History

A Professional Ethics Case Study…From Broadway

/ Jack Marshall / 9 Comments

Before you read the post, can you guess who that actor is in the Afro?

Lately I’ve been helping a lot of lawyers seeking to create so-called Rule 5.4 law firms in the District of Columbia. In these firms, unique to the District, non-lawyers can be full partners. This means that they can share in the firm’s fees, which is something otherwise forbidden and a major ethics breach in the 50 states. Lawyers cannot, must not, dare not share their fees with non-lawyers…unless those non-lawyers are partners in the same firm.

There are certain requirements for that to happen, and the main one is that the non-lawyers must be supervised by a lawyer in the firm to ensure that the non-lawyers don’t engage in conduct that would be unethical for a lawyer.  The legal profession is justifiably wary that the unique priorities of the legal profession cannot be easily absorbed or understood by those who have been trained and influenced in a different culture.

It is right to be wary. Lawyers have enough trouble avoiding violations of their own rules; doctors, accountants and others, steeped in different alignments of values, can’t just shift gears like suddenly being in a law firm is like test driving a sports car. For so-called “non professionals,” a category that is increasingly contentious, it may be even harder to adjust, if not impossible.

Lawyers are often  overly optimistic about their non-lawyer partners’ ability to learn the importance of keeping all client confidences, not crossing over into the unauthorized practice of law, sensing possible conflicts of interest and illicitly soliciting clients, or engaging in misrepresentation and deceit, to name just a few. Lawyers tend to think that all professional ethics should be fungible. It’s a dangerous misconception, and there is a little cautionary tale from, of all places, Broadway, that illustrates it.

It has been mostly forgotten, but in 1969, a musical called“Buck White” opened at the George Abbott Theater. Its unlikely star: draft-resisting ex-heavyweight boxing champion Muhammad Ali.

Yes, you read that correctly. Continue reading →

Let Us Have A Moment of Appreciation For The Rude, The Vulgar And The Defiant, For They Are America’s First Line Of Defense Against Totalitarianism

/ Jack Marshall / 28 Comments

Oh, how I love this about Americans!

New York Mayor Bill de Blasio announced a new program to help protect New Yorkers against the Wuhan virus outbreak. It’s quite straightforward, really: report your neighbors to authorities.

“We still know there’s some people who need to get the message,” the city’s socialist mayor said on Twitter.  “And that means sometimes making sure the enforcement is there to educate people and make clear we’ve got to have social distancing.”
The simple solution, he explained is to snap a photo of an offending person or crowd, set the location on the image, and  “text it to 311-692.”

“Action will ensue,” de Blasio promised.

History has taught us that governments seeking to bend the public to its will “for the greater good” usually seek the cooperation and participation of citizen lackeys eager to ingratiate themselves with their ascendant masters. Fortunately, the United States was settled and created by people who came here to escape presumptuous tyrants and oppressive governments not of their choosing. The contrarian RNA and traditions run deep, and it always gives me a thrill to see that while they may have been diluted a bit over time, in the face of those who either do not comprehend this nation or do not respect its unique values, the old defiance flames forth. Continue reading →

When Ethics Alarms Don’t Ring Because You Never Were Taught About Nazi Germany

/ Jack Marshall / 16 Comments

In Montana, the Valley County Health Department sent out a flier to businesses decreeing that all essential workers from outside the county must wear pink armbands or bracelets signifying their quarantine status in order to shop in the county. Anyone not wearing a pink armband, the flyer said, would be reported to police.

If that graphic is too blurry for you, it reads in part,

Anyone who is from out of town or out of Valley County who has a PINK wristband has been here 14 days or more and no longer needs to do the strict self-quarantine. They may enter your business. Anyone who is from out of town or out of Valley County, staying here/working here, and has not completed the 14 day quarantine is REQUIRED BY THE VALLEY COUNTY HEALTH OFFICER ORDER to use curbside delivery only. They are not to enter your business to shop.

Boy, that reminds me of something. What is it? It’s right on the tip of my tongue…something to do with..is it the Holocaust? Could that be it? No, it can’t be. No health department would be that stupid, would it? Especially when mayors and governors around the country are being accused of having a “Who’s the best dictator?” competition? Would it? Really?

