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

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

Let’s Give A Big Ethics Alarms Hello To New Rationalizations 25B, “The Irresistible Impulse,” And 38B, “Joe Biden’s Inoculation”!

These are the 98th and the 99th rationalizations to join the Ethics Alarms List of Rationalizations And Misconceptions, an ongoing project here. I initially didn’t think that the listwould ever reach 100, but now that looks likely, and we have Joe Biden to thank for it. Thanks, Joe!

The strained logic of both new rationalizations were evoked in a recent New York Times article airing the desperate spin attempts by Biden’s campaign staff to try to minimize the significance of their candidate’s apparently incurable tendency to butcher his attempts at communications. While I realize these two mitigating arguments employed by Joe’s team were not being used as rationalizations for unethical conduct (exactly), that is often the use others find for them.

Rationalization 25B, The Irresistible Impulse, or “I can’t help myself!”
Continue reading

Joe Biden, The Double Standard Candidate

The fact that Joe Biden is even taken seriously as a Democratic candidate for President is an indictment of his party, as well as evidence that  progressive principles are instantly alterable, optional or ready for deep freeze any time they become inconvenient.

The ethics value issue, of course, is integrity. If the Democratic Party cared about it, Joe Biden would be looking forward to spending his Golden Years playing with his grandchildren and copping feels with their baby-sitters.

That’s the threshold hypocrisy, as we know. Joe is a serial and unapologetic sexual harasser. There are many photographs online, and probably many more to be found, of him hugging, sniffing, and fondling women of all ages while they seem approximately as comfortable as if Joe were a rabid octopus. The conduct displayed is the equivalent or worse  of behavior that has caused hundreds of executives and  many  high-profile leaders in a wide range of sectors to be removed from their jobs. The Democratic Party styles itself as the party of women and #MeToo, but has been flagrant about applying double and even triple standards: witness Virginia Lieutenant Governor Justin Fairfax, still in office with the support of his party despite both a credible rape accusation and an allegation of sexual assault, both more serious than any of the accusations made against Senator Al Franken, a Democrat, who was forced to resign. None of the Republicans or Democrats who have been pilloried for sexual harassment carry the photographic evidence that indicts Biden, and yet there he is, topping the polls.

The Democratic Party’s hypocrisy goes far beyond harassment where Joe is concerned, however, as a recent Times article called Joe Biden Knows He Says the Wrong Thing,” itself a naked rationalization to excuse incompetence. Hmmmmm...Is this rationalization  on the Ethics Alarms list? Give me half a minute while I check…

NO!

Incredibly, Joe’s excuse, “I know I’m doing it,” has so far escaped the definitive rationalizations list! That will be remedied shortly.

Joe and his defenders regularly employ other rationalizations for his groping problem (and others), among them, #1. The Golden Rationalization, or “Everybody does it” variations “Everybody is used to it.,” “Everybody accepts it,”“Nobody’s complained before” and “It’s too late to change now,” #8. The Trivial Trap (“No harm no foul!”),#13A The Road To Hell, or “I meant well,” #19A The Insidious Confession, or “It wasn’t the best choice,’  #21A. The Criminal’s Redemption, or “It’s just a small part of what I am!,”#22. The Comparative Virtue Excuse: “There are worse things.,” #41 A. Popeye’s Excuse, or “I am what I am,”  #42. The Hillary Inoculation, or “If he/she doesn’t care, why should anyone else?,” 43. Vin’s Punchline, or “We’ve never had a problem with it!,” and #64A. Bluto’s Mistake or “I said I was sorry!.”

