Month: April 2016

Observations On The ‘Ole Miss’ Sigma Chi Derby Days Controversy

/ Jack Marshall / 26 Comments

Derby DaysNews Item:

The University of Mississippi’s Title IX office has launched an investigation after allegations surfaced on social media that men of the Sigma Chi fraternity asked sorority members questions tainted with sexual innuendo on a loud speaker system in front of hundreds of students at the closing festivities of Derby Days, the fraternity’s annual philanthropic initiative.

Those “allegations” came in the form of an emotional Facebook post by student Abby Bruce, who began,

“Tonight, my eyes watered up as I watched women be humiliated in the name of “philanthropy.” After a week long process of all the sororities on campus competing to raise money for Sigma Chi’s philanthropy, the guys proceeded to ask the contestants for their Derby Days queen over the mic at the dance competition where hundreds of women were gathered “which sigma chi they would go down on,” “what type of sausage would they prefer: linked or sigma chi,” and other questions of the like.”

Observations:

1. I’m sure Ole Miss administrators are shocked, shocked (I know this “Casablanca” reference is an over-used cliché, but it perfectly fits this episode) that fraternity members would use sexual innuendo at an event like this. In truth, this is undoubtedly been going on for decades, but the combination of the sexual assault posse culture that the Education Department’s “Dear Colleague” letter inflicted on campuses combined with social media shaming prompted the college to act as if it had no idea such vulgarity was going on.

The University of Mississippi has allowed and by its passivity endorsed such piggish conduct in its fraternities, and it is now grandstanding.

2. A Title IX investigation, in this case to see if frat boys making sexual innuendos about sorority girls during an extra-curricular event, is an abuse of the law and free speech intimidation, and is unwarranted, except, I suppose, to make Old Miss  immune from government harassment. The test in Title IX is whether conduct with sexual content and intent rises to the level of non-consensual and unwelcome sexual harassment in which students are “deprived of equal and free access to an education.”  Being subjected to rude comments on Derby Day when in all likelihood the women participating knew what was coming isn’t going to deprive anyone of anything. Continue reading →

Ethics Hero: Boston Red Sox Pitcher Steven Wright

/ Jack Marshall / 12 Comments

beaning

On Sunday, Boston Red Sox knuckleballer Steven Wright hit Toronto first baseman Chris Colabello square in the helmet, and not with his usual floating trick pitch, but with an 87 mph fastball, making a frightening sound and causing  Colabello to collapse on the field.  After being checked out by the team trainer and allowing the replay of his life that flashed before his eyes to wind up, Wright’s beanee took first base and remained in the game.

Wright appeared visibly upset on the mound,and apologized to Colabello when he made his way to first.

The next morning, Colabello found an expensive bottle of liquor in his locker, a present from Wright. He was surprised. “He went above and beyond in my eyes,” the player with the sore head said. “It was pretty obvious there was no intent [to throw a beanball]. You could see by his reaction.” Continue reading →

Unethical Quote Of The Week: NY1 Host Errol Louis

/ Jack Marshall / 9 Comments

“Let me suggest, because some of her strategists have said this kind of quietly, it’s not really a big thing on this campaign trail: a lot of this is sexism. It’s buried so deep that people just say, ‘I don’t trust her, she doesn’t keep her word.’ And then you turn it around and say, ‘What politician does?’”

—-CNN political commentator and NY1 host Errol Louis in response to CNN’s Chris Cuomo’s question regarding Hillary Clinton’s a recent Wall Street Journal/NBC poll that indicated that Clinton had a 56% unfavorable rating even among Democrats.

The T-Rex in "Jurassic Park" was also a female, and I'm sure sexism had a lot to do with everyone not liking her, either...

The T-Rex in “Jurassic Park” was also a female, and I’m sure sexism had a lot to do with everyone not liking her, either…

It must be wonderful for a politician to have an automatic, guilt-inducing, candor-suppressing excuse for every botch, failure, example of misconduct and instance of terrible judgment. You have to pity Richard Nixon, Lyndon Johnson, Robert Dole, George W. Bush, John Kerry, and so many others–when people said they distrusted or disliked them, they had to accept responsibility for it, and conclude that they must be doing something wrong. After all, nobody is prejudiced against white males: when people think they screw up, it’s because they really are incompetent or corrupt. They have to be accountable. How brilliant of the Democrats to hit on this fool-proof—literally—formula: just find black or female standard bearers and all criticism can, and for a lot of journalists will, be attributed to prejudice and bigotry. One has to wonder if Democrats will ever dare to run a Presidential candidate again who doesn’t have this built-in armor.

