Character

The Strange, Conflicted, Unethical Holiday We Call Columbus Day

/ Jack Marshall / 39 Comments
"Yes, it seems like a catastrophe now, but some day creatures called human beings will celebrate this day..."

“Yes, it seems like a catastrophe now, but some day creatures called human beings will celebrate this moment…”

What are we celebrating on Columbus Day, and is it ethical to celebrate it?

When I was a child, I was taught that we were celebrating the life of Cristoforo Columbo, popularly known as Columbus, who was convinced, against the prevailing skeptics of the time, that the Earth was round rather than flat, and in the process of proving his thesis, made the United States of America possible by discovering the New World in 1492. Virtually none of what we were taught about Columbus was true,  so what we thought we were celebrating wasn’t really what we were celebrating. Columbus wasn’t alone in believing the world was round: by 1492, most educated people knew the flat Earth theory was dumb. He blundered into discovering the New World, and by introducing Spain into this rich, virgin and vulnerable territory, he subjected millions of people and generations of them to Spain’s destructive and venal approach to exploration, which was, in simple terms, loot without mercy. The Spanish were like locusts to the Americas; South and Central America are still paying the priced today. Surely we aren’t celebrating Columbus’s complicity in that. Continue reading →

Better Never Than Late: Steve Bartman’s False Exoneration

/ Jack Marshall / 12 Comments

ALCS - Detroit Tigers v Boston Red Sox - Game TwoMy mind is much on the baseball play-offs today, an unavoidable hangover from last night’s amazing and exhilerating Red Sox-Tigers game, in which Boston went from hitless, five runs down and doomed in the 6th inning to miraculously victorious in the 9th thanks to a storybook grand slam by David Ortiz (you can see the immortal end result of that mighty blow in the photo to the left). It is 10 years to the day from when another remarkable play-off game occurred, infamous in Chicago, in which a fly ball foul that wasn’t caught by Cubs outfielder Moises Alou led to a furious rally by the Florida Marlins that resulted in the hapless Cubs being denied a trip to the World Series—the team’s first since 1935— that their fans thought was in the bag. The reason Alou missed the ball, or so the legend goes, was that a clueless Cubs fan wearing earphones reached out and deflected the ball. That fan, Steve Bartman, was awarded instant villain status. It was accompanied by media attacks and death threats, and poor Bartman left the city and may well have joined the witness protection program or jumped into a volcano. Nobody has heard from him in many years.

There is an ethics lesson in what happened to Bartman: one is never truly a bystander, and you have a duty to pay attention to your surroundings and to be ready to act. If you are present, you can make a difference, and might be needed, even it it is only to get out of the way. Call it the Duty of Life Competence.

The following post, however, is not about Bartman as much as it what happened to him, and how someone who could have come to his aid waited five years—too long—to do it. It was first posted on The Ethics Scoreboard in 2008:

Continue reading →

Psychic Found Guilty Of Fraud: Did She Know This Would Happen?

/ Jack Marshall / 19 Comments

gypsy-fortune-teller2Now that the required joke is out of the way, I can more soberly state that the New York conviction of psychic Sylvia Mitchell for larceny and fraud opens up a welter of ethical, legal and religious issues. Law prof-blogger Ann Althouse is troubled by the result, writing,

“In my book, this is entertainment and unconventional psychological therapy. Let the buyer beware. Who’s dumb enough to actually believe this? Should the government endeavor to protect everyone who succumbs to the temptation to blow a few bucks on a fortune teller?”

Clearly not, and that’s where courts and states generally land in this matter, as in the case I wrote on three years ago, Nefredo v. Montgomery County. There the courts ruled (in Maryland) that it was an infringement of free speech for Maryland to ban what is, for most, just an exercise in supernatural entertainment. But the New York case involved a little bit more than that: Mitchell apparently bilked some clients out of significant amounts, getting $27,000 from one in an “exercise in letting go of money,”  $18,000 from another to put in a jar as a way to relieve herself of “negative energy,” and thousands from other clients to purchase “supplies” for various rituals—what does the eye of a newt go for these days?

Admittedly this seems to cross the line from harmless, if stupid, entertainment into preying on the stupid and gullible, but that doesn’t convince Althouse that the conviction, or the prosecution is a legitimate use of government power. She reminds us about the Supreme Court case of U.S. v. Ballard, in which the Court upheld the conviction of a faith healer for fraud. The SCOTUS majority, headed by William O. Douglas, held that if the faith healer didn’t believe in her claimed powers, then she was a fraud, and thus could be prosecuted under the Constitution if she used a claim of false powers to take money from her clients. In a sharp and thought-provoking dissent, Justice Robert Jackson wrote in part… Continue reading →

Ethics Dunce: California

/ Jack Marshall / 34 Comments
Oh, rats. There goes my head again...where's the duct tape?

