integrity

On The Matter Of Fake Buglers: Beyoncé Revisited

/ Jack Marshall / 45 Comments

I don’t know how I missed the fact that the armed services increasingly use fake buglers at military funerals, but I just learned about it the hard way.

Our neighbor, a navy veteran who died unexpectedly leaving his wife and small daughter, received a military burial in Quantico, Virginia. The uniformed bugler raised his instrument to his lips (out of my sight, but I saw him with his bugle on the way to the site), and the mournful sound of TAPS began, only to end abruptly halfway through the melody. There was an awful, awkward silence as the mourners wondered what happened and if the tune would be completed, and then the sailor put away his bugle into a case, and walked over to fold the flag on the coffin.

Because of budget cuts (which, of course, could have been applied elsewhere, for this is a choice) and a shortage of buglers, most military funerals employ non-musicians who hold a fake bugle with a chip and a speaker installed to give the illusion that TAPS is being performed.

In other words, it is a subterfuge and a lie.

I discussed what was wrong with such fake live performances in 2009, and again in 2013, when I beat this topic to death, even going on Bill O’Reilly’s show to talk about Beyoncé lip-synching at the Inauguration as the newscasters lied about it being a live performance. The key quote from both posts is this..,

“The performance was part of the swearing-in ceremony of President Barack Obama, and that meant that it could not, should not, must not be phony, faked, or a lie.”

Whether you think that similar fakery is more or less excusable when the nation says good-bye and thanks to a deceased veteran is a matter of priorities. Both are unethical, both represent creeping corruption and a betrayal of values. This was a Navy service; here’s the relevant provision of the Navy Ethics Compass: Continue reading →

The Lesson Of The Pete Rose Saga: It’s Hard Being Ethical When You’re Stupid

/ Jack Marshall / 40 Comments

Rose rejected

Pete Rose’s final appeal to have his ban from Major League Baseball lifted was rejected, as Commissioner Rob Manfred delivered a stinging rebuke. (You can read his letter here.) The very first ethics post I ever wrote was about Pete, and I have posted about his character and plight several times since. Rose, the all-time leader in hits and undeniably a great player, was banned from the game in 1989. An investigation concluded that he had bet on baseball games while a manager of the Cincinnati Reds, a violation of MLB’s famous “third rail” no-gambling rule, which makes it an automatic expulsion from the profession to place bets on baseball games as a manager, coach or player. This is regarded as an existential rule for baseball, which was nearly ruined when gamblers fixed the 1919 World Series.

Rose maintained his innocence of the allegations for decades, then admitted(to sell a book) that he had been lying, and did gamble. Just a few months ago, evidence surfaced that he had also bet on baseball while a player, which Rose has always denied.

In his letter rejecting Rose’s appeal, Commissioner Manfred noted that one of the conditions that had long been set for Rose to have any chance of reinstatement—though Rule 21 has no exceptions, MLB was willing to do almost anything not to have the holder of the record for lifetime hits on its blacklist—Rose would have to earn a pardon by showing he had turned his life around, meaning that Pete was no longer a sleazeball.

Manfred wrote that Rose, who had, among other black marks, served time in prison for tax evasion, asserted in his latest appeal that he indeed was a new and better man. Nevertheless, Rose…

1. Refused to admit that he had bet on baseball as a player, when the evidence was incontrovertible, and

2. Revealed that he still gambles on horse racing and professional sports, including baseball.

Manfred came to the obvious conclusion that “Charlie Hustle,” who pretty clearly has a gambling addiction, has taken no positive steps toward addressing it, is still a risk to gamble on baseball games or get himself in debt to gamblers if he returned to the sport, and  can’t be trusted.

All of the above could be more concisely summarized by six words: Pete Rose is a stupid man. As comedian Ron White says, “You can’t fix stupid.” Manfred, in his letter telling Pete that he can forget about any future employment in baseball, noted more than once that Rose does not appear to understand the import and purpose of the rule he violated, which exists  to protect the integrity of the game. Indeed,  Pete Rose wouldn’t know what integrity was if it sat on his face. Continue reading →

Pop Ethics: The Drifters And Musical Self-Plagiarism

/ Jack Marshall / 20 Comments

Does the song “Sand in My Shoes” sound familiar? It should: it’s an embarrassing 1964 rip-off by the Drifters of the Drifters, written and recorded immediately after their previous song, 1963’s “Under the Boardwalk,” was a big hit. Here, notice the resemblance?

