Morning Ethics Warm-Up, 11/1/2017: The New York Terror Attack, Indictment Hype, A New Statue Makes My Head Explode, And Jack Russell Ethics

Good Morning, November!

[Programming Note: My original and stated (in the comments) intention was to devote the whole Warm-up to the jaw-droppingly dishonest and contrived media outrage over John Kelly’s completely accurate and reasonable comments regarding the The Confederate Statuary Ethics Train Wreck yesterday. You know, Kelly’s critics should realize when political correctness and false narratives literally require them to argue the opposite of the facts they are using to support their false arguments, that should set off an ethics alarm—but don’t get me started now: I’m going to do the next post on this. There is too much going on not to use the Warm-Up to clear the jam.]

1 I was just nauseated by New York Mayor Bill de Blasio‘s fatuous remarks at the press conference regarding yesterday’s terror attack. Essentially he channeled Michael Moore’s disgraceful riff after 9-11: terrorist attacks are just little bumps in the road that we have to get used to, there’s nothing to be done, it’s a tragedy, but nothing to freak out over, New Yorkers are resilient, the attack failed because the Halloween parade went on as planned, and he’s so proud of the city’s residents  for going on with business and pleasure without submitting to fear and intimidation. Then Governor Cuomo seconded him.

This isn’t the London during Blitz, or Tel Aviv under daily assault by Palestinian scuds. The United States doesn’t have to shrug away terrorists and terrorism. De Blasio’s attitude is politically calculated to undermine serious efforts to stop terrorists from entering the country.  I, for one, do not accept that the future of the United States includes accepting an unacceptable probability that I am going to be blown up, shot or run down by someone, heaven knows why, screaming, “Allahu akbar!”

2. The original sub-title of the Warm-up was going to be, “Now the Left is really starting to scare me.” That title would be appropriate to describe my reaction to yesterday’s tweet by increasingly deranged Times op-ed columnist Nicholas Kristof, who wrote (Remember, Twitter is an invention of Satan to make people destroy their credibility);

“The NYC terrorist had a pellet gun and a paintball gun. Good thing that in NYC he couldn’t buy assault rifles, or the toll would be higher.”

How shameless and obsessed does an anti Second Amendment fanatic have to be to use a terrorist attack employing a truck (to kill 8 and wound 12) as a platform for gun control hectoring? Kristof’s  point was willfully dishonest and ignorant. The pellet gun and paintball gun were irrelevant to the attack. Terrorists are not dissuaded by laws; if Sayfullo Habibullaevic Saipov had wanted to use a gun in the attack, he could have acquired one. Moreover, New York’s gun laws weren’t involved: Saipov was from Florida, where he could have legally have bought all sorts of deadly firearms.

3. Jack Russell Ethics: last night, for no discernible reason, my dog decided to bark furiously to go outside at 2 am, 2:30, 3: 10, 3:25, 3: 48, 4: 12 and again around 5 this morning. This on the first night in over a week when I wasn’t plagued by insomnia. Twice he issued a high-pitched, sharphysterical bark that I have never heard before: Rugby has a large and eloquent repertoire of yips, barks, wheezes, snorts, quacks, purrs, growls and other noises yet to be named; I know what they all mean, but this one was indecipherable.  When Rugby was outside, he didn’t relieve himself; he was in full alert, guarding mode.

I have no idea what was going on. I was finally able to calm him down by curling up on top of the sheets with him, and talking to him quietly about the World series while he happily licked my hands. Eventually the dog fell asleep. I, however, never did. Today is officially wrecked.

Why, Rugby? WHY???

4. The misleading news media reporting on the Special Counsel indictments are another smoking gun example of how untrustworthy and biased our journalism has become. The Manafort-Gates indictment literally had nothing to do with obstruction of justice or the Russian collusion theory, but to listen to broadcast news reports and commentator bloviation on the topic, one would think that the President is minutes away from being frog-marched out of the White House in cuffs. Naturally, the President is annoyed by this. I don’t blame him. Everyone should be annoyed by it.

