Tag Archives: negotiation

Afternoon Ethics Warm-Up, 2/17/18: Mueller And A Movie

Good afternoon..

1 Well, we have some exit poll results…on my integrity and denial question in the Mueller indictment post I started at 4 am, hence the late Warm-up. Based on the comments so far, I am going to be disappointed: the “Trump is guilty of something” crowd is, so far, arguing that an indictment statement including  “There is no allegation in the indictment that any American was a knowing participant in the alleged unlawful activity. There is no allegation in the indictment that the charged conduct altered the outcome of the 2016 election” means that the President’s election was illegitimate and that he is guilty of wrongdoing. We also have such jaw-dropping moments as a commenter praising the Mueller investigation for not leaking the indictments beforehand—wow. Leaks are unethical, and when a grand jury is involved, illegal. The leaking from the Mueller investigation and the Justice Department have been a national disgrace, and we are now at the point when government lawyers not breaking the law is deemed worthy of praise in some quarters.

Of course, we don’t know what was leaked. Since leaking grand jury testimony is so serious and always sparks its own investigation, I wouldn’t bet against reporters having been tipped off, but using the advance notice to prepare their “Trump’s still guilty!” responses.

A better example could not be found of how the the news media and the intentionally divisive partisan rhetoric of the past decade have caused a fracture in the ability of Americans to perceive facts unfiltered by confirmation bias. I find this disheartening. But exit polls are not always accurate…

2. An unexpected take on the indictments. Eccentric conservative blogger Da Tech Guy  had some interesting observations:

“Section 1 and section 24 notes that it’s against US law for “certain foreign nationals” to enter the US without a visa providing truthful and accurate information to the government. Apparently these laws don’t apply to dreamers and those who brought them…section 41 talks about identity theft including social security numbers; again, this could be a charge against the DACA kids…Section 85 completes the list, the illegality here is that they pretended to be Americans and didn’t register as foreign agents while doing activities that if done by Americans would be completely legal…Does that mean that DACA folks and illegals who have held political rallies will be indicted next?…Section 89-95 on count 2 and section 96 again notes identity theft and moving money via such theft., boy this could be an indictment of the illegal alien DACA crowd if they wanted. But they don’t.”

3. Ethics movie review! I watched Denzel Washington’s “Roman J. Israel, Esq.” twice last week, in part because it is a legal ethics movie, and in part because Washington’s portrayal of an idealistic autism-spectrum civil rights attorney whose ethics alarms get corrupted is so unusual for him. I’ll basically pay to watch Denzel play canasta. Continue reading

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Morning Ethics Warm-Up, 1/26/1918: It’s Incompetence Friday!

Good Mronign!

Competence is often not regarded as an ethical value, but it is one of the most important of them all. It is also one of the most commonly breached, usually with the rationalization that “everyone makes mistakes.”

1 “The Nip” Redux  In a legendary “Seinfeld” episode, Elaine’s Christmas card features a photo, taken by amateur photographer and inveterate screw-up Kramer, in which one of her nipples is exposed. Kramer, however, was an admitted amateur. What is Vanity Fair’s alleged professionals’ excuse for its current cover (I’m not talking about the nauseating pandering to Hollywood it represents, for which there is no excuse), which shows actress Reese Witherspoon with three legs?

Vanity Fair may have been too focused on photoshopping out actor James Franco, who was in the original photo but became model-non-grata when he was accused of sexual harassment, and as #MeToo has taught us, an accusation is all the due process these male scum deserve.

2. Segue Alert! And speaking of Hollywood, there has been much ballyhoo over the fact that the nominated Best Actresses this year play feisty, unglamorous, tough, in several cases outright repulsive women. Question: Who likes watching such characters (and more are on the way)? The Academy snubbed the most popular film with a female star, Gail Gadot in “Wonder Woman,” who probably is still too politically incorrect because men—ick!—find her attractive. 2017 was a catastrophically bad year at the box office, meaning that Hollywood proved incompetent at its job, with is making movies people want to see. It also displayed incompetence—not to mention arrogance, bias, condescension, hypocrisy and stupidity–by shooting off its various mouths on political matters, making the entire film industry, which should be a unifying force in the culture, polarizing, like everything else in 2018.

The Hollywood Reporter has a report about the role politics plays in the Academy Award voting; this has always been true, but never more than now. I cannot imagine who would care what or who wins the statuettes when it is all transparent political grandstanding, virtue-signalling and an attempt to meet quotas. Next crisis on the horizon: Hispanic artists are gearing up to show how they have been statistically insufficiently represented in nominations and awards. I presume Asians will do likewise. Why are there not more roles and awards for the differently-abled? Trans performers? Hollywood is committed to the Left, the Left is committed to tribalism, and tribalism has nothing to do with popular entertainment.

