Comment Of The Day: “Ethics Quiz And Poll: The Nurse Practitioner’s Dilemma”

As I thought it might, the Ethics Quiz about “The Ethicist’s” position that a nurse practitioner was obligated to help an unemployed, unmarried, 16-year-old high school drop-out get pregnant provoked a lot of discussion. Here is how the poll results on the issue are running:

And here is Arthur in Maine’s Comment of the Day on the post, “Ethics Quiz And Poll: The Nurse Practitioner’s Dilemma”:

Yikes. I know you hold Appiah in high regard, and your previous posts about his work make clear why. But I agree with you – he’s very much in the wrong on this one.

Many years ago, I worked in a group home for adjudicated teenagers. We had several 15 and 16 year old girls who, like the girl in question, actually wanted to become pregnant (thank God none of them managed to achieve this goal on our watch).

I recognize that my sample size is small enough that this is nothing more than anecdotal – but as far as I’m concerned, well-adjusted 16-year-old girls may adore babies and kids but understand that now’s not the time. To desire pregnancy at that age requires one or more underlying pathologies. Continue reading

Sunday Ethics Warm-Up, 12/8/18: “Unconscionable, Despicable, And Indefensible”

Good morning!

1. The Hader Gotcha strikes again. Let me be clear: this is unconscionable, despicable, and indefensible. (Aside: Do you like that trio? In “Perry Mason,” the lawyers always objected that a question was “incompetent, irrelevant, and immaterial,” because it sounded nifty. I’ve never heard that objection made in a real trial, or read it in a transcript.) To remind you all, during the baseball season, beginning with young All-Star pitcher Josh Hader, multiple baseball players were embarrassed when someone with ill intent searched their old Twitter feeds to search for tweets that could be deemed racially offensive, hostile to gays, or disrespectful of women. I dubbed this miserable practice as “The Hader Gotcha.“All of the players had to grovel apologies to their team mates and the public, as “woke” sportswriters condemned them and lobbied for MLB to punish them for impulsive social media comments made before they could vote, before they were celebrities, and when their followers consisted of fourteen or so pimply-faced jerks. The same basic principle was employed to smear Brett Kavanaugh, the unfair and factually false preemption that conduct and attitudes displayed by minors indicate what their character is in adulthood.

Well, I guess it’s nice to know that not only whites, baseball players and conservatives are victims of this crap. Mere hours after winning the Heisman Trophy as the nation’s outstanding college football player, Oklahoma Sooners quarterback Kyler Murray had to apologize today for anti-gay tweets he made in 2011-12 , when he was 14 and 15 years old.

In case you are keeping score, because I am, the culprits here are an irresponsible, vicious news media, totalitarian-leaning leftists who want to police thoughts and intimidate the public into ideological conformity, and social media lynch mobs.

2. Sure, Donald Trump is the fear-monger. The increasingly hysterical and hyped warnings and soothsaying by various climate change-promoting bodies are either causing over-sensitive, scientifically ignorant and gullible members of the public to descend into despair, or members  of the news media are deliberately trying to cause fear and panic—at least based on the broadcast lament of MSNBC’s Katie Tur. The anchor told her audience that life was meaningless without a mass effort to combat the horrors of the warming planet. Discussing a New Yorker article on the topic, she said,

“I read that New Yorker article today and I thought gosh, how pointless is my life, and how pointless are the decisions that I make on a day-to-day basis when we are not focused on climate change every day, when it’s not leading every one of our newscasts?”

Unconscionable, despicable, and indefensible? No, just irresponsible, unprofessional, and stupid. And they wonder why so many people can’t take these hysterics seriously…

3. And the winner is…Plan K? Former federal prosecutor Andrew McCarthy thinks that the sentencing statement on Michael Cohen means that the President is very likely to be indicted on a charge of violating federal campaign finance laws  by the U.S. Attorney for the Southern District of New York, who has openly been pursuing a “get Trump” campaign. The theory would be election law violations in the pay-offs to Stormy Daniels, even though paying off a kiss-and -tell threat is usually legal, and even though election law violations are typically handled with fines, not indictments. McCarthy writes,

When it was discovered that Barack Obama’s 2008 presidential campaign was guilty of violations involving nearly $2 million – an amount that dwarfs the $280,000 in Cohen’s case – the Obama Justice Department decided not to prosecute. Instead, the matter was quietly disposed of by a $375,000 fine by the Federal Election Commission.