Here’s the Nazi badge code, in case you can’t read German: Continue reading →

Monday Morning Ethics Warm-Up, 4/20/2020: Phantom Patriots Day Edition

/ Jack Marshall / 31 Comments

The Battle of Menotomy, April 19, 2020.

“One if by land, and two if by sea
And I on the opposite shore will be
Ready to ride and spread the alarm
To every Middlesex village and farm
For the country folk to be up and to arm!”

Today, the third Monday in April,  is supposed to be Patriots Day in Massachusetts (and  few other states.) It absolutely should be a national holiday, as it celebrates the battles of Concord and Lexington as well as the rides of Paul Revere and his fellow messengers the night before. I typed the excerpt above from Longfellow’s “Paul Revere’s Ride” from memory; I wonder how many students today  have even heard of the poem, or Concord and Lexington, for that matter.

The original holiday was on April 19, the date of both battles, but Arlington, Massachusetts, where I hail from, was actually the site of a bigger battle than either on the same day. On their way back from Concord after being soundly beaten at the bridge, the Redcoats marched through the town of Menotomy (Arlington now), where 5,100 militia men from surrounding towns had gathered after, unfortunately, the British had marched through the Menotomy on the way to Lexington Green with little resistance.  The volunteers, stationed around houses, stone walls, fields and barns, did considerable damage to the already limping British in the fighting that followed, but Arlington residents have always been a bit sheepish about the timing of the fight, and historians regard it as  anti-climactic following the tragedy at Lexington and the surprise victory at Concord.

Patriots Day is a big  deal in Boston, where the Boston Marathon is run annually on that date. The Red Sox also play a unique 11 am game, so spectators can leave the park and watch the finish of the race. All gone this year, of course.

That doesn’t mean that we shouldn’t remember, and honor, the heroes, victims and events of 1775 that made the United States of America possible.

1. This is the kind of thing that will lead to serious back-lash against the pandemic dictators. The city of San Clemente was alarmed that some teens, bored with pplaying video games all day, every day, continued to skateboard in a local skate park despite orders that all parks be closed. Its solution?  Fill the park, at taxpayer expense, with 37 tons of sand. The money to build the park was raised by a nonprofit coalition of local families who wanted a place for their kids to be able to skate safely, and they were not even notified that the park would be filled with sand, according to KCAL-TV. Continue reading →

From The Ethics Alarms Archives: “The Siena Research Institute’s Lousy Independence Day Gift: Misleading, Biased and Incompetent Presidential Rankings”

/ Jack Marshall / 8 Comments

Now and then an old post suddenly get a lot of clicks. Often this will draw my attention to an essay I had forgotten: such was the case with this post from 2010. Someone on Reddit put it up for discussion, and last week the old post had hundreds of views. I was intrigued and re-read it. Good post!

I would change a few observations—in the intervening years we have learned that Woodrow Wilson was even worse than I thought—and add some, but the post was long, and a thorough evisceration of this embarrassing survey’s results would require a book.

***

The Siena College Research Institute persuaded over 200 presidential scholars to participate in a survey designed to rank America’s forty-three Chief Executives. There is great deal to be leaned from the resulting list that the Institute proudly released on July 1; unfortunately, very few of the lessons have anything to do with the men on it.

The list shows us that:

  • A survey is only as good as its design
  • Historians who call themselves “presidential scholars,” working together, could do no better in their supposed area of expertise than to arrive at a ranking that would get most 7th Graders a C in junior high school History, raising serious questions about how history is taught in our universities, but perhaps explaining why Americans choose to be so ignorant of their nation’s past.
  • Historians are, as a group, biased toward liberal causes, against conservatives, and in favor of people who are like them.
  • They are unable to recognize their biases, even when a list like this one makes them stunningly obvious.

