Law & Law Enforcement

Robert Bowman Redux, Times Two, But Ohio’s Nicer Than New York

/ Jack Marshall / 14 Comments

For several years I chronicled the frustrating travails of aspiring lawyer Robert Bowman. He was the New York law student repeatedly turned down for membership in the bar by  a panel of New York judges, who determined that he did not have the requisite good character to be admitted to the practice of law in New York because he owed nearly a half-million dollars in student loans. Not paying back financial commitments is one of the specific components of “moral turpitude,” which will block anyone from becoming a lawyer, though it will seldom get one kicked out of the profession after one becomes a lawyer. Go figure. The panel kept rejecting Bowman  because they felt his debt was per se proof of  irresponsible and negligent financial management, making him an unacceptable risk for any client.

A New York bar association subcommittee investigated, and  concluded that far from being of dubious character, Bowman was an individual of “exceptional character,” with unusual perseverance, humility and tenacity. It strongly recommended him for admission to the New York Bar, despite the outstanding debts. Ireaclize now that I never told Ethics Alarms readers “the rest of the story”: Bowman is a New York lawyer now. He finally won his appeal, though the news media, which chronicled his failures, decided that his ultimate success wasn’t newsworthy.

How do I know this? Bowman contacted me himself to tell me. He said he was grateful to all the people who had supported his quest, and was telling each of them, individually, in person.

Now comes the story, also with a possible happy ending, of another frustrated lawyer-to-be with similar issues, this time in Ohio, although I must say that her circumstances seem a bit more difficult to excuse. Cynthia Marie Rodgers (above) is a Capital University School of Law graduate whose Ohio character and fitness application was rejected because she has nearly twice as much school loan debt as Bowman, almost $900,000. Continue reading →

Comment Of The Day: “Sunday Ethics Warm-Up, 3/8/2010: Daylight Savings Time Edition”

/ Jack Marshall / 13 Comments

When Still Spartan is in a substantive commenting mood here attention must be paid, since you never know she will grace us with her perspective again. This Comment of the Day was really a comment on a comment, in this case mine.

I wrote, admittedly hyperbolically, “I will note that the Sanders-Warren-Klobuchar call for free child care for all is meant to ensure that as many kids as possible are raised by non-parents and illegal aliens. And no, I do not think that is a good thing.” While acknowledging that the statement was designed to explode heads, I won’t retract it, as breaking up the close family unit and having children raised beyond the influence of parents is a long-standing tool of leftward conversion, and we have a movement afoot to allow illegal aliens work and frolic here without interference, and the same ideological source places workplace competition with men above parenting as a priority for all women.

However, Still Spartan’s retort was, as usual, well-reasoned and properly sharp. Here is her Comment of the Day on the post, “Sunday Ethics Warm-Up, 3/8/2010: Daylight Savings Time Edition.”

I, incidentally, am half-Spartan. Still.

Comments like this is why I don’t participate fully in this blog anymore. It first assumes that both parents want to work. Even with “free childcare,” the reality is that most households need both parents working to meet bills — let alone trying to save for retirement and their kids’ college. I personally would have loved it if I could have taken a few years off. If we had, we wouldn’t even have been able to make the mortgage payment. Second, it assumes that there is something wrong with both parents working. I am a really good mom, I mean … really good. Yes, that is is conceited to say, but damn if I don’t have healthy, smart, capable, talented, loving, and well-rounded kids. And, as much as I love my mom, I am superior to her in all areas, even though she was a “stay at home” parent. I also can give my children far more than my parents ever could. If my kids are passionate about something (right now it is music and (ugh) ice skating), I get to say, “Yes, we can do that!” I was never able to do any activities or go to camps growing up. And I got to graduate with a ton of debt (which is now paid off thank goodness) because my mom stayed at home? Continue reading →

Morning Ethics Warm-Up, 3/9/2020: Coronavirus Ethics And A Pop Ethics Quiz

/ Jack Marshall / 21 Comments

You’re looking lovely today, I must say! Why haven’t I fallen in love with you yet?

Fortunately, I’m almost always “self-quarantined…”

1. Ethics tales of Covid-19:

  • Ethics Hero: Senator Ted Cruz has just made a point of serving as a role model by self-quarantining in his Texas home because he interacted with a person at the Conservative Political Action Conference who, according to Maryland heath officials, tested positive for coronavirus, . Cruz says  he had only a brief conversation and shook hands with the person, and that  the contact took place ten days ago. Cruz  isn’t experiencing symptoms, and the odds are low that the virus passed to him.

Nonetheless, a public example from a prominent figure of using an abundance of caution can only help.

