Comment Of The Day: “From The Ethics Alarms Archives: ‘Age and the Judge’…” And A Current Day Example.

Pretty late last night, an Ethics Alarms post about mandatory ages of retirement for judges moved JutGory to offer this remarkable Comment of the Day, a tribute to a role model in his life. Coincidentally, it now follows yesterday’s last post, about a failed role model, or perhaps someone who should have become a role model but who never did.

I’m hopping Jut’s comment over a couple of waiting COTDs because I think it’s good to start off the day with some inspiration when possible.

Here is JutGory’s Comment of the Day on the post, “From The Ethics Alarms Archives: ‘Age and the Judge,’ And A Current Day Example.”

Meet Floyd.

And, if nothing else, this is the perfect post in which to mention Floyd.

Floyd was at the top of his class at West Point.

Scwartzkopf was a plebe when Floyd graduated.

Floyd injured himself parachuting into Germany on a training exercise.

He became a lawyer and the consummate Southern Gentleman.

He told me about the time that he handled one of those big divorces and his firm submitted a one-page bill in the amount of over $500,000.00 “For Services Rendered.”

He told me about the time he was able to obtain a Writ of Ne Exeat (I had never heard of it either).

And, after a career of legal practice in Georgia, this principled conservative southern lawyer relocated to the State that Mondale Won.

He did it for two reasons: his wife and one of his kids needed a change of environment because of pollen counts, etc., and Dick.

Dick was looking for a legal partner and Floyd was looking to move north. Dick was Floyd’s exact opposite in every way. Continue reading

Hurry-Up Saturday Ethics Round Up, 2/29/2020: “Happy Birthday Frederick!” Edition [Corrected And Updated]

 

Yes, it’s Frederick’s 41st birthday.

If you don’t know what I’m talking about, you should. Frederick is the overly duty-conscious and somewhat dim-witted hero of Gilbert and Sullivan’s “The Pirates of Penzance,” one of the Savoy duo’s so called “Big Three,” the Victorian operettas that have been performed the most over the years. (The other two are “H.M.S Pinafore,” and the currently unfairly besieged—but arguably the best of them all—“The Mikado.”) They aren’t my three favorites, mind you, but like seven of the other G&S masterpieces, they are damned good, and have aged better than most American musicals, especially the Rogers and Hammerstein classics. Poor Frederick was apprenticed to a pirate until his 21st birthday, but due to a cruel twist of fate and legalistic nit-picking, his 21st birthday didn’t arrive until 1940, because he was born on leap year. Today is his 41st birthday, though he is 164 years old.

I apologize for the stupid subtitles in the clip from the movie. Unlike most G&S performers, the diction of Kevin Klein, Rex Smith and Angela Lansbury is excellent.

(I’m hurrying because I’ve learned from cruel experience that traffic on Saturday after 12:30 slows to crawl..)

1. Thus ends Black History Month. I do not favor tribal distinctions in our days and months. It is inherently divisive, and Black History Month smacks of honors affirmative action. The history of black Americans is American history, inextricably intertwined with the history of the rest of us. Our entire history ought to be taught and learned without bias and spin, and no race or ethnic groups should hesitate to take pride in the accomplishments of other Americans regardless of their color or ancestry.

NOTICE of CORRECTION! Item #2 below has now been shown to have been based on a hoax. More after…

2. Res ipsa loquitur:

Obviously the  note in Chuck’s tickler file came up: “Today transition from saying Trump was doing too much in response to the Corona virus to saying that he isn’t doing enough.”

What awful, awful hacks these people are.

They are still awful hacks, but I hate being caught by these hoaxes. This one was especially sinister, because the fake tweet is completely consistent with what the Democrats and the news media had been saying about the President’s move to stop travel from China. However, insisting that a faked message is still “true enough” is what Dan Rather did in the scandal that ended his career as a respectable journalist.

We now know that the tweet is a hoax because ProPoblica, a nonprofit journalism organization, maintains a database of tweets deleted by politicians called Politwoops that uses Twitter’s Streaming API to find tweets from politicians that have been deleted.  Schumer’s tweet  is  NOT in the database, thus we know it wasn’t posted.

I apologize for being caught this way, AGAIN.

3.  The rest of the story: Remember Tilli Buchanan, the Utah stepmother who paraded around the house topless in front of the kids? She was arrested and charged under Utah law with three misdemeanor counts of lewdness involving a child. Iwrote that this should be an ethics question, not a legal one:

[T]here are the Tilli Buchanans among us, who want to tear down social norms, not really knowing what the consequences will be over the long term, just for the hell of it. In addition to being irresponsible and disrespectful, they are also lousy citizens.

