Character

The Jack Berghouse Cheating Conundrum: Bad Father? Good Father? Ethics Corrupter?

/ Jack Marshall / 24 Comments

Should we condemn Jack Berghouse for being a good lawyer?

Should a parent defend a bad egg? A cheating bad egg?

Berghouse has intervened to keep his son, a sophomore at Sequoia High School in Redwood City, California, from being kicked out of the honors program for copying his homework assignment from the work of another student. He doesn’t dispute that his son cheated—-his son admits it, and was caught red-handed. Dad is suing the school because he says its policies are conflicting, and thus his son was deprived of due process. He may be right about that. He is also doing it because, as a father concerned about his son’s future, he worries that the blemish on his record will affect his ability to get into an Ivy League college. He’s probably right about that, too.

But is it right—that is to say, responsible and ethical— for parents to use lawyers and the court system to intimidate schools into whitewashing a student’s records? The vast majority say no, which is doubtlessly the reason why Berghouse reports that he is getting hate mail. Continue reading →

Savage Nightmare: Into the Valley Of Spin, Deceit and Lies

/ Jack Marshall / 7 Comments

When Perez Hilton is the MOST ethical participant in a chain of internet lies, spin and deceit, you know you’re in trouble.

The dishonesty in the world of blogs and partisan websites is so pervasive, the determination to deceive so great, and the willingness to distort, confuse and misinform so ingrained and shameless, that an objective understanding of some politically-charged events become literally—and I mean literally literally, and what Joe Biden means when he says literally, which is “figuratively”—impossible. Does this fuel the destructive partisanship that causes public discourse to be about “gotchas” and point scoring rather than collaboratively addressing societal problems? Absolutely.

I fell into this muck today when I made the mistake of visiting the Breitbart website for the first time in months, to see what it was evolving into now that Andrew has left us. Eureka! Here was a post by Ben Shapiro saluting Perez Hilton, the petty and reliably ethics-challenged gossip columnist (there is no such thing as an ethical gossip columnist) for breaking ranks and criticizing Dan Savage for his anti-Christian, abusive rant to high school journalists in what was supposed to be a speech about anti-bullying initiatives. This signaled to me that Hilton had an Ethics Hero designation in his immediate future, for properly chastising unethical conduct by an ally: like Savage, Hilton is gay and active in anti-bullying efforts.

Shapiro wrote:

“Hilton has long been an advocate of anti-bullying, and it is heroic of him to stand apart from the rest of the media, which has buried Savage’s bully tactics or brushed them off as unimportant. Savage, as Hilton points out, has lost his credibility as an anti-bullying advocate with such actions. And yes, Hilton has cut a video on behalf of the It Gets Better Project.

“It wasn’t any of the big time celebrities who have endorsed and supported Savage’s It Gets Better Project who stood up against him. It wasn’t folks like Jane Lynch or Neil Patrick Harris or Josh Duhamel or James Marsden or Janet Jackson or Jennifer Love Hewitt or any of the dozens of other stars who could have done so. It wasn’t the folks in the mainstream media, who have completely ignored the story, or justified Savage’s behavior. It wasn’t the elected leaders who have used government resources to direct traffic to Savage’s program who stood up to Savage’s bullying here. It wasn’t President Obama or Vice President Biden or Secretary of State Hillary Clinton or Secretary of Agriculture Tom Vilsack or the Department of Justice or the White House Staff or Secretary of Health and Human Services Kathleen Sebelius.

“It was a gossip columnist.”

The Perez quote cited by Shapiro to justify this extravagant praise was this:

 “UGH ….Savage later called the walk-out “pansy-a**ed” which, from someone who helms an anti-bullying campaign, is obviously a very negative thing to say ….Can’t we just be good and kind to each other? Isn’t faith in love and honesty and kindness all any of us really need?” Continue reading →

Dear Abby Follies: Ethically Frightening Question, Ethically Inadequate Response

/ Jack Marshall / 10 Comments

Oh, yeah,THIS is going to turn out well...

How is this for a letter that makes proposals to require licensing for parents seem reasonable?