  • On the other side of the Covid-19 ethics divide, we have the father-daughter pair,  family members of the St. Louis County woman who tested positive for COVID-19 as the first confirmed carrier of the virus in Missouri, who attended a father-daughter dance at the Ritz-Carlton in Clayton, Missouri, after being told by health officials to be like Ted.

St. Louis County Executive Sam Page told reporters that the family understood what they had been instructed to do, and just ignored the directives anyway.

Again I ask, what is the appropriate way to punish people like this? All plagues and epidemics spread this way, with the unhealthy contribution of idiots. Mary Mallon, aka Typhoid Mary, was an Irish cook at the beginning of the 20th Century who kept escaping authorities as an asymptomatic carrier of the deadly disease, and going back to work under false names. At least three deaths are definitely blamed on her; she infected more than 50 people before she was finally placed in isolation for the rest of her life. Continue reading →

From The Trump Campaign, Not Quite A Frivolous Lawsuit, But An Unethical One

/ Jack Marshall / Leave a comment

Is it possible that my ol’ friend Walt is working for the Trump campaign now? Nah, can’t be. But the logic behind the Trump campaign’s defamation lawsuit against CNN has a familiar ring: like the protracted  defamation suit against me by an aggrieved (and banned) Ethics Alarms commenter, the Trump campaign is claiming that opinion in the news media constitutes defamation, and it does not, must not and cannot. Writes Professor Turley in part: Continue reading →

Stop Making Me Defend Woody Allen! And Another Victory For The Illiberal Mob…

/ Jack Marshall / 8 Comments

This blog certainly forces me to defend some  unsavory characters.

Woody Allen is one among the small group of artists who I find so personally repellent that I can’t enjoy their work even while recognizing and appreciating its excellence. That does not mean, however, thatAllen’s work is not important nor that his life and career lack cultural significance. As I wrote here,

“I found myself unable to enjoy any of Allen’s films after he cheated on his de facto wife with his de facto daughter. I also don’t believe in enriching, even indirectly, horrible people in their professional endeavors if I can conveniently avoid it.”

That, however, is a personal choice that I would never impose on others, nor on the arbiters and trustees of culture, as it would be unethical to do so. Thus I wrote, just a few days ago, of Ronin Farrow’s demand that his publishers refuse to hand Allen’s memoirs because he believes his sister’s account that Allen sexually abused her when she was a child,

“I yield to no one in my contempt for Woody Allen as a human being, but he is a major figure in film and cultural history, and his memoirs are of obvious value and interest. Farrow’s publisher’s obligation is to readers and stockholders, not the sensibilities of one author.”

Now we learn that the publishers have been intimidated into dropping Allen’s book after all:

Hachette Book Group on Friday dropped its plans to publish Woody Allen’s autobiography and said it would return all rights to the author, a day after its employees protested its deal with the filmmaker.  “The decision to cancel Mr. Allen’s book was a difficult one,” a spokeswoman for the publisher said in a statement. “We take our relationships with authors very seriously, and do not cancel books lightly. We have published and will continue to publish many challenging books. As publishers, we make sure every day in our work that different voices and conflicting points of views can be heard.”

But she added that Hachette executives had discussed the matter with employees and, “after listening, we came to the conclusion that moving forward with publication would not be feasible for HBG.”

There are those pesky rationalizations again! Oh, it’s a hard decision, so that excuses it from being a bad decision. This is 19 B. Murkowski’s Lament, or “It was a difficult decision” again, which I reviewed yesterday. Next, we get this nauseating sequence, which perfectly embodies 64, Yoo’s Rationalization, or “It isn’t what it is!”

The statement says that “We have published and will continue to publish many challenging books. As publishers, we make sure every day in our work that different voices and conflicting points of views can be heard,’ and follows it up by saying that it will not publish this “challenging book” and thus this different voice and conflicting point of view  will not be heard. Seldom does such complete hypocrisy define itself in the span of so few sentences.

The “difficult” decision that contradicts the company’s stated values results from nothing better than cowardly capitulating to a mob carrying out the goals of cancel culture. In this case, those goals include infringing on free speech and the public’s right to know, if they want to know. Our democratic ideals and the principles enunciated in the Bill of Rights have no chance of surviving if those who own and run companies like Hachette emulate the spineless administrators of educational institutions and dissolve into pools of passive submission every time holding to those ideals and principles threatens to entail a risk of sacrifice or adverse consequences. Continue reading →

Saturday Ethics Warm-Up, 3/7/2020: “Rosie,” Hervis, And An Irish Idiot

/ Jack Marshall / 10 Comments

Mornin’!

