Character

Comment of the Day: “Ethics Quiz: The Case of the Fake But Accurate Social Security Card”

/ Jack Marshall / Leave a comment

My ethics conundrum regarding the fake but accurate Social Security card solution—the Dan Rather approach, if you will— continued to garner a wide range of responses. Rick, as usual, has delivered one of the most thoughtful and provocative, and it is a worthy Comment of the Day.

Here is his comment on “Ethics Quiz: The Case of the Fake But Accurate Social Security Card”:

It strikes me that sometimes—not always, but sometimes—ethics is on a continuum. There’s the truly ethical, the not unethical, and the unethical, with many finer distinctions to be made.

I don’t running screaming into the night at the idea of faking a card, under the circumstances. Still, the truly ethical thing to do in this situation is to tell the prospective employer the truth. And the availability of all those other possible means of identification is indeed relevant. Provide one of the non-Social Security card alternatives and whatever other documentation is available. Importantly, if the employer, for whatever reason, is unwilling to accept this legally sufficient documentation, you don’t want to work for this person, no matter how much you need a job. Continue reading →

The Drunk, the Bar and the Missing ID

/ Jack Marshall / 3 Comments

I’ve been considering starting a continuing category for unethical law suits, but what interests me about this story is that it coincides with a sudden flurry of new comments on the Shannon Stone post. That concerned the man who fell to his death at a Texas Rangers game last summer after lunging to catch a foul ball for his son. My post argued that when someone does something unequivocally reckless and foolish that leads to his injury and death,  it may be legally advantageous to sue third parties for not anticipating the situation and providing prophylactic safety measures, but is unethical to do so.

It was not one of my more popular posts.

This story, from South Carolina, raises a similar issue. Paraplegic Chelsea Hess is suing Jock’s Sports Grill  because the bartender failed to check her ID and didn’t determine whether she was already intoxicated when, at the age of 20 (in 2009), she drank, drove, and crashed her car, causing her current condition. Hess is also suing the state Department of Transportation, saying the agency failed to properly maintain the shoulder of the road where her car crashed. Continue reading →

Ethics Hero: Julio Diaz

/ Jack Marshall / 5 Comments

[This story, from National Public Radio’s Storycorps, is three years old. But an Ethics Hero is an Ethics Hero whether Ethics Alarms recognizes him or not, and this is a Dickensian tale if there ever was one, about a man whose ethical instinct are so impeccable that they make me feel terribly inadequate. Ethics Alarms reader and commenter Tim LeVier brought it to my attention….thanks, Tim, once again.]

In February of 2008, 31-year-old social worker Julio Diaz, as he often does,  ended his hour-long subway commute to the Bronx one stop early so he could have dinner  at his favorite diner. Diaz was walking toward the subway stairs when a teenage boy with a knife stopped him and demanded his wallet.

“Here you go,” said Diaz.  As the teen walked away, Diaz added, on an impulse, “Hey, wait a minute. You forgot something. If you’re going to be robbing people for the rest of the night, you might as well take my coat to keep you warm.” The mugger was stunned. “He asked me, ‘Why are you doing this?'” Diaz’s reply: “Listen, if you’re willing to risk your freedom for a few dollars,  you must really need the money. I was going to get dinner and if you want to join me,  you’re more than welcome.” Continue reading →

Ethics Quiz: The Case of the Fake But Accurate Social Security Card

/ Jack Marshall / 27 Comments

A conundrum I have been asked to solve:

A mother is working to get her foreign adopted child a new copy of his Social Security card, which was lost. The child is a citizen since infancy, and a SS number has been assigned to him, but the process for a naturalized alien to get another is long and fraught with red tape, delays and frustration. So far, replacing the card has taken ten months, though it was supposed to take three. Now the son is waiting for the card to be issued. Social Security says it is waiting for final approval from Immigration, and Immigration says that there is a bottle neck, but not to worry.