Oh, rats. There goes my head again…where’s the duct tape?

The reductio ad absurdum of the debate over illegal immigration has reached its apotheosis in California, where Governor Brown actually signed into law a provision allowing illegal immigrants to be awarded licenses to practice law in the state. The law was designed to render moot the case of illegal immigrant Sergio Gomez, who was brought into the country as a child, managed to evade detection and enforcement through law school and the bar exam, and is now fighting to be admitted to the California Bar.

Garcia has said that being able to obtain a law license “is my life’s dream come true. One of two. I’m going for the U.S. citizenship next. I want to be a full part of this country.” Well, why stop at that bizarre sequence? Why not let Mexican citizens first become U.S. lawyers, and then aspire to sneak over the border some day and become U.S. citizens? Continue reading →

Heeeeeeeeeere’s JOHNNY’S BETRAYAL!!!!

/ Jack Marshall / 22 Comments

henry_bushkin_johnny_carson

Lawyers are forbidden by the ethics rules of their profession in every state from divulging the secrets of their clients, their former clients, or even their dead former clients, except in the rare circumstances when doing so will save a life or prevent a crime, and often not even then. Client confidences include all information a lawyer learns about a client in the course of the representation whether or not it is germane to the representation or not, if the client would be embarrassed by the information or would want it to remain secret.

The duty to maintain client confidences goes to the core of the professional relationship between citizens and their lawyers, and any attorney who breaches it not only harms his or her client but undermines trust in the entire profession as well. So sacrosanct is the duty that a Massachusetts court agreed with the Fall River law firm that represented Lizzy Borden in her famous murder trial, when Lizzy’s heirs tried to force it to reveal whether she did, in fact, “give her mother forty whacks” (and her father forty-one) with an ax, that it could not reveal Borden’s secrets even in the interests of history.  The firm, said the court, was quite correct: Miss Borden hired it based on its lawyers’ assurances that her secrets were safe with the firm forever, and to allow otherwise now, even a century after the crime, would betray her trust and undermine the profession’s integrity. The Massachusetts Bar agrees.

So how can it be that Henry Bushkin, for decades the late Johnny Carson’s personal lawyer and thus charged with keeping the secrets of the famously reticent comic’s personal life, is now publishing a tell-all book filled with juicy stories about his conveniently dead client? Continue reading →

Hypocrisy? No. An Absence of Integrity? Absolutely.

/ Jack Marshall / 28 Comments
Whay ever happened to this guy? Boy, we sure could use someone like him about now...

Whay ever happened to this guy? Boy, we sure could use someone like him about now…

As we all know by now, President Obama is refusing the negotiate over raising the debt limit, which, since the House of Representatives refuses to agree to raise the limit without some kind of concessions in spending by Democrats, is raising the  specter of a catastrophic default.

Conservatives have been citing as an example of the President’s hypocrisy the fact that he voted against raising the debt limit in 2006, when Bush was President and the debt owed was just about half what it is today, posing far less of a threat to the nation’s fiscal future. At that time, Senator Obama said this:

“The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. It is a sign that the U.S. government can’t pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies. . . . Continue reading →

Ethics Hero: Sergio Consuegra

/ Jack Marshall / 21 Comments
Hero!

Hero!

The violent confrontation between a group of aggrieved bikers and the driver of a sports utility vehicle (with his family on-board) in Manhattan turned into an ugly incident that left both the driver and one of the cyclists seriously injured.  You can see the disturbing video of the attack—captured on one of the cyclist’s helmetcam—-here. Who precipitated the incident will have to be sorted out in court, but the there is little question that only the intervention of bystanders stopped further injury to the driver and perhaps his family—an inspiring example of witnesses to a wrong stepping in at personal risk to themselves and making a difference. One of the rescuers—there were others, not yet named—was Sergio Consuera. Continue reading →

The Ethics Of Demanding Charity

/ Jack Marshall / 50 Comments
Joanna Leigh

Joanna Leigh

I can not imagine much more heartbreaking plights than that of Boston Marathon bombing victim Joanna Leigh.

By April 14, 2013, Leigh, 39, had a newly minted doctorate in international development, and a promising career as a consultant. On April 15, she was at the finish line of the marathon, waiting for a friend to cross it, when the second of two bombs exploded ten feet from her. She was shielded from the deadly flying metal by other spectators, but still knocked unconscious. When she awoke, there was chaos around her, people screaming, maimed, covered with blood. She helped some injured find help, and then, dazed, walked home. For various reasons, she did not get herself checked out at a hospital until more than a week had passed.

