Month: August 2011

Ethics Quote of the Day: Ken, of Popehat

/ Jack Marshall / 17 Comments

“Listen to me: a law school calculated to make students feel good about themselves is as ridiculous as a Marine boot camp designed to make enlistees feel good about themselves. Law students, God help us, will one day be lawyers. When they are, nobody will care about their self-esteem. The prosecutors seeking to jail their clients will not be seeking to foster a sense of community. The opposing civil lawyers seeking to bankrupt their clients will not be promoting a culture of dignity and respect. Most law practice is about conflict. It’s a bloody, ugly street fight. Self-esteem borne of law-should-be-harmony is useless to clients. The only self-esteem useful to clients is self-esteem earned by hard work, determination, command of the subject matter, and the willingness to stand up to adversity. People who object to law professors being wickedly Socratic, and classmates being cutthroat, are missing the point. If you’re put off by a Socratic professor, Mr. Fluffy Bunny, a run-of-the-mill judge is going to make you soil yourself. If nasty, backstabbing classmates upset you, the first time you get into a nasty letter-writing campaign with an opposing counsel you’re going to have a breakdown. Law school is not a fucking spa day. It’s training to stand between your client and whatever the world throws at him.”

—– Ken, the astute lawyer/sage/Don Rickles of the libertarian social commentary website Popehat, excoriating the University of St. Thomas Law School for, among other things, extolling the values of self-esteem, collaboration, harmony and community among their students.

What Ken is really talking about is zealous representation, that once universally accepted bedrock of the  lawyer’s duty that has gradually fallen into disfavor with many academics and lawyers. Continue reading →

Comment of the Day: “The Provocative T-Shirt Problem:

/ Jack Marshall / 5 Comments

"Oh yeah? Well, your good manners and dignity offend ME!"

Sometimes I receive terrific comments to posts via e-mail, and sometimes I decide to make them Comments of the Day. And sometimes I decide to do that and forget, like I did with this comment, from Neil Penny, in response to my July 26 post about Dollywood forcing a patron to cover the mild political message on her T-shirt that “might offend some.” Neil’s comment was about the anecdote included in my post, relating how the dress code at my college was brought down by a concerted effort to comply with its letter rather than its spirit, and how the subsequent loss of decorum in the dining hall was regarded my many students, including me, as a diminishment of the experience.  Here is that lost “Comment of the Day”—my apologies to Neil for the delay: Continue reading →

Dear Newsweek: We Can Figure Out That Michele Bachmann Is A Little Off Without The Crazy Photos, But Thanks For Your Concern.

/ Jack Marshall / 26 Comments

Holy Crap!

When I put up yesterday’s post about Nancy Pelosi’s excessive and uncivil accusations about Republicans, I went searching for an appropriate photo. I found one that I came this close to using, because it was angry, like the quote, and just a little bit deranged-looking. (Pelosi has a lot of photos out there that make her look quite mad.) I didn’t use it. I decided it wasn’t fair.

Of course, I have to try to be fair; I’m an ethicist, and this is an ethics blog. Journalists, however, don’t…wait, aren’t they supposed to be fair too?

Not in Tina Brown’s book, or rather magazine. Newsweek made the choice to be the MSNBC of pulp even before Brown took over, and now it is officially shameless. Because Newsweek, like its almost as moribund rival Time, once was a respected journalistic enterprise, some of Newsweek’s now non-operable reputation for integrity remains. It can still do damage with its cheap tricks. That’s why its wild-eyed cover photo of Michele Bachman is so despicable. Continue reading →

Major League Baseball, Forgivability, and List Ethics

/ Jack Marshall / 9 Comments

Unforgivable?*

Bleacher Reports is an enjoyable sports website, and it gives opportunities to aspiring writers and bloggers, some of whom are quite talented.  In addition to typical opinion pieces and reporting, the site has a fondness for lists, often trivial to the extreme, like “The 50 Ugliest Athletes of All Time.” The titles are all misnomers, because there is almost never any criteria given for the choices or their relative ranking. An accurate title would be, “The Fifty Athletes I Think Are The Ugliest.”  And of course, who cares? (Don Mossi, by the way, was the ugliest athlete ever, no matter what anybody says.)

