Education

A Blogger Asks: “Why Can’t I Date My Professor After the Grades Are In?”

/ Jack Marshall / 40 Comments

Some times you have to look a little more closely to discover the underlying ethics issue.

A blog called “Dating Glory” puzzles:

“I understand that it’s not a good idea to form relationships with professors while still in the class (favoritism, etc.). But why is it such a big deal when a prof becomes involved with a student who will never be his student again? Especially if they are both single and in and around the same age? Why would this jeopardize a professors job? I like my professor (used to be professor ) a lot, and I get the feeling he likes me. He spends a lot of time talking with me in his office and he often looks at me in ways that makes me think he does like me. I want to ask him for coffee but haven’t because I’ve heard this might jeopardize his job. I don’t mind as much that he might turn me down since I’m no longer his student. But what’s the big deal anyway? Why can’t we be free to date if we both want to? Lawyers date their clients all the time.” Continue reading →

No More Presumption of Good Will For Unethical Prosecutors

/ Jack Marshall / Leave a comment

The horrible Duke lacrosse team rape prosecution in 2006 had one very bright silver lining. It finally forced the majority of Americans to accept that prosecutors are as capable of being unethical  as any other attorney, and that because their misdeeds carry the extra weight of government power, prosecutorial misconduct must be exposed and condemned.

Thus it is a relief that the recent blatant abuse of power by Commonwealth of Virginia Attorney Martha Garst is being roundly attacked. Continue reading →

Ethics Quote of the Week: Sportswriter William Rhoden

/ Jack Marshall / 3 Comments

“What is character? In the N.F.L., character is need.”

—–New York Times sports columnist William Rhoden, explaining how teams seek to draft players “with character,” a.k.a. “who don’t commit felonies off the field,” unless, of course, the player is especially talented and they need what he has to offer on the field in order to win.

This intellectually dishonest standard is not restricted to pro football. Voters want ethical and honest elected representatives, unless they keep taxes low and deliver goodies to their neighborhoods. Corporations want executives with character too, unless a manipulative, deceitful, scheming whiz makes the company’s profits soar. The student with great promise will be excused or merely admonished for offenses that a school will suspend lesser students for.

The well-documented human tendency to endure unethical conduct from high-level performers while holding less gifted and accomplished individuals to higher standards of character serves to undermine ethics generally, confirming as it does the principle that the prettier, smarter, richer, more powerful, more famous you are, the less obligated you are to care about others, do the right things, or obey the rules.

For this is the Star Syndrome. In the coming months and years, Ethics Alarms and its readers will encounter it often. Continue reading →

Roman’s Rule, Guam’s Peril and Rep. Johnson: No Minimum Standards of Competence For Congress

/ Jack Marshall / 4 Comments

Ever since I saw the video of Congressman Hank Johnson (D-GA) declaring his anxiety over the possibility that the island of Guam will “tip over” and “capsize,” I’ve been wrestling with the question: Shouldn’t there be some minimum level of intelligence and competence for members of Congress? I’m not considering anything lofty here, but a man whose vote helped pass a health care bill of unprecedented complexity that will affect every American just revealed that he thinks islands are like icebergs or floating trash can covers. This suggests that he may be subject to many other misconceptions, since he has apparently never read a newspaper, much less watched a National Geographic special. Not to be unkind about it, but such a statement, uttered on television for all the world to see, is prima facie evidence that he is an ignorant dim-wit. Whatever a safe and responsible cut-off point would be for admission to Congress, can we agree that fearing the capsizing of Guam would put one well below it? I don’t know about you, but I’m a little frightened. Continue reading →

Ethics Hero: University of Wisconsin

/ Jack Marshall / 4 Comments

I am not 100% certain that the University of Wisconsin’s complaint about Nike’s responsibilities is fair. The important thing is that the University has thought the matter through, decided what the right thing to do is after serious analysis, and is taking principled action.

The Universityhas cancelled its licensing agreement with Nike to protest what it considers Nike’s inadequate efforts to help laid off workers in Honduras factories that make Nike products. Two factories that abruptly closed, both Nike sub-contractors, have not paid the $2.6 million in severance required  by Honduras law.Under The school’s Code of Conduct commits the 500 companies that make products bearing the University of Wisconsin logo to take responsibility for their subcontractors’ actions. In rejecting Nike, Wisconsin will be forfeiting royalty income from its Wisconsin products. Continue reading →

Apology: How I Became an April Fool and an Ethics Dunce

/ Jack Marshall / 37 Comments

I’m not going to spin this. My conviction that the web hoax engineered by trial lawyer/blogger Eric Turkewitz violated the legal ethics rules was the product of a toxic mix of factors, prime among then being that I didn’t review my own files. When I finally, after nearly two days of answering complaints when I should have been hitting the books, checked the Rules of an ethics bellweather state that I often work in but had not for longer than usual, I read this:

RULE 8.4 Misconduct

It is professional misconduct for a lawyer to:

…(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation which reflects adversely on the
lawyer’s fitness to practice law;

This is an unusual version of Model Rule 8.4; indeed, the only other state to have adopted it (I think—I am no longer sure of much) is Wyoming. Yet it is a very useful variation of the Model Rule, because it eliminates all ambiguity about whether “dishonesty, fraud, deceit or misrepresentation” is meant to be as sweeping as it sounds. This formulation makes it clear that non-legal practice violations are covered, but that they have to reflect adversely on the lawyer’s fitness to practice law to qualify.