Or democracy. But I digress. Continue reading

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Discrimination Or Negotiation? The Phony “All The Money In The World” Pay Controversy

As usual, the headlines are misleading, and the reporting is soaked with emotion.. Michelle Williams Is Reportedly Worth 1500% Less Than Mark Walberg To Sony…

is a typical example. Fake news. Mark Wahlberg reportedly made 1500 times what Michelle Williams did for All the Money reshoots. True, but misleading. Here is what happened:

“All the Money in the World” is the film that had to be substantially re-shot after tyhe decision was made to make Kevin Spacey, in a major role, disappear, with his part taken by Christopher Plummer. This required far more re-shooting than a typical finished film requires. Most movie contracts require a certain number of reshoot days as a routine stipulation for the actors, who must make themselves available as needed. If more than the usual additional filming is needed, however, actors are not obligated to work beyond what they reasonably expected.  Michelle Williams and Mark Wahlberg had agreed to appear in “All the Money in the World” for less than their standard fee, but when they had to go an extra mile to let the film be completed, they each took a different tack.

Williams was nice, and quickly agreed to return, believing, without being told so,that other participants had made the same decision. She even worked over Thanksgiving,  arranging for her 12-year-old daughter, Matilda, to spend the holiday without her. “They could have my salary, they could have my holiday, whatever they wanted,” she Told the New York Times. “Because I appreciated so much that they were making this massive effort.” (…to get rid of Kevin Spacey!)

Her co-star Mark Wahlberg, however, realized that he had leverage over the production team. He was the only major cast member with no commitment to reshoot his scenes. The finished film was set to be released in theaters in about a month, on December 25, so he had terrific leverage. In Hollywood, leverage equals big bucks. He told his primary agent, Doug Lucterhand, to play hardball, and negotiate for as much money as he could get.

The production company ultimately agreed to a $1.5 million payment.

Is this gender discrimination? No. Is it an example of bias? No. Is it unfair? Well, only in that life is unfair, some people are more shrewd than others, Hollywood isn’t kindergarten, and nice guys finish last, as Leo Durocher said. Continue reading

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Morning Ethics Warm-Up, 9/7/2017: Compromise, Competence, Verrit, A Congressional Jerk, And Democratic Crooks Don’t Matter…

Good Morning!

1 President Trump stunned the political world and particularly the left’s “I hate him” news media by crossing party lines and cutting a debt deal with Democratic leaders in defiance of his own hyper-partisan party. One reason they were stunned is because this is what competent Presidents do and are supposed to do in order to govern, and we have just finished eight years with a previous President who was unwilling and incapable of doing it.

This single episode doesn’t make Trump a competent President, but it does show that he is competent in at least one aspect of democratic leadership (Obama was competent at exactly two: appearing Presidential and speaking coherently), and has some guts. The demonstrated ability to negotiate and the willingness to act in the teeth of furious opposition were two characteristics that the advocates of his candidacy cited as justification for electing him.

It is also dawning on some that the structure of the DACA executive order may well be to fashion the measure as a bargaining chip to be cashed in later. This is also the kind of thing competent leaders do.

2. There is a new website called Verrit, which appears to be an openly, proudly, left-biased news source which purports to “verify” news stories, obviously based on its own progressive world view. Verrit founder and CEO Peter Daou told the news media,

“We’re in a time now where you just no longer trust anything that you’re reading,” Daou said. “Facts are now in question. Reality is now in question. So we want to do something where we rigorously vet these facts and we actually stand by our research and put an authentication code on every fact that we put up.”

And what qualifies Verrit as a fair and objective “authenticator”? Apparently it is the virtue of being hard-progressive and anti-conservative to the bone. Here is a recent Verrit collection of its “cards”:

Continue reading

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Morning Ethics Warm-Up: 7/7/17