Of course you do; that was the idea. Continue reading →

Ethics Dunces: “The Walking Dead”

/ Jack Marshall / 28 Comments
Fool me once, shame on you...

Fool me once, shame on you…

The producers and writers of  AMC’s “The Walking Dead” must be all puffed up with pride, squeezing three weeks of artificially-goosed ratings by faking the death of a major character and then bringing him back safe and sound tonight as blithely as they used to do with Pearl White in the old “Perils of Pauline” serials after the previous episode ended with a buzz-saw  inches from bisecting her, or with a speeding locamotive yards away with Pearl lashed to the tracks. (No, damn you, I’m not THAT old!)

Well, they can be proud without me. I don’t appreciated any show treating me like a fool, and that’s exactly what “The Walking Dead” did with this cheapest of cheap stunts. This is drama, not “Die Hard,” not “Days of Our Lives,” and not Gilbert and Sullivan. Silly resolutions of crises are expected in those and other genres, and an audience is forewarned and consents to the absurdities to come; it’s part of the fun. “The Walking Dead,” in contrast, has presented itself as an uncompromising, raw, nihilistic survivalist study of a hopeless and deadly world where death is lurking everywhere, and even heroes (who are barely heroes anyway) aren’t safe. It is the constant threat of a horrible death that give the show its legitimacy and its characters weight.

Take that away, and the the show is pointless gore, just a special effects exhibition with a repetitious plot attached. I know most people don’t demand integrity from their elected leaders or their entertainment, but I do. The producers and writers of “The Walking Dead” think lying is cute and profitable. I supposed its ovine fans will prove them right.

I say its unethical, and I say to hell with them.

Update: Actor Steven Yuen, who plays the now miraculously alive character, said after the show aired:

“I think it proves that this world still can take that story of the good guy winning sometimes. I really like the fact that it’s not this bent of always seeking out something miserable happening on television or something terrible and sulking on that and rather just really accepting the fact that sometimes good guys survive.”

Baloney. What this proves is that this world, which knows that good guys die all the time, can be gulled into caring about the demise of a fictional character as if that character is worth caring about, when it is is in fact just a tool of commerce and emotional manipulation by a creative force that has no interest in any artistic or philosphicaltruths, only a cynical commercial one.

 

Unethical Judge Of The Month, But Not For What You May Think

/ Jack Marshall / 13 Comments

ShatteredGavelShortly after the the Supreme Court’s same-sex marriage decision, Obergefell v. Hodges, Utah began placing foster children with same-sex couples. An 8-month-old girl was placed in August with Rebecca A. Peirce, 34, and April M. Hoagland, 38, who are married and live near  Salt Lake City with Peirce’s two biological children.

The couple hoped to eventually adopt the child, but during what was supposed to be a routine hearing on the foster parent arrangement the juvenile court judge, Scott Johansen, issued an order that the baby be taken from them and given to a heterosexual couple so that she could be raised in a home with heterosexual parents. As his justification, Judge Johansen said that research he had seen indicated that children  do better in heterosexual homes. The order cited the court’s “belief that research has shown that children are more emotionally and mentally stable when raised by a mother and father in the same home.” There have indeed been studies that support that position, but they have been sharply criticized by social scientists. Continue reading →

Ethics Revelations In The Obituaries: Media Bias And “Big Al”

/ Jack Marshall / 10 Comments

obits

Ethics revelations lurk everywhere, even in the obituaries pages:

The Surprising Integrity of “Big Al”

Al Molinaro, the rumpled, large proboscused character actor best known as “Murray the cop” on TV’s “Odd Couple” and the proprietor of
the diner on “Happy Days,” where he mastered the world-weary catch phrase of “Yeeeaaahh, yeah-yeah-yeah…,” died last week at the advanced age of 96. In his Washington Post obituary, I gained new admiration for Al. (I was always an Arnold (Pat Morita) man, myself, and if you don’t understand that reference, good for you. You ignored “Happy Days.”) At the end of Al’s obit, there was this…

“In 1990, Mr. Molinaro told the Chicago Tribune that Marshall, who went on to direct hit films including “Pretty Woman,” tried unsuccessfully to recruit him for big-screen work.

“I can’t work in movies with Garry because I’m so square that I won’t be in a movie that has four-letter words in it,” Mr. Molinaro said. “That puts me pretty much totally out of films these days. . . . You get to a point where you don’t want to do just anything for the career. You gotta live with yourself.”

