Month: February 2016

“Code Black” Glosses Over A Medical Ethics Imperative

/ Jack Marshall / 6 Comments

Code Black

In TV’s medical drama “Code Black‘s” episode “Diagnosis of Exclusion,” we were plunged, as is too often the case in such shows, into a freak situation that might not occur in any U.S. hospital for a century, but that somehow happens on TV routinely.

A lunatic stalker named Gordon (Jesse Bradford) tried to rape doctor Malaya Pineda (Melanie Chandra) in the hospital garage, after stabbing a hospital administrator, perhaps fatally. Dr. Pineda fought back, the stalker stabbed her in the stomach, and then mild-mannered Dr. Angus Leighton (Harry Ford) arrived in time to pull the stalker off of his wounded friend and save her life. In the struggle that ensued, crazy Gordon was stabbed in the neck with his own knife.

This was presented in flashback, in the form of an official inquiry where Dr. Leighton explained that he told the stalker not to pull out his knife, but he did anyway, causing uncontrollable bleeding. “Maybe I could have done more but, I was out of my mind,” Angus explains. Leighton says he tried to stop the bleeding as he screamed for help. By the time the paramedics got the murderous patient into the ER, he was beyond saving.

Ahhh, but that’s not exactly what happened, we learn! First we saw Angus’s older brother, also a doctor, tell him that he did the right thing, that Gordon tried to kill two women that day and would have gone on to kill more if Angus hadn’t acted as he did.

Wait, what? Continue reading →

Ethics Observations On The Post-Iowa Republican Accusation Orgy

/ Jack Marshall / 25 Comments

Cruz wins

A brief summary: After Ted Cruz shocked the poll-worshiping Donald Trump and the incompetent pundits with a first place finish in Iowa, and after a gentle, gracious, classy concession speech by someone impersonating Trump, subsequent days have been filled with accusations from Ben Carson that Cruz deflated the sleepy doctor’s vote total by spreading rumors about Carson dropping out of the race. Cruz apologized for his camp’s part in the confusion, but blamed CNN for misleading news reports, which were inspired by a vague tweet from the Carson camp about the candidate going home to Florida rather than on to New Hampshire, where the campaigning continues. CNN then accused Cruz of blame-shifting. Meanwhile, Trump found that impersonator and shot him, or something, and now says he will sue Cruz, or the Republican party or someone for some combination of Cruz not being a natural born citizen, his campaign’s sending out a deceptive mailer, and stealing Carson’s votes, and will demand a caucus do-over.

Observations:

1. Carson’s incompetence is at the root of this whole mess. His staff, as the caucuses were getting underway, put out an ambiguous tweet that Carson would not be going on to New Hampshire,, but was going home. Since Carson’s campaign has been falling apart in chunks for weeks now (this news today, for example) , his support in the polls has been falling, he was inert through the last debate and has no rational excuse to be running anyway, several news organizations assumed that the message meant that his withdrawal was imminent. I assumed that’s what the tweet meant. Carson’s staff is inept: that was a ridiculous tweet to make at that time. He should take full responsibility for all the confusion.

2. CNN and the various media sources that sent out tweets and statements also suggesting that Carson was quitting are also accountable for sloppy journalism. CNN is denying that its reporters gave out wrong information, but they did. First Chris Moody tweeted…

“Carson won’t go to NH/SC, but instead will head home to Florida for some R&R. He’ll be in DC Thursday for the National Prayer Breakfast.”

“Carson won’t go” to the site of the next two primaries is wrong. The word “immediately” was missing. Then CNN’s Jake Tapper tweeted…

“BREAKING: @moody has learned @realbencarson will return to FL following , will not go to either NH or SC”

CNN itself tweeted this:

“After the , @RealBenCarson plans to take a break from campaigning http://cnn.it/Iowa”

CNN’s protests that Cruz is using them as a scapegoat is a lie on its face. The network and its supporters jumped the gun, and suggested that Carson was quitting without confirming this with his organization. If it had any integrity…well, we know the answer to that, don’t we?

3. I can’t let this pass: last night, Fox’s Bill O’Reilly railed at CNN, calling its defense of its reporting “ludicrous” and declaring, “That news agency screwed up big time and apparently doesn’t care.”

He continued:

“The state of American journalism is on the verge of collapse. Ideology has permeated hard news coverage and honest reporting is becoming almost scarce, especially in political circles.”

