Ethics Quiz: My Father’s Dream Prank

My father, Jack A. Marshall Sr. was always remarkably fatalistic about death, much to the chagrin of my mother. She was never amused when he repeated his supposed desire to be displayed sitting in a chair, eyes open, at his wake with a metal plate in the floor in front of his casket that would trigger a recording when mourners stepped on it. Then a recording would boom out in his voice saying, “Hello! I’m so glad that you came!”

Dad was half-kidding, but only half. My father hated the solemnity of funerals and found open casket wakes barbaric. Yet I have to believe he would have been secretly honored by the send-off the military gave him when he was buried at Arlington, with the horse-drawn caisson, the riderless steed and the 21-gun salute.

Today I learned that someone actually carried out my father’s threatened posthumous prank, but even in worst taste than what he proposed. The Wills, Trusts, & Estates Prof Blog reveals that Irish grandpa Shay Bradley, a Dublin native, arranged that after his death in 2019 a recording of his voice would be played at his funeral from inside his grave. Mourners heard repeated banging noises that sounded like they were coming from the interior of the coffin. “Hello? It is dark in here! Let me out! I can hear you! Is that the priest I can hear? I am in the box, can you hear that?” his voice could be heard shouting, in apparent panic.

Hilarity ensued.

Your Ethics Alarms Ethics Quiz of the Day:

Is executing such a prank at a funeral ethical?

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Friday Open Forum, Halloween Edition

I have a two-hour Zoom ethics seminar to teach this morning as lawyers who have waited until the last minute to get their ethics CLE credits in will be counting on me to rescue them.

Please help me out by leaving some ethics treats here at the open forum.

Meanwhile, if you have access to Disney+ and haven’t seen the “The Legend of Sleepy Hollow” segment of the Master’s “Ichabod and Mr. Toad” since you were a tot (or ever), I recommend it highly. The first segment (an adaptation of “The Wind in the Willows”) is also excellent but not Halloween-themed.

Ethics Quiz: Fairness to AOC

Ethics Alarms only covers a fraction of the statements by prominent people that prompt the response, “What, if anything, were they thinking?” For example, I was torn today whether to mention Kamala Harris saying in a recent interview (with Axis journalist Kara Swisher, whom I have been calling out for her hackery for 30 years) on her book tour (What were they thinking to send Kamala out on a book tour?), that “some have said” that she was “the most qualified candidate ever to run for President.” Because Swisher is such a hack, she didn’t have the integrity to burst out laughing and tell Harris, “Oh, Kamala, you are so funny!” Yeah, and some have said, “I am the Lizard King!” and “Of course dogs can talk, they just don’t have anything to say!” Maybe, MAYBE, and I am giving her the benefit of the doubt here, Harris was only the second least qualified Presidential candidate of a major party in U.S. history. But I digress.

In last night’s predictably horrifying town hall meeting on CNN featuring American communist Bernie Sanders and Dunning-Kruger victim Rep. Alexandria Ocasio-Cortez (D-NY), AOC went for the Gold and may have said the stupidest thing that not only she has ever said in public but perhaps the stupidest thing any elected official has said in public, though Rep. Hank Johnson expressing a fear that so much U.S. military personnel and equipment on the island of Guam might cause it to “tip over” creates a daunting challenge.

Ranting in her usual pop-eyed hysterical style about how evil corporations were polluting the nation and that “rivers were on fire” because they were “pouring chemicals” into waterways and killing people, AOC was quick to name the first corporate villain to pop into what she audaciously calls her “mind.” Was it Monsanto, mayhap? Dow Chemical? Dupont? LyondellBasell Industries, the largest U.S. chemical company? Oh no. The Congresswoman, regarded by many pundits as the rising leader of the Democratic Party, has bigger game in her sights, and she immediately, without hesitation, named the vile polluter.

“Deloitte.”

Yes, the accounting firm. I’ve been trying to think of a company that she could have named that would be less guilty of pollution. The Boston Red Sox? I dunno, the team flies a lot. Hey, but anyone can make a mistake. Right? It was just a “speako.” It isn’t really evidence that Ocasio-Cortez doesn’t know what the hell she is talking about half the time, is it?

Your Ethics Alarms Ethics Quiz of the Day:

Is it unfair to hold such an obvious brain fart against AOC?

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From the Res Ipsa Loquitur Files: The President’s Quick Quip

Two permanent fixtures of the Trump Derangement narrative are:

  • President trump has no sense of humor.
  • President Trump is slipping into dementia (like Joe Biden), and should therefore be removed via the 25th Amendment.

Both of these are demonstrably false, even absurdly false. Demented people don’t have the quick wit to pick up on a straight line like that. And Trump even had the sense to “go out on the big laugh,” as the old vaudevillians used to say. When you get a big laugh, it’s time to end your appearance.