Meanwhile, the boy has a standing job offer for a job that he is excited about and that would help family finances considerably. He cannot be processed without a Social Security card, however. And the job will not be held open forever.

For $250, a friend of the mother’s can get a counterfeit Social Security card with the son’s real number on it. He can have it in a week,

Your Question, in the last Ethics Quiz of 2011:

Granted that getting such a fake card is illegal, is it unethical?

None of the agencies involved dispute his citizenship, that he is enrolled in Social Security or that his number is valid. He has a document from Social Security that lists his number. The fake card would not assert anything that wasn’t true, except that he actually had the official card. He would be offering fake proof, but fake proof of something that is undisputed and true.

Is this one of the rare cases when conduct would be both illegal and ethical?

I’ll take your responses and update this with commentary later.

Thank you, Donald Trump

/ Jack Marshall / 4 Comments

I can't bear to post another picture of Donald Trump, so I'm using this cute Jack Russell puppy's photo instead. I would also vote for the puppy for President before I would vote for Donald Trump.

I had been having misgivings about annointing Donald Trump the Ethics Alarms Jerk of the Year last spring, since so many strong contenders emerged as the year went on—Rev. Terry Jones, Alec Baldwin, Newt, Leroy Fick, of course, and others. Trump, however, took matters in hand, and locked up his award with a flourish by announcing yesterday that he had forsaken the Republican Party and was seriously considering a third party run  for the presidency. For reaffirming my original assessment, thank-you, Donald Trump.  For everything else, curses are more appropriate.

The man is totally without shame. Two weeks ago, he was fully prepared to be the moderator of a GOP candidates debate…a blatant and outrageous conflict of interest for anyone who had the faintest glimmer of a presidential bid still in what passes for his mind. When all but the equally shameless Newt Gingrich and the desperate Rick Santorum declined to be Trump’s props, he withdrew as moderator, and now this. Is he running for President out of spite? I suppose that would be more admirable than his earlier fake pass at a run, which was evidently designed to pump up ratings for his reality show. This public buffoon is willing to distort the democratic process and throw a monkey wrench into an extraordinarily important national election on a whim, a lark, or a hissy fit. Continue reading →

Comment of the Day on “Comment of the Day: “Distracted Driving, Pot, and “The Great Debate””

/ Jack Marshall / 41 Comments

Michael, whom I believe leads the field in 2011 Ethics Alarms Comments of the Day, just weighed in with an epic comment to Neill Franklin’s Comment of the Day from the lively distracted driving/marijuana post.  It restores some balance to what has been largely an Ethics Alarms vs. NORML mugging: I knew there had to be someone out there who agrees with me on the governments ethical obligation to keep drugs from further infecting American society. Here is Michael’s Comment of the Day on both Neill’s COTD and Distracted Driving, Pot, and “The Great Debate”:

“I was just a little horrified by Mr. Franklin’s comment, especially considering the source. I live in a neighborhood rife with drugs and the effects to me are evident. The effects that I see are different from those Mr. Franklin seems to care about, however. I see the wasted lives and wasted generations. If you look at the children around here, you see a generation that grew up without parents, without guidance, and without hope. They have never known adults who worked or who cared about their kids. They only know adults who are on drugs. These adults don’t play with their kids, don’t teach them. They don’t provide food, clothing, or reliable shelter and they subject their children to every form of abuse. These kids have no hope because they haven’t seen anyone like them live any other way. To escape this nightmare existence, they too turn to drugs and the cycle continues. I can’t understand how someone can advocate validating this behavior by legalizing drugs. I understand the self-serving legalization argument of the idle college student drug user and the people who somehow have lucked into good paying jobs that are easy enough to do while high, but I don’t respect them. Continue reading →

Fairness for Ron Paul

/ Jack Marshall / 15 Comments

So as not to leave you in suspense longer than necessary, let me be direct: fairness to Ron Paul means firmly declaring him unqualified to run for President on the Republican ticket in 2012.

