Daily Life

Ethics Salvage, 8/9/018: Here’s Why There Were No Ethics Alarms Posts Yesterday, And More

/ Jack Marshall / 52 Comments

Good morning? What’s good about it?

My plan, as it is most days I travel, was to arrive at my destination (New Providence, NJ), check into the hotel, and spend the evening catching up on ethics posts, then get up early, compose an ethics warm-up. maybe another post r two before I lose control of the day in the onslaught of seminar-leading and more travel. It’s a good plan. Unfortunately, nothing went right. My original flight, into Newark airport, was cancelled after an hour’s delay: Newark had stopped all air traffic. I switched airlines and bought ticket to LaGuardia, where I was told that my client’s limo service could pick me up and take me to my destination.(My program was to start at 9:00 am today.) I got on the plane, we left the gate, and waited. It was storming in New York City and environs. After two more hours, the plane returned to then gate, where we were told to wait around. If things started up at LaGuardia, we were going to have to seize the moment, get on the plane and take off. Never mind: after a half hour or so, that flight was cancelled too.

Thus I ended up at the end of a line of about a hundred travelers , while a single American Airlines agent tried to handle each crisis, a process which appeared to bid fair to last until Christmas before they would get to my urgent need to be in Springfield, N.J. in time to meet up with my colleague and perform a three hour musical ethics seminar for a paying audience of over a hundred lawyers. My ProEthics partner and spouse was simultaneously coordinating with Mike, the musician, on his way to the hotel from Brooklyn, the New Jersey Bar, and the airlines, trying to develop plans B (an early morning flight from Dulles or National and a mad dash to the seminar), C (an overnight train trip), D ( driving to New Jersey), and E (hiring someone to drive me, so I didn’t fall asleep at the wheel). Cancelling was never an option: I’m a show-biz guy, and the show must go on.

For some reason an American agent came over to the back of the endless line, and said, conspiratorially, “Who wants to go to JFK?” About 2o of us eagerly followed her to another gate, and I eventually found myself on a plane to JFK—which stalled on the tarmac, because JFK had halted take-offs and landings too. After an hour or so, the pilot announced that he had “timed out” along with the rest of the crew, and that we were returning to the gate, de-planing, and would wait for a fresh pilot who was en route, assuming his plane arrived.

Well, to cut out a lot more twists and turns, eventually I got to JFK, paid $250 to have a car take me to my hotel in New Providence, and got to bed at around 4 am,  with a scheduled pick-up by a limo service to take me and Mike to the venue at 8. The limo driver got lost, incidentally. Then it was a blur of a three-hour interactive seminar (Mike, as usual, was brilliant), back to the airport, more delays, and home by about 7 pm last night. I started this post around 9, found myself unable to think, and went to bed.

My friend Tom Fuller is fond of saying that if you have no options, you have no problem. I had no options, but I do regard not being able to get posts up in a timely fashion a big problem.

I was, however thinking about multiple ethics issues that arose during my odyssey–actually, a Cyclops and some Sirens, even Scylla and Charybdis,  would have been welcome diversions from Airport Hades—and will pass some of them along now: Continue reading →

On Boycotts, Vendettas, Grudges And Principles: The Unethical Theater Group And Me

/ Jack Marshall / 34 Comments

Over the weekend I attended a local theater production at the behest of an old friend who was involved in it. I did so with great hesitation. You see, several decades ago, I directed a show for this company, an old and popular community institution. Not only was I treated as miserably as I have ever been treated by an organization in my life; my cast and staff were abused as well. I encountered perpetual arrogance, nastiness, pettiness and hostility, all of which is common in the theater world and especially the amateur end of it, but not on this level.

I would enjoy itemizing the particulars of my indictment against this organization, but it would be an indulgence, and would necessarily lengthen the post. I’ll just note that the fact that an African-American member of my cast and her family were harassed more than once by the venomous seniors running the company like their own private East Germany was not an indispensable part of my conclusion that the company was  a special gift from Hell. I would have come to the same conclusion even if the group hadn’t been racist as well as venal, exploitive, dictatorial, mean, incompetent, vindictive, and stupid.

