incompetence

Morning Ethics Warm-Up, 2/9/2018: Post 2016 Election Ethics Train Wreck Update Edition. Sorry.

/ Jack Marshall / 51 Comments

 

Good Morning.

I don’t say “I told you so” as often as I could or would like to. One continuing theme at Ethics Alarms since the 2016 election that drove progressives mad has been the accusation leveled at me that I have been under-emphasizing the existentially perilous character and conduct of the President while concentrating too much on the conduct of his critics. My answer has been that I believe that the reaction of progressives, Democrats and the news media to President Trump’s election has been, by far, the most disturbing ethics story of the past year, and in historical context one of the most serious and dangerous periods in U.S. history. That conclusion has been reinforced as the year progressed. I was and am right.

None of that makes the ethical conduct of the Trump Presidency any better than it is; as I made clear in last year’s ethics audit,  he has largely behaved as I expected he would when I declared him, over and over again, unfit and unqualified. However, if our institutions and the public’s trust in them remain as strong as they have through-out U.S. history, a single odd-ball President, even for two terms, will not do irreparable damage. What the resistance and its allies in the Democratic Party and the news media are doing, however, threatens to wreck many of those institutions and tear down public trust to a point of no return. That’s my professional assessment. It is not one based on partisan politics or ideology, but on American history, cultural history, and ethics.

1 Fake news and fake history. I knew it was manufactured nonsense when my Facebook friends, Democrats, pundits and the mainstream news media began once again screaming “Fascist!” and claiming that the President’s expressed desire for a major military parade was a terrifying departure from American tradition. I knew a little research would prove it so, but then, I thought, surely some news source would have the integrity to do its job, and some “nationally recognized historian,” like go-to Democratic shills like CNN’s Douglas Brinkley, would set the record straight. Why should I have to do the work for free that these people are paid handsome fees to do, and have a duty to do besides?

Yet few corrections from these supposedly objective sources were registered while Rep. Adam Smith (D-CA) said, “A military parade of this kind would also be a departure from the values of our constitutional democracy,” and Rep, Ted Lieu (D-CA) sneered, “Because authoritarian regimes like Russia and North Korea hold massive military parades does not mean that we must as well. Politico headlined, “Trump’s Military Parade Draws Bipartisan Rebuke.” The Washington Post told readers,  “Military Parades Are About Ego and Power. Of Course Trump Wants One.”  Normally reasonable bloggers were similarly triggered, like Prof. Jonathan Turley, who wrote, “The United States has long rejected the holding of military parades featuring tanks, missiles and other heavy weapons as a symbol of authoritarian regimes like the Soviet Union, North Korea and other countries.”

I guess this depends on what one’s definition of “long” is. Such parades have been out of style since the Vietnam War caused much of the public and the political class to turn against the military, though politicians still give deceit-laden lip-service to “supporting the troops,” just not what they do. Military parades featuring heavy weaponry were not uncommon between the end of the Civil War in 1865 through 1961 during the peak of the Cold War, when it was arguably strategically beneficial to remind the USSR that if it was going to bury us, there would be a fight.  Many of these parades, in 1919, 1942, 1946, 1953, 1957, 1961, and as recently as 1991, featured tanks, missiles, and sometimes many thousands of troops  Let’s see: that’s Presidents Wilson, Roosevelt, Truman, Eisenhower, Kennedy, and George H.W. Bush…Hitlers all. That there is Chuck Schumer, a leader of the party having the vapors over the President’s suggestion, saying this: Continue reading →

From The Scary Tales Of The Cognitive Dissonance Scale Files: The Ram Trucks Super Bowl Commercial

/ Jack Marshall / 17 Comments

Perhaps more than any other field of endeavor, advertising depends on the Secret of the Cognitive Dissonance Scale. But the scale abused is a jealous and angry mistress, as Chrysler/ Fiat discovered when its Super Bowl for Ram Trucks turned into a public relations disaster.