Lists are mostly for fun and to start arguments. When one purports to make historical judgments, however, and the individuals doing the judging are supposed to be experts, there is still a responsibility to try to do the task fairly, competently, and responsibly. Continue reading →

First They Came For Tiger Lilly, And I Said Nothing. Then They Came For The Land O’Lakes Girl…

/ Jack Marshall / 33 Comments

(Actually, I did say something about Tiger Lilly…)

Well, it finally happened. Land O’Lakes  capitulated, as spineless corporations are wont to do, to silly and contrived political correctness bullying and is sending its iconic Land O’Lakes Indian Maiden logo to the Happy Hunting Ground. The comely illustration that has appeared on  containers of butter and margarine since 1928 will be replaced by photos of real Land O’Lakes farmers and co-op members, along with the phrase “Proud to be Farmer-Owned,” according to a company release. Gee, what fun.  As I wrote here, the company had already eliminated the logo’s famous capacity for sophomoric snickers in 2018…

“…so you could no longer do the “boobs trick” by folding the package just right and making a little flap on the butter package that  young Elizabeth Warren or whatever her name was held that when raised  would show her oddly shaded knees as something less pedestrian. Why they would bother papering paper over one of the longest-running and most famous commercial artist gags ever after decades, I don’t know. In its day, the gag was considered obscene, but by 2018 it was Americana. I had an uncle who kept one of the risque package cut-outs in his wallet.”

(You can see how the gag worked at the link.) Continue reading →

Morning Ethics Warm-Up, 4/13/2020: The Muppets And The Sausage King, Covidiots In A Drive-By, And Trump Still Isn’t Hitler

/ Jack Marshall / 13 Comments

Good morning!

The nice thing about a miserable rainy day like the one we’re getting in Alexandria is that it makes one glad to be stuck at home…

1. Book reviews I didn’t finish reading…In fact, I never got past the first sentence of the review of “Hitler’s First 100 Days” by Peter Fritzke. The title of the review is “How Hitler Transformed a Democracy Into a Tyranny,” so I suspected this would be in the metaphorical wind” the review begins, “How does the rise of Hitler look since the rise of Donald Trump?”

The Times book reviewer is an Oxford professor of history.  This is a particularly asinine opening for a book review now, when the President is being regularly criticized for not being autocratic enough. One would think that of all the Big Lies the news media has been broadcasting since November 2016, “Trump is Hitler” would have  revealed itself as the most contrived. The “resistance,” however, is at war with reality as well as democracy.

I’ve got the online version of the review right here—let me skim it quickly to see if the actual book contains any discussion of the Trump administration at all. Let’s see…apparently not, which isn’t surprising since this is a book entirely about Germany. Nonetheless, the reviewer—what happened to the British?—makes this observation toward the end:

“This use of theatrical choruses was innovative 90 years ago, but making such agitprop sound snappy to a contemporary ear is tricky. As Fritzsche describes a rally where the speaker railed against the Weimar system and its politicians, he translates the audience’s chorus as “Hang them up! Bust their ass!” The pre-echo of “Lock her up!” is audible.”

Audible to you, perhaps, you jackass. First, the use of crowd chants in political rallies and during speeches was ancient and a standard device when the Nazis employed it. Second, there is no similarity at all between the ominous Nazi chant and “Lock her up!” The Nazis were advocating executing and beating up those who opposed them, and they did just that.  “Lock her up!,” while still ugly, was a direct reference to that fact that Hillary Clinton had deliberately broken national security policies for her own benefit, and was counting on, as usual, skating clear of punishment—which, in fact, is exactly what happened. Continue reading →

Comment Of The Day: “Easter Sunday Ethics Warm-Up, 4/12/2020: Missing The Easter Bunny”

/ Jack Marshall / 24 Comments

In today’s Warm-Up, I expressed my problems with Mark Tapscott’s blog post, titled “He Is Risen! Eight Reasons To Believe.”

To summarize the thrust of my criticism as I reiterated it in my replies to his comment and others, Mark argues persuasively that the authors of the Gospels were, at least in this case, trying to tell the story as they heard it, and were not trying to embellish or distort it in the telling to make it more credible in its time. Good. That does not mean, however, that the story they heard is in fact true. The post was also aimed in part at debunking conspiracy theories about the Resurrection being a hoax. Taking Mark’s argument as that, and that alone, it is also persuasive. However, proving something was not intentionally false does not prove it is true.

I will do this however: at the end of my discussion, I said that I regarded Mark’s argument as a tautology, where a controversial document is cited to prove the accuracy of the document itself, and that I regarded that device as intellectually dishonest. Mark’s response persuades me that my  assessment was unduly harsh and unfair, and I both retract and apologize to him for it.