So I attended the show, which was not bad at all, though I felt like Jeff Goldblum making a visit to Jurassic Park. (The tickets were comped: it I had to pay a cent for them, I would not have gone.) My last time in that building—the group owns its theater facilities–I vowed not only that I would never return, but that I would take every opportunity to undermine the company’s strength, viability, reputation and existence. I had, too, until I attended the show. I take pride in the fact that I have warned many previously naive artists away from getting involved in the group, and I have kept many theater-goers away as well. It is my theatrical Moby Dick, I suppose: to the last I’ll grapple with it; from hell’s heart I’ll stab at it; for hate’s sake I’ll spit my last breath at it.

During the performance, which had its boring and annoying features, I found myself reflecting on this state of mind. Is it ethical to hold a grudge that long and that strong?

It certainly can be, to be sure. In cases like this, however, I believe that staying the course is a matter of integrity. Continue reading →

“Wait, Say That Again, Please…This Damn Little Girl I’m Walking With Keeps Distracting Me…”

/ Jack Marshall / 81 Comments

Just because it is becoming an “old man shouts at cloud” cliche to point out that electronic devices are encouraging bad habits that will do unpredictable harm to society and human relations in the future doesn’t mean the observation isn’t true, or that it shouldn’t be heeded.

Yesterday, while walking Rugby in a glorious afternoon sun, I found my attention  diverted by the sound of a tiny child’s shout of glee and wonder.  A little girl, resplendent in a pink dress but not yet capable of coherent speech, had seen my happy Jack Russell from across the street and was pointing to him, laughing, and trying to get the attention of her mother as the two walked along in the opposite direction of where we were headed.  I also tried to get the woman’s notice, since my practice is to take Rugby to kids when they exhibit the reactions the little girl was running through.

The mother, however, was fully occupied talking on her cell phone. She never looked up, never saw me, never saw Rugby, or acknowledged her daughter. She just snatched the girl’s hand—the little girl had been previously hustling to keep up with her—and pulled her past us as the toddler looked longingly behind, and Rugby wagged his tail. Of course, she never interrupted the call, which I’m certain was crucial to world peace.

I see this all the time, more and more frequently: parents spending “quality time” with their children by having the kids walk along side of them (or behind), almost completely ignored, while they give most of their attention to chatting or texting to some distant friend or associate. The behavioreven bothers me when it is a dog rather than a child who being ignored, but dogs recover from neglect, emotional and otherwise, a lot better than children.

That woman, I thought, wouldn’t chat away on a phone call if she were walking with an adult companion, and then I instantly erased the idea: I have seen people doing that, too. Recently, waiting for my wife outside of the 7-11, I witnessed the depressing sight of  four teenagers walking along together, saying nothing, all with their eyed fastened to smartphones. Continue reading →

Ethics Analysis: My CVS Confrontation

/ Jack Marshall / 72 Comments

As with many ethics problems, the most important question to answer  is “What’s going on here?”

This is what happened.

I take quite a few drugs, some of which keep me breathing. My doctor now e-mails the full slate, usually a three-month supply, but with automatic refills, after every check-up. This time, I actually witnessed the prescriptions being sent. From the start, however, there was a screw up. The first three drugs I tried to get refills for turned up expired: there was no record of the directive from my doctor. Each time, the same thing happened: the CVS pharmacy automated line said the order “was being filled;” when I arrived to get it, I was told that the prescription had expired; I explained that they had a glitch in their system; one of the staff agreed (“Ugh! This ticks me off! Someone is automatically cancelling these orders!”); and I eventually got my drug, sometimes after giving me a partial refill and my having the doctor call CVS to confirm. The last time, however, the prescription I sought was ready. (They all had been e-mailed at the same time.) They also offered me another drug, and extremely expensive one, that I didn’t need immediately. I said I didn’t care to spend the money just then, and they told me they would hold it.

