“Oklahoma!”

Monday Morning Ethics Warm-Up, 5/10/2021: “Help! Every Ethics Story I Find Makes Me Want To Jump Into My Shredder!”

/ Jack Marshall / 14 Comments

Remember that Ethics Alarms is dependent on its many scouts, tipsters, fans and friends to keep the content varied and enlightening. As it is I can’t keep up, and having to engage in principled boycotts of unethical news sources (CNN, MSNBC, NPR, Fox News, ESPN, ABC and more) has made research more difficult, since even these blighters of the culture occasionally have something useful to report. Positive stories, those that tell me that society may be heading into the light rather than slithering into the darkness, have been in especially short supply lately, or if they have not, I’m not seeing them.

Speaking of seeing, maybe one reason I am in a rotten mood is that my wife decided that the perfect way to begin the week was by watching the 2008 Canadian film “Blindness,” a smug, would-be ethics film in which much of the world is suddenly rendered sightless by a mysterious pandemic. The movie’s villain is a blind man with a gun, who declares himself “king;” Julianne Moore plays an ophthalmologist’s wife who pretends to be blind so she can stay with her sightless husband as the stricken are rounded up by the government; and the plot has developments like this (from the Wikipedia plot summary):

“A man with a handgun appoints himself “king” of his ward, and takes control of the food deliveries, first demanding the other wards’ valuables, and then for the women to have sex with their men. In an effort to obtain necessities, several women reluctantly submit to being raped. One of the women is killed by her assailant, and the doctor’s wife retaliates, killing the “king” with a pair of scissors. In the ensuing chaos, the building catches fire, with many inmates dying. The survivors who escape the building discover that the guards have abandoned their posts, and they venture out into the city. Society has collapsed, with the city’s population reduced to an aimless, zombie-like struggle to survive.”

Amusingly and predictably, the movie was attacked by organizations representing the blind.

It made me wish I was blind while I was watching it.

1. Wow…the New York Times really is sticking with the debunked “1619 Project” narrative! Nick Rojas writes this in a Times news story:

“The Three-Fifths Compromise, an agreement reached during the negotiations in 1787 to create the United States Constitution, found that, for the purposes of representation and taxation, only three-fifths of a state’s enslaved people would be counted toward its total population. It is regarded as one of the most racist deals among the states during the country’s founding.“

The Three-Fifths Compromise was not racist, and it is only notorious to the historically ignorant and those who have deliberately misrepresented the facts to advance Critical Race Theory. Giving full representation to slaves in the Southern states would have vastly increased the slave states’ power, and made it more difficult to keep slavery from spreading. Historians are mostly in agreement that the compromise was ultimately in the long-term interests of black Americans and began the process leading to emancipation.

Continue reading →

The Supreme Court Holds The U.S. To A Promise

/ Jack Marshall / 15 Comments

“On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands in the West would be secure forever…Because Congress has not said otherwise, we hold the government to its word.”

Thus did Justice Neil Gorsuch begin and end his historic 42-page majority opinion this month in McGirt v. Oklahoma, as the Supreme Court ruled  in a 5-4 decision that the Creek reservation in eastern Oklahoma had never been “disestablished” by Congress, and thus the promise made in a series of 18th Century treaties ensured that the territory remains an Indian reservation for the purposes of federal criminal law, and quite probably in other areas as well.

The decision was overshadowed by more politically debated decisions this month, but it may be the most overtly ethical of the Supreme Court’s recent holdings. Among other virtues, it rejects the false logic of Rationalization #52. The Underwood Maneuver, or “That’s in the past.” That one holds that time erases accountability, an attitude  useful to the habitually unethical, because “moving on” gives them  an opportunity to repeat their unethical and harmful conduct, or worse.

