Law & Law Enforcement

My Reply To Eric Turkewitz’s Criticism Regarding “The Worst Aunt Ever”

/ Jack Marshall / 71 Comments
This guy would have given The Bad Aunt the right advice...

This guy would have given The Bad Aunt the right advice…

Eric Turkewitz is a New York trial attorney, by all accounts a terrific lawyer, by the evidence of his writing an ethical and astute one, in our brief encounters a very nice guy, and the proprietor of “The New York Personal Injury Law Blog.” In a recent post, he defends the decision of Jennifer Connell to sue her young nephew for a four-year old injury she received when he hugged her too enthusiastically at her birthday party. He notes, correctly, that the decision to sue was based on the client accepting a “bad call” by her lawyer. He also includes a lot of information not mentioned in the early posts on the matter, including mine. Still, he defends Connell. He also specifically criticizes my post. Eric writes,

And this is from Jack Marshall, who says he actually teaches ethics and has a blog called Ethics Alarms (coded “no follow“):

“What’s going on is that Aunt Jennifer is pure hellspawn, a mysteriously animated pile of human excrement that embodies the worst of humanity.”

This is what happens when people elect to post stuff on the web based on an initial news report that was, shall we say, very selective on what it chose to report. This site is getting quite a bit of traffic, most likely from many who never knew it existed. So let me answer a question some of you may have: Yes, I know what it’s like to be on the receiving end of lawsuits, and they weren’t nearly as benign as this run-of-the-mill kind: On Suing and Being Sued.

Yes, I “actually teach ethics,” and I could, in fact, teach Eric some things that he would find useful and enlightening. I’m not going to get in a pissing match with him, in part because, as I learned from another tiff four years ago (in which I was wrong, and duly apologized), he has some very, very nasty pals, and I don’t want to throw blood in the water. This is, however, an excellent example of how lawyers often end up seeing the world, and in fact I may use his post, unattributed, in seminars to show where legal ethics and ethics diverge. It is wise for lawyers to be atuned to both.

Here was the response I made to Eric on his blog: Continue reading →

The Worst Aunt Ever

/ Jack Marshall / 83 Comments
(L) Auntie Jenn in her "Loving Aunt" disguise, and (R), my best guess at what she looks like without it...

(L) Auntie Jenn in her “Loving Aunt” disguise, and (R), my best guess at what she looks like without it…

[ WARNING: This story may make your head explode. I’m not sure why mine didn’t; it may because there’s nothing left to blow.]

Jennifer Connell, a 54-year-old human resources manager in Manhattan, is suing her 12-year old nephew, Sean Tarala, in Connecticut for $127,000 in damages for an accident that occurred at his 8th birthday party.

On March 18, 2011, Connell arrived at the Tarala home  to attend Sean’s birthday party. She was greeted with the sight of the excited kid riding his major gift, a red bicycle, around the the yard.  When he spotted Aunt Jennifer, he jumped off his new bike and ran toward her, shouting, “Auntie Jen! Auntie Jen!”

Connell testified that “all of a sudden he was there in the air, I had to catch him and we tumbled onto the ground. I remember him shouting, ‘Auntie Jen I love you,’ and there he was flying at me.” Connell said she her wrist was hurt, but she didn’t mention it because “It was his birthday party and I didn’t want to upset him.” Now, however, though he has always been “very loving, sensitive,” toward her, Connell believes he should be held accountable for her injury. Continue reading →

Democratic Candidate Debate Integrity Watch: Will Anderson Cooper Make Hillary Defend Her Unethical Private E-Mail? Will Her Opposition?

/ Jack Marshall / 29 Comments

HillaryClinton phone

The Democratic Party is in the process of ridiculing democracy at work on the other side of the aisle, as it seems to be emulating the Communist Party, USSR style. Its pre-anointed nominee for President, Hillary Clinton, is being exposed—exposing herself, really—as a liar, as incompetent, as a terrible campaigner and as possessing no core values (but she’s a fighter!), and yet her alleged rivals refuse to call her to account on the issue that has revealed so many of her deficits, the private e-mail server. The party is limiting debates to protect her from the public realization that she’s a dud, and Democratic talking points keep surfacing to confuse and distract regarding the e-mail issue. The story was broken by the New York Times, the lies were authored by the Clinton campaign team, and the irregularity was sufficient to spark an ongoing FBI investigation, yet everyone from Clinton’s surrogates, loyal pundit supporters and the candidate herself—and her Deceit Sensei husband—continue to represent the matter as a GOP concoction.