Moreover, the fact that he chose to respond in person so quickly reaffirms my original favorable assessment of his professionalism and character.

Here is Mark Tapscott’s Comment of the Day on Item #4 in the post, “Easter Sunday Ethics Warm-Up, 4/12/2020: Missing The Easter Bunny”:

First, thank you for your kind words regarding my secular writing. I hope that my work in that area continues to merit your approbation. We are, as I believe Confucius is reputed to have said, “cursed to live in interesting times.”

Unfortunately, my reaction is not nearly so positive regarding your critique of my post on eight reasons to believe Jesus was literally resurrected from the dead three days after His crucifixion, just as He said He would be.

“Intellectually dishonest” and tautological? With all due respect, your readers deserve more candor than that from you. You accuse me of these two errors because: “All of his reasons are based on New Testament text. If one believes that the New Testament text is true and accurate, then you don’t need any more reasons. His is a self-ratifying argument.”

If my post was simply arguing for the credibility and historical accuracy of the New Testament, your statement might well more accurately represent what I wrote. I did indeed assume the accuracy of the New Testament accounts of Jesus’ resurrection, but the eight reasons I offered concerned characteristics of the scriptural accounts and events that point a reasonable reader to their credibility. Continue reading →

Movies To Keep You Happy, Inspired And Optimistic, Part II

/ Jack Marshall / 26 Comments

Another boring weekend approaches, so it’s time to finish this project.

Some further clarifications on this continuing list: it’s not a list of my favorite films by any means. The criteria is, as the title above would suggest, the emotions the film leaves you with, or that well up inside your earthly vessel during the film. One reader reacted to the first list by dissing “Rocky,” but here’s the point: when I first saw that film in a stuffed theater, and the movie reached the part in the climactic fight when, after seemingly being out-boxed and outclassed by the champion Apollo Creed, Rocky sees Creed lets his guard down for an instant and , dazed and bleeding, suddenly hits him with a series of the body blows we had seen him practicing on sides of beef . The crowd in a Philly bar goes bananas, and the audience in the theater went bananas too, only louder, cheering and applauding. I’ve seen a lot of movies, and I can count on the fingers of one hand the times I’ve witnessed that kind of spontaneous eruption of excitement and elation from an audience.

I also have to explain why what anyone here knows are my four  favorite comedies don’t appear. They just don’t fit the theme, that’s all. They make me laugh, pretty much every time, but they can’t be called inspiring by any normal definition of the word.

Here’s the second half of the list:

Sea Biscuit (2003)

I’m not a horse enthusiast,nor a fan of the sport of kings, but this is a wonderful story, and mostly true.

Star Wars (1977)

Oh, all right..

Sleepless in Seattle (1993)

And so much better than the stupid movie it evokes, “An Affair To Remember.”

Angels With Dirty Faces (1938)

The only movie ever where a guy’s walk to the electric chair makes you smile..

Spartacus (1960)

Maybe my favorite story out of history ever, plus Cory Booker’s favorite scene…

The Wizard of Oz (1939)

Obligatory.

To Sir With Love (1967)

The list needs an inspirational teacher movie (and only one) so I pick this one. Lulu’s song scene makes the difference.

Bells Are Ringing (1960)

Probably the least seen or appreciated film on the list. But Judy Holiday radiates the joy of performing and the genius of a comic pro here like few others, and attention must be paid. Forget that it was her last movie…

As Good As It Gets

One of the best romantic comedies ever, and one of the strangest. Plus an incredibly cute dog… Continue reading →

Insomnia Thoughts On Tip-Baiting, And A Poll

/ Jack Marshall / 33 Comments

Pop quiz: What does Grover Cleveland have to do with the Wuhan virus?

Unfortunately, this is how my mind works…

Something about last night’s post on the despicable practice of tip-baiting to lure financially desperate Americans to go grocery shopping for the tippers bothered me, and I couldn’t quite figure out what it was. The thought that I was missing something kept churning in what I laughably call my brain (my wife calls it an ourdated hard drive that has never been cleaned of junk, cookies and malware and is going to crash any day now). It kept me awake tonight: I’m at my keyboard out of desperation. Weirdly enough, I kept thinking about the Civil War. Why was that? There had to be an ethics connection somewhere.

Ah HA! Got it. Continue reading →