Tag Archives: negotiation

Saturday Ethics Warm-Up, 7/21/18: Seven Questions For A Rainy Day: UPDATED!

Good afternoon!

1. What did you expect? Following close on the heels of Scott Pruitt’s firing from the EPA as a result of blatant ethics violations, Commerce Secretary Wilbur Ross said last week that he would sell all of his stock holdings to “maintain the public trust” after the Office of Government and Ethics pointed out that his financial transactions could get him into legal trouble.

“I have made inadvertent errors in completing the divestitures required by my ethics agreement,” Ross said in a statement. “To maintain the public trust, I have directed that all of my equity holdings be sold and the proceeds placed in U.S. Treasury securities.”

To maintain that public trust. Right.

The culture of CEOs and business executives is so alien to ethics that this kind of thing was assured as soon as Donald Trump was elected President. I wouldn’t say the business culture is necessarily more unethical than the political culture, it is juts unethical different ways. However, President Trump brought this brand of malfunctioning ethics alarms with him, and we shouldn’t expect it to abate until he leaves the White House.

Then we will get back to the good old-fashioned political versions of unethical conduct we’re become numb to. Ah, those were the days!

2. A question of degree. Professor Brian McNaughton, a former professor at Colorado State University, is facing a felony charge for fabricating an outside job offer to get a higher salary. This meets the technical definition of fraud. Apparently he presented the school with fabricated offer letter from the University of Minnesota. McNaughton resigned his position and apologized, and returned the fruits of the ill-gotten  raise,  about $4,000 per year over four years.

He also says that he was urged to use the tactic by other faculty members, who said it was a standard ploy. When does the “I have other job offers” gambit cross the ethics line into fraud? Clearly when you use a forged letter, but short of that, it’s just lying—unethical, but not criminal.

Writes one idealistic commentator:

…if an employee is performing a job and is good at it, that person should be compensated for it accordingly and in line with individuals within the same organization at an equivalent level professionally (ideally pay should be bench-marked against similar-sized institutions in states or parts of the country with comparable income ranges). Does a job offer and the suggestion that the employee is desirable to another organization change how well that person is performing? Promotions and rewards should be directly related to performance and an individual’s contribution to the organization and to science.

Well, yes, but competition and reality interferes with this nice, fair but overly simplistic and impractical theory. In fields where employees are not fungible, basic economic theory comes into play: you can’t deny the influence supply and demand. The fact that there is competition for an individual’s services does increase that individual’s value. Just saying “it shouldn’t be that way” doesn’t change reality. That’s what makes McNaughton’s lie fraudulent: he’s misrepresenting his value, and using false means to do it.

3. Would you fire Dan Coats for this?

Naturally the anti-Trump mob loved it, and that was the director of national intelligence’s intent: he was playing to the mob and virtue signaling to the detriment of his boss. Either than, or he’s thoroughly unprofessional and can’t be trusted to be on TV. Washington Post reporter Dan Baltz is either foolish, naive or dishonest when he writes: Continue reading

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Saturday Afternoon Ethics Stimulus, 5/26/2018: The Sad Part Is That None Of This Is A Surprise

Happy Memorial Day Weekend!

1.  From the “Bias makes you UNBELIEVABLY stupid, especially, apparently, if you’re a journalist” files: Ann Althouse posted this screen shot of memeorandum, an excellent  news aggregator page:

I wrote earlier about how many of the anti-Trump mob, in the news media and out of it, appeared to be actively rooting for the President’s diplomatic efforts with North Korea to fail, and how his Negotiation 101 move of symbolically walking away from the planned summit would probably be misunderstood and misinterpreted because of the current toxic combination of bias and ignorance, but this is ridiculous. Writes Althouse—who despite multiple polite requests refuses to put Ethics Alarms in her links despite its covering a lot of parallel territory, despite the many frivolous or largely inactive blogs she does link to, and despite the multiple plugs and links I give her, but hey, I’m not bitterContinue reading

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Morning Ethics Warm-Up, 5/24/2018: ‘Can’t We All Get Along? Nah…’ Edition

Good morning!

1. What? Negotiation competence? Boy, we haven’t seen THAT for a while. President Trump just pulled out of the scheduled summit with North Korea, a public lesson in Negotiation 101. If only Barack Obama had taken the Art of the Deal seminar before capitulating to Cuba and Iran. the letter the current elected President just sent to North Korea could not be more obvious in its devices, but I guarantee you that my negotiations professor at law school, Dean Adrian Fisher, one of the negotiators of the SALT treaty, would have approved. Here’s the letter, released this morning.

This is another ethics test, by the way. Take note of who criticizes the President for this, for they  will be revealing themselves as either reflex-Trrump haters or the kind of people used car dealers love to see walking in the door.

2. “A Nation of Assholes” update. It is now beyond dispute that the concept was right but that I badly misjudged the population that I thought would be primarily affected. My theory in the 2015 essay was that that having an ethics-challenged boor like Donald Trump as President would degrade the ethical standards of the public through the “rotting fish head” process: people follow the leader. Well, that has happened too, but the worst asshole transformation has beset progressives and “the resistance.,” as their behavior gets worse by the hour. Continue reading

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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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