Professions

Funeral Ethics: The Embalmer, the Board, and the Bearskin Rug Baby

/ Jack Marshall / 36 Comments

Troy Schoeller

Should the state board that licenses embalmers have yanked the license of Massachusetts embalmer Troy Schoeller after he described his work in graphic and disgusting terms to a reporter?

Schoeller is suing, claiming that the discipline violates his First Amendment rights, and I would think that he has a strong case. That’s a constitutional law question, however. My question is: did Schoeller do anything so unethical that it would justify taking his profession away…by telling the Boston Phoenix writer how he works to restore traumatized corpses, how the bodies of fat people react to the embalming process , how revolting the fumes emanating from bodies can be, and, most memorable of all, how he reconstructed the smashed body of a baby “that looked like a bearskin rug,” saying…

“I had to rebuild it in nine hours. I used everything: duct tape, masking tape, tissue builder, wound filler. … I put, like, coat hangers and caulk in there and put him into a little baby outfit. … He looked awesome.” Continue reading →

Comment of the Day: “The Legal Profession’s Muddled Standard For ‘Fitness To Practice’”

/ Jack Marshall / 1 Comment

...and that's why they wear masks!

Interested Blogger, or “IB,” makes some interesting observations about professional ethics enforcement generally and medical ethics in particular in the Comment of the Day, responding to the post, The Legal Profession’s Muddled Standard For “Fitness To Practice.” Her insight regarding the reasons why professionals are so reluctant to pull the licenses of misbehaving colleagues is astute, I think.  Lawyers and doctors are hesitant to punish individuals for doing something they could imagine themselves doing, though the Golden Rule is  being misapplied. It’s a disturbing thought, but an illuminating one: perhaps John Edwards keeps his law license because other male lawyers think, “Boy, that could happen to me: get smitten by some hot babe in the office, we fool around, she sandbags me on birth control…heck, I might panic. I might try a crazy scheme to cover it up, especially if it was all going to be played up in the tabloids. Poor guy! How can we disbar him?”

Here is IB’s “Comment of the Day”: Continue reading →

The Legal Profession’s Muddled Standard For “Fitness To Practice”

/ Jack Marshall / 3 Comments

OK, he has a temper, but hire him as your lawyer, and you can trust him with your life!

I confess: my profession’s standard for discipline bewilders me, and leads me to believe that nobody really knows what kind of conduct by a lawyer should dictate that he or she should be kicked out of the profession. I was reminded of this when I read a report about a former associate at a large New York law firm whose license was suspended for three years because he physically abused his girlfriend. A hearing panel had recommended a 60 day suspension, but the Appeals Court decided on three years.

Here is the basic rule regarding misconduct by lawyers, from the ABA’s Model Rules:

Maintaining The Integrity Of The Profession

Rule 8.4  Misconduct

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or

(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

Tell me: which provision did the brutal lawyer violate? Continue reading →

Unethical Quote of the Week: “Today Show” Co-Host Ann Curry

/ Jack Marshall / 17 Comments

 “What about Caroline [Kennedy], who is still alive?…Did you think about, as you talk about unburdening yourself, the idea that you’ve burdened other people now with this?”

—-“Today Show” co-host Ann Curry,  interviewing Jack Kennedy mistress and teen-aged sex toy Mimi Alford on Thursday’s NBC and suggesting that Alford was wrong and greedy to share the story of how the late President used, abused, and sexually exploited her, as was his habit.

Ann Curry’s Law: “The important thing isn’t getting the true story, but to make sure to avoid telling the truth when it might upset people I like.” Got that, everyone?

That’s right, Ann…why reveal the nasty truth about the misogynistic and ruthless character of an American icon, when it is so much more pleasant to keep lies alive?

Curry is beyond belief. She is supposedly a journalist, and yet her professed concern is how Kennedy family members will react to credible information about one of their own. History, Ann? Understanding who America’s leaders are? Learning the truth? Exploding mythology burnished by a lap dog press and meticulously nurtured by a wealthy family with a well-documented history of adultery and misogyny? Do any of these seem like legitimate goals to Ann Curry? Alford, whose relationship with Kennedy has been thoroughly confirmed, was miserably treated by the sex-addicted President, and yet Curry thinks that the intern has an obligation to protect the Kennedy family. Continue reading →

In The Catholic Institutions vs Obamacare Showdown, Law and Ethics Trump Morality…And Should

/ Jack Marshall / 118 Comments

The Christian Soldiers are on the wrong side of this argument.

A controversial rule, announced last month as part of President Obama’s health-care overhaul, requires religiously affiliated colleges and hospitals to provide female employees the full range of contraceptive coverage, including contraceptives, the “morning-after pill” and sterilization services. The measure has  Catholic Church-run institutions up in arms over a system that would force them would  to offer plans that contradict their teachings. Catholic bishops have been leading the growing criticism of the rule,  distributing letters and other materials for distribution to millions of worshipers. Talk radio is abuzz with talk of Obama’s escalating “war on religion.” Even the Washington Post editorial staff criticized the move.

Naturally, the Republican-run Congress announced, via Speaker Boehner, that it would protect Freedom of Religion and block the measure with legislation. All in all, it is a spectacular collision of law, morality and ethics the likes of which we seldom see.

As for simple-minded me, I don’t think this is an especially difficult problem from an ethical point of view. Politics? Practicalities? Culture wars? Yes, those are all extremely difficult considerations in this argument, but they are also not my proper realm. The ethics are clear.

President Obama is right. Continue reading →

Old Testament Treatment For The Miramonte Elementary School Culture

/ Jack Marshall / 5 Comments

It could be worse; at least no teachers have been turned into pillars of salt.

