judges

Saturday Morning Ethics Warm-Up, 9/22/18: The All Fark Edition!

/ Jack Marshall / 33 Comments

GOOD MORNING!

On a day when Ethics Alarms finally passed its high-water mark for followers, I thought it appropriate to plug Fark, one of the legion of sources I check every day to find ethics topics. It’s a facetious news aggregation site that links to both serious and obscure stories with gag intros, like this week’s header on a story about a recent study on Alzheimers: “The number of Americans with Alzheimers is expected to double in the next 40 years. That’s horrible, but did you hear that the number of Americans with Alzheimers is expected to double in the next 40 years?”

My dad loved that joke, and the older he got, the more often he told it, and the more ticked off my mother would be. An all-Fark Warm-Up is a good way to avoid (mostly) politics for a while.

1. I have no sympathy for this guy. Is that unethical? This is Mark Cropp:

He has “Devast8” tattooed on his face. He says that his brother did it when they both were very drunk, as if he was a non-participant.  “Once it was started, I thought, I can’t go back on it now,” he has said. “I wish I had stopped while the outline was there to be quite honest.” Good, Mark. This is progress.

Cropp has been complaining for a year that his face tattoo has kept him from being hired. Would you hire him? I wouldn’t. Such high-profile self-mutilation is signature significance for a person with terrible judgment and life skills, or, to be brief, an idiot. Would you hire someone with “I am an idiot” tattooed on his forehead? Same thing.

Apparently he has been arrested and is facing charges in New Zealand, where he lives. Psst! Mark! Don’t have “I am guilty!” tattooed on your face while you are awaiting trial.

2. No sympathy, Part 2. I also have almost no sympathy for Beverley Dodds, who once looked like this…

…until decades of slathering herself  in Coca Cola and baby oil while sunbathing and broiling herself on tanning beds caused her to have to  battlethe effects of skin cancer for two decades, and has the skin of a reptile. (You don’t want me to post a photo of her skin. Trust me.) Like Mark above, this is self-inflicted mutilation. How sorry should we feel for someone who hits themselves in the head with a hammer every day who complains of headaches? Few public health issues have been so thoroughly publicized as warnings about long-term skin damage from excessive exposure to the sun and tanning beds.

3. No sympathy, Part 3.  24-year-old Michael Vigeant of Hudson, New Hampshire, a Red Sox fan on his way home via subway from Yankee Stadium after the Sox had lost to the Yankees (they won the next night though, thus clinching the division, and eliminating New York. Go Red Sox!)  died when he tried to climb on top of a moving Metro-North train and was electrocuted by overhead wires. The resulting chaos trapped hundreds of riders more than two hours. His brother did it too, but was luckier, and train personnel got him down. Michael touched a catenary wire and was electrocuted, said MTA officials.

Now watch his family try to sue the city.  I put “Don’t try to subway surf on moving trains,” “Don’t get huge tattoos on your face” and “Don’t repeatedly broil your skin” in the same category: lessons an adult should learn and has an obligation to observe. Not doing so suggests a general responsibility and commons sense deficit that is a menace to everyone, not just them. Continue reading →

Morning Ethics Round-Up, 8/15/2018: Rationalizations, Corruption And Mass Impeachment [UPDATED]

/ Jack Marshall / 36 Comments

Mornin’, all!

1. “That Dog” Ethics. I can think of more accurate and meaner names for Omarosa than “that dog,” but then my vocabulary is larger and more versatile than the President’s…but then, whose isn’t?  I have never heard of “dog” being identified as a racist term—because it isn’t one—though it is a sexist term, often used to denote an unattractive female. Nonetheless, this is presidential language, indeed gutter, low-life language that demeans a President, his office, and the nation he leads when it issues from the White House.

Among the rationalizations that suggest themselves are 1A.  “We can’t stop it” (apparently not, and neither can John Kelly), 2. A. “She had it coming” (nobody short of a traitor or a criminal deserves to be attacked by the President of the United States using such language), 7. “She started it” (which is excusable if you are in kindergarten), 8A. “This can’t make things any worse” (oh, sure it can), 22. “He’s said worse” (true) and many others: I don’t have the energy to go through the whole list.

Of all the dumb, incompetent, self-inflicted impediments to doing the job he was elected to do, the Omarosa fiasco might be the worst and most unforgivable. I’m not sure: I’d have to go through that list, and not only do I not have the energy, I think I’d rather rip my eyelids off.

