A Slap On The Wrist For The Lawyer Who Demanded 65 Million Dollars For A Lost Pair Of Pants

And they weren't even Elvis' pants...

And they weren’t even Elvis’ pants…

There has been a lot of beating up on judges and lawyers lately, on this blog and elsewhere, so what better time to revisit the weird case of foormer administrative law judge and current attorney Roy Pearson, Jr? He was the D.C.  judge who carried on such a vendetta against a dry cleaner because they lost a pair of his pants that it became national news…which is to say, it was discussed on The View and the women made fools of themselves. Not as big fools as the judge made of himself, though.

Pearson claimed that in 2005, the dry cleaners gave him the wrong pair of pants and refused to pay him the $1,150 he demanded as compensation. His suit—his $67 million suit!— against the dry cleaners alleged that the business violated Washington, D.C.’s consumer protection law by failing to comply with its sign promising “satisfaction guaranteed,” which Pearson claimed was unconditional. You know, even if a customer was deranged.

In his testimony in this wacko lawsuit, Pearson argued that “satisfaction guaranteed” meant the dry cleaner was legally obligated to pay a customer who demanded $1,000 for a supposedly lost sweater even if the owners knew they had delivered the correct sweater to the customer.

By that logic, the owner would also have to let the customer have sex with his teenage daughter, if that’s what it took to “satisfy” him. Continue reading

How Much Have The Clintons Corrupted Democrats And American Society? This Much…

U-u-ncle S-sam? Is Th-that you?

U-u-ncle S-sam? Is Th-that you?

A  Rasmussen poll released this week found that 71 percent of Democratic voters believe Hillary Clinton should still run for President even if she’s indicted.

The President of the United States is charged with preserving, protecting, and defending the Constitution of the United States, which means making certain that the rule of law is respected and executed. Obviously, a Chief Executive who is herself a  felon cannot be trusted to perform these duties, and a candidate facing an indictment degrades the democratic process by forcing voters to even consider the prospect of voting for one.

It isn’t just Democrats.The poll shows that over-all, 50% of voters believe that it is acceptable for an accused felon to be elected President of the United States of America.

The Clintons (plural: Bill should have resigned after obstructing justice and lying under oath, and would have if he respected his office as much as he craved power) are not the only ones responsible for this tragic dive in American standards for leadership. It has been a long, slow, painful erosion, accelerated by criminal values being exhibited or extolled by several Presidents since Eisenhower, as well as Vice-Presidents Gore and Cheney; the news media’s willingness to accept or minimize unquestioned misconduct and skirting of laws when the “right” side engages in it; populist criminal heroes in the black community, like Al Sharpton, Marion Barry, Kwami Kilpatrick and others; the precipitous decline of trust in all institutions, from the Catholic Church to professional and college sports to the military; the accumulated ethics ignorance seeded by an incompetent and corrupt teaching profession; the defining down of deviancy from legal and ethical norms deliberately encouraged by the drug culture; ongoing efforts by the Obama Administration to reduce the stigma of law-breaking; the celebration of criminal anti-heroes in pop culture, and more. Continue reading

The Unethical Ethicist And Yale: If Bill Cosby Were A Famous Ethicist, He’d Be Prof. Thomas Pogge

The Accuser and the Ethicist

The Accuser and the Ethicist

Here is the short version:

Yale’s Thomas Pogge is a world famous Yale professor of philosophy and ethics who is especially renowned for condemning the terrible human rights effects caused by disparity of resources between rich countries and poor ones. His books, lectures and a well-recieved TED talk argue that the power imbalance between rich countries and poor countries is so great that poor countries cannot reasonably be said to “consent” to agreements between them. Pogge has also accumulated many credible accusations of exploiting, harassing, and taking sexual liberties with his female students in multiple institutions. In the case that has led to this contrast becoming public, Yale offered a female accuser, a Yale graduate named Fernanda Lopez Aguilar, $2000 in exchange for ending the matter and keeping the story out of the news media.

The long version is here. Because the publisher is BuzzFeed, which is not widely regarded as a sterling source of trustworthy journalism (to say the least), the detailed and apparently well-researched report will be easy for Pogge and Yale to ignore and shrug off. However, other publications, including the Yale Daily News, have investigated the work of author Kaitie J.M. Baker, and so far it has held up to scrutiny.

Pogge has responded, less than convincingly, I would say, to the Lopez Aguilar allegations here. I say unconvincingly because he does not address the previous accusations made against him at Columbia University, and if there is one common characteristic of sexual harassers and abusers that stands out above all others, it is that they are habitual and repeat offenders. Anyone who has spent any time in academia (like me) is well aware that the culture permitting professors, especially male professors, to use the student body and bodies as a sexual perk of the job is widespread and only weakly restrained, if at all. Does that prove that Pogge is one of the professors who partakes in the lusty opportunities presented to him as an object of trust and admiration? No. There is, however a lot of smoke surrounding him, and the smoke has been issuing for a long time.