They are not, however, criminals. She should be able to walk around naked in front of her children, just as we allow parents to engage in all sorts of other dubious practices. That she can doesn’t mean she should, but this is part of a long, long list where we must rely on ethics rather than law.

Facing  being placed on a sex offender registry for 10 years,  Tilli agreed to a plea deal with her pleading guilty one class B misdemeanor lewdness charge and paying a $600 fine while serving probation. The charge will be dismissed if Buchanan can keep her shirt on for a year.

4. More “The rest of the story,” uber-jerk division. In 2018, Saturday Night Live performer Pete Davidson mocked GOP Congressional candidate Dan Crenshaw for his eyepatch, the result of a combat wound. Davidson said that he looked like “a hitman in a porno film” and dismissed the origin of his disfiguring injury as something he got in “war or whatever.” Veterans, their families and others who don’t usually pay attention to SNL anymore since it has become partisan, shrill, and lazy protested loudly, and Davidson apologized while Crenshaw appeared on a later show, where he was funny, gracious, and forgiving

It was obvious to me (and, I’m sure, Crenshaw) that Davidson was forced to apologize, but it takes a special breed of jerk to come back after he has left the scene of his insults and say so.

In Davidson’s new stand-up special, “Alive from New York,” Davidson, says,

“So I made fun of this guy with an eyepatch and then, like, I kind of got forced to apologize. My roommate thought I should apologize so that I didn’t get shot in the face. People were like, ‘You hate America!’ And I’m like, ‘No, I just didn’t want to be incorrect about how he lost his fucking eye. Is that a crime?! The only thing I did do, which I am guilty of — and I apologize for — is I did make that guy famous and a household name for no reason, right? I did what, like, Ariana Grande did for me, right? I sucked his dick at ‘SNL.'”

This is what you lost your eye for, Dan.

5. You could show this to your Bernie Bros friends, but I doubt they could understand it.  At the Foundation for Economic Education, J. Kyle de Vries does an excellent job of explaining the Social Security cheat, and why it has to be reformed. The system no longer makes sense, but the socialist enablers refuse to consider the problem. de Vries writes in part,

Millennials and Generation Z: Do you want to fund my Social Security benefits with higher payroll taxes than I paid in the past? Especially when the likelihood is high that your benefits are not going to be as lucrative as mine?

I am lucky. My Social Security benefits will be funded by you and other workers, and I plan on living to 140. If you are younger, that should concern you. Right now, you and your employer are forced to contribute 12.4 percent of your income into a fund that goes into a black hole, financing some other guy’s retirement. Wouldn’t you rather put that 12.4 percent into a fund you manage?

…Assume a self-employed 25-year-old makes $75,000 this year. Further assume she is required to set aside 12.4 percent of her income into a protected, tax-deferred trust, just as she must do for Social Security. But this is her account, managed by her, just like a 401k plan. If she realizes a 3 percent increase in income each year and can earn 6 percent on a conservative mix of stocks and bonds during her lifetime, her trust will accumulate to over $3,500,000 at age 70. At 8 percent growth, that number will be an astounding $6,142,000.

Would you rather have accumulated these much larger sums to augment your retirement income than get the average $1,500 per month Social Security check issued today? Lesser potential income is just one of the problems with the present system.

…Contrary to popular belief, payroll taxes are not invested in a fund to secure benefits like most other pension plans. Since the beginning, payroll taxes went first to make payments to current retirees with the balance “borrowed” by the feds for spending on things other than Social Security benefits. For most of the program’s history, the amount of payroll taxes the feds received was much higher than the Social Security payments, meaning the feds had a lot of money to spend on other things. Because of demographics, that situation has changed perilously, threatening the future of the Social Security system.

…What all this means is millennials and Gen Zers will see higher taxes for Social Security across the board, perhaps many times. They will also most likely see reductions in promised benefits, especially if they accumulate a lot of money over their working lifetimes.

…Wouldn’t you rather have your own retirement fund you manage yourself instead of the flimsy promise of government IOUs? Increasing payroll taxes today only delays the day of reckoning. The current unfunded liabilities for Social Security are over $34 trillion. Let’s not double down on a failed experiment that will bankrupt our country in the future and leave millions destitute in retirement.

Wouldn’t it be nice if Donald Trump was articulate enough and organized enough to explain this in a debate, or in a national address to the public? Wouldn’t it be nice if young voters would pay attention, and if the news media could report on the issue fairly?

Wouldn’t it be nice if I could fly to Disney World by flapping my arms really hard?

From The Ethics Alarms Archives: “Christmas: the Ethical Holiday”

Once again, I am re-posting the first Ethics Alarms Christmas post from way back in 2010, its first full year. (The last time I revived this post was in 2016.) I’m not inclined to change it, though I did fix some typos.