Yesterday I needed that drug, the previous supply having run out the day before. I had no opportunity to go to the pharmacy until nearly 9 PM, but it shouldn’t have mattered: the pharmacy during the week is open until the CVS closes at 10 pm, and I knew the prescription was ready, because of my previous visit.

But it wasn’t. The pharmacist, a young woman, told me that I had no valid prescription. “Nope,” I said. “Wrong.” And I explained what had been happening with my drugs, how I was told that the system glitch had been fixed, and also that I actually saw the filled prescription I now needed when I picked up my last prescription. AND, I said, firmly, skipping a day was not an option. This drug was one of the ones I could not skip.

Then the excuses started. Continue reading →

Where Have You Gone, Ernest Hemingway? Of Baseball, Tanking, Winning, Trying, And Life…

/ Jack Marshall / 27 Comments

This essay is only incidentally about baseball, but like so many things that sieve through my brain, it was sparked by a conversation about baseball. On the satellite radio MLB channel, one of the interchangeable hosts—I really have trouble telling them apart: some are ex-general managers who nobody will hire, some are ex-players, and a few are sportswriters, but they all seem to say the same things, though one says them with a bilateral lisp—was interviewing a New York sportswriter. That alone would normally prompt me to switch to the Beatles Channel (or the weather), but as I reached for the dial I caught one of the writer’s comments. He was talking about the fact that the New York Yankees’ opponent at the time, the Tampa Bay Rays, were almost a .500 team, and were competing despite a tiny payroll, unlike many other teams this year, which have adopted the controversial strategy of fielding cheap and crummy teams (called “tanking’) in the hopes of getting high draft choices as a reward for  miserable won-lost records.

“I guess you have to admire the Rays,” he said, “though in this day and age, it makes no sense to try to be a .500 team.”

What a nauseating, unethical position, and how characteristic of the downward trend in American values and spirituality!  It makes no sense to try be a .500 team? This sentiment warps so much in American life today. It translates into the envy, resentment and anger that typical, normal, healthy Americans lug around on their souls all day because they aren’t rich like the people they see on TV, or the neighbor down the street who had wealthy parents and left him a bundle.

It makes sense for the Rays to try to be a .500 team because it means the team is doing the best it can, despite limitations beyond its control, to give its fans something to cheer and care about. It makes sense to try to be a .500 team for the same reason it makes sense to aspire to be the kind of steady, honest, hard-working middle class American who raises happy and well-adjusted children in a stable home but will never win any major awards or be the subject of features in their local newspapers. It makes sense to try to be a .500 team for the same reason it is right to work hard and well no matter what your salary, or whether you are being paid at all.

Ambition is a great motivator, as long as one understands that achieving one’s goals is often as dependent on chance and chaos as it is on industry and talent, and if you prepare yourself to be bitter about that, bitter is how you are likely to wind up.

I learned to love baseball passionately following a .500 baseball team–indeed a sub-.500 baseball team— that seemed like it would never be anything but. This was in an era where the New York Yankees literally won the pennant every year, with a rare exception now and then. The system was rigged to favor them, and had been for decades. The Boston Red Sox began every season knowing that getting to the World Series was a pipe dream, and their fans knew it too. Nevertheless, they tried. As an almost good team, they had a chance to win every game—not a great chance, when they were playing the Yankees, but a chance. Often the Sox made a good fight of it while going down: our hopes were raised, and there was that wonderful-horrible moment that is the beating heart of baseball where anything can happen from a miracle to a tragedy as the ball is hurtling toward the plate and fate’s resolution. Life is like that, and the sooner you realize and accept it, the better off you are.