2. I’m sure glad the new Pope fixed all of this. This story would normally fall into the category of being so obviously unethical that it isn’t worth writing about. Moreover, Ethics Alarms had referenced the Catholic sexual predator scandals in many ways, on many occasions. What distinguishes the latest chapter in this ongoing horror is that the latest revelations are coming after all of the lawsuits, damages, mea culpas and promises of reform, and they did not come from the Church. This means that the cover-up was and is ongoing. It means that even with the thousands of children who were raped and abused that we know about, there were many more. It also means, in all likelihood, that the abuse is continuing. Continue reading →

Now THIS Is An Incompetent Judge…

/ Jack Marshall / 18 Comments

The sky’s the limit!

High school  wrestler and football player Logan Michael Osborn, then 18, met a 14-year-old girl at a high school play in April 2017. After the curtain fell, they went for a walk down a secluded path, where Osborn overcame the young woman, tied a belt around her neck and hands, and performed a sex act. Osborn’s defense attorneys argued that it all was consensual, but consensual or not, she was still only 14, making this statutory rape.

In September 2017, Osborn pleaded guilty to sexual assault, saying that his conduct was the result of  “poor judgement.”  The judge sentenced Osborn to 10 years in prison with eight years suspended on his conviction of having carnal knowledge of the girl without use of force, a felony. Osborn also had to register as a sex offender. In January, however,  Chesterfield (Virginia) Circuit Judge T.J. Hauler stayed the  two-year term, saying he wanted to review the case further,and this week, he revealed the result of his review. The entire 10-year sentence is now stayed, meaning that Osborn will receive no prison time at all.

At last week’s hearing, Judge Hauler asked to hear “some positive things” about Osborn so James Trent, a foreman at an electrical company where he now works, commended Osborn’s work ethic and performance, saying that “sky’s the limit” for his future. The negative things? Well, he does appear to be a habitual sexual predator, if that counts. He has been accused of engaging in inappropriate sexual conduct with girls seven previous times, including when he was 12. In that case, Osborn was charged with grabbing the genitals of another student. (The case was dismissed.) Continue reading →

Morning Ethics Warm-Up, 7/31/18: The Self-Deception Edition

/ Jack Marshall / 39 Comments

Goodbye, July, 2018!

(and don’t come back!)

1. Ethics translation time! Baseball’s current World Champion Houston  Astros just traded for young, exciting closer Roberto Osuna from the Toronto Blue Jays. This raised some eyebrows, because the 23-year-old Osuna is just completing a 75-game suspension from MLB for allegedly beating his wife. The Blue Jays had decided that they wanted no part of Osuna, and that he would not be a member of their team going forward, despite the fact that he is regarded as one of the best late-inning relievers in the game.

Anticipating some criticism from Houston fans and baseball fans in general, who usually don’t like cheering for disgusting people,Astros GM Jeff Luhnow released a statement  following the trade, saying,

 “We are excited to welcome Roberto Osuna to our team. The due diligence by our front office was unprecedented. We are confident that Osuna is remorseful, has willfully complied with all consequences related to his past behavior, has proactively engaged in counseling, and will fully comply with our zero tolerance policy related to abuse of any kind. Roberto has some great examples of character in our existing clubhouse that we believe will help him as he and his family establish a fresh start and as he continues with the Houston Astros. We look forward to Osuna’s contributions as we head into the back half of the season.”

Translation:

“Our team has had bullpen problems all season, and as of now we have no closer, even as the team has lost three games in a row [now it’s four], two of our best players are injured, and we’re beginning a series against the Mariners, who are just a few games behind us. So in the interest of winning and because the ends justify the means, we are suspending our “zero-tolerance” policy regarding “abuse of any kind” to tolerate a player who Major League Baseball has determined to be a very serious abuser. I don’t know how we’re going to tell another player who is credibly accused of less serious abuse that we won’t tolerate his presence on the team when we just voluntarily brought an abuser onto the team, but never mind: there’s a pennant to win. I’m pretending that Roberto has complied with all consequences related to his past behavior when he is currently pleading not guilty in his pending Canadian trial on battery charges, in the hope that most fans aren’t paying attention.”

“Thank you.”

Continue reading →

Morning Ethics Warm-Up, 6/28/2018: The Post-Kennedy Retirement Announcement Freak-Out

/ Jack Marshall / 78 Comments

Good Morning!

1. How prescient of me to headline yesterday’s warm-up “Deranged” before Justice Kennedy announced his retirement and the progressive/Democratic/ mainstream media/social media freakout commenced!

2. Duh. Since nobody seems to be writing about how perfectly this proves the Trump-inflicted brain damage on the Left, allow me:

  • Justice Kennedy is 81. As my dad used to say when he entered his 8th decade, he’s in the red zone, and can drop dead at any second. Did Democrats really assume he would keep working forever?