In the 2016 introduction, I wrote, “The ascendant attitude toward Christmas is both anti-religious and non-ethical.” That is still true.  In my extended neighborhood, there are giant penguins, snowmen, Santas, dragons, unicorns, the Grinch and Christmas Storm Troopers on lawns, and exactly one manger or reference to Jesus. There is no mention of peace, good will or love. My wishes of “Merry Christmas!” are returned, I’d estimate, about 20% of the time. Often I get glares, because saying “Merry Christmas!” must mean that I have a MAGA cap in my closet.

Those who might be otherwise tempted to show some signs of faith may be intimidated by  the Diversity Fascists, like this guy:

diversity-tweet

Yes, many people–they call themselves “progressives”— believe that a healthy national culture embracing love, charity, generosity and kindness is disrespectful. The culture seems to be capitulating to the bullying without a fight. The two most prominent Christmas movies on cable this year are the mildly cynical “A Christmas Story” and the wretched “Christmas Vacation,” which isn’t even a good Griswald movie, much less a decent Christmas movie. I have been searching for the original “Miracle on 34th Street”—yes, I know I haven’t finished the ethics review–and keep finding arguably the worst version, the one with Richard Attenborough playing Kris Kringle. “Four Christmases,” another bitter  comedy, has appeared many times. “A Christmas Carol” is now rare fare, but we get many showings of “Scrooged,” with Tiny Tim played by MaryLou Retton.

Some of the Hallmark Christmas stations have been playing a Whitney Houston version of “A Christmas Song” that interjects “Happy Kwanza” in the lyrics. Thanks to John Legend, we now have a Christmastime ditty that endorses abortion.

Think about that a minute.

I don’t know how to reverse the damage already inflicted on our society, but I do know that we have to try.

Here’s the post… Continue reading

Ethics Quiz: Santa In A MAGA Cap

Frank Skinner, who has played  Santa Claus at a mall in Waycross, Georgia for 50 years, says he was nearing the end of a long shift with kids on on and off his knee and the mall  was finally empty. For fun, he put on a MAGA cap as he sat in his Santa chair and took his own photo. Then he shared it for friends on his Facebook page.Predictably, some jerk sent it  to the mall’s management with a complaint.To be clear, the picture didn’t show Santa reading Hustler, or feeling up a busty co-ed, or snorting coke. It showed him wearing the campaign cap of the President of the United States.

The mall responded, “We apologize for this occurrence and will be addressing this right away. The Mall at Waycross does not support any specific political party. Thank you for bringing this to our attention. Kindly, Mall Management.” Then  the mall’s manager told reporters that the posing of the photo was “done completely without our knowledge” and added that “it’s safe to say he will not be wearing this hat around here. This particular Santa has been replaced.” Frank was fired.

Your Ethics Alarms Christmas season Ethics Quiz of the Day is…

Was the mall’s action fair and responsible?

Continue reading

The Topless Stepmother Conundrum: When Ethics Work Better Than Laws

MOM?!

A lawyer for Utah’s chapter of the ACLU asked Utah Judge Kara Pettit to rule that the state’s lewdness law violates the Constitution by treating women differently than men and thus violating the Equal Protection Clause. The  statute makes it a crime to expose “the female breast below the top of the areola” in the presence of a child in a private place “under circumstances the person should know will likely cause affront or alarm.”

Tilli Buchanan, 27, faces imprisonment, fines and the requirement to register as a sex offender for 10 years if convicted of violating the law, which she certainly did. Buchanan and her husband had been installing drywall in the garage, and they had taken off their shirts that had become scratchy from the fibers, she told reporters.  When her stepchildren, aged 9, 10 and 13, walked in, she “explained she considers herself a feminist and wanted to make a point that everybody should be fine with walking around their house or elsewhere with skin showing,” her lawyers wrote in court documents. Here’s Tilli…

Just kidding.

Lawyer Leah Farrell of the ACLU says the law requires women to do a “mental calculation” about whether going topless would cause alarm. But men can go shirtless without violating the law and without making that calculation. “That really sets up an unequal and unfair dichotomy,” Farrell says.

Prosecutors say that Buchanan stripped in front of the children and  was under the influence of alcohol at the time. They also claim she said she would put her shirt back on if her husband showed her his penis.

Ick. Continue reading

Ethics Warm-Up, 11/19/29: Rushing Around Hotel Rooms Edition

Started this post in a DoubleTree this morning, finishing it (I hope) this afternoon in a Hyatt.