Boy, I wish I was in Fort Myers, at the Red Sox Spring Training camp, instead of at my desk, obsessing…

1. Report from the social media wars: The tone among the Facebook Borg has shifted dramatically. The Trump Hate is as strong as ever, but the lack of enthusiasm over Joe Biden is palpable, and the Bernie Bros. clearly see the writing on the wall. The posts by the more rational infected are full of hopes that Joe will be so weakened by age and dementia that he’ll let “good people” run the show. Most troubling of all are the discouraged Warren fans, who appear to have been permanently disabled. Even the fact that Massachusetts Democrats had reached the unavoidable conclusion that she was a fraud and couldn’t be trusted—for a “Favorite Daughter” of a state to finish third in a state primary is almost unprecedented—can’t penetrate those Trump Derangement hardened skulls. A genuine friend, not  a pure Facebook variety, wrote that he had read my “arguments” that Warren was a lying fraud and found them “unpersuasive.” This guy’s a tenured college professor! What I wrote weren’t arguments, they were facts. That the mainstream media  didn’t widely publicize those facts—more people know about the President’s typos than know that Warren lied about being “chased around a desk” by a male superior who was in a wheelchair at the time, or her false spin claiming that she had fought for female plaintiffs in a lawsuit where her client was a defendant corporation—is beside the point. The entire period from Trump’s election to the present has been an experiment is selective perception of reality. Every day now, I have to check my ethics alarms to prevent me from posting an intentionally pain-inflicting message that says to the people who have been trading “likes” and “loves” over daily hate-pieces of various levels of truth and have been excoriating anyone who points out the danger inherent to  efforts to undo an election:

“Your party is going to lose, and lose ugly. It’s going to lose because it rejected democracy, and behaved disgracefully, dividing the nation while accusing the President of exactly the misconduct they were engaging in themselves. And you, the mob, have applauded and cheered while they did this, attacking anyone who tried to bring rationality to the discussion. You deserve what’s coming. You deserve the misery it will cause you. I’m sure you will blame anyone and anything in sight, but it will be your fault for becoming weak, biased, arrogant, and hysterical. I hope that you will learn from the experience, but everything I have seen, heard and read since November 2016 tells me that you will only get worse—more angry, more resistant to non-conforming views, more doctrinaire and totalitarian in your attitudes. You had the intellect to behave otherwise, but lacked the integrity and courage to resist  peer pressure and groupthink. I have no sympathy for you.

2. This is a scam. My wife got an email offer from CVS for a “free gift” if she would fill out a questionnaire. When she prepared to submit it, she discovered that the “shipping fee” for the “gift” would be eight bucks, and would require her to send in all manner of personal information.  She deleted the whole thing having wasted 15 minutes she will want back on her deathbed. Our choices are to encourage the government to regulate this abuse of free speech, to find a way to punish the companies who engage in it, or to ignore these devices in sufficiently large numbers that they try something else less obnoxious, or more effective. Continue reading →

Ethics Dunce: Senator Chuck Schumer [CORRECTED]

/ Jack Marshall / 30 Comments

“I want to tell you [Justice] Kavanaugh, I want to tell you [Justice] Gorsuch: You have unleashed a whirlwind, and you will pay the price.You won’t know what hit you if you go forward with these awful decisions!”

—–Democratic Senate leader Chuck Schumer, sounding like Sonny Corleone, in front of the Supreme Court.

How many ways was this demagoguery wrong, as in spectacularly unethical? Let’s see:

  • Schumer  threatened Supreme Court justices, by name. What does “pay the price” mean, if not, “Just you wait, you’re gonna regret this!”

There is no possible justification for such ominous rhetoric

  • It is an attempt at intimidation as well as  encouragement to others to follow through on Schumer’s threat. This prompted Chief Justice Roberts into a making an unprecedented protest, as he wrote, “Statements of this sort from the highest levels of government are not only inappropriate, they are dangerous. All members of the Court will continue to do their job, without fear or favor, from whatever quarter.”

Perfect.

Even addled Larry Tribe, the former Harvard Law School icon turned mad anti-Trump tweeter and conspiracy-monger, called Schumer’s outburst intolerable, tweeting,

These remarks by @SenSchumer were inexcusable. Chief Justice Roberts was right to call him on his comments. I hope the Senator, whom I’ve long admired and consider a friend, apologizes and takes back his implicit threat. It’s beneath him and his office.

Prof. Jonathan Turley joined the chorus and wrote, Continue reading →

There Are Many Ethics Villains In This Story, But The Boys Put In Handcuffs Aren’t Among Them.

/ Jack Marshall / 52 Comments

In July of 2019, 10-year-old Gavin Carpenter and a friend were playing outside with toy weapons near a Fort Carson, Colorado intersection, acting out a favorite video game scenario. One of the weapons was an an orange Nerf bow that apparently didn’t work.  Gavin had a toy gun with an orange tip. It was also broken. The boys might as well have been using their fingers, or sticks.

