Month: September 2012

Most Unethical TV Series Episode of the Year: “C.S.I.” (Premiere)

/ Jack Marshall / 6 Comments

In next week’s episode, D.B. dreams that he owns a bar in Boston….

I like “C.S.I.”, especially since Ted Danson took over the show as family man D.B. Russell. I won’t be watching the show for long, however, if it continues to cheat its audience as it did tonight, in the much heralded premiere to the new season.

The plot involved the kidnapping of Russell’s granddaughter in an extortion plot engineered by an imprisoned Vegas mobster. In fact, there wasn’t much to the story: they tracked down the little girl, and she was alive. The show was padded out by an obnoxious and unprecedented gimmick for “C.S.I”, showing scenes of great tragedy, violence or drama that turned out to be nothing but dark forebodings in Ted Danson’s stressed-out head. We see him viewing the body of his daughter in the coroner’s lab; she has a bullet hole in her temple. Surprise! It’s not really happening! Ted is just dreading it, because he’s so worried. D.B. gets a gun, goes in to a holding cell to talk to the mobster, loses his cool and shoots him dead. Oops! That didn’t happen either! D.B. is just thinking about how much he’d like to do that, you see. After the child is found unharmed, after real events that would have taken up about a 30 minute episode, D.B./Danson comes home to find his beloved wife leaving him! Oh, no, not that! D.B. loves his…Dang! They got me again!  That was just another day dream! Continue reading →

Indians, Pirates, Greeks, Intellectual Property, and Political Correctness

/ Jack Marshall / 5 Comments

The always understated Robert Newton as Long John Silver. You owe his estate a quarter every time you say “Arg!”

Here I am banging my forehead with the palm of my hand for not realizing that all of the rhetoric flying around about how horrible it is that people in the U.S. can get away with denigrating religions would spark yet another round of political correctness applied to team names and mascots. Perhaps this was inevitable when a vestige of an earlier controversy along these lines invaded the Elizabeth Warren-Sen. Scott Brown race: some of Brown’s staff were seen doing the old Atlanta Braves “tomahawk chop” to mock Professor Warren’s beneficial delusion that she is a bona fide Native American. The political correctness police were all over this one, though the logic, as in a lot of political correctness, was strained: doing a famous fake Indian gesture to mock a fake Indian political candidate is an insult to…real American Indians? Even after the real Cherokees have announced that Warren’s pretensions of affirmative-action worthy Native American status is offensive to them? I’m afraid  those who are empowered by being offended are just too creative for me—I don’t get it.

Nor do I get an earnest essay by  Paul Lukas on the ESPN website, titled “Time to Re-think Native American Imagery.” I am on record as believing that the assault on Native American symbols and imagery for school and team names is just more cynical power-mongering by convenient victims, with the exception of the Washington Redskins, the one team with an undeniably racist name that ought to offend everybody. Still, it is obvious that the political correctness thugs will keep chipping away, counting on their persistence and the eventual bureaucratic shrug (“Oh, what the hell—it’s only a name. Let’s just give them what they want!”) to give them a victory–whereupon they will find something else to be offended about.  Continue reading →

“Your Boss Is Insane”

/ Jack Marshall / 7 Comments

On the site Learn Stuff, Sarah Wenger has produced an infographic with a strong ethics message, aimed at the vast number of people in management and supervisory positions in business who abuse their position and power, making those they lead miserable, unproductive, and insane themselves. How many horrible bosses inflict themselves on the nation? That is a mystery, though we know it’s a lot. Incompetent, unfair and irresponsible supervisors at all levels,  as the feature states,

“cost their employees their health and the U.S. economy some serious cash. Employees with bad bosses can lose their hair, gain weight and up their chances of heart disease by a whopping 25%. And to top it all off, poorly managed workplaces are less profitable and have lower levels of productivity. Psychopathic bosses: bad for you, bad for the economy.”

The problem is that management is hard, leadership is harder, formal training in either cannot cure personality defects that make being successful in these two endeavors unlikely, and because truly talented managers and leaders are so rare, most people rise to positions of power without ever experiencing what effective leadership is. A good starting point for any boss is a commitment to fairness and respect, as well as an understanding of what responsibility and accountability mean. That, of course, means ethics.

Here is Sarah Wenger’s infographic, “Your Boss is Insane,” re-published with her permission: Continue reading →

The Anti-Smoking Zealots Go To A Show

/ Jack Marshall / 25 Comments

…and it really looks cool in the stage lights!

Once again I am embroiled in a battle with bullies, in this case bullies whose motivation I support, but whose application, attitudes and methods I both oppose and despise. The bullies are the anti-smoking zealots. I am very happy with the culture’s success in discouraging smoking, and most of the government’s efforts to make smoking expensive and difficult, though I would support the U.S. being straightforward and just banning tobacco products. The bullies, however, buy tickets to the theater company that employs me as its artistic director, and that theater produces only written or about the 20th Century, especially the middle of it, when people smoked a lot. This often requires some smoking on stage, at the discretion of the director and the requirements of the plot. Whenever this happens, I catch hell. And I give it right back. Continue reading →

More From Prof. Jacobson On Elizabeth Warren’s Law License

/ Jack Marshall / 32 Comments

Uh, guys? Do you even care what really happened any more?

[ Original post here]

He has read various critiques of his analysis and allegations, and addresses them here. Jacobson also spoke with the much quoted General Counsel of the Mass Board of Bar Overseers, and confirmed that  Michael Fredrickson was not speaking officially or on behalf of the BBO, but rather giving his personal opinion.