1. I am afraid that today’s posts may be heavily tilted to the ongoing mainstream media implosion, depending on what other issues surface and what the Ethics Alarms ethics scouts sleuth out. Afraid, because I know that many readers here, like the news media itself (not surprisingly, but tellingly, the legacy news media isn’t reporting this story, but it is being thoroughly reported in the “new”–as in online–news media) want to pretend that it isn’t a story at all. The repeated deflection—they are deflecting, whether the mainstream media defenders can admit it to themselves or not, because the news media is destroying itself with unrestrained anti-Trump bias, and its defenders like anti-Trump bias, as they are suffering from it themselves—is “Isn’t an untrustworthy President worse than an untrustworthy news media?” The answer is absolutely not. A President’s job isn’t to be trustworthy, though being trustworthy is crucial to doing the job and maintaining the vitality of his Office. A President’s job is lead the government and use his power to keep the nation safe, free and prosperous while upholding the Constitution. A trustworthy President is more likely to accomplish those goals, and I insist that a trustworthy (that is, ethical) individual should always be preferred over an untrustworthy one who claims to have more popular policies in mind. Nevertheless, untrustworthy Presidents can have successful administrations, and have before in our history. Moreover, a President who is untrustworthy can be replaced in four years.

We don’t elect journalists. What is happening to our pampered, privileged, arrogant  journalistic establishment cannot be remedied at the ballot box, and indeed impedes effective elections. A news media that increasingly sees its function as manipulating public opinion to serve its own ideological and partisan ends threatens democracy itself. That makes the rogue news media of today a far greater threat than one incompetent President, and the more urgent ethics concern.

How will this professional ethics abdication be addressed and repaired? It must be, and the starting point has to be the journalism field’s  own recognition that there is a crisis.

2. There was a flicker of hope on the self-recognition front yesterday, when former CNN chairman and CEO Walter Isaacson, being interviewed on Bloomberg’s “What’d You Miss, lamented the current state of the media, saying that news coverage and bias was the at least partially at fault for the “enormous political divide” in the U.S.  Now leading the Aspen Institute’s education and policy studies, Isaacson said that the polarization and partisan hostility “have been exacerbated by all forms of media. People are getting more and more partisan.” He also pointedly refused to accept the standard “It’s all Fox News’ fault” rationalization, saying, “I put everybody [in the media] in the category, including all of us, that we can step back from knee-jerk partisan elections…that would be good.”

Isaacson’s statements are too mild and meek, and not exactly a ringing rebuke, but it’s a step in the right direction. I’ll take what I can get. Continue reading

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Obama, Trump, And The Avoidable “Two Presidents” Ethical Dilemma

trump-and-obama

Yesterday, Donald Trump sent out not just one but three tweets that directly interfered with current U.S. policy efforts, involving the costs of a new jet fighter plane, nuclear weapons, and a U.N. resolution criticizing Israel. This understandably is causing consternation in the Obama administration, because Trump is exercising influence without authority. Until January 20, 2017, Donald Trump has no official position or authority in the government at all. He does have power and influence, however, because everyone knows that he will have authority very soon.

What constitutes abuse of the power and influence? Should a President Elect be a mute and invisible presence until he is officially sworn in, so as not to interfere with the current President’s discharge of his duties?

For the lame duck Chief Executive, with slightly more than two months left in office and vastly diminished influence, the ethical problem is different. How much should he defer to the incoming President, and not take actions that will seriously interfere with the policy directions the new President  may choose to take? Once the will of the people has been made clear at the ballot box, is it fair and responsible for current President to actively work against the likely agenda of the incoming President?

Finally, if a lame duck President is attempting to undermine the objectives of the incoming President before that President Elect takes office, is it unethical for the President Elect to use his influence and power to stop him, or at least mitigate the damage? Continue reading

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Sometimes It All Comes Together…But First, A Song!

As those who have read here for a while know, among my fondest passions, virtually life-long, are baseball,  theater and ethics. Today, I have the pleasure of seeing them all come together in a single event. How often does that happen?

At noon, I will be giving my most recent musical Continuing Legal Education ethics seminar, “Ethics Cabaret,” at Nationals Park in D.C. prior to the Mets-Nats game. “Ethics Cabaret,” like its six predecessors, presents legal ethics hypotheticals  as parodies of pop, rock, Broadway or country-western standards, presented by a professional performer. In this case, the performer is American Century Theater veteran Esther Covington, who accompanies herself on the keyboard. I write the songs that make the young lawyers cry, but she sings them, beautifully and often hilariously.

Speaking of Barry Manilow, my favorite segment of the seminar is the parody of one of his signature songs, which you can hear above—it’s an ear-worm, so be careful. The legal ethics version is about “Bridge of Spies” and the many quandaries raised in the film, which I examined in this post earlier this year. The parody is called “Who is the Client?,” lyrics-only copyrighted by ProEthics. Here they are….you can sing them along with Barry’s version! Continue reading

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