Ken White of Popehat, a former federal prosecutor, summed up the indictments this way:

“The Manafort/Gates indictment is a fairly standard “kitchen sink” white collar indictment that illustrates the wide array of tools available to federal prosecutors, as well as the power prosecutors have to use an investigation to provoke further federal crimes as leverage against the foolish.”

That nicely describes what happened to the third individual, an obscure Trump campaign advisor who pleaded guilty to lying to the FBI about conduct that wasn’t illegal by any definition. Ken’s entire post is worth reading, as well as linking for your clueless, ranting Facebook friends.

5. This story makes me glad I have the Warm-Up to cover awful things like this without devoting a full post to it, because I would have to devote a full post to it, and the disgust might kill me. Even this short report made my head explode, however. KABOOM.

The District of Columbia, through  the Executive Office of the Mayor,  the D.C. Commission on the Arts and Humanities (DCCAH) and the Marion Barry Commission, is going to spend $300,000 to have an eight foot statute of Marion Barry erected outside the John A. Wilson Building along Pennsylvania Avenue in the nation’s capitol. It is scheduled to be unveiled in for March 6 of next year, Barry’s birthday.

I shall not mince words. I would fall down on my knees and sacrifice a virgin in front of  a statue of Robert E. Lee before I would voluntarily gaze respectfully at a statue of Marion Barry. His most memorable act was getting caught on video smoking crack cocaine with a former mistress, while he was mayor and making regular speeches to inner city school children about the evils of drugs. He openly cheated on his wives while serving as mayor, “catting around” the District late at night, looking for “fun.”. Later he was indicted for failing to pay his taxes, year after year, while serving as an elected official.

As a city councilman after spending time in prison, Barry used tax-payer money to hire his girl friend for a job she was completely unqualified for, then argued that since there was no law against doing that, it was ethical. There is a rationalization named for him on the Ethics Alarms Rationalization List:

4. Marion Barry’s Misdirection, or “If it isn’t illegal, it’s ethical.”

The late D.C. Mayor and lovable rogue Marion Barry earned himself a place in the Ethics Distortion Hall of Fame with his defense of his giving his blatantly unqualified girlfriend a high-paying job with the DC government. Barry declared that since there was no law against using the public payroll as his own private gift service, there was nothing unethical about it. Once the law was passed (because of him), he then agreed that what he did would be wrong the next time he did it.

Ethics is far broader than law, which is a system of behavior enforced by the state with penalties for violations. Ethics is good conduct as determined by the values and customs of society. Professions promulgate codes of ethics precisely because the law cannot proscribe all inappropriate or harmful behavior. Much that is unethical is not illegal. Lying. Betrayal. Nepotism. Many other kinds of behavior as well, but that is just the factual error in the this rationalization.

The greater problem with it is that it omits the concept of ethics at all.  Ethical conduct is self-motivated, based on the individual’s values and the internalized desire to do the right thing. Barry’s construct assumes that people only behave ethically if there is a tangible, state-enforced penalty for not doing so, and that not incurring a penalty (that is, not breaking the law) is, by definition, ethical.

Nonsense, of course. It is wrong to intentionally muddle the ethical consciousness of the public, and Barry’s statement simply reinforces a misunderstanding of right and wrong.

As mayor, he hired cronies, crooks and con men to high ranking posts; many of them eventually went to jail. The D.C. government has never recovered from the culture Barry established. It is still dogged by corruption top to bottom; the last mayor barely avoided a conviction, but seemed pretty clearly guilty of paying off a political adversary to get elected. Barry is a hero to many because he openly, unapologetically, used his office to hire as many blacks as he could, often in complete defiance of any standards or qualifications. Hiring based on race is also called “discrimination.” He used the city payroll as a social welfare program, with the result that the city ran up crippling deficits and debt.