Sorry for the digression. Back to the Times article: I seriously considered posting the whole piece with Donald Trump’s name replacing Biden’s. How could the Times reporters write this, or anyone read it, without noticing that all the habits and tendencies being cited as Joe’s problems are the exact same proclivities that Democrats claim should disqualify Trump for high office, and all of the defenses on behalf of Joe echo the arguments of Trump defenders? Here are some quotes: Continue reading

MSNBC Legal Analyst Tweets Fake News, Social Media Makes It Viral, Prof. Turley Makes Excuses. Yecchh. [UPDATED]

First, MSNBC legal analyst Joyce Alene Vance sends out the completely false tweet above. Of course Fox News covered the hearing. Why would she do that? Is it because she works for all all-anti-Trump-spin all the time network? Or is it because she’s a hard core partisan, having been an Obama U.S. Attorney? Maybe its because she’s not a journalist, and has no idea what kind of standards journalists are supposed to use before reporting “news.” Then again, virtually nobody at MSNBC appears to know what ethical journalism is.

Whatever the reason, she tweeted it, and immediately confirmation bias set in, with such sophisticated political analysts as horror novelist and well-established Trump-hater Stephen King helping to spread the word–three “words,” really: Fox won’t report news unfavorable to Trump, Trump is afraid of the Mueller Report (never mind that anyone’s been able to read it for months) and that Mueller’s testimony was going to be a likely calamity for the President—to his more than 5 million followers.  [NOTE: It wasn’t. It was a calamity for “the resistance” and Robert Mueller’s reputation]

Here’s King:

Continue reading

Lunch Time Ethics Appetizer, 7/16/2019: Funny But Wrong, Important But Incompetent, Too Hungry But Still Employed, And Right But Irrelevant

Yum!

It’s ethical dilemma time for a Red Sox fan. I have an opportunity to get two excellent seats for Sunday’s game in Baltimore. It will be about 99 degrees, and the seats are without any protection from old Sol. Loyalty and dedication demand that I go and support the Sox, whom I have not watched in person for two years. Survival and common sense—non-ethical considerations—argue that this would be nuts.

As Jack Benny said when a robber stuck a gun in his ribs and said, “Your money or your life!,” 

1. Funny! Revealing! But still wrong. Campus Reform utilizes a James O’Keefe- inspired wag named  Cabot Phillips whose signature stunt is to get college students to reveal their ignorance and unthinking social justice warrior ways. He typically does this by lying to them, as when he gives them quotes from Barack Obama or Hillary Clinton and tells them that the speaker was Donald Trump. Outrage and hilarity ensues.

This time, he traveled to the University of Miami and presented students with a fake petition demanding that the college remove its famed mascot and team name, “Hurricanes,” because the name might be  offensive and hurtful to students who’ve been “negatively impacted by hurricanes throughout their lives.” Sure enough, many of the students he spoke with agreed withe the premise. Phillips then posted the video of the students making fools of themselves.

Human beings are wired to trust other human beings, and these stunts take advantage of that. Trust is essential to a healthy and cohesive society, and any exploitation of trust, be it for political purposes, financial gain or amusement, damages society.

It’s not worth it. In this case, the same point could be made by asking, “Would you a support an effort to ban the “Hurricanes” nickname as being potentially hurtful to the victims of tropical storms?”

2. “Spinquark” A helpful reader sent me a link to this website, which purports to expose “big tech companies that don’t respect your privacy..that aren’t transparent and consistent in their algorithms and policies or who use their platforms as a type of privatized online government, a government without recourse or representation.” Continue reading

The Constitution, Law, Rationalizations And Ethics—One Of These Things Is Not Like The Other, I: The University Of Houston Steals A Photo

Two recent cases illustrate how law and even Constitutional law can be perverted toward indefensible ends if compliance is the only objective, and ethics are left out of the equation. The first case comes to us from Texas, University. of Houston System .v.Jim Olive Photography.

Houston photographer Jim Olive  discovered during an online check of his copyrighted works that the  University of Houston had appropriated one of his photographs and was using it extensively in its  web and print promotional materials. It was an overhead, aerial image of the City of Houston at dusk in 2005 that Olive went to great expense and effort  to produce.  He rented a helicopter, hired a pilot, and utilizing special photography equipment, suspended himself from the helicopter with a harness.