That incident today doesn’t prove that this President is wise, right, responsible or even well-intentioned. But the fact that the Axis of Unethical Conduct that has been working without pause to destroy Donald Trump since 2016 may be explained by another fact: that their hate and bias makes it impossible for them to avoid underestimating their foe.

As Sun Tsu said (but in Chinese), “There is no greater danger than underestimating your opponent….Never underestimate your opponent or your enemy. Looks can be deceiving. You really don’t know what your opponent knows or what kind of skills he or she may have.” In the same vein, Machiavelli’s writings also repeatedly warned against underestimating an opponent, and to assume that your adversary is “always capable and cunning.”

The ethics values at issue here are competence, prudence, objectivity, professionalism, respect, fairness, and perspective.

Morons…

The Trump-Epstein Statue Mini-Ethics Train Wreck

[Before I return to my own blog after circumstances beyond my control left me unable to post for most of yesterday, I want to thank the EA commentariate for coming through with a stellar performance on yesterday’s emergency Open Forum. I expected nothing less, but the range of posts and topics was dazzling.]

I missed the Mall statute controversy until this morning. Here is the statue, which was only on display for a day before the National Park Service took it down:

Nice.

A permit for the thing was approved on September 16, and originally authorized the disparaging statue to remain on display at the National Mall until 8 p.m. ET this coming Sunday. A plaque beneath the bronze figures of the late convicted pedophile and sex trafficker and the President of the United States read: “In honor of friendship month, we celebrate the long-lasting bond between President Donald J. Trump and his ‘closest friend’ Jeffrey Epstein,” followed by a silhouette of two hands making a heart shape. The stated purpose of the artwork was “to demonstrate freedom of speech and artistic expression using political imagery.” That was deceit. The purpose of the statue was to promote the desperate Axis talking point that President Trump was involved in Epstein’s criminal activities, of which there is no evidence whatsoever and has never been any evidence.

Again, nice.

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I May Have To Retract My Official Dislike of Memes in the Wake of the Charlie Kirk Assassination Ethics Train Wreck…

The internet memes below mocking the Axis of Unethical Conduct response to the Charlie Kirk assassination and the hypocrisy of its Jimmy Kimmel firing protestations are devastating. I’m wrestling with myself not to post them all to Facebook with the legend, “Suck on this, you deluded fools!” just to watch about 250 Trump-Deranged Facebook friends’ (including poor Curmie) heads blow-up, and have them all unfriend me, thus ensuring that I live out the rest of my days lonely and unloved, but satisfied.

The conservative Powerline blog, under the administration of lawyer John Hinderaker, provides a collection of the best of the week’s memes every Saturday. He has taken over the feature since his original Meme Master quit or left or died or something, and it hasn’t been as exhaustive or as reliably hilarious since, but this one, dubbed the “The Week In Pictures: Party of Peace Edition,” is a classic: funny, merciless, and best of all, true. Not every meme included is a gem, but from the documented hypocrisy of Kimmel himself and his defenders, to the joy of watching the Left turn on Disney, to, oh, so much more that is nauseating as the “party of peace” tries to spin its way out of its accountability, collectively they deliver a…well, let the Duke illustrate:

I’m still wrestling…but in the meantime, below are the featured Kirk-Kimmel memes. They have many uses: if your Trump-Deranged relative or freind can’t see these and admit that they raise legitimate points, call 911. The whole thing is here.

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Open Forum, and a Note Having (almost) Nothing to Do With Ethics

It’s Friday, time for the last Open Forum of the month, and my infected leg is much better, thanks, so EA should be returning to normal soon.

Probably not quite to normal, because from now until mid-September all of my nights and weekends will be occupied as I return to my theatrical side, in mothballs for a decade, to direct and write a musical revue to celebrate the 50th anniversary of the Georgetown Law Center Gilbert and Sullivan Society, the only student-run theatrical organization at an grad school in the country. Alums will be flying in from all over; the show itself is going to have a student-alumni cast of more than 70, and it promises to quite an adventure.

I’m overseeing the show because I unwittingly started the tradition with a guerilla production of “Trial by Jury” when I was a first year student, directed the next six yearly shows after that, and have returned to the scene of my former triumphs (that’s a Gilbert quote: which show?) for the 20th, 30th, 40th and now 50th anniversary blow-outs (actually this is the 52nd anniversary because of two postponements.)

That’s a cast photo from the 1977 production of “H.M.S Pinafore” that I directed in GULC’s Hart Moot Courtroom above. (Can you spot me?)

The lesson of this saga is that you never know what the things you do in life will prove to be most significant. That organization has launched successful show business careers, sparked romances, marriages, and lifetime friendships, changed the culture of the school, and made many thousands of people laugh and cheer over the course of over 150 productions including the G&S canon, Broadway musicals, dramas, comedies, Shakespeare, and a production of “Twelve Angry Men” (my first) that is credited with starting the process of turning the classic movie into a successful stage show.

Me, I was just trying to address my boredom with law school and had no idea what I was starting. Yet if I get squished by a piece of space junk tomorrow, I’m pretty sure that theater organization will be my most lasting legacy.