It must have seemed so simple! Brainstorming about how to promote Ram Trucks while appealing to a divided the country during the iconic NFL game, after a year in which pro football in particular was torn by strife over players, mostly black, kneeling during the National Anthem to protest something or other, depending on which helmeted social justice warrior you asked, some rising, present-day Mad Man, cynical to the core, drew Dr. Festinger’s scale on a white board as he shouted, “Eureka!”

“It’s perfect!” the fuzzy cheeked, rising young advertising genius cried, marking the diagram with the red marker. “I know how we drag our truck up the scale!”

“Ram is a powerful truck and a symbol of toxic manhood, when everyone’s talking about how men, and especially white men, are the source of all that’s rotten in Denmark! Well, not Denmark, but here. You know what I mean. Anyway, for some of our clients we’ve been using little, scrawny, androgynous guys as spokesmen, like the geek Lou dreamed up for Petsmart.

 

He’s not scary, and you know he must be a Hillary voter. But come on: this dork probably drives a Smartcar. We can’t use someone like him to promote a truck. No, Fred, we can’t use a sexy female model, either, like we used to. Sexy models are now below zero on the scale. They’d pull our trucks DOWN. Oh, a lot of men would still secretly love this stuff like we used to do,

but now  their girl friends or wives or daughters would glare at them, and getting flack from women in the family is LOW on the scale. So sex is out. Sorry.

Now, the Petsmart geek does have a dog with him. Dogs are high on the scale, as we all know: Ralph, you were the one came up the ad with the Golden Retriever driving the Subaru, right?

 

Gold! But come on: kids and dogs have been done to death in Super Bowl ads. There will probably be all sorts of cute dog ads during the Super Bowl; there always are. [ Actually, there weren’t…]  So think: we want a man’s voice, a manly man, but one that doesn’t scream white male patriarchy or Harvey Weinstein.  We want someone the fans of those National Anthem protests and Black Lives Matter will have high on their Cognitive Dissonance Scale, so associating Ram Trucks with him will yank the trucks right up. We also want someone  the fans who were getting sick of political grandstanding when they wanted to watch a football game also admire, someone who knew how and why to protest. And, at the same time, we want Ram to look socially conscious—you know, “woke.”

One figure, and only one, will do all that, from a position so high on the scale that we can’t lose! Martin Luther King! Heck, all of those blue collar workers just got a day off because of the guy; it’s fresh on their minds. They love him! A day-off pulls MLK right up the scale himself!

And look: I did some googling, and found this from some speech he gave: “If you want to be important, wonderful. If you want to be recognized, wonderful. If you want to be great, wonderful. But recognize that he who is greatest among you shall be your servant. That’s a new definition of greatness. … By giving that definition of greatness, it means that everybody can be great. … You don’t have to know about Plato and Aristotle to serve. You don’t have to know the theory of relativity to serve. You don’t have to know the second theory of thermodynamics in physics to serve. You only need a heart full of grace, a soul generated by love.”

Great stuff, right? There’s “greatness: for the MAGA crowd, and “love,” which is Scale magic, and we can fill the ad with heartwarming scenes—with kids!

—all leading up to our Dodge Trucks theme, ‘Ram trucks are built to serve‘!”

The cheering in the meeting room was deafening.

Morons.

Today, that once rising ad exec starts his new job at Taco Bell.

Martin Luther King didn’t pull Dodge Trucks up the scale. Cynical exploitation of a civil rights icon and turning a black martyr into Morgan Freeman’s competition as a rival pitch man (Morgan was doing Mountain Dew) is so low on the Cognitive Dissonance Scale that it pulled the product’s rating right through the floor.