Now that’s integrity, and in show business, of all places. Our culture remains civil and benign only if we are willing to fight for it, or at least withhold our assistance as it deteriorates. Molinaro had the courage and integrity to accept this civic duty, Few among as do, and actors—especially specialty character actors like Al, almost never do. I remember that Mel Brooks harbored dreams of getting John Wayne to play “The Waco Kid” in “Blazing Saddles,” and said that he ran in to the Duke and talked him into reading the screenplay.  Wayne called him the next day and told Brooks that he loved the script, but that he couldn’t take the role. “It’s too dirty,” he said. “I’m John Wayne!” But he said he laughed all night as he read it, and promised to be “at the head of the line” when it opens. Continue reading →

World Series Ethics: Another Pine Tar Sighting, As Baseball Ethics Rot Gets A Thumbs Up From Legal Ethics Rot

/ Jack Marshall / 21 Comments

Sal Perez

Cameras during Game #2 of the 2015 World Series revealed that Kansas City Royals catcher Sal Perez had what appeared to be pine tar on his shin guard during the game. This would presumably be there for the purpose of surreptitiously smearing some of the gunk on the ball, then throwing it back to the pitcher so he could “get a better grip on the ball,” a.k.a “tamper with the baseball so it can do loop-de-loops.” This is illegal. It is cheating. According to Rule 8.02(a)(2), (4) and (5), the pitcher shall not expectorate on the ball, on either hand or his glove; apply a foreign substance of any kind to the ball; [or]  deface the ball in any manner. The rule is unambiguous, and if a pitcher or a catcher is caught violating the rule, they are thrown out of the game with a suspension and fine to follow.

None of this happened to Perez or his pitcher that night. According to NBC Sports blogger Craig Calcaterra, a former practicing lawyer who I am officially disgusted with, the reason was that “Nobody cares,” including Calcaterra.

I wrote extensively about Major League Baseball’s unethical attitude toward violations of this particular rule last year, after an absurd sequence in which Yankee pitcher Michael Pineda was caught by TV cameras apparently using pine tar on his pitches without compliant from the opposing Red Sox, followed by Sox manager John Farrell saying that he hoped he would be “more discreet” about his cheating “next time,” and then when Pineda was more obvious about it next time, Farrell complained to the umpires, who threw Pineda out of the game (he was also suspended). I wrote, Continue reading →

Marco Rubio Better Have An Explanation For This Unethical Statement Other Than The Obvious Ones

/ Jack Marshall / 8 Comments
Seen on Sen. Rubio's Senate office door...

Seen on Sen. Rubio’s Senate office door…

The obvious ones would be:

  • Because I can.
  • Because I lack integrity.
  • Because I’m as immature as I look.

I can’t make the Rubio quote making the rounds this morning an Ethics Alarms “Unethical Quote of the Month,” because it occurred, we are told by the Washington Post, on the evening of September 18 during the last Republican candidates’ debate. Why didn’t I pick up on Rubio’s statement then? I don’t know: no one else did either, based on a Google search.  I guess when there are 11 GOP candidates embarrassing themselves and their party seriatim (By the way, did you know that the WordPress spellcheck program says that the word I wanted to type there is “Maserati’?), it’s easy to miss a few outrageous statements.

Anyway,here is what Sen. Rubio said, however, after being chided by Donald Trump for missing so many Senate votes:

“That’s why I’m missing votes. Because I am leaving the Senate. I am not running for reelection.”

The front page Washington Post story says that Rubio is frustrated with the unresponsiveness of the U.S. Senate to his attempted leadership:

Marco Rubio is a U.S. senator. And he just can’t stand it anymore.

“I don’t know that ‘hate’ is the right word,” Rubio said in an interview. “I’m frustrated.”

This year, as Rubio runs for president, he has cast the Senate — the very place that cemented him as a national politician — as a place he’s given up on, after less than one term. It’s too slow. Too rule-bound. So Rubio, 44, has decided not to run for his seat again. It’s the White House or bust…Rubio had arrived at one of the least ambitious moments in Senate history and saw many of his ideas fizzle. Democrats killed his debt-cutting plans. Republicans killed his immigration reform. The two parties actually came together to kill his AGREE Act, a small-bore, hands-across-the-aisle bill that Rubio had designed just to get a win on something.

Now, he’s done. “He hates it,” a longtime friend from Florida said, speaking anonymously to say what Rubio would not.

So Rubio is missing votes in the Senate because he hates his job?