The Underwood Maneuver manipulates the victim of wrongful conduct into forgiving and forgetting without the essential contributions a truly reformed wrongdoer must make to the equation: admission of harm , acceptance of responsibility, remorse and regret, amends and compensation, and good reason to believe that the unethical conduct won’t be repeated.  By emphasizing that wrongdoing was in the past, this rationalization all but assures that it is also lurking in the near future.

Potentially half of Oklahoma will be affected by McGirt. The issue was whether the state of Oklahoma could prosecute Indians accused of major crimes in Indian Country, or if, under an 1885 federal statute known as the Major Crimes Act, such offenses were within federal jurisdiction. The case hinged upon whether the Creek Reservation had been withdrawn or disestablished, by Congress in the lead-up to Oklahoma’s admission to the Union in 1907, thus causing Hugh Jackman to sing.

This is 3 million acres in and around Tulsa we’re talking about here.

With the Court holding that the Creek reservation was never disestablished, four other tribes— the Seminole, Cherokee, Chickasaw and Choctaw Nations in eastern Oklahoma— may benefit from similar rulings. Those tribes’ total territory covers  19 million acres where 1.8 million Americans now live, relatively few of whom are Native Americans. Continue reading →

Morning Ethics Warm-Up, 4/15/2020, As Time Compresses And Weeks Pass Like Minutes: Ethics Déjà Vu

/ Jack Marshall / 1 Comment

Good Morning.

I‘m beginning to feel like poor-chooser Walter Donovan above in the last decent Indiana Jones movie. Every day seems the same, they all run together,  time, at least for me, feels like like it’s accelerating, not slowing down…and these ethics issues start feeling like déjà vu…

1. Chris Cuomo update: The Long Island resident whom Chris Cuomo called a “jackass loser fat-tire biker” in a radio rant that the CNN anchor says never happened gave more details to the New York Post, because, understandably, he’s annoyed.

The 65-year-old longtime resident said he was just out for a bike ride  when he spotted who he thought was Chris Cuomo on property he says the CNN anchor bought in East Hampton last year. Cuomo was with his wife, another woman and three kids. The resident said he stopped and sat on his bike “well over a hundred feet” away,  and said, ‘”Is that Chris Cuomo? Isn’t he supposed to be quarantined?’” Cuomo  started toward him, coming to within about 40 feet, and started screaming,  “Who the hell are you?! I can do what I want! I’ll find out who you are!”

The cyclist says he answered, “Your brother is the coronavirus czar, and you’re not even following his rules . Unnecessary travel!”

Cuomo allegedly replied, “This is not the end of this. You’ll deal with this later. We will meet again!” The cyclist said that he took that as a threat, and the next day called East Hampton police to report the incident. Best quote from the NY Post story: “Sometimes he’s scary stupid.”

Indeed.

2. Meanwhile, the curve on the virulent Trump Derangement Virus has definitely NOT been flattened: Continue reading →

Ethics Dunce: Leroy Schumacher, Grieving Grandfather

/ Jack Marshall / 42 Comments

Two years ago, 17-year-old Jacob Redfearn and two friends, 19-year old Maxwell Cook and 16-year old Jake Woodruff, conspired with getaway driver Elizabeth Rodriguez, 21, to burglarize an Oklahoma home. Dressed in black and wearing masks and gloves, with one of the three young men  carrying a knife, and another brass knuckles, the home invaders were all shot dead by the homeowner’s son, who used a legally purchased AR-15 semiautomatic rifle. Rodriguez was charged with felony murder.

It is tragic that the three young morons met a premature end due to their fatal choices, but it isn’t tragic that the shooter had the means to protect himself and did. That’s not how Leroy Schumacher, the grandfather of  Redfearn, saw it. He maintained that the deaths of his grandson and his fellow home invaders were unfair because the  AR-15 gave the shooter an unfair advantage.

Now we know where Jacob inherited his reasoning ability. Continue reading →

Morning Ethics Warm-Up, 8/27/2019: Desperation

/ Jack Marshall / 45 Comments

Good morning.

