Business & Commercial

Glenn Beck vs. Teddy Roosevelt? No Contest!

/ Jack Marshall / 27 Comments

Listening to Glenn Beck disparage Theodore Roosevelt is a little like listening to Ed Wood, auteur of the deathless classic, “Plan Nine From Outer Space,” condemning John Ford as an unimaginative hack.

At his uproariously received speech at the Conservative Political Action Conference, Beck, the libertarian talk-show host, flamboyant TV showman on Fox and current Tea Party hero effectively racked up cheap applause by pulling a quote out of Teddy’s “New Nationalism” speech and deriding it. Beck didn’t analyze and critique the speech, of course, because that would have required a discipline of scholarship and a rigor of intellect that he simply does not possess. He simply quoted this section… Continue reading →

Tiger Woods’ Mother in the Ethics Rough

/ Jack Marshall / 18 Comments

“You know what? I’m so proud to be his mother. Period. This thing, it teaches him, just like golf. When he changes a swing… he wants to get better… He will start getting better… it’s just like that. Golf is just like life, when you make a mistake, you learn from your mistake and move on stronger. That’s the way he is. As a human being everyone has faults, makes mistakes and sins. We all do. But, we move on when we make a mistake and learn from it. I am upset the way media treated him like he’s a criminal…he didn’t kill anybody, he didn’t do anything illegal… They’ve being carrying on from thanksgiving until now, that’s not right! People don’t understand that Tiger has a very good heart and soul. Sometimes I think there is a complete double standard… He tried to improve himself. The tabloids and newspapers just killed him, held him back.. To me it looked like a double standard…When you make a mistake you learn from it and move on, that’s the way life is, that’s a human being. We’re not God, and he never claimed he was God. If anyone tells me to condemn him, I say look at yourself first.. .. I would … look in their eyes and tell them you’re not God!  This thing is a family matter… It’s not easy to be him. … (People) go to work 8 to 5 and go home to have a life with the family. Tiger can’t do that.”

—————Katilda Woods, Tiger’s mother, in remarks to the press following Woods’ statement and apology today, his first public appearance since a series of revelations about his multiple affairs.

Where to begin? I’m glad Mrs. Woods is proud of her son. That’s what mothers are for, in times like these. If only she had stopped there, before she plunged deep into the ethics rough. For example, I think Tiger’s been swinging enough, don’t you?

But Mrs. Woods decided to promote three of my least favorite rationalizations for terrible conduct, and then added one I had neglected.  Now that she mentions it, however, I hate that one too. Continue reading →

An Unethical Ethics Conference

/ Jack Marshall / 5 Comments

The Fourth International Legal Ethics Conference at Stanford Law School has lined up  over 100 speakers. It is giving them no honorarium, hotel, meals or travel expenses, and despite the fact that they are providing the content and attraction for the event, the Conference still requires them to pay  registration fee of $350. Stanford is also charging its students a registration fee to attend, generously reduced to “only” $250.  But the conference can afford to be so generous, because it will also be getting registration fees from lawyers who are required to fulfill bar-mandated Continuing Legal Education requirements.

I have argued, and behavioral science suggests, that thinking about ethics helps one’s ethics alarms work well and often. The Stanford Conference suggests that either this is not as certain as I believed, or that the people running the ethics conference don’t actually think about ethics, which, if true, adds fraud to their list of ethical outrages.

The unfair and irresponsible requirements of the Stanford event has prompted least one prominent legal ethicist, Prof Monroe Freedman, to abandon plans to attend, saying, “I’m a card-carrying capitalist, but this kind of exploitation in the name of ethics could turn me into a Marxist, or a cynic.”

We should be concerned about a culture whose those in the ethics business are increasingly unethical. The sad lesson seems to be that when there is a conflict between commerce and ethics, commerce wins.

The Citizens United Opinion and the Post’s Unethical Poll

/ Jack Marshall / 3 Comments

Is the Washington Post story on  the Citizens United v. FEC Supreme Court opinion and the public’s reaction to it  dishonest, sinister, or just incompetent? I’m not sure, but I am sure of this: it is a classic example of why polls are a terrible way to guide national policy and lawmaking. The Post article begins…

“Americans of both parties overwhelmingly oppose a Supreme Court ruling that allows corporations and unions to spend as much as they want on political campaigns, and most favor new limits on such spending, according to a new Washington Post-ABC News poll.”

The statement is false and misleading. Whatever the merits or deficiencies of the Citizens decision may be, the vast majority of the American public has no idea what the Supreme Court ruling was, or why it was made. Continue reading →

Trust, Redemption, and Bank-robbing Lawyers

/ Jack Marshall / 3 Comments

The story of Shon Hopwood is certainly an inspiring one…so far. While serving more than a decade in federal prison for a series of armed robberies, his time in the prison law library turned him into an expert in case law, and he pulled off a rare feat: a petition for certiori he prepared on behalf of a fellow prisoner successfully persuaded the U.S. Supreme Court to review the case. Now Hopwood is out of prison, and is turning his life around. He has been working as a paralegal, he now has a family, and at 34, he plans to apply to law school.