Yale’s institutional conduct is more than smoke. Yale appears to be another example of a trusted institution deciding that it is preferable to cover up the possible, likely or proven misconduct of a valuable employee than to risk damaging the reputation of that institution, or alienating the loyalties of other employees, by addressing it openly and decisively. I’m sure you can name other infamous examples of this phenomenon, broadly covered by the rationalizations “The King’s Pass” and “The Saint’s Excuse” on the Rationalizations List. Among the most infamous of these are the Catholic Church’s decades, perhaps centuries-long enabling of child sexual predators in the priesthood, the Watergate cover-up by the White House, and Penn State’s failure to stop a known child predator from using the school’s football program and its campus as a base of operations. Yale’s particular variety of this unethical choice is an especially unsavory one, closer to the Joe Paterno/ Sandusky and “Spotlight”scandals, because it intentionally  places future innocent victims at risk of harm.

I accept that there is a possibility that Pogee is an impeccable  professional and as pure as the driven snow, and thus himself a victim of a smear, though this seems unlikely. What I am more interested in now is to address the questions asked in the BuzzFeed piece, which relate to how we should regard unethical ethicists as well as other prominent figures who defy, in their actions, the wisdom they are celebrated for dispensing to others—the Bill Cosbys of the world.

I have some additional questions of my own, but for now I will restrict myself now to those posed in the article. Continue reading

Unethical Headline Of The Month: Mediaite

Mediaite leads the way...

Mediaite leads the way…

Watch this Effing Clip of a Cruise Boat Crashing into a Pier in San Diego

Really, Mediaite? Effing? EFFING?  When did you start hiring 13-year-old detention students to write your headlines? Is “fucking” now an acceptable adjective at Mediaite? You do know that “Effing” is just code for “fucking,” right? What ineffable quality is it that you think “effing” adds to the story or the headline? Humor? What an insult to your readers. “Attitude,” or “‘tude”? I don’t read your website for attitude, I read it for news and commentary on public affairs and how they are covered, unless the post is by left-wing hack Tommie Christopher, in which case I’m reading to find out just how much naked, dishonest partisan bias and Hillary boot-licking you’ll tolerate before being responsible and firing the clown, because he really is an embarrassment.

He’s not as much of an embarrassment, however, as having “effing” in a headline. Gratuitous vulgarity to appeal to—what, Trump supporters? 21st Century Holden Caulfields? Morons? Who? Certainly not anyone literate or who appreciates professional journalism standards or societal civility.

Trick Polls: Obnoxious, Unfair, and Wrong

Agrabah

Public Policy Polling, a Democratic outfit that specializes in asking Republicans questions specifically designed to allow the mainstream media to mock their ignorance, and smug progressives to puff their little pigeon chests up with pride, really hit the public relations jackpot with a recent survey indicating that 30% of Republican primary voters would support bombing Agrabah, which is where Aladdin hangs out in the Disney movie. In other words, it’s not a real place. (I know: all my Republican acquaintances are exclaiming, “Wait, you mean Aladdin isn’t real?) This gave a real chuckle to the left-wing websites and blogs, the  mainstream media and all those brilliant news anchors who don’t know what to say unless a teleprompter lays it out for them, and who believe people who look to them for enlightenment are smart.

Not taking this lying down, a conservative polling groups called WPA Research devised another deceptive poll that revealed that 44% of Democrats would support taking refugees from Agrabah.  So there.

Now conservatives can puff up their pigeon chests, I guess.

Message to pollsters: I know we’re talking about stupid and ignorant people here, but even they will eventually figure out that a certain percentage of poll questions aren’t honest, but are tricks designed to prove they are dumb, violent, stupid, greedy, bigoted, mean, or likely Trump supporters. The joke is on WPA and PPP: people trusted them, as they have traditionally trusted pollsters to be seeking useful opinion data, not proof of knee-jerk partisan idiocy. If a pollster asked about an individual, issue or nation,  those polled never dreamed that the question was setting them up to be scorned. Now both of these organizations have proclaimed that they can’t be trusted, that they aren’t neutral truth-seekers but adversaries with an agenda.

Good to know. Continue reading

Observations On The Civility Meltdown On Fox News

Swear_wordsMonday  was “Talk like Jon Stewart Day” on Fox, as two Fox News contributors were quickly suspended after they used vulgarity while discussing President Barack Obama‘s Sunday night address on terrorism. Ralph Peters, a Fox Business analyst called the President a “total pussy,” and Fox News’ Outnumbered panelist Stacey Dash, who said Obama doesn’t “give a shit” about terrorism.