1. Here is why the breast-beating about “doing something” about climate change is dishonest, disingenuous, futile and pointless. Brazil is telling the rest of the world, especially nations that developed their own economies with reckless impunity on the way to wealth and power, to back off its demands that Brazil stop burning its own rain forest. Of course it is taking this stance, and Brazil isn’t the only developing nation that will take that position and has every right to take that position.

Brazil’s defiance is also a definitive rebuttal to the argument that the United States should spend billions—trillions?—in virtue-signaling climate change policies that under the most optimistic scenarios won’t “fix” anything without mass cooperation by nations in Brazil’s position—and that’s not going to happen.

2.  The theory: somebody has to pay. A judge in Oklahoma yesterday ruled that Johnson & Johnson  intentionally hid the risks and hyped the benefits of opioids, ordering the company to pay the state $572 million in damages. This is the first trial of a drug manufacturer for the destruction wrought by prescription painkillers.

I don’t know if the verdict is fair, having not seen the evidence and heard the arguments. I don’t know that the verdict will hold up on appeal. The theory used by the state was questionable: the judge found that Johnson & Johnson perpetuated a “public nuisance” by  contributing to an ongoing public health crisis that could take decades to address successfully. Yet there was no proof offered that doctors who prescribed the drugs were misled, or that Johnson & Johnson violated federal drug regulations.

Public nuisance laws typically apply in cases where something interferes with a right common to the general public and results in danger on roads, parks,and other public areas, and not usually public health, which is what the state argued in this case. Johnson & Johnson’s lawyers contended that the state was contorting public nuisance law to the point of being unrecognizable. Of course, the same argument was made when product liability laws started moving beyond the “buyer beware” stage.

Not reading and hearing all the evidence, I can only wonder if this is case of deep pockets being held responsible for a tragedy that had no single, obvious villain. Doctors prescribed drugs approved by federal regulators, and the drug manufacturers supplied them, legally. Then citizens took the drugs, voluntarily, in a political and social culture that increasingly shrugs off drug use and abuse. Continue reading →

Morning Ethics Warm-Up, 5/6/2019: Rosenstein, Barr, Green, And “Oklahoma!”

/ Jack Marshall / 56 Comments

Good morning!

Let’s make this an ethical week…

1 As we watch the desperate vilification of Attorney General Barr by Democrats…it is helpful to consider a recent speech by the now departed second in command at Justice, the ridiculously conflicted Rod Rosenstein. He said in part,

Rampant speculation here in D.C. is that Democrats are terrified that Barr’s promise of investigations of the Hillary Clinton inquiry and the process whereby the Trump campaign was surveilled will reveal serious misconduct in the Obama Administration.  This is, of course, mocked as a conspiracy theory by the people who just had their own conspiracy theory exploded. Here’s the usually reliable Kimberly Strassel in the Wall Street Journal (behind a paywall—sorry).

…Mr. Barr made real news in that Senate hearing, and while the press didn’t notice, Democrats did. The attorney general said he’d already assigned people at the Justice Department to assist his investigation of the origins of the Trump-Russia probe. He said his review would be far-reaching—that he was obtaining details from congressional investigations, from the ongoing probe by the department’s inspector general, Michael Horowitz, and even from Mr. Mueller’s work. Mr. Barr said the investigation wouldn’t focus only on the fall 2016 justifications for secret surveillance warrants against Trump team members but would go back months earlier.

He also said he’d focus on the infamous “dossier” concocted by opposition-research firm Fusion GPS and British former spy Christopher Steele, on which the FBI relied so heavily in its probe. Mr. Barr acknowledged his concern that the dossier itself could be Russian disinformation, a possibility he described as not “entirely speculative.” He also revealed that the department has “multiple criminal leak investigations under way” into the disclosure of classified details about the Trump-Russia investigation.

