Month: March 2010

The Sestak Affair, the White House, and the Corruption of America

/ Jack Marshall / 2 Comments

The Rep. Joe Sestak affair, still playing out, is a depressing reminder of how the process of corruption works, and more depressingly, how corruption spreads like a virulent flu, leaping from individuals  to organizations to institutions and finally to our culture itself.

Back in September, the Denver Post ran a well-sourced article stating that in order to protect Democratic Sen. Michael Bennett from the threatened primary challenge of popular former state Colorado House Speaker Andrew Romanoff, the White House, in the person of Jim Messina, President Barack Obama’s deputy chief of staff, told Romanoff  that a plum position in the administration would be his if he avoided the primary. The Post’s sources said that Messina offered specific suggestions, including a job at USAID, the foreign aid agency.  Romanoff, who apparently turned down the deal and is currently opposing Bennett in Colorado, refused to answer any questions.

This was treated as a local story, and the national media ignored it. Then, last month, a similar story surfaced, this time from a Congressman. Pennsylvania Congressman Joe Sestak, gearing to to run against party-switching  U.S. Senator Arlen Specter in the Pennsylvania primaries, told a Philadelphia TV news anchor that “someone” at the White House tried to discourage him from running, and also offered him a job (rumored to be Secretary of the Navy)  if he would back off. Like Romanoff, Sestak refused.

Again, hardly anyone paid attention, because all the national media wanted to do is talk about health care reform, the economy, and really important stuff like how Ellen was going to do on American Idol. Continue reading →

Ethics Quote of the Week

/ Jack Marshall / 10 Comments

“One of my students this year has a vaguely Hispanic name but is literally the whitest girl you’ve ever met. Her mother straight out asked, ‘If we mark she’s Latino on the application, is that something that they would ever challenge?’ I told her honestly my best guess, which was no. And, if early admissions are any indication, it seemed to work.”

—-A  guidance counselor (and former Ivy League admission officer) at a private school in the South, quoted by Kathleen Kingsbury in her report for The Daily Beast on dubious college admission tactics.

This, of course, is completely unethical for both the student and the counselor, who is exactly like a tax attorney or accountant who lets a client know that his fraudulent return will almost certainly not be audited by the I.R.S. Both of those professionals violate their ethics codes by aiding and abetting such conduct, and the quoted counselor is just as bad.

What should the counselor have said? Continue reading →

Web Ethics, Due Diligence, and the Happy Maxi-Pad

/ Jack Marshall / 5 Comments

There is no denying it any more. It is per se unethical to pass along information discovered on the web to anyone, much less to put it on a blog or in an e-mail, until you have performed due diligence and determined with reasonable certainty that it is accurate and true.

All the more reason, then, to praise the Snopes “urban legends” website, which does a superb job tracking down and clarifying web hoaxes, rumors and other misinformation. A lot of the latter isn’t even intentional, but the consequences of not checking the facts can still be significant and harmful,

I thought about this after encountering an amusing bit of web lore that many of you may have already seen, on aan old blog post that introduced the piece like this: Continue reading →

Michael Steele’s Census Scam, Uniting Congress at Last

/ Jack Marshall / 5 Comments

Despair not over the dysfunction of Congress, my friends! When a proposed measure is right beyond question, the warring parties are still capable of joining hands across the aisle and speaking with one unified voice. For example, they are capable of making an unequivocal statement that Michael Steele, Chairman of the Republican National Committee, has the same ethical bearings as that Nigerian prince who keeps e-mailing me. Continue reading →

More “The Good Wife” Ethics

/ Jack Marshall / 7 Comments

The CBS legal drama “The Good Wife” has a good cast, well-scripted stories, and apparently a preference for misleading the American public on attorney ethics. Here’s the setting for its most recent set of gaffes: attorney Alicia Florrick (Julianna Margulies) and her supervising partner are battling an evil insurance company (you didn’t really think Hollywood would stay on the health care reform sidelines, did you? With a big vote coming up? ) that refuses to pay for in utero fetal surgery necessary to save an unborn baby from certain death. The insurance company’s attorney has a strong case, but offers a deal: it will pay for the surgery if Florrick’s firm will drop a class action lawsuit against the company. The partner, Will Gardner, refuses the offer: many other desperate members of the class need to make the insurance company pay for treatment, and besides, the law firm, which is in dire financial straits, needs the income that the class action might generate.