Without this versatile reality-warping and truth-defying device, I am certain that right and left, including African Americans, would have been howling for Barack Obama’s head long ago, with the news media handing out the torches and pitch forks. The engine for this double-standard is presumed bigotry, unfair but apparently impossible to rebut. Continue reading →

The Real Legal Ethics Conundrums In “Bridge of Spies”

/ Jack Marshall / 6 Comments

bridge-of-spies

Quite a few readers have written that they would enjoy some of the problems I present in my seminars on legal ethics. I try to please, so here are some difficult legal ethics issues that arose in the screenplay of last year’s Oscar-nominated film “Bridge of Spies.”

I wrote about the film earlier this year, here.

The film tells the true story of Jim Donovan, an insurance lawyer who is recruited, in 1957, by his New York bar association to take on the representation of the accused Soviet spy Rudolf Abel, a job that we see Donovan not only do bravely and competently, but one that he takes all the way to the Supreme Court. He loses, and Abel goes to prison.

Legal ethics points:

  • That ends the representation, and Abel is no longer Donovan’s client, but a former client.
  • Lawyers still have duties to former clients: they must keep all of the confidences learned during the representation and after, and not use these against the interests of the ex-client, or reveal them ever, even after the ex-client is dead and buried, except under rare circumstances.
  • A lawyer is also not allowed to become adverse to the interests of a former client in a substantially related matter to the one he (or she) handled for the client.

Because when representing Abel, Donovan had argued against executing the spy on the grounds that he might a useful  bargaining chip if an American was captured by the Russians—an argument he made to save Abel’s life, not to provide unsolicited advice to the government—the capture of U2 pilot Gary Powers after he was shot down in a spy plane makes the lawyer a candidate to make his own scenario come true. An East German official sends Donovan a letter claiming to be able to broker an exchange of Powers for Abel. When the CIA learns about the letter, they ask Donovan to go to East German and negotiate the deal. Continue reading →

“Ick” Or Unethical: The NBA Decides To Let Its Players Be Human Billboards

/ Jack Marshall / 9 Comments
Classy. I can't wait.

Classy. I can’t wait.

News Item, from ESPN:

The NBA announced… that the board of governors has approved a three-year pilot program to allow teams to sell a corporate logo on their jerseys.

Teams can now start pitching companies on buying a 2.5-inch-by-2.5-inch space as the NBA becomes the first of the four major U.S. sports leagues to put ads on regular game-day jerseys. In an era when virtually every facet of the sports experience is advertised or sponsored, the uniform had been the last ad-free haven.

The first season of the program will be in 2017-18…

“It’s my hope, independent of whatever additional revenues are generated through this patch program, that the greatest impact will be in this amplifying effect of companies choosing to associate directly with a team jersey, then going out and promoting that relationship to the largest market,” NBA commissioner Adam Silver said.

Silver said the league had calculated that the program will be worth about $100 million a year.

Well, ick.

It’s not bad enough that a city’s sports teams have to play in arenas and stadiums named after pet food retailers, banks, car insurance companies and fraudulent corporations rather than local landmarks and community heroes. Now our kids’ heroes will be branded with commerce too…not literally, of course. Not yet.

The NBA has always been the crassest of the major league sports, so the identity of the first league to break one of the last barriers of money-grubbing indignity was preordained. Most of the NBA’s fans, who already don’t mind that the league corrupts college sports and glorifies men who collect illegitimate children the way normal people collect matchbooks, don’t care, so this was not a hard call for the NBA, I would guess.

