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Morning Ethics Warm-Up, 12/21/2018: Getting The Tree Lights On In One Day Victory Lap Edition, Featuring Sports, Movies, Jerks And “Bambi”

/ Jack Marshall / 14 Comments

Happy Holidays!

Seven hours, one serious needle wound, and 1300 lights later, victory! I’ll finish the decorations when I get back home, IF I get back home…

1. Itinerary…I’m heading to New Jersey via train to hook up with the brilliant Mike Messer, what we call “the talent,” in an encore rendition of the musical legal ethics seminar, “Ethics Rock Extreme,” lyrics by yours truly, musical stylings by Mike, on the guitar. Then it’s back to D.C. by air on Saturday, if I’m lucky. If I’m not lucky, I’ll be taking the New Jersey bar exam in the Spring…

I have no idea how or whether I’ll be able to keep Ethics Alarms on track once I board the train this afternoon. I’m not going to launch a second Open Forum in leas than a week, so please keep working on the current one here, now at 130 entries and counting. I will be reviewing those on the road, and I’m sure there will be some Comments of the Day to post, eventually.

2. In case I am trapped in New Jersey…Let me alert everyone that Peter Jackson’s apparently terrific (based on the reviews) WWI documentary “They Shall Not Grow Old” will be playing in theaters on December 27, and after that, who knows? The American public’s ignorance about that war, perhaps the greatest human catastrophe in modern history, is a failure of education, perspective and culture. If you have kids, take them. Here is the trailer:

3. Speaking of cultural literacy and movies, TCM is offering a limited engagement in theaters for “The Wizard of Oz,” on January 27, 29, and 30.

Is there another film that so many people purport to know and love so well without actually having seen it as it was intended to be seen? When I finally saw the movie in a theater—no breaks or commercials, big screen—I was shocked at how different and, obviously, better, the experience was. It’s an artistic masterpiece and sui generis: we will never see its like again, nor talents like Judy, Ray and Burt, among others. Continue reading →

Sunday Ethics Warm-Up, 12/16/18: As Bing And I Dream Of A White Christmas, Pre-Holiday Ugliness

/ Jack Marshall / 9 Comments

Good afternoon!

[For some reason, Bing’s version of the song that begins the film “White Christmas”–accompanied by a music box–is completely off-key. This has bothered me for decades. How could this happen?]

1. Our trustworthy news media. How many news outlets reported this story? In 2016, Tribune Publishing Co. owner Michael Ferro met with corporate leaders from within his news empire, including chief news executives from the Los Angeles Times, the Chicago Tribune and The Baltimore Sun.  During the meeting, he engaged in old-fashioned Jew-bashing, railing about the “Jewish cabal” that ran Los Angeles. In 2018,  Tribune Publishing made the first in a series of secret extortion payments that totaled $2.5 million to avoid a threatened lawsuit filed by a fired newspaper executive who had been in that room, thus keeping Ferro’s anti-Semitic slur out of the news.

Yes, a news organization paid millions to suppress the news. The rest of the story is similarly disturbing.

2. KABOOM! This article made my head explode. Therein, CNN contributor Kate Anderson Bower attacks the First Lady, saying that “she doesn’t understand what it means to be first lady.” The article is perfect 10s all across the board: for arrogance, for bias, for Trump-bashing, for incompetence and historical revisionism. The accusation arose from statements Melania made in an interview with Sean Hannity, stating that the hardest part of her job was having to deal with her and her family being personally attacked by “comedians to journalists to performers[and]book writers.”  Bower writes that Melania was

“again making the job about herself and her family instead of taking the opportunity to talk about the challenges she sees other people facing…The entire moment was a lost opportunity to put attention on the families of struggling Americans she’s met in her role as first lady, especially since she spent time the very next day reading to children at Children’s National Hospital, some sitting in wheelchairs with IVs attached. And the Hannity interview took place on USS George H.W. Bush, a trip the first lady made to support members of the military and their families. Wouldn’t it have been heartening to hear her use that moment during the interview to talk about the women and babies she’s met struggling with opioid addiction, or the children who she has met as part of her “Be Best” campaign who have been bullied at school, or the people whose homes were destroyed in the California fires?”

I’ll tell you what, you presumptuous hack: when you’re First Lady, you show us how it’s done.