Bill O’Reilly said this. Bill O’Reilly. Continue reading →

Ethics Quiz: The “420” Tattoo And GoFundMe Ethics

/ Jack Marshall / 21 Comments

Tattoo 420

Tabitha West, of Fulton, New York, created a GoFundMe campaign to raise money for a worthy cause: paying for her to get a giant woman  “420” tattoo removed from her forehead. “420” apparently means “I’m a pot head.” Some madman tied her down and defaced her. Wait, no scratch that. She paid to have someone but the big, ugly, stupid tattoo there. Now she finds that having a tattoo on her face that proclaims her love of illegal drug use is an impediment to employment. Huh. Boy, knock me over with a feather: who could have foreseen that?

So, broke and desperate, Tabitha—did I mention that she is an imbecile? Did I need to?—is begging for kind and generous people to undo what she did.

Her message on the GoFundMe page, seeking a goal of  $800, reads:

“I am wanti,g $ to get that tattoo off my for head I want to have a better start out in life and have a second chance at life please help me I was young n dumb when I got that I’m older one looking for a job can’t get out and people call me a druggie every day of my life and being called 420 is not nice and I almost killed my self over it. … can’t stand to look at my face anymore. .save a life save me..invest in me and I will show you I can be better with my life. ..thank you.”

We can all see from that eloquent appeal that Tabitha is a dummy no longer, and thus a superb investment.

Surprisngly, some critics demur. Shawn Morse, for example, wrote in response to the appeal:

“It’s people like you that keep my (sick) girl from getting help. My daughter has three brain tumors, cerebral palsy, neurofibromatosis, an optic glioma, & a feeding tube. My daughter’s GoFundMe keeps getting passed over for things like this. There are too many people begging for money for their bad decisions in their life.”

Your Ethics Alarms Ethics Quiz of the day is…

Is it unethical for Tabitha to seek help on GoFundMe, and for donors to give her money?

Continue reading →

So is THIS The Tipping Point For Trump Fans? Because One Is Coming….

/ Jack Marshall / 29 Comments

epic-fail-fire-alarm-fail1

I mention this briefly, to illustrate my point that Donald Trump will keep testing the limits of human tolerance, even that of stupid, crude, bigoted, hateful and ignorant humans, until he exceeds it. This is a certainty.

Someone had thrown a tomato at Trump at a previous event, so at his Monday rally in Cedar Rapids, Trump told the crowd,

“So if you see somebody getting ready to throw a tomato, knock the crap out of them. I will pay for the legal fees. I promise.”

So we have now escalated from Trump kicking out protesters while directing that his thugs keep their coats, so they freeze, and thowing out reporters he doesn’t like, to directing the crowd to beat people up. This last would be enough for most decent, fair, civilized people, none of whom attend Trump rallies. What will make these people say, “Oh-oh! I don’t want to be associated with this guy!,” I wonder?

When he has the protester brought up the podium, says, “Stand him up!’ and breaks his jaw, like Captain McCluskey does to Michael Corleone? No? Not bad enough?

How about setting a protester on fire? How’s that?

It is certain, certain, that eventually Trump will go too far, because he has no ethics alarms.

Just wait.

You’ll see.

________________________

Pointer: Fred

 

In Virginia And D.C., Botching The Complex Relationship Between Law And Ethics

/ Jack Marshall / 72 Comments

aforadultry

Laws don’t exist merely to do things; they must also stand for the ethical principles that sustain a stable and productive society. Laws create moral codes of conduct as well as a pragmatic ones. It is profoundly puzzling to me that so many regard this as a controversial statement, especially in a country founded by two documents that are steeped in values.

There are laws against stealing to discourage theft, but also because the official voice of society must make it clear what the values of that society are. The laws against stealing state that theft is wrong. The law expresses societal consensus about acceptable and unacceptable conduct; it also reinforces and strengthens that consensus.

The fact that this is a proper function of law doesn’t mean that those who write and pass laws or the public understand any of this. The relationship isn’t taught in schools, and while one might encounter this concept in law school or a good college government or philosophy course, one can be well-educated and never think about this at all. In other words, the officials who make laws often don’t have a clue what they are doing, and neither does anyone else.

Two glaring examples have arisen in my neck of the woods, the District of Columbia, where I work, and Virginia, where I live.

