Month: April 2012

For My Father

/ Jack Marshall / 2 Comments

The better Jack Marshall

My father’s birthday is coming up; oddly, I remember the date now that he’s gone, when I never managed to so while he was alive. It is May 2, and by lucky happenstance, Eugene Volokh chose to post another of my father’s favorite Rudyard Kipling poems on his blog today. I had completely forgotten about it, so this is a gift to me, especially since it helps my dad’s memory burn even brighter, always a boon when I feel the walls closing in.  He loved Kipling’s poems, books and stories, and he was a man whom Rudyard would have admired. Like most Kipling, this poem is about ethics, as well many other things, some of which readers must figure out for themselves.

For you, Dad. And all of you, too:

The Gods of the Copybook Headings

By Rudyard Kipling (1865-1936) Continue reading →

The Perplexing Law and Ethics of Copyright Violations On The Web

/ Jack Marshall / 2 Comments

For once I’m not going to try to summarize a useful article, but will just suggest that you read it. From the future (the article is mysteriously dated May 1, 2012), journalist Eriq Gardner tells of his experience with Righthaven, the organization that was created explicitly to sue bloggers and others for copyright violations on the web. He tells of how he came to believe that the defenders of copyright law, not those who would destroy it, had fairness, logic and ethics on their side.

The article is well-timed, given my current travails with an unapologetic plagiarist, and my own position on copyright, which is consistent with the author’s. It also features a guest appearance by attorney Marc Randazza, the First Amendment specialist who came to my aid when  I was threatened with a lawsuit over an opinion someone didn’t like.

The article, titled The Righthaven Experiment: A Journalist Wonders If a Copyright Troll Was Right to Sue Him, is well worth your time.

The Plagiarist Strikes Back!

/ Jack Marshall / 35 Comments

Move along, Atticus. Nothing to see here, and I wouldn't want you to barf.

Well, some of you called it. I was a sap. I expected better.

Mary Frances Prevost, the California criminal law attorney who substantially expropriated an Ethics Alarms post and placed her name on it, responded to my request for an explanation, and failing that, an apology, a retraction, and proper credit, with this (on her Facebook page), in which she said, in part:

“I received a histrionic run-on-sentence email from someone named “Jack Marshall” today accusing me of committing crimes, threatening to report me to my bar association(s), the Inns of Court, and essentially spend your days and nights harassing me.” I have also viewed a a highly unethical rant published purportedly by you on a blog suggesting strongly that I have engaged in unethical conduct throughout the entire course of my career. I have counseled with one of the country’s premiere ethics attorneys. Here’s the result: 1) accusing me of a crime is defamation per se and unethical; 2) suggesting that my entire law practice has been based on unethical conduct is defamatory and unethical. I maintained copies both of your email and blog. It is clear that you are hell bent on engaging in systematic harassment and unethical conduct, the likes of which can, and most likely will, develop into a lawsuit unless rescinded forthwith. It is clear you have little to do in your life besides sent me emails accusing me of crimes, and writing poorly written blog posts accusing me of immoral behavior. Interesting how one making such claims, engages in most egregious conduct himself….But the sheer amount of energy really suggests something more: a lack of work; too much time; off your meds. I suggest you take a look inward and remove your defamatory and unethical blog post regarding me. Indeed, you should come clean on your blog. You’ve practiced law only two weeks before giving up. Yet, your resume suggests far more experience. I think you should rethink what you’ve done.”

Now how do you like that? Continue reading →

Illegal Immigration Insanity

/ Jack Marshall / 10 Comments

I wonder what HE thinks is the sensible way to handle illegal immigration. It can't be much crazier than almost everyone else's opinion.

Yesterday the U.S. Supreme Court heard arguments on the legality of Arizona’s anti-immigration legislation, and in today’s Washington Post, columnist Dana Milbank, one of the Post’s house liberals who has the integrity to be up-front about it, presented us with a related column that reminded me how ideology can become indistinguishable from insanity.

