Law & Law Enforcement

Integrity, Lost Perfection, and the Midget at the Bat

/ Jack Marshall / 10 Comments

Suddenly, a lot of writers, baseball players and commentators are calling for Major League Baseball Commissioner Bud Selig to step in and reverse umpire Jim Joyce’s blown call that cost Armando Galarraga a history-making perfect game on what should have been the last play of the game. Disturbingly, it seems that the Commissioner might be listening. The argument: the Commissioner has broad power to take action “in the best interest of baseball.”

The problem with this argument: it wouldn’t be in the best interests of baseball, or the principles of ethics, either. Continue reading →

The Supreme Court Looks at Miranda and Ethics

/ Jack Marshall / 4 Comments

The recent Supreme Court ruling in Berghuis v. Thompkins is another in the long line of opinions attempting to determine what the familiar words (to all you “Law and Order” fans), “You have the right to remain silent” really mean. At its core, however, it is about ethics.

The various opinions interpreting the landmark 1966 case ruling in Miranda v. Arizona, which ended the common police practice of sweating, beating and otherwise coercing confessions from criminal suspects in marathon interrogation sessions had, amazingly, never before dealt with the wrinkle presented in Thompkins. The suspect in a shooting was given the Miranda warning, but never said that he wanted his lawyer or that he refused to testify, as he had the right to do. He just sat through almost three hours of questions without saying a word, and then, near the end, uttered a one word answer, “Yes,” to the question of whether he would pray to God for forgiveness for the shooting.

This admission helped convict him at trial. Continue reading →

Avocations and Conflicts of Interest, Part II

/ Jack Marshall / Leave a comment

As if to give ethical guidance to conflicted umpire Joe West, a similarly conflicted judge has shown Country Joe the way by quitting the bench to avoid ethical conflicts.

Admittedly, the ethical issues surrounding independent filmmaker/ New Jersey Judge Kenneth Del Vecchio are a little bit different from Joe’s. One of his creative efforts was called “O.B.A.M. Nude,” and was a satirical critique of the President, though Del Vecchio played the Obama-like hero himself. A judicial ethics panel opined that his film exploits raise the specter of an ethical conflict under the Code of Judicial Conduct, presumably including the section that reads, Continue reading →

Ethics Pop Quiz: “What’s Unethical About Auctioning Intern Positions?”

/ Jack Marshall / 6 Comments

Are you ready to exercise those ethics brain cells?

The News Alert blog is reporting that the Huffington Post auctioned off an intern position for $9000, and another  internship —three weeks of it with Richard Branson, founder of Virgin Atlantic Airways, and three weeks with hip-hop entrepreneur Russell Simmons — was auctioned off for $85,000, to benefit Simmons’s charity, Rush Philanthropic.

Question: Is there anything unethical about this, and if so, what?

[Play the “Final Jeopardy Theme” while you think this over…] Continue reading →

“Google Tried to Kill Me!”

/ Jack Marshall / 3 Comments

Personal injury lawyers, along with their close trial lawyer cousins, the medical malpractice and product liability lawyers, have an unjust reputation. The American tort system is the fairest in the world, and the work of trial lawyers saves lives while it is getting compensation and damages for people who have been injured by the careless, negligent, reckless or malicious acts of others.

Unfortunately, rare cases like that of Lauren Rosenberg overshadow all of this, which is just one of the reasons her lawsuit against Google is objectionable. When you walk down the middle of a highway and get hit by a car, you may have some justification for suing the driver of the car. But suing the website that suggested that you walk on the road? That’s the theory of Laura and her lawyer. According to PC World, Rosenberg was trying to get from 96 Daly Street, Park City, Utah, to 1710 Prospector Avenue, Park City, Utah, and looked up the walking directions on her Blackberry using Google Maps . Google suggested a half-mile walk down “Deer Valley Drive,”  also known as “Utah State Route 224,” which should have been a clue. But Google-trusting Laura started walking down the middle of the highway, and sure enough,  a car hit her.  Her complaint says: Continue reading →

Ethics Dunces: ABC’s “This Week” Sunday Roundtable

/ Jack Marshall / 2 Comments

Take note, young medical students: this is the horror of Beltway Blindness.

