Tag Archives: Texas

When Ethics Alarms Don’t Ring: The Bad Date Lawsuit

No story is too stupid for Ethics Alarms!

I’m so proud.

In Round Rock, Texas, Brandon Vezmar took a woman out for a pizza and to see “Guardians of the Galaxy, Vol. 2” , but she texted throughout the film and then left him sitting alone. He texted her, demanding that she  refund the cost of the pizza and the ticket, but she says she refused because “he took me out on a date.”. Now Brandon has filed a claim for $17.31 in small claims court.

Ethics Observations:

1. Brandon’s law suit can be translated as: “Look at me! I’m a big jerk!” I cannot imagine that he will be more successful finding dates in the future. And no wonder she abandoned him.

2. The lawsuit is an abuse of process. He will be lucky if he doesn’t get a dressing down from the judge.

3. Of course he should have let the incident go. This is custom, not contract. The date stunk. That’s a risk you take.

4. The woman, who remains un-named, is a rude jerk as well. She could and should have apologized quickly enough that Big Jerk didn’t have time to complain.

5. There is so much wrong with any two people who can’t locate the social skills and common sense to resolve a matter like this without resorting to the legal system, that it is a near certainty that they will engage in far worse conduct, doing real harm, in the future.

______________________

Pointer: Tim Levier

 

59 Comments

Filed under Character, Ethics Alarms Award Nominee, Ethics Dunces, Etiquette and manners, Law & Law Enforcement, Romance and Relationships

Comment Of The Day: “Comment Of The Day: ‘No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not Discrimination.’”

The health care/ACA/AHCA commentary from readers continues to be uniformly excellent. (It was originally spurred by the post, No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not “Discrimination.”Spartan’s Comment of the Day on the topic has itself sparked its own Comment Of The Day, this one authored by Charles Green.

By fortune’s smiles, I was able to finally meet Charlie last week face to face, as he kindly alerted me that he would be passing through my neighborhood. Finally having personal contact with an Ethics Alarms reader is always a revealing and enjoyable experience, and this time especially so. I think you would all enjoy Charlie; I certainly did. Maybe I need to hold an Ethics Alarms convention.

Here is his Comment of the Day on the post, Comment Of The Day: “No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not ‘Discrimination’.”

…The claim that “a free market system” and “freedom of choice” is the solution to all that ails us is a mindless mantra that is only occasionally true, but not always.

It’s important to be clear about when free market solutions are good, and when they are not. It’s not all that hard to sort out. Basically:

Free market solutions ought to be the presumptive default. Unless there is good reason to the contrary, they ought to be the rule.

1. Exception Number 1: Natural monopolies. It makes no sense to have competition for municipal water supplies; airports; multiple-gauge railroads; fishing grounds; groundwater; or police departments. The basic reason is the putative economic benefit is either simply not there, or is absurdly overwhelmed by the social confusion engendered by multiple suppliers.
In these cases, a form of regulated monopoly is desirable. (By the way, the airline industry at a national level is precisely this kind of market; we do not have too little competition there, but too little regulation).

2. Exception Number 2a: Wallet-driven market power monopolies. It’s strategy 101 in business schools that the way to be successful is to be #1 or #2, and the best way to do that is to get more market share than your competition, so you can drive them out of business. The one guaranteed way to do that is to cut prices so low that no one else can compete. Think Walmart. Think Amazon. Think Japanese in the 60s and 70s in any industry.
The reason we have anti-monopoly laws is to reset the playing field when a competitor dominates the market too strongly.

3. Exception Number 2b: Product-driven market power monopolies. Where the product is so obscure, expensive, infinitely variable, and difficult to understand that the producers are de facto in control, because it is too confusing and too dangerous to challenge them.
Drug prescriptions are an interesting example. The ‘free market solution’ to high drug prices was (partly) to let drug companies advertise, and to loosen up the definition of what constituted a ‘new’ drug. What did we get? New diseases like RLS, new definitions of ‘new’ (moving ‘off label’ to ‘on label’) and even higher drug company profits. Because who’s still going to argue with your doc? Especially when he or she gets side benefits from giving in to the latest DTC ads on network news programs?