The university admired it, and found the shot ideal for its purposes, so it  downloaded the photo from Olive’s stock library, removed the copyright markings, and did not credit him when they used it. Olive sent the school a take-down letter and a bill, and the university refused to pay. Then he sued, but the university responded  that it has sovereign immunity, and can’t be sued, because he isn’t a citizen of Texas. The Eleventh Amendment reads in part,

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The photographer had no right to sue under the U.S. Constitution unless the school waived its sovereign immunity or the act of using the photograph constituted a “taking” of property, the University’s lawyers  argued. When the trial court sided with Olive, the University appealed.

The Court of Appeals has ruled against Olive, declaring  that the school’s actions wasn’t a “taking.” Not only can’t Oliver sue to be paid for the use of his photograph,  he will have to pay the university’s legal costs.

“It just doesn’t seem fair to me,” says Olive.  I’d say his instinct is accurate, but this is the law: fairness is beside the point. To make the ruling even more disturbing from an ethics perspective, the University has a page on its site directing readers to  report copyright infringements – and also to request permission to use UH intellectual property, like the photograph it stole from Jim Olive,

Nice. Continue reading

Morning Ethics Warm-Up, 5/28/2019: I See Stupid People…Also Unethical People, “Best People,” Short People, And Wise People

Good Morning!

Ah! After a long, long weekend, I feel wefweshed!

1. “The best people,” (cont.):  Ugh.

a) From the Wall Street Journal:

“Transportation Secretary Elaine Chao has retained shares in a construction-materials company more than a year after the date she promised to relinquish them.Shares of the company, Vulcan Materials Co. , the country’s largest supplier of the crushed stone, sand and gravel used in road-paving and building, have risen nearly 13% since April 2018, the month in which Ms. Chao said she would be cashed out of the stock, netting her a more than $40,000 gain.”

I have a personal bias against Chao, which I have described before, so I’ll just leave this as a res ipsa loquitur item. Her husband, of course, is GOP Senate leader Mitch McConnell.

b) I would rank Chao as more palatable than this hack, however, who should be fired outright, and kicked on her way out the door.

In an apparent attempt to show that Dr. Ben Carson, HUD Secretary because he is black and was nice to Donald Trump during the GOP debates, is NOT the most unqualified official at his department,  HUD regional administrator Lynne Patton defended Carson’s cringingly inept recent performance (“Is there any other kind?” Jack Nicholson’s Colonel Jessup  might ask) before Congress  by retweeting a message praising Dr. Ben while mocking Alexandria Ocasio-Cortez. Then she  took to Facebook to say  that her comment “may be a Hatch violation. It may not be. Either way, I honestly don’t care anymore.”

Nice. A government official who announces publicly that she doesn’t care if she violates the law! Then she responded to criticism of that post with a classy tweet that said, “What part about “I don’t give a shit” don’t you understand? “

“The best people.” You could throw a rock into a crowd and have a good chance of finding better people for government service than Patton. If you are keeping score, the ethics breaches here are all six “Pillars of Character”— Trustworthiness, Responsibility, Fairness, Respect, Caring and Citizenship, distributed among Patton, HUD, and the President. You can’t do much worse. Continue reading

Anna Sorokin—Fick, Ethics Corrupter, And The New York Times Thinks She’s A Victim

A New York jury this month found Anna Sarokin guilty of grand larceny in the second and third degrees and other charges that  netted her a sentence of 4-12 years in prison. In previous years before being caught, she posed as “Anna Delvey,”  a fictional German heiress with a trust fund, and parlayed her scam into a luxury life-style  of long stays in boutique hotels, a closet full of  designer clothes, and late-night parting  with Manhattan’s glitterati.

 Sorokin, 28, was really an attractive  Russian immigrant with brass. She ducked bills, conned the trusting, , and once tricked  a bank employee into giving her $100,000 she never intended to pay back. She couldn’t have done any of this for so long or as successfully if she weren’t young and comely, and also a stone-cold sociopath. I’d guess her story will soon be made into  at least a Lifetime cable movie, if not a big budget vehicle for Jennifer Lawrence.