This is rank incompetence. If you are going to try to exploit the image and words of a dead hero, at least learn something about him. At the time of his death, King was getting ready to make a push for socialist reforms, which meant attacking capitalism. You also should read the whole speech you are cherry picking from; you can bet someone else will. Here’s a section from that same speech:

“…we are so often taken by advertisers. You know, those gentlemen of massive verbal persuasion. And they have a way of saying things to you that kind of gets you into buying. In order to be a man of distinction, you must drink this whiskey. In order to make your neighbors envious, you must drive this type of car. In order to be lovely to love you must wear this kind of lipstick or this kind of perfume. And you know, before you know it, you’re just buying that stuff. … I got to drive this car because it’s something about this car that makes my car a little better than my neighbor’s car. … I am sad to say that the nation in which we live is the supreme culprit. And I’m going to continue to say it to America.”

This means that using King’s voice and words to appear to endorse a truck ad seen by millions is a lie.

The King family’s greed and poor stewardship of King’s image also shares some of the blame for the fiasco. The King Center quickly went on  Twitter to say that neither the organization nor the Rev. Bernice King, one of Dr. King’s daughters, was responsible for approving the offensive Super Bowl commercial. That’s not exactly true. Eric D. Tidwell, the managing director of Intellectual Properties Management, the licenser for the estate, said that Ram, as it must, came to them for permission to use King’s name, voice and words. “Once the final creative was presented for approval, it was reviewed to ensure it met our standard integrity clearances,” he said in a statement. “We found that the overall message of the ad embodied Dr. King’s philosophy that true greatness is achieved by serving others.”

Obviously the King family did not take proper steps to ensure that those who handle the family profit center depending on commercial uses of Dr. King’s legacy understand the difference between embodying Dr. King’s philosophy and cynically distorting it to sell stuff. Intellectual Properties Management is paid to take the PR hit, but I’d be willing to bet that such a high profile use of King was approved by the family itself. After all, King isn’t pulled down the scale by a foolish commercial. The controversy might even help King’s image, by sending people to read the speech. Maybe the King family knew the commercial would burn Ram, but was willing to take their fee and watch the fun, as the Cognitive Dissonance Scale wreaked its terrible vengeance on those who would abuse its power.

Comment Of The Day: “Wait, WHAT? NOW They Tell There Are “Two Big Flaws” in Every Computer?”

/ Jack Marshall / 5 Comments

The comments on this post about the sudden discovery that every computer extant was vulnerable to hacking thanks to two 20-year-old “flaws” were so detailed, informative and excellent that I had the unenviable choice of posting one representative Comment of the Day, or eight. Having just posted eight COTDs on another post last weekend, I opted for one, but anyone interested in the topic—or in need of education about the issues involved— should go to the original post and read all the comments. Forget the post itself—the comments are better.

Here is Extradimensional Cephalopod‘s Comment of the Day on the post, Wait, WHAT? NOW They Tell There Are “Two Big Flaws” in Every Computer?

This is not likely to be a popular opinion among professional programmers, but I feel it needs to be said.

The excuse that computers are complex and that testing to remove all of these flaws would take a prohibitive amount of time just doesn’t hold water. I understand that security vulnerabilities are different from outright bugs: security vulnerabilities are only problems because people deliberately manipulate the system in unanticipated ways. Bugs happen when people inadvertently manipulate the system in unanticipated ways. Some of these ways are incredibly sophisticated and may be infeasible to anticipate. However, having supported computers for the past few years, I’ve seen bugs that should have been anticipated, and zero testing would be required in order to do so.

The problem with testing is that the people testing usually understand the software well enough to know how it is supposed to work, or they are given a few basic things to try, but they don’t have time to test a program with heavy use. Luckily, testing is not the problem.

The problem is that in many cases I’ve seen (and I’ve come to suspect most cases across the software industry) the input and output footprints of code modules are not documented (and if your code contains comments laying out the pseudocode structure, I consider you very lucky). From an engineering standpoint, the input footprint of a system or subsystem describes the conditions the system assumes to be true in order to work effectively. The output footprint describes what effects (including side-effects) the system has or could have on its environment, including if the input footprint is not fulfilled. Those aren’t the official names; I’ve just been calling them that. Continue reading →

Morning Ethics Warm-Up, 1/5/2018: Brrrrrrr!… “Hey!”… Duh!… And “WHAT?”

