Character

Note To Dr. Vesna Roi: Homophobes Can’t Be Doctors….Ethical Ones, Anyway

/ Jack Marshall / 68 Comments
First, do no harm. Second, don't be a gratuitously cruel asshole.

First, do no harm. Second, don’t be a gratuitously cruel asshole.

Jami and Krista Contreras waited in the exam room for their newborn child’s first checkup. Then they were informed that the doctor they had asked to see had decided, after “much prayer,” that she could not treat the baby because its parents are lesbians.

Presumably the doctor,Vesna Roi, does not habitually require her patients’ parents to fill out a questionnaire to prove the are sufficiently morally worthy to have their infant receive medical care. Nonetheless, so vile does she consider this couple that she feels it is the Lord’s will that she withhold her services from the innocent child they have undertaken to love and raise.

I probably do not need to tell you, and I certainly should not have to remind “Dr”–and I use the title advisedly–Roi that this cruel and hateful conduct is a flaming breach of medical ethics, though no rules should be necessary to persuade a medical professional to have a heart and a soul. Continue reading →

A Presidents Day Celebration (PART 4 and Final): The Wild, Wild Ride From FDR to W.

/ Jack Marshall / 39 Comments

smiling-presidents

All of the Presidents (except FDR) in this last section were alive and kicking while I was, and so to me they are both more real and less fascinating to some extent. Familiarity breeds, if not contempt, a tendency not to idealize. These leaders are no more flawed than their predecessors, they just seem that way thanks to mass media.

Franklin D. Roosevelt

Franklin Roosevelt

Three terms plus, a World War, a Depression, a transformative Presidency and an epic life spent in public service: FDR is another President who can’t be summed up in an anecdote, one book, or a hundred. He accomplished enough great things to be a deserving icon; he committed enough wrongs to be judged a villain. (He was pretty clearly a sociopath, but a lot of great leaders are, including a fair proportion of ours, including some of the best.) The only completely unfair verdict on this Roosevelt is not to acknowledge the importance and complexity of his life. Here are some of my favorite items about him:

  • FDR wrote down a plan when he was still in school outlining the best way for him to become President. The plan was essentially to follow his distant cousin Theodore’s career steps: Harvard, Assistant Secretary of the Navy, Governor of New York, Vice-Presidential candidate, and President. (He skipped “Rough Rider.”) Amazingly, he followed it, and it worked.
  • Conventional wisdom holds that FDR’s polio transformed his character, and that without that crisis and challenge he would have been content to be a rich dilettante. I doubt it, but there is no question that he fits the Presidential survivor template, and that his ordeal made him stronger, more formidable and more determined.
  • Many Presidents had strong mothers, especially, for some reason, many of our Chief Executives from Roosevelt to Obama. Franklin’s mom, however, wins the prize. It’s amazing Eleanor didn’t murder her. But Mrs. Roosevelt is why Eleanor was there in the first place: all of our Presidents raised by strong mothers married very strong wives.
  • If a computer program were designed to create the perfect American leader, it would give us FDR. He was the complete package; his charisma, charm and power radiate from recordings and films that are 90 years old. That smile! That chin! That head! That voice! He is one of the very few Presidents who would be just as  popular and effective today as the era in which he lived.
  • And just as dangerous. FDR is also a template for an American dictator, which, I believe, he would have been perfectly willing to be. It’s no coincidence that Franklin was the only President to break Washington’s wise tradition of leaving office after two terms.
  • Political and philosophical arguments aside, at least four of Roosevelt actions as President were horrific, and would sink the reputation of most leaders: 1) Imprisoning Japanese-Americans (and German-Americans, too); 2) Ignoring the plight of European Jews as long as he did, when it should have been clear what was going on; 3) Handing over Eastern Europe to Stalin, and 4) Knowing how sick he was, giving little thought or care to who his running mate was in 1944.
  • Balancing all that, indeed outweighing it, is the fact that the United States of America and quite possibly the free world might not exist today if this unique and gifted leader were not on the scene. Three times in our history, the nation’s existence depended on not just good leadership, but extraordinary leadership, and all three times, the leader we needed emerged: Washington, Lincoln, and Franklin. I wouldn’t count on us being that lucky again.

I left the bulk of reflection about the character and leadership style of Theodore Roosevelt to one of Teddy’s own speeches to embody, and I’ll do the same for his protege.

On September 23, 1932, New York Governor Franklin D. Roosevelt gave a speech at Manhattan’s Commonwealth Club. (Everyone, conservative, liberal or moderate, should read it….here.) It was a defining statement of progressive principles and modern liberalism, redefining core American values according to the perceived needs of a changing nation and culture.  It is a radical speech, and would be regarded as radical by many today, even after much of what Roosevelt argued was reflected in the policies of the New Deal.