For the second consecutive Sunday, the politically-diverse group of pundits who make up the “roundtable” on ABC’s “This Week” pooh-poohed the Sestak scandal, noting that this is politics, everybody does it, everybody has always done it, and Republicans are foolish to try to make an issue out of old-fashioned horse trading. This is the cynicism and ethics rot that working in and around politicians will breed.

Consider: Continue reading →

The Ethically Obtuse Bauer Memo

/ Jack Marshall / 3 Comments

According to both the Washington Post and the New York Times, the memo from White House Counsel Robert F. Bauer shows that the Sestak/Clinton/White House scandal is nothing to waste time over. Or, as the Times puts it today’s Ethics Dunce-worthy editorial,* “nothing terribly unethical” happened.

I see. Our standards for the ethical conduct of our President and his staff isn’t that they should behave ethically, but that they shouldn’t be terribly unethical.  Certainly that is the attitude conveyed by the Bauer memo, which is unconvincing legally and appears to be written by someone who never heard of the concept “ethical.” Continue reading →

What’s Wrong About the Sestak Caper

/ Jack Marshall / 8 Comments

The Sestak-White House “Please Force Pennsylvanians to Keep Arlen Specter as Senator” story has officially cracked wide open, and reports are coming out fast and furious while the White House is spinning faster than Kristi Yamaguchi on speed. It began with Rep. Sestak making himself look determined and incorruptible by telling a radio talk show host on the air that the White House had promised him a plum job if he didn’t challenge Specter in the primary. Once Sesatk won, Rep. Issa of the Republican Truth Squad began demanding that Sestak reveal who made the offer, since it would be a Federal crime (as Sestak had described it) and another Federal law requires Sestak to report Federal crimes committed by government employees. The details will be clarified, corrected and spun some more over the next few days, but the following is clear: Continue reading →

Standards, the Salahis, Bluto, and Us

/ Jack Marshall / 2 Comments

A sane culture discourages ethical misconduct by condemning and punishing it. The American culture, thanks to greed, intellectual rot and an irresponsible media, rewards unethical conduct by making it profitable. This isn’t a trivial matter.

Tareq and Michaele Salahi are about as despicable a pair as one can imagine, redeemed only by the fact that they haven’t caused any oil spills, aren’t abusing children and haven’t killed anyone. They are full-time grifters, and are diligently working to profit by exploiting America’s sick obsession with media celebrity. They crashed a White House dinner in November, costing several people their jobs, and launching multiple investigations that added to the tax-payers’ burden. None of that mattered to them, of course, because the irresponsible escapade advanced their idiotic, pathetic and selfish goal: joining the likes of Jose Canseco, Corey Feldman and Gary Busey on TV’s equivalent of belching, a reality show. Then, being completely shameless, they recently stalked a White House dinner again, getting themselves stopped by the Secret Service as they rode in a rented limousine, dressed in formal attire, with an “Inside Edition” camera crew in tow. This was just an “incredible coincidence,” they explained…wink-wink, nudge-nudge. Continue reading →

Ethics Dunce Deux: Rand Paul Whiffs on Accountability

/ Jack Marshall / 3 Comments

G.O.P Kentucky Senate nominee Rand Paul has pulled off a record-worthy achievement: he has earned Ethics Dunce status twice in a week’s time, something no one else, even serial Ethics Dunces like Sen. John Kerry and Tom DeLay, were able to do in the nearly seven years the designation has been in existence. He did not earn it the old fashioned way, however, as the old Smith-Barney ads used to say. Most Ethics Dunces do something, but in both cases Paul has proven himself worthy by what he says he believes.  This makes him kind of a classic Ethics Dunce. He literally doesn’t understand basic ethical values, or if he does, can’t articulate them. Continue reading →