The best hitters make outs 60% of the time, and the best teams still lose at least 35% of their games. The typical players and teams do worse than that, just like the typical American, indeed human being, loses a lot more often than he or she wins. The important thing, the thing that undergirds ethics, and integrity, and responsibility, and honor, is that you do the best you can, and pick yourself up when you fail, and try again. It’s not a bromide. It’s the only way to live without going crazy, becoming a serial killer, or surrendering to despair. Continue reading →

Chaos, Kindness, Vivian Landis, and Me

/ Jack Marshall / 31 Comments

Yesterday I attended the funeral of Vivian Landis, mother of my long-time friend Lise Landis. Vivian was 98 years old when she died, and by all accounts had a wonderful and rewarding life. She also played a big part in mine, by doing what she apparently did routinely: being kind.

Mrs. Landis, along with her late husband Paul, were, by sheer chance, placed in the position of being the Chaos Theory butterfly in the Amazon jungle that causes a momentous chain of events by flapping its wings. They exemplify to me why it is vital for all of us to strive to live using ethical values. We have often no idea what the results will be, but the odds are they will be more good than bad.

In 1972, I had been rejected by all of my choices for law school, though I had been wait-listed at Georgetown. However, it was August, the fall semester was looming, and no word from Washington, D.C. had reached me. Discouraged but resigned, I said the hell with it, and resolved to take a year off, perhaps to craft my thesis on character and the American Presidency into a book. In the meantime, I decided to join my parents and sister on what bid fair to be our last family vacation. Dad had planned one of his typical forced marches, this one through Reno, Sequoia National Park, Yosemite, San Francisco, and Seattle.

I was having a great time, relaxing, enjoying the sights, when a ranger tracked us down on the Yosemite canyon floor. Our next-door neighbors in Arlington Mass. had sent a telegram forwarding a Georgetown telegram to the Marshall homestead: a slot for me had just opened up in the 1975 Class, but to claim it, I had to be at the Law Center to register Monday morning—and it was Sunday. And I was in California.

I wasn’t even sure I wanted to go to law school at that point, but my dad was determined that I should take the opportunity. We cut short our Yosemite visit and drove to San Francisco, where I was deposited on a red-eye to Dulles. I had few clothes, and knew nobody in the District of Columbia or anywhere near it. Somehow, I was assured, my family would have a plan for me by the time I arrived. I was to call their hotel in Frisco once I had registered. Continue reading →

Morning Ethics Warm-Up, 6/8/18: Breaking Radio Silence

/ Jack Marshall / 64 Comments

Good Morning!

Adventures in Woburn, Mass.:

1. The Event. I guess I should have assumed that some commenting here would go on yesterday about the unpleasantness involving an ex-participant here, while that dispute was causing me to lose all of yesterday between travel and court. (I alomot tried to put up a post late last night, but was too fried.) I have little to say on the matter, which is still being considered, except that I did learn some surprising things, such as that

  • …the weakness of the concept of “lawyer-in-all-but-degree” tends to be exposed in court;
  • …being banned from an ethics website is an existential catastrophe, and actionable, according to “lawyers-in-all-but degree”;
  • …having a great poker face is an essential talent for a judge:
  • ….in  lawyer-in-all-but-degree schools, they apparently teach that the position that “judicial misconduct” and “judicial ethics” are essentially the same topic is ridiculous and libelous, and
  • ….playing the part of Van Johnson in “The Caine Mutiny” just isn’t as much fun in real life as it seems to be in the movie, if you get my drift. It’s kind of embarrassing and sad.

2. A airport encounter:  In the airport on the way to Boston and waiting for my flight in an early morning mob, I was anxiously wandering through the crowd when I heard a quiet male vice say, “Nice tie!” It was not obvious who had spoken, but I decided it had to be a young African American airport employee who was helping a traveler in a wheel chair. “Did you just say ‘nice tie’?” I asked him, though he was not looking at me. Then he lit up, said that he had, and got into a long conversation with me about ties. He is a tie aficionado. He has photos of his ties on his cell phone! He loves talking about ties! And thus I connected with a fellow human being in a chance encounter, when he took the step of breaking through the silence and mutual disinterest that increasingly marks the daily interactions of Americans, even neighbors. I also ensured that he would not feel like I was ignoring his existence when he had taken the risk of an unsolicited overture to interact. [Unlike the female jogger I write about here.] Contrary to some of the comments that I received then, I don’t think anything about the chance encounter yesterday should have been different if the participants had been different ages, races, ages, or stations in life. Continue reading →

