and you’re in. Dissent, and you’re out, or worse—you’re defending Trump…In other words, there’s the truth, and then there’s what’s even more important—sticking it to Trump. Choose wrong, even inadvertently, …no matter how many times you deplore Trump, and you’ll be labeled a Trumpkin.”
“What unites [critics of Russiagate on the Left and the Right] obviously isn’t politics—rather, it’s the recognition that the Russiagate campaign represents an attack on American political and social institutions, an attack on our liberties, an attack on us. Russiagate is a conspiracy theory, weaponized by political operatives, much of the press, as well as high-level intelligence and law enforcement bureaucrats to legitimize an American election and protect their own interests, which coincide with those of the country’s larger professional and bureaucratic elite.”
You might wonder why I chose to highlight the first quote rather than the second. The second tells me nothing I don’t know, or that readers of Ethics Alarms don’t know: I’ve made it a theme here since early in 2017. I learned something from the first quote, however. This is the phenomenon I have been experiencing on Facebook, where periodically pointing out unfair and intellectually dishonest attacks on President Trump and pointing out the news media’s horrific bias increasingly get me labelled as a Trump supporter, apologist or enabler. Meanwhile, I recently had a follow-up exchange with NPR over my objections to Prof. Butler’s “Oh, come on!” outburst when I was correctly pointing out what was ethically dubious about late accusations of sexual harassment against political figures. Oh, no, I was told. He wasn’t saying “Oh come on!” because I misrepresented sexual harassment law. He was saying that because he thought I was making excuses for Trump. Continue reading →
1 Good! Billy Williams, that Derry, N.H. Used Apple Store owner who announced that Republicans weren’t welcome in his store, was evicted from his space. For weeks, a sign in the window has said that the store would re-open after renovations, which Williams’ former landlord says is not true. Williams rented the commercial space for $2,000 per month and owed $15,110 after neglecting to pay rent for seven months.
Williams, you will recall, said that he infallibly could recognize Republicans. His Facebook post announcing the GOP ban described members of the political party as “almost evil, and to be honest, usually evil.” [Pointer: Arthur in Maine]
2. Recycling Deceit: In Atlanta’s Hartsfield-Jackson International Airport, I was intrigued yesterday by the cylindrical re-cycling receptacles that had two deposit holes, a circular one on one side, into which we were told to put cans and bottles, and a long rectangular slot on the other side, for newspapers and other paper refuse. I lifted off the top: sure enough, everything went into the same place, newspaper and cans alike. I don’t know what the term is for gratuitously demanding that the public do something pointless and trivial just to exert power, but this was it.
3. The problem with #MeToo. Commenting on yesterdays Comment of the Day, in which Carcarwhite wrote, while criticizing the #MeToo movement,
“I was kissed by Eddie Van Halen back stage in the 80’s, on the lips, a few times. He was tipsy and happy and took a selfie of us before seflies were selfies, and I’ve actually had friends on the Left tell me I should my story publicly. And they say I am ENABLING THIS BEHAVIOR by not going forward”
Commenting, Still Spartan said in part, “What you described is NOT “Me Too.” Just because some people take it too far, does not mean that it is not legitimate. Please take it from someone who had to leave a job and have her career derailed for multiple years because of this crap. It happens, and it happens every damn day.” Continue reading →
[I’m in an Atlanta hotel, waiting for breakfast and needing to re-arrange my notes for a legal ethics and technology seminar later this morning. No time before the knock on the door to get the Warm-up going, but at least I can add one of the several Comments of the Day stuck on the runway, just like my plane was last night in D.C….]
Carcarwhite takes another step in our ongoing exploration of the confusing “it’s sexual harassment if the woman doesn’t like the unrequested sexual advance, it’s not if she does,but if she changes her mind over tbe next several decades or so she can rewrite history and maybe wreck a career or reputation” standard that has been on vivid display since the unveiling of The Harvey Weinstein Ethics Train Wreck.
I’m horrified at many of my gender who are crying for equal rights and then act like little whiny babies.
We want equality but we can’t pay 15 a month for our own birth control. We want equal this and equal that then we use (some of us) the flavor of the week to plead our victim case. Hurting our fellow citizens male and female because of this.
I was kissed by Eddie Van Halen back stage in the 80’s, on the lips, a few times. He was tipsy and happy and took a selfie of us before seflies were selfies, and I’ve actually had friends on the Left tell me I should my story publicly. And they say I am ENABLING THIS BEHAVIOR by not going forward! This is laughable. Continue reading →
While the Alamo was under siege, the provisional Texas government organized at Washington-on-the-Brazos. On March 2, the convention declared independence and the Republic of Texas was born, at least on paper. The Alamo’s garrison showed its support for independence from Mexico by sending its own delegates to the convention.While they were unaware that Texas had declared independence, the roughly 200 Alamo defenders stayed at their post waiting on help from the settlements. Among them were lawyers, doctors, farmers and a former congressman and famous frontiersman from Tennessee named David Crockett. While the youngest was 16 and the oldest defender was Gordon C. Jennings, age 56, most defenders were in their twenties. Most were Anglo, but there were a handful of native Tejano defenders as well. Legendary knife fighter and land speculator James Bowie was in command before falling ill and sharing duties with Travis. Several women and children were inside the Alamo, including 15-month-old Angelina Dickinson. Just before the final battle, Travis placed his ring around her neck, knowing she would likely be spared. One of the last messages from the Alamo was a note from Travis asking friends to take care of his young son Charles.
