Category Archives: Professions

Update: Fox News’ Self-Destructive O’Reilly Denial

You can't yell you're way out of this one, Bill..no, wait. Maybe you can.

You can’t yell you’re way out of this one, Bill..no, wait. Maybe you can.

And here’s another one. Questions are being raised about reporter Bill O’Reilly’s accounts of being “bombarded” during the LA riots.

This process resembles sexual harassment. One way you can tell the falsely accused from the genuine miscreants  is that one accuser opens the floodgates when there is substance to the complaint. Very few sexual harassers aren’t serial by nature–think Bill Cosby. Heck, think Joe Biden.  The O’Reilly debacle is following the script of the Brian Williams drama almost exactly, except that NBC finally acted responsibly, though not until it had tried the old “let’s see if this will just blow over” ploy.

So how many reports of O’Reilly hyping facts and enhancing his bravery and boldness will have to surface before Fox News stops covering for him and acts like a legitimate news organization? ( For those who have forgotten, such a news organization values trust and integrity, rather than emulates President Obama’s insistence that the I.R.S was as clean as the driven snow. ( It was and is not, and the news media’s partisan decision to bury the scandal rather than investigate it will haunt it for a long, long time.)

The network seems intent on destroying any credibility there was to the claim that it was dedicated to truth rather than bias, and qualified to expose the distortions of the liberal-biased mainstream media. Forced to deal with a  parallel incident to NBC’s Williams crisis, Fox has chosen profit over professionalism (Bill’s ratings while playing victim have been boffo!) and is botching a brilliant opportunity to prove its critics wrong.

Instead, Fox is proving critics correct. Eventually, all but the shameless will begin to feel like they are getting the news from charlatans, and seek enlightenment elsewhere. NBC was late to choose integrity; Fox News may be too late.

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Unethical Quote of the Week: Fox News

weasels

“Bill O’Reilly has already addressed several claims leveled against him. This is nothing more than an orchestrated campaign by far left advocates Mother Jones and Media Matters. Responding to the unproven accusation du jour has become an exercise in futility. Fox News maintains its staunch support of O’Reilly, who is no stranger to calculated onslaughts.”

—-Fox News, in a statement announcing that it was standing behind its beleaguered cash cow and star, Bill O’Reilly, who has been shown convincingly to have misrepresented his exploits on several occasions.

What an awful, slimy, deceitful statement. Yecch. It must have taken a veritable pack of weasels, plus some lawyers, to draft that. Let’s unpack it. Hold your nose: Continue reading

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Note To Dr. Vesna Roi: Homophobes Can’t Be Doctors….Ethical Ones, Anyway

First, do no harm. Second, don't be a gratuitously cruel asshole.

First, do no harm. Second, don’t be a gratuitously cruel asshole.

Jami and Krista Contreras waited in the exam room for their newborn child’s first checkup. Then they were informed that the doctor they had asked to see had decided, after “much prayer,” that she could not treat the baby because its parents are lesbians.

Presumably the doctor,Vesna Roi, does not habitually require her patients’ parents to fill out a questionnaire to prove the are sufficiently morally worthy to have their infant receive medical care. Nonetheless, so vile does she consider this couple that she feels it is the Lord’s will that she withhold her services from the innocent child they have undertaken to love and raise.

I probably do not need to tell you, and I certainly should not have to remind “Dr”–and I use the title advisedly–Roi that this cruel and hateful conduct is a flaming breach of medical ethics, though no rules should be necessary to persuade a medical professional to have a heart and a soul. Continue reading

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Filed under Character, Childhood and children, Ethics Alarms Award Nominee, Ethics Dunces, Etiquette and manners, Family, Gender and Sex, Health and Medicine, Professions, Romance and Relationships, U.S. Society

A Presidents Day Celebration (PART 4 and Final): The Wild, Wild Ride From FDR to W.

smiling-presidents

All of the Presidents (except FDR) in this last section were alive and kicking while I was, and so to me they are both more real and less fascinating to some extent. Familiarity breeds, if not contempt, a tendency not to idealize. These leaders are no more flawed than their predecessors, they just seem that way thanks to mass media.

Franklin D. Roosevelt

Franklin Roosevelt

Three terms plus, a World War, a Depression, a transformative Presidency and an epic life spent in public service: FDR is another President who can’t be summed up in an anecdote, one book, or a hundred. He accomplished enough great things to be a deserving icon; he committed enough wrongs to be judged a villain. (He was pretty clearly a sociopath, but a lot of great leaders are, including a fair proportion of ours, including some of the best.) The only completely unfair verdict on this Roosevelt is not to acknowledge the importance and complexity of his life. Here are some of my favorite items about him:

  • FDR wrote down a plan when he was still in school outlining the best way for him to become President. The plan was essentially to follow his distant cousin Theodore’s career steps: Harvard, Assistant Secretary of the Navy, Governor of New York, Vice-Presidential candidate, and President. (He skipped “Rough Rider.”) Amazingly, he followed it, and it worked.
  • Conventional wisdom holds that FDR’s polio transformed his character, and that without that crisis and challenge he would have been content to be a rich dilettante. I doubt it, but there is no question that he fits the Presidential survivor template, and that his ordeal made him stronger, more formidable and more determined.
  • Many Presidents had strong mothers, especially, for some reason, many of our Chief Executives from Roosevelt to Obama. Franklin’s mom, however, wins the prize. It’s amazing Eleanor didn’t murder her. But Mrs. Roosevelt is why Eleanor was there in the first place: all of our Presidents raised by strong mothers married very strong wives.
  • If a computer program were designed to create the perfect American leader, it would give us FDR. He was the complete package; his charisma, charm and power radiate from recordings and films that are 90 years old. That smile! That chin! That head! That voice! He is one of the very few Presidents who would be just as  popular and effective today as the era in which he lived.
  • And just as dangerous. FDR is also a template for an American dictator, which, I believe, he would have been perfectly willing to be. It’s no coincidence that Franklin was the only President to break Washington’s wise tradition of leaving office after two terms.
  • Political and philosophical arguments aside, at least four of Roosevelt actions as President were horrific, and would sink the reputation of most leaders: 1) Imprisoning Japanese-Americans (and German-Americans, too); 2) Ignoring the plight of European Jews as long as he did, when it should have been clear what was going on; 3) Handing over Eastern Europe to Stalin, and 4) Knowing how sick he was, giving little thought or care to who his running mate was in 1944.
  • Balancing all that, indeed outweighing it, is the fact that the United States of America and quite possibly the free world might not exist today if this unique and gifted leader were not on the scene. Three times in our history, the nation’s existence depended on not just good leadership, but extraordinary leadership, and all three times, the leader we needed emerged: Washington, Lincoln, and Franklin. I wouldn’t count on us being that lucky again.

I left the bulk of reflection about the character and leadership style of Theodore Roosevelt to one of Teddy’s own speeches to embody, and I’ll do the same for his protege.

On September 23, 1932, New York Governor Franklin D. Roosevelt gave a speech at Manhattan’s Commonwealth Club. (Everyone, conservative, liberal or moderate, should read it….here.) It was a defining statement of progressive principles and modern liberalism, redefining core American values according to the perceived needs of a changing nation and culture.  It is a radical speech, and would be regarded as radical by many today, even after much of what Roosevelt argued was reflected in the policies of the New Deal.

After sketching the origins and progress of the nation to the present, he flatly stated that the Founders’ assumptions no longer applied:

A glance at the situation today only too clearly indicates that equality of opportunity as we have know it no longer exists. Our industrial plant is built; the problem just now is whether under existing conditions it is not overbuilt. Our last frontier has long since been reached, and there is practically no more free land. More than half of our people do not live on the farms or on lands and cannot derive a living by cultivating their own property. There is no safety valve in the form of a Western prairie to which those thrown out of work by the Eastern economic machines can go for a new start. We are not able to invite the immigration from Europe to share our endless plenty. We are now providing a drab living for our own people….

Just as freedom to farm has ceased, so also the opportunity in business has narrowed. It still is true that men can start small enterprises, trusting to native shrewdness and ability to keep abreast of competitors; but area after area has been preempted altogether by the great corporations, and even in the fields which still have no great concerns, the small man starts with a handicap. The unfeeling statistics of the past three decades show that the independent business man is running a losing race. Perhaps he is forced to the wall; perhaps he cannot command credit; perhaps he is “squeezed out,” in Mr. Wilson’s words, by highly organized corporate competitors, as your corner grocery man can tell you.

Recently a careful study was made of the concentration of business in the United States. It showed that our economic life was dominated by some six hundred odd corporations who controlled two-thirds of American industry. Ten million small business men divided the other third. More striking still, it appeared that if the process of concentration goes on at the same rate, at the end of another century we shall have all American industry controlled by a dozen corporations, and run by perhaps a hundred men. Put plainly, we are steering a steady course toward economic oligarchy, if we are not there already.

Clearly, all this calls for a re-appraisal of values.

So Franklin Roosevelt re-appraised them: Continue reading

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Filed under Character, Gender and Sex, Government & Politics, History, Humor and Satire, Law & Law Enforcement, Leadership, Professions, U.S. Society

Life Imitates Saul

Lawyer Billboard

 The billboard ad of North Carolina lawyer Larry Archie has drawn a lot of attention in the state and on legal ethics forums.

Some observations:

1. I was a little late seeing “Breaking Bad” ( I tend to avoid show with drug dealers as heroes) so I didn’t see the obvious connection between the popular AMC show’s cynical, unethical and effective slime-ball lawyer Saul Goodman, played by Bob Odenkirk, and last year’s jaw-dropping—but funny!—video ad for the services of Pittsburgh criminal lawyer Daniel Muessig.

