Author: southwerk

I am a 53 year old teacher. I have double major in Speech and Criminal Justice resulting in a Bachelor's degree from Northeastern State University in Oklahoma and a law degree.

Ethics Roundup, 11-14-2011

On By southwerkIn Business Ethics1 Comment

Ethics Roundup for 11/14/2011.

1. Ethics Bob has a post called – Are the media out to wreck Herman Cain’s candidacy? No, he’s doing it to himself, quite effectively

Here’s a paragraph from the essay:

Ethics Bob

Cain has only himself to blame for the vultures circling overhead. His story has changed—materially—every day, and more than once most days. First he denied ever being accused of sexual harassment. Then he acknowledged that there had been a complaint but he turned it over to the association that he headed and he didn’t think anything had come of it. Then he said there had been no settlement paid to his accuser(s). Then he said, wait a minute I thought there had been an agreement, not a settlement.

 

2. Gail O’Brien writing in The Week in Ethics has an interesting article –

How PSU’s President and Coach Paterno Lost the Game.

Here’s a selection from the article:

Spanier called the allegations about Sandusky “troubling. He said, “It is appropriate that they be investigated thoroughly. Protecting children requires the utmost vigilance.”

Protecting children does require utmost vigilance; a vigilance neither his actions or those of his team appear to have demonstrated to PSU’s stakeholders.

3. The Ethics Sage has another article on the Penn State Scandal –

Paterno and Penn State: A Matter of Integrity

This is good, very good –

As for the Paterno matter, the decision of the Penn State Board of Trustees to fire legendary and much loved iconic football coach Joe Paterno was painful for some to accept. After all, Paterno had just announced his retirement at the end of the year, after his 46th season as head coach. He had just become the winningest coach in college football history – 409 victories. He is loved by all at Penn State – by the university community, and throughout the state of Pennsylvania. But, is that a good reason not to fire a coach who was told of the sexual abuse of a 10-year old boy in 2002 and did not take any action that might have prevented such a tragedy in the future? Paterno knew nothing was being done by University higher-ups and didn’t take any action other than to make the initial report. This is not how a person of integrity should act.

 

Penn State Nittany Lions head coach Joe Patern...
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The Telephone Wall

On By southwerkIn Economic Justice
Info from the English WP http://en.wikipedia.o...
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I was watching Gasland, the Josh Fox documentary with my class a few days ago. There were two scenes in the film that struck me. Fox tries to call a gas company for comment and gets the run around, a vigorous spirited run around. It gave off a scent of “We don’t have to tell you little people anything, ever.”

But don’t we get that treatment all the time? We call our bank, we call our computer company, we call the cable company, and we call and we call, and we find ourselves enmeshed in a web of partial answers, refusals, and promises to call back later. I hate promises to call back later, they always come when I’m in the middle of something (like teaching class) or they don’t come at all.

It is certain that some organizations, some companies, have these telephone walls, merely to channel messages or discourage the unnecessary message. However, with the giant corporations in this case the gas companies, these phone walls have a more sinister purpose, that is, to deny the public the interviews, the information that would place the companies in a bad light. After all, there is a strong implication that having lobbied successfully to evade federal regulations, even the most mundane studies, that you are doing something wrong.

Of course, it’s hard to imagine a great corporation accessible without going through a gaggle of public relations minions and the occasional attorney. But we are not yet a complete oligarchy of corporations, corporate clients and a compliant government manipulating a passive, electronically entranced populous, American citizens still have responsibility to other citizens. I happen to believe that when you are a corporate citizen and are building a nation wide infrastructure of gas wells, you have a responsibility to give an occasional interview.

James Pilant

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Contraception under Attack

On By southwerkIn Opinion
The Norman north west tower prior to demolitio...

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Comment: Putting religious group’s campaign against contraception into context | McClatchy

I was following my daily reading ritual beginning with Beat the Press, the next six, and then finishing with Slate.  McClatchy (fifth) is always interesting often going where the regular news media do not.

Sometimes, you read an article that is particular useful to your thinking (and one that I wish I had written myself).