/ Jack Marshall / 57 Comments

G-g-g-good M-m-m-morning!

1 Enforcing societal standards in the cold. Today, as we ran errands in 13 degree weather and gusting winds to fetch my sick son some chicken soup and DayQuil, my wife witnessed the following episode at the 7-11. With a long line behind him, a man stood at the register meticulously picking lottery numbers. A woman in line confronted him directly, saying, “You came out in this cold just to waste your money on the lottery? You’re sick. Save your money. Be responsible. Get help”

Brava.

Driving home, we saw many parents walking their children to Alexandria schools (which delayed their opening here two hours.) At an intersection near the school across a parking lot from our home, my wife and I saw a young girl, maybe seven or eight, with her father, about to cross the street. The girl had a winter jacket on and a hat, but only thin leggings and—get this—sneakers with no socks. The wind chill outside here is estimated at -4.

We didn’t say anything to the father. Should we have? I think so.

2. More state lottery ethics. Speaking of unethical state lotteries, which could only become ethical if the states eliminated them, you will recall Item #4 in the 12/28/17 warm-up, about how South Carolina had bollixed up its lottery and is deciding whether to stiff the winners, since there were far too many of them thanks to computer programming error. That state needs to follow the ethical example of Connecticut.

After an error was discovered in how the drawing was handled—involving 100,000 tickets—the lottery posted a notice on its official website saying there was indeed a problem with the drawing, and that “due to an error in the range of tickets eligible for the Super Draw drawing, a second drawing will take place shortly. HOLD ALL TICKETS.” Later it announced,  through this statement from Interim Lottery President & CEO Chelsea Turner: Continue reading →

Wait, WHAT? NOW They Tell There Are “Two Big Flaws” in Every Computer?

/ Jack Marshall / 61 Comments

(That’s Meltdown on the left, Spectre on the right.)

From the New York Times:

Computer security experts have discovered two major security flaws in the microprocessors inside nearly all of the world’s computers. The two problems, called Meltdown and Spectre, could allow hackers to steal the entire memory contents of computers, including mobile devices, personal computers and servers running in so-called cloud computer networks.

There is no easy fix for Spectre, which could require redesigning the processors, according to researchers. As for Meltdown, the software patch needed to fix the issue could slow down computers by as much as 30 percent — an ugly situation for people used to fast downloads from their favorite online services. “What actually happens with these flaws is different and what you do about them is different,” said Paul Kocher, a researcher who was an integral member of a team of researchers at big tech companies like Google and Rambus and in academia that discovered the flaws.

Meltdown is a particular problem for the cloud computing services run by the likes of Amazon, Google and Microsoft. By Wednesday evening, Google and Microsoft said they had updated their systems to deal with the flaw.

Here’s the best part:

“Amazon told customers of its Amazon Web Services cloud service that the vulnerability “has existed for more than 20 years in modern processor architectures.”

We trust the tech giants and computer manufacturers to give us secure devices. We then entrust our businesses and lives to these devices.

That there were such massive “flaws” in every computer, and that it took 20 years for those whom we trusted to discover them, is an unprecedented breach of competence, trust and and responsibility. Imagine auto manufacturers announcing that every car in the world had a “flaw” that might cause a fatal crash. I see no difference ethically.

And why is this story buried in the Times’ Business Section, and not on the front page, not just of the Times, but of every newspaper?

 

Morning Ethics Warm-Up, 12/12/2017: Idiotic Roy Moore Endorsement, Irresponsible Drug, Incompetent Ethics Study…

/ Jack Marshall / 37 Comments

Yeah, right…

1 Idiot’s Delight. It seems unkind to say, but today we will learn just how many idiots there are in Alabama. That’s useful information for any state, don’t you think? There is literally no non-idiotic justification for voting for a man like Moore, with his record, to any elective office, much less the U.S. Senate. Yet I strongly suspect he will win, and the disproportionately Democratic and liberal tilt of the those exposed in the Harvey Weinstein Ethics Train Wreck will have been the tipping point.