Do not underestimate how many powerful people in Washington have something to lose from Mr. Barr’s probe. Among them: Former and current leaders of the law-enforcement and intelligence communities. The Democratic Party pooh-bahs who paid a foreign national (Mr. Steele) to collect information from Russians and deliver it to the FBI. The government officials who misused their positions to target a presidential campaign. The leakers. The media. More than reputations are at risk. Revelations could lead to lawsuits, formal disciplinary actions, lost jobs, even criminal prosecution.

Quick! Let’s impeach Barr! Continue reading →

Morning Ethics Warm-Up, 4/12/2019: “Seeing If I Can Function After Seeing That Fox News Video” Edition

/ Jack Marshall / 17 Comments

Well, it was a good morning…

…until Arthur in Maine sent me THAT.

1. Record ethics. Kansas City Royals second-baseman Whit Merrifield is a fine young rising star, but the nation will never turn its lonely eyes to him.Playing against the Mariners this week,  Merrifield beat out a squeeze bunt that not only tied the game, but also extended his hitting streak to 31 games. That set a new franchise record, beating Hall of Famer George Brett’s 30 game consecutive hitting streak set in 1980. That seems unfair, you say? Most of Merrifield’s streak was last season, you say?

I agree with you. Baseball takes the position on consecutive game streaks of all kinds that the six months between seasons don’t matter or count. I see the logic, a bit: why should a player’s chance at a record be arbitrarily ended because the season runs out? I also have the answer: tough noogies. There is a material difference between hitting in consecutive games over a single grueling season and doing so with a vacation in the middle. I guarantee that if Merrifield’s record got close to Joe DiMaggio’s iconic 56 games, set in the single, famous season of 1941 (when Ted Williams also hit .406), Major League Baseball would have rushed in and disqualified Merrifield for the consecutive game record because it wouldn’t be set in a single season. THAT, of course, would have been redolent of the controversial asterisk put after Roger Maris’s 61 home runs in 1961, which broke another iconic record, Babe Ruths’s 60. (Maris’s record was set in a 162 game season, Ruth’s in a 154 game season.)

Fortunately, Merrifield’s record chase was stopped at 31 the very next day.

This is as good a time as any to mention that the player who got me hooked on baseball, former Red Sox shortstop Eddie Bressoud, whose 87th birthday is coming up (May 2), had a knack for hitting streaks at the start of season. he hit in 15 straight in 1962, his first with the team, and set the team record for a consecutive streak at the start of the season in 1964, with 20.

2.  “Don’t be evil” a distant memory. R. Emmett Tyrrell, Jr. , the founder of mainstream conservative magazine “The American Spectator” announced that the publication had been blacklisted by Google, following an investigative report by The Daily Caller that revealed, Continue reading →

Morning Ethics Warm-Up, 5/21/18: Comments, Clarkson, Bitter Hillary, And Weiner Dogs Amuck

/ Jack Marshall / 84 Comments

Good morning, all.

1. Housekeeping note: Some commenters are expressing displeasure that I suspended a regular participant here following what I consider to be excessively disrespectful discourse toward me. Well. when they try moderating an ethics blog read by educated, passionate and verbally adept people for nine years, I’ll pay more attention to that displeaure. The task is much like that of a lion-tamer in the circus: as I learned when I read the autobiography of one who survived until retirement, the big cats growling is fine, and even the occasional swipe for show is tolerable, but when they start being disrespectful, you either show who’s boss quick or you get gang-mauled and eaten.

In about two weeks, I have to fly to Boston—on my own dime, of course— to ask a judge to dismiss a $100,000 defamation lawsuit from a banned commenter here. Am I bit inclined to be less than charitable to rude commenter outbursts aimed at me right now? Yes. The matter at issue right now involved flat-out, unambiguous personal mockery and derision, and the Comment Policies, accessible for years on the link above, specifically designate “6) Mockery without substance”  as commentary conduct that is not appreciated, , and also notes that a commenter risks be discipline for “…Insulting me, in particular by questioning my integrity, honesty, objectivity, intentions, motives, qualifications, or credentials.”