This article puts the recent drive by fundamentalist and Catholic denominations to limit reproductive freedom, more precisely, contraception. The essay discusses the history of previous attempts of religion to limit rights. I was aware of these but had never thought of viewing the recent events in context.

I want to give credit to Sarah Lipton-Lubet of American Civil Liberties Union for building my understanding of the issue.

Here’s a paragraph from the story (link at the bottom of the page) –

Remarkably, contraception has recently come under attack with new vigor. Earlier this year, the House of Representatives voted to eliminate Title X, the federal program that makes contraception accessible to low-income people throughout the country, and to defund Planned Parenthood’s family planning work. Mississippi was contemplating a constitutional amendment that would outright ban some of the most common forms of birth control. And now, important new federal guidelines that will ensure insurance plans include coverage of contraception are being targeted.

Once again, I thank the author.

James Pilant

Commentary: Putting religious group’s campaign against contraception into context | McClatchy

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Fantastic Video / Garfunkel and Oates – “Save the Rich”

On By southwerkIn Economic Justice
Riki Lindhome and Kate Micucci performing as &...
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I have long been a fan of Garfunkel and Oates (Kate Micucci and Riki Lindhome) since I came across their video “Sex with Ducks” some years ago. If you want smart, intellectual humor you can find plenty on their You Tube web site or you can go to their main site here. (WARNING – Strong Language)  I’ve written about them before but their new video calls for comment on my part.

Here is the video – just click on the link below –

Save the Rich by Garfunkel and Oates

Music is often a vehicle for social comment. Garfunkel and Oates usually aim their musical commentary at the weird social scene of Southern California but here they show some sharp satirical teeth regarding economic inequality.

This one captures with I believe considerable accuracy the views of many in the Occupy Wall Street Movement and the 99 percenters. It’s topical and it is very funny.

Besides, an occasional jab at the Republican spin phrase, job creators, is something I relish.

James Pilant

P.S. Here’s a review of one of their performances from Katherine Phelps, in search of LOLitanium

Lindhome and Micucci showed skill in their playing and tightly blended voices. The vocal clarity and articulation were excellent. This is important. Some people think that with comedy they can forego skill in certain performance elements, because doing something badly is funny. However, most comedians who have received the biggest laughs for this sort of gag, do so out of genuine ability and understanding how to make something hilariously bad. Victor Borge was famous for this. Micucci and Lindhome do not take this approach. Instead they ensure they deliver their material with such competence that nothing gets in the way of the jokes. It’s a very smooth package.

Riki Lindhome - courtesy UCBComedy

 

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Will Rogers – Mortgage Relief

On By southwerkIn Business Ethics

Will Rogers (19th century photo)

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I am a big fan of the American humorist, Will Rogers. I have a first edition of one of his biographies, (Will Rogers, Ambassador of Good Will, Prince of Wit and Wisdom – P.J. O’Brien) and hope to collect a complete set of his newspaper columns.

The mortgage foreclosure crisis has  long been a concern of mine. I’ve written about it many times.

Imagine my delight when I discovered that Rogers had his own views on the subject –

… Why my lord, there is dozens of different things that will help the farmer on his land, besides water, or fertilizer, either. There is the interest on the first, and second mortgages. Why don’t they introduce a bill in Congress to help the farmer by paying off his mortgages? That’s what eating him upon the farm, it’s not lack of irrigation, or lack of fertilizer – it’s abundance of interest payments; that’ s the baby that is there every minute of every day. Talk and sing about “Old Man River,” but it’s old man “interest” that keeps the farmer running to town every few days. He has to have a bookkeeper to keep a set of book to keep track of when his various Notes and Mortgage interest comes due. It’s the thought of the old mortgages that keep him awake at night.

But if you notice, they are always trying to put through some kind of bill in Congress, but nobody ever puts one through to do something about interest. No sir, you couldn’t do that, because then you are getting into the business of the boys that really hold the hoops while the jumping is going on. You could no more get a bill through to whittle the old interest down, than you could get a politician to admit a mistake.