That’s not exactly indicative of trustworthy character, not just for national leadership but for any position, including busboy. He ran for the job, got it, is being paid for it, and if it isn’t as much fun or as rewarding as he thought it would be, tough. Rubio still has an obligation to fulfill his duties as best he can. Who gets to goof off at work because he or she doesn’t like a job or is “frustrated”? Just Marco Rubio, it seems. Leaders have to be role-models and ethical exemplars. Rubio is modelling the “stop doing the job if you’re not good at it but still collect your paycheck” approach to the workplace. Who does he think he is?

Barack Obama? Continue reading →

Ethics Corrupter Weekend, Part III. Williams College And Open Minds

/ Jack Marshall / 26 Comments

williams-college_416x416If colleges can’t educate students about core American values and principles like freedom of speech, what good are they? It’s worse than that, though. They appear to be teaching the opposite of those values, corrupting our upcoming generations and through them, poisoning our society.

Author Suzanne Venker, a conservative  social critic who has called herself an anti-feminist, was scheduled to give a lecture at Williams College as part of a student-created “Uncomfortable Learning” series, but the group cancelled her appearance when students complained that her ideas would make them uncomfortable. The leader of the student group that created the series, Zach Wood, was subjected to protests like this:

“When you bring a misogynistic, white supremacist men’s rights activist to campus in the name of ‘dialogue’ and ‘the other side,’ you are not only causing actual mental, social, psychological, and physical harm to students, but you are also—paying—for the continued dispersal of violent ideologies that kill our black and brown (trans) femme sisters. You are giving those who spout violence the money that so desperately needs to be funneled to black and brown (trans) femme communities, to people who are leading the revolution, who are surviving in the streets, who are dying in the streets. Know, you are dipping your hands in their blood, Zach Wood.”

Physical harm! Hearing her speak would actually injure them!

Opined the student newspaper:

While free speech is important and there are problems with deeming speech unacceptable, students must not be unduly exposed to harmful stereotypes in order to live and learn here without suffering emotional injury. It is possible that some speech is too harmful to invite to campus. The College should be a safe space for students, a place where people respect others’ identities. Venker’s appearance would have been an invasion of that space.

Gee, I thought “safe” on campus today meant “safe from sexual relations that you decide after the fact were a bad idea, and that magically become rape after the fact.” My mistake. Apparently it means “Having one’s world view challenged.” Wood capitulated to the mob, demonstrating that Williams had failed to teach him and his group members integrity, the importance of keeping commitments, not to be weenies and to be willing to fight for what’s right, even when it is unpopular. Continue reading →

My Reply To Eric Turkewitz’s Criticism Regarding “The Worst Aunt Ever”

/ Jack Marshall / 71 Comments
This guy would have given The Bad Aunt the right advice...

This guy would have given The Bad Aunt the right advice…

Eric Turkewitz is a New York trial attorney, by all accounts a terrific lawyer, by the evidence of his writing an ethical and astute one, in our brief encounters a very nice guy, and the proprietor of “The New York Personal Injury Law Blog.” In a recent post, he defends the decision of Jennifer Connell to sue her young nephew for a four-year old injury she received when he hugged her too enthusiastically at her birthday party. He notes, correctly, that the decision to sue was based on the client accepting a “bad call” by her lawyer. He also includes a lot of information not mentioned in the early posts on the matter, including mine. Still, he defends Connell. He also specifically criticizes my post. Eric writes,

And this is from Jack Marshall, who says he actually teaches ethics and has a blog called Ethics Alarms (coded “no follow“):

“What’s going on is that Aunt Jennifer is pure hellspawn, a mysteriously animated pile of human excrement that embodies the worst of humanity.”

This is what happens when people elect to post stuff on the web based on an initial news report that was, shall we say, very selective on what it chose to report. This site is getting quite a bit of traffic, most likely from many who never knew it existed. So let me answer a question some of you may have: Yes, I know what it’s like to be on the receiving end of lawsuits, and they weren’t nearly as benign as this run-of-the-mill kind: On Suing and Being Sued.

Yes, I “actually teach ethics,” and I could, in fact, teach Eric some things that he would find useful and enlightening. I’m not going to get in a pissing match with him, in part because, as I learned from another tiff four years ago (in which I was wrong, and duly apologized), he has some very, very nasty pals, and I don’t want to throw blood in the water. This is, however, an excellent example of how lawyers often end up seeing the world, and in fact I may use his post, unattributed, in seminars to show where legal ethics and ethics diverge. It is wise for lawyers to be atuned to both.

Here was the response I made to Eric on his blog: Continue reading →