After sketching the origins and progress of the nation to the present, he flatly stated that the Founders’ assumptions no longer applied:

A glance at the situation today only too clearly indicates that equality of opportunity as we have know it no longer exists. Our industrial plant is built; the problem just now is whether under existing conditions it is not overbuilt. Our last frontier has long since been reached, and there is practically no more free land. More than half of our people do not live on the farms or on lands and cannot derive a living by cultivating their own property. There is no safety valve in the form of a Western prairie to which those thrown out of work by the Eastern economic machines can go for a new start. We are not able to invite the immigration from Europe to share our endless plenty. We are now providing a drab living for our own people….

Just as freedom to farm has ceased, so also the opportunity in business has narrowed. It still is true that men can start small enterprises, trusting to native shrewdness and ability to keep abreast of competitors; but area after area has been preempted altogether by the great corporations, and even in the fields which still have no great concerns, the small man starts with a handicap. The unfeeling statistics of the past three decades show that the independent business man is running a losing race. Perhaps he is forced to the wall; perhaps he cannot command credit; perhaps he is “squeezed out,” in Mr. Wilson’s words, by highly organized corporate competitors, as your corner grocery man can tell you.

Recently a careful study was made of the concentration of business in the United States. It showed that our economic life was dominated by some six hundred odd corporations who controlled two-thirds of American industry. Ten million small business men divided the other third. More striking still, it appeared that if the process of concentration goes on at the same rate, at the end of another century we shall have all American industry controlled by a dozen corporations, and run by perhaps a hundred men. Put plainly, we are steering a steady course toward economic oligarchy, if we are not there already.

Clearly, all this calls for a re-appraisal of values.

So Franklin Roosevelt re-appraised them: Continue reading →

Life Imitates Saul

/ Jack Marshall / 22 Comments

Lawyer Billboard

 The billboard ad of North Carolina lawyer Larry Archie has drawn a lot of attention in the state and on legal ethics forums.

Some observations:

1. I was a little late seeing “Breaking Bad” ( I tend to avoid show with drug dealers as heroes) so I didn’t see the obvious connection between the popular AMC show’s cynical, unethical and effective slime-ball lawyer Saul Goodman, played by Bob Odenkirk, and last year’s jaw-dropping—but funny!—video ad for the services of Pittsburgh criminal lawyer Daniel Muessig.

2. This is why we ignore popular culture at our peril….and I think the legal profession needs to stop laughing and start worrying. People really do think Saul who is a criminal lawyer, is typical, and bar associations are doing very little to dissuade them. This is irresponsible, dangerous, and stupid. The profession has a duty to educate the public about how lawyers are supposed to act and why, and if it whiffs on that obligation (as it has for about the last hundred years) public respect for the justice system will continue to drop. Continue reading →

A Presidents Day Celebration (PART 3): When The Going Got Tough

/ Jack Marshall / 49 Comments

 presidents.

The Presidents really get interesting now, as a political leadership culture in the U.S. matures, the stakes of failure become greater, and technology, labor upheaval, expanding big business and greater influence on world affairs transforms the Presidency into truly the toughest job on earth.

Grover Cleveland

grover

Another one of my favorites, Cleveland was known for telling the truth ( he as called “Grover the Good”), but he participated in one of the most elaborate deceptions in Presidential history.

As explained in historian Matthew Algeo’s 2011 book, “The President Is a Sick Man,”  President Cleveland noticed an odd bump on the roof of his mouth in the summer of 1893, shortly after he took office for the second time. (Cleveland is the only President with split terms, the hapless Republican Benjamin Harrison winning an electoral college victory that gave him four years as the bland filling in a Cleveland sandwich.) The bump was diagnosed as a life-threatening malignant tumor, and the remedy was removal. Cleveland believed that news of his diagnosis would send Wall Street and the country  into a panic at a time when the economy was sliding into a depression anyway, and agreed to an ambitious and dangerous plan to have the surgery done in secret. The plan was for the President to announce he was taking a friend’s yacht on a four-day fishing trip from New York to his summer home in Cape Cod. Unknown to the press and the public was that the yacht had been transformed into a floating operating room, and a team of six surgeons were assembled and waiting.