Illegal immigration is perhaps the best (or worst) illustration of this phenomenon, a problem that requires essential and obvious measures to address, one of which—finding a route to allow current illegal immigrants to achieve legal status—is opposed “on principle” by the Right though there is  no feasible alternative, and the other—taking effective measures to block entry by future illegals and to eliminate the benefits of breaking immigration laws through tougher enforcement—is opposed by the Left on humanitarian grounds, though it is irresponsible, expensive, and dangerous. In the middle of this absurd impasse is the government, which refuses to aggressively enforce the laws on the books, either because of unholy alliances with business interests that want cheap and exploitive labor (the Republicans) or because of a cynical strategy to court a large and growing demographic group to ensure future political power (the Democrats).

In short, Nuts, Nuts, Corrupt and Corrupt. Continue reading →

Comment of the Day: “Ethics Quiz: The Case of the Abandoned Prom Date”

/ Jack Marshall / 8 Comments

Well, I always wanted to be like Clint; not in this way, perhaps, but I'll take what I can get...

Jordan Gray posted the best of the counter-arguments to my resolution of an iron-fisted couples-only policy imposed on a high school junior whose feckless date left her with two tickets, an unworn dress, and a broken heart.

You almost have me convinced, guys. Maybe tgt is right, and I’m just telling the kids to get off my lawn…

Here is Jordan’s Comment of the Day on the post,  “Ethics Quiz: The Case of the Abandoned Prom Date”;

  “What makes proms special is that they are couples affairs, not just another dance.”

First, there are plenty of ways to enjoy the prom without being part of a “couple”. I’ve heard of singles going as groups, for example, or even being picked up by an existing couple who are more concerned with having fun than manufactured romance. Continue reading →

Is a Plagiarist a Trustworthy Attorney? Let’s Ask Mary Frances Prevost!

/ Jack Marshall / 46 Comments

This is me, apparently.

San Diego criminal defense attorney Mary Frances Prevost has an interesting post on her blog about the ethics of George Zimmerman’s first set of attorneys.

MINE.

You wouldn’t know it was mine, of course, because blogger/attorney/ former Washington Post journalist Prevost has slapped her own name on it. There it is, right at the beginning: “by Mary Francis Prevost.” I think that’s interesting.

Her post, entitled “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”, was posted the same day as the Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”, which began, coincidentally enough, by quoting John Steel’s post from the Legal Ethics Forum that read, “[S]hut up, guys. Shut the h*** up.”  It was two introductory paragraphs later, however, when “her” post got into the substance of “her” analysis of the ethical problems with the farewell press conference given by George Zimmerman’s attorneys shortly before the shooter of Trayvon Martin was charged, however, that I really began getting a serious dose of deja vu, also known as “Holy crap! This woman stole my article!” Continue reading →

Ethics Quiz: The Case of the Abandoned Prom Date

/ Jack Marshall / 42 Comments

Today’s Ethics Quiz takes on the ethics of high school proms.

Oh, suck it up, girl!

Amanda Dougherty, a high school junior, had a prom date, tickets, an expensive dress and dreams of romance, glamor and life-long memories when her date, for reasons unrevealed to us, had to bale out of the big event too late for Amanda to find a replacement beau. She planned on attending stag, and was shocked when officials at Archbishop John Carroll High School told her she was not allowed to go without a date according to Archdiocese of Philadelphia policy. The office of Catholic Education explained that the school has “numerous dances and events throughout the year where dates are not required, but we view the prom as a special social event where a date is required to attend.”

“She’s been excited (about prom) for a couple of years,”  Jack Dougherty, Amanda’s father, told the CBS affiliate in Philly. “She went out around Christmas looking for her dress.” Amanda took a feminist line of attack. “For them to say we’re not good enough to go without a guy next to us, that’s kind of sickening,” she said.

Your Prom Season Ethics Quiz is this: Is the school heartless and overly rigid, or is its decision the right one? Continue reading →

The Messy Case of the Courageous/ Zealous /Inept/ Dedicated/ Venal/ Lying/ Unethical/ Ethical Lawyer

/ Jack Marshall / Leave a comment

The courtroom chaos of Gilbert and Sullivan’s “Trial By Jury” was nothing compared to this!

One thing we do know for sure: the lawyer was rushed. And therein lies much of the problem.