Gradually, however, the symptoms of her injuries began appearing. Soon, it became obvious that the closed head injuries she suffered in the explosion have caused devastating long-term damage to her brain, and it is doubtful that her life will ever be normal again. Today, she says, she has to sleep most of the day. She cannot work or drive, and is easily disoriented, even getting lost on her own block. She has blurred vision, her hearing is impaired and she cannot avoid the constant ringing in her ears. Concentration has become difficult, and the simplest everyday tasks are overwhelming.   Continue reading →

Ethics Quiz: Peter’s Problem

/ Jack Marshall / 49 Comments
40 years from now, would you book Kaitlyn Hunt for your Congressional campaign fundraiser? Should you...if she's become a famous and beloved singer?

40 years from now, would you book Kaitlyn Hunt for your Congressional campaign fundraiser? Should you…if she’s become a famous and beloved singer?

Shelly Stow, an occasional commenter here who blogs provocatively at With Justice For All about the harassment and persecution of former sex offenders, raised the topic of today’s Ethics Quiz. She  posted about the plight of Peter Yarrow, the Peter in Peter, Paul and Mary, now, thanks to cruel mortality, just Peter and Paul. I was not aware of this, but in 1970, when he was 30 and a rather significant star, he had sexual relations with a 14-year-old girl. Shelly is wrong to call this “consensual,” for 14 is statutory rape territory. The law declares that a 14-year girl is a child and not capable of meaningful consent, and fans of  Roman Polanski, Woody Allen and Kaitlyn Hunt notwithstanding, it is quite right. He pled guilty to something less than rape, and served a three-month sentence; he is also, as a result, a registered sex offender. President Jimmy Carter pardoned him in 1981.

Yarrow, as Sixties folk singers tend to be, is a social activist, and is politically active as well. Not for the first time, his child molesting past became an issue recently when he  agreed to sing at a campaign event for Martha Robertson, a Democrat running for Congress in New York against incumbent Republican Tom Reed. A spokesman for the RNC told the media,

“It is absolutely deplorable that Martha Robertson would kick off her congressional campaign by having a convicted sex offender headline her fundraiser. If Robertson’s judgment is so bad that she would even entertain the idea of raising money with a man who molested a 14-year-old girl, she has no business representing the people of the 23rd District of New York in Congress.”

He also said Robertson should cancel the fundraiser and return any money she raised with Yarrow’s support.

Shelly writes,

“What is wrong with this scenario? Our criminal justice system is comprised of one part punishment and one part rehabilitation. The purpose of the punishment is to bring about rehabilitation. Sometimes it works like it is supposed to. Mr. Yarrow committed a crime in 1969. That is over 40 years ago. He served his court ordered punishment, and in light of the fact that there has been no re-offense in over 40 years, I think we are safe in declaring him rehabilitated. Everything worked just like it is supposed to. What then is the problem? Is rehabilitation not good enough for some? Is there some other standard of measure needed?”

This launches the Ethics Alarms Ethics Quiz for this weekend, which I will phrase this way:

Is it unfair for Peter Yarrow to still face criticism, suspicion and condemnation based on his crime of 40 years ago, for which he has been both punished and pardoned?

For this one, I am not at all certain of the answer, and will be very interested in your responses, not that I am not always.

Here are some of the considerations that have me, to paraphrase the title of one of the hit pop songs Mr. Yarrow helped to write, “Torn Between Two Answers.” Continue reading →

Ethics Quote Of The Week, Government Shut-Down Ethics Train Wreck Division: Unidentified Park Ranger

/ Jack Marshall / 85 Comments

“We’ve been told to make life as difficult for people as we can. It’s disgusting.”

—An unidentified U.S. Park Ranger, quoted by the Washington Times, in connection with a story about the Park Service shutting down the parking lot at Mount Vernon, George Washington’s home, which is not run by the Park service.

My Dad would have been in this picture. Having his own nation that he risked his life for intentionally target him as a pawn would have hurt and angered him deeply. For the first time since Dec. 1, 2009, I'm thankful that he's dead.

My Dad would have been in this picture. Having his own nation that he risked his life for intentionally target him as a pawn would have hurt and angered him deeply. For the first time since Dec. 1, 2009, I’m thankful that he’s dead.

My late father, a decorated World War II veteran, loved the World War II Memorial. He was an invited guest at its dedication, and I accompanied him. Up until a few days before Dad died, he would wear a vest covered with his patches, insignias and medals, including the Silver Star, and just hang out there, often signing autographs for young visitors who treated the real life World War Two relic as both part of the Memorial and as a celebrity. Sometimes I accompanied him. It is a large, wide open space, without a discernible entrance. No government employees were ever in evidence while I was there. Beyond routine maintenance and cleaning, there is no need for any. Security? Just try vandalizing that space with the veterans there, old as they are. I dare you.

So why has the Park Service expended extra funds to block access to that memorial, where visitors just wander in and out, as well as non-government attractions like Mount Vernon, and even private operations that serve visitors to government attractions, like the Pisgah Inn, a private hotel that holds a concession on the Blue Ridge Parkway? Continue reading →