There is no job of First Lady for Melania to “understand.” Bower is imposing her values and priorities on the job, and claiming that she knows the job description, which has always fluctuated with the occupant and the times.  The job of the First Lady, to the extent there is one, is to do whatever is possible to help the President of the United States be successful and succeed, using whatever talents she has. There is no obligation for a First Lady to be Eleanor Roosevelt, nor is it written in ink or precedent that the President’s spouse has to concentrate on “the challenges she sees other people facing.”  Jackie Kennedy’s primary project was renovating the White House, where she lived. How did that help the poor and under-privileged?  Lady Bird beautified the shores of the Potomac. How was that a boon to the poor in Appalachia?  Nobody criticized their priorities. I wonder why? Continue reading →

Sunday Ethics Warm-Up, 12/2/18: Stupid Legislature Tricks, NFL Values, And Google Is Now Evil, So Watch Out

/ Jack Marshall / 38 Comments

Good Morning!

Haven’t featured the Battle Hymn of the Republic for a while: it was the musical climax of my Dad’s funeral service at Arlington National Cemetary. My many performer friends sure came through that day. “Wow,” the chaplain exclaimed when the rousing three choruses were finished.

1. On Wisconsin. After a party flip in state governments, the party on the way out will occasionally try to pass lame duck legislation to try to hamstring the new majority. I’m pretty Ethics Alarms has covered other examples of this in the past; if not, it’s because the stunt is usually grandstanding for the base, or mere politics Such laws often fail to  withstand judicial challenge. If a legislature can get away with it, then it’s in the ethics gray zone of politics.

On Monday, the GOP majority Wisconsin legislature will try to pass as much as it can of a huge bill with many dubious or controversial provisions, including some that would limit the new governor’s powers to control the state attorney general, and others that would constrict broad powers the same legislature gave to the defeated Republican governor, Scott Walker. As long as a legislature has power to act, one cannot logically criticize efforts to benefit that legislature’s majority party and its constituents until it has the power to do so no more. If the parties mutually agreed to informally ban such lame duck tricks, that would be wonderful.

As it would be if I could win an Olympic swimming medal.

Sources: Journal-Sentinel 1, 2, 3

2. How clever, and further vulgarizing public discourse, too! I have now heard two ad for Christmas products use the term “elfing,” as in “It’s elfing awesome!” ZOne was a TBS ad for the movie “Elf.”

Really? Obvious plays on the word fuck to promote Christmas and a children’s film? Continue reading →

Saturday Morning Ethics Warm-Up, 7/28/18: Expired Ethics, Sleeping Fact-Checkers, Ghosts, The Dumbest Ethics Train Wreck Of Them All…

/ Jack Marshall / 53 Comments

It’s a beautiful morning!

1. When “Everybody Does it” isn’t just a rationalization. I was asked by a law firm to render an opinion as to whether particular conduct was a violation of the legal ethics rules.  A legal ethics opinion—bar associations issue these periodically to cover gray areas– in the jurisdiction said that it was, but the opinion was over 20 years old. The reasoning given in the opinion for declaring the conduct unethical was that the practice was “new to the jurisdiction” and might mislead or confuse the public.

Today, however, my research showed, the conduct is commonplace in that jurisdiction. Many, many law firms engage in it. What was new two decades ago is new no longer, and the reasoning for the opinion’s conclusion was based on conditions that no longer exist. Moreover, no firm has been punished for the conduct, and won’t be.

The firm was concerned that the legal ethics opinion had not been over-ruled or withdrawn. I said that it didn’t have to be. “Everyone” was engaged in the conduct it forbade, the bar had allowed “everyone” to do it, and if an issue was raised now, I am 100% certain that the old opinion would be withdrawn as no longer reasonable or germane.

2. One more human feature that makes ethics harder: the ability to simultaneously hold two contradictory and mutually exclusive beliefs.

I was watching one of the apparently inexhaustible supply of cable shows about haunting and paranormal investigations with my wife. This one climaxed in a session with a Ouija board, and the love of my life uttered, within seconds of each other, these two statements:

  • “It’s amazing how many otherwise intelligent people really believe in ghosts and demons.”
  • “Ouija boards! I wouldn’t allow one of those things in the house. I’m not taking any chances.

I have heard many other friends and acquaintances endorse both of these positions as well.

