Professions

Non-Douche Neil Patrick Harris Almost Gets It Right

/ Jack Marshall / 2 Comments

Neil Patrick Harris...no douche he! But is it for the right reasons?

In a cover feature story for Entertainment Weekly, Neil Patrick Harris (or whoever ghost-wrote for him) lays out his Hollywood Survival Guide. Secret of Hollywood Survival #6 for the star of “How I Met Your Mother” and ubiquitous awards show host is “Don’t Be A Douche”:

“Hollywood affords many opportunities to be a douche of epic proportions,” writes the grown-up “Doogie Howser,” “Avoid the temptation.”  He continues:

“Being a pleasant person has got to count for something….Actors sometimes take themselves far too seriously and put themselves on a different level [from the crew.] But everyone’s working really hard and should be afforded the same level of respect.”

For that, Neil gets an Ethics Alarms salute. Unfortunately, he scars his achievement by going on to explain how the make-up people, the film editor and the transportation department can really nail you if you don’t treat them well.

Given the breezy tone of the article, Harris was probably joking, but the joke reinforces the misconception many people have about ethics, which is that ethical conduct is a quid pro quo. It’s not. The Golden Rule isn’t “Do nicely unto others do they won’t screw you over,” and someone’s less than nice behavior  toward you doesn’t justify your being a douche to him. One isn’t respectful to the waiter because he’s liable to spit in your soup if you’re not, but because it’s the right way to treat other human beings.

Neil Patrick Harris certainly seems like a decent guy, and he probably is. I just wish, in the pursuit of a pretty stale joke about how the make-up people will get even by making you look like a troll, he hadn’t reinforced one of the most persistent of unethical rationalizations.

A Fan’s Obligation: 12 Life Lessons From Being a Red Sox Fan

/ Jack Marshall / 9 Comments

Thanks Carlton. I won't forget.

This is not going to be a fun day.

The Boston Red Sox, the baseball team to which I have devoted a remarkable amount of my time, passion and energy over a half-century, are threatening to complete late season collapse of embarrassing and historic proportions. A spectacularly bad month of September has the team holding on to its once assured post-season play-off slot by its fingernails, and the squad appears to be dispirited and unhinged. Today the Red Sox play a double-header with the New York Yankees, the team’s blood-foe, and its prospects don’t look good. I, of course, must watch both games.

Following a losing baseball team is emotionally hard—I listened to or watched every game the Red Sox played in a six year period in which they never had a winning season— but following a collapsing winning team is much, much worse. It feels like a betrayal, yet at the same time the fan feels guilty for being angry with the players, who undoubtedly are suffering more than you are. This is, after all, their career. Still, you have had your hopes raised over many months; you have, if you are a serious fan, attached your self-esteem to your team’s fortunes. Watching it tank is like watching a presidential candidate you have argued for, and gone to rallies for and contributed to make an ass of himself in a debate. (And no, I’m not a supporter of Rick Perry.) Continue reading →

Can a Lying Journalist Be a Trustworthy Lawyer?

/ Jack Marshall / 12 Comments

Stephen Glass: Would you trust this man?

When New Republic Editor Charles Lane fired Stephen Glass, the infamous journalist for that and other magazines who in 1998 was exposed as having fabricated many articles he had represented as true, he was quoted as saying,  “Glass is a man without honor who operated out of hostility and contempt; he has no place in journalism.”

Now the question is whether such man now has a place in the law.

A petition for review has been filed by the California Commission of Bar Examiners contesting the  State Bar Court’s finding that Glass is now morally fit to practice law. He passed the California bar exam in 2007, but the committee blocked his admission, finding that his previous record of professional dishonesty, though in another profession, showed such a deficiency of character that it disqualified him from legal practice as unfit. Then a hearing judge over-ruled the Commission, and found that Glass had reformed sufficiently to render trustworthy. The opinion was upheld 2-1 by the State Bar Court. Continue reading →

Ethics Dunce: Actor Morgan Freeman

/ Jack Marshall / 24 Comments

Ah, God...you disappoint me.

As long as shameless, irresponsible race-baiters keep attributing opposition to President Obama’s presidency to bigotry, I’ll keep naming them Ethics Dunces.