(The column was written in 1928 and is found on pages 134-135 of A Will Rogers Treasury, compiled by Bryan B. Sterling and Frances N. Sterling, Crown Publishing 1982)

Rogers was not a big fan of Congress or the big banks. In 1928, the farming depression was in its tenth year. American farmers had prospered during the First World War and had borrowed heavily to increase production by buying more land, mechanizing their farms, fertilizing and irrigating their crops. When the war ended and the soldiers of that war returned home and resumed farming the price of every kind of agricultural commodity dropped dramatically. The farmers were left on the hook for large mortgages that were difficult to pay. Believing in their way of life they doubled down getting further into debt but the agricultural depression did not let up until the Second World War. I wouldn’t be until the Roosevelt Administration that the farmers began to receive significant aid.

Will Rogers was a member of the one percent, the highest paid film star of his time but he never forgot where he came from and who was important even though they didn’t have that much money.

James Pilant

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Penn State Students Riot on Behalf of Morally Disgraced Coach

On By southwerkIn Business Ethics

A number of students at Penn State have rioted over the firing of legendary football coach, Joe Paterno. I am very disappointed in their behavior. From the grand jury report alone without any other media report, it is obvious that Paterno breached his moral duty by not reporting a cruel act of pedophilia and allowing the culprit to go free and possibly continue his criminal career for nine more years. Apparently some are arguing that since Paterno told his superiors, he had fulfilled his duty!

There was never any doubt in my mind that he and the college president had to be removed. The issues here are not grey, they are not indistinct; we are looking at a clear issue of right and wrong. These rioting Penn State students are making a statement here, that they do not understand the basic responsibilities of a citizen in our society.

From the New York Times –

After top Penn State officials announced that they had fired Joe Paterno on Wednesday night, thousands of students stormed the downtown area to display their anger and frustration, chanting the former coach’s name, tearing down light poles and overturning a television news van parked along College Avenue.

Now, let’s hear at least one person’s argument on behalf of the fired coach –

Again, from the New York Times story –

“I think the point people are trying to make is the media is responsible for JoePa going down,” said a freshman, Mike Clark, 18, adding that he believed that Mr. Paterno had met his legal and moral responsibilities by telling university authorities about an accusation that Mr. Sandusky assaulted a boy in a university shower in 2002.

Run this phrase from the paragraph above across your mind – “met his legal and moral responsibilities” Say it out loud and see if there is any way you can mean it.

There are those who believe when they have met the very least of their legal responsibilities, their moral duties are also fulfilled. I do not hold to that. My perception is that our moral responsibilities only begin there at the moral minimum of obedience to the law. We have duties to our fellow citizens and our nation. You could add duties to religion and civilization with no argument on my part.

I teach law enforcement courses. One of the principles of American law enforcement is public support. With the public’s active participation, law enforcement is not possible. The police do not cover enough ground that they can know about any worthwhile percentage of crime. So, the bedrock of American law enforcement is the willingness of citizens to provide information and sometime testify in criminal matters. Without that cooperation, we descend into chaos.

Did Joe Paterno violate the law? Here is the relevant portion of Pennsylvania statute in question –

§ 42.42. Suspected child abuse—mandated reporting requirements.

 (a)  General rule. Under 23 Pa.C.S. §  6311 (relating to persons required to report suspected child abuse), licensees who, in the course of the employment, occupation or practice of their profession, come into contact with children shall report or cause a report to be made to the Department of Public Welfare when they have reasonable cause to suspect on the basis of their professional or other training or experience, that a child coming before them in their professional or official capacity is a victim of child abuse.

 (b)  Staff members of public or private agencies, institutions and facilities. Licensees who are staff members of a medical or other public or private institution, school, facility or agency, and who, in the course of their employment, occupation or practice of their profession, come into contact with children shall immediately notify the person in charge of the institution, school facility or agency or the designated agent of the person in charge when they have reasonable cause to suspect on the basis of their professional or other training or experience, that a child coming before them in their professional or official capacity is a victim of child abuse. Upon notification by the licensee, the person in charge or the designated agent shall assume the responsibility and have the legal obligation to report or cause a report to be made …

Now I am definitely no expert in Pennsylvania law and there can be other statutes that may apply that I am unaware of. But based on what I have here I think it is pretty clear that under this disclosure law, Paterno fulfilled the state required minimum by reporting the incident to his superiors. Now be aware, the question as to whether or not a college football coach comes into contact with children so regularly that he has a reporting responsibility is a separate issue.