Their shock at this is ridiculous and unbelievable. WHAT? An 81-year-old judge is retiring?

  • This is a wonderful example of how people assume that everyone else thinks as they do. The Trump-Deranged have reached the point where they would saw their pets in half to undermine the President, so they assume that Kennedy feels the same way.

There is no evidence that he does, in part because, unlike Ruth Bader Ginsberg, who has periodically trumpeted her contempt for the President, he has been judicially discrete and professional.

  • It is per se irresponsible for an 81-year-old in a challenging job with national impact not to step down before he or she becomes incompetent, or drops dead. Scalia was irresponsible not to retire. Ginsberg should retire (she is 84). Breyer is two months short of 80: he should retire.

Outside of judges, we have multiple members of Congress, notably Pelosi and John McCain, who are being unethical by not stepping aside.

  • The bottom line is that nobody should be freaking out, because everyone should have been prepared for it.

3. We get it! You are vicious, juvenile, angry, rigis and irrational people. The Daily News nicely sums up the calm, analytical, reasoned reaction by the Left:

Continue reading →

A Brief #MeToo Related Note…

/ Jack Marshall / 9 Comments

“Judges have a special responsibility to promote appropriate behavior and report instances of misconduct by others, including other judges,”  states the executive summary of a report submitted to the Judicial Conference of the United States, referring to the workplace.

No, everybody has a special responsibility to promote appropriate behavior and report instances of misconduct by others—including judges, lawyers, artists, CEOs, managers, actors, journalists..all “others”) in the workplace.  Judges aren’t special. Anyone who allows a co-worker, a colleague, a superior, a manager or an officer to engage in workplace harassment without taking steps to expose it and end it is complicit in the victimization of the individuals harmed.

Someone ask Bill Clinton, who, hilariously, now says that he supports #MeToo, if he agrees with the above statement. How many people, do you think, had to fail their responsibility to promote appropriate conduct by him in the workplace, for him to obtain power and influence, and convert it to great wealth? Hundreds? Thousands? Tens of thousands? More?

Who else should we ask?

_________________________

Source: ABA Journal

Morning Ethics Warm-Up, 4/24/18: Presidents, PETA, Privilege, Penn State And Pedophiles

/ Jack Marshall / 56 Comments

Good Morning.

It just feels like a gliddy glup gloopy nibby nabby noopy kind of day…

1. Musings on the illness of George H.W. Bush. Perhaps I am over-sensitive, but I found the long segments and speculation on cable news this morning about George H.W. Bush suffering from “broken heart syndrome” sensational, intrusive, and wrong. The man is 93, and he’s suffering from a blood infection. As my Dad said often after his 80th birthday, and eventually proved, when one is 80 or more. you can drop dead at any moment, for any reason. Yes, we all know of long-time married couples of advanced years who perish in close proximity. However, the “broken heart syndrome” is anecdotal, without clinical proof, and, essentially, fake news with a romantic tinge.

[Pointer: valkygirrl]

If vile people like Professor Jarrar will attack Barbara Bush when she dies, imagine what George H.W. Bush has in store. The elder Bush is near the bottom of my Presidential ranking, in the general vicinity of his son, Jimmy Carter and Barack Obama but The Ethics Alarms position is that every single President of the United States is owed respect and a debt of gratitude for accepting the overwhelming challenges of the job, and doing, in every case, what he felt was in the best interests of the nation. Before Harry Truman, even taking away the assassinations from the mix, the Presidency was regarded, accurately, as a killing job, with more Presidents than not dying soon after leaving office. That’s not true any  more, but the job is still a terrible physical, emotional and mental burden. The first words out of any American’s mouth when a former President is ailing should be “You have the best wishes of the nation,” and the first words when any former President dies should be “Thank you.”

2.    And this has to do with “collusion” how?  The raid on President Trump’s fixer Michael Cohen revealed that Fox News host Sean Hannity owns millions of dollars worth of real estate across several states, with  links to several shell companies that bought $90 million on 877 residential properties. This is all confidential information, and should never have been jeopardized by the Special Counsel’s effort, coordinated with New York State prosecutors, to gather as much dirt on President Trump as possible—all the better to impeach him with. That this information was leaked to the press indicts the investigation, the process, the judge who allowed the  fruits of the raid unrelated to Trump to be obtained, and the lawyers involved. Of course, the fact that Cohen had these records also rebuts Hannity’s claim, obviously disingenuous from the start, that he wasn’t Cohen’s client, but never mind: Hannity should not have been placed in the position where there was anything to deny.