A recent list, however did bother me. It is called “The Fifty Most Unforgivable Acts in Baseball History,“ and much of the problem with it lies in the title itself. If you are going to write about history, there is a duty perform diligent research, even for a silly online list. Misrepresentations online have a large probability of misleading people.  The title is a misrepresentation, like “The 50 Ugliest Athletes,” but unlike that list, there is some harm done. The list isn’t close to complete; it isn’t consistent; it isn’t well-researched. I’d bet that the author, Robert Knapel, wrote it off the top of his head.  Anyone who looked at the list and assumed, as the author represents, that these are truly the low points—“the dark side,” as the author puts it—of major league baseball would be seriously misinformed.

There are unequivocally, probably universally recognized incidents and events that are infinitely worse that most of the items on the list.  Just a  few samples: Continue reading →

Unethical Quote of the Week: House Minority Leader Nancy Pelosi

/ Jack Marshall / 17 Comments

A symptom and a cause

“You name it, they’re there to diminish it, destroy it.”

—-House Minority Leader Nancy Pelosi (D-Cal.), quoted in the Washington Post today, describing the Republican Party.

If you listen to talk radio, as I, unfortunately, must, you hear statements like Pelosi’s all the time. Conservative talk show host Mark Levin, for example, will say, every day, usually more than once, loudly, that liberals/Democrats/ Obama “want to destroy America.” (Then he plugs his book. Or says, “Just like identity thieves want to destroy your credit!” and does an ad for “Lifelock.”)  It is irresponsible, hateful and ignorant for Levine (and Rush, and Monica Crowley, and lots of others) to make this and similar statements, though in Levine’s case, at least, not insincere, for he clearly believes every bit of it.

These are just talk show hosts, however. They are at least 50% entertainers, and 100% partisans, though they still have ethical duties of honesty, fairness, civility and responsibility which they regularly toss to the winds in the interest of ratings. They don’t meet their profession’s ethical standards, even though those standards are  low.

Pelosi’s are much, much higher, for she is an elected official of the United States of America. Continue reading →

Ethics Dunce, Ethics Hero: Name Calling and One-Way Civility On the Left

/ Jack Marshall / 5 Comments

John Boehner was just like this during debt ceiling negotiations. Well, sort-of. OK, he really wasn't like this at all, but I don't like him, so it's not uncivil for me to say he was.

The popular Democratic, progressive, liberal and news media (I know I’m being redundant here) slur for the Republican House and its Tea Party warriors during and after the budget ceiling debate was “terrorists,” suggesting an analogy between the GOP insisting on major expenditure cuts in the budget as a condition for raising the debt ceiling, and political and religious extremists who threaten to kill people if they don’t get their way. Needless to say, it’s a disgraceful, dishonest, illogical and slanderous comparison. Whether the GOP’s negotiating stance was fair, reasonable or right can be debated; that the intent of the strategy was to strengthen the nation’s financial health is not.

To many of the Republicans involved, incurring more debt without a guarantee of serious deficit and debt reduction in the future was more dangerous than allowing the nation to default on its obligations. Add to that the fact that many in the Tea Party  leadership believe that the consequences of not raising the debt ceiling was overblown, and it is clear: the Republicans were using their control over the immediate fate of something progressives  wanted more than conservatives as a bargaining chip in a political disagreement. It may have been irresponsible; it may have been a risk; it may have been a bluff. But it was not terrorism. It was politics. Hardball politics no doubt, but well within accepted standards

Oh, I forgot: there is another reason the Republicans weren’t acting like terrorists. They weren’t threatening to kill anybody, and they didn’t kill anybody. Continue reading →

The Tricky Ethics of Trading Sex For Tuition

/ Jack Marshall / 9 Comments

 

It's not generally known, but Anna Nicole Smith initially hooked up with billionaire husband J. Herbert Marshall so he could pay her tuition at MIT.*

Seekingarrangement.com is undoubtedly an unethical website. The question is how unethical, and that is why I’ve taken longer than usual to write about it, and the social phenomenon it and other websites are fostering.

The site is per se unethical because it facilitates adultery, infidelity and improper workplace conduct, by definition and unequivocally, convicted by its own words:

“Rich and successful. Single or married, you have no time for games. You are looking to mentor or spoil someone special — perhaps a “personal secretary”? secret lover? student? or a mistress for an extra-marital affair?”

Based on this alone, Seekingarrangement.com is Ashley Madison (the adultery website) all over again. Case closed, no appeal. A website is unethical when it endorses, encourages, and assists in dishonest conduct that is guaranteed to cause harm to third parties. The “consenting adults” argument doesn’t work, and doesn’t apply, when the adults are consenting to something that violates commitments, agreements and promises made to other parties who don’t have the option of consenting.