So he fulfilled his legal requirement based on a very simple layman’s interpretation of the law of the State of Pennsylvania. But did he fulfill his moral responsibility?

Let’s just make that second question as simple as possible? –

Do you call the police when you have discovered someone was anally assaulting a small boy in the locker room of your team?

If you can truthfully answer that with a “no,” I guess you have reason to riot.

James Pilant

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I Showed the Documentary, Gasland, Today

On By southwerkIn Teaching

Films receive a wide variety of responses in the college classroom. The response to Gasland was excellent. The class paid careful attention, had good questions and comments. I knew of the film but did not intend to use it in class. My Tuesday-Thursday class actually asked to see it. So, I read up on it, and it struck me as useful. I’ve shown it in three classes now with the same positive results in each class.

Josh Fox

This is a Josh Fox film. The first time you see it, you are shocked by his story of unregulated drilling of natural gas known as fracking. But is only the second time, you realize the skill of our documentarian. The film never sags. It always keeps the audience engaged. The film is well paced and its plotline beautifully constructed. I’ll be watching for any of his films in the future. It may well be that his work will grow in skill as time goes by.

It is troubling to consider that for most of us, Josh Fox is our only defense against the practice of fracking. Only a handful of states regulate it, and the response of most of officialdom to complaints is basically to drop dead.

You see, an act of Congress relieved the giant energy companies of the need to comply with federal environmental laws. Federal agencies aren’t even allowed to study what the companies are doing. We only have partial knowledge of the chemicals being used, and the very fact that these companies essentially placed themselves outside the law through a compliant Congress raises suspicions of their motives.

I think until strong regulation is enacted to deal with the fracking problem, I will be using the film in class.

Below is a link to the web address for Josh Fox’s film, Gasland.

Gasland

And here is the link for the trailer.

Gasland

Here is the link to buy it on Amazon.com.

Gasland

I recommend it for classroom use at the college level.

James Pilant

Tapwater that ignites.
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I’m Down with a Pulled Tooth!

On By southwerkIn Personal

I’ve had a rear molar removed after it broke into many pieces. I’m taking some vicodin for the pain(just like House), and while there is a certain temptation to become a Hunter S. Thompson style writer, I am going to resist it.

James Pilant

P.S. The vicodin is prescription.

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We are the People – Who the Hell are You? | Crooks and Liars

On By southwerkIn Economic Justice2 Comments
Occupy Wall Street - Anonymous 2011 Shankbone

Occupy Wall Street has a message and I like it.

James Alan Pilant

You hear that, Herman Cain? It’s against the law to ban mosques in America. You hear that, Christine O’Donnell? It’s against the law to teach creationism in public schools. You hear that, Bill Haslam? It’s against the law to impose curfews in an attempt to stifle the right of the people to peaceably assemble. You hear that, Bank of America? Goldman Sachs? Fannie Mae and Freddie Mac? We’re done meekly allowing you to rape, plunder and pillage the 99 percent for the benefit of the 1 percent. Can you hear us, all you bought-and-paid-for Republicans and Democrats alike, telling you we’ve had enough from you both, consider this our petition for a redress of grievances.

We are the People – Who the Hell are You? | Crooks and Liars

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Michael Bloomberg: ‘It Was Not The Banks That Created The Mortgage Crisis’ [WATCH]

On By southwerkIn Economic Justice

Republican backed nominee Michael Bloomberg

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Michael Bloomberg: ‘It Was Not The Banks That Created The Mortgage Crisis’ [WATCH]

The saddest thing about this is that he might very well believe this nonsense.

This idea has been debunked so many times, it’s ridiculous but it’s like one of those vampire movies, there’s always a sequel.

Here’s a good take down from Rortybomb.

James Pilant

“I hear your complaints,” Bloomberg said at a Tuesday business breakfast. “Some of them are totally unfounded. It was not the banks that created the mortgage crisis. It was, plain and simple, Congress who forced everybody to go and give mortgages to people who were on the cusp.”

Michael Bloomberg: ‘It Was Not The Banks That Created The Mortgage Crisis’ [WATCH]

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