Month: January 2011

Comment of the Day: “College: the Worst Consumer Scam of All?”

/ Jack Marshall / 2 Comments

From Michael, responding to the post on a recent book’s conclusions about today’s college students, their study habits and achievements based on several surveys and studies:

“This is not surprising at all.  It is only surprising to those who close their eyes, plug their ears, and hum really loudly when any concerns like this are raised.  Student achievement has been falling so fast, it is ridiculous.  I can see the difference year to year.  Students aren’t required to study much, are not challenged, and are taught to ‘think’ by people who believe the word ‘think’ means ‘repeat everything I say’. Continue reading →

Ethics Dunce Follow-up: Justice Thomas’s False Disclosures

/ Jack Marshall / Leave a comment

From the New York Times:

“Justice Clarence Thomas of the Supreme Court acknowledged in filings released on Monday that he erred by not disclosing his wife’s past employment as required by federal law.
Justice Thomas said that in his annual financial disclosure statements over the last six years, the employment of his wife, Virginia Thomas, was “inadvertently omitted due to a misunderstanding of the filing instructions. To rectify that situation, Justice Thomas filed seven pages of amended disclosures listing Mrs. Thomas’s employment in that time with the Heritage Foundation, a conservative policy group, and Hillsdale College in Michigan, for which she ran a constitutional law center in Washington.” Continue reading →

Stay Classy, New Jersey: Lawyer Gets Slap on the Wrist For…Forgery??

/ Jack Marshall / 2 Comments

The Legal Profession Blog reports that a New Jersey lawyer Donald Bedell Jr. has been reprimanded for forging two clients’ signatures on releases for an unauthorized settlement, appending his own signature as a “witness,” and then attesting that both clients had appeared before him to sign.

Not suspended. Not disbarred. Reprimanded. Continue reading →

“He’s Suffered Enough”: Ethical Lawyering, Dubious Ethics

/ Jack Marshall / 2 Comments

Attorney Barry Wilson is undoubtedly doing his job, and it is a tough one: arguing for the justice system to do less than throw the book at Boston’s disgraced former Boston City Councilor Chuck Turner, who richly deserves it. This is the lawyer’s sacred duty to a client that makes the profession the butt of jokes and the object of contempt, but it is an ethical and systemic necessity.  It also can be stomach-turning in cases like Turner’s. All Wilson has in his defense arsenal is the hoary “he’s suffered enough” argument. It is always ethically dubious, and this time it boarders on ridiculous.  Continue reading →

Ethics Dunce: Huffington Post Blogger Mike Elk

/ Jack Marshall / 9 Comments

Correction—make that fired Huffington Post blogger Mike Elk, and here’s why: Elk, a 24-year-old freelance labor journalist, used his press credentials to get labor union demonstrators unauthorized access to a Mortgage Bankers Association event, where they  protested and disrupted the proceedings. He gave his credentials to one of the union organizers. Continue reading →

Unethical CYA Trick Hall Of Infamy Inductee: the Phantom E-mail

/ Jack Marshall / 1 Comment

Has this happened to you?

My firm submitted materials for a presentation to a client weeks before it was scheduled, sending them to the contact’s assistant, and asking that if there were any problems, to let us know. The day before the presentation, I received an urgent e-mail from the assistant, reading, “I am copying you in on this because I had not heard from your partner. The materials you sent may need revisions, as I informed her in my previous communication, and we were getting concerned because the revisions had not been received by us.” CC’d on the message were the assistant’s supervisor (my contact), and other firm members. Not my partner, however.

Panic ensued at ProEthics. After checking all phone logs, e-mail files and spam-blockers, it became abundantly clear that no such message about revisions was ever sent to my partner. Continue reading →

College: the Worst Consumer Scam of All?

/ Jack Marshall / 6 Comments

A new book titled “Academically Adrift: Limited Learning on College Campuses,” authored by New York University professor Richard Arum, unveils data indicating that nearly half of the nation’s undergraduates learn little or nothing in their first two years of college, primarily because colleges don’t make learning a priority. Continue reading →

A Code of Ethics For Each Blog

/ Jack Marshall / 1 Comment

Health and science writer Maryn McKenna has a provocative post on Wired exploring the question, “Do old  ethics apply to new media?” Although the short, obvious and accurate answer is “yes,” she concentrates on the legitimate problem of defining what ethics standards we should require of bloggers and blogs, particularly regarding disclosure of sponsors and other potential biases. Continue reading →

Ethics Dunce: Justice Clarence Thomas

/ Jack Marshall / 8 Comments

Will Supreme Court Justice Clarence Thomas be impeached because he failed to disclose his wife’s income, as required by Federal law, for at least five years? No.

Should he be? Probably not, though if it was proven that he intentionally used incorrect information, he could be found guilty of perjury. More likely is a civil penalty. In any event, his wife’s income isn’t a crucial piece of information in Thomas’s case, though his ideological enemies will argue otherwise. Such an omission is virtually never a cause for judicial discipline.

Is it a serious breach of his duties nonetheless? Yes. Continue reading →

China’s Secret White House Insult

/ Jack Marshall / 4 Comments

Lang Lang, the Chinese pianist who played for guests the White House State dinner on Jan. 19 honoring Chairman Hu Jintao, apparently regaled the crowd with an unfamiliar melody (to the Americans) that was really a famous anti-American propaganda song from the Korean War, the theme  to the movie “Battle on Shangganling Mountain.”  Continue reading →