It’s gross, but is anything wrong with it? After all, NBA players already accept money to put their names on products. It isn’t as if they have an aura of purity about them, and their obvious venality pales in the shadow of game-winning three-pointers and spectacular dunks. What ethical principle is being violated by the NBA turning its players into walking, jumping, shooting billboards? Continue reading →

The First Thing We Do, Let’s Slime All The Lawyers…

/ Jack Marshall / 27 Comments

the-blob-88

In election years I tell all my legal ethics seminar classes to start teaching their non-lawyer neighbors and relatives ABA Model Rule 1.2 b, which reads,

(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

This, combined with the principle of zealous representation of one’s client, as expressed, for example, in D.C. Rule of Professional Conduct Rule 1.3…

(a) A lawyer shall represent a client zealously and diligently within the bounds of the law.
(b) A lawyer shall not intentionally:

(1) Fail to seek the lawful objectives of a client through reasonably available means permitted by law and the disciplinary rules; or
(2) Prejudice or damage a client during the course of the professional relationship….

…means that lawyers represent clients, and are bound to seek those clients’ objectives when those objectives are legal whether the lawyer likes or agrees with those objectives or not.

It means that it is ignorant, wrong and dangerous to the rule of law as well as the right of citizens to be the beneficiaries of laws in a democracy and not the servants of them, for unscrupulous political opponents to attack lawyers for the positions, objectives and needs of the clients they represented. It means that it is disgusting for maleducated journalists to misinform the already disturbingly confused public by using a matter that a lawyer-turned-candidate’s client needed legal advocacy for as an excuse to impugn the candidate’s character.

Lawyers do not have to agree with or like their clients’ positions, objectives or character, is that clear? Everybody? Lawyers are not to be held accountable for their client’s motives, conduct or legal objectives. Bill Cosby’s lawyers do not approve of rapists. Johnnie Cochran did not support the hobby of ex-wife knifing.

Yet this happens every election cycle, without fail: cheap shots directed at candidates who are lawyers based on one or more of their unsavory clients.  There are two lawyers left in the current primary competition, and guess what?

You guessed it.

Hillary’s ancient defense of a rapist was used to slime her all the way back in 2014. The unfair attack raised its misshapen and empty head last week on CNN, when a Trump supporter brought it up. What we know about Clinton is that she defended a child rapist she was appointed to represent pro bono in 1975, and did an excellent job. She used all the tactics that she was allowed to use. She attacked the credibility of the twelve-year-old victim, and threw sufficient doubt on the the chain of evidence that Clinton got an advantageous  plea bargain for her client, who served just ten months in prison. Sure, he was guilty, and Hillary knew it.  It was her job to make the prosecution prove its case with sufficient evidence, and they failed. The victim, we are told, has had a hard life because of the experience. That is not in any way Clinton’s fault or responsibility.

Now it’s on to Ted Cruz. Here is Slate’s click-bait, misleading, deceitful headline to further the “Ted Cruz is a some kind of sexually repressed weirdo” trope the left-biased media is peddling: Continue reading →

George Stephanopoulos Grills Hillary

/ Jack Marshall / 3 Comments
"Hi, Hillary! Gosh, it's good to see you!"

“Hi, Hillary! Gosh, it’s good to see you!”

On ABC’s Sunday morning talking heads show, Hillary Clinton is being interviewed right now “one on one” by former Clinton machine insider George Stephanopoulos. This is, as I have pointed out before without rebuttal because there is no rebuttal, a grotesque example of unethical journalism, a screamingly obvious conflict of interest, and an insult to ABC’s viewers.

I resolved not to watch this inevitable loogie in the eye of respectable and fair campaign coverage, because until viewers refuse to be treated with such contempt, news departments will continue to be contemptuous. Some strange impulse forced me to light on ABC for exactly 23 seconds, and I got to hear Hillary go through the same focus group-tested talking points, rationalizations and lies she has been using to defend her e-mail machinations for a year—“Colin Powell did it too,” “national security wasn’t endangered,” “it wasn’t the best choice,” etc.—and to thank the President for compromising the integrity of the investigation while he was saying that he wouldn’t compromise the integrity of the investigation. There was enough ammunition in that single snippet to give any competent and objective interviewer an opening to expose her deceit for all to see. George’s response, delivered with a benevolent smile and the dreamy gaze of a true blue admirer…

“So, are you confident about this Tuesday?”

Res ipsa loquitur.

 

“What Responsibility Does Facebook Have To Help Prevent President Trump in 2017?”