The evidence is strong that CNN, which hosts tonight’s debate, is in on the fix. Here’s an exchange from last week between CNN’s Ashleigh Banfield and Democratic strategist, a.k.a Hillary Clinton strategist, Robert Zimmerman:

BANFIELD: But you’ve got to – you’ve got to admit, Robert, that the Republicans are delivering any script that – that Bernie Sanders may need to go after [Hillary] Clinton. What’s her ammo against Bernie Sanders?

ROBERT ZIMMERMAN, DEMOCRATIC STRATEGIST: Look, here’s the deal: any Democrat who resorts to reciting Republican talking points is going to hurt themselves amongst the grassroots-

BANFIELD: So you’re saying you don’t think he’s ever going to touch the e-mail scandal – or, it’s not even a scandal-It’s really a controversy. But ‘scandal’ is the Republicans’ word for it-

ZIMMERMAN: Yeah-

BANFIELD: So far, no one has determined there’s any scandal there.

ZIMMERMAN: Of course not! And I think Senator Sanders is too fine a person to engage in reciting Republican talking points like that. But there will be debates around issues; debates around policy; and it’s going to be pretty exciting. This is going to be an historic debate, because CNN’s present – really, bringing the Democrats to the nation for the first time.

Some notes on this disgraceful example of a journalist behaving as a partisan flack:

Continue reading →

Comment of the Day: “Who Are You Calling A Nut?” And Other Ethics Issues In The Community College Shooting Aftermath (Continued)”

/ Jack Marshall / 25 Comments

GunsBad-copy

Ethics Alarms’ eccentric philosopher Michael Ejercito, who excels in asking provocative questions, ends his Comment of the Day regarding the attack on gun ownership with the query, “Why do people use such discredited arguments?”

There’s certainly a lot of discredited arguments in the air. A writer named Michael Pusitan wrote a risible post (inspiring a very funny Animal House referenced take-town by the Instapundit) about getting rid of his guns, ending with this passage:

Last week, I sat in a hotel room and watched the President talk about the latest mass shooting and how they had become routine and the concern that nothing would change. I started to shrug it off and pretend in my mind that there was nothing I could do. But the idea that gun culture doesn’t bear some responsibility for these killings didn’t make sense to me. I didn’t want to be a part of gun culture anymore.

I was never going to use these guns for self-defense, they were safely locked and out of reach. I don’t hunt. I don’t shoot clays. There are no dangerous animals where I live. There are no zombies. I’m not a police officer or soldier. I am not part of a well regulated militia. There’s no reason for me to have them.

So I got rid of them. Firearms are no longer a hobby of mine.

This well-exposes the logical disconnect of virtually all the “WE GOTTA DO SOMETHING!” rants from political exploiters of the recent shootings, where the tragedy is used to insist on measures that will have no effect on preventing the tragedies at issue. Pusitan getting rid of his guns is grandstanding, that’s all. His action won’t save a single life, and if he snapped and decided to go shoot up a church he’d still be able to buy the guns to do it. Meanwhile, the statement “I didn’t want to be a part of gun culture anymore” is pure, distilled ignorance. It’s not the gun culture, you fool, it’s the culture, and unless you want to book a slow boat to China, you’re part of it whether you like it or not, because you live here, and derive the good and the bad from the uniquely vital and productive individual initiative and freedom-based culture that is the United States of America.

(Instapundit’s joke quotes Otter: THESE TIMES CALL FOR A REALLY STUPID, FUTILE GESTURE. And he’s just the guy who can do it.)

The answers to Michael’s question are many: because they don’t know what they are talking about, because they have no good, honest proposals, just bad, dishonest ones, because they are preaching to the choir and not really interested in changing anyone’s mind, because the whole debate is framed by emotion, not facts.

Here is Michael Ejercito‘s Comment of the Day on the post, “Who Are You Calling A Nut?” And Other Ethics Issues In The Community College Shooting Aftermath (Continued)”

A column from George Skelton on this issue, and my response.

It is really quite simple: Guns are designed for killing. The more guns there are, the more people get killed. That’s not just simple logic. It’s simple fact.

The same thing have been argued with regards to alcohol- or black people.

And no other developed nation comes close to us in firearms fatalities. We’re at 10-plus per 100,000 people. One third are homicides, two thirds are suicides.

I wonder if George Skelton even heard that California has legalized assisted suicide. The state thus declared that suicide is a good thing. Continue reading →

The Conflicted, Misleading, Incompetent Better Business Bureau

/ Jack Marshall / 10 Comments
Grade inflation at the BBB!!!

Grade inflation at the BBB!!!

I don’t know who or what persuaded CNN to set its sights on the Better Business Bureau, but we should be glad it did. Its first revelation, which I knew about, was how the non-profit BBB is funded by the same businesses it purports to rank. Depending on the size of a business, the BBB demands membership fees ranging from hundreds of dollars to more than $10,000 a year. Members can also pay for plaques announcing their accreditation, BBB seals of approval for their company’s websites, and ads. This is not just a conflict of interest, but a classic one, as well as a system that creates an appearance of impropriety.