It is likely that a law school will admit him, but not at all certain that any state bar would give him a license. Can a former bank robber pass the profession’s character requirement? Should he, no matter how good he is at writing Supreme Court briefs? Continue reading →

The Doritos Super Bowl Commercial

/ Jack Marshall / 4 Comments

So obsessed was I with the Tebow Super Bowl ad that I temporarily forgot that there usually are one or more product ads that inflame the culture wars.  Sure enough, this time there were two: Audi’s “Green Police” commercial, which has political implications but no ethical ones that I can see, and the Doritos ad, chosen by post-game polls as one of the best and most popular. That one did raise some ethical issues, recently collected by conservative columnist and radio host Dennis Prager.

The spot begins with an attractive woman greeting a date at the door, and asking him inside as she gets ready to leave. She has a young son, four or five years of age, who is snacking on a bowl of Doritos. We ( and the child) see the male date’s face express some combination of excitement, lust and pleasure at the sight of the woman’s comely derriere as she walks into her bedroom. He then sits on the sofa, smiles at the boy, attempts to make pleasantries, and starts to munch on a Dorito. The child sternly slaps the man across the face, and says to him, menacingly, “Put it back,” referring to afore-mentioned Dorito chip. “Keep your hands off my mama…keep your hands off my Doritos,” he continues to the shocked date, getting nose to nose with him in the process. All the actors in the spot are African Americans.

Television commercials can be culturally damaging and irresponsible if they appear to approve, encourage, or endorse wrongful behavior and attitudes. Was this such an ad? Prager thinks so. Let’s examine his objections individually: Continue reading →

Futile Ethics Lessons From the Luge

/ Jack Marshall / 5 Comments

Long before Luger Nodar Kumaritashvili of the Republic of Georgia crashed and died on a training run there, Vancouver’s Whistler Sliding Centre, now the site of the Olympics luge, bobsled and skeleton competitions, had been the target of complaints, warnings and controversy regarding its safety. After the first international training event at Whistler in November 2008, the president of the luge governing body openly expressed worries over the speed of the track. Since then, there have been sufficient accidents on the track, not only in the luge, but also bobsled and skeleton races, that the fatal accident there could not fairly be called “a surprise.”  Just a  day before the Georgian was killed, United States luger Mark Grimmette was quoted as being concerned about the course’s speed, saying, “I think we’re probably getting close, too close, to the edge.” Later the same day, a Romanian luge racer was knocked unconscious during his training run. The frequency of crashes during the training runs last week were far above the norm.

Nevertheless, Olympic and luge officials chose not to make changes to the course that would limit the speeds in excess of 90 miles per hour that luge, bobsled and skeleton competitors were reaching, speeds beyond what they were used to, or had trained to handle.

And yet… Continue reading →

One More Reason to Distrust Banks

/ Jack Marshall / 2 Comments

National Public Radio did a feature on foreclosure auctions, following one real estate investor as he sought a bargain at an auction in Boston. The auction held a surprise for the investor, the reporter, and me. After the young man who was being followed by the NPR correspondent won a lively bidding battle for a $300,000 house at the bargain price of $84,000, the bank refused to sell it to him. The reason: the auction was a “reserve” auction rather than an “absolute” auction, meaning that there was an unpublished price at which the bank would sell the property, but winning bids below that amount could be rejected. The investor was angry. The NPR reporter was confused.

The auction was rigged. Continue reading →

Stats, Polar Bears, and “Truth by Repetition”

/ Jack Marshall / 6 Comments

When I did marketing for a company that created annuities for the recipients of large court damages, I was armed with alarming statistics I had gleaned from the annuity industry’s publications.  Half of the recipients of large lump sum settlements or damages from personal injury and medical negligence lawsuits had dissipated all of the funds (usually calculated to last a lifetime) within two years or less. More than 75% had blown through all the cash, often millions of dollars, within five years. These figures were accepted as fact everywhere,  and we used them profitably to persuade plaintiffs, lawyers and courts to approve annuity arrangements that would parcel out the funds over the years, keeping the money safe from needy relatives and spending sprees. Then, one day, I decided to track down the studies that were the sources of the statistics I was using.

There weren’t any. I discovered a circular trail, with various sources quoting each other. Continue reading →

The Not-So-Baffling Mystery of the Missing Ethics Rule

/ Jack Marshall / Leave a comment

ABA  Model Rule 7.6: Political Contributions To Obtain Legal Engagements Or Appointments By Judges
A lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.

That’s pretty clear, is it not? The American Bar Association, in its Model Rules of Professional Conduct, now followed (in various, eccentric forms, to be sure) by 49 states, the District of Columbia and Puerto Rico, emphatically declares that “pay-to-play” arrangements are unethical for lawyers even in states where the sleazy practice might be legal. “Pay-to play” is, after all, classic corruption, older than Mayor Curley, Richard Daley, Boss Tweed and Mister Potter. Lawyers contribute big bucks to the campaign funds of state and local powerbrokers, including Attorneys General and judges, and get big state contracts in return. It is indefensible ethically, although you can find plenty of people who will defend it, their tongues crossed tightly behind their backs all the while. Continue reading →