Year: 2011

Unethical Gall in Norfolk: The Case of the Shameless Freeloader

/ Jack Marshall / 1 Comment

"Freddy the Freeloader": Role Model

Jill McGlone was working for the Norfolk (Virginia) Community Services Board (known as CSB—an independent agency created by the state and funded with state and federal tax dollars) as an office assistant when she was involved in an internal personnel investigation.
McGlone was put on paid leave, but her case remained in limbo, without resolution. She stayed home, and continued to collect her full $29,000/year salary and benefits—for twelve years. Continue reading →

Texas Lawyers And Sex: Not Horny, Just Wise

/ Jack Marshall / 3 Comments

"Now about my fee...."

Texas lawyers have voted down a proposed ethics rule that specifically condemned attorneys having intimate relations with their clients. Naturally, the media will represent the decision as the predictable reaction of a bunch of high-rolling, fun-loving Texas legal horn-dogs to people trying to spoil the perks of their job; even the legal media has settled on a misleading headline:  “Texas lawyers reject ban on sex with clients.” But Texas lawyers don’t think that sex with clients is ethical, or want it to be ethical. Like the attorneys in many other states, they just think having a rule on this topic is bad idea. And they are right. Continue reading →

Frank Buckles, Speaker Boehner, and the Duty To Remember

/ Jack Marshall / 4 Comments

Frank Buckles is our last chance to remember...

They fought overseas in battles with strange names like the Meuse-Argonne Offensive. They sang charmingly upbeat songs like “Over There!” and “Inky-Dinky Parley-Voo.” A lot of them were gassed, about 200,000 were wounded, 120,000 died, and many of them who  came home were never the same, dubbed “the lost generation” by Ernest Hemingway. They were America’s “doughboys,” the young homegrown heroes of World War I, who arrived late to a pointless war they didn’t start, and became the first American soldiers to die in large numbers in foreign lands.

The last of them died last week. His name was Frank Buckles, and he had lied about his age to become a soldier at the tender age of 16. In his 110 years, Buckles took part in a lot of history, sailing for the Continent on the Carpathia, the very same ship that rescued the Titanic’s survivors; traveling the world by sea as ship’s purser, which afforded him an accidental encounter with Adolf Hitler, and having the bad luck to be in the Philippines when the Japanese invaded, ending up as a prisoner for most of World War II.

Sen. Jay Rockefeller (D-W.Va.), and Rep. Shelley Moore Capito, (R-W.Va.) have introduced resolutions to allow fellow West Virginian Buckles to lie in honor in the Rotunda of the U.S. Capitol, where the public could pay their respects to him by filing past his casket. Though usually reserved for former presidents and distinguished members of Congress, unelected American citizens of distinction have laid in state in the Rotunda, such as civil rights icon Rosa Parks and Gen. Douglas MacArthur.

Apparently Speaker of the House John Boehner doesn’t think Buckles makes the grade, for he has rejected the idea and decreed that the last World War I soldier in a special ceremony at Arlington National Cemetery, but not at the Capitol. Continue reading →

The Comment of the Day: Another On “The White Male Scholarship”

/ Jack Marshall / 7 Comments

John-Baptiste Clamence reacts to yesterday’s post with a crucial point (that I happen to agree with) about the role of law in setting cultural values and societal ethics. Here is his Comment of the Day, on “The White Male Scholarship”:

“It’s a hard line to draw sometimes; the line between your right to have the wrong opinion, and how much the law should push you to have the right opinion.
In the UK, since 1996 it has been illegal for B&Bs to refuse rooms to gay couples. These are private businesses – should they have the right to offer their services in a discriminatory way also?

“The situation you describe is, in my view, unethical for the reason that it perpetuates the idea in society that racial discrimination for an academic award is OK. The sooner and stronger the message given by the law is, then the sooner the views of society change.

“To paraphrase Cesar Millan: Change the behaviour, change the thoughts.”

The Legal Profession Welcomes Yet Another Arrogant Jerk Into the Fold

/ Jack Marshall / 8 Comments

OK, she's snarky...but can she be a good lawyer?

…but not an untrustworthy arrogant jerk!

Marilyn Ringstaff, a 2006 graduate of John Marshall Law School, had to pay a $250 fine as a result of a minor traffic accident she was a first year law student. She represented herself in court, challenging Abe Lincoln’s Rule that “If you represent yourself you will have a fool for a client and a jack-ass for a lawyer,” and then proved Abe correct—on both counts— when she argued on appeal that her own representation was ineffective.

Ringstaff paid the fine and sent along an obnoxious note with two smiley faces, reading, “Keep the change—put into a police/judicial education fund. I can certainly say this has been an educational experience. I am now a second-year law student and can honestly relate to what a crooked and inequitable system of ‘justice’ we have.” Continue reading →

Wait…This Is MY Fault????

/ Jack Marshall / 16 Comments

We should be ashamed of ourselves.