A Concise Ethics Rant On A Chance Encounter While Walking Rugby

/ Jack Marshall / 119 Comments

It was cloudy and rumbling, and Jack Russell Terriers are notoriously difficult if they don’t get at least one good walk every day. So I decided to try to beat the rain and get Rugby out for a swing around the neighborhood. It kept getting darker, windier, and the distant thunder was getting louder. Rugby was in fine fettle, I must say, though he felt compelled to pee on every bush, rock, or tuft of grass. I have never seen a dog who seemed to enjoy a walk so much. I wish there was something, anything, I could get that excited about every day.

We were in the home stretch, about to loop around the church that faces our house across a parking lot and a row of trees. Then a young woman, maybe in her 20’s, dressed for the task, jogged toward us, pony tail swinging. She had that cold, stony, “I don’t want to acknowledge anyone” look on her face that so many younger people cultivate today. I looked at her and smiled anyway. That was how I was brought up, you see. We acknowledge each other. We signal good will, and that we are part of the same community. We are nice.

As she jogged past, I said, certainly loud enough that she could hear me, “Don’t get caught in the rain!” That is an incidental, spontaneous, friendly comment between strangers. I must engage in, and respond to, dozens of such comments a week, while shopping, teaching, or walking the dog.  They require a response: a nod, a smile, a brief answer like “I won’t!” What I got was a snub. No response at all.

I felt like I was being treated like an unfamous Morgan Freeman, as if my statement was, “Hey, honey, good form!” I wasn’t flirting with her, or harassing her. I was being a human being, and doing what human beings need to do to make life bearable.  And I felt insulted.

Yup, I’m old enough to be her father…grandfather, even. That, I was taught, makes showing some respect, like acknowledging that I spoke to her in a friendly, neighborly manner, even more mandatory as an ethical social response.

If this is where feminism, #MeToo, and  generational bias is leading young women today, they will poison the next iteration of our society, not cure it.

Meanwhile, I am pondering whether there is an ethical, effective follow-up response to the next jogger who treats me like a turd on the sidewalk.

The options I am thinking now clearly would not be  constructive.

Morning Ethics Warm-Up, 4/16/2018: The Integrity Edition

/ Jack Marshall / 42 Comments

Good Morning!

1. James Comey, Cognitive Dissonance Dunce. The anti-Trump obsessed won’t be able to see it, but rogue ex-FBI director James Comey is doing an immense favor for President Trump and Republicans by single-handedly framing his campaign against the man who, it is increasingly obvious, correctly fired him (as Hillary Clinton would have done even faster) as that of a classic vengeful disgruntled employee and nothing more, or better. Even Time op-ed writer Charles Blow, whose every column since the election has been some paraphrasing of “I hate Donald Trump,” was forced to observe that Comey is an especially dislikable foe (as is Blow himself). The sheer number of loathsome Trump-bashers has a natural Cognitive Dissonance Scale effect that the President’s critics can’t seem to fathom.

Normal, fair-minded people whose natural instinct is to run from the likes of Nancy Pelosi, Ted Lieu, Hillary Clinton, David Hogg, Joy Reid, Bill Maher, James Comey, Robert DeNiro, Alec Baldwin, Stormy Daniels and the rest will find themselves, almost unconsciously, siding with the President rather than this basket of deplorables, because, you see, he is the President, and who wants to be identified with that crew?