Observations:

I. Yes, the incursion on traditional news reporting by alleged comedy and satire shows like Bill Maher’s HBO conservative-bashing orgy and the various clown nose off and on with lightning speed political commentary shows on Comedy Central was bound to lead to this. It is kind of unfair: Maher can call Michele Bachmann a cunt without consequence, and Jon Stewart can throw “fuck” around like confetti, but their favorite target, Fox News, is limited in its rhetoric as the wits are not. Well, that’s Fox’s burden, and its obligation. It can’t sink to the level of Maher and Comedy Central. This is a clear line. Comics are not obligated to have respect for anyone (even if they do suck up to Democrats more often than not.) Journalists and their guests are required to adhere to professional levels of civility, even when delivering harsh criticism. Continue reading

Ethics Revelations In The Obituaries: Media Bias And “Big Al”

obits

Ethics revelations lurk everywhere, even in the obituaries pages:

The Surprising Integrity of “Big Al”

Al Molinaro, the rumpled, large proboscused character actor best known as “Murray the cop” on TV’s “Odd Couple” and the proprietor of
the diner on “Happy Days,” where he mastered the world-weary catch phrase of “Yeeeaaahh, yeah-yeah-yeah…,” died last week at the advanced age of 96. In his Washington Post obituary, I gained new admiration for Al. (I was always an Arnold (Pat Morita) man, myself, and if you don’t understand that reference, good for you. You ignored “Happy Days.”) At the end of Al’s obit, there was this…

“In 1990, Mr. Molinaro told the Chicago Tribune that Marshall, who went on to direct hit films including “Pretty Woman,” tried unsuccessfully to recruit him for big-screen work.

“I can’t work in movies with Garry because I’m so square that I won’t be in a movie that has four-letter words in it,” Mr. Molinaro said. “That puts me pretty much totally out of films these days. . . . You get to a point where you don’t want to do just anything for the career. You gotta live with yourself.”

Now that’s integrity, and in show business, of all places. Our culture remains civil and benign only if we are willing to fight for it, or at least withhold our assistance as it deteriorates. Molinaro had the courage and integrity to accept this civic duty, Few among as do, and actors—especially specialty character actors like Al, almost never do. I remember that Mel Brooks harbored dreams of getting John Wayne to play “The Waco Kid” in “Blazing Saddles,” and said that he ran in to the Duke and talked him into reading the screenplay.  Wayne called him the next day and told Brooks that he loved the script, but that he couldn’t take the role. “It’s too dirty,” he said. “I’m John Wayne!” But he said he laughed all night as he read it, and promised to be “at the head of the line” when it opens. Continue reading

Unethical App Of The Month: Peeple

The co-founders of Peeple. I don't care which is which.

The co-founders of Peeple. I don’t care which is which.

(I’m officially adding this as an Ethics Alarms category. I don’t know why it too so long.)

The Washington Post reports that a greedy woman who never heard of the Golden Rule will be launching Peeple, “essentially Yelp for humans,” sometime in November:

“…you will be able to assign reviews and one- to five-star ratings to everyone you know: your exes, your co-workers, the old guy who lives next door. You can’t opt out — once someone puts your name in the Peeple system, it’s there unless you violate the site’s terms of service. And you can’t delete bad or biased reviews — that would defeat the whole purpose.”

Which is what, exactly? To pre-bias all future relationships by making sure they are colored by someone else’s judgment, emotions, or prejudices? Not only should no one want to be rated on such a service, no one should want to use it if they have a brain in their head. (No one should want to use Yelp, either.) Why should my standards, which are unique to me, be suppressed by the standards of other people I don’t know or respect? My ability to trust new acquaintances will be undermined by people I have no reason to trust, since a) I won’t know them and b) I won’t trust anyone so unethical as to smear someone like this.

As for positive reviews, what’s to stop someone from arranging to give positive feedback on a friend in exchange for a return rave? Nothing. The app will pave the way for sociopaths and con artists. Imagine what Bill Clinton’s reviews would look like.

Julia Cordray, one of the app’s founders, tells the Post, “People do so much research when they buy a car or make those kinds of decisions Why not do the same kind of research on other aspects of your life?”

Because it isn’t valid research, you moron. It is hearsay and opinion, neither of which would be admissible in court, for excellent reasons: they are unreliable.

The Post:

“A bubbly, no-holds-barred trendy lady” with a marketing degree and two recruiting companies”—“Trendy lady”? Great, I hate her already—“Cordray sees no reason you wouldn’t want to ‘showcase your character’ online”—I already showcase my character online, thanks. It’s called Ethics Alarms, but the difference is that I really do know myself, and I trust the standards of the reviewer implicitly. They are very close to my own…

“Co-founder Nicole McCullough comes at the app from a different angle: As a mother of two in an era when people don’t always know their neighbors, she wanted something to help her decide whom to trust with her kids.”