Following the discovery that two Miramonte Elementary School teachers, Mark Berndt and Martin Springer,  allegedly engaged  in lewd activity with students, Los Angeles Unified School District made the brave decision to replace all teachers and staff, with everyone being re-assigned. Predictably, there have been protests and criticism. The basic argument: it is excessive and unfair. The good teachers, whoever they were, weren’t at fault.

Yes, they were; at least, they were responsible, and share accountability for a culture they were part of. The school district’s decision correctly assumes that when two members of a relatively small teaching staff abuse young children over a long period, something is rotten at the school beyond those teachers. Oversight is lax, administrators are looking the other way, teachers are protecting colleagues or refusing to acknowledge the implications of what they see or hear. There is a substantial chance that the Miramonte Elementary School didn’t just have some proverbial bad apples, but that it had created a culture that encouraged apples to go bad. There can be no certainty that Berndt and Springer were the only abusers on the staff, and the safety of children is at stake. Clear out the school, and wipe out the culture; have new personnel from top to bottom. It is easier to start over with a rotten culture than to try to fix it: this was God’s attitude in the Old Testament, and He had a point. The difference is that He killed off corrupt cultures with floods and fire, or just made them wander in the desert for generations.  Luckily, this isn’t Congress, Wall Street, Hollywood, or Rupert Murdoch’s empire. You can start all over with a school. Continue reading →

Ethics Dunce: Judge Barbara Jaffe

/ Jack Marshall / 12 Comments

Yes, it's true this teacher wrote on Facebook that she wished her fifth grade students DEAD, but the comment was only meant for her friends to see, and hey, just because she hates them doesn't mean she can't teach them...so it's OK. Right, Judge?

New York Judge Barbara Jaffe disagrees with me on the issue I discussed here regarding Natalie Munroe, the elementary school teacher who still has her job despite professing her contempt and dislike for her elementary students and their parents on her blog. Thanks to Jaffe, Christine Rubino, whose online comments about her students were infinitely worse, has won a court challenge to her firing from her job teaching at PS 203 in Brooklyn, New York. The judge is wrong, and I am right. The judge is also a fool.

Imagine: last March,  the day after a 12-year-old Harlem schoolgirl drowned during a class trip to a Long Island beach, Rubino posted a vicious rant about her fifth-graders on her Facebook page. “After today,” she wrote, ” I’m thinking the beach is a good trip for my class. I hate their guts.”

A Facebook friend quickly asked, “Wouldn’t you throw a life jacket to little Kwami?” Kwami was the child who drowned. The 38-year teacher replied: “No I wouldn’t for a million dollars.” Continue reading →

Faculty Advisor? Principal?? Supervision??? Oversight???? HELLO?????

/ Jack Marshall / 2 Comments

Joey knows just how you feel, Kenny. Except that he, unlike you, isn't real.

Eighteen-year-old Kenneth “Kenny” Clements, a graduate of Miami’s Ronald W. Reagan/Doral Senior High School, has filed suit against the school district because in February of 2011, when he was a senior, the Reagan Advocate published a story entitled “Teens Stay Quiet About STD’s”. The school paper’s front page story featured a photograph of Kenny with an “x” over his mouth, signifying that he was hiding his disease.

But Kenny didn’t have any sexually transmitted diseases, and he didn’t give his permission to have his photo used to suggest he did. After the article appeared, he says, his fellow students called him “STD Boy.”

This was obviously a cruel, unfair and irresponsible act by the students running the paper, but look at how irresponsibly professional journalists behave when they are drunk with the power of the press. This is why school newspapers must have diligent and competent supervision by adults, to prevent these kinds of things from happening….as they inevitably will without a cool head and an experienced hand at the rudder. Continue reading →

Dwarf Tossing Is Back. So What?

/ Jack Marshall / 29 Comments

The traditional "throwing out the first dwarf" ceremony....

Dwarf tossing, a bar sport or spectacle or satire or something, was briefly in the news early last decade. Helmeted and padded little people were used as discuses or bowling balls by large, burly, often intoxicated men. It was weird; it could arguably be funny. Advocates for the unusually small got the activity banned in Florida and New York, and in Canada, while bills to ban it failed, public opinion opposing the games pretty much made dwarf tossing obsolete, like making fun of Paris Hilton.

Now comes the news that a strip joint in Ontario is reviving the sport, and  has scheduled a competition. Critics are horrified and outraged, because, well, they are horrified and outraged. Dwarf tossing, they say, is unethical.

Why? Continue reading →

The Runway and The Snowy Owl: An Ethics Conflict Tale

/ Jack Marshall / 29 Comments

“One showed up at the airport in Hawaii, and they shot it,” Denver Holt, director of the Owl Research Institute in Montana, told the New York Times.“It’s the first ever in Hawaii and they shot it!” Holt was expressing his dismay at the sad news that a snowy owl, one of the most magnificent of all American birds, had journeyed from its Arctic home all the way to Hawaii and been shot dead for its effort. He was quoted in a Times story about the sudden, mysterious surge in snowy owl sightings all over the country, giving people a chance to see the huge, white predators in places where they had never appeared before. Like Hawaii.

“Aloha!”

Bang!

Here is a lesson in the value of waiting to get the full story before making assumptions. I saw the Times story, and had sketched out a post on the doomed Hawaii visitor, something about mankind’s unethical impulse to destroy beautiful living things to make beautiful dead things like fur coats, trophies and stuffed snowy owls. But my travel travails made it impossible for me to finish it, and it’s a good thing. Honolulu Civil Beat had the rest of the story. Continue reading →