In his ABC interview, which successfully marked Comey as Just Another Trump-Deranged Resistance Warrior, he actually said that Trump was “morally unfit” to be President. First of all, it is the electorate, not James Comey, that decides who is morally fit to be President.  Comey’s assessment is no more or less valid than that of anyone else. Second, the statement is ridiculous on its face. If Comey had an interviewer with any knowledge of Presidential character and the history of the office, plus the wit and integrity to expose  an ignorant opinion when one is broadcast coast to coast, he would have been asked..,

Was Thomas Jefferson morally fit to be President? Has Donald Trump kept his wife’s sister as a concubine and slave? Was Andrew Jackson morally fit to be President? Has Donald Trump killed anyone in an illegal duel? Was Grover Cleveland morally fit to be President? Did Donald Trump ever have a woman committed to an institution to silence her about their sexual relationship? Was Woodrow Wilson morally fit to be President? Has Donald Trump endorsed the Klu Klux Klan? Was Franklin Roosevelt morally fit to be President? Has President Trump ordered U.S. citizens into prison camps? Was Richard Nixon morally fit to be President? LBJ? Bill Clinton?

The Presidency is self-defined by its past occupants, and “moral fitness” is not a characteristic that comes to mind when considering what qualities are identified with successful, popular or effective Presidents.

2. Whither the ACLU? Alan Dershowitz has authored a searing attack on the ACLU’s lack of integrity demonstrated by its failing to condemn the Justice Department’s raid on lawyer Michael Cohen’s home and office. He writes in part, Continue reading →

Morning Ethics Warm-Up, 3/29/18: Baseball Opening Day Edition, Plus Earlobes, Insults, And Tampons…

/ Jack Marshall / 41 Comments

Good Morning, And Play Ball!

1. To Tony C.  This is always a happy day for me, but I want to mute my joy a bit by dedicating this baseball season to the late Tony Conigliaro. Since my teens, he has been my constant inspiration to live every day to its fullest, because no matter how bright and promising the future seems at any moment, everything can change in the blink of an eye, or an errant pitch from Fate right into your face.

That’s what happened to Tony C. on a cruel August night in 1967. He was playing right field and batting clean-up for his home town baseball team, in a season that would see them win a miracle pennant. He was young, handsome and incredibly talented. He had become the youngest player ever to hit a hundred home runs,  and was in his fourth big league season at the tender age of 22.Then everything changed. Tony’s existence was swept up and placed on a new and dark road that ended with a fluke heart attack and stroke at the age of 37, and a lingering twilight half-death in brain damage until he mercifully passed away eight long years later.

All we can do now is remember a beautiful young man and a brilliant athlete who gave his home town many thrilling moments to savor in the brief time allotted to him, who had everything, and then lost it without reason, warning or justice…and also remember that every day should be lived right, and well, with the determination to be the best we can be, because we may never have a chance to be any better.

Yes, this baseball season is dedicated to you, Tony.

For me, I guess they all are.

2. No, this isn’t The Onion. This is a real tweet from the Democratic Party, authored by Congresswoman Grace Meng:

She continues…

“Women deserve equal access to our economy, not punishment for their gender. That’s why I’ve been working with my fellow women to fight for more access to tampons, pads, and the full range of menstrual products since 2015. …I’ve introduced legislation to make these products more affordable — because leveling the playing field and stopping period-shaming give women, especially low-income women, a better chance to succeed in our economy…What else would give women a better chance to succeed? Electing more women to fight these fights with me — because we need leaders who understand the experiences of those they represent. ..Head to and commit to vote in 2018 and beyond, because women can’t wait for economic fairness any longer.”

I hope I don’t have to explain what is wrong with this, and I eagerly anticipate being able to parry any brain-melted partisan who reads something like this and says, “Hey, what a good idea!” Yet obviously millions of people are in thrall to this kind of slippery slope progressivism: if a gender, or a race, or a nationality or any other tribe has a unique need or problem, then all of society must help pay for it, or life is unjust. Was a virus released into the water system of certain major cities.? What else can account for such abdications of personal responsibility being accepted as fair and reasonable?

Hey! Why doesn’t the government pay for my electric razor? Continue reading →