For my part, I am dismayed, if not shocked, that the legal establishment, as well as legal ethicists who should know better, are letting their political biases dictate their analysis. It is true that Jacobson is an openly conservative blogger as well as a long-time critic of Warren, but he raises legitimate questions that deserve to be taken at face value, whatever their source. The fact Fredrickson, the BBO General Counsel, felt it necessary to personally defend Warren in the absence of sufficient facts strongly suggests a pro-Warren bias in the disciplinary system, where it really shouldn’t matter who breaks the rules, but whether or not they have. Similarly, over at the Legal Ethics Forum, legal ethics legend Monroe Freedman comments,

“It surprises me that so much commentary has been expended on such a relatively unimportant issue, which apparently was raised in the first place to embarrass a candidate for the Senate in a race that has matters at stake that could affect the future of the country.” Continue reading →

Airport Ethics: And This Is How Cheating Becomes Respectable

/ Jack Marshall / 5 Comments

The owners of these bags are suckers.

Traveling from Cleveland to Washington. D.C., today, I noted that the ridiculous airport baggage checking policies have borne predictable fruit. Easily 50% of the fliers on my plane cheated, sneaking their bags through security to avoid the luggage charge.

And it is cheating.

The airline charges $25 for each bag checked. The airport screeners don’t know or care who is on what flight, so it is easy to get bags through security that are too large to fit in the overhead compartments of some or all flights. Once you get them through security (slowing down the line for everyone else: the line in Cleveland went so slowly that I though I was in a Candid Camera stunt. Six travelers celebrated birthdays, two retired, and one girl went through puberty while we waited. And I had to shave repeatedly), the attendant at the gate will tell you that your bag won’t fit, and gives you a tag. You tag the bag, and leave it on the jetway. Then it is picked up and put on the flight. After you land, the bag is delivered to the jetway, meaning that the cheaters also get their bags without waiting for the carousel, or having to worry about them getting lost. Continue reading →

Confession of Faithless Fan

/ Jack Marshall / 7 Comments

The 2012 Red Sox season

I’ve been meaning to write this post for more than a month, almost two., for it has been that long since I have watched a Boston Red Sox game, or indeed any baseball game at all. This, I knew, was complete abdication of everything I believe about loyalty, courage, faithfulness and gratitude, yet I could not force myself to meet my own standards, and I am ashamed.

For I hate sports fans like that, feckless, fair weather, Sunday soldiers who root loudly for their team when things are good, and who defect to the booers and the doubters when the tides of fortune turn. I have been the most loyal and faithful of Boston baseball fans since my childhood. I watched or listened to every game when the team was annually awful, from 1962-1966, and yet got reserved seats for the final series of the 1967 season a year in advance, because I thought, absurdly, that the team might be in a pennant race. (And I was right!) I endured team collapses and disappointments in many seasons since—all the famous ones, and others that only a dedicated lifelong fan would remember.

What happened to me this year? Continue reading →

Well, There Goes Elizabeth Warren’s Legal Ethicist Vote! (UPDATED)

/ Jack Marshall / 20 Comments

On the positive side for Prof. Warren, at least she may be able to  truthfully say that in Massachusetts, she’s more Cherokee than lawyer…

As thoroughly researched by Cornell Law Professor ( and conservative blogger) William Jacobson, Democratic Senate candidate Elizabeth Warren practiced law in her Cambridge, Massachusetts office for more than a decade without ever being licensed to practice law in that state. His findings are here. Continue reading →

The NFL’s Replacement Ref Dilemma

/ Jack Marshall / 13 Comments

There are some things even football fans won’t stand for. I think.

It was Week #3 of the NFL season, and there is a growing consensus that the replacement referees, the consequence of the NFL’s labor dispute with its regular refs, are making, if not a mockery of the game, a mess of it. The ethics issue: at what point is the quality of the NFL’s product so compromised by sub-professional officiating that the league is cheating the public by presenting it at all?

Airlines don’t use replacement pilots when pilots go on strike; they wouldn’t dare. Chicago didn’t hire street mimes to stand in for the striking teachers. In the NFL’s case, it is making the calculation that football fans will put up with lousy officiating if the alternative is no games at all on Sunday. Meanwhile, the NFL still charges the same outrageous prices for its tickets and still collects full value in merchandising and TV revenue. Translation: It is getting full price for a less than complete product. Is that ethical? Continue reading →

A Tale of Two Panders

/ Jack Marshall / 5 Comments

I know. I’ve hated the pander-panda pun since Sen. Paul Tsongas called Bill Clinton a “pander bear” in 1992. But the newborn baby panda at the National Zoo died yesterday, there’s no way to write about it on an ethics blog, so this was the best I could do to register my condolences. Forgive me.

What would be the response of an objective and balanced news media—that is, one determined to treat both candidates equally unfairly—to  an Obama equivalent of the infamous Romney dismissal of “47%” of the electorate? We really can’t tell from the closest comparison, candidate Obama’s infamous and also surreptitiously taped 2008 comments in ultra-liberal San Francisco, condescendingly describing blue-collar Pennsylvanians who, he said, “get bitter, [and] cling to guns or religion or antipathy to people who aren’t like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations.”  That was while he was running against another media darling, Hillary Clinton, so it presumably got more play than it would have if he were facing a hated Republican.

Better intelligence comes from Jennifer Rubin’s criticism today of Obama’s answer to an interviewer on the Spanish language cable station Univision, who asked him what his greatest failure was. Why, failing to achieve comprehensive immigration reform, of course! (“This is a Hispanic channel, right?”)

Really?, wonders the conservative Rubin. How about… Continue reading →