Tag Archives: music

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

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

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Filed under Arts & Entertainment, Business & Commercial, Ethics Alarms Award Nominee, Government & Politics, Law & Law Enforcement

Comment Of The Day: “Christmas Music Blues”

christmas-hero-h

In addition to honoring his Comment of the Day, I also have to thank texagg04 for his timely comment to last year’s lament here, “Christmas Blues,” about the state of Christmas music as presented by the media. Christmas and holiday music is a useful, if depressing, window into the state of U.S. culture, and if he hasn’t written this commentary, I would have had to. Unfortunately, the tex’s list is res ipsa loquitur, and what it speaks of isn’t good. Christmas, the most ethical of holidays, has been substantially stripped of its ethical foundations by pop culture.

Here is texaggo4’s Comment of the Day on the post “Christmas Music Blues.” For added perspective, you may also want to revue last year’s post, On the Importance Of Christmas To The Culture And Our Nation : An Ethics Alarms Guide.

As of noon today (Monday, 28 Nov), I ran a quick survey of songs played on our local “Christmas” station since the start of last Monday.

95 songs played (though 161 if you separate them by Artist and Version of the song) for a total of 1,893 times.

Here’s the list and how many times they were played (Down on the list are some weird outliers involving the Magnum P.I. and Miami Vice soundtrack. I have no clue how those landed on the station’s playlist archive…but they were there, so I’ve included them): Continue reading

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Filed under Arts & Entertainment, Comment of the Day, Ethics Alarms Award Nominee, Gender and Sex, History, Humor and Satire, Popular Culture, U.S. Society

Ethics Hero: 11-Year-Old Singer Capri Everitt

Capri Everitt is an 11-year-old girl with a big voice. She set a Guinness World Record earlier this month when she sang the National Anthem before a Washington Nationals baseball game . For nearly a year, you see, Capri and her family have traveled around the world to 80 countries so she could sing 80 different anthems in 41 different languages.Washington D.C. was the final stop for Capri,  in a tour that required her  to learn  a lot of songs and master the pronunciation of many foreign tongues.

“And a lot of the time, I got people that are native to the country to help me with the national anthem – to help me learn it and pronounce it right, ” Capri says.

Some people use national anthems to divide people. Some, like Capri, would rather use them to bring people together.

Her tour raised money for a charity called SOS Children’s Villages, which provides homes for orphaned, abandoned and disadvantaged children in 134 countries.

“There is so much bad news on television and in newspapers that we thought, ‘How can we create a good story? How can we do something with our daughter because she loves to sing,’”  Tom Everitt, Capri’s father. has told journalists. “But we wanted to be something that would be really, really positive, so we got her to practice some national anthems.”

Capri’s anthem tour is documented on the family’s  website AroundTheWorldIn80Anthems.com.

Sing, Capri!  Colin Kaepernick can sit it out if he wants.

 

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Filed under Around the World, Arts & Entertainment, Childhood and children, Ethics Alarms Award Nominee, Ethics Heroes, Family

KABOOM! The Wrigley Field DJ Really Thought This Would Be OK! (And The Cubs Get A Jumbo…)

exploding-head5

Talk about malfunctioning ethics alarms! This story made my head explode, once I confirmed that it was not a hoax, as I desperately hoped. It apparently made the heads of a lot of Cubs fans and Cubs executive blow craniums too.

If you don’t follow baseball closely, and by the way, what’s the matter with you?, you probably don’t know two crucial facts about the Chicago Cubs closer (that’s the pitcher who comes in to pitch the ninth when his team is ahead in a close game) Aroldis Chapman:

1. He throws the baseball over 100 mph. on almost every pitch, and has hit 105 mph. on the radar gun this season. Traditionally 90 mph on a pitcher;s fastball is considered good. 95 mph is considered very good. 100 mph is outrageous. Last year, Chapman threw more pitches over 100 mph than the rest of his league’s pitchers combined.

2. Chapman was suspended for much of this season for domestic abuse, under baseball’s new policies.

The Cubs recently acquired Chapman (from the Yankees) to be the team’s closer, in this, a season that bids fair to be the one that finally ends the team’s epic string of seasons without a World Series title. The Cubs last won the Series in 1908, over a century ago. The team hasn’t even made it to the Series since 1945.

Now here’s the punch-line.

Hold on to your head. Continue reading

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Filed under Arts & Entertainment, Business & Commercial, Ethics Alarms Award Nominee, Ethics Dunces, Etiquette and manners, Family, Gender and Sex, Humor and Satire, Jumbo, Kaboom!, Sports

#FreeKesha Ethics: Ignorance, Indignation And Feminist Bias Vs. The Law

Kesha

Perhaps, if you don’t follow pop music, you managed to miss the long, long ongoing drama of singer Kesha’s (formerly “Ke$ha”—I know, I know… ) legal efforts to get out of her recording contract with  Sony and producer Dr. Luke, (Lukasz Gottwald) who has produced hits by other artists like Katy Perry, Rihanna, Pitbull and Miley Cyrus. It isn’t over, but the unethical caterwauling by Kesha and her supporters both in and out of the industry is deafening.

