Character

Criminal Defense Ethics: The Aneurysm-Inducing Argument

/ Jack Marshall / 1 Comment

Darrow would understand.

Apoplectic stand-up comic Louis Black has a classic routine in which he describes how a snippet of a conversation he over-heard at an IHOP nearly killed him. The statement, “If it hadn’t been for that horse, I never would have spent that year in college,” made no sense to him at all and kept going around and around in his brain, threatening to cause a fatal aneurysm.

I know exactly how he feels.

A week ago, I read a news account of the election fraud trial of one Julius Henson, a former campaign consultant to ex-Maryland Governor Robert Ehrlich. This was the second trial arising out Ehrlich’s dirty and unsuccessful campaign in 2010 to win re-election over Democrat Martin O’Malley. In the first one, Ehrlich’s campaign manager, Peter Schurick, was convicted of election fraud for approving an election day robocall that went out to African-Americans in Maryland who were registered Democrats, suggesting that they “relax” and stay home, because O’Malley had already won. In the article, it said that Henson’s attorney had offered the defense that the call, which was created by Henson with his wife’s voice on the recording, was not designed to suppress the black vote for O’Malley. It was, argued Edward Smith, intended to prompt them to go to the polls and vote for Erhlich through the use of “reverse psychology.”

WHAT??? Continue reading →

The Washington Post’s Teenage Romney Smear Job

/ Jack Marshall / 17 Comments

This just in: When he was 2 months old, Mitt Romney made boom-boom in his didies!

The Washington Post, which reached its previous nadir of attempted disgraceful and irresponsible character assassination of a GOP Presidential candidate with its “Niggerhead” hit job on Gov. Rick Perry*, sunk lower still with today’s stunningly unfair attack on Mitt Romney. Reporter Jason Horowitz wrote a bottom-of the-barrel story about an incident in which Romney bullied and harassed a gay class mate when Romney was at prep school, and 17-years-old. Naturally, this was published to contrast with President Obama, finally being shamed into announcing his support of gay marriage, in order to embarrass Romney, and force him to apologize for an episode that took place nearly a half-century ago when he was legally a minor.

If you want to read this garbage, it is here. You shouldn’t want to, however. It has no relevance to Mitt Romney or his qualifications for the Presidency. Paying any attention to it at all, even if you are actively trying to torpedo Mitt, is a bright-line violation of the Golden Rule…unless, of course, you never did anything you’re now ashamed of when you were a selfish, hormone-addled, ignorant teen, and are perfectly willing to have colleagues and potential employers judge your current character on the wedgies you handed out in gym class. Continue reading →

Web Hoaxes: Not Funny, Always Unethical

/ Jack Marshall / 12 Comments

P.T. Barnum’s “Fiji Mermaid:. At least in 1842,. it wasn’t on the web.

Ethics Alarms is swearing off “angry ex-boyfriend/girlfriend takes cruel outrageous revenge” stories, no matter how juicy the ethics lesson may be. First it was the tattoo artist who defaced his ex’s back with a huge and ugly drawing of steaming dog excrement that was fantasy masquerading as news, and now it’s the Polish dentist scorned…remember? The one who pulled out her cheating boyfriend’s teeth? Yes, it seems that horror story was a hoax too.

A lot of people who should know better think that web hoaxes are funny and hoaxers are clever. I regard them as the ethical equivalent of  chefs and waiters who spit in restaurant customers’ food. The web creates—a web!—of information and communication across nations and cultures, and poisoning that web with bogus stories creates a chain of unpredictable harm. At very least, hoaxes make every trusting source that passes along the lie an unwitting accomplice in a despicable act. It harms long-nurtured relationships of mutual trust between those who post on blogs and websites and those who read them. Continue reading →

Ethics Hero: Hillary Clinton

/ Jack Marshall / 10 Comments

Those are four words I once would have bet I would never type.

Real. Honest. Brave. Beautiful. Thanks.

The Secretary of State deserves them though, for appearing in public, before the cameras, with no make-up and just a touch of lipstick. Let Fox News and the Matt Drudge mock: Hillary didn’t “forget her make-up.” She just decided “to hell with it.” And, as the Washington Post correctly noted, she looks just fine.

I just spent an event sitting next to the wife of a friend. She must be pushing 70, and her face and hair would not provide a single clue that she was more than 45, except for this: but for the movement of her eyeballs and occasionally her lips, her expression was completely unchanging.It was creepy. Her husband, whom I hadn’t seen in about ten years, was aging normally, but now his marriage of 40-plus years looked like he had robbed the cradle, albeit the cradle of a family afflicted with genetic facial paralysis. What’s the point? Why do American women feel the need to feign youth, even to those who they can’t possibly fool? Hillary looks like a real person to me; my friend’s wife looks like she may crumble into dust when the sunlight hits her. Continue reading →

Amendment 1: When Apathy Is Unethical

/ Jack Marshall / 63 Comments

As you probably know by now, North Carolina voters went to the polls yesterday and passed a constitutional amendment that made same-sex marriages and even civil unions invalid under the law. Amendment 1, as it is called, is unusually brutal, as it will almost certainly take away the health insurance of many individuals in long-term committed relationships who were covered by their partner’s workplace insurance, and if they have pre-existing conditions, it will be difficult and expensive finding new coverage. Even that however, is less harmful and hurtful than having their home state declare that they are a second-class citizens, which is what this and similar provisions around the country do. Continue reading →

Elizabeth Warren and an Affirmative Action Flashback

/ Jack Marshall / 33 Comments

Over at Popehat, Patrick, the more flamboyant of the libertarian performance artists who blog there, has erected a harsh condemnation of Elizabeth Warren’s attenuated Native American pose, as well as her subsequent defense of it. A sample:

