fairness

Did Apple Kill The Little Girl?

/ Jack Marshall / 34 Comments

driving_-selfie-car

A Christmas Eve tragedy from 2014 has sparked another ethically provocative lawsuit.

James and Bethany Modisette were driving through Denton County, Texas, on the evening of December 24, 2014, when they had to stop their car due to a traffic incident ahead of them on the Interstate. Their children, Isabella, 8, and Moriah, 5, were in the back seat, Everyone in the vehicle had a seat belt fastened.

Meanwhile, Garrett Wilhelm, idiot, was chatting away on his phone using the FaceTime app, and didn’t notice that the traffic ahead of him was stopped. His car rear-ended the Modisettes’ vehicle at 65 mph. Little Moriah was killed.

Now the Modisettes have filed a lawsuit against Apple, the maker of the app and the iPhone it was used with, citing a “failure to install and implement the safer, alternative design … to ‘lock out’ the ability of drivers to utilize the FaceTime application.” In the suit, the parents claim the company didn’t warn FaceTime users like Wilhelm that “the product was likely to be dangerous when used or misused in a reasonably foreseeable manner.” Continue reading →

From The “Law vs. Ethics” Files: A Westin Hotel Comes To The Nuisance

/ Jack Marshall / 24 Comments
nookwestin

The photo says it all.

In Austin Texas, Westin  opened a large hotel next to the Nook Amphitheater, which is famous venue for live music in a city with a strong music culture  Westin is now suing the Nook because its music is disturbing the guests. The complaint states that the Nook plays “chest thumping bass” seven nights a week until 2 a.m. making some rooms uninhabitable.and thus harming the hotel’s business.

Law professor and invaluable ethics story source Jonathan Turley notes that the case recalls the now defunct “coming to the nuisance” doctrine.  The defendant in such a case once could move to dismiss a nuisance claim on grounds that the plaintiff moved next door only to challenge the activities, business and even the existence of it neighbor in court.  Turley writes,

The doctrine originated in early common law with cases like Rex v. Cross, 172 Eng. Rep. 219 (1826).  The Court held:

“if a certain noxious trade is already established in a place remote from habitations and public roads, and persons afterwards come and build houses within the reach of its noxious effects; or if a public road be made so near to it that the carrying on of the trade becomes a nuisance to the persons using the road; in those cases the party would be entitled to continue his trade, because his trade was legal before the erection of the houses in the one case, and the making of the road in the other.”

American courts found the doctrine to hinder growth and work against the common good, particularly as populations in cities expanded into rural areas.  

But, Turley explains, even in the absence of the “coming to the nuisance” defense, defendants have had some support from the courts: Continue reading →

Ethics Hero: Humorist Dave Barry

/ Jack Marshall / 21 Comments

dave-barry-2016

Humorist Dave Barry managed to find sufficient humor in 2016 to write his annual satirical year-end review and not fail to reach the high standards he has set for himself in this endeavor for about four decades. That would be justification enough for making the 69-year-old writer 2017’s first ethics hero, but there is more.

Most striking, perhaps, is that the column is both funny and fair. Unlike virtual all topical satire today, it does not take sides, nor show partisan bias. Some of this may be related to the fact that Barry is a self-proclaimed libertarian (perhaps explaining why his long piece did not exploit the humor potential in the campaign of the ridiculous Gary Johnson, or even more, surprising, the fat naked guy running around the podium at the Libertarian convention), but most of it springs from his possession of basic integrity as well as an impressive absence of bias. This distinguishes Dave Barry from such alleged comics and satirists as Samantha Bee, Jon Stewart, Jimmy Kimmel, Stephen Colbert, Amy Shumer, Chelsea Handler, Chris Rock, Seth Myers, Sarah Silverman, Bill Maher, John Oliver, Larry Wilmore, Trevor Noah, and the Saturday Night Live writers, all of whose point of view can be fairly summarized as the belief that if a Democrat, progressive or President Obama has ever done anything foolish or ridiculous, there’s probably a good reason for it.

This remarkable trait, now almost extinct but once known as “an open mind,” allows Barry to write such passages as..

And we voters did our part, passing judgment on the candidates, thinning the herd, rejecting them one by one. Sometimes we had to reject them more than once; John Kasich didn’t get the message until his own staff felled him with tranquilizer darts. But eventually we eliminated the contenders whom we considered to be unqualified or disagreeable, whittling our choices down until only two major candidates were left. And out of all the possibilities, the two that We, the People, in our collective wisdom, deemed worthy of competing for the most important job on Earth, turned out to be …

… drum roll …

… the most flawed, sketchy and generally disliked duo of presidential candidates ever!