Behold:

In Virginia, Virginia Senate declined to pass a bill that would have decriminalized adultery in the state. Currently, adultery is a Class 4 misdemeanor. Sen. Scott Surovell (D–Fairfax) introduced a measure that would have reduced adultery from a criminal offense to a civil one, keeping the criminal law’s fine of no more than $250. Thirteen states have repealed similar adultery statutes in recent years, and only about a dozen states still treat the act as a crime. The immediate criticism of the Virginia decision was predictable and focused on “legislating morality,” as if that isn’t a legitimate function of law. What critics, usually from the left, mean when they use this catch phrase is “How dare the government interfere with private conduct that is nobody else’s business?” Well, is spousal abuse and child abuse private, then? Bigamy? The reason adultery is illegal is that it hurts people, wrecks families, traumatizes children, and destabilizes society. It is completely appropriate for society to say  “This is bad for everyone, so don’t do it.” The law is how we express such messages. Continue reading →

Keep It Up, Vulgarians

/ Jack Marshall / 50 Comments

This morning I was listening to a CNN reporter in New Hampshire interviewing an ordinary, middle aged woman who is a Trump supporter, and she dropped a word inappropriate for TV live. The interviewer said, “You just said a cuss word!” and she just ignored him. In Phoenix, Don Harris, the head of Arizona’s largest NAACP chapter, was discussing the somehow national scandal over six white teenage Desert Vista High School students posting a photo of themselves aligned so the letters on their T-shirts spelled N-I-*-* E-R when he just couldn’t resist saying that a TV reporter who had just interviewed him had “nice tits”as he was speaking to another TV interviewer.

The recording was posted, and Harris had to resign as Chapter president. Called about the incident by another reporter, Harris said, among other things, “I’m really fucking sorry. I’m going to slash my wrists . . . Better yet, I’m going to throw myself out of a fucking window, except I’m on the first floor . . . I’m one of the best goddamned people in the state. They’ve seen me now, they’ve seen what I’ve done. I’ve given up my law practice. I’m down here six, seven days a week. That’s what my commitment is. I support NOW, the women’s organization — goddamn! — are you shitting me? Are you going to write this up?”

Why yes, Don, you vulgar fool, they are.

Harris and the dumb New Hampshire woman (I did say she was a Donald Trump supporter, right?) are victims of the crude and ugly culture of rudeness and incivility being imposed on the culture. If you don’t fight back, you will be sucked in: your civility and decency ethics alarms will become rusted and useless. At the 2016 Golden Globes awards, knowing they were on live TV and in front of an audience of adults, various presenters and award winners used the words cunt, sugar tits, fuck and fucking (twice). Speaking like this in private or controlled workplace surroundings is as old as the hills, but somewhere the principle has been lost in which such gutter discourse was understood to be ugly, lazy and the mark of an unmannerly lout when it leaks into more formal, or public settings. Who thinks this is a positive development? Continue reading →

February 3, 1959.

/ Jack Marshall / 24 Comments

Buddy-Holly-Plane

Buddy Holly, a rising pop music genius not yet 23 years old, died in a plane crash today, 57 years ago.

We can do all we can, and do everything right, but so much in our culture and lives is determined by pure luck, good, bad, and as in this case, terrible.

I think about this every February third.

Here’s Buddy, with one of my favorites:

And here is Don McLean:

Tales Of The Unethical: A Client Hacks, His Lawyer Cheats, And HIS Lawyer Spins

/ Jack Marshall / 6 Comments

hackedWhat a mess.

Missouri lawyer Joel Eisenstein saw two documents illicitly obtained by his client: a payroll document for the client’s wife and a list of direct examination questions prepared by his client’s wife’s attorney for an upcoming divorce trial.

This kind of stuff, proprietary material that is handed over to a lawyer by someone, including a client, who received it under dubious circumstances is ethically radioactive. As the DC bar wrote in Ethics Opinion 318…

When counsel in an adversary proceeding receives a privileged document from a client or other person that may have been stolen or taken without authorization from an opposing party, Rule 1.15(b) requires the receiving counsel to refrain from reviewing and using the document if: 1) its privileged status is readily apparent on its face; 2) receiving counsel knows that the document came from someone who was not authorized to disclose it; and 3) receiving counsel does not have a reasonable basis to conclude that the opposing party waived the attorney-client privilege with respect to such document. Receiving counsel may violate the provisions of Rule 8.4(c) by reviewing and using the document in an adversary proceeding under such circumstances and should either return the document to opposing counsel or make inquiry of opposing counsel about its status prior to determining what course of action to take. Continue reading →

Prof. Jonathan Turley On The Latest Clinton E-Mail Revelations

/ Jack Marshall / 11 Comments

the_end_justifies_the_means_by_carlos0003

“Highly classified Hillary Clinton emails that the intelligence community and State Department recently deemed too damaging to national security to release contain “operational intelligence” – and their presence on the unsecure, personal email system jeopardized “sources, methods and lives,” a U.S. government official who has reviewed the documents told Fox News.”

The mainstream media is dutifully ignoring this while they can, so you may well say, “Oh, well that’s just Fox News.” However, this bit of leaked information should not be surprising, and assuming that it is accurate, it follows the pattern of each bit of new data further discrediting Clinton’s various defenses for her indefensible handling of communications.