3. It is the study of how one discerns the truth, after all. Who needs it? They no longer teach ethics in our education system, and now apparently philosophy is on the way out. Claremont Graduate University in California will be closing the PhD program in philosophy and terminating two tenured faculty. Apparently the move was dictated by budget and “market considerations.” The Claremont colleges in Southern California are a distinguished and growing batch consisting of Pomona, Scripps, Harvey Mudd, Claremont-McKenna, and Pitzer. They still have a philosophy faculty, but I wonder for how long.

I was tempted to check the curriculum of these schools to see what kinds of courses were deemed worthy of support while a graduate degree in philosophy was not, but I decided that it would make my head explode. Continue reading →

Morning Ethics Warm-Up, 4/3/2018: Hypocrisy, Exploitation, Fake Definitions And Fake News

/ Jack Marshall / 46 Comments

Good Morning…

…and believe me, it takes a super-human effort for me to say that right now…

1.  Good. Rep. Esty is not running for re-election. We discussed her hypocrisy in a post two days ago. Now she says, “Too many women have been harmed by harassment in the workplace. In the terrible situation in my office, I could have and should have done better.” This would have been a meaningful and productive statement if she hadn’t previously insisted that she handled the matter correctly and refused to be accountable. She did, however, and mouthing platitudes now should not alter the verdict that she was a cynical and grandstanding #MeToo performer who, when time came to act according to the standards she was demanding of others, failed miserably.

2. Anybody know of an ethical computer protection service? I now have two ghost services torturing me with pop-up ads, slowing down my computer, and generally behaving like a virus because I cancelled them. When I cancel a service I allowed onto my computer, I expect them to say good-bye and leave. I do not recall agreeing in my original contracts that “the undersigned hereby agrees that if for any reason he chooses to end his relationship with ____________, the service will continue to hound him with warnings, special offers, unrequested scans and other harassment until he dies or throws his computer out the window.”

The two companies at issue are AVG and McAfee. I will chew off my foot before I engage either of them again.

3. Big Brother’s way of winning a debate: change the meaning of the terms so you can’t lose.  After the repeated misuses of the term “assault rifle” as a disinformation and fear-mongering tactic by the anti-gun mob were flagged by Second Amendment supporters to the embarrassment of the zealots, Mirriam-Webster rode to the rescue,  changing its online dictionary entry for the term so its ignorant ideological allies could now cite authority:

On March 31, 2018, the following definition was published:

noun: any of various intermediate-range, magazine-fed military rifles (such as the AK-47) that can be set for automatic or semiautomatic fire; also : a rifle that resembles a military assault rifle but is designed to allow only semiautomatic fire

Translation: “This is what the term really means, but it also means what ignorant politicians, journalists and activist refer to erroneously as the same thing even though it’s not, because we support them and this will make it easier for them to mislead other without looking dishonest and foolish.”

[UPDATE: There is some question of whether that definition was added before or after Parkland. Reader Steve Langton reports that he read the current version a couple of days after the shooting.]

Continue reading →

Morning Ethics Warm-Up, 12/30/2017: Is Robert Mueller Biased? Are The Patriots Cheating Again? Is Larry Tribe Deranged? Is President Trump A Robot?

/ Jack Marshall / 18 Comments

Good Morning!

(Nothing better than waking up to a light dusting of snow!)

1 When you can keep your head when all about you are losing theirs…Alan Dershowitz, a Democrat and legal expert who has prominently avoided the ravages of anti-Trump mania that have crippled so many of his distinguished colleagues, tried to clarify several issues in the Mueller investigation on Fox News.

On Special Prosecutor Mueller personally and professionally: “I don’t think he’s partisan, I don’t think he cares whether the Democrats or the Republicans benefit from this.I think he’s a zealous prosecutor and if he were going after Hillary Clinton, he’d be going after her with as much zeal.”

On his investigative team: “Now that’s not true for some of the people on his staff. He should never have allowed these people to serve on this investigative staff, if they had the points of view that they’ve had towards Hillary Clinton and towards Donald Trump. That was a mistake…when you’re going after a president or a presidential candidate, you have to be ‘Caesar’s wife,’ you have to be above reproach, and he didn’t do a good enough job in vetting the people that he brought on to the prosecution and the investigative team, and that hurts his credibility.”