Yes, but Obama’s Justice Department’s mission was to run interference for the President, and there was not an ongoing effort to find some way to undo a presidential election. Continue reading

Comment Of The Day: “Morning Ethics Warm-Up, 1/27/2018: ‘If You Want It, Here’s How To Get It’ Edition”

Extradimensional Cephalopod was moved to write his wry Comment of the Day based on this partial post by Harold I. Ziegler ,which I quoted to illustrate the kind of reasoning that drives libertarians crazy…

Recently, videos have circulated on social media showing teens deliberately eating Tide Pods laundry detergent packs. All of this is part of what some call the “Tide Pod Challenge.” These pods contain highly concentrated laundry detergent under pressure and explode when bitten into, releasing their toxic contents and causing rapid ingestion and inhalation of dangerous chemicals. In my capacity as a toxic chemical researcher and consultant, I have investigated and seen several instances of the horrendous consequences that result from laundry pack ingestion: permanent burning of the mouth, throat, digestive tract, and lung tissue, and in some cases even death.Procter & Gamble (P&G), the manufacturer of Tide Pods, as well as other companies selling laundry detergent packs, have acted in the past to stem the misuse of their products. But these safety measures have failed.

It’s clear that laundry pods as they currently exist are too dangerous to be sold to the public. If P&G and other manufacturers can’t figure out a way to reduce the more than 10,000 injuries they cause each year, laundry packs need to be taken off the market.

I used to work for the trial lawyers association; I think product liability law is important, and that manufacturers need to consider consumer safety.  The argument  that anyone but parents are responsible when their toddlers eat Tide Pods, and worse, that anyone but the teens themselves are responsible for what happens when they put the detergent in their mouths knowing that it is detergent, however, is societally corrosive, as toxic as the pods themselves. Parents have the responsibility to keep poisons away from children. Teens have the responsibility to not take stupid dares they see on social media. If you can make Tide shelve its pods because teens are eating them, then you can ban knives with points because there’s a social media fad promoting knife-juggling. EC humorously expresses my feelings about the “if one stupid teen is saved” mindset.

Here is Extradimensional Cephalopod’s Comment of the Day on the Item #1 in the post, Morning Ethics Warm-Up, 1/27/2018: “If You Want It, Here’s How To Get It” Edition:

At first I was relating the argument for discontinuing detergent pods to the character of Wonko the Sane from the Hitchhiker’s Guide to the Galaxy. After seeing instructions printed on a toothpick container, he concluded that the world had gone mad, and put it in an asylum with himself as the warden (he turned his house inside out). After all, if you can discontinue laundry detergent because people old enough to know better are using it for a dangerous unintended purpose and parents can’t keep their cleaning agents in a safe place, then you can use that argument against literally any physical product, because someone can deliberately hurt themselves with it. Making it taste bad just adds to the challenge of self-harm.

However, after reading the article, I got an idea from the part where the author says that the companies have been dragging their feet as far as making their products less tasty-looking is concerned. Continue reading

Observations On Raw Story’s Shocking Exposé: “WATCH: Hot mic catches GOP senator ogling ‘beautiful’ teenaged girls with fellow lawmaker” Scoop

[I’m bumping this post ahead of the Morning Warm-Up. It is the kind of item that often ends up IN the Warm-Up, something a stumble upon early in the day while surfing the cable channels and the web as my Jack Russell Terrier snores in my lap, and often that means that I don’t give a development the full post it warrants. If I wait until after the Warm-Up posts, it’s often late in the day before I have time to get to the next post, and other matters have intervened.

This is, on the surface, a trivial story. It’s not, though. I don’t want to write that it shows that the hard left is losing its collective mind, because this evokes the vile Michael Savage’s book title, “Liberalism Is A Mental Disease,” which epitomizes the mutual demonization that is destroying civil discourse and a lot more. I’m not sure what to write–let’s see what happens…]

On memeorandum, a relentlessly balanced and up-to-the-minute headline aggregator site that is an invaluable resource, this was deemed one of the stories worthy of listing this morning. From Raw Story, a hard Left political site: WATCH: Hot mic catches GOP senator ogling ‘beautiful’ teenaged girls with fellow lawmaker.

It attracted my curiosity because I didn’t understand how a hot mic could “catch” anyone doing something physical, like ogling (it didn’t) and because I wondered if this was going to be yet another example of the Left prosecuting thought-crimes (which, as it turned out, it is.)

This is what that hot mic caught Mississippi Senator Roger Wicker (R-MI) saying on the floor of the Senate. Are you ready to be shocked? Are you sure?

“I thought you were going to say this was one of the most beautiful girls.”

That’s it.

He was presumably referring to one of the Senate pages. He expressed the opinion that one or several of them were beautiful.