The 90 minute procedure employed ether as the anesthesia, and the doctors removed the tumor, five teeth and a large part of the President’s upper left jawbone, all at sea. They also managed to extract the tumor through the President’s mouth while leaving no visible scar and without altering Cleveland’s walrus mustache. Talking on NPR in 2011, historian said,

“I talked to a couple of oral surgeons researching the book, and they still marvel at this operation: that they were able to do this on a moving boat; that they did it very quickly. A similar operation today would take several hours; they did it in 90 minutes.”

But the operation was a success. An artificial partial upper jaw made of rubber was installed to replace the missing bone, and Cleveland, who had the constitution of a moose, reappeared after four days looking hardy and most incredible of all, able to speak as clearly as ever. How did he heal so fast? Why wasn’t his speech effected? He endures doctors cutting out a large chuck of his mouth using 19th century surgical techniques and is back on the job in less than a week? No wonder nobody suspected the truth.

Then, two months later, Philadelphia Press reporter E.J. Edwards published a story about the surgery, thanks to one of the doctors anonymously breaching doctor-patient confidentiality. Cleveland, who in his first campaign for the White House had dealt with Republican accusations that he had fathered an illegitimate child by publicly admitting it, flatly denied Edwards’ story, and his aides  launched a campaign to discredit the reporter. Grover the Good never lies, thought the public, so Edwards ended up where Brian Williams is now. His career and credibility were ruined.

Nobody outside of the participants knew about the operation and the President’s fake jaw until twenty-four years later, after all the other principals were dead except three witnesses.  One of the surgeons decided to  publish an article to prove that E.J. Edwards had been telling the truth after all.

This is a great ethics problem. Was it ethical for Cleveland to keep his health issues from the public? In this case, yes, I’d say so. Was it unethical for the doctor to break his ethical duty? Of course. Was Edwards ethical to report the story? Sure.

The tough question is: Was Cleveland ethical to deny the story and undermine the reporter’s credibility? I think it was a valid utilitarian move, and barely ethical: it was better for the nation to distrust one reporter than the President, especially when his secret was one he responsibly withheld, and his doctor unethically revealed. Continue reading →

Unethical Quote of the Month: Talking Points Memo Blogger Alana Levinson

/ Jack Marshall / 17 Comments

Biden Harassment

Now I’m wondering whether I’m a “bad liberal” to call him out. That means aligning myself with conservatives who love crying “double standard” on issues like this, not because they actually care about feminism, but to push their liberal media bias agenda.

—–Alana Levinson writing at Talking Points Memo about Joe Biden’s blatant “creepy uncle” sexual harassment at public events, and the news media’s failure to condemn it.

Wait, what?

Is this some kind of weird mutation of logic that only liberals and journalists understand, like the unique language identical twins make up for themselves?

Alana makes a strong case–it’s not hard to make, however—that Vice-President Biden routinely, publicly and shamelessly engages in the exact same conduct that gets employees and executives warned, sued and fired all over America as feminists cheer (as well as non-feminists with a brain, because the employees and executives should be warned, sued and fired).  It’s called “abusing power and position to cop a feel.” Then she writes the quote above, which I don’t understand at all:

Sexual harassment is unethical, disrespectful of women, and illegal.

Liberals have been at the forefront, to their credit, of making this recognition a cultural sea change.

The Vice President of the United States regularly undermines this signature liberal and feminist achievement by flaunting his cluelessness and archaic sexism at public events, either because he’s not paying attention to his own party’s rhetoric (scary) or because he knows he can get away with it (disgusting).

So she’s being a bad liberal if she points out that this is wrong and needs to stop forthwith, and a good liberal to allow it continue, allow the Vice President to act as if women (and, ick, little girls)…

Biden grope2

…are his personal fondle-toys while they silently endure public humiliation and silent discomfort? Continue reading →

A Presidents Day Celebration (PART 2): The Good, The Over-matched, And Then There’s Abe

/ Jack Marshall / 19 Comments

presseal

The Presidents between #7, Jackson, and #16, Lincoln, are almost entirely unknown to most of the public: not one in a hundred can name them all, and of those almost none can name them in order. Eight one-term Presidents, all trying to stave off the civil war in various ways, and all failing that mission.

I will never understand why learning the Presidents in order isn’t a standard requirement in the public schools. It’s not hard; it is a useful tool in placing events in American history, and it prevents embarrassments like the Cornell law grad I once worked with who couldn’t place the Civil War in the right century. Besides, we’re Americans, damn it. The least we owe the 43 patriots who have tried to do this job, some at the cost of their lives, many their health, and many more their popularity, is their place in our history and their names.