Anna is also a fick, that rare species chronicled on Ethics Alarms that openly revels in unethical wickedness. In two interviews with the New York Times, she made it clear that she’s a shameless predator, telling the paper yesterday after her sentencing,

“The thing is, I’m not sorry. I’d be lying to you and to everyone else and to myself if I said I was sorry for anything. I regret the way I went about certain things.”

She’s still playing her con.  Anna says she always intended to pay back the  hotels, a private jet company and the banks she said,  which she cheated  out of more than $200,000. She just missed  bilking  a hedge fund into giving her a $25 million loan.

Well, yes, if you want to get technical about it,  she had falsified some bank records, but only because she was in America and has big dreams. Don’t all Americans? She wanted to start a $40 million private club, and potential investors pushed her to open it before they  put up their own money. If you think about it, it all was really their fault, not poor Anna’s.

Sorokin said was always fearful that she was vulnerable to men who would “cheer me on” and then seize control of her vision for the club, which she called the Anna Delvey Foundation.  “My motive was never money,” she said. “I was power hungry.”

Oh! Well that’s all right, then!

If her friends thought she had millions of dollars, it was just a misunderstanding. She said she never told anyone she had that kind of money. If they just jumped to conclusions—well, how is that her fault?

At least she has some self-awareness, telling the times, but unapologetically,  “I’m not a good person.”

Yet the Times published a long essay sympathetic to Anna Sorokin, a head-exploding piece (for me, so be careful if you read it) titled in the print version—I warned you—“Women Take The Cosmic Fall For Male Greed.” It is a solid contender for the most unethical feature of the year, with rationalization-stuffed statements like these:

  • “Real justice,” in this instance, is the prospect of more than 15 years in prison for defrauding wealthy acquaintances and financial institutions of $200,000, the sum of which would barely allow you to buy a studio apartment in Queens. “She stole from banks,” one of the prosecutors argued during the trial as if to suggest she had taken oatmeal from the mouth of a baby. “She tried to steal from a hedge fund.”Setting aside the dubious rhetorical gambit of soliciting sympathy for banks and hedge funds, Ms. Sorokin was clearly going to take a fall even if so many other white-collar villains still had their freedom.”

(I confess: after reading that idiotic paragraph a week ago, I stopped and filed the article to return to when my cranium had healed.)

  • “Here is where we might recall that only one financial executive in the country, Kareem Serageldin, was ever sent to prison in conjunction with the collapses of moral judgment that caused the undoing of the global economy in 2008. Accused of concealing hundreds of millions of dollars in losses of mortgage-backed securities, to inflate his bonus at Credit Suisse, he also faced real justice. He was sentenced to 30 months.”

All of which has nothing to do with Sarokin, or gender. Sarageldin made a plea deal, and got one because there was not a clear route to convicting him under existing laws. Sarokin’s crime, in contrast, was as old as the hills, and she embraced it with gusto.

  • Increasingly, it seems, the law has provided an able hand to a culture that takes perverse, outsize pleasure in spectacles of female desperation. Like many young women, Ms. Sorokin had an insatiable desire to be something that she wasn’t: in her case, someone other than the daughter of a Russian HVAC salesman. She had come to New York without the pedigree or capital that buoys you in a city poisonously obsessed with status. New York is a transactional place, and Ms. Sorokin had nothing to trade, so she made herself into a rich, clubby, entrepreneurial German and lied and cheated a system already allocating so many unfair advantages….”