The reason is old, which means that we should have been having this discussion months ago, before Paul first set foot on a debate stage. In the late Eighties and Nineties, while Paul was out of Congress, he published a group of newsletters to true believers called “The Ron Paul Political Report,” “Ron Paul’s Freedom Report,” “The Ron Paul Survival Report,” “The Ron Paul Investment Letter,” and “The Ron Paul Greyhound Racing Tip-Sheet.”  Okay, okay, I’m sorry: that last one is made up—I couldn’t resist. But the others are real.

Also real were periodic statements in the newsletters that could charitably be called “racially-insensitive” or not-so-charitably be called “racist.” Paul has been questioned about these before, and in the run-up to the Iowa Caucuses where he is a genuine contender is being grilled on them again. Yesterday, he walked out of a CNN interview when Gloria Borger refused to let the subject go. Continue reading →

Love Your Lawyer? Bad Idea. Love Your Client? Even Worse.

/ Jack Marshall / 4 Comments

This is all your fault, Arnie!

A Connecticut lawyer under fire for commencing a lawyer-client relationship with a woman with whom he was romantically involved made the novel argument that it is good to be in love with your client.  This indicates a profound misunderstanding of human nature and the nature of a lawyer’s duties.

Almost ten years ago, the American Bar Association recommended that state bars include a direct prohibition against lawyers having sexual relations with their clients, and the majority of the states did so. As I have mentioned before, it’s a dumb rule, too broad and too narrow simultaneously, a classic example of how some kinds of unethical conduct do not lend themselves to precise rule-making.  The main problem with the no-sex rules is that they are unnecessary. The legal ethics rules are replete with exhortations to maintain objectivity, independent judgment and to avoid conflicts of interest. Common sense suggests that it is irresponsible to confuse one relationship by adding another; professional standards dictate that combining a professional relationship of independence and with romantic relationships is wrong.  As the D.C. Bar’s Rules of Professional Conduct point out in its comments to Rule 1.7, Conflicts of Interest: Continue reading →

Alek and the Amazing Controllable Christmas Lights

/ Jack Marshall / 1 Comment

I haven’t plugged my friend Alek O. Komarnitsky in quite a while, and since I’m having a hard time keeping up with all the abuse ( and repetitious rationalizations) from the NORML  crowd over on the “Distracted Driving…” thread, this is a good time to re-introduce him.

Back in 2004, Alek received national attention for his whimsical holiday website that allowed people all over the world to turn his elaborate Christmas lights on from their home computers. Everyone had fun, which was clearly Alek’s design. Still, when it became known that his site was a hoax and that the lights going on and off were only an illusion, I weighed in (on The Ethics Scoreboard) with the opinion that perpetrating such a large-scale deception was wrong, no matter how well-intentioned. Alek objected to my criticism, and we had a spirited e-mail debate.

Then, at a significant cost in time and money, Alek devised a way to really let people all over the world turn on his lights. He has done this ever since, and uses the site to raise money to cure Celiac disease. This year, he writes: Continue reading →

Ethics Dunce:The Baseball Writers Association of America

/ Jack Marshall / 9 Comments

"Well, yes, there was THAT, but what really matters is that he was one hell of an assistant coach!"

The high-profile Sandusky/Paterno/Penn State child molestation scandal has shaken the foundation of the sports world, and in the process, given resolve to past victims of child abuse to identify their molesters. The most recent example is veteran Philadelphia sportswriter Bill Conlin, who abruptly resigned from his job as a columnist for the Philadelphia Daily News when he learned that four adults had come forward to accuse him of molesting them when they were children in the 1970s. This created am immediate crisis for the Baseball Writers Association of America, who had this year bestowed its highest honor on Conlin, the J.G. Spink Award. It never looks good when the person you have declared to represent the best of your profession is revealed as drug-dealer, a serial killer, a foreign agent, or a child molester.

Here’s how the BBWAA dealt with the matter on its website, in this “official statement”: Continue reading →