Continue reading

33 Comments

Filed under Around the World, Bioethics, Business & Commercial, Comment of the Day, Ethics Alarms Award Nominee, Finance, Government & Politics, Health and Medicine, Research and Scholarship

Ethics Dunce: Me. I Forgot The Alamo

It is now April, and though I vowed at the end of February to finally post a thorough essay on the significance of the Alamo to U.S. culture, ethics, traditions and ideals at some point during the dates corresponding to the fort’s siege and fall on March 6, 1836.

I never did.

I thought I had posted an earlier essay about the Alamo. No, I haven’t. This is as inexplicable as it is inexcusable. The Alamo is by far my favorite historical landmark, and one of the events in American history that most inspires and fascinates me, beginning from when I looked on in horror as Fess Parker, as Davy Crockett, desperately clubbed Mexican soldiers as the last Alamo defender standing, and hundreds more charged toward him, as I heard on the soundtrack,

His land is biggest an’ his land is best, from grassy plains to the mountain crest

He’s ahead of us all meetin’ the test, followin’ his legend into the West

Davy, Davy Crockett, king of the wild frontier!

I learned all about Davy, of course, the real Davy, America’s first pop culture celebrity who created a legend about himself and by fate, irony or justice, inadvertently placed himself in a situation where he had to live up to his own hype—and by all accounts,did. Then there was Jim Bowie. I had seen several dramatized versions of his famous last stand, fighting off soldiers from his cot, finally dispatching one last attacker with his Bowie knife. It is one of the great examples of a scene so good it should have been true, though it wasn’t: Bowie was dead or unconscious by the time the Mexican burst into his sick room. Never mind: that’s how an American hero goes down, fighting. “Print the legend.” Later I learned how Bowie really was one tough, brave SOB, the perfect man for the Alamo, if he hadn’t been dying of cholera.

My impression of William Barrett Travis was biased by Lawrence Harvey’s portrayal of him as a martinet (with a British accent that supplanted his Southern one after the first scene) in the John Wayne film “The Alamo”, my favorite movie as a kid. The real Travis was a pefect example of someone who had failed in everything, including as a father and a husband, but redeemed himself magnificently at the end. His final letter to the world is one of the great proclamations of defiance, dedication and courage in all of history.

I will never forget my first visit to the Alamo, and seeing Texans weeping, openly, proudly, as they read the plaque with Travis’s words engraved on it:

Commandancy of the Alamo
Bejar, Feby. 24, 1836

To the People of Texas & All Americans in the World

Fellow citizens & compatriots

I am besieged, by a thousand or more of the Mexicans under Santa Anna I have sustained a continual Bombardment and cannonade for 24 hours & have not lost a man The enemy has demanded a surrender at discretion, otherwise, the garrison are to be put to the sword, if the fort is taken I have answered the demand with a cannon shot, and our flag still waves proudly from the walls. I shall never surrender or retreat. Then, I call on you in the name of Liberty, of patriotism and everything dear to the American character, to come to our aid, with all dispatch. The enemy is receiving reinforcements daily & will no doubt increase to three or four thousand in four or five days. If this call is neglected, I am determined to sustain myself as long as possible and die like a soldier who never forgets what is due to his own honor & that of his country VICTORY OR DEATH.

William Barret Travis.

The story of the Alamo isn’t taught in schools outside of Texas. It wasn’t taught in my school, either: like most American history, I learned about the event though a thick mixture of pop culture, reading (Walter Lord’s “A Time To Stand” was a birthday present in 1961) and ongoing research. I recently completed “Texas Rising,” which was also just broadcast on cable as a mini-series starring the late Bill Paxton as Sam Houston. Historian Stephen Moore is a plodding writer, but he nicely puts to rest the currently popular politically correct slander that the defenders of the Alamo and the Texas rebels were fighting to keep their slaves, and trying to steal Mexico’s land. The Texians were opposing a dictator who had changed the terms under which they had come to the territory, and anyone familiar with the American character could have predicted what would happen when a despot demanded that they submit to unelected authority. The Alamo was a fight for liberty and democracy, and its martyrs exemplified sacrifice for principle and country.