Joseph Ridout, a spokesperson for watchdog group Consumer Action, agreed that  this structure, where the BBB is “funded by the dues-paying businesses and not the consumers,” presents a “serious conflict of interest.” The BBB, however,told CNN that its membership dues have nothing to do with the ratings companies receive. Of course! And members of Congress don’t tend to vote the way their biggest donors want. Stop being so cynical! Continue reading →

Comment of the Day: “Who Are You Calling A Nut?” And Other Ethics Issues In The Community College Shooting Aftermath (Continued)”

/ Jack Marshall / 28 Comments

gunsThere is nothing more welcome, when I am on the road and coping with a malfunctioning laptop, an inexplicably swollen knee and a headache, than a thoughtful, substantive, provocative, long post.  Extradimensional Cephalopod provided just what I needed today, and I am awash with gratitude.

Here is his Comment of the Day on the post “Who Are You Calling A Nut?” And Other Ethics Issues In The Community College Shooting Aftermath (Continued)”:

[ Washington Post editor Fred ] Hyatt’s forthrightness [ in his op-ed here] and his dedication to societal change that he acknowledges is difficult is definitely refreshing. I would object to the comparison to Australia mostly based on the fact that Australia also has a rather extreme (for the Western world) institution of censorship. I am curious as to what people do if they need to shoot a wild animal, as I understand there are many dangerous animals in Australia. Continue reading →

“Who Are You Calling A Nut?” And Other Ethics Issues In The Community College Shooting Aftermath (Continued)

/ Jack Marshall / 215 Comments

I apologize for the length of this two-part entry, but the preponderance of fact- and reasoning-free anti-gun hysteria in the wake of the Oregon shooting has even exceeded Sandy Hook levels, a development I didn’t think was possible. An emotional national reaction to such a tragedy is fine, and natural, as long as it doesn’t stampede policy-makers and make the public dumber and more ignorant than they already are regarding basic rights, the reasons for them, and the limits of law and government. This post and its earlier installment are offered to catalogue, in part, the ethics carnage, and perhaps to save some readers time when they are confronted with a usually sane friend or family member who begins ranting about how “ridiculous” it is that this “problem” hasn’t been “solved” and how it’s all the fault of the NRA and bribed politicians, because if Australia can do it, why can’t we? In my experience, however, the angry anti-gun zealots—yes, you can still be a zealot and talk about “common sense solutions” if they are either not sensible or not solutions—don’t want to hear facts or reason. People have died, guns are bad, and why can’t we stop it? The same people also tend to think we can stop prejudice, poverty, risk, inequality, war, and the effects of mankind living on the planet. They also rank “Imagine” among the most profound songs ever written.

Sigh.

Here are the rest of the points:

V. Another Facebook friend published this chart…

wholechart

…and said that it showed that “states with fewer gun regulations had frequent gun related murders than those with more regulations. It doesn’t show that. It shows, for example, that Vermont, Maine and North Dakota have few regulations and low gun murder rates. I know him well–he’s an honest man. But he saw what he wanted to see, not what was actually on the chart. Meanwhile, everyone “liked” his post.

VI. I know I’ve made this observation before, but it still drives me crazy. I just had another argument over it with my sister, and she hung up on me. Obama and the hoard leaps on this shooting to once again lobby for “common sense” gun controls that most agree wouldn’t have stopped this shooting. There is , I would say, an obvious, ethical and logical disconnect there. If the measures being sought would not have stopped this shooting, why all the angry, “blood on your hands,” “how long will this go on” rhetoric? The clear and misleading message is that the shooting would have or might have been stopped if only, if only, but when the substantive recommendations are listed they have little or nothing to do with the incident itself. Why do smart people tolerate this? The shooter’s father–who, by the way, shares at least as much culpability for the Oregon shooting as anyone, and a lot more than the NRA, gave an interview in which he blamed the shooting on the fact that the law allowed his son to acquire 13 guns: Continue reading →

“Who Are You Calling A Nut?” And Other Ethics Issues In The Community College Shooting Aftermath (Parts I-VI)

/ Jack Marshall / 33 Comments

mr__peanut_s_cane_gun_I. A good friend, who is a nice man so I chose not to upset him by explaining why he sounds like an idiot, announced on Facebook that he wasn’t reading any more “gun nut” posts. Hmmmm. I wonder what he thinks a “gun nut” is? Is a gun nut a teacher who punishes a student for pointing his finger like a gun, or who prevents a deaf child from signing his name, Gunner? Or is it someone who believes that the Second Amendment, which wasn’t second by accident, should be followed? Is it someone who keeps saying that laws need to be passed that will stop shootings like the one in Oregon, but who either has no realistic proposals to suggest or who suggest measures that wouldn’t have affected that shooting at all? Isn’t it nutty to engage in magical thinking? I think so.