If you are keeping count, just these three paragraphs employ all or whiffs of these rationalizations from the Ethics Alarms list, with more to come:

1. The Golden Rationalization, or “Everybody does it”
2. Ethics Estoppel, or “They’re Just as Bad”
2 A. Sicilian Ethics, or “They had it coming”
6. The Biblical Rationalizations
“Judge not, lest ye not be judged,” and “Let him who is without sin cast the first stone.”
13A The Road To Hell, or “I meant well” (“I didn’t mean any harm!”)
19A The Insidious Confession, or “It wasn’t the best choice.”
22. The Comparative Virtue Excuse: “There are worse things.”
23 A. Woody’s Excuse: “The heart wants what the heart wants”
38. The Miscreant’s Mulligan or “Give him/her/them/me a break!”
48. Ethics Jiu Jitsu, or “Haters Gonna Hate!”
55. The Scooby Doo Deflection, or “I should have gotten away with it!”
63. Yoo’s Rationalization or “It isn’t what it is”
68. The Volunteer’s Dodge, Or “You Don’t Pay Me Enough To Be Ethical!“

The hopelessly muddled ethics of the writer, regular Times columnist Ginia Bellafante is independently valuable as a throbbing example of how woke sensibilities distort and rot basic concepts of justice and the rule of law. She is, in fact, more of an ethics corrupter than the smug sociopath heading to jail. Bellafante is telling Times readers that a predator is really a victim, because of her gender.

I wonder how many people believe her?

_________________________________

Source: New York Times

Funny! But Inexcusably Incompetent : “Game Of Thrones” Ethics

Yes, somebody left a Starbucks cup on the set of last night’s much ballyhooed “Game of Thrones” episode on HBO.

It would be a good exercise to list all the rationalizations one could access to try to minimize such a massive botch, and avoid the likely consequences of making it. Without breaking an ethics sweat, I came up with…

  • 6. The Biblical Rationalizations, “Judge not, lest ye not be judged,” and “Let him who is without sin cast the first stone.”
  • 8. The Trivial Trap (“No harm no foul!”)
  • 19. The Perfection Diversion: “Nobody’s Perfect!” or “Everybody makes mistakes!”
  • 20. The “Just one mistake!” Fantasy
  • 22. The Comparative Virtue Excuse: “There are worse things.”
  • 38. The Miscreant’s Mulligan or “Give him/her/them/me a break!”
  • 50. The Apathy Defense, or “Nobody Cares.”
  • 64A. Bluto’s Mistake or “I said I was sorry!”

As silly as that “one mistake” seems, a head, or many heads, should roll. This tweet from an annoyed fan nicely sums the situation up: “You’re telling me they had TWO YEARS to put together a decent show and they couldn’t even spot the goddamn Starbucks cup in Winterfell??!” Continue reading

The Pulitzer’s Deliberate Ethics Blindness [Corrected]

It was incredible: the only qualified candidate for the Pulitzer Prize just happened to be the spouse of a Pulitzer board member! What are the odds?

[Note: an incompletely edited and proofed version of this post was mistakenly published. I apologize. Thanks to Tim LeVier for flagging the problem.]

All awards and prize organizations are subject to fair suspicion about their integrity, and collectively, they undermine each other. The Academy Awards get criticized by prominent blacks, and suddenly the number of black nominees explodes. The Nobel Prize committee, once the epitome of a well-respected and trusted awards program, exposes its political bias by giving a Peace Prize to Barack Obama for no good reason whatsoever.

Then, beginning in late 2017, in an expose published late last year by a Swedish newspaper, the Swedish institution was rocked by accusations  from18 women who said they were sexually harassed or assaulted by French arts promoter  Jean-Claude Arnault, who is married to poet Katarina Frostenson and is friends with Horace Engdahl, both  members of the  Academy that awards the Nobel Prize in literature.  Arnault was sentenced to two years in prison after being found guilty of raping a woman in 2011. This ugly publicity cast unwelcome light on more unethical conduct: a club called Forum that Arnault and Frostenson owned received a subsidy from the Academy. Yes, the members were voting finnacial benefits to themselves.  There were also credible reports of Frostenson giving names of winners to Arnault before they were announced,, allowing him place wagers and win money with insider information. As the scandal expanded, Frostenson and Engdahl refused to resign. Three other members of the Academy left in protest.

Nice. The Committee decided not to award a Nobel Prize for Literature in 2018.

I’m surprised they didn’t just give it to Barack Obama.

This brings us to the Pulitzers, which have always been suspect. Continue reading