I let them down. The story of the Alamo should be told and retold, with its ethics lessons made clear and bright. Next year, on March 6. 2018, Ethics Alarms will honor Davy, Bowie, Travis, Bonham, Almaron Dickinson and the rest of the 220 or so heroes who died that day, and do it the right way, not as an afterthought.

Don’t let me forget.

 

68 Comments

Filed under Character, Ethics Heroes, Ethics Quotes, History, War and the Military

In A Photo Finish Race For Incompetent Elected Official Of The Month, Ohio State Wes Retherford (R) Edges Texas State Rep. Jessica Farrar (D)

Both are embarrassments to their parties, their states, and the voters who elected them, however.

First the winner: Ohio State Representative Wes Retherford, R-Hamilton, who was discovered over the weekend passed out drunk in his car with a loaded firearm at a McDonald’s drive-thru . Wes was arrested by Butler County sheriff’s deputies, and faces charges of operating a vehicle under the influence and improper handling of a firearm in a motor vehicle, because there is no current criminal law covering unbelievably stupid conduct by an elected official.

Retherford was easily re-elected in November in the heavily Republican district, even though voters had to know he was a drunk. He had to defeat a challenger in the GOP primary after another candidate gained the party’s endorsement because Retherford had been criticized for “partying.” “Partying” is a euphemism, in this case, for “has a serious drinking problem and is likely to end up  passed out drunk in his car at a McDonald’s drive-thru with a loaded firearm. The Ohio House Speaker even had to order a drinks cart removed from Retherford’s office because it violated House rules. People voted for him anyway. They must be so proud.

Our runner-up is a different brand of fool, but a fool nonetheless: Texas State Rep. Jessica Farrar, a Democrat, offered what she termed a “satirical bill”  that would fine men for masturbating, allow doctors to refuse to prescribe Viagra and require men to undergo a medically unnecessary rectal exam before any elective vasectomy. Farrar says that she knows her bill will never pass, but says she hopes it will start a conversation about abortion restrictions. Continue reading

82 Comments

Filed under Bioethics, Childhood and children, Ethics Alarms Award Nominee, Ethics Dunces, Government & Politics, Humor and Satire, Incompetent Elected Officials, Law & Law Enforcement, Rights

The “Transitioning” Female Wrestler: A Failure Of Ethics And Common Sense

The girls wrestling champion, Matt Beggs.

The girls wrestling champion, Mack Beggs.

Mack Beggs is a competitive wrestler at Euless Trinity High School, and also is a biological female more than a year into the process of “transitioning” to male.  Beggs just won his third consecutive girls’ wrestling tournament victory in the 110-pound weight class. I’ll call him “he” because that is what the student wants to be called, and he, in great part due to the male steroid treatment he has been undergoing,  is now 55-0 on the season. All of his opponents have been high school girls who are not taking steroids, and unlike Mack, do not intend to become, for all intents and purposes, male.

While Beggs says he wants to wrestle in the boy’s competitions,  the University Interscholastic League rules use an athlete’s birth certificate to determine gender, a measure that makes sense in most cases, just not this one. (See: The Ethics Incompleteness Principle) The rules prohibit girls from wrestling in the boys division and vice versa, and rules are rules. If you are a rigid, non-ethically astute bureaucrat, you follow rules even when you know that they will lead to unjust, absurd results, like Mack’s 55-0 record in matches.

The  rules also say that taking performance enhancing drugs like the testosterone that has given Beggs greater muscle mass and strength than his female competitors is forbidden, but  UIL provides an exception for drugs prescribed by a doctor for a valid medical purpose. After a review of Beggs’ medical records, the body granted him permission to compete while  taking male steroids—compete as a girl, that is.  Rules are rules!