I had been wallowing in obscure clues from other jurisdictions–Tennessee, for example, which has the ABA wording but an odd Comment that begins…

[4] Paragraph (c) prohibits lawyers from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. Such conduct reflects adversely on the lawyer’s fitness to practice law…

This could be taken to mean that all such conduct reflects adversely on fitness. The problem is, I don’t believe that, and I don’t believe that Tennessee means that.

The 8.4 version that I found was from…Virginia. Where I live. Where I have done more ethics CLE than anywhere else, beginning before the state even adopted the Model Rules format. Seeing this, two conclusions were unavoidable:

1. This is the predominant way jurisdictions think about 8.4. No state has rejected Virginia’s approach, and several have referenced it in Legal Ethics Opinions on the topic of what kind of non-legal practice-related conduct is covered by the Rules—-not subject to discipline, as I was arguing the past two days, but covered at all. The D.C. Bar has such an LEO, number 323, from 2004. I had a copy on file. The District of Columbia, where I’m a member of the bar.

2. I had made a big and inexcusable mistake, and compounded it by acting like the King of the Jerkwads. Continue reading →

New Vistas in Cruelty, Bigotry and Segregation in Itawamba County

/ Jack Marshall / 1 Comment

The last we heard about Constance McMillan was that the school  district in Itawamba County, Miss. had cancelled the senior prom rather than allow the teenager, who is gay, to attend wearing a tux and escorting a girfriend. A court challenge achieved a ruling that the District could not bar Constance from attending her prom,  but the  judge declined to compel the District’s prom to go forward when he was assured that a parent-sponsored replacement prom was being organized.

Now we learn, from Constance, that she and her date were sent to a country club in Fulton, Miss., to attend what they were told was the prom, but when she arrived she discovered that only that five other students were there. Continue reading →

Accountability, the Phoebe Prince Suicide, and the Golden Rule’s Limitations

/ Jack Marshall / 35 Comments

Sometimes the application of the Golden Rule actually leads us away from an ethical result.

The suicide of a 15-year-old South Hadley, Mass girls who had been the victim of bullying and web attacks by fellow students continues to be framed as the failure of school administrators to protect the girl. What the school knew and when they knew it is the object of current investigation and controversy, but there is an inherent public and media bias in such cases that is rooted in laudable ethical motivations, indeed, it is rooted in the Golden Rule. But that bias often results in unfairness and injustice. Continue reading →

The Ethics of Unethical Ethics Teachers

/ Jack Marshall / 5 Comments

An essay by lawyers Joel Cohen and Katherine A. Helm begins with this story:

“Noted ethics philosopher and Nobel Laureate Bertrand Russell once was questioned by the Harvard Board of Governors about having an extramarital affair with a student. When faced with the hypocrisy of being an ethics professor engaged in immoral conduct, Russell argued his private affairs had nothing to do with his professional duties. “But you are a Professor of Ethics!” maintained one of the board members. “I was [also] a Professor of Geometry at Cambridge,” Russell rejoined, but “they never asked me why I was not a triangle.”‘

The authors use the anecdote to explore the issue of whether proven ethics miscreants like Eliot Spitzer, Rod Blagojevich and disbarred class action lawyer William Lerach ought to be lecturing, speaking, or otherwise being listened to in regard to their opinions and advice on ethics. After all, acting teachers are often indifferent actors, and the best baseball managers weren’t much as players. Why should ethics be any different?  Continue reading →

Of Interns, Heroes, and Hoaxes

/ Jack Marshall / 11 Comments

Intern exploitation: The New York Times explores the burgeoning practice of using unpaid interns, exploiting college students and graduates desperate for experience by “allowing” them to do menial office tasks without even minimum wage compensation. It is a perfect scheme, really: the student doesn’t want to burn bridges, so doesn’t complain, and the company avoids hiring a worker. The problem is that it is dishonest and unfair, as well as illegal.

Remembering Ethics Hero Jerry terHorst: J. F. terHorst has died, and though he was a distinguished reporter, what made him an Ethics Hero was one act of principle unrelated to reporting. Continue reading →