The final attack came before dawn on March 6, 1836. As Mexican troops charged toward the Alamo in the pre-dawn darkness, defenders rushed to the walls and fired into the darkness. Travis raced to the north wall but was soon killed. Bowie was most likely killed in his bed, while reports differ as to Crockett’s death. Many believe Crockett survived the initial attack but was put to death by Mexican soldiers soon afterward.
Mexican soldiers breached the north wall and flooded into the compound. The fierce battle centered on the old church, where defenders made a last stand.
BEXAR, Texas, March 6, 1836 — Alas, alas! Forever more, the name of the Alamo shall stand alongside that of Thermopylae in the annals of history as a tale of unmatched bravery to be handed down from generation to generation.
The bastion of Texas Liberty has fallen, and to a man, Lt. Col. William Travis and his fellow defenders — like the immortal 300 Spartans — have been martyred.
After withstanding an unrelenting siege of twelve days’ duration by one of the mightiest armies ever assembled on this continent, the walls of the old mission that had housed Travis (a man as brave as the fabled King Leonidas), Col. James Bowie, the Hon. David Crockett and some 200 other defenders were breached before the sun rose to-day.
Savagery was unleashed therein as a juggernaut orchestrated by the modern-day Xerxes, Mexican Gen. Antonio López de Santa Anna, swept over the Alamo….
Since I was a small boy, this episode in American history moved me more than any other. It still does. I first learned about the Alamo when I watched Fess Parker as Davy Crocket, swinging his rifle like a baseball bat at Mexiacn skulls, the last man standing as behind him we could see more of Santa Anna’s soldiers pouring over the wall. We never saw Davy fall—my dad explained that this was appropriate, since nobody is sure how or when he died, unlike Travis and Bowie, and the last verse of the Ballad of Davy Crocket played…
His land is biggest an’ his land is best from grassy plains to the mountain crest He’s ahead of us all meetin’ the test followin’ his legend into the West Davy, Davy Crockett, king of the wild frontier!
The politics and complexities of the Texas war of independence don’t alter the essential facts: a group of men of different backgrounds, under the command of three prototypical American figures—the pioneer (Crocket), the settler (Bowie), and the law-maker (Travis), all of whom were trying to recover from dark periods in their lives—chose to make the ultimate sacrifice for a cause they believed in fervently enough to die for, in the company of others who felt the same. It was, after all, the perfect ethical dilemma, the choice between an ethical act for the benefit of society and a non-ethical consideration, the most basic one of all: staying alive. They all had the same choice, and rejected life for a principle.
That’s what I remember about the Alamo.
2. There is hope. Once again, I gave a 90 minute presentation to a Boy Scout troop and parents last night, and challenged them this time with several hypotheticals that Ethics Alarms readers would recognize, such as this one, the plight of Ryan Seacrest and those who snubbed him on the red carpet, the “Mrs. Miniver” flower show, and this one, from personal experience, which set off the most lively debate of all:
The Option
Your professional theater company has limited funds, so it offers its actors an option. They may choose a flat fee for their roles, or get a percentage of the show’s profits, if there are any, on top of a much smaller base fee.
The company just completed an extremely profitable production, the biggest hit your theater has ever had. Nine of the show’s ten cast members chose the percentage of profits option, a gamble, because most of the shows lose money. One, the star, who you know could not afford to gamble, took the flat fee for the role. After the accounting for the production is complete, you realize that every member of the cast will make $1000 more than the star, because of the show’s profits.
Question 1: What do you do?
Give him the extra $1000. It’s only fair.
Pay him the flat fee. A deal’s a deal.
You can weigh in:
Question 2: You remount the production, and the exact same thing happens. The actor chooses the flat fee, the show is again a huge money-maker,,and the rest of the cast will make much more than him because they chose the percentage. Do you give him the extra amount again?
No. Now he’s taking advantage of me.
Yes. Nothing has changed.
As before, the approximately 50 11- and 12-year old boys were astute, serious, thoughtful, and gutsy, and their ethical instincts were superb. Continue reading →
1 Let’s get the Oscars out of the way. I didn’t watch, choosing instead to finish streaming Netflix’s excellent “Seven Seconds.” I have skimmed the transcript and checked the reporting, however, and these items leap out..
On the “red carpet,” Ryan Seacrest was snubbed by the majority of the stars he tried to chat with them. Seacrest was accused of sexual harassment by his ex-personal hair stylist last year. His employer hired an independent counsel to investigate, and could not confirm her allegations, so he kept his job.Never mind: he was snubbed like a leprous skunk at a picnic anyway.