Here is a jaw-dropping example of the level of intellectual rigor expected of Moore voters.

At an election eve Moore event,  one of the speakers was Bill Staehle, who served with Moore in Vietnam. As an endorsement of Moore, Staehle told the tale of a fellow soldier comrade of both men who  invited them to accompany him to a private club in Saigon to celebrate the man’s final night there. The third man drove them to the club in his Jeep, but when they arrived, Staehle told the crowd, it became clear that they were at a brothel, and that their colleague had tricked them.

“There were certainly pretty girls. And they were girls. They were young. Some were very young,” Staehle said. Here is the point of the story: Moore was shocked by what he saw, Staehle claims. “We shouldn’t be here, I’m leaving,” Staehle, quoted the future disgraced judge and absurd Senate candidate as saying. They both left, leaving their friend stranded with underage prostitutes all night.

The moral of the story: “He’s the same guy… He’s honorable. He’s disciplined. Morally straight. Highly principled.”

Hey, I’m convinced!

The story, of course, proves nothing relevant to Moore’s character at all, and if Staehle thinks it does, he’s an idiot.

Staehle hadn’t seen Moore in 45 years, and this was a single incident. How does he know “He’s the same guy”? Besides, the anecdote tells us nothing about Moore’s character. Who knows why Moore left? Maybe he didn’t want to pay for sex with young girls, knowing that he could get plenty free once he got back to Sweet Home Alabama. Maybe he wasn’t attracted to Asian girls. Maybe he was afraid of getting a disease.

Only an idiot would find Staehle’s logic persuasive….but that is the target group, I guess. Continue reading →

Yes, Catherine Gregory Should Be Fired

/ Jack Marshall / 34 Comments

Jonathan Turley is fascinated with the issue of whether  faculty members and employees generally should lose their jobs over controversial conduct outside of the workplace, particularly when it involves political speech. “There remains an uncertain line in what language is protected for teachers in their private lives,” the George Washington law professor writes. As I’ve discussed here before, I don’t think it’s nearly as uncertain as Turley does. When a faculty member’s conduct or statements on social media make an objective observer think, “No competent, professional institution would hire someone like this,” it’s bye-bye and don’t let the door hit you on the way out.

Even Turley seems to waver in this ridiculous case.

Conservative commentator Lucian Wintrich was about to speak on the topic “It’s OK to Be White”—I LOVE that topic!— at the University of Connecticut when a protestor grabbed his notes. He in turn tussled with her, causing a near riot, and campus police arrested him.  The protestor was Catherine Gregory, associate director of career services  at Quinebaug Valley Community College.

Today the University came to its senses (or realized public opinion wasn’t going to allow it to get away with its attempt at liberal fascism) and dropped the charges against Wintrich  while charging Gregory.

What should happen to Gregory?

Gregory’s lawyer, Jon Schoenhorn argues that his client was justified in her actions because Wintrich’s views constitute “hate speech” and his actions “are beyond the First Amendment” in their insults to minorities. This is obviously nonsense, and I would argue it even qualifies as a frivolous and dishonest defense, an ethical violation. Unless the man is complete nitwit, he must know that there is no excluded variety of speech called “hate speech” that the First Amendment doesn’t protect. He’s lying, or he’s too incompetent to be a lawyer. Continue reading →

Comment of the Day: “‘White Christmas’ Ethics Addendum: Battlefield Incompetence, Insubordination And More In The Holiday Classic”

/ Jack Marshall / 7 Comments

To kick off the Not-Too-Early-To-Play-Christmas-Music Season, here is a Comment of the Day that adds another chapter to the Ethics Alarms commentary on “White Christmas,” the Bing Crosby-Danny Kaye musical film that is one of the five or six most resilient of the Christmas classics. The initial ethics analysis is here.

The post that spawned the latest take was a rare guest essay by Ethics Alarms veteran texagg04.