“DEAR ABBY: I have a beautiful wife, a dog and an 8-year-old son I love to watch sports with. My son loves sports, but he has trouble accepting a loss. He’ll take out his disappointment by beating the dog. My wife doesn’t want to get rid of “Patches” because she has had him since college. I don’t want to put my son through counseling because he said he’ll hate me forever if I do. I’m afraid if the problem isn’t controlled, my son’s life goals may be affected. What can I do? — GOOD DAD IN CLEVELAND”

What can you do? Well, to begin with, you can seek counseling for yourself and your wife, and read some books on Parenting 101. Continue reading →

When Routine Deadens Ethics

/ Jack Marshall / 6 Comments

"Good boy!!!"

A Niagara County, New York coroner just resigned as he faces possible imprisonment after taking a fresh body part from the carnage of a local plane wreck and using it to train his personal cadaver-sniffing dog.

How, you may ask, could anyone, particularly a public coroner, be so callous and ethically numb? “Hey! Here’s a leg! What luck! Now I can train Rex!” How can a professional—or a human being— treat some grieving family’s loved one like a piece of meat?

I think it’s natural, really. Coroners, morticians, medical examiners, rescue workers, military commanders and doctors all have to detach themselves from the human beings whose deaths are a routine part of their daily work, or they risk being unable to do their work at all. Objectivity and independent judgment are crucial elements of professional conduct, and emotion, including sorrow, sympathy, and revulsion, is the enemy of objectivity. The danger is that in order to deaden one’s emotions through repetition and routine, one risks unplugging an ethics alarm. For these emotions are also part of the ethical value of caring.

The coroner might have been excellent at his job, but he lost all human connection to his work. The mangled body part that had once been a living, breathing, loving person seemed like a piece of meat, because to the coroner, like his dog, it was just a piece of meat.

When feeling gets in the way of a professional’s  duties, it is only normal for the professional to try to eliminate them, and even prudent, except that the absence of feelings can cause a deficit in ethics. Building those callouses over normal human emotions are matter of survival in some professions, but doing so creates what I call a “pre-unethical condition” requiring awareness and vigilance.

The Niagara coroner wasn’t sufficiently vigilant, and he fell into a career ending trap.

______________________________

Facts: WGRG New York

Graphic: Greenwich Roundup

Ethics Alarms attempts to give proper attribution and credit to all sources of  facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

For My Father

/ Jack Marshall / 2 Comments

The better Jack Marshall

My father’s birthday is coming up; oddly, I remember the date now that he’s gone, when I never managed to so while he was alive. It is May 2, and by lucky happenstance, Eugene Volokh chose to post another of my father’s favorite Rudyard Kipling poems on his blog today. I had completely forgotten about it, so this is a gift to me, especially since it helps my dad’s memory burn even brighter, always a boon when I feel the walls closing in.  He loved Kipling’s poems, books and stories, and he was a man whom Rudyard would have admired. Like most Kipling, this poem is about ethics, as well many other things, some of which readers must figure out for themselves.

For you, Dad. And all of you, too:

The Gods of the Copybook Headings

By Rudyard Kipling (1865-1936) Continue reading →

The Plagiarist Strikes Back!

/ Jack Marshall / 35 Comments

Move along, Atticus. Nothing to see here, and I wouldn't want you to barf.

Well, some of you called it. I was a sap. I expected better.

Mary Frances Prevost, the California criminal law attorney who substantially expropriated an Ethics Alarms post and placed her name on it, responded to my request for an explanation, and failing that, an apology, a retraction, and proper credit, with this (on her Facebook page), in which she said, in part:

“I received a histrionic run-on-sentence email from someone named “Jack Marshall” today accusing me of committing crimes, threatening to report me to my bar association(s), the Inns of Court, and essentially spend your days and nights harassing me.” I have also viewed a a highly unethical rant published purportedly by you on a blog suggesting strongly that I have engaged in unethical conduct throughout the entire course of my career. I have counseled with one of the country’s premiere ethics attorneys. Here’s the result: 1) accusing me of a crime is defamation per se and unethical; 2) suggesting that my entire law practice has been based on unethical conduct is defamatory and unethical. I maintained copies both of your email and blog. It is clear that you are hell bent on engaging in systematic harassment and unethical conduct, the likes of which can, and most likely will, develop into a lawsuit unless rescinded forthwith. It is clear you have little to do in your life besides sent me emails accusing me of crimes, and writing poorly written blog posts accusing me of immoral behavior. Interesting how one making such claims, engages in most egregious conduct himself….But the sheer amount of energy really suggests something more: a lack of work; too much time; off your meds. I suggest you take a look inward and remove your defamatory and unethical blog post regarding me. Indeed, you should come clean on your blog. You’ve practiced law only two weeks before giving up. Yet, your resume suggests far more experience. I think you should rethink what you’ve done.”