This is a flagrant Golden Rule fail. Not one of the over twenty stars who walked by him while he was trying to do his job would feel fairly treated if they had been in his position. It also is as perfect and example as there is of how the #MeToo movement is a witch hunt, not interested in facts, or fairness, just power and the ability to destroy without due process.
If I was going to watch the Oscars, the treatment of Seacrest in the pre-show would have changed my mind. These are awful people. To hell with them.
The disgusting and smug Jimmy Kimmel hosted, because he’s “America’s Conscience of America” despite seeking ratings by encouraging parents to be cruel to their own children for his amusement.
He began the night with a penis joke.
As I noted in yesterday’s Warm-Up, the Oscars are now part of the effort to divide the nation. Bigotry is good, as long as it’s trendy bigotry:
…Presenting the best director award, Emma Stone introduced the nominees as “these four men and Greta Gerwig.” Nice. Misandry is funny! (Gerwig lost. GOOD.)
…Maya Rudolph assured the presumably racist white viewers, “Don’t worry, there are so many more white people to come.” Bite me, Maya.
In the past I have devoted whole posts to the Academy’s snubs in its “In Memoriam” segment, which is supposedly Hollywood’s final salute to film artists who made their final exits. At this point, I really don’t care what the Academy does, but the loved ones and fans of the snubees care, and that should matter to the Academy. Here is the complete list of omissions that at least someone has complained about. I’ve highlighted the ones who really should have been included:
The names fall into five categories. Bill Paxton is in one of his own: he was left out of the list due to a silly technicality: he died right before last year’s Oscars, so it was too late to include him in 2017, and some jerk decided that since he was a 2017 death, he couldn’t be honored this year either. The second category is flat-out mistakes: Dorothy Malone won a Best Actress Oscar; if that isn’t enough to be listed, what is? Director Tobe Hooper was responsible for a film that revolutionized horror movies, “The Texas Chain-Saw Massacre,” and also directed “Poltergeist.” He was an important director. When two of your films launched sequels, remakes, sequels to remakes, and endless knock-offs, Hollywood should show some respect: it made millions because of Tobe Hooper.
Category 3: John Hillerman and Powers Boothe were successful and prolific film actors in some major movies, though both are remembered best for their TV work. There is no good argument for omitting them. In the fourth category are TV actors who made a few mostly forgettable films: West, Jeffreys, Merrill, Ferrer and Hardin. I can see the argument: they will be honored at the Emmys.
Stephen Furst deserves a category all his own. He played a memorable character in a classic, iconic film: “Flounder” in “Animal House.” That should have been enough to earn a place in the roll call.
1 One more institution falls to partisan poisoning. Tonight is the Academy Awards show, and outside of some suspense as to whether Warren Beatty and Faye Dunaway will botch the Best Picture reveal again (whoever had the idea to have them do an encore of their legendary fail is brilliant), I cannot imagine why anyone would waste their time and raise their blood pressure watching the show. I used to love the Oscars because I love movies. Except for periodic embarrassments where infamous jerks like Marlon Brando and Richard Gere defiantly injected politics into the party, it was fun, if usually too long. Now the show is just a platform for presumptuous performers to parade their ignorance and egos, virtue-signalling, grandstanding, lobbying and politicking. At this they are no better, and often worse, than plumbers, teachers and mail-carriers. What they are good at is looking good and making movies, and in most cases, not much else, including critical thought.
I watched a recent interview in which outspoken actress Jennifer Lawrence became visibly uncomfortable when she had to admit that she dropped out of middle school. It’s obvious that Lawrence is intelligent (she is also the most exciting and talented young actress to come along in a long, long time), but all of her noisy opinions are based on gut instincts. She is untrained and not very grounded in history, law or government: there is no reason for her opinions on politics or finance to be newsworthy. This is also true of her colleagues. Yet we have been informed that tonight will be “about” sexual abuse and gun control, so we will have to endure periodic outbursts all night long about “Time’s Up” and “Never Again.” There are side political controversies, like whether or not “woke” stars like Lawrence will snub E! red carpet host Ryan Seacrest because he has been accused of sexual misconduct by a former stylist. Never mind that Seacrest may be innocent, or that she decided to reinterpret what happened in order to join the #MeToo club. (“Oh come on!”)
In the most bitter and divisive political climate in more than a century, institutions like Hollywood have a duty to unite us and emphasize what we have in common, which is a lot. The Oscars and the industry has abandoned that mission. Let them suffer the consequences.
2. The return of “Death Wish.” Critics are already panning Bruce Willis’ “Death Wish” remake, which has 12 percent “Rotten” at RottenTomatoes.com. Just from the trailer, it is pretty clear that this reboot has to be much better than the incredibly successful original and its progressively worse sequels. Here are some typical critic rants: Continue reading →