Honoring a corrupt public official as a hero in the District is a catastrophic decision, ensuring that the toxic cultural values that plague the black community in D.C. will not only persist, but that their advocates will have a champion and role model to help them persist. Yet if this community insists that Marion Barry should be honored, crook, rogue, hypocrite and sociopath that he was, that choice should be respected, and respected forever. I would never advocate tearing down Barry’s statue, though if I were a really big pigeon, it would be in my bomb-sights at every opportunity. Indeed, it is important to remember that such a cynical, corrupt leader was regarded as a hero, and why.

Heeeeere’s MARION!

 

 

But…But… It Doesn’t Mean He’s Not A Good Lawyer!

RIP, Snoopy.

This is a fascinating example of the legal community’s incomprehensible standards regarding who is and who isn’t fit to practice law.

In New York,  the bar took away lawyer Anthony A. Pastor’s license after he violently killed his girlfriend’s poodle “Snoopy.” See Matter of Pastor, 2017 NY Slip Op 06729, (App. Div. 1st Dept. Sep. 28, 2017).

An autopsy revealed that Snoopy  had nine broken ribs, a crushed kidney and massive internal bleeding, all at the hands of Pastor.

In disbarring Pastor, [ Matter of Pastor, 2017 NY Slip Op 06729, (App. Div. 1st Dept. Sep. 28, 2017)], the court noted that the sentencing judge’s comments that the respondent’s conduct “‘showed almost incomprehensible violence, and malice,’ that the dog was in ‘excruciating pain’ up until she lost consciousness while respondent ‘sat down at his computer in the most cold-blooded manner, and went to work, knowing that the dog lay dying, . . . on the floor behind him.’”

Nice.

But what does it have to do with whether the creep is a competent, honest, trustworthy lawyer?

Again I note that John Edwards never faced discipline for his massive deceptions and machinations, while his wife was dying of cancer, and while he was running for President. This conduct directly implicated trust and character, yet the refrain of Edwards’ colleagues was that his deceptions and cruelty, while clearly unconscionable, did not involve the practice of law, and thus did not preclude Edwards continuing to be regarded as a trustworthy lawyer. Are they kidding? I wouldn’t trust John Edwards to mail my water bill. Still, I hear this argument all the time in my legal ethics classes. One hypothetical is about a law partner who is caught cheating at poker in a regular game among fellow attorneys. Does that conduct mandate reporting him to the bar for discipline? Most lawyers say no.

They are wrong. Continue reading

Morning Ethics Warm-Up: 7/25/17

Good Morning!

1. The National Review began its story on this topic thusly:

“California and New York will become the first states to allow illegal immigrants to practice law and be sworn in as lawyers. In so doing, they will grant the privilege of upholding the law and defending the U.S. Constitution to people who have intentionally violated the rules, and who have no right whatsoever to be here.”

This is a fair and objective description. I detest conservative radio talk show host Micheal Savage, who wrote a right wing attack tome called “Liberalism is a Mental Disorder” just as I detest that title, and the approach to civil discourse and political disagreements that goes with it. (Ann Coulter preaches the same message, but is funnier when she does it.) However, when I read about things like this, I feel a magnetic pull to the position. In 2013, Governor Brown  signed into law a provision allowing illegal immigrants to be awarded licenses to practice law in the state California. At the same time as he vetoed nother bill passed by his reliably wacko legislature that would have allowed those who would not obey the nation’s immigration laws to be eligible to serve on juries, and thus pass judgment on the alleged crimes of U.S. citizens. Ponder that contrast for a minute, and see if your head explodes. Brown had a convoluted explanation for the seeming contradiction, but what he was doing was obvious: he was pandering to illegals and their supporters. Serving on juries is an obligation of citizenship that citizens find onerous: telling illegals that they didn’t have to meet this obligation while still harvesting citizenship benefits was a welcome decision.