Go figure.

But that’s enough about me. Time to write about ethics…

I’m Sorry, But EA Cannot Resist the Saga of the Indignant Rhode Island Prosecutor

The now viral video above pretty much says it all, but the episode warrants special notice.

Special Assistant Attorney General Devon Flanagan, was arrested for trespassing on August 14, and in her many recorded protests, including a variation on the infamous “Do you know who I am?” lament, earned not only social media immortality but probably a lifetime of ridicule. She was arrested for trespassing outside the Clarke Cooke House restaurant in Newport, ludicrously calling out “I’m an AG! I’m an AG!” as well as “You’re going to regret this! You’re going to regret it!” as she put in the back of a police car.

It is believed that alcohol was involved. She also told the officers that they were obligated to turn of their bodycams if a citizen demanded it, which was, as one of the officers sagely observed, “bullshit.” Flanagan has been suspended in the wake of the incident. Presumably she will be fired.

Rhode Island Attorney General Peter Neronha called her conduct “inexcusable.” Ya think?

“I’ve got 110 lawyers. She embarrassed all of them,” Neronah said. “It’s just really hard to find and keep capable lawyers, and so I just have to think really carefully about this one. But no question there will be a strong, strong sanction here.”

It’s really hard to find qualified prosecutors who don’t get drunk and make fools of themselves in public? Interesting.

“I’m not sure what she was thinking. Clearly, she was not thinking straight,” Neronha said.  “She’s humiliated herself. Regardless of what happens vis-a-vis her employment with us, she’s going to have a long time coming back from this,” he added. “It’s just really unfortunate.”

Mark this down as just one more chunk taken out of the public’s trust in our justice system. On the bright side, “I’m an AG!” may have some staying power. much like “Let’s go Brandon!” For example…

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I Guess, This Being An Ethics Blog, I Have To Post On “Coldplaygate.”

Social media has gone bonkers since last Wednesday night, when Andy Byron, the married CEO of New York-based software development company Astronomer, was caught by a “Kiss-cam” cuddling Kristin Cabot, the company’s head of human resources, on the Jumbotron at a Coldplay concert at Gillette stadium in Foxborough, Mass. When the two realized they were on camera, they went out of their way to look as guilty as possible, pulling apart, with her turning her back on the camera and him ducking out of view.

Morons. When you are caught beyond escaping, life competence dictates that you must have the presence of mind to maintain whatever shred of dignity you may have left. (Practice helps.) The couple’s futile efforts at a cover-up prompted Coldplay front man Chris Martin to say from the stage: “Either they’re having an affair or they’re very shy.”

Then the clip gained millions of hits on X, TikTok and Instagram, so it was easy to identify the illicit lovers. Astronomer announced that it had put Byron on leave, saying, “Astronomer is committed to the values and culture that have guided us since our founding. Our leaders are expected to set the standard in both conduct and accountability.” Over the weekend, Byron resigned.

The incident is an instant classic, which means people will remember it longer than the usual day-and-a-half. The Philadelphia Phillies made fun of the scandal by screening a video on the Jumbotron during Friday night’s game showing the team’s mascot Phillie Phanatic in an embrace with a fuzzy green companion. Commemorative merchandise, such as a sweatshirt bearing the legend “I TOOK MY SIDEPIECE TO THE COLDPLAY CONCERT AND IT RUINED MY LIFE” can be purchased online.

Ethics notes…

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From the Res Ipsa Loquitur Files….[Updated]

That’s one of the anti-Musk “exhibits” displayed by Rep. Melanie Stansbury (D-NM). Yes, she’s an Incompetent Elected Official. (I can’t wait for her to scream “Those budget figured don’t add up!”) Yes, she’s an embarrassment. Yes, she’s an idiot. [Special thanks to long, LONG-time commenter Neil Dorr, who informed me who the math genius was.]

Before I proceed, HIT IT, L’il Abner and Marryin’ Sam!

Rueful observations…

1 And they wonder why American trust in our government institutions is falling…

2. If Democrats can’t find a legitimate poll to justify their positions, they just make one up. That is proof right there…

3. Even if that chart were not completely incompetent, dishonest and absurd, how is a poll on what DOGE is doing and has done relevant to anything? All it shows is that the public’s inattentive and gullible consumption of partisan propaganda from news organizations causes it to believe one thing or another. A poll has no bearing on whether a government program or action is wise, effective or necessary.

4. Consider how many government employees had to be lazy, ignorant or stupid (or all three) for that chart to get into the hearing and on TV. We begin with the Congresswoman, of course, then all of her staff and the drones who made the chart.

5. As usual, this is one more indictment of the public school system.

6. The Democrats are doing their damnedest to snatch away the GOP’s longtime title as “The Stupid Party.”

7. The social media wags are having a ball with this one. Example: “I agree with that poll 110%!”

8. Democracy Dies in Cretinism.