There are three things ethically wrong here: Continue reading →

Self-Destruction Ethics Alarms: A Woman’s Unethical Quest For Fat

/ Jack Marshall / 3 Comments

Yesterday, the world heard about Donna Simpson, a New Jersey woman who weighs in at about 500 pounds. She sasy she wants to be the fattest woman alive, and is managing her diet and exercise to achieve that lofty goal. Of course, all those Twinkies and pork rinds cost a lot of money—her weekly grocery bill averages more than $800—so she earns extra cash by putting herself on Gluttoncam, or whatever she calls it, where freakophiles can watch her gorge herself online for a reasonable fee. Her partner, the news reports say, is completely supportive. “I think he’d like it if I was bigger,” giggles Donna. “He’s a real belly man and completely supports me.”

Okaaaaay….

Obviously this situation is unusual…at least, I hope it is. Still, it raises many difficult ethics questions, some with broad implications:

  • We are told that it is cruel, greedy and heartless for insurance companies to withhold coverage for “pre-existing conditions,” and should be compelled to insure everyone without regard to special risks. Does this apply to Donna Simpson? Continue reading →

Legal Advertising Ethics: The Public’s Not THAT Gullible, 2nd Circuit Rules

/ Jack Marshall / 2 Comments

The fact that lawyers are prohibited by their professional ethics standards from engaging in conduct that is misleading or dishonest has caused many state bars to hold the profession to restrictions on advertising that would ban most of the TV commercials we see every day for any other product or service. For example, lawyers cannot engage in self-praising hyperbole and say, for instance, that the Firm of Slash and Burn is “the best real estate law firm in Miami,” because the statement is not objectively true or cannot be proven to be accurate.

While many states have gradually surrendered in the battle to keep lawyer advertising unusually forthright and dignified (you can see what monstrosities this has wrought here) New York actually toughened its lawyer advertising rules a few years ago, decreeing.. Continue reading →

John Adams: Conflicted?

/ Jack Marshall / 1 Comment

John Adams’ heroic defense of the British soldiers accused of murder in the Boston Massacre has moved to the front of the line in the competition for favorite historical comparison to the controversy over the so-called “Al Qaeda 7,” the Justice Dept. attorneys under attack for their former representation of Gitmo prisoners. Over at The Legal Ethics Forum, law professor Richard Painter has posted a fascinating essay on John Adams’ own ethical conflicts in his most famous case, and they were far from minor. You can, and should, read it here.

Why Professional Reviewers Are Unethical, and Why We’ll Be Better Off Without Them

/ Jack Marshall / 5 Comments

When Variety recently announced that it was firing its in-house film and drama critics, there was much tut-tutting and garment-rending over the impending demise of professional reviewing in magazines, newspapers and TV stations. The villain, the renders cry, lies, as in The Case of the Slowly Dying Newspapers, with the web, which allows any pajama-clad viewer of bootleg videos to write film reviews, and any blogger who cares about theater to write a review of a play. “I think it’s unfortunate that qualified reviewers are being replaced,” said one movie industry pundit, “but that’s what’s happening.”

I say, “Good. It’s about time.” (And also: “QUALIFIED?”) If there has ever been an excessively influential non-professional profession that caused as much damage as reviewing, I’m not sure I want to know about it. The end of full-time film and drama critics as we know them can only prove to be a boon for artists and audiences alike. Continue reading →

Ethics Dunces: Prof. Peter Tague and Chief Justice John Roberts

/ Jack Marshall / 4 Comments

In today’s world of text-messaging, Twitter, Facebook and e-mail, intentionally throwing a rumor into a crowded room is only marginally better than falsely shouting “Fire!” in a crowed theater. Thus Ethics Alarms regretfully has to pronounce Georgetown Law Center professor Peter Tague’s puckish stunt of last week irresponsible and unethical.

Demonstrating how unreliable it was to accept media accounts from un-named sources, Prof. Tague told his first year law class that he had learned from a “reliable source” that Chief Justice John Roberts was about to announce his retirement. Some nimble-fingered Twitter-user (or many) promptly sent the rumor into cyberspace, where it rapidly found its way onto scoop-hungry websites, especially those made giddy by the prospect of President Obama having the chance to replace one of the Supreme Court’s most conservative judges with a progressive one. By the time Tague announced to the class that his “scoop” was a fraud, just thirty minutes later, the fake story was multiplying like a virus. Continue reading →