The commenter who was suspended can return to the wars at any time he chooses, after offering an acceptable apology.

2. Breaking my vow already…to eschew writing about the aftermath of the latest school shooting, I have to mention that Lelly Clarkson’s emotional speech at last night’s Billborad awards was played this morning on CNN and Headline News—and I assume elsewhere—as if she actually was saying something of substance. She wasn’t:

Is the news media going to keep on trying to steer a policy debate with complex social, legal, constitutional, cultural and practical factors into this emotion-flooded, intellectually useless dead end? Apparently so. I’m sure Kelly is sincere, but “moment of action” is nothing but another way of saying “do something,” which itself is just another form of screaming at the sky. What action, Kelly? Unless you make a relevant proposal that addresses the event you are crying about, your statement is worse than useless.

We should not keep pandering to this invitation to turn off our brains regarding guns, yet that is what the news media is actively campaigning for us to do.  They are irresponsible to do this.

But we knew that. Continue reading →

From The Ethics Alarms Law vs. Ethics Files: Yet Another Example Of How The Public’s Ignorance Of How Laws Work Imperils Us All

/ Jack Marshall / 15 Comments

guilty

Because he just IS, that’s all. Everybody knows it. Come on. What’s the problem?

Well, I’m still waiting for the wave of op-eds and pundit pieces condemning the judge in the Dennis Hastert case for somehow turning the ex-Speaker’s trial for breaking banking laws into a trial for child molestation even though he couldn’t be charged with that crime.

I appear to be one of the very few people alarmed by this. Coming at a time when we have a Presidential candidate advocating the imprisonment of financial traders without any indications that they broke actual laws, this qualifies as a bona fide societal virus, and a potentially dangerous one.

Over at Popehat, habitual Ethics Hero Ken White flagged another outbreak that somehow I missed (I blame Fred).

It seems that an Oklahoma court rejected the prosecution of a teenage boy for engaging in oral sex with a teenage girl (she was, to be delicate, the oral recipient) who was passed out drunk, and the Court of Criminal Appeals agreed, ruling:

“Forcible sodomy cannot occur where a victim is so intoxicated as to be completely unconscious at the time of the sexual act of oral copulation. We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.”

Ken begins, tongue hard in cheek,

“Did you hear? Oklahoma said it’s legal to rape someone if they’re unconscious from drinking! They said it’s not rape at all! It’s classic victim-blaming! It’s outrageous! It’s rape culture! It’s just what you would expect from one of those states!”

He then examines the statutes involved. It turns out that the unimaginative legislature, when defining the crime of forcible sodomy which was what the boy was charged with, missed this set of potential facts. She wasn’t forcibly raped, because she wasn’t conscious. Continue reading →

Comment of the Day: “Unethical Quote Of The Week: My Progressive, Rational, Educated and Gay Facebook Friend”

/ Jack Marshall / 14 Comments

stereotypes

Unlike most Comments of the Day, this one by Penn/Same Penn, who has two aliases here due to WordPress’s inexplicable habit of eating his posts, requires some back-reading to fully appreciate…but it is worth the effort.

The original post is about a Facebook friend’s mass condemnation of the Lone star State as a frightening, bigoted and  violent place where he would never set foot, in part because of his anger over Houston’s rejection last week of a bill that would expand LGBT civil rights in the city. My post noted that painting Texas with such a broad and harsh brush is itself bigotry—a position that cannot be rebutted, I believe—and reader Neil protested that the anti-Texas and Texans sentiment was just.

This inspired P/SP to one of the most eloquent and thoughtful posts Ethics Alarms has ever received, on any topic, and his is complex here, far ranging from its inspiration.

Here is Penn’s Comment of the Day on the post, Unethical Quote Of The Week: My Progressive, Rational, Educated and Gay Facebook Friend: Continue reading →