The latest in this disgraceful parade is distinguished African-American actor Morgan Freeman, who told CNN’s Piers Morgan in an interview that the Tea Party and the Republican Party antipathy to the President is motivated by racism, saying…

“Their stated policy, publicly stated, is to do whatever it takes to see to it that Obama only serves one term. What’s, what does that, what underlines that? ‘Screw the country. We’re going to whatever we do to get this black man, we can, we’re going to do whatever we can to get this black man outta here’…It is a racist thing…it just shows the weak, dark, underside of America. We’re supposed to be better than that. We really are. That’s, that’s why all those people were in tears when Obama was elected president. “Ah, look at what we are. Look at how, this is America.’ You know? And then it just sort of started turning because these people surfaced like stirring up muddy water.” Continue reading →

More S.E.C. Ethics Blindness

/ Jack Marshall / 1 Comment

What good is a blind watchdog?

Back in February, I told the tale of David Becker, former S.E.C. General Counsel, who had inherited money from his mother that was really the fruits of the Bernie Madoff investment scandal after he had served in the post while Madoff was merrily swindling people as the S.E.C. twiddled its thumbs. Becker apparently wasn’t in the information chain that should have led the S.E.C. to stop Madoff , and the scandal was uncovered after he left the agency. In 2009, after the Madoff mess had exploded, he rejoined the agency in his old job, but when it came to light that he and his brothers had inherited $2 million Madoff-manufactured profits from their mother, he quickly stepped down. My view was that Becker was a victim of circumstance: he had the appearance of impropriety, but hadn’t done anything wrong.

I should have known better: after all, this is the Securities and Exchange Commission, where they illegally shred files and the regulators look at porn all day. Now it is revealed that… Continue reading →

Why Doesn’t This Government Ethics Alarm Go Off…Or Does It Even Exist?

/ Jack Marshall / 14 Comments

"Let's see...cheese on a Ritz, or Beef Wellington...Hell, let's spring for the Wellington--everyone OK with that?"

I just don’t understand it. I never have.

In a report released today, the Justice Department’s inspector general revealed that U.S. Justice Department agencies spent absurd amounts for lavish food at conferences, in one case serving $16 muffins, in another dishing out beef Wellington appetizers that cost $7.32 per serving, and in yet another, a March 2009 conference of the Office on Violence Against Women, serving Cracker Jacks, popcorn and candy bars at a single break to the tune of $32 per person. Yum!

The abuse isn’t unique to the Obama Administration, but it has gotten worse. The inspector general reviewed a sample of ten Justice Department conferences held between October 2007 and September 2009 at a cost of $4.4 million, a period that included the administrations of Republican George W. Bush and Democrat Barack Obama. The Justice Department spent $73.3 million on conferences in fiscal 2009, compared with $47.8 million a year earlier, according to the report. Continue reading →

The Dominatrix Lawyer Principle?

/ Jack Marshall / 19 Comments

"Your witness, Counsellor."

Alisha Smith, 36, by day a lawyer in the state Attorney General’s Office specializing in prosecuting securities fraud, prowls the night as “Alisha Spark,” a dominatrix who performs at S&M events for pay. So reports an expose in the New York Post. At a recent S&M event, Alisha posed for photos with fellow fetishists, wearing a skin-tight, see-through latex dress with heart-shaped pasties.“They pay her to go to the events. She dominates people, restrains them and whips them,” the Post’s source said.

Yesterday, the Attorney General removed Smith from her duties. “The employee has been suspended without pay, effective immediately, pending an internal investigation,” said a spokesman for state Attorney General Eric Schneiderman. The lawyer-dominatrix’s punishment, which will may eventually involve dismissal, will undoubtedly be based on a standing executive order in the Attorney General’s Office that requires employees to “obtain prior approval from the [Employment Conduct Committee] before engaging in any outside pursuit … from which more than $1,000 will be received or is anticipated to be received.”

Whipping enthusiastic S&M lovers pays a lot better than that.

She should be dismissed anyway. Her activities breach no legal ethics rules, but as a representative of the state, the Attorney General and the justice system, “Alisha Spark” was obligated conduct herself in a manner that did not undermine the system’s dignity or call the competence of the