This mind-blowing scenario, that could have easily been an episode on “Boston Legal” or “Ally McBeal,” occurred in California.  After a week long trial in a personal injury case where the brain-damaged plaintiff’s lawyer had asked for millions in damages, jurors  deliberated only four hours and announced they’d reached a decision. Both lawyers were certain a defense verdict, against the disabled man, was coming. Plaintiffs attorney C. Michael Alder pulled defense counsel  into the hallway for last-minute settlement negotiations, hoping that the defense would agree to some damages as insurance against a surprise plaintiff’s verdict. With his developmentally disabled client (who had suffered brain injuries in a fall from an ambulance) and his mother by his side, Alder exchanged figures and rejections with   defense lawyer James Siepler, who had an insurance claims adjuster on his cellphone.

Los Angeles County Superior Court Judge Michael Johnson was impatient, for the jury was ready to give its verdict. Literally at the last second,  Alder and Siepler agreed to a  $350,000 settlement, and returned to the courtroom. “The parties have advised me that they have reached a settlement of the case,” the judge informed the jurors, adding, “They will be happy to talk with you out in the hallway to get your views.”

They got the jurors’ views, all right. The jurors told the attorneys that they were going to award the plaintiff 9 million dollars. Continue reading →

The Matthew Owens Attack: For Obama, Impossible Choices and Deserved Accountability

/ Jack Marshall / 21 Comments

Actually, Matthew Owens DOES look a little like my son...Of course, it's hard to tell...

From the Huffington Post:

“Alabama police are trying to track down a mob that beat a man into critical condition — leaving their battered victim with the words, ‘Now that’s justice for Trayvon.’ Cops told WKRG that Matthew Owens got in an argument with some kids playing basketball at a court in the city of Mobile on Saturday night. The kids left and a group of some 20 adults arrived at Owens’ front doorstep, armed with chairs, brass knuckles, pipes and paint cans. The group, all African American, allegedly beat him into a bloody pulp before someone uttered the words that connected the crime to the death of Trayvon Martin, the unarmed teen who was shot and killed in Florida by neighborhood watch captain George Zimmerman.”

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UPDATE (4/25): New reports question some of the details above. The dispute may have started over thefts in the neighborhood witnessed by  Owens’ niece; a neighbor says that Owens had been in disputes frequently; police now say that the beating was administered by only members of the group, with the rest standing by and watching. There has been at least one arrest. Also of note: Owens’ sister’s claim that one of the attackers said “Now that’s justice for Trayvon” may have been corroborated by other neighbors.

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This was completely predictable, and indeed it is only the worst, not the first, incident in which an attack on a white victim was linked to “justice” for Trayvon Martin. Now, the reasons I laid out a month ago that made President Obama’s reckless comments about the Sanford, Florida killing divisive and dangerous ought to be obvious to all, but if not, here are some questions to consider: Continue reading →

Comment of the Day: “Ethics Chess Lesson: The Tale of the Kidney and the Ungrateful Boss”

/ Jack Marshall / 6 Comments

New commenter Christine has a valuable personal experience to relate, as an individual who donated a kidney to a stranger herself.  The main thrust of her post covers a topic that I have written on before but did not mention in this case, though I should have. Someone who performs a kind and generous act counting on rewards, copious thanks and gratitude, is  doing it for the wrong reasons. The act itself is all that matters. Certainly, gratitude is the right way to respond to generosity, but an act done in anticipation of personal benefits isn’t really altruistic. It is opportunistic. This is a cliché to be sure, but true nonetheless: the generous act must be its own reward.

Here is Christine’s Comment of the Day on the post, Ethics Chess Lesson: The Tale of the Kidney and the Ungrateful Boss.

I want to also commend Christine for following the comment policies, which many of the new visitors here who commented on this post did not do. I prefer full named on posts, but I only require that I am informed of  every commenter’s real name and have a valid e-mail address within a reasonable time of their first submitted comment. One way or the other virtually all of the regular commenters here have managed to do this, and it makes a difference, even in my responses. I regard such commenters as collaborators , not just marauders, and most of the time, I treat them accordingly:  tgt, Steven, Lianne, Margy, Glenn, Tim, both Michaels, Karl, Neil, Karla, Rick, blameblakeart, Barry, gregory, Eric, Curmudgeon, Eeyore, Julian, King Kool, Joshua, Jay, Tom, Bill, Danielle, Elizabeth, Patrice, Ed, Bob, The Ethics Sage and Jeff…I know there are others.   Thanks to all of you for letting me know who you are.

Now, Christine: Continue reading →