As part of the game, they pretended to shoot at passing cars. One driver stopped, and was furious, shouting at the boys, who ran  to a grandparents’ house. The man called the police.  The County Sheriff’s deputies arrived and arrested both Gavin and his friend. They were  handcuffed and taken to the Colorado Springs Police Department for mugshots and fingerprinting.

For pretending to shoot at cars with obvious toys that couldn’t shoot anything. And they were ten.

Gavin was finally released into his parent custody at10:30 p.m. They  hired an attorney to help get the charge expunged from Gavin’s record, but the District Attorney was intent on prosecuting.  The boys were moved into a diversion program requiring community service,writing an essay, and other hoops to jump through. 216 days later, what was charged as Felony Menacing was finally expunged from their records

Now the rogues gallery inhabiting this revolting episode: Continue reading →

Morning Ethics Warm-Up, 3/4/2020: Marching To Georgia Edition

/ Jack Marshall / 20 Comments

Hello, I must be going…

Desperately trying to get this post out before the walls close in. I’m doing a program for an always receptive BigLaw firm in Atlanta, and its a program I know well, and I’m still anxious about it. It doesn’t help that I have some kind of cold, but the show must go on…

1. Super Tuesday musings…

  • Last night, I stumbled on  a Fox News panel discussing the Julie Principle at length regarding Joe Biden’s brain farts and Trump’s Tweets! They didn’t use that term, of course, but it would have helped explicate what they were trying to say, which was that once you’ve decided to accept the flaws of a candidate, more evidence of those flaws won’t change your support.
  • Speaking of… Joe Biden got his sister and his wife mixed up during his victory speech. If there was ever a question of how much the country doesn’t want socialism, the fact that so many Democrats preferred to vote for this sad husk than capitulate to Bernie should answer it.
  • How proud I am of my home state, which told the world that even voters who know  best, and presumably support to some extent, Elizabeth Warren don’t think she should be President. Thus they validated Abe Lincoln’s rule: you can’t fool all of the people all of the time. Warren was the 2020 field’s worst demagogue and biggest hypocrite, as well as one of the most shameless liars. As I write this, she hasn’t dropped out yet, perhaps because she doesn’t want to help Sanders, whom she still resents for saying that a women couldn’t be elected President. Well, he was right as far as she is concerned. Good.

Warren was easily my least favorite of the Democratic contenders from an ethics standpoint. After I posted on Facebook about one of her many deceptions, a friend, apparently seriously, commented that I seemed to have a real bias against her. It reminded me of one of Martin Short’s brilliant improvs as idiot celebrity interviewer “Jiminy Glick,” when he cracked up Mel Brooks by asking, “Now what is it that you have against Hitler?”

2. Wait, he did WHAT??? Cedric Sunray, a college recruiter from Oklahoma Christian University,  visited Harding Charter Preparatory High School in Oklahoma City last month and met with 110 juniors and four teachers in the gymnasium to talk about opportunities at the college. He then asked the students to line up from darkest to lightest skin complexion, and then line up from “nappiest” to straightest hair.  As the students lined up, some of the teachers left to report the request to school administrators, who intervened. Sunray was quickly fired.

Sunray later wrote that the exercise was meant to be an “icebreaker” and that he has made the same presentation dozens of times at other institutions. Really? And nobody complained?

The president of Oklahoma Christian University, John deSteiguer, visited the prep school to apologize to students and staff members. Too late, I’d say. Any school that would let someone like Sunray represent it is too inept to be trusted. Continue reading →

Real Life Imitates Fiction, In This Case, “The Firm”

/ Jack Marshall / 4 Comments

Remember how, in the film adaptation of John Grisham’s “The Firm,” the young lawyer Mitch McDeere (Tom Cruise)who is  trapped in a mob-owned law firm wiggles out of his dilemma in part by proving that the firm’s lawyers were routinely over-billing clients?

Well, the Boston-based Thornton Law Firm and the Labaton Sucharow law firm in New York were caught inflating their billings on a similar scale.

Judge Mark L. Wolf concluded that the two firms double-billed  for their attorneys’ work on a class-action lawsuit involving State Street Bank, and even billed for the work of other attorneys not employed at either firm. Thornton’s managing partner, Garrett Bradley,  listed his brother as an attorney on the case and charged $200,000 for his time even though Michael Bradley was barely involved. Uncovering this scandal was another triumph of the Boston Globe Spotlight Team, the investigative reporting division that uncovered Boston’s predator priest cover-up in 2002. Continue reading →