Correct, and obviously correct. So why is the White House and Fox News being criticized daily for questioning the legitimacy, fairness, objectivity, and independence of the investigation? It doesn’t matter if Mueller is personally fair and objective if he appoints biased and conflicted lawyers to do the work. That still means the investigation is compromised and untrustworthy. It also means that Mueller undermined the investigation exactly the way he could not afford to if he wanted its results to be accepted.

There is nothing inappropriate about those being investigated pointing out bias, incompetence and conflicts of interest by the investigators. Criticism of a legitimate complaint, backed up by facts, indicates that those critics  don’t care about bias, incompetence and conflicts of interest, if they lead to the result they crave.

2. Suspicion! Why would the NFL’s New England Patriots sign a washed-up, 39-year-old Pittsburgh Steelers veteran, James Harrison, with only one game left in the regular season, at a cost of about $60,000 for that game and for any play-off games the Patriots participate in? Harrison has barely played all season, is no longer a top performer, and was a discordant and disruptive presence in the locker room. Many sportswriters and fans believe that he is being paid by New England to be a turncoat, and to reveal  Steelers’ secrets that might provide an edge if the Patriots, as many expect, have to defeat Pittsburgh on the way to another Super Bowl. The Patriots have been caught cheating more than once. Would this be cheating?

I assume not, unless Harrison had an enforceable non disclosure clause that prohibited him from revealing Steelers plays and strategies even after he was no longer on the team. Indeed, it would be unethical for Harrison not to help his new team in any way possible. When New England signed him, they signed his body, mind and accumulated experience. Continue reading →

I’m Curious: Do Women—Any Women, A Lot Of Women, Adult Women, Rational Women—Think This Times Column Makes Sense? (Because It Doesn’t)

/ Jack Marshall / 37 Comments

Jerry Richardson (above), the 81-year-old original owner of the Carolina Panthers in the NFL,  has decided that rather than ride out the sexual harassment allegations  recently reported  by Sports Illustrated, the wisest (and most lucrative course) will be to sell the team after this season. His profit will be somewhere in the billions, not that he isn’t a billionaire already.

New York Times sportswriter Juliet Macur is grievously offended by this, writing,

“Here’s what would make more sense: For Richardson to announce that the proceeds of the sale — or even just a couple hundred million? — would be donated to the women he harassed…[Many men] have been chased from the top of their professions for disgusting behavior involving women they worked with. They are suddenly pariahs, their reputations destroyed. But they remain very rich men, and their families, for generations, will be able to live off the financial rewards they collected while perpetuating these offenses….Richardson, who made his fortune in the fast-food industry, might be the richest of all the men accused in the #MeToo movement so far. Perhaps it’s appropriate, in a legal sense, that he is able to sell his company and walk off the stage. But it doesn’t seem morally fair that he should benefit so richly from it.”

This is pure, unadulterated emotionalism and indignation unfiltered by thought or coherent societal values. If these are the kinds of ethical arguments—and it is an ethical argument–major information sources are going to publish as worthy of being injected into public discourse, we might as well tear up the laws, forswear ethical systems, embrace passion, anger, vengeance and the rest as our sole tools to govern human affairs, and resign ourselves to chaos. Continue reading →

Your NFL Anthem Protest Ethics Train Wreck Update…

/ Jack Marshall / 25 Comments

It’s Sunday, so the question naturally arises: What are NFL players kneeling during the National Anthem to protest now?

In Houston, a majority of Houston Texans players “took a knee” during the National Anthem prior to today’s game against the Seattle Seahawks, presumably to protest  team owner Bob McNair’s botched comment last week when he said allowing the protests was like letting the inmates run the prison. He probably meant to say “asylum” rather than prison. NFL players, so many of them being accused or convicted felons, are understandably tender on the prison topic. McNair quickly apologized, but it doesn’t matter.  After all, there has to be some excuse for protesting the Star Spangled Banner, right?

What I can’t figure out is, if you take a knee to protest the incorrect use of hackneyed phrases, does that mean you aren’t protesting social inequities in America? Does such a protest mean these players care more about their hurt feelings than solving social injustice, since kneeling during the Anthem does so much to further that goal? Continue reading →

Comment Of The Day: “Your NFL Anthem Protest Ethics Train Wreck Update: Incompetent Quotes”

/ Jack Marshall / 111 Comments

…or, in the alternative, are you ready for some vague, annoying protest by a scattering of players during the National Anthem, and THEN some football?