/ Jack Marshall / 8 Comments

Facebook qThis was one of the questions asked of Facebook employees in advance of a Mark Zuckerberg Q and A session in March; every week, the employees vote in an internal poll on what they want  Facebook CEO Zuckerberg to talk about. This week,  Zuckerberg openly criticized many of  Donald Trump’s various blatherings  during the keynote speech of the company’s annual F8 developer conference:

“I hear fearful voices calling for building walls and distancing people they label as ‘others.” I hear them calling for blocking free expression, for slowing immigration, for reducing trade, and in some cases, even for cutting access to the internet.”

This is his right, as much as any pundit, rock singer or blogger. Zuckerberg’s political positions on anything shouldn’t have any more influence than those of the guy next to you at the sports bar, because nothing about Zuckerberg indicates that he has any more expertise about national policy than Donald Trump.

Ethically,  every American has an individual ethical responsibility to prevent Donald Trump from becoming President, which means that everybody has a responsibility to keep him from being nominated. Do ponder that when you hear some of the worst of the Democrats and progressive biased journalists claiming that Trump cannot be fairly and democratically be denied the Republican nomination. They are either fools who assume that Hillary Clinton, who has proven herself capable of beating herself in any race, will waltz to the White House over Trump no matter what occurs in the chaotic future to come, or despicable Machiavellians who would knowingly roll the dice with the future of the country and the culture just to raise the odds of a Clinton presidency, itself a horrible prospect.

Facebook, however, is a communications medium that facilitates conversation, organization and the distribution of information among users. It does so under the illusion that users are in control of the process, but of course it is Facebook puling the strings. Facebook could definitely manipulate its service to undermine Trump. Gizmodo notes… Continue reading →

Comment Of The Day: “Update: This Is The Student’s Controversial Essay Emulating The Satire Of Swift’s ‘A Modest Proposal'”

/ Jack Marshall / 68 Comments

Grading

The indefatigable Charles Green delivered a tough critique of Connor Poole’s essay fulfilling the requirement of an assignment asking  high school students to emulate the satire in Jonathan Swift’s “A Modest Proposal,” and similarly propose an outrageous solution to a contemporary social problem. There are really two issues here, and Charles only deals with one: I believe Connor’s paper was an excellent attempt at Swiftian satire, especially for a high school student, and this is Charles counterpoint to that position. He does not, as far as I can perceive, try to justify the school, North County High School, turning the essay into a controversy and Connor into a pariah.

Good. That, which is the primary ethics issue, is beyond rational dispute. What the school and community are doing to Connor is the equivalent of ordering a kid to juggle flaming torches, and then attacking him when something gets scorched.

Here is Charles’ Comment of the Day on the post, Update: This Is The Student’s Controversial Essay Emulating The Satire Of Swift’s “A Modest Proposal”.

I’ll be back at the end.

Here is what I think Poole’s teacher should have written to him in response to his essay:

Connor, I’m giving you a grade of C+ on this paper. Here’s why.

Continue reading →

Pop Ethics Quiz: Is This Hypocrisy?

/ Jack Marshall / 14 Comments
"Do as I said, not how I wished they would have done before I said it, and definitely not to me now. Got that?"

“Do as I said, not how I wished they would have done before I said it, and definitely not to me now. Got that?”

In 2003, Dennis Hastert, then Speaker of the House and as yet unmasked as a child molester in his days as a High School wrestling coach,  said

“But it is equally important to stop those predators before they strike, to put repeat child molesters into jail for the rest of their lives and to help law enforcement with the tools they need to get the job done.”

The news media has labeled this statement hypocrisy. Is it?

It is not.

Hypocrisy is a statement of moral or ethical standards that an individual proves by his own actions that he does not believe. The actions that supposedly mark Hastert as a hypocrite had already taken place when he made that statement in 2003. There is no reason to assume that he did not believe that sexual predators should be stopped and prevented from doing harm to others, even though he had been one, and indeed even if he was still inclined to molest young men in 2003.

This is another version of the flawed argument that a parent who smoked pot as a youth cannot credibly demand that his or her own child not do the same. What makes a hypocritical statement is insincerity and pretense at the time it is made, demonstrated by conduct in close temporal proximity to that statement. Continue reading →