I point you to the analysis of George Washington law professor and blogger Jonathan Turley, who is that rarity in academia, a non-partisan, fair and unbiased commentator. Here, in part, are his recent comments on this matter. Please send it to the unshakable Clinton enablers in your life: a mind is a terrible thing to waste. (The emphasis is mine.)

While I agree with the Clinton campaign that these leaks are themselves problematic (both in terms of their timing and their disclosures from an ongoing investigation), I have long maintained that this was a serious scandal and that Clinton’s evolving defense does not track with national security rules or procedures. I consider the decision to use exclusively an unsecure server for “convenience” to be a breathtakingly reckless act for one of the top officials in our government. I am also deeply concerned about the level of “spin” coming from the campaign that is misrepresenting the governing standards and practices in the field. Much of what has been said in defense of Clinton’s use of the email system is knowingly misleading in my view.

In addition, Rep. Mike Pompeo, R-Kan., who sits on the House intelligence committee, “suggested the military and intelligence communities have had to change operations” due to the presumption that Clinton’s emails were compromised.

… I have previously noted that the decision of Clinton to use a personal server showed incredibly bad judgment that put classified information at risk. The defense that the information was not marked, which the campaign has been using recently, does not address the fundamental issues in the scandal. Clinton has insisted that “I never sent classified material on my email, and I never received any that was marked classified.” The key of this spin is again the word “marked.” I have previously discussed why that explanation is less than compelling, particularly for anyone who has handled sensitive or classified material. Continue reading →

The Seventh Annual Ethics Alarms Awards: The Worst of Ethics 2015, Part 1

/ Jack Marshall / 13 Comments

Donald and Hillary

Sigh.

Watching the (encouraging) Iowa Caucuses results drip in last night, I was reminded that I hadn’t finished the task of completing the Seventh Annual Ethics Alarms Awards for 2015’s Worst in Ethics. There are two reasons for my tardiness: a lot of other ethics issues have arisen of late, and this job makes me physically ill. It is depressing and discouraging: 2015 was much worse than 2014, which was considerably worse than 2013. What am I doing here? What is the point of spending all of this uncompensated time—it is more profitable bagging groceries—trying to nurture a more ethical culture and a more ethically competent public when all evidence points to utter futility as the result? Well, that way madness lies, I guess. I’m just going to grit my teeth and do my duty.

Last year I began by saying that 2014 was the year of the Ethics Train Wreck. There were far more of them in 2015, and they were more serious and damaging. That should give you sufficient warning of the horrors to come…

Ethics Train Wreck of the Year

trainwreck

The Illegal Immigration Ethics Train Wreck

One reason 2015 was a train wreck fest was that last year’s winners, the Ferguson Ethics Train Wreck, which begat the Freddie Gray Ethics Train Wreck, both begat by the 2012 winner, The Trayvon Martin- George Zimmerman Ethics Train Wreck, and The Obama Administration Ethics Train Wreck, were still running amuck this year as well. The latter managed to run head-on into the immigration mess, with the President over-stepping his Constitutional limits to decide unilaterally not to enforce the law, and the Middle East foreign policy fiasco, causing Democrats to bury their heads in the sand and deny that admitting unvetted Syrian refugees into the country was unacceptably dangerous, and Republicans to start talking like 1930s Germans. Then everyone was demonizing the issue, including the President and all of the Presidential candidates. Runners-up: The Donald Trump Presidential Campaign Ethics Train Wreck and the Hillary Clinton Presidential Campaign Ethics Train Wreck

Fraud of the Year

Rachel Dolezal, the militant, angry, anti-white NAACP official who, we discovered, was lily white and had magically become black by “identifying” so.  This ridiculous episode neatly encapsulated the entire year, which included sexual predator-enabler Hillary Clinton becoming a feminist champion by identifying as one, Bruce Jenner turning himself into herself by just saying so (and cashing in as a result), and President Obama making failed policies successful by repeating over and over that they were. RUNNER-UP: The Illinois Lottery, which first lures poor citizens into paying millions they can’t afford for a distnat chance at a jackpot, and then doesn’t pay up when one of them wins.

Incompetent Elected Officials of the Year

Every elected official involved in the Flint, Michigan water disaster. Plenty of unelected officials were accountable too, but I don’t have a category for them.

Sexual Predator Of The Year

 Bill Cosby. He won this category handily in 2014, and added about 20 more alleged victims to his total this year. Who know how long he will hold the title? Meanwhile, his own Ethics Train Wreck sucked in Walt Disney World, the Smithsonian, and Claire Huxtable, among others.

Runner-up: Bill Clinton. Karma’s a bitch. Continue reading →