One athletic director, after watching Beggs crush a weaker female competitor who left the ring in tears,  asked for his name not to be used as he commented to reporters, and opined that “there is cause for concern because of the testosterone,” and added, “I think there is a benefit.”

Really going out on a limb there, sport, aren’t you?

Here, let me help.

This is an unfair, foolish, completely avoidable fiasco brought about by every party involved not merely failing to follow ethical principles and common sense, but refusing to. Continue reading

36 Comments

Filed under "bias makes you stupid", Childhood and children, Education, Ethics Alarms Award Nominee, Gender and Sex, Rights, Sports

The Naked Teacher Principle, Ex-Porn Star Variation

That's porn star Robyn (the blonde) on the left, in one of her online photos I can publish; and Resa, empowering teacher of young girls, on the left.

That’s former porn star Robyn (the blonde) on the left, in one of her online photos that I can publish; and Resa, empowering teacher of young girls, on the right.

It has been a while since the last Naked Teacher Principle episode. This one is pretty much standard, with the usual attendant lessons.

For the uninitiated, The Naked Teacher Principle (NTP), to which there are many sub-categories (my personal favorite is the “Naked Teacher Who Paints With His Butt While Wearing A Bag Over His Head Principle”), is this:

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

The first formulation of the NTP can be found here. The annals of this endlessly diverse issue are here.

Now the saga of Resa Woodward, aka Robyn Foster. Continue reading

27 Comments

Filed under Arts & Entertainment, Business & Commercial, Character, Childhood and children, Education, Ethics Alarms Award Nominee, Gender and Sex, Professions

From The “How Often Can Something Like This Happen In An Ethical Profession?” Files: The Art Teacher’s Meltdown

I know a lot of teachers get angry with me for my increasing certitude that they are in an unethical profession with some ethical members (like them), rather than an ethical profession with isolated unethical exceptions. This incident supports my critical views. Unless mental illness is involved, an adult doesn’t belong to a profession with well-defined standards and ethics rules and act like this.

At W.H. Adamson High School in Dallas, Texas, art students were treated to an epic meltdown by their teacher, Payal Modi, who screamed “Die!” and shot President Trump’s image on the screen with a water gun as students watched his inauguration on TV.  A student caught this on video, and Modi, who was proud of the planned display, posted it to her Instagram account.

This is more political indoctrination the classroom, which educators not today only tolerate but nurture. A teacher modelling violence toward any individual, but especially the President of The United States, in front of students, is such a stunning breach of professional ethics that no teacher should  have the idea even flicker across her mind. Payal Modi planned it.  A teacher who behaves like this cannot be trusted with students. A teacher like Modi calls into question everyone and every institution connected with her.

Adamson High School assistant principal Bobby Nevels confirmed that Modi shot the squirt gun at the TV, during class and in front of students. It is six days later. Why does she have a job? Why has the school not made a public apology? Why hasn’t the teachers’ union condemned her actions?

In eight years, no teacher did anything displaying close to this level of hostility and disrespect to President Obama. What do you think the reaction would have been by a school district if one had? Would the official position be, as Nevels’ was, “The district will not comment on personnel issues.” How about reassuring parents and the public that the district recognizes that this isn’t just a personnel issue, but an incident that calls into question the integrity of the education system and the  teaching profession? Modi is the product of an unethical culture that is rotting public education from within.

Is there a specific Teachers Code of Conduct provision, enforced and universal, that would guide a teacher not to do something this outrageous? The NEA has a Code, but there is no enforcement mechanism. There is also no prohibition against demonstrating hostility and disrespect toward public figures, or engaging in violent displays in class. Here are the provisions relevant to Modi’s meltdown: Continue reading

34 Comments

Filed under Character, Childhood and children, Education, Ethics Alarms Award Nominee, Ethics Train Wrecks, Government & Politics, Professions