Professions

Birding Ethics vs. Education Ethics: One Applies Common Sense, The Other Doesn’t Apply It, Or Sunscreen Either

/ Jack Marshall / 16 Comments
"Don't worry, Mr. Sapsucker---the birders are looking out for you. Just be grateful you don't go to public school in San Antonio."

“Don’t worry, Mr. Sapsucker—the birders are looking out for you. Just be grateful you don’t go to public school in San Antonio.”

In the intense avocation of bird-watching, a code of ethics reminds practitioners of common sense. In public school education, there is no accepted code of ethics. And there is precious little common sense.

Cornell University’s Macaulay Library contains more than 200,000 bird call recordings, and 150,000 of them can be downloaded onto smartphones and other electronic devices. This allows canny bird-watchers to play the calls in the wild, attracting rarely-seen species.

Unfortunately, these realistic calls, experts say, can stress birds, including endangered species. Thus there is a code of ethics for the recreation of birding, The American Birding Association’s Principles of Birding Ethics, and it states,

 “Limit the use of recordings and other methods of attracting birds, and never use such methods in heavily birded areas, or for attracting any species that is threatened, endangered or of Special Concern, or is rare in your local area.”

It’s a well-conceived code that gives behavioral guidance where guidance is needed.

Now let’s look at a profession where most of us would say common sense is essential, and where the lack of it leads to  unethical and unacceptable conduct born of institutionalized incompetence. No, this time I’m not talking about our government. I’m talking about the educational profession, and the public schools. Continue reading →

Signature Significance For A Ruined U.S. Education System: The Tasteless School Drama Awards Ceremony

/ Jack Marshall / 5 Comments

high_school ruin

How could this happen? I’ll tell you…but first, let’s be horrified together, shall we?

In Bellingham, Washington, the High School’s drama club held an evening awards ceremony.  A parent who attended the ceremony in the school auditorium with her 17-year-old daughter,  who was nominated for an award, reported to a local TV station that the ceremony was, to understate the case, “inappropriate.” In an email to KOMO News, the mother said the teacher, Teri Grimes, a 30 year veteran who is retiring after this year, repeatedly used profanity and told a vulgar joke.  Sex toys were given for one of the awards; the category was “Horniest Stud.” She  wrote:

“I sat there with my mouth open in shock and the final straw was when a joke was told on stage about a teacher, a lawyer and a priest on a plane. The plane was going down and the teacher says we have to save the children. The attorney says ‘Fuck the children!’ and the priest says “Ooooh..Do we have time for that???”

She left after that. Continue reading →

Theater Ethics: The Big Daddy Affair

/ Jack Marshall / 8 Comments
"Yes, why DON'T you want to make love to a young Liz Taylor, Brick? I've been wondering about that myself..."

“Yes, why DON’T you want to make love to a young Liz Taylor, Brick? I’ve been wondering about that myself…”

It is convenient when the perspectives of my longtime dual personas as a stage director and an ethicist are simultaneously relevant, so I couldn’t pass up this juicy story.

From the LGBT blog of the LA Weekly:

A Southern California production of the Tennessee Williams classic “Cat On a Hot Tin Roof” was canceled today after a homophobic outburst in the audience led to a physical confrontation, the firing of an actor, and an apparent cast revolt….the Repertory East Playhouse… announced in a statement today that the run of the play was “suspended” …as a result of “cast members leaving the show with no time to adequately re-cast their parts … “[A] man in the audience was allegedly drunk and heckling the performers during Saturday night’s performance….The heckling had been building up, …with whistling and cat-calling aimed at the character Maggie, as if the heckler and his friend “were at a strip club.”….at the moment Brick is asked why he rejected a kiss from Maggie….the heckler called out something like, “Because he’s a fag,” according to the director. At that point the actor playing Big Daddy, John Lacy, went into the audience to confront the man…”

“It was almost like he [Big Daddy] was still in character,” another actor told the LA Weekly blogger, Dennis Romero. He and a third actor then left the stage, and helped subdue the drunken audience member and his friend. Apparently the audience applauded the scene—does this remind anyone else of “My Favorite Year”?—and the play continued. Said a cast member: “The rest of the play has more resonance than ever.”

The theater fired Lacy after the show.  Anton Troy, the actor playing Brick who had been heckled, then announced on Facebook that he was quitting the production in protest, saying in part, “I will not support homophobia or an establishment that doesn’t support its talent. Hate in any form is not something I choose to subscribe to. John is a seasoned professional and an honorable man. It should never escalate to a point where the talent has to handle an unruly drunk in the audience themselves regardless of the outcome. Producers dropped the ball..”

Other actors quit the production as well, and the entire run, which was to have included a tour, was cancelled.

Wowsers.

Here are some ethics observations: Continue reading →

Good!

/ Jack Marshall / 36 Comments

Carney

Breaking news:

Jay Carney has resigned as Presidential spokesman.

Observations:

  • It would be nice if the reason stated was that he had lost all credibility by virtue of his evasive, deceitful, and often flat-out dishonest answers to the press. Of course, that won’t be the case.
  • Is he the most dishonest press secretary ever? That’s hard to say. Would it be possible for one to be more dishonest?
  • I knew Ron Ziegler, the much-maligned press secretary through much of the Nixon administration. I would trust Ron before I would trust Jay, who would have been a perfect fit for Tricky Dick.
  • PresumablyCarney has a job lined up. Who would trust this guy, who was accurately described as a paid liar? I wouldn’t believe a thing he wrote or said. Nor would I hire him even if he personally was an honest individual. An honest individual who nonetheless lies and deceives the American public to keep his job has no integrity, and is a coward as well.
  • Yeah, it’s a tough job. So is hit man.

Everyone says Jay Carney is a hell of a nice guy. There are a lot of nice guys I wouldn’t trust, and he’s one of them.

Good riddance.

 PS: I wrote this a year ago.

 

 

 

ALL ABOARD! The Elliot Rodger Ethics Train Wreck Is Leaving Rationality Station!

/ Jack Marshall / 14 Comments

trainwreck6

Wait…I think I’ve seen this wreck before!

Richard Hernandez’s enraged rant at the National Rifle Association for getting three people stabbed to death by Elliot Rodger signaled that this mass killing would  be exploited to the max by a succession of unscrupulous and/or irrational activists, social critics, and pundits, and, as my son used to say before he stopped respecting the French, “Voilà!”

The burgeoning ethics train wreck looks like it might be even more infuriating than most, though nothing, ever, will be able to top the Trayvon Martin-George Zimmerman Ethics Express for pure, widespread, unethical lunacy. Early indications are that the usual suspects will try to wring lessons from the crazed acts of a very unusual, spectacularly deranged, unsympathetic creep as if the fair and obvious answer isn’t there for all to see who are objective and smart enough to perceive it: this one mad act proves nothing. Not about the U.S., men, not about whites, not about guns, not about law, not about Hollywood. Nothing.

It’s a big country, and there’s lots of time before climate change destroys us all or something else does first. The attack of Elliot Roger is the opposite of signature significance, an utterly meaningless convergence of factors with fewer lessons to teach than other odd but deadly events, like the Great Boston Molasses Disaster of 1919, or the St. Pierre Snake Invasion of 1905. He means nothing, and should be shunted aside to obscurity as quietly and quickly as possible, so his undeserved notoriety doesn’t set off differently motivated but similarly unhinged sociopaths who are teetering on the brink. Unfortunately, that would require journalists, politicians and single-issue fanatics to be fair, logical and responsible. Continue reading →

Comment of the Day #2: “Animal Ethics: Now THIS Is An Unethical Veterinarian”

/ Jack Marshall / 17 Comments

Sid the dog

Rarely has a post generated as many defenders of the target of my critique as the recent Ethics Alarms commentary regarding the Fort Worth, Texas arrest of Dr. Lou Tierce, an aging veterinarian who, according to Jamie and Marian Harris, agreed to euthanize their dog Sid—that’s Sid above— based on Tierce’s diagnosis, but instead kept the dog caged in filthy and inhumane conditions for six months, until a whistleblower on his staff alerted the Harrises. 

Here is a portion of the arrest report, regarding another dog at the same clinic:

“The dog was lying on the floor twitching in pain with one leg missing, one leg dislocated and two dislocated shoulders. I then spoke to the suspect, Dr. Millard Lucien Tierce. He told me that the injured black and white collie was his dog. He said he had given water and food to the dog but had not given any medical treatment to the dog. He said he had not euthanized the dog even though in his professional opinion he knew it needed to be.

Dr. Morris, DVM, of the Fort Worth Animal Clinic, arrived on the scene and performed an evaluation of the dog. He informed me that in his professional opinion the animal was a victim of animal cruelty and the conditions of the clinic were deplorable.

Animal Cruelty Investigator R. Jacobs spoke to Dr. Millard Tierce. Tierce told him he knew the dog needed to be euthanized but he did not allow it. He signed over ownership of his dog to the Fort Worth Animal Control and the Fort Worth Animal Control took the dog to their facility.

On April 29, 2014, Dr. M.L. Morris, DVM examined the black and white border collie. Dr. Morris concluded that the dog was emaciated, had severe mouth disease, cataracts, abnormal overall health, non-ambulatory bottom of foot missing, had a degenerative neurological and untreatable disease and should have been euthanized when originally accepted for treatment. The dog was then euthanized by the city of Fort Animal Shelter.

Due to the aforementioned facts and information being related to me as a result of this investigation, I have reason to believe and do believe that Millard Lucien Tierce, did commit the offense of Cruelty to Non-Livestock Animals, against the laws of the State of Texas as set forth in the Penal Code; 42.092 (b)(l).”

Nonetheless, several loyal clients of Tierce’s clinic wrote to protest. They had entrusted their pets to him for many years, and he was clearly incapable of any kind of cruelty to Sid or any animal. The real villains were the Harrises. Or the tech who alerted them that their dog was still alive and being used for blood transfusions. Just wait, they assured me, when all the facts come out, this veterinarian from Hell will be exonerated. That the only way this could possibly occur would be for it to be proven that what the police thought was Sid was actually a hologram didn’t deter the doctor’s defenders at all.

Luckily, commenter Candy Roberts, a veterinary technician, put their arguments in perspective. Here is her much appreciated Comment of the Day on the post, Animal Ethics: Now THIS Is An Unethical Veterinarian: Continue reading →

A Shocking Legal Ethics Violation In Utah

/ Jack Marshall / 20 Comments
So...would you like to revise your testimony about the harmless electric shock, Professor?

“So…would you like to revise your testimony about the ‘harmless electric shock,’ Professor?”

(The title is an uncreative and obvious pun, but on the other hand, how often do I have a chance to make it?)

I always advise lawyers that whenever they have a sudden inspiration that involves a trial tactic that they have never heard of anyone else trying, they need to stop and examine whether there are ethical issues involved. Here is a good example of why that’s a good idea.

Electricity expert Athanasios Meliopoulos, while testifying to dispute the claim of Utah dairy farmers who had sued a power company alleging that current from its plant harmed cattle grazing nearby,  said under oath that 1.5 volts could not be detected by a human being.

Don Howarth, an experienced Los Angeles litigator who represented the farmers, decided to undermine the expert’s testimony on cross-examination by giving Meliopoulos  a joke shop pen that was rigged to deliver an electric shock. Howarth told the witness that the retractable pen contained a 1.5-volt AAA battery and challenged him to click it and “tell the jury whether you feel it or not.” What he did not tell the witness, or the jury, or the judge, was that in addition to the AAA battery, the pen also contained a transformer that boosted the battery voltage to up to 750 volts, enough to deliver “a harmless powerful shock,” according to the pen’s packaging.

Meliopoulos, a Georgia Tech professor, pushed the ball-point pen’s button  and was indeed shocked enough to cause  his body to jerk and force him to drop the pen.

How unethical is this? The judge, in fining the lawyer $3000 and issuing other sanctions, listed the breaches: Continue reading →

Cincinnati’s Swinger Parochial School Teacher Principle*

/ Jack Marshall / 10 Comments

Sexy nun*The reference in the title is to the “Naked Teacher Principle,” discussed often here. In brief, it holds that a teachers whose nude (or in some cases, almost nude or sexually provocative) photographs become publicly available cannot object when they are terminated as unfit to teach.

Teachers employed in the Catholic schools in the Cincinnati archdiocese are being asked to sign a new restrictive contract that denies them the option of engaging in acts outside the classroom that are in opposition to Catholic teachings. It expressly forbids a “homosexual lifestyle” as well as any public support of homosexuality. It forbids abortions or advocacy of abortion rights, surrogacy, and in vitro fertilization.  A teacher who signs the agreement agrees not to live with a partner as a couple outside marriage,  engage in sexual activity out-of-wedlock,  and not to endorse either practice.

New York Times columnist Frank Bruni is offended by this, and feels it is unethical. “Does a Catholic-school teacher relinquish the basic privileges of citizenship?” he asks, pointing to political engagement and free speech. Continue reading →

A Baseball Integrity Conundrum: The Non-Hit That Is Always Called A Hit But Shouldn’t Be

/ Jack Marshall / 7 Comments

In baseball, when a batter gets lucky and his pop-up or fly falls between fielders who could have easily caught it but who got mixed up, allowing the ball to drop in safely, it is scored as a hit, not an error, as long as neither fielder touched it on the way down. Sometimes this makes sense; usually it doesn’t. Then again, it also is ruled a hit if an immobile, fat outfielder can’t run down a fly ball that the average Little League could catch with ease, whereas if a faster outfielder runs over, catches the ball but drops it, it would be an error. Such are the scoring vagaries of baseball.

This particular rule of scoring drives some aficionados of the game nuts. Why should the pitcher be charged with a hit if his fielders were at fault? Why should a hitter get credit for a hit when what he did would have been an out if the fielders didn’t mess up, or the wind wasn’t blowing, or the sun didn’t get in their eyes? They are right, but a hit is what the game defines as a hit, and by practice and tradition, this has always been called one, so it is.

Except that on Friday night in Arlington, Texas, it wasn’t. Yu Darvish, the Abbott and Costello-named Texas Rangers ace, was pitching a masterpiece against the Boston Red Sox. In fact, with two outs in the 7th inning he was working on not just a no-hitter but a perfect game (no batter reaches base), either of which qualifies as a major, landmark achievement. Then Red Sox designated hitter David Ortiz (who would later single to break up the no-hitter with two outs in the ninth inning) hit a high pop-up to shallow right field, an easy out….except that it fell, untouched, between the Rangers second baseman and the right fielder, Nelson Cruz, who could have and should have caught it. It was a terrible way for a pitcher to lose a perfect game and a no-hitter, and a collective sigh of disappointment came from the Texas crowd, only to turn to cheers when the scorer (local sportswriters are given the job of deciding hits and errors in Major League Baseball) ruled the ball an error on Cruz. The perfect game was gone—anything, even an error, mars that—but the no-hitter was alive!
Continue reading →

On Lawyers, Jerks, and Ethics Blog Comment Malpractice

/ Jack Marshall / 20 Comments
Marilyn Ringstaff, an excellent and much-admired lawyer who has a some friends who need to learn how to write ethical blog comments...

Marilyn Ringstaff, an excellent and much-admired lawyer who has friends who need to learn how to write ethical blog comments…

In 2011, I posted this story and commenary:

Marilyn Ringstaff, a 2006 graduate of John Marshall Law School, had to pay a $250 fine as a result of a minor traffic accident when she was a first year law student. She represented herself in court, challenging Abe Lincoln’s rule that “If you represent yourself you will have a fool for a client and a jack-ass for a lawyer,” and then proved Abe correct—on both counts— when she argued on appeal that her own representation was ineffective.

Ringstaff paid the fine and sent along an obnoxious note with two smiley faces, reading, “Keep the change—put into a police/judicial education fund. I can certainly say this has been an educational experience. I am now a second-year law student and can honestly relate to what a crooked and inequitable system of ‘justice’ we have.”

Georgia’s Board to Determine Fitness of Bar Applicants took offense, and recommended that she should not be allowed to take the bar exam. It cited the note and her defense tactics, along with comments Ringstaff made during an informal board interview that “every police officer lies.”

The Georgia Supreme Court rejected the board’s conclusions, and Ringstaff’s path to a legal career is unencumbered. I agree with the opinion. Her snottiness and arrogance are hardly out of character for many in the legal profession, and at least there is a chance that she will mature, improve, and learn from this close call. More likely of course, is that a profession with more than its share of jerks just embraced another one. Continue reading →