There we go. With any luck, there will be a few good, whopping law suits for defamation that will either reduce the user base of this App From Hell to four pranksters and a few mean and bored seniors with grudges, or drive the Trendy Lady to another scheme to make the world a little more unpleasant. Continue reading

At Target, One Of Life’s Little Ethics Tests

 

target-logo

We were just shopping at Target, buying everything from dog food to throw pillows to laundry detergent. The lines were long, I was feeling crappy, and the bill was $142.78. The stuff was all loaded into the trunk of our car, a long walk from the entrance, when my wife noticed a tiny 25 watt light bulb—price: $2. 27— that had slipped into a crevice in the cart. “Ooooh, I bet they didn’t charge us for that,” she said.

Immediately, I was hit with a furious rationalization assault trying to kill my ethics alarms like Santa Anna’s men climbing over the Alamo’s walls:

  • “Who cares? They won’t care. Let’s just go!”
  • “It wouldn’t have been missed if the line didn’t make us late! Target deserves to lose the bulb!”
  • “We can tell them about it next time!”
  • “Nobody would go back and return this!”
  • “The walk and the inconvenience are more trouble than the lousy bulb is worth!”
  • “You think it’s stealing? Fine, leave it in the cart. Then we don’t get it either.”
  • “This wasn’t my fault!”

We went back and gave the unpaid for bulb to the customer service clerk. She raised an eyebrow and said, “Really?” Not “Wow, you people are so ethical. I’m going to tell my children about you” really, but “Wow, you people are idiots. Nobody does this. It’s a lousy $2.27! I’m going to tell my friends about this, and they will laugh long and hard” really.

This is anti-ethics bias micro-aggression, and in its own, incremental, crummy way, it makes society more unethical and untrusting because it treats ethical conduct as aberrational. If I had been feeling better and my usual annoying, feisty self, I may well have said,

“Oh, is a customer being honest ridiculous to you? So from that I assume that you approve of minor theft, is that accurate? Does that mean you are lifting low priced items from the store, and allowing your friends and family to do so? Let me talk with your manager, please. I want to ask him if you reflect Target policy. I’d like it clarified myself. What priced items are considered so disposable that theft of them is expected to be shrugged off as trivial? Under five bucks? Ten? Twenty? Why stop at twenty? Fifty? A hundred?”

“Before I explain your reaction to your supervisor and ask if that accurately reflects the store’s attitude toward not paying for inexpensive merchandise, let me convey this for future reference. The proper response to a customer who returns an unchecked item rather than just leaving with it is ‘Thank-you!’ and a smile. Not “Really?” and a smirk. Got that?”

Dirty Harry would have added, “Well, do ya…punk?”

The Duty To Confront, Part Two: A Teacher Takes A Stand

confrontation

Here is the tale of a teacher who understands the duty to confront-–and not to consent to being a victim from Washington Post local columnist Jay Mathews latest:

Linda Johnson, a retired California teacher, told me what happened…

“About 10 years ago, my student teacher and I were walking my first-graders to the computer lab,” she said. “One little boy started to yell and jump around, so I asked him to go back to the room with the student teacher. In a few minutes, the boy’s father came along to check his son out for a dental appointment. When he saw the boy crying, he went ballistic and came running after me. He cornered me at the entrance to the computer room and screamed at me in a menacing way in front of my students. He waved his arm at me in a threatening way.”

He warned her never to do it again. It looked like the man was going to hit her. “I was very frightened for my students and was careful not to provoke him further,” Johnson said.

Fifteen minutes later, after school was dismissed, she went to the principal’s office and found the father reporting her to the vice principal. [Johnson] screamed at the man: “If you ever threaten me in front of my class again, I’ll go to the police.”

…The next day, as Johnson expected, she was called into the principal’s office. The vice principal also was there. They told her that they were putting a letter in her file for screaming at the man. “Excuse me,” she said. “I am the victim, and I will write the letter. I am also going to file a report with the police.” When the principal, not expecting this, tried to retract what he said, she walked out of the office and went straight to police headquarters. She signed a complaint against the father, accusing him of “disturbing school.”

She sent a letter of complaint about the way she was treated to the superintendent, the teachers union president, the principal, the vice principal and every member of the school board. She asked for letters of apology within 30 days. By the time the police case came up, she thought she might have been too hard on the father and told the court that she didn’t think he realized he was committing a misdemeanor.

 “Don’t worry about that,” the court commissioner said. “He knows his felonies from his misdemeanors.” The father was indeed a felon. …The school district banned the father from the school and transferred his children to another campus…

Teachers who have had such experiences will understand how good Johnson felt when the two administrators gave her their letters of apology.

As in Part One, this reminds me of another personal experience, this one from the weekend, and not yet finished. Continue reading