I checked the Raw Story comments. With couple of exceptions, every one of the comments (until I couldn’t take it any more and stopped reading)  to this “bombshell” report—a GOP Senator thought that a teenage girl was beautiful and said so to a colleague! OH NO!!!—regarded Wicker’s comment as both newsworthy and damning. Here’s a representative sample, at the beginning of the thread, in sequence: Continue reading

Comment Of The Day: “Ethics Quiz: ’13 Reasons Why'”

More important than giant chickens, more susceptible to compassionate solutions  than North Korea, and more worthy of our consideration than Debbie Wasserman Schultz because anything is, the teen suicide problem generated excelled responses to a post about it here, and was, as topics are so often, quickly buried by other controversies and events.

Lets’ discuss this a bit longer, shall we? It’s worth it. A good way is to recall one of the best comments the post about the Netflix series dramatizing a fictional teen’s suicide and its effect on her friends.  Here is Rip’s Comment of the Day on the post, Ethics Quiz: “13 Reasons Why”:

OK— this issue is one I have spent years delving into. I spent the better part of a decade doing volunteer work; developing interviewing techniques at Georgetown hospital with student actors to help train pediatric medical students on how to find youth that are engaging in or thinking about behaviors that put themselves at risk.Doctors Abrams and Hawkins have done amazing work on developing tools to reach at risk adolescents

I hope to return to  this at some point, but my volunteer work is currently on hold. Here is what I know.

75% of teen deaths, including suicides, in this country are avoidable if there is intervention in time. Suicide is the second leading cause of youth death, and LGBT youth are 4 to 6 times more likely to commit the act. Thank god for the Trevor Project and It Gets Better campaigns: they help. In the 90s when I tried to create suicide prevention programs through theater, I was told by administrators that we could not do this, as it might give the kids “ideas.”

Ugh. The statistics show they already have the ideas. Continue reading

The Unibomber Had A Point. [UPDATED]

FX has a new limited series about the hunt for the Unabomber, Theodore John Kaczynski. I didn’t pay much attention to the story when it was going on; I just thought it was one more Harvard-grad-turns-serial-killer episode, and that was that. I certainly didn’t pay attention to his “manifesto.” The series, however, enlightened me.  As I understand it, Ted believed that technology was destroying society, making us all slaves to it, and taking the joy out of life. I have yet to see how blowing people up addressed this problem, but then he shouldn’t have to be right about everything. The evidence has been mounting since 1995, when he killed his final victim,that  the Unabomber  wasn’t quite as crazy as we thought.

I could bury you in links, but will not.  We are slaves, for example, to passwords. I teach lawyers that their devices containing client confidences should, to be properly protective of them under ethics standards, have passwords of at least 18 random letters, characters and numbers, with the password for every such device being different, and all of them changed every month. Or you can go the John Podesta route, use “password.” and get hacked, and eventually disciplined by your bar association, once they decide to get serious.

[CORRECTION: In the original post, I relayed a link to a site where you can check your password to see if it’s been compromised. I had been forwarded the link by another tech-interested lawyer. But as I was just alerted by a commenter (Than you, Brian!) It’s apotential trap and an unethical site, making you reveal your password to check it. I apologize for posting it. See how dangerous and tricky this stuff is? See? SEE?.I fell for the trap of depending on technology to protect us from technology! Ted warned us about that, too.]

Then there is this feature in The Atlantic. An excerpt: Continue reading

“Is It Possible To Address A Race-Related Problem Without Being Attacked As Racist?” And Other Reflections On The Holiday Mall Brawls

mall-violence

On the City Journal website, Heather Mac Donald of the Manhattan Institute writes in part,

Judging by video evidence, the participants in the violent mall brawls over the Christmas weekend were overwhelmingly black teens, though white teens were also involved. The media have assiduously ignored this fact, of course, as they have for previous violent flash mob episodes. That disproportion has significance for the next administration’s school-discipline policies, however. If Donald Trump wants to make schools safe again, he must rescind the Obama administration’s diktats regarding classroom discipline, which are based on a fantasy version of reality that is having serious real-world consequences.

The Obama Justice and Education Departments have strong-armed schools across the country to all but eliminate the suspension and expulsion of insubordinate students. The reason? Because black students are disciplined at higher rates than whites. According to Washington bureaucrats, such disproportionate suspensions can mean only one thing: teachers and administrators are racist. The Obama administration rejects the proposition that black students are more likely to assault teachers or fight with other students in class. The so-called “school to prison” pipeline is a function of bias, not of behavior, they say.

This week’s mall violence, which injured several police and security officers, is just the latest piece of evidence for how counterfactual that credo is.  A routine complaint in police-community meetings in minority areas is that large groups of teens are fighting on corners…The idea that such street behavior does not have a classroom counterpart is ludicrous. Black males between the ages of 14 and 17 commit homicide at ten times the rate of white and Hispanic males of the same age. The lack of socialization that produces such a vast disparity in murder rates, as well as less lethal street violence, inevitably will show up in classroom behavior….School officials in urban areas across the country set up security corridors manned by police officers at school dismissal times to avoid gang shootings. And yet, the Obama administration would have us believe that in the classroom, black students are no more likely to disrupt order than white students.