Yes. After all that, the American people, looking for a leader, ended up with a choice between ointment and suppository…

and Continue reading →

“Is It Possible To Address A Race-Related Problem Without Being Attacked As Racist?” And Other Reflections On The Holiday Mall Brawls

/ Jack Marshall / 11 Comments

mall-violence

On the City Journal website, Heather Mac Donald of the Manhattan Institute writes in part,

Judging by video evidence, the participants in the violent mall brawls over the Christmas weekend were overwhelmingly black teens, though white teens were also involved. The media have assiduously ignored this fact, of course, as they have for previous violent flash mob episodes. That disproportion has significance for the next administration’s school-discipline policies, however. If Donald Trump wants to make schools safe again, he must rescind the Obama administration’s diktats regarding classroom discipline, which are based on a fantasy version of reality that is having serious real-world consequences.

The Obama Justice and Education Departments have strong-armed schools across the country to all but eliminate the suspension and expulsion of insubordinate students. The reason? Because black students are disciplined at higher rates than whites. According to Washington bureaucrats, such disproportionate suspensions can mean only one thing: teachers and administrators are racist. The Obama administration rejects the proposition that black students are more likely to assault teachers or fight with other students in class. The so-called “school to prison” pipeline is a function of bias, not of behavior, they say.

This week’s mall violence, which injured several police and security officers, is just the latest piece of evidence for how counterfactual that credo is.  A routine complaint in police-community meetings in minority areas is that large groups of teens are fighting on corners…The idea that such street behavior does not have a classroom counterpart is ludicrous. Black males between the ages of 14 and 17 commit homicide at ten times the rate of white and Hispanic males of the same age. The lack of socialization that produces such a vast disparity in murder rates, as well as less lethal street violence, inevitably will show up in classroom behavior….School officials in urban areas across the country set up security corridors manned by police officers at school dismissal times to avoid gang shootings. And yet, the Obama administration would have us believe that in the classroom, black students are no more likely to disrupt order than white students.

The entire essay is here.

Observations: Continue reading →

UPDATE: Cyber-Zombie Peter Cushing And The Prospect Of Cyber-Zombie Carrie Fisher Remind Actors To Fight For Control Of Their Post-Mortem Acting Career

/ Jack Marshall / 11 Comments

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It looks like I wasn’t the only one who felt that Peter Cushing was being abused by finding himself in “Rogue One” without his prior consent. Of the late actor being digitally inserted into a role he never agreed to play and deliver lines he never contracted to deliver, I wrote…

The emerging technology raises many ethical issues that didn’t have to be considered before, but when it comes to using a dead actor in a new role, the ethics verdict should be easy. It’s unethical, unless a performer  gives informed consent for his image to be used post mortem in this fashion. Presumably, the consent or the lack of it will be part of future negotiations and standard contracts. Actors who agree to have their images used as cyberslaves will also probably want to limit the uses of their names and images.

Cushing’s exploitation and the subsequent death of Carrie Fisher with widespread speculation that she would soon be added to the “Star Wars” franchise’s army of CGI clones have now sounded the alarm loudly. But apparently many actors were already aware of the threat, and taking affirmative action to control their destinies. Continue reading →

“Rogue One” Ethics: Peter Cushing Returns From The Grave

/ Jack Marshall / 119 Comments
He's baaaaack!

He’s baaaaack!

Hammer Films horror icon and Christopher Lee foil Peter Cushing died in 1994 from prostate cancer. That couldn’t stop the makers of the latest “Star Wars” movie from bringing his image back from the grave.  The gaunt-faced British actor—an early “Doctor Who”!—played Grand Moff Tarkin in the original “Star Wars,” a bad guy, Cushing’s specialty. Since “Rogue One,” the current addition to the series, is a prequel, Tarkin is alive again (he went down with the Death Star in Episode IV). Instead of recasting the part, the producers decided to recreate Tarkin/Cushing using CGI technology. Lucasfilm-owned digital effects house Industrial Light & Magic reanimated Cushing’s likeness so that a recognizable Tarkin could make a convincing  appearance in “Rogue One.” The results are not perfect, but it is still one step closer to allowing future movies to cast avatars of long dead stars to interact seamlessly with live performers.