This Comment of the Day is from me, Jack Marshall, blog proprietor and moderator. 

I just finished writing it in response to a comment that I almost described as another incompetent quote; my comment begins with it. But that’s not really fair. What prompted this indeed is a spectacularly wrong quote, but still a useful one. This is the value (I hope) of discourse here. Even wildly misguided debate points can enlighten. This one enlightened me: now I know that the supporters of the NFL Kneelers are, beyond question, not processing reality, either out of confusion or ideological fervor. Their position does not make sense; it’s as simple as that.  I have to read a clear, purposeful expression of a bad argument sometimes to understand what exactly is so wrong with it.

This is a depersonalized version of what I just wrote in the comment thread, which was a bit mean. (It also had some typos, which I think I fixed, and a couple of other edits.) Luckily, I know that the recipient, unlike some people, won’t sue me for hurting his delicate feelings, if in fact I did.

Here is my Comment of the Day on the post, Your NFL Anthem Protest Ethics Train Wreck Update: Incompetent Quotes:

“Since when do one’s “deeply held convictions” give one the right to force others to live by them? No NFL viewer’s deeply held convictions are meaningfully threatened by this silent protest. They remain free to show respect to the flag in whatever way feels right to them. You are the one advocating for a restriction of the NFL players’ freedom of expression. And while that restriction is legal, it is neither ethical nor necessary. It is, in fact, petty and stupid.”

This is, honestly, willfully or naively obtuse.

The NFL players ARE restricted by the nature of their work and the business they work in. This is so simple.

I am a perfect example of the problem you seem incapable of grasping. I am the Customer. I go to entertainment, like everyone else who does, to be entertained. I do not go to be involuntarily shamed, “Woked”, harangued, persuaded, bitched to or proselytized, silently, verbally or symbolically. I’m not paying for that, and it interferes with my enjoyment, both substantively and as a matter of principle. If said entertainment advertises that “before the game/show.performance, the captive audience will be subjected to a brief but heart-felt statement by the players/actors/performers regarding [IT DOESN’T MATTER], I appreciate the candor, and I’m not buying a ticket. If establishments that grants me admission in exchange for my attention, patronage and hard-earned cash,  pollutes my entertainment by allowing  this non-entertaining content without notice, I regard it as a breach of our deal.

Remember, I ran a professional theater company, successfully, for 20 years. And the nice, often progressive actors, board members and staffers were always asking that we have a “curtain speech” urging the audience to contribute for this cause or that crisis, AIDS research,  to help a member of the theater community who had been attacked by wolves or something equally terrible, or even to raise money for my company. My answer was always the same.

NO. NEVER. We do not take advantage of our audience that way, and exploit the fact that they are seated expecting a performance to force a lobbying effort on them, and it doesn’t matter if I agree with the cause or not. It’s wrong, It is in fact, the Saint’s Excuse. (Everybody Does It was also often cited.)

I wasn’t limiting anyone’s freedom of expression then, and no one is advocating restriction of the NFL players’ freedom of expression now. They can say and write whatever dumb (or not) thing they choose when they are not doing the job their employer is paying them to do. Continue reading →

Your NFL Anthem Protest Ethics Train Wreck Update: Incompetent Quotes

/ Jack Marshall / 66 Comments

The more NFL players, owners, brass, and other fellow travelers on the NAPETR talk about this fiasco, the worse it gets.

Incompetent Quote #1:

“What I see with the N.F.L. owners is a bunch of good old boys telling the players: Stay in your place.”

 ——Black Lives Matter demonstrator outside NFL headquarters.

Comment: “In their place”  in this context means“doing the job for which they are paid millions of dollars and not undermining the business of their bosses by irresponsible non-football activities on the field. “ Yup, telling employees to stay in their place is what all employers do,  must do, and have every right, indeed an obligation to do.

Calling such employers “good ol’ boys” is bigotry and race-baiting, which is what racist organizations like BLM do.

Incompetent Quote #2:

“We need to be above petty attacks from anybody, because racial and socioeconomic inequality has existed in this country for too long,”

 ——- Jed York,the chief executive and co-owner of the San Francisco 49ers, which started this mess. Continue reading →