Now comes new commenter SykesFive to provide insight into the pivotal character of General Waverly, played by Dean Jagger. Among other things, he argues that one reason the general was so beloved was that he was poor general, treating the lives of his men as more important than his mission.

Here is his Comment of the Day on tex’s post, “White Christmas” Ethics Addendum: Battlefield Incompetence, Insubordination And More In The Holiday Classic:

I have a somewhat different take on this. I sometimes think I am the only person who thinks so much about the Waverly character.

As the scene opens, Major General Waverly is being relieved for frankly the only reason American unit commanders were relieved during the war: he didn’t take the objectives. That is failure. It could be lack of aggression or poor coordination or anything else, but ultimately it is failure and the commanding officer will pay the price. He will be shuffled off to a rear area command, or maybe just left to bum around the theater, and be out of the Army by the end of 1945 because his record will be so tarnished. He will be lucky not to revert to his prewar rank.

Waverly’s age suggests he was a company-grade officer during WWI and may or may not have seen combat during that conflict’s closing weeks, then spent decades idling in the interwar army. Apart from whatever happened in 1918, Waverly has no more combat experience than anyone else in the division. He is not an experienced commander by any measure. He had the right credentials–a few articles in service journals, no serious problems on his posts, and of course a West Point Ring–but had never really been tested as a field-grade officer. Again this is a common profile.This is a very common profile for WWII US Army division commanders.

So in 1940, let’s say Colonel Waverly seemed like a likely candidate for command of an infantry division in the expanding army. He did well enough with some trial commands–all during stateside training and expansion–and was promoted to one and then two stars. He seemed competent enough when the 151st Division was formed and went through let’s say nearly two years of intensive training in Texas or California or wherever. And so the division was sent to Europe in let’s say August 1944, then spent a couple months languishing in Normandy or the Pas de Calais region, during which time Waverly was a friendly presence at other officers’ headquarters as well as around his division. Bear in mind that at this point, and really for the whole war after the breakout from Normandy, the limit on American frontline strength was providing fuel and artillery shells. There were more men and tanks than could be sustained at the front. Continue reading →

It’s Thanksgiving, And Time For The Complete “It’s A Wonderful Life” Ethics Guide [Updated And With A New Introduction For 2017 ]

/ Jack Marshall / 9 Comments

 

Last year (to the day) when I posted the Ethics Alarms ethics guide to Frank Capra’s 1946 masterpiece “It’s A Wonderful Life,” one of the great ethics movies of all time, as this blog’s official welcome to the holiday season, I wrote, “I suspect we need it more in 2016 than usual.”  As it turned out, we need it even more in 2017.

Multiple forces have been hard at work for a full year now, roiling the nation, painting the future as dire and the present as unbearable, trying to divide us and even to encourage discord and conflict during this special time when we are supposed to remember what is most important in life. In case you have been infected, it’s not politics and not partisan agendas, but love, family, community, kindness, and friends. The simple message of Frank Capra’s masterpiece—it has aged far better than his other films, including, and maybe especially, “Mister Smith Goes To Washington”—that no one is a failure who has friends, is vital to recall when so many are rejecting friends because they don’t conform to some ideological talking point. This is madness, and watching and heeding “It’s A Wonderful Life” is a better remedy than Thorazine.

Senate Minority Leader Chuck Schumer actually told his Twitter followers this week to bring a chart prepared by a  think tank to attack the Republican tax plan during Thanksgiving dinner. This is part of the effort to politicize everything in our lives, by zealots who value power over humanity, country, and spirituality. They belong with Mr. Potter, not George and Clarence.