1. Nauseating. The ACLU awarded Christine Blasey Ford the Roger Baldwin Courage Award.

There is no excuse for this, and it shows how deeply the once pointedly non-partisan Bill of Rights defense organization has allied itself with the political Left. The attack she fostered on Brett Kavanaugh violated the principle of due process and her unsubstantiated accusation of a dimly recalled sexual assault when the Justice was a teenager is the kind of abuse of justice that the ACLU once opposed. Writes an outraged Nina Bookout on Victory Girls,

What exactly did she do that could be defined as courageous?

  • Was it her allegations of rape that were never verified?
  • Was it her throwing high school friends under the bus?
  • Was it changing her stories in mid-stream, and then changing them again while testifying?
  • How about the fact that she needed Mark Judge to verify the date she was attacked because she can’t remember?
  • How about her beach conversations, the polygraph, and the weirdness about the second door?

If that’s today’s definition of courage by the ACLU, then we have yet another word with its meaning distorted in order to fit a desired narrative.

What Christine Blasey Ford did, with the tacit approval of the Left and encouragement from the likes of Diane Feinstein, is the very opposite of courage. It is spiteful cowardice.

Obviously, I think, Blasey-Fordis being lionized by the ACLU for applying the ends justifies the means approach by being willing to expose herself to deserved ridicule in order to smear a Trump SCOTUS nominee deemed to place the right to abortion at risk.

In this she is reaping the same benefits that came Anita Hill’s way when she ambushed Clarence Thomas with distant accounts of alleged sexual harassment.

2. Speaking of undeserving “heroes,” pundits are saying that it does not seem as if the NFL “trusts” Colin Kaepernick. Well, of course they don’t. The way he has packaged himself as a martyr for “social justice,” there is literally no chance that if signed as a back-up quarterback, he would devote his full attention and energy to playing football.

What I find amazing is the news media’s constant description of his kneeling stunt as “raising public awareness to police violence against African Americans.” How does a football player kneeling during the National Anthem call attention to anything other than a football player kneeling during the National Anthem? It doesn’t. My attention is drawn to police violence against African Americans when I learn about a genuine example of it, like the shooting of Walter Scott in the back as he fled an arrest. When inarticulate publicity-seeking  race-baiters like Kaepernick say their actions are meant to raise public awareness of police violence against African Americans and they cite Mike Brown, Tamir Rice, and other complex episodes, then they only call attention to their ignorance and unethical desire to demonize whites and police. Continue reading

Sunday Ethics Excursion, 11/17/2019: This Crazy, Unpredictable, Untrustworthy World

Greetings!

1.  So we can’t trust Intel, either. Good to know. Last May, Intel released a patch for a group of security vulnerabilities researchers had found in the company’s computer processors.  Intel implied that all the problems were solved. The official public message from Intel was “everything is fixed,” said Cristiano Giuffrida, a professor of computer science at Vrije Universiteit Amsterdam and one of the researchers who first reported the vulnerabilities. “And we knew that was not accurate.”

Indeed, the software patch meant to fix the processor problem addressed only some of the issues the researchers had identified.  A second patch, publicly disclosed by the company last week, finally fixed all of the vulnerabilities Intel had said were fixed in May…six months after the company said that all was well.

2. So they finally bullied the NFL into re-considering Colin Kaepernick. Kaepernick, the mediocre NFL quarterback whose political grandstanding before games made him an albatross for the league and any team foolish enough to employ him, has had woke “fans,” who couldn’t care less about football but who loved his race-bating and police-bashing protests, claiming that he was “blackballed” from pro football for exercising his right of free speech.

This was never true—let a grocery store clerk try that argument when he’s fired for making political demonstrations during store hours—but never mind: Kaepernick was styled as a martyr anyway.  Why the NFL capitulated to bogus complaints and gave the player a showcase for NFL scouts, I cannot fathom. He’s 36, hasn’t played for three years, and wasn’t that good in 2016. If no team signs him, the NFL will be told again that it is racist and oppressive. If a team does sign him, the message will be that enough agitation can force an organization to elevate politics above its legitimate priorities.

3. This is why our politician aren’t civil, collaborative, respectful and ethical: the public doesn’t want them to be.  Senator Chuck Schumer, the Democratic Minority Leader,praised Representative Peter King, the long time Long Island Republican House member who announced his retirement this week, by tweeting  warm words on Twitter.  “I will miss him in Congress & value his friendship,” the effusive message concluded.

For this once-standard professional reaction to a fellow Congress member’s retirement, Schumer was roundly attacked by Democrats and progressives on social media. To his credit, despite more than 10,000 mostly negative replies and even calls for his resignation, Schumer neither apologized for his tribute to a colleague nor took down the tweet. Continue reading