At the time I wrote,

“I am not surprised by this turn of events, just made nauseous by it. I almost closed comments for this post. If I really have to explain to someone why those who have never taken affirmative steps to become citizens in this country should not be allowed to practice its laws after years of being in defiance of its laws, I’m not sure its worth the effort.”

Continue reading

Ethics Quiz: The Neglectful Mom

An upstate New York mother allowed her 10-year-old child to shop alone at the LEGO store as she shopped at a different store in the same mall. It appears that the LEGO store’s personnel called the mall’s security, and the child’s mother was arrested and charged with endangering the welfare of a child. The store does have a sign that states that children under the age of 12 must be accompanied by an adult.

Arresting the mother is obviously absurd over-kill. Obviously also, the LEGO store has a right to have whatever policy it chooses regarding unaccompanied children. However the question remains, and is the Ethics Alarms Ethics Quiz of the Day

Is it irresponsible for a mother to allow her 10-year-old to shop alone if the mother is shopping in the same mall?

Related questions as you ponder: Continue reading

On Climate Change And The First Amendment, Yale’s Law School Dean Gives Us A Reason To Be Very Afraid

I just wrote in a comment thread,

“The one thing that could change my mind to believe that Trump is less dangerous than Clinton is that the trappings of Trump and his followers reek of stupidity, and the trappings of Hillary and her allies are redolent of totalitarianism.”

The effort by Democrats and anti-gun zealots to deliberately breach the Fifth Amendment to allow “pre-crime” anti-gun laws was one example of the Obama/Clinton/Sanders left’s creeping embrace of totalitarian principles.

Here is another.

Over the weekend, Robert Post, the current dean of Yale Law School where both Bill and Hillary learned to be unethical lawyers, authored a shocking 0p-ed for the Washington Post. In it, he attached his influence and credibility to the idea that the government should use the power of prosecution to intimidate opponents of government policy and widely accepted left-wing agenda items. I have never seen such a disgraceful breach of academic prestige. If I were a Yale grad, I would be heavily involved in calling for Post’s resignation.

Post is supporting the attempts by Democratic, climate change policy-supporting attorneys general to target Exxon-Mobil for fraud because the company opposes certain climate change measures. This comes after eco-facists like Robert Kennedy, Jr. and climate change shills like  Bill Nye (The Self-Promoting Not-Really-The-Expert-He- Pretends -To-Be  Science Guy) have suggested that “climate change deniers” should be jailed. That’s not the theory, though. The theory is that Exxon-Mobil has defrauded investors by misleading them about the results of their own research. Thus the company has been hit by demands for documents by the Massachusetts and New York attorneys general to reveal all of that research.

Exxon-Mobil, as well as others, has condemned this effort as an attempt to chill First Amendment debate. Post, who has allied himself with the censors because climate change is “settled science,”  bolsters the political inquisitioners’ deceit. “It may be that after investigation the attorneys general do not find evidence that Exxon-Mobil has committed fraud. I do not prejudge the question. The investigation is now entering its discovery phase, which means it is gathering evidence to determine whether fraud has actually been committed,” the esteemed dean writes.

Cute. Of course, once the precedent had been established that the government can force someone into expensive legal defense for “the fraud” of disagreeing with the pronounced truths of the State, then dissent and political opinion will be repressed, suppressed, and discouraged. Continue reading

Fairness To Incompetent Lawyers?

To be fair, Tamara can blame the fact that she thinks this is a good law  suit on her cognitive problems..

To be fair, Tamara can blame the fact that she thinks this is a valid law suit on her cognitive problems…

Why this story didn’t make my head explode, thus rating the KABOOM! label, is a mystery. My theory is that the truly idiotic and ignorant exclamations on Facebook by my usually rational friends about guns in the wake of the Orlando terrorist attack have gradually strengthened my skull’s tolerance to internal pressure.

Once again, I have encountered a news story that required me to check and see if it was a hoax.