“The truth about Elizabeth Warren is that, when she chose to call herself a Cherokee Indian, she failed to consider that she might one day be called on her claims. The truth about Elizabeth Warren is that her decision to call herself a Cherokee Indian, at a time when she thought no one would ever call her on her claim, was more revealing of her character than all of her actions since becoming a politician in the spotlight. The truth about Elizabeth Warren is that she will lie about her background for professional advantage when she thinks that she can get away with it. The truth about Elizabeth Warren is that it is only now dawning on her that lying about one’s race in order to gain affirmative action benefits is considered, by many, to be no different from lying about one’s college diploma, or lying about winning the Congressional Medal of Honor. The truth about Elizabeth Warren is that she is no more deserving of a seat in the United States Senate than she is of a seat on the Cherokee Nation’s tribal council.”

I more or less agree with Patrick on all points, and the criticism of his post from commenters has reinforced that conclusion. For the most part, their protests boil down to “but she’s a liberal/Democrat/ ally of the 99% and running against a Republican, and that’s what matters, not her character!” If it hasn’t already become obvious, the official position of Ethics Alarms is that if the public chose its elected officials on the basis of demonstrated virtues like  integrity, courage, honesty, fairness and responsibility rather than partisan affiliation, single issues and official policy positions, the nation would be far better served. Patrick’s post, however, following on the heels of my own, also sparked a flashback to a conversation I had almost 40 years ago, when I was working in the administration of Georgetown Law Center. Continue reading →

When A Corporation Trusts Too Much: The Saga of the Unlimited AAirpass

/ Jack Marshall / 1 Comment

If you sell this guy a ticket to your all-you-can-eat buffet and he eats the table, is he at fault, or are you?

A strange subplot of the American Airlines bankruptcy is the saga of its unlimited AAirpass, a special deal offered by the airline in 1981. The company sold passes for a lifetime of free and unlimited First Class travel with no limitations at a price of $250,000. An additional $150,000 permitted AAirpass customers to buy one “companion ticket” that would let one person—anyone— accompany them on any flight, anywhere, again, for life.

Apparently eschewing competent market research—and you wondered why this airline went belly up?—American assumed that the lifetime luxury travel passes would be bought by corporations for their high-flying employees. But no; the purchasers were almost all very rich people with a lot of time on their hands. As designed, American got a quick influx of cash, but at an unacceptable and strangely unanticipated cost: the AAirpasses placed the company at the mercy of  few profligate travelers who exploited American’s carelessness to the edge of absurdity, thereby raising a fascinating ethical question: If someone lets you have the right to ruin them, is it ethical to do it? Continue reading →

The Schizo Principal’s Facebook Dilemma

/ Jack Marshall / 5 Comments

Principal Losos, a.k.a Suzy Harriston. Don’t ever call  her “Sooz”.

In Clayton, Missouri, the high school principal has resigned after being outed as a fake student on Facebook. Posing as Clayton High student Suzy Harriston, Principal Louise Losos amassed over 300 student friends from her school, until a former student pierced her false identity and urged everyone to de-friend it. Poor, fictional Suzy vanished, and shortly afterward so did Louise, who was placed on a leave of absence. Now she has resigned.

Can anyone think of a good reason why Losos should not have lost her job? In addition to being creepy, her posing as a student was a lie, and hardly proper conduct for the head of a school, a role model, and an ethical exemplar. If she were investigating a murder, or a series of unexplained thefts, or a suspected Al Qaeda cell working out of the Science Club, she might have some ammunition on her side, but the only use she seems to have put Suzy to was building student support for a friend of hers, a physical education teacher, whose job was in jeopardy.

There was one note in the Yahoo! report that complicates the analysis: Continue reading →

The Monsters, the Baseball and the Kid

/ Jack Marshall / 4 Comments

“WAAA! I wanted that ball! By the way, where am I?”

I skipped this ten-minute controversy from last month, but I think it was worth mentioning from several ethics angles, so consider this catch-up.

Rangers fans Sean Leonard and Shannon Moore were at a Texas Rangers-Yankee game a few weeks ago when a  game ball was tossed into the stands by Texas’s Mitch Moreland. They caught it and gleefully posed for the TV cameras, which also caught a three-year old boy crying hysterically next to them. Immediately, the couple was vilified far and wide, on TV, in blogs and on radio talk shows ( Business Insider called them “The Monsters Who Made A Little Boy Cry”)  for taking the ball and not giving it to the child. The main accuser  who sparked all this hatred was Yankees broadcaster Michael Kay, who told his radio audience that the couple was taunting the unhappy boy.

Outrageous, all right, but Kay, not the couple. Kay’s description of what occurred was speculative and even fanciful, and for other commentators to commence vilifying the two fans without knowing anything about them, or even why the child was crying, was frighteningly unfair, irresponsible and cruel. Yes, you too can be caught on camera and turned into a national punching bag! Later, we discovered that…. Continue reading →

“Show Boat” Ethics: Defining Deceit

/ Jack Marshall / 37 Comments

I frequently discuss the concept of deceit in ethics seminars, and my favorite example, which I have also used on Ethics Alarms, is the famous “Does your dog bite?” gag from “The Pink Panther Strikes Again!” This morning I was reminded of an even better example, though not so funny, while watching Turner Movie Classics. TMC was showing the 1936 Hollywood adaptation of “Showboat,” the black-and-white version directed by James Whale of “Frankenstein” fame, that is richer and more faithful to the original Oscar Hammerstein-Jerome Kern Broadway musical than the later, color version starring Ava Gardner, Kathryn Grayson and Howard Keel. Continue reading →