II. I also think it’s nutty, not to mention hypocritical, to decry the lack of “civil debate” regarding gun policy and then call anyone who doesn’t want guns melted down by government order “nuts.”  Actually it’s worse than that: pundits, politicians and anti-gun advocates are increasingly equating  opposition to gun regulations advanced using false arguments, dubious logic, ad hominem attacks and deceitful statistics with insanity and intractable evil. Frankly, I resent it. I’m not opposed to sensible gun regulations, but my job is to oppose false arguments, dubious logic, ad hominem attacks and deceitful statistics, as well as to make sure that they don’t succeed lest “the ends justify the means” become a social norm.

III. Speaking of hypocritical, Mike Huckabee and others have been quite properly criticized (by me, for example) by claiming that since the Supreme Court ruling on gay marriage is “wrong,” it shouldn’t be followed. Yet the most vociferous defenders of that SCOTUS decision simultaneously advocate anti-gun measures that are forbidden by the Court’s decisions interpreting the Second Amendment….because, you see, “it’s wrong.” Continue reading →

AMAZING TALES Of The Obama Administration Ethics Train Wreck: The Whistleblower Protection Agency That Punished Its Own Whistleblower

/ Jack Marshall / 5 Comments

whistleblower_From the Ethics Alarms mail bag: A commenter asks, “Is there any department, agency or bureau of the executive branch that hasn’t become thoroughly corrupted during the regime of Obama?”

I don’t know, but I suspect not, and this AMAZING TALE supports that conclusion.

The Merit Systems Protection Board is a personnel court of last resort for federal employees who claim that they were unjustly fired, demoted, discriminated against or punished for bucking cultures of corruption in government departments and agencies and revealing, reporting or addressing misconduct by administrators and managers. It’s an agency that exists to bolster courage, integrity, transparency fairness and justice in government, so one would assume that the MSPB would either be as popular in this administration as a toothache, or, in the alternative, so corrupted by the culture emanating from this White House that it cannot be trusted any more than any other agency comfortably seated on board the Obama Administration Ethics Train Wreck.

Here is a clue as to which: Continue reading →

Stupid Ethics Or Unethical Stupidity, Will Someone Please Explain To Alabama Why Appearances Matter?

/ Jack Marshall / 16 Comments

Alabama-county-mapThis opens a fascinating inquiry. Is it unethical for a state to appear stupid? Is appearing to be unethical inherently stupid? If something looks incredibly unethical but is really just stupid, then is it unethical anyway?

Welcome to Alabama.

Alabama is in a dire budget crisis and must cut state services. So this week it announced that 31 satellite state Motor Vehicle Division offices would no longer have access to driver’s license examiners as a result of the cuts. Alabama added a controversial voter photo-ID law last year, and opponents who argue, like the Obama Dept. of Justice, that the idea of making sure that voters are who they say they are is part of a plot to deny the vote to African Americans could not have asked for a smokier gun. Of the ten Alabama counties with the highest percentage of non-white registered voters—Macon, Greene, Sumter, Lowndes, Bullock, Perry, Wilcox, Dallas, Hale, and Montgomery, according to the Alabama Secretary of State’s office—Alabama is closing driver license bureaus in eight of them. Every county in which blacks make up more than 75 percent of registered voters will see satellite DMVs closed.

If  Alabama was looking for a way to validate the “disparate impact” principle where a state can be found to be racist by  the impact of its actions whether or not there was racist intent, it could not have done better. If it was trying to give ammunition to those who have argued that the Supreme Court “gutted” the Civil Rights Act when it ruled that the 1965 criteria that allowed the Justice Department to assume racism when an old Confederacy state was involved was out of date, and either new data had to be used or states with Stephen Foster songs as their State anthems were going to have to be treated like all the other states and allowed to govern themselves, it could not have been more effective.

“Make IDs essential to vote, then make it harder for blacks to get drivers licenses! What an ingenious plan! BWAHAHAHAHAHAHA!!! Nobody’s going to see through that!

Or was it:

“Well, gotta cut somewhere—hey, lets; close the DMVs in these counties I just hit with those darts. What? Oh, who cares what the demographics are…we aren’t trying to target anyone…everyone knows that Alabama has a history of being fair and just! Want to go out back and juggle chain saws with me?”

What a conundrum. Stupid? Unethical? Stupid and unethical? So obviously unethical that it’s self-destructively stupid? So stupid that it is unethical for anyone that handicapped to be placed in a position of influence? Continue reading →