On with hailing the Chiefs with some of my favorite facts about them:

James K. Polk

“Hail to the Chief,” which had been sporadically in use since Madison’s day, became the official anthem of the office during the Polk Administration. Polk was a small, unimpressive man, and it was said that he needed the musical announcement when he entered a room or no one would notice him. Looks can be deceiving. James K. Polk was as wily, tough and as ruthless as they come. One reason may be that he was another Presidential survivor of an ordeal that would kill most people: as a teenager, he underwent a bloody frontier operation for gallstones with no anesthesia, tied to a table, biting on a rag.

Zachary Taylor

zachary-taylor

General Taylor, who was pursued by both the Whigs and the Democrats who both wanted to nominate him for President, was a great experiment  He was not a member of any political party, had never held public office prior  to becoming President, and had never even voted before becoming Chief Executive. He was also nearly illiterate. We often long for an apolitical President, a true, rather than a pretend, “outsider.” Taylor would have been an interesting test case, though the pre-Civil War political and social chaos was hardly the most promising period to try out the theory. Unfortunately he died of cholera less than half-way into his administration.

And he wasn’t even elected in a year ending in a zero! Continue reading →

A Presidents Day Celebration (PART 1): I Love These Guys, I Really Do. Yes, Every One Of Them.

/ Jack Marshall / 11 Comments

Hall of the Presidents

I have a lifetime love affair with the Presidents of the United States.

I love these guys, every one of them. The best of them are among the most skilled and courageous leaders in world history; the least of them took more risks and sacrificed more for their country than any of us ever can or will, including me. Every one of our Presidents, whatever their blunders, flaws and bad choices, was a remarkable and an accomplished human being, and exemplified the people he led in important ways. Every one of them accepted not only the burden of leadership, but the almost unbearable burden of leading the most dynamic, ambitious, confusing, cantankerous and often unappreciative nation that has ever existed. I respect that and honor it.

I have been a President junkie since I was eight years old. It’s Robert Ripley’s fault. My father bought an old, dog-eared paperback in the “Believe it or Not!” series and gave it to me. It was published in 1948. One of Ripley’s entries was about the “Presidents Curse”: every U.S. President elected in a year ending with a zero since 1840 (William Henry Harrison) had died in office, and only one President who had dies in office, Zachary Taylor, hadn’t been elected in such a year. The cartoon featured a creep chart—I still have it—listing the names of the dead Presidents, the years they were elected, and the year 1960 with ???? next to it. When Jack Kennedy, the youngest President ever elected, won the office in 1960, my Dad, who by that time was sick of me reminding him of the uncanny pattern, said, “Well, son, so much for Ripley’s curse!”

You know what happened. (John Hinckley almost kept the curse going, but Ronald Reagan, elected in 1980, finally broke it.) That year I became obsessed with Presidential history, devising a lecture that gave an overview of the men and their significance in order. My teacher allowed me to inflict it on my classmates.  Much later, Presidential leadership and character was the topic of my honors thesis in college. When I finally got a chance to go to Disneyland, the first place I went was the Hall of Presidents. When the recorded announcer said, “Ladies and Gentlemen, the Presidents of the United States!” and the red curtain parted to show the audio-animatrons of all of them together, it was one of the biggest thrills of my life.

Today I will honor our past Presidents with some of my favorite facts about each of them, trying hard not to get carried away. Is it ethics? It’s leadership, which has always been the dominant sub-topic here, but yes, it’s ethics.  I know I’m hard on our Presidents, as I think we all should be: supportive, loyal, but demanding and critical. I am also, however, cognizant of how much they give to the country and their shared determination to do what they think, rightly or wrongly, is in the country’s best long-term interests. File this post under respect, fairness, gratitude, and especially citizenship. And now…

“Ladies and Gentlemen, the Presidents of the United States!“

Continue reading →

Now THIS Is An Ad Hominem Attack! or “Boy, Is Howard Dean An Ass, or What?”

/ Jack Marshall / 3 Comments

“True, Harry didn’t go to college, but he’s a Democrat.”

People commenting on Ethics Alarms constantly accuse me of making ad hominem attacks, when what they mean to say is “You’re name-calling.” I’ll cop to name-calling. It’s can be a bad habit, but it has its uses, best illustrated when President Ronald Reagan referred to the Soviet Union as an “evil empire.” The description was true, and it immediately focused values-based criticism on a government and culture that needed it and deserved it.

Ad hominem, in contrast, is a logical fallacy in which one attempts to counter a substantive argument by attacking the character or other aspects of the advocate that can’t possibly have any bearing on the argument’s validity. For example, “you’re uglier than a pug” does nothing to disprove the substance of your adversary’s position, even if he is. Similarly, Bill Cosby has argued, even before 34 women accused him of raping them, that his advocacy of black community responsibility should not be undermined because of questions about his own rectitude.