Also off-key.

Kesha Rose Sebert was 18  and an unknown singer from Nashville  when she signed a five or six (I have read both)  album contract with one of Dr. Luke’s recording companies in 2005. It took five years, but the producer’s faith in her paid off when Tik Tok became the No. 1 song in the country. Kesha released two albums in the next two years, but none since 2012.

In October 2014, Kesha’s legal team sued Dr. Luke for alleged sexual assault and battery, sexual harassment, gender violence, emotional abuse, and violation of California business practices since the beginning of their business relationship. The lawsuit claimed that Dr. Luke had  drugged her, raped her while she was drugged,  and also tormented her to the point where Kesha developed an  eating disorder that eventually required medical attention. Kesha asked that the court let her out of her exclusive recording contract because, as she put it in a sworn affidavit, “I cannot work with this monster.”

Dr. Luke, not appreciating being branded a rapist, filed a countersuit against Kesha and her attorneys for defamation, and accused her, her mother, and her management of fabricating the abuse claims to break her contract with him and his partner, Sony. Last November, Dr. Luke asked the judge to dismiss Kesha’s allegations of sexually abusing her. Continue reading

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Filed under Arts & Entertainment, Ethics Alarms Award Nominee, Journalism & Media, Law & Law Enforcement, Social Media

A Bobby Jindal Critic Asks, “Would I Be Uncivil If I Were To Suggest That Somebody Punch This Man Right In His Dick?” Why Yes, I Believe You Would…

By all means, this should be our model for political discourse...

By all means, this should be our model for political discourse…

Gov. Bobby Jindal, desperately trying to stay relevant in the Republican race to be the party nominee in 2016, weighed in on the Oregon community college shooting with an extensive blog post that shows, if nothing else, that the Fifties live. It’s pretty awful, designating as “root causes” of the violence such Oldies but Stupidees as “glorifying violence” in popular culture (Actually, this one is closer  to 1650), movies, TV shows, music (Run, Tipper! This is your chance!) the decline of religion ( “…we flaunt the laws of God and common decency”—I think you mean “flout” there, Bobby), the decline of the family…you know the list. The problem with Jindal’s rant—other than its exaggerations, poor writing and hysterical tone— is that taking any single event and attributing it to generic causes is demagoguery, and as intellectually dishonest as  blaming the NRA every time someone is murdered with a gun.

The Huffington Post, mocking Jindal’s eminently mockable screed, asked “What about gun violence?” as if Jindal left out the one obvious “root cause.” Is it really necessary to point out that gun violence is responsible for gun violence? But that’s anti-gun code for guns, you see. Guns are responsible for the shootings. Take the evil guns away, and nobody dies! That this facile and deceitful dead end reasoning is so accepted among progressives and liberals that it is considered an obvious truth is depressing, but I digress.

Jindal is also depressing, since the only remedy for violent movies, TV shows and video games is censorship of one kind or another, and you know what the Right will do if it gets that started: TV couples will again be sleeping in twin beds like Rob and Laura Petrie by edict. His lack of logic is depressing too—how does someone like this get elected a governor?—when he attributes alleged conditions like “the family is a mess” to a rampage by someone who might have been raised like Opie Taylor but whose mind just snapped, as they have a tendency to do. Again, a single incident has specific causes. Jindal’s main argument is exactly as exploitative and dishonest as using the Oregon shooting to lobby for gun regulations that wouldn’t have stopped the shooting. Continue reading

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Filed under Arts & Entertainment, Character, Ethics Alarms Award Nominee, Etiquette and manners, Family, Gender and Sex, Journalism & Media, Popular Culture, Religion and Philosophy, U.S. Society

Comment of the Day #1: Ethics Quiz: The Looney Tunes Cartoon Disclaimer

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The Looney Tunes post was the latest in along line of those that I never anticipated provoking the rich discussions that they have, and this fascinating post by SamePenn really took off into an unexpected direction—ragtime and racist songs—that is  still relevant to the post. Just read, enjoy, ponder and learn; I did.

Here is SamePenn’s Comment of the Day, and there’s a second COTD coming,  on the post, Ethics Quiz: The Looney Tunes Cartoon Disclaimer: Continue reading

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Filed under Arts & Entertainment, Ethics Alarms Award Nominee, Etiquette and manners, History, Popular Culture, Race