We have recently seen actors like Arnold Schwarzenegger, Jeff Bridges and Anthony Hopkins digitally youthened, but forcing a dead actor’s image to perform is a different matter entirely. The use of computer animated images of dead performers to do the bidding of their director masters evokes memories of “Looker,” a science fiction film directed and written by the late Michael Crichton of “Jurassic Park” and “Westworld” fame. In that 1981 movie, a corporation transferred the images of living models to a computer program that could use the new cyber-models to do and say anything more effectively and attractively than the models themselves in television ads. Then the company had the models killed—less residuals that way.

The emerging technology raises many ethical issues that didn’t have to be considered before, but when it comes to using a dead actor in a new role, the ethics verdict should be easy. It’s unethical, unless a performer  gives informed consent for his image to be used post mortem in this fashion. Presumably, the consent or the lack of it will be part of future negotiations and standard contracts. Actors who agree to have their images used as cyberslaves will also probably want to limit the uses of their names and images. No porn films, for example. No uses of an actor in a role he would have never agreed to playing while alive. Don’t make John Wayne shoot someone in the back. Don’t show Fred Astaire as clumsy on his feet; don’t make Jimmy Cagney a weenie.

Allowing another actor to use a dead one’s face and body, like Andy Serkis wore his cyber King King suit, is a closer call. If it is clear that the dead actor isn’t the one doing the acting, and that digital technology is being used as the equivalent of make-up, maybe that practice is just icky rather than unethical, provided the credits are clear.To make Cushing’s Tarkin live again on screen, “Rogue One’s “film-makers hired Guy Henry, a 56-year-old British actor who resembles Cushing. Henry played the part of Tarkin on the set, then the tech wizards transformed him into a Cushing clone. Continue reading →

The New York Times, And The Consequences Of Forfeiting Integrity

/ Jack Marshall / 20 Comments
It was between Janus and the Four Season's song. "Two Faces Have I..."

It was between Janus and the Lou Christie song “Two Faces Have I…”

It would be extremely beneficial for the culture and enlightened civic discourse if there were a trustworthy, reliably objective observer with integrity and intelligence to provide fair, forceful pronouncements on the political controversies of the day. Such an observer would have to be seen as free of partisan and ideological bias, or at least show signs of actively trying to counter their effects. This, of course, is the idealized concept of what competent and ethical journalism is supposed to provide, and to the extent that any journalism organization was deemed capable of providing it, the New York Times was it.

Yesterday, the Times editors published an editorial called “The Stolen Supreme Court Seat” that was so partisan in tone and inflammatory, not to mention ridiculous, in content that it could only be taken as a biased political screed. Worse than that for the long term, however, is that the piece decisively disqualifies the Times as an arbiter of complex national issues whose judgment can ever be trusted as genuine and persuasive.  Many will argue that the Times’ biases have been blatant and unrestrained for many years, and this is true. That New York Times editorial may not be the first smoking gun, but it is the smokiest yet.

Do recall that Ethics Alarms substantially agreed with the Times in its main point that the Republican Senate’s refusal to hold hearings and consider President Obama’s nomination of federal judge Merrick Garland to fill the Supreme Court seat vacated last year with the sudden death of Justice Scalia was unethical:

“For Senate Republicans, holding hearings on President Obama’s qualified and moderate nomination for the Supreme Court is both the ethical course and the politically smart course. It is also in the best interests of the nation. In fact, the Byzantine political maneuverings by the President and the Republican leadership, by turns petty and ingenious, have handed Republicans a political chess victory, if only they are smart enough, responsible enough, and patriotic enough to grab it. Naturally, they aren’t.”

Note: unethical, but not illegal or unconstitutional. By using the inflammatory term “stolen” implying legal wrong doing, the Times intentionally adopted the language of political hacker, and Democratic Party talking points. Strike One: You cannot be trusted as objective and non-partisan when you intentionally endorse partisan rhetoric: Continue reading →

Comment Of The Day: “Late Nominations For 2016 Jerk Of The Year: Lena Dunham And Daniel Goldstein, Ivanka’s Jet Blue Harasser”

/ Jack Marshall / 8 Comments

 

Bill Maher, role model...

Bill Maher, role model…

Steve-O-in-NJ‘s reaction to the JetBlue flight harassment of Ivanka Trump by a lawyer could just as easily been written as a comment on this Ethics Alarms post, from shortly after the election, which began..

I have to adapt, with acknowledgement, a long-running gag wielded by Prof. Glenn Reynolds on his iconic conservative website Instapundit thus:

“I wrote if Donald Trump was elected President, we’d have a nation of assholes, and I was RIGHT!”