[Pointer: philk57] Continue reading →

Morning Ethics Warm-Up, 4/4/2018: Baseball Lies, A Presidential High Crime, And A Judge Makes A Panty Raid

/ Jack Marshall / 163 Comments

 

http://www.youtube.com/watch?v=BPoiac9I9OY

Wake Up!

1 Fake history, baseball style. Broadcasts of Red Sox games from Fenway Park in Boston refer to “the Pesky Pole,” the official name of the tall, yellow foul pole in right field. It is named in honer of the late Johnny Pesky, who also is honored in a statue outside the park—it featured him and his team mates and longtime friends, Ted Williams, Dom DiMaggio, and Bobby Doerr. Pesky, with a couple of brief interruptions,was a Red Sox lifer, beginning with his 1942 rookie season, and ending with his death several years ago as an honorary coach. In between, he was Sox minor league manager, the big team’s manager, a hitting coach and a broadcaster.

The Pesky Pole got its name because the notoriously power-free shortstop reputedly hit several of the few he managed to slug in his career by knocking a pitch  around the marker, which arose from  what is now the shortest foul line in baseball. The  low Fenway right field fence veers sharply out from there to over 400 feet, so such homers are considered, and indeed are, lucky flukes. During his brief and undistinguished tenure as a Red Sox radio color man, former Red Sox pitching ace Mel Parnell repeatedly told the story about how Johnny won a game for Mel in 1948 with a pole-shot. This tale led directly to the team officially naming the pole on September 27, 2006, on Pesky’s 87th birthday, with a commemorative plaque placed at its base and everything.

Afterwards, and not before, someone actually checked the game records. Pesky never hit the home run  described by Parnell. He only hit six home runs in Fenway at all, and nobody knows how many hit the pole, looped around the pole, or even went to right field. (Pop-ups hit by Punch-and-Judy hitting shortstops sometimes landed in the screen over the left field wall for home runs, as the cursed Bucky Dent can attest.) Nevertheless, the fake history is in place: the Pesky Pole is named that because Johnny Pesky hit a famous home run off of it, or was famous for looping cheap homers around it, or something.

Baseball excels at creating fake history, the most notable being represented by the locale of its Hall of Fame, in Cooperstown, New York. When the museum was envisioned, the accepted story about the game’s origin was the Union general Abner Doubleday invented the sport in 1839 and organized the first game in Cooperstown. After the construction was underway,  research suggested that everything about the Doubleday tale was rumor and myth, but baseball and the museum’s management, in one of the all-time classic examples of adopting the philosophy of the newspaper editor in “The Man Who Shot Liberty Valence,” went to great lengths to keep the original story before the public. Eventually some hard evidence surfaced suggesting that the game was invented by Alexander Cartwright, who was eventually inducted into the Hall as the game’s creator, while Doubleday is not. Nonetheless, the myth survives. Major League Baseball Commissioner Bud Selig, for example,  said in 2010 that “I really believe that Abner Doubleday is the ‘Father of Baseball.'” This is the equivalent of saying that one believes in the Easter Bunny.

Selig was later inducted into the Hall of Fame.

2.Believe it or Not! I would support impeaching  President Trump for his tweeting attacks against Amazon. This is such an abuse of Presidential power that it demands at least a Congressional reprimand or sanction. Amazon lost $53 billion in market value in the wake of the tweets, meaning that investors, retirees, and ordinary Americans lost wealth as well. It is unconscionable for a President of the United States to deliberately target a company, just as it is wrong for a President to punch down at a private citizen, but the consequences of doing what Trump has done to Amazon is far, far worse. The Wall Street Journal suggested in an editorial that if the attack on Amazon was politically motivated because Amazon mogul Jeff Bezos owns the Washington Post, impeachment would be justified. Yes, that would be even worse, but it is not an essential element of this “high crime.” The President of the United States must not abuse his power by intentionally harming lawful businesses.

The foolish resistance is so focused on trying to impeach Trump based on exotic laws and imaginary conspiracies that it doesn’t see the real thing when it’s right in front of its face, and the anti-Trump media has so destroyed its credibility by embracing ridiculous impeachment theories that a valid one will just look like more of the same. Continue reading →

Morning Ethics Warm-Up, 3/31/2018: The Baseball-Trained Rifleman, The Hockey Hero Accountant, And Some Other Stuff That’s Just Annoying…

/ Jack Marshall / 16 Comments

http://www.youtube.com/watch?v=xbAfEfBUuyw

Good morning!