Now how do you like that? Continue reading →

Is a Plagiarist a Trustworthy Attorney? Let’s Ask Mary Frances Prevost!

/ Jack Marshall / 46 Comments

This is me, apparently.

San Diego criminal defense attorney Mary Frances Prevost has an interesting post on her blog about the ethics of George Zimmerman’s first set of attorneys.

MINE.

You wouldn’t know it was mine, of course, because blogger/attorney/ former Washington Post journalist Prevost has slapped her own name on it. There it is, right at the beginning: “by Mary Francis Prevost.” I think that’s interesting.

Her post, entitled “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”, was posted the same day as the Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”, which began, coincidentally enough, by quoting John Steel’s post from the Legal Ethics Forum that read, “[S]hut up, guys. Shut the h*** up.”  It was two introductory paragraphs later, however, when “her” post got into the substance of “her” analysis of the ethical problems with the farewell press conference given by George Zimmerman’s attorneys shortly before the shooter of Trayvon Martin was charged, however, that I really began getting a serious dose of deja vu, also known as “Holy crap! This woman stole my article!” Continue reading →

Comment of the Day: “Ethics Chess Lesson: The Tale of the Kidney and the Ungrateful Boss”

/ Jack Marshall / 6 Comments

New commenter Christine has a valuable personal experience to relate, as an individual who donated a kidney to a stranger herself.  The main thrust of her post covers a topic that I have written on before but did not mention in this case, though I should have. Someone who performs a kind and generous act counting on rewards, copious thanks and gratitude, is  doing it for the wrong reasons. The act itself is all that matters. Certainly, gratitude is the right way to respond to generosity, but an act done in anticipation of personal benefits isn’t really altruistic. It is opportunistic. This is a cliché to be sure, but true nonetheless: the generous act must be its own reward.

Here is Christine’s Comment of the Day on the post, Ethics Chess Lesson: The Tale of the Kidney and the Ungrateful Boss.

I want to also commend Christine for following the comment policies, which many of the new visitors here who commented on this post did not do. I prefer full named on posts, but I only require that I am informed of  every commenter’s real name and have a valid e-mail address within a reasonable time of their first submitted comment. One way or the other virtually all of the regular commenters here have managed to do this, and it makes a difference, even in my responses. I regard such commenters as collaborators , not just marauders, and most of the time, I treat them accordingly:  tgt, Steven, Lianne, Margy, Glenn, Tim, both Michaels, Karl, Neil, Karla, Rick, blameblakeart, Barry, gregory, Eric, Curmudgeon, Eeyore, Julian, King Kool, Joshua, Jay, Tom, Bill, Danielle, Elizabeth, Patrice, Ed, Bob, The Ethics Sage and Jeff…I know there are others.   Thanks to all of you for letting me know who you are.

Now, Christine: Continue reading →

Ethics Hero: “Gaia” Scientist James Lovelock

/ Jack Marshall / 14 Comments

James Lovelock

“The problem is we don’t know what the climate is doing. We thought we knew 20 years ago. That led to some alarmist books – mine included – because it looked clear-cut, but it hasn’t happened. The climate is doing its usual tricks. There’s nothing much really happening yet. We were supposed to be halfway toward a frying world now. The world has not warmed up very much since the millennium. Twelve years is a reasonable time… it (the temperature) has stayed almost constant, whereas it should have been rising — carbon dioxide is rising, no question about that.”

With that admirable statement of candor and humility, renowned earth scientist James Lovelock did what everyone in the climate change debate should be doing, and should have been doing all along. He admitted the uncertainty of climate science, the fallibility of models and projections, and the fact that the extent, speed, predictability and causes of climate change are still far from certain. If other scientists involved in this critical issue had Lovelock’s integrity,  perhaps ignorant pundits, journalists and politicians would not feel so justified in calling skeptics about climate change the equivalent of Holocaust deniers. Continue reading →