Tamara Wyche is a 2013 Harvard Law School graduate who is suing the New York State Board of Law Examiners. She claims she twice failed the bar exam because it refused to provide the same kind of testing accommodations that the law school did for her in her exams there, in recognition of her various cognitive problems. The fact that she flunked while being forced to take the exam under the same rules as everyone else resulted in the large Boston law firm Ropes & Gray terminating her employment. You can read her complaint here.

I confess that I didn’t read all of it: I didn’t want to press my luck with the old cranium.

The 29-year-old Wyche says she was diagnosed with depression and anxiety as a first-year law student at Harvard, and also  suffered several head injuries (?) that resulted in permanent memory problems and cognitive issues, requiring her to take several leaves of absence from her studies. She finally earned her law degree in 2013 thanks to Harvard granting her several doctor-recommended accommodations, including 50% extra time on tests, a separate testing room, and extra break time. She also was exempt from being called on in class, because of a propensity for anxiety and panic attacks.

Allow me to cut to the chase for a second, again in the interest of my dangerously bubbling brains, and perhaps yours. Continue reading

Ethics Quiz: The Pregnant Bar Patron

"Boy, its a good thing nothing human is living in there!"

“Boy, its a good thing nothing human is living in there!”

This one is so rich with chewy ethical dilemma goodness that I had to interrupt writing another post to get it to you.

New York City’s Commission on Human Rights has ruled that bars and restaurants that refuse to serve alcohol or raw fish to pregnant women are committing discrimination. Such a policy by bars and restaurants  violate protections for pregnant women in the city’s Human Rights Law, and constitute illegal bias.

“While covered entities may attempt to justify certain categorical exclusions based on maternal or fetal safety,” the commission said, “using safety as a pretext for discrimination or as a way to reinforce traditional gender norms or stereotypes is unlawful.”

Interestingly, eighteen other states have laws that declare that the use  of alcohol during pregnancy is child abuse.

Your Ethics Alarms Ethics Quiz:

Is it ethical to refuse to sell liquor to a pregnant woman, when the establishment is doing so to protect the fetus from the toxic effects of alcohol, or is it unethical discrimination?

Continue reading

Unethical Quote Of The Month—But Awfully Revelatory, If You Have The Integrity To Accept What It Means—California Gov. Jerry Brown

0404_NWS_LDN-L-BROWN-DC

“Economically, minimum wages may not make sense. But morally, socially, and politically they make every sense because it binds the community together to make sure parents can take care of their kids.”

—–Governor Jerry Brown on April 4, as he signed into law a phased state-wide increase in the minimum wage to $15 dollars an hour.

As Commentary wrote in reaction to this jaw-dropping admission following an irresponsible act, “Good intentions have always inoculated the left against criticisms of the consequences of their policy preferences.” This has become a culture-wide, self-destructive malady during the Obama administration, led by the President. Lately, Obama has become increasingly open about it, as when the President killed the Keystone pipeline citing climate change concerns while admitting that doing so would have no likely effect on climate change, but most of his “signature policies” are similar. The Iran deal bids fair to leave Israel as a smoldering wasteland, and the Iranian government has gone out of its way to demonstrate that it cannot be trusted while already violating, as even Obama admits, the “spirit” of the deal, but God Bless Obama for trying to restrain its nuclear ambitions.

The Affordable Care Act is failing in virtually every respect, fulfilling most of the dire predictions of its opponents, but this is still an “achievement” because, and it’s true, more Americans are insured than before. Obama’s Education Department’s sincere—I’ve no doubt about it—effort to make women feel supported and safe on college campuses seeded extensive due process abuse and discrimination against male students, and the most-gender divided campus community since the Seventies. His civil rights policies and rhetoric have created the worst racial divide since the early 1960’s. The intentions in all of these cases were, at least arguably, impeccable and admirable, and apparently for committed progressives, it is that, and not that the policies in pursuit of Panglossian goals have been societally disastrous, that matters.