2. This is why we ignore popular culture at our peril….and I think the legal profession needs to stop laughing and start worrying. People really do think Saul who is a criminal lawyer, is typical, and bar associations are doing very little to dissuade them. This is irresponsible, dangerous, and stupid. The profession has a duty to educate the public about how lawyers are supposed to act and why, and if it whiffs on that obligation (as it has for about the last hundred years) public respect for the justice system will continue to drop. Continue reading

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Instant Ethics Train Wreck: The Alabama Gay Marriage Stand-off

What does Dred Scott have to do with the Alabama gay marriage mess? Absolutely nothing.

What does Dred Scott have to do with the Alabama gay marriage mess? Absolutely nothing.

This summer, the Supreme Court will again take up the issue of the Constitutionality of state gay marriage bans, having left the question open (why, I don’t know) after striking down the Defense of Marriage Act in 2013. Since that ruling, the states have been busy little bees, some passing laws banning same-sex marriage, some doing the opposite, then fighting out multiple appeals at various levels of the judicial system. Three things are certain: the cultural and legal acceptance of same-sex marriage looks unstoppable; all states need to agree on what a legal marriage is; and some faith-based same-sex marriage opponents will not give in until the last dog dies.

Beginning at the end of last week, a messy situation in Alabama involving all of these factors burst into a full-fledged ethics train wreck. The links in this post will let you immerse yourself in the mess if you choose: I’m going to try to be clear. Here is what has transpired so far:

1) A federal judge, District Court Judge Callie V. Granade,  struck down the state’s ban  on same-sex marriages in January and said that Alabama could start issuing licenses last week unless the U.S. Supreme Court stepped in and stayed her order. A stay was immediately requested by the Alabama Attorney General, who properly defended the state’s law.

2.) The 11th Circuit Court of Appeals refused to step in and stop her order from going into effect.

3) The U.S. Supreme Court also refused the stay request, allowing marriages to proceed in Alabama.

4) Roy Moore, chief justice of the Alabama Supreme Court, reminded everyone that probate judges report to him, not the federal judge and not the Attorney General, and do not have to issue marriage licenses to gay couples until he tells them to. He told them not to.

5) Some Alabama probate judges followed Moore, and some went ahead and issued the licenses. Mass confusion reigned.

6) Meanwhile, the refusal of the U.S. Supreme Court to issue a stay pending its ruling on state same-sex marriage laws later this year was widely interpreted as tantamount to SCOTUS deciding the case before it was even argued.

7) Justice Clarence Thomas, in a dissent from the  majority’s rejection of the stay (we don’t know what the vote break was), argued that “This acquiescence may well be seen as a signal of the Court’s intended resolution of that question. This is not the proper way to discharge our . . . responsibilities.”

8) Justice Ruth Bader Ginsberg, meanwhile, appeared to endorse gay marriage in an interview.

9) Attempting to break the impasse, U.S. District Judge Callie V.S. Granade ordered Mobile County, Alabama to start issuing marriage licenses to same-sex couples, paving the way for resistant officials across the state to follow suit, in a decision stating that the state’s ban on same-sex marriage had been struck down and that ­Mobile County’s probate judge had to adhere to that decision.

10) Chief Justice Moore remains unmoved, but now most of the probate judges are following the federal order.

Got that?

Good, now you can explain it to me.

What a mess.

Here are the ethics verdicts on the participants so far: Continue reading

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The Eternal Ethics Conflict: Drawing Lines, Enforcing Them

cross-the-line

Yesterday traffic caused me to arrive a bit later than usual at my monthly gig as the instructor in the legal ethics portion of the D.C. Bar’s mandatory orientation session for new admittees. It was after 9 AM (my segment starts at 9:20), and as I approached the glass doors to the lecture hall lobby, I saw a distraught women angrily berating one of the D.C. Bar staff. I knew instantly what was going on.

You see, the courts approving the program insist that every attendee be there at the start: the doors close at 9, and anyone arriving late, no matter what the reason, is out of luck. They can’t attend the session, can’t get credit for it, and have to return the following month. That rule is on the website and in all communications with the Bar, along with the warning that there are no exceptions, and no effective excuses. Every month, someone misses the deadline; every month, that person goes ballistic. This women, however, was remarkable.

She had flown to D.C. on the redeye, she said. Her cab was stuck in traffic, and when she arrived in the cavernous Reagan Building where the day-long course takes place, she had ten minutes to spare. Unfortunately, the Reagan Building eats people. I have wandered its halls lost many times. I keep expecting to encounter a bearded, Ben Gunn-like figure who grabs my pant leg and jabbers about how he’s been trapped by the bewildering signage, and has been living off of Cub Scouts since 1992. The woman made it to the right hall in just 12 minutes, which is impressive without a GPS. But she was still two minutes late. Continue reading

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