Seekingarrangement.com, however, became the topic of much debate this month for another reason: its use by desperate students, aspiring students or indebted graduates to pay their college tuition. In this it is like the more specialized Seektuition.com, which is solely devoted to matching horny, rich, developmentally retarded and presumably repulsive older men who can’t find real relationships to hot, poor, young women willing to exchange their bodies and dignity to  “help sponsor” their “ dorm rent, books, or provide assistance for tuition.” (“Perhaps even take you shopping for those new clothes you want to impress your sorority sisters!”). The Huntington Post broke the story, telling the tales of both students who “hook up” with wealthy, older men over the internet using Seekingarrangement.com and similar sites, have sex with them, and get tuition money or tuition loan repayment funds in return, while the wealthy men gladly pay big bucks to have an evening of passion with a co-ed and some Viagra. Continue reading →

The Widener School of Law Ethics Train Wreck: Political Correctness and Its Carnage

/ Jack Marshall / 8 Comments

I have posted twice this year about the persecution of  Prof. Lawrence Connell, a tenured associate professor at Widener University School of Law in Delaware, but let me summarize the story for you, lets you missed the original post.

Connell is a criminal law professor, and is adept at concocting memorable hypotheticals to illustrate principles of law, often using celebrities and other people well-known to the students as characters. In one class, he illustrated the dilemmas in determining the crime of attempted murder with this hypothetical:

“The Dean has threatened to fire me if she comes to school one more time and finds that I have parked in her designated parking space. Upset about the possibility of losing both my job and the parking space, I bring my .357 to school, get out of my car, put the .357 into my waistband, walk to the top floor where her office is located, open the door to her office, see her seated at her desk, draw my weapon, aim my weapon, and fire my weapon directly into what I believe to be her head. To my surprise, it’s not the Dean at all, but an ingeniously painted pumpkin — a pumpkin that has been intricately painted to look like the Dean. Dick Tracy rushes in and immediately wrestles me to the ground. I am charged with the attempted murder of the Dean.”

Good hypothetical. But some of Connell’s students complained that the hypo communicated violent attitudes towards women and blacks, since the Dean, Linda Ammons, is both female and black. Continue reading →

You Thought THAT Was Outrageous Sexual Harassment? No, THIS Is Outrageous Sexual Harassment…

/ Jack Marshall / 9 Comments

Yes, disbarred judge Ted Abrams’conduct was terrible.  His harassing behavior towards a female lawyer, however, was chivalry itself compared to what Derek Wright, the owner of Pleasant Grove-based Lone Peak Controls and D& L Electric Control Company, subjected the company’s office manager to during her five year tenure, before he fired her for complaining about him.

In her sexual harassment law suit filed this week, Trudy Nycole Anderson alleges that Wright…

  • …Gave her a Monday-through-Friday “schedule” outlining what she should wear, with “Mini-skirt Monday,” “Tube-top Tuesday,” “Wet T-shirt Wednesday,” “No bra Thursday” and “Bikini top Friday.”
  • …Repeatedly asked her about her breast size and talked about her breasts in front of other employees.

Comment of the Day: “CNN, Burying the News to Protect Its Own”

/ Jack Marshall / 13 Comments

And since you brought it up...

In the Comment of the Day, Dwayne N. Zechman expands usefully on the Ethics Alarms post about CNN ignoring the developing story about its own talk show host, Piers Morgan.

  So I’ll return the favor and expand on his comment.

For every post on Ethics Alarms regarding unethical journalism or media bias, I could write ten. Believe it or not, I try hard to keep the topic to a minimum number of posts; it is a close second to politics among the daily temptations I have to resist in fulfilling the blog’s mission as a broad and eclectic, rather that narrow, examination of U.S. ethical issues and controversies.

Fresh distortions of the news by the media and its often jaw-dropping deceitfulness in reporting stories create potential topics for me every  day, and usually many times a day. Here’s an example from yesterday: I was shocked to find out that the FAA funding, which was held up in limbo while FAA workers missed paychecks, was stuck in the Democratic-controlled Senate, having been duly passed by the Republican-controlled House. The previous day, both President Obama and scores of news stories and TV news features had harshly criticized “Congress” for leaving D.C. for vacations while Federal workers were being stiffed. I assumed, as almost everyone presumed, based on the “hostage” rhetoric being used by pundits and columnists and the just-completed debt-ceiling deal, that it was the GOP-controlled House of Representatives that was causing the problem. And that, unquestionably, is exactly what the White House wanted the public to believe, as well as what the media went out its way to make certain the public did believe, by what its reporters and pundits didn’t report and didn’t clarify. Continue reading →