There is nothing inherently fallacious, however, about diagnosing the conduct or statements of someone as proof that he or she is a fool, or a liar, or a jerk. It may not be civil, and it may be unfair, but it is not an ad hominem attack. As I have  explained it before, if I say you are an idiot because I think your comments are idiotic, that is a legitimate, if rebuttable assumption. (I may also be using “you are an idiot” as shorthand for “you are talking/sounding/acting like an idiot, and should avoid that.”) If I say you are an idiot, and therefor everything you say must be dismissed and ignored as the rantings of an idiot, that’s an unethical debating technique, ducking the argument by impugning the advocate.

Distinguishing between these very different but similar-appearing phenomenon can be a problem when trying to be fair to someone whose prior statements and conduct have already generated a negative diagnosis, and thus a bias. I have concluded, for example, that Joe Biden is a dolt, that Michele Bachmann is not playing with a full deck; that Sarah Palin is intellectually lazy and irresponsible, that Newt Gingrich is manipulative and untrustworthy, that Bill Maher is a pompous, none-too-bright blowhard and that Howard Dean is a vicious and unscrupulous ideologue. Nonetheless, I have to fight to assess what they say on the basis of merit, not my well-considered assumptions. It’s hard. When an idiot asserts something, is it unreasonable to be more skeptical of the statement than one would if, say, a brilliant, credentialed, unbiased observer said the same thing? (Wow—I can’t think of a single one!) No. And this is why ad hominem attacks, especially coy, subtle, clever ad hominem attacks, work so well in politics.

This brings us to that vicious and unscrupulous ideologue, Howard Dean. Continue reading →

Ethics Quiz: Honoring The Dead and Deadly Team Mate

/ Jack Marshall / 7 Comments

Taveras

When they take the field in Spring Training and for the rest of the 2015 baseball season, the St. Louis Cardinals will be wearing a memorial patch reading “OT” in honor of outfielder Oscar Taveras, the 22-year-old budding star outfielder who died in a car crash in his native Dominican Republic last October. Such mourning patches have become common since 1972, when the Pittsburgh Pirates moved beyond the traditional black armband to a personalized patch following the tragic death of the team’s Hall of Fame outfielder Roberto Clemente in a plane crash, as he was flying humanitarian aid to Nicaragua.

Taveras, however, unlike Clemente, died in an act of reckless stupidity that took not only his own life but that of his 18-year-old girlfriend, Edilia Arvelo, as well. Toxicology tests showed that his blood alcohol level was five times the legal limit before the crash. situation is more complex because toxicology tests showed that his blood alcohol level at the time of his death was five times the legal limit. Moreover, Taveras’, also was killed in the crash. If Taveras had lived and Arvelo alone had died, he would have been prosecuted for manslaughter.

And thus your first Ethics Alarms Baseball Ethics Quiz of 2015 is this:

Is it ethical for the Cardinals to publicly honor Taveras with a uniform patch?

Continue reading →

Why Our Children Will Grow Up To Be Cheats and Liars: The Little League Champs Are Banned For Cheating, And Are Told That They Should Be Proud Anyway

/ Jack Marshall / 21 Comments

Littel League champs

When the Tom Brady/ Bill Belichick/New England Patriots cheating issue was at high pitch [Aside: Notice how we have heard nothing about this at all since the Super Bowl, which the Patriots won. This is why NBC thinks it will get away with not firing Brian Williams…both the news media and the public have the attention span of closed head injury victims, especially when it comes to liars, cheaters and betrayal. They call this phenomenon “America’s belief in redemption.” It is actually is a product of America’s crippling domination by chumps, dolts, suckers….and people who are liars and cheats themselves.], a friend of mine brushed it all off saying, “It’s a game.” Well, children learn a lot about ethics from games, and if they learn that adults think cheating is acceptable (never mind that a billion dollar business is hardly just a “game”), they will cheat in their games, and later in life.

Today we learn that the inspiring 2014 Little League Champions, the Jackie Robinson West team that was the first all-African-American team to win the tournament, has been stripped of all of its wins, including those from its Great Lakes Regional and United States championships. As a result, the United States championship has been awarded to Mountain Ridge Little League from Las Vegas.

A Little League investigation revealed that the Jackie Robinson team, which was supposed to field a team exclusively from the Chicago South Side, secretly used an expanded boundary map. Team officials conspired with neighboring Little League districts  to build what was essentially an all-star team by acquiring players from well beyond the South Side. Continue reading →