The mass insanity of raising the minimum wage is the apotheosis of this mania. Note that I am trying to attribute the best possible motives with this: I have read many conservative writers who believe that the left knows the policy will be catastrophic economically, but because it will be politically useful in the short-term, they don’t care about the long-range consequences. Admittedly, statements like Brown’s makes this difficult for me not to agree with them, except that it is usually considered stupid to tell voters that what you are doing makes no sense.

To state what should be obvious, if  large minimum wage increases don’t make sense economically, that means they are bad policy, incompetent, and thus unethical. And we know–know—that they do not make sense economically.

Here’s economist Robert Samuelson: Continue reading

Three Strong Links: NCAA Cheating, Minimum Wage Delusions, Journalism Standards and Teammate Betrayal

three-links

Here are three essays on current ethics issues, all worth reading and pondering.

1. At Slate, the topic is what constitutes legitimate news, and consequentialism: if a news source publishing non-news creates a real news event because of that publication, does this justify the original publication?

No, of course not. The incident in question involves a gossip site that posted a video shoing Los Angeles Laker Nick Young admitting to cheating on his fiancée, pop star Iggy Azalea. The video was surreptitiously recorded by Young’s teammate, D’Angelo Russell, and now the Lakers are shunning Russell, causing a problem for the team on and off the court. Now is the video newsworthy. Yes, but yecchhh.

The story is here.

2. Commentary discusses the strange trend of liberal legislators pushing extreme minimum wage increases on their cities and states despite risks of serious job losses. California is the latest example. Here is the head exploding quote:

“Why shouldn’t we in fact accept job loss?” asks New School economics and urban policy professor David Howell, who’s about to publish a white paper on the subject. “What’s so bad about getting rid of crappy jobs, forcing employers to upgrade, and having a serious program to compensate anyone who is in the slightest way harmed by that?”

Kaboom. Continue reading

Yet More Casting Ethics: “Hamilton’s” ‘No Whites Need Apply’ Open Casting Call

_hamilton

[ I am back from a speaking engagement that required over eight hours of driving, being in a supposedly “luxury resort” hotel room that had no Wi-Fi for most of my stay and no functioning TV for any of it,  and various other distractions and misadventures that prevented me from posting so far today. I apologize, though it is really the famous Omni Homestead in Hot Springs, VA. that should apologize. The good news is that my seminar was well-received, and that the disappointing trip–this time I was paid only with the supposedly sumptuous two-day  Homestead experience for myself and my long-suffering spouse, including outdoor activities that were impossible due to constant rain and a room with more things in poor repair than a Motel 6—is over.]

 

Broadway’s biggest hit, the Tony-winning  “Hamilton,” is under attack for, of all things, racism.

An open casting announcement on the show’s website read…

“Hamilton” is “seeking NON-WHITE men and women, ages 20s to 30s, for Broadway and upcoming Tours.”

Whaaaat? This joyous musical celebration of America’s founding and its Founders’ inspiration…engaging in racial discrimination? How could this be? Sniffed Actors Equity spokeswoman Maria Somma “The language … is inconsistent with Equity’s policy.”

Yes, this would be because Actor’s Equity has a lot of dumb policies, and like all unions, doesn’t really care about keeping the industry its members work in healthy, productive and profitable, only  making sure as many members as possible have jobs or at least shots at them. There is nothing whatsoever racist or discriminatory about a show that relies on the concept of non-white actors playing the very white Founding Fathers announcing that only actors who can fulfill that conceptual requirement will be considered for roles.

Civil rights attorney Ron Kuby, in an interview with the NY Daily News,  agreed the advertisement might technically violate the city’s human rights law, but that this is because casting is an anomaly. “It’s almost always illegal to advertise on the basis of race, but when you’re casting … it can be a bona fide occupational requirement,” he said. Continue reading