The entire essay is here.

Observations: Continue reading

The Sexting Persecution Of Cormega Copening

sexting

Charging kids with crimes for sexting themselves to a fully consenting fellow kid always seemed excessive and cruel to me. This story is the reductio ad absurdum that settles the matter.

In Fayetteville, North Carolina, 17-year-old Cormega Copening and his girlfriend Brianna Denson, also 17, began exchanging naked photos of themselves in text messages when they were 16. They were the only ones who saw the pictures, but someone somehow tipped off local authorities, who searched Copening’s phone and discovered them.

Copeling and Denson were charged with sexual exploitation. The Cumberland County Sheriff’s Office concluded that Denson had committed two felony sex crimes...against herself. A warrant cited her as both the adult perpetrator and the minor victim of two counts of sexual exploitation of a minor, second-degree exploitation for making her photo and third-degree exploitation for having her own nude photo in her possession. A conviction could have put Denson in prison and would have required her to register as a sex offender for the rest of her life. Denson pleaded guilty to a lesser charge and was given 12 months of probation.

Her sexting partner Copening, however, is still facing as much as ten years prison time for two counts of second-degree sexual exploitation and three counts of third-degree exploitation. As with Denson, the third-degree charges arise out of the pictures Copening had of himself.  That’s not the worst of the mind-twisting logic of this prosecution, however. North Carolina is one of two states in the country (the other: New York) that makes 16  the age of adulthood in the criminal system. The state’s consent laws consider anyone 16 and under a minor, but allows minors 16 or over to be charged as adults.

Gilbertian result: Copening is facing conviction, as an adult, for exploiting a minor—himself. Continue reading

Wasting A Heart

Heart transplant patient

I don’t have a solution to an ethics fiasco like this or know how it could be avoided, but there have to be some lessons buried here somewhere.

In 2013, 15-year-old Anthony Stokes was denied a place on the waiting list for a life-saving heart transplant  at Children’s Healthcare of Atlanta at Egleston because, the hospital explained, he had “a history of noncompliance, which is one of our center’s contraindications to listing for heart transplant.”

This means that doctors doubted that Anthony would take his medicine or go to follow-up appointments. In other words, he was too unreliable and irresponsible to be entrusted with a heart that could save the life of someone else more likely to make good use of it. When a doctor told the family that Anthony’s low grades and time spent in juvenile detention factored into the assessment, however, that gave the family an opening to save the boy’s life. They played the race card. Anthony was being sentenced to death because he was poor and black, and a white patient would naturally be a better risk. The media ran with the narrative, and there was national outrage. Fearing a public relations disaster, the hospital reversed its decision, and Stokes got his heart.

From the Washington Post today:

Tuesday afternoon, [Anthony] Stokes died after a vehicle he was driving jumped a curb, hit a pedestrian and collided with a pole in a car chase with police, according to WSBTV. The pedestrian was hospitalized for her injuries, but Stokes’s car was nearly split in half by the sign, according to the Atlanta Journal-Constitution.

Police said he had to be cut out of the Honda by first responders and rushed to a hospital where he later died…Stokes was driving a car that matched the description of one used by a person suspected of breaking into an elderly woman’s home. The chase began after officers responding to her 911 call attempted to pull Stokes over, according to WXIA.

Pensive and Rueful Observations: Continue reading

Turning In Your Own Teen For Sexting?

sexting

I don’t understand this. I don’t understand the parents’ thinking at all.

I can understand reporting a child to the police who is a danger to others, who has committed a serious crime, who is a burgeoning sociopath or psychopath who needs to be stopped before something terrible occurs. I can understand when not doing so amounts to being an accessory and an accomplice. It has to be the most wrenching of parental decisions, but I understand these things.

This, however, I don’t understand.

In Dinwiddie County, Virginia, parents became suspicious, and checked their 13-year-old daughter’s cell phone and tablet. They discovered their daughter, soon to enter the eighth-grade, had been sending and receiving naked pictures of other teens, including those who were much older, 17 and 18.

CBS reports that the parents called in the sheriff’s office, even though it means that she might be charged with a crime.   “We did this now to protect her for now and in the future, because this could get worse. She could be taken,” she said.

She could also become the victim of an overzealous prosecutor, and end up in the criminal justice system for what is essentially pre-crime, become cynical and hardened before her time, and be permanently scarred, never to trust her parents again.

The story is sketchy, so there may be facts we don’t know. Before I would call the cops on my child at 13 for what is essentially high-tech flirting, I would consider..

  • Grounding her.
  • Taking away her electronic devices.
  • Getting her counseling.
  • Moving.

Wouldn’t you?