I need this movie more in 2017 than usual for other reasons. It has been a year in which I have lost many peers and cherished friends, and listened to too many of the living bemoan the passage of time and looming mortality.  I don’t think like that—a lifetime gift from my brave and fatalist father—but I can’t pretend that the game clock isn’t running out, or not face the fact that I have not sunk anywhere near the baskets I could have and should have. Fortunately, what I wrote in an earlier year introducing this post still resonates…

Everyone’s life does touch many others, and everyone has played a part in the chaotic ordering of random occurrences for good. Think about the children who have been born because you somehow were involved in the chain of events that linked their parents. And if you can’t think of something in your life that has a positive impact on someone–although there has to have been one, and probably many—then do something now. It doesn’t take much; sometimes a smile and a kind word is enough. Remembering the lessons of “It’s a Wonderful Life” really can make life more wonderful, and not just for you.

Have a terrific Thanksgiving, everyone.

And here we go:

1. “If It’s About Ethics, God Must Be Involved”

The movie begins in heaven, represented by twinkling stars. There is no way around this, as divine intervention is at the core of the fantasy. Heaven and angels were big in Hollywood in the Forties. The framing of the tale seems to advance the anti-ethical idea, central to many religions, that good behavior on earth will be rewarded in the hereafter, bolstering the theory that without God and eternal rewards, doing good is pointless.

Yet in the end, it is an ethics movie, not a religious one. George lives an ethical live, not out of any religious conviction, but because step by step, crisis after crisis, he chooses to place the welfare of others, especially his community and family, above his own needs and desires. No reward is promised to him, and he momentarily forgets why we act ethically, until he is reminded. Living ethically is its own reward.

We are introduced to George Bailey, who, we are told, is in trouble and has prayed for help. One has to wonder about people like George, who resort to prayer as a last resort, but they don’t seem to hold it against him in Heaven. The heavenly authorities assign an Angel 2nd Class, Clarence Oddbody, to handle the case..He is, we learn later, something of a second rate angel as well as a 2nd Class one, so it is interesting that whether or not George is in fact saved will be entrusted to less than Heaven’s best. Some lack of commitment, there— perhaps because George has not been “a praying man.” This will teach him—sub-par service!

2. Extra Credit for Moral Luck

George’s first ethical act is saving his brother, Harry, from drowning, an early exhibition of courage, caring and sacrifice. The sacrifice part is that the childhood episode costs George the hearing in one ear. He doesn’t really deserve extra credit for this, as it was not a conscious trade of his hearing for Harry’s young life, but he gets it anyway, just as soldiers who are wounded in battle receive more admiration and accolades than those who are not. Yet this is only moral luck. A wounded hero is no more heroic than a unwounded one, and may be less competent as well as less lucky.

3.  The Confusing Drug Store Incident

George Bailey’s next ethical act is when he saves the life of another child by not delivering a bottle of pills that had been inadvertently poisoned by his boss, the druggist, Mr. Gower. This is nothing to get too excited over, really—if George had knowingly delivered poisoned pills, he would have been more guilty than the druggist, who was only careless. What do we call someone who intentionally delivers poison that he knows will be mistaken for medication? A murderer, that’s what.  We’re supposed to admire George for not committing murder.

Mr. Gower, at worst, would be guilty of negligent homicide. George saves him from that fate when he saves the child, but if he really wanted to show exemplary ethics, he should have reported the incident to authorities. Mr. Gower is not a trustworthy pharmacist—he was also the beneficiary of moral luck. He poisoned a child’s pills through inattentiveness. If his customers knew that, would they keep getting their drugs from him? Should they? A professional whose errors are potentially deadly must not dare the fates by working when his or her faculties are impaired by illness, sleeplessness or, in Gower’s case, grief and alcohol.

4. The Uncle Billy Problem

As George grows up, we see that he is loyal and respectful to his father. That’s admirable. What is not admirable is that George’s father, who has fiduciary duties as the head of a Building and Loan, has placed his brother Billy in a position of responsibility. As we soon learn, Billy is a souse, a fool and an incompetent. This is a breach of fiscal and business ethics by the elder Bailey, and one that George engages in as well, to his eventual sorrow.

5. George’s Speech

Continue reading →

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

/ Jack Marshall / 27 Comments

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

…

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading →