Leadership

More Revelations Regarding Elizabeth Warren’s Alleged Unauthorized Practice of Law, and Why This Matters

/ Jack Marshall / 36 Comments

Prof Jacobson, on his blog Legal Insurrection, is in line for an Ethics Hero award with his tenacity regarding Elizabeth Warren’s dubious qualifications to engage in the practice of law in  Massachusetts. The overwhelming reaction by his colleagues in legal academia, and mine in the legal ethics community, has been to airily dismiss his arguments as trivial, far-fetched and thinly disguised political warfare, since Jacobson is an unapologetic conservative blogger (and a distinguished one.) Meanwhile, the mainstream media has, I think it is fair to say, completely ignored the story.

Part of this is undoubtedly because of the ignorance of most journalists regarding the importance of the legal ethics rules in question. Part of it is probably due to the accurate assessment by editors and TV news producers that the average American’s brain would switch off right around the time the story mentions Massachusetts Rule of Professional Conduct Rule 5.5 Subsection (c), and will start wondering about how Blair from “The Facts of Life” is going to do on “Survivor.” And part of it, infuriatingly, is because most journalists are willing to forgo the ethical duties of their profession in order  to ensure that a Democrat wins back Ted Kennedy’s Senate seat, and character be damned.

The rude brush off Prof. Jacobson is getting in this wagon-circling exercise is wrong in every way, and does injustice to every person and institution involved, including the Massachusetts legal establishment, the legal profession, ethical lawyers (which, believe it or not, the vast majority of them are), Senator Brown, the U.S. Senate, Massachusetts voters, and the American public. Bar associations across the country regularly punish ordinary lawyers who practice law without proper authorization, and there is a reason: a lawyer who won’t or can’t obey the most basic requirement of the profession—be sure you are practicing law legally—should not be trusted to handle the important transactions and controversies of their clients’ lives. Continue reading →

“Your Boss Is Insane”

/ Jack Marshall / 7 Comments

On the site Learn Stuff, Sarah Wenger has produced an infographic with a strong ethics message, aimed at the vast number of people in management and supervisory positions in business who abuse their position and power, making those they lead miserable, unproductive, and insane themselves. How many horrible bosses inflict themselves on the nation? That is a mystery, though we know it’s a lot. Incompetent, unfair and irresponsible supervisors at all levels,  as the feature states,

“cost their employees their health and the U.S. economy some serious cash. Employees with bad bosses can lose their hair, gain weight and up their chances of heart disease by a whopping 25%. And to top it all off, poorly managed workplaces are less profitable and have lower levels of productivity. Psychopathic bosses: bad for you, bad for the economy.”

The problem is that management is hard, leadership is harder, formal training in either cannot cure personality defects that make being successful in these two endeavors unlikely, and because truly talented managers and leaders are so rare, most people rise to positions of power without ever experiencing what effective leadership is. A good starting point for any boss is a commitment to fairness and respect, as well as an understanding of what responsibility and accountability mean. That, of course, means ethics.

Here is Sarah Wenger’s infographic, “Your Boss is Insane,” re-published with her permission: Continue reading →

More From Prof. Jacobson On Elizabeth Warren’s Law License

/ Jack Marshall / 32 Comments

Uh, guys? Do you even care what really happened any more?

[ Original post here]

He has read various critiques of his analysis and allegations, and addresses them here. Jacobson also spoke with the much quoted General Counsel of the Mass Board of Bar Overseers, and confirmed that  Michael Fredrickson was not speaking officially or on behalf of the BBO, but rather giving his personal opinion.

For my part, I am dismayed, if not shocked, that the legal establishment, as well as legal ethicists who should know better, are letting their political biases dictate their analysis. It is true that Jacobson is an openly conservative blogger as well as a long-time critic of Warren, but he raises legitimate questions that deserve to be taken at face value, whatever their source. The fact Fredrickson, the BBO General Counsel, felt it necessary to personally defend Warren in the absence of sufficient facts strongly suggests a pro-Warren bias in the disciplinary system, where it really shouldn’t matter who breaks the rules, but whether or not they have. Similarly, over at the Legal Ethics Forum, legal ethics legend Monroe Freedman comments,

“It surprises me that so much commentary has been expended on such a relatively unimportant issue, which apparently was raised in the first place to embarrass a candidate for the Senate in a race that has matters at stake that could affect the future of the country.” Continue reading →

The Detainment Of Nakoula Basseley Nakoula Is A First Amendment Betrayal, Parole Violation Or Not

/ Jack Marshall / 11 Comments

No, really, this has nothing to do with the President blaming this guy’s film on the attacks on US embassies; it’s just a parole violation thing. Unrelated. Really. Of course, if violent Muslims think we’re cracking down on him because he insulted their prophet, that’s a bonus, right?

Ken at Popehat applies his experience as  federal prosecutor to make this observation (among others) in the Federal questioning—I regard it as political harassment that happens to have a convenient non-political justification—of the hack ” Innocence of Muslims” film-maker Nakoula Basseley Nakoula:

  “I think the situation bears careful watching. Based on 6 years as a federal prosecutor and 12 as a federal defense lawyer, let me say this: minor use of a computer — like uploading a video to YouTube — is not something that I would usually expect to result in arrest and a revocation proceeding; I think a warning would be more likely unless the defendant had already had warnings or the probation officer was a hardass. But if I had a client with a serious fraud conviction, and his fraud involved aliases, and he had the standard term forbidding him from using aliases during supervised release, and his probation officer found out that he was running a business, producing a movie, soliciting money, and interacting with others using an alias, I would absolutely expect him to be arrested immediately, whatever the content of the movie. Seriously. Nakoula pled guilty to using alias to scam money. Now he’s apparently been producing a film under an alias, dealing with the finances of the film under the alias, and (if his “Sam Bacile” persona is to be believed) soliciting financing under an alias. I would expect him to run into a world of hurt for that even if he were producing a “Coexist” video involving kittens.”

Ken ends up where I do on other aspects of this incident, and I yield to his analysis here as far as it goes. But Nakoula Basseley Nakoula did not produce a “Coexist” video involving kittens. He produced a cheesy film that has provoked foreigners to violence, and also to demand that the creator of the film be punished by the U.S. government because of the film’s content; that voices on the left in this country are arguing should be censored (as well as that its maker be arrested); that the Obama Administration itself has tried to censor by persuading Google to ban it, and that Jay Carney is claiming, absurdly, is the sole target of all the Arab unrest. Continue reading →

Movie Critique Ethics: Jay Carney’s Embarrassing Lie

/ Jack Marshall / 7 Comments

There was a different arm up Ron Zeigler’s back, but the system, and the results, were the same.

Once again, allow me to express sympathy for Jay Carney who, like all official White House spokesmen (R.I.P., Ron Zeigler—who once offered me a job, by the way…but I digress) regularly lies his head off, sometimes for good reasons, usually just because his bosses want it that way. Still, the lies come out of his mouth, so he is accountable.

Yesterday, Carney came out with this jaw-dropper regarding the multiple protests being directed at U.S. embassies in the Middle East, as well as the attack on the U.S. Embassy in Libya that left four dead, including our ambassador:

“This is a fairly volatile situation, and it is in response not to United States policy, obviously not to the administration, not to the American people. It is in response to a video, a film, that we have judged to be reprehensible and disgusting — that in no way justifies any violent reaction to it…But this is not a case of protests directed at the United States writ large or at U.S. policy, but it is in response to video that is offensive to Muslims.”

I know that the fact that President Obama’s signature charm offensive with the Arab world has been an abject failure is a bitter pill, but it would be both admirable and encouraging to see the President accepting that he was naive and learning from the experience, rather than knowing that he is prompting his spokesman to insist, against all logic and evidence, that, no, really, they still love us—they just shot a rocket at our embassy because they didn’t like a movie trailer. Continue reading →

Emmett Burns Emulates Rahn Emanuel, or, What Does It Tell Us That Yvette Clarke Is NOT This Month’s Most Incompetent Elected Official?

/ Jack Marshall / 43 Comments

Brooklyn, NY, circa. 1898. If you look closely, you can see the slaves working in the windmills…

In case you missed it, Rep. Clarke, the Congresswoman from Brooklyn, NY, had thousands of American banging their heads against the wall (and, tragically, many more, like those who voted this dolt into office nodding their empty heads and saying, “She speaks the truth!”) when she told Comedy Central’s wag Stephen Colbert that Brooklyn still had slavery in 1898, a full 33 years after the Civil War and the passage of the 13th Amendment. When Colbert, in mock surprise, said, “It sounds like a horrible part of the United States kept slavery going until 1898! Who would be enslaving you in 1898 in New York?”, Rep. Clarke, eager to fill the gaps in Colbert’s knowledge of New York history,  informed him that it was “the Dutch”…who lost control of New York when “New Netherland” was conquered by the British in 1664, 200 years before the end of the Civil War. Continue reading →

The Ethics Corrupter-In-Chief

/ Jack Marshall / 36 Comments

I wanted to stay far, far away from commenting on the Democratic National Convention in Charlotte, because I knew that the double standard of media scrutiny of the deceit and dishonesty there ( in contrast to the media’s adversary stance during the Republican convention) would drive me to drink if I thought about it long enough to write coherently. And so I shall stay away, except for this one infuriating topic, which is broader and more significant than the convention itself.

No political party that cares sufficiently about the ethical values of integrity and honesty, as well as responsible leadership, would feature Bill Clinton as its “rock star” speaker. That the Democrats did, and that the media and the public generally gave them a pass for doing so, confirms that Clinton’s corrupting influence on the American culture continues. Recent polls indicate that he is the most popular political figure in the country today, and Democrats will no doubt cite that as justification for inviting him to speak. To the contrary, it shows the damage that he has done to the values of the nation, and how wrong the Democratic party has been to aid and abet that damage.

Bill gave a good speech, as he usually does. There is no way to know how much of it he believes or meant, for Clinton is a recreational liar: he likes lying. He’s good at it, and he does it at every opportunity. In 2008, on The Ethics Scoreboard, the slower and more formal predecessor to this blog, I made Clinton the first (and as it turned out, sole) admittee to the David Manning Liar of the Month Hall of Fame, writing in part that… Continue reading →

Another Ethics Hero For CNN’s Anderson Cooper, and a Jumbo for Debbie Wasserman Schultz

/ Jack Marshall / 17 Comments

“Discord? What discord?”

Anderson Cooper seems to have decided to single-handedly  stand for objective journalism in the midst of Democratic cheer-leading from most of his colleagues in the broadcast media. Of course, he chose the lowest-hanging fruit imaginable as a target: the Democratic National Committee’s ridiculous, abrasive, shamelessly dishonest chairwoman, Rep. Debbie Wasserman Schultz, who earned a Jumbo for persisting in a falsehood that nobody could possibly believe.

The Democrats walked into a controversy of their own making when they approved a platform that removed any mention of God (since God is not, presumably, a Democrat, I don’t know why anyone cares) and an assertion that Jerusalem is the proper capital of Israel. Both of these apparently were also approved by the candidate, President Obama, and conservative blogs and the Republican campaign had a field day with the supposed implications of both. [This was a classic “tit for tat,” because the Democrats had loudly insisted that anything appearing in the GOP platform was attributable to Mitt Romney.] Someone, maybe the President, then concluded that God and Jerusalem needed to go back into the language to stem the bleeding, and what followed was a raucous, and, depending on your orientation, embarrassing or ugly display on the convention floor, with some delegates booing the return of God and Jerusalem and with a repeated voice vote that allowed them back sounding much more like a tie than the required two-third ayes. Continue reading →

Disturbing Ethics Quote of the Week: Terri Miller

/ Jack Marshall / 52 Comments

“It is very common for the teachers of the year, the championship coaches and the vanguards of education to be perpetrators…They will put on this mask of an exemplary teacher to look the same as a true exemplary teacher.”

—Terri Miller, president of the national organization Stop Educator Sexual Abuse, Misconduct and Exploitation.

Erica Depalo (right): Teacher of the Year, vanguard, child-molester

Miller’s quote was prompted by the recent arrest of West Orange High School English teacher Erica DePalo, 33,  who is accused of having a sexual relationship with a 15-year-old male student she taught in her honor’s English class. Prosecutors charged DePalo with first-degree aggravated sexual assault, second-degree sexual assault and endangering the welfare of a child. DePalo, who teaches Honors English to ninth and tenth-graders and is also the school’s junior varsity tennis coach, was honored as Essex County’s top teacher for 2011-2012  as part of the state Department of Education’s “New Jersey Teacher of the Year” program. Accepting her award, she said, “I am merely a representative of all the hardworking dedicated teachers, especially those with whom I work at West Orange High School … teachers who are committed to their students, who consistently advocate for their students, and who exceedingly go above and beyond their everyday duties and job descriptions.”

Yes, I’d say having sex with 15-year-old student qualifies as going above and beyond their everyday duties and job descriptions. Or perhaps below and beyond. Continue reading →

The Forgotten Meaning of Labor Day

/ Jack Marshall / 7 Comments

Do you know who this is? You should! It’s Labor Day, dammit!

Labor Day commemorates one of the great ethical victories of American society, and not one in a hundred Americans know it. Labor Day marks the end of summer, and a time for retail store sales, and the last chance to get away to Disney World, but few of us think about the real meaning of the word “labor” in the name, and how it is meant to honor brave, dedicated men and women who fought, sometimes literally, the forces of greed, political influence, wealth and privilege in this country to ensure a measure of safety, consideration, fairness and justice for the hardest working among us.

Today labor unions are controversial, and with good reason. Many of them have been run as criminal enterprises, with deep connections to organized crime; many operate in a blatantly coercive and undemocratic fashion. Union demands and strong-arm tactics, while providing security and good wages to members, have crippled some American industries, and limited jobs as well. Today the unions  get publicity when one of them tries to protect a member who should be punished, as when the baseball players’ union fights suspensions for player insubordination or even drug use, or when school districts are afraid to fire incompetent teachers because of union power, or when the members of public unions protest cutbacks in benefits that their private sector counterparts would be grateful for. It is true that today’s unions often embody longshoreman philosopher Eric Hoffer’s observation that  “Every great cause begins as a movement, degenerates into a business and ends up as a racket.” *

That not what Labor Day honors, however. It is celebrating the original labor movement that began at the end of the 19th century, and that eventually rescued the United States from an industrial and manufacturing system that was cruel, exploitive, deadly and feudal. Why the elementary schools teach nothing about this inspiring and important movement, I do not know. I suspect that the story of the American labor movement was deemed politically dangerous to teach during the various Red Scares, and fell out of the curriculum, never to return. Whatever the reason, it is disgraceful, for the achievements of the labor movement are every bit as important and inspiring as those of the civil rights movement and the achievements of our armed forces in the protection of liberty abroad. Continue reading →