1. “The Rifleman” and “Fix the problem.” I recently was interviewed by a graduate student in organizational leadership and ethics. One thing we discussed was how popular culture in America once dedicated itself to teaching ethical values and ethics problem-solving, especially in shows aimed at young audiences. This is not so true any more; indeed, popular culture models unethical conduct at least as often today.

I told my interviewer about recently watching an episode of “The Rifleman,” the early ’60s TV Western about a single father raising his young son while being called upon to use his skill with a rifle to fight for civilization in the harsh frontier.  In the episode, hero Lucas McCain (played by the under-rated Chuck Connors) had to deal with an old friend, now an infamous outlaw, who had come to town. (The ethical conflict between personal loyalty and an individual’s  duty to society was a frequent theme in Westerns.) Lucas was a part-time deputy, and at the climax of the episode, his friend-gone-bad is prepared to ride out of town to escape arrest for his latest crime. Lucas tells him not to leave, and that if he tries to escape, Lucas will have to let his custom-made rifle settle the matter, as usual. (Peace-loving Lucas somehow managed to kill over a hundred men during the run of the series.)  Smirking, his friend (Richard Anderson, later known as the genius behind “The Six Million Dollar Man”), says that he knows his old friend is bluffing. For Lucas owes him a lifetime debt: he once saved “The Rifleman’s” life.  You’re a good man and a fair man, the villain says. “You won’t shoot me. I know you.” Then he mounts his horse , and with a smiling glance back at “The Rifleman,” who is seemingly paralyzed by the ethical conflict, starts to depart. Now his back is all Lucas has to shoot at, doubling the dilemma.  You never shoot a man in the back, an ethical principle that the two officers who killed Stephon Clark somehow missed. We see McCain look at his deadly rifle, then again at the receding horseman. Then, suddenly, he hurls his rifle, knocking his friend off his horse. The stunned man is arrested by the sheriff, and says, lamely, as he’s led away. “I knew you wouldn’t shoot me.”

I love this episode. It teaches that we have to seek the best solution available when we face ethics conflicts, and that this often requires rejecting the binary option presented to us, and finding a way to fix the problem.

Of course, it helped that Chuck Connors used to play for the Dodgers, and could hurl that rifle with the accuracy of Sandy Koufax.

2. Here we go again! Now that anti-gun hysteria is again “in,” thanks to the cynical use of some Parkland students to carry the anti-Second Amendment message without having to accept the accountability adults do when they make ignorant, dishonest, and illogical arguments in public, teachers and school administrators are back to chilling free speech and expression by abusing their students with absurd “no-tolerance” enforcement. At North Carolina’s Roseboro-Salemburg Middle School, for example, a 13-year-old boy in the seventh grade was suspended for two days for drawing  a stick figure holding a gun.

I drew pictures like this—well, I was little better at it—well into my teens. It’s a picture. It isn’t a threat. It isn’t anything sinister, except to hysterics and fanatics without a sense of perspective or proportion—you know, the kind of people who shouldn’t be trusted to mold young minds. “Due to everything happening in the nation, we’re just being extra vigilant about all issues of safety,” said Sampson County Schools’ Superintendent Eric Bracy, an idiot. How does punishing a boy for a drawing make anyone safer? It makes all of us less safe, by pushing  us one step closer to government censorship of speech and thought.

Then we have Zach Cassidento, a high school senior at Amity High Regional School in Connecticut who was suspended and arrested —arrested!—for posting a picture of his birthday gift, an Airsoft gun, on Snapchat. He was not charged, but was suspended for a day from school….for posting, outside of school, on his personal account, the picture of an entirely legal toy gun (It shoots plastic pellets: my son has several of them).

The people who do this kind of thing to children in violation of their rights as Americans are the same people who cheer on David Hogg while signing factually and legally ridiculous petitions. They should not be permitted to teach, and this kind of conduct ought to be punished.

Where is the ACLU? For the organization not to attack these abuses is an abdication of the organization’s mission. Continue reading →

Ethics Quiz: Bill Cosby’s Bias Argument

/ Jack Marshall / 32 Comments

As Bill Cosby’s latest trial gets underway, “the Cos” and his lawyers contend that the presiding judge should recuse himself because the judge’s wife is an advocate for sexual assault victims. Judge Steven O’Neill’s wife, Deborah O’Neill, is a social worker on a University of Pennsylvania special staff that advocates for students who are alleged victims of sexual assault. According to the motion for the judge to recuse, she has donated money to a victims advocacy group that plans an anti-Cosby rally outside the courthouse during Cosby’s trial.

 

Your Ethics Alarms Ethics Quiz of the Day:

Should the political activities, public statements or occupation of a spouse be considered a sufficient conflict of interest to mandate judge’s recusal?

Continue reading →