The problem is that the joke isn’t funny in this case. It’s tragic. What I am seeing in the news, watching on social media and reading on the web and in editorial pages shows me that the last eight years have done even more damage to American unity and ethics than I had realized.

Here is Steve-O-in-NJ‘s Comment of the Day on the post, “Late Nominations For 2016 Jerk Of The Year: Lena Dunham And Daniel Goldstein, Ivanka’s Jet Blue Harasser,” and I’ll have a few comments at the end:

The left seems to be perfectly ok with raising jerkiness to a profession – I decline to call it an art form. I’ll be the first to admit sometimes I don’t use my brain and turn to vicious attacks. Jack was absolutely right that I am not helping myself in my lucid moments when I do that, and, in all fairness, he isn’t the first. Actually a judge here in NJ has seen both sides of me, and said to me once, in a rare ex parte discussion (as part of a “breakout” settlement conference) that “there are two of you, apparently, the thinking Steve and the angry Steve. I would request that only the thinking Steve appear here.” I’d also say that some other people here aren’t helping themselves with the same approach, BUT, that’s for Jack to say more about.

There are plenty of scholars and pundits on both sides politically, and they are of varying quality, from the very erudite to the not much more than trash talkers. Most of us, when we are in our thinking mode, can tell the one from the other, and would place more value on Victor Davis Hanson’s perhaps overly sonorous pronouncements than on Michelle Malkin’s near-rants, and more value on Alan Dershowitz’s legal analysis than on Jonathan Alterman’s self-important poking.

Continue reading →

Late Nominations For 2016 Jerk Of The Year: Lena Dunham And Daniel Goldstein, Ivanka’s Jet Blue Harasser

/ Jack Marshall / 75 Comments

jet-blue-tweet

I’m pretty sure the Ethics Alarms 2016 Jerk of the Year Award was locked up a while ago, but two new challengers for the title at least strengthen the field:

1. Daniel Goldstein, attorney

Goldstein, in the cabin of a JetBlue flight on which Donald Trump’s daughter, Ivanka, was also a passenger, verbally accosted the soon-to-be First Daughter before take-off. Holding a child in his arms, the New York lawyer started shouting, “Your father is ruining the country!” Then he asked, “Why is she on our flight? She should be flying private!”

Ivanka, who had her own kids in tow, tried to ignore him and attend to her family until he was removed from the flight by JetBlue personnel. “You’re kicking me off for expressing my opinion?” he yelled as he was led off the plane.

What a rude and obnoxious jerk.

Other observations: Continue reading →

Yes, Poker Champ Phil Ivey Cheated, Even If He Didn’t Think He Did

/ Jack Marshall / 24 Comments

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Phil Ivey is known as one of the best all-around professional card players in the world, in part because he notices things that other players, even great ones, may not. While playing baccarat at the Borgata Casino in Atlantic City in 2012, Ivey and a friend noticed  inconsistencies on the back of the cards that allowed him to read some of them as if they were marked. He even asked the dealer to position the cards so he could see them better, as in “see what nobody else noticed, giving him an unfair advantage.” Some advantage: he and his associate, Cheng Yin Sun, won $9.6 million at baccarat over four visits to the casino, then won an additional $504,000 betting their winning at the  craps table.

A federal judge has now ruled that the two must repay the $10 million. What they did is called “edge-sorting,” and it is considered cheating, though technically the ruling was that Ivey and Sun breached their contract with the casino.

In baccarat, players bet on the relative value of two hands of two cards each before the hands are dealt or the cards are revealed. The game is  played with six or eight decks of cards placed into a dealing “shoe,” and the object is to bet on the hand that will have a total value closest to nine. If a player knows the value of the first card in the shoe before it’s dealt, the player has a significant advantage over the house. Borgata accused Ivey and Sun of exploiting defects in playing cards manufactured by Gemaco Inc. that were not cut symmetrically during the manufacturing process, so Ivey and Sun were able to spot the manufacturing defects and  read the “marked”  cards without actually touching or defacing them themselves. The New Jersey Casino Controls Act requires that all casino games offer “fair odds to both sides.”  Without intending to or knowing, the casino was creating unfair odds against itself, and these two players made out like bandits as a result.

Ivey’s lawyer argued in a court filing that since his client never touched the cards, his advantage was like the casino trying to distract players with “free alcohol served by only the most curvaceous and voluptuous females in the industry.” Continue reading →