I have complained, more than once, about the naked greed and obvious incompetence displayed by the airlines charging $25 or more to passengers who check luggage. The results of this reverse incentive are that people carry on too many, and too large bags, boarding takes longer, and flights are delayed. Passengers talk about the idiocy of the policy all the time. So do the airline attendants. Anyone can see how dumb the policy is. The smart approach would be to charge for anything carried on other than a handbag or briefcase, and make checked luggage free. Boarding would be faster and there wouldn’t be passengers using the sneaky (but effective!) trick of carrying a piece of luggage through security only to check it at the gate at no charge when the airline personnel makes the routine plea for passengers to free up luggage bin space by doing so. Continue reading →

The Compassion Thieves

/ Jack Marshall / 9 Comments

From The Guardian:

“Anyone following her updates online could see that Mandy Wilson had been having a terrible few years. She was diagnosed with leukaemia at 37, shortly after her husband abandoned her to bring up their five-year-old daughter and baby son on her own. Chemotherapy damaged her immune system, liver and heart so badly she eventually had a stroke and went into a coma. She spent weeks recovering in intensive care where nurses treated her roughly, leaving her covered in bruises.

“Mandy was frightened and vulnerable, but she wasn’t alone. As she suffered at home in Australia, women offered their support throughout America, Britain, New Zealand and Canada. She’d been posting on a website called Connected Moms, a paid online community for mothers, and its members were following every detail of her progress – through updates posted by Mandy herself, and also by Gemma, Sophie, Pete and Janet, Mandy’s real-life friends, who’d pass on news whenever she was too weak. The virtual community rallied round through three painful years of surgeries, seizures and life-threatening infections. Until March this year, when one of them discovered Mandy wasn’t sick at all. Gemma, Sophie, Pete and Janet had never existed. Mandy had made up the whole story.”

Apparently Mandy is a strange, but not so uncommon, variety of internet scam artist, one who uses the anonymity of the online community to steal, not money, not identities, but sympathy, compassion, and time from the most generous and trusting of people across the globe by pretending to be sick. Continue reading →

Quiz: Who is More Unethical, Jayson Blair or Dan Rather?

/ Jack Marshall / 3 Comments

Yes, it's time for another ETHICS QUIZ!!!

Be careful! This one is tricky.

Jayson Blair, as most of you will remember, was a spectacular fraud in the New York Times newsroom, a star reporter who was sacked in 2003 after it was discovered that he had fabricated numerous stories

Dan Rather, in contrast, was a distinguished and respected reporter and CBS anchorman who  earned his accolades, but who was felled by a disgraceful episode in 2004 in which he conspired with a “60 Minutes” producer named Mary Mapes to use forged documents in support of a critical story about President Bush avoiding his duties when he was in the National Guard, which Rather presented on the air two months before the 2004 election. Continue reading →

Unethical Quote of the Week: U.S. Attorney General Eric Holder

/ Jack Marshall / 6 Comments

Trick Question: Who are the U.S. Attorney General's people?

“When you compare what people endured in the South in the 60s to try to get the right to vote for African-Americans, and to compare what people were subjected to there to what happened in Philadelphia–which was inappropriate, certainly that—to describe it in those terms I think does a great disservice to people who put their lives on the line, who risked all, for my people.”

—-U.S. Attorney General Eric Holder, testifying in a Congressional hearing regarding allegations of race-based enforcement in the Justice Department, and taking issue with Rep. John Culberson, who was questioning Holder about the New Black Panther Party voter-intimidation case. Culberson quoted a Democratic activist who called the incident the most serious act of voter intimidation he had witnessed in his career, prompting Holder’s statement.

I am willing to give the Attorney General the benefit of the doubt and regard this is a slip of the tongue. It would be unfair to conclude, based on this statement, that Holder is biased. But his use of the term “my people” certainly raises the question of bias. As the Attorney General of the United States, Eric Holder is obligated to regard all American citizens as “his people.” Suggesting otherwise undermines his credibility and the people’s trust, and is at best careless, and at worst suspicious.

[Thanks to WSJ blogger James Taranto for flagging the quote.]

The Comment of the Day: “The White Male Scholarship”

/ Jack Marshall / 3 Comments

Tim LeVier defends the controversial white male scholarship, as well as other scholarships determined by race and gender. Here is his Comment of the Day, in response to my post, “The White Male Scholarship”:

“…This is actually a subject that I feel passionate about for exactly the reasons you state. I’ve mentioned on this blog (in the comments) before about how I feel with regards to student groups that support every student except the straight white male. What’s a guy like me to do when everyone’s at their meetings? The names of their groups suggest exclusion of others and create an unwritten rule that you should only attend if you meet the qualifications.

“With regards to student groups, I think your post would be more accurate. I think there’s more opportunity for all individuals to flourish in mixed student groups plus it spreads awareness of your “race-based” goals when you aren’t just ‘preaching to the choir.’

“However, for scholarships, surprisingly, I have to take the opposite approach. I think it’s because I believe that with scholarships, it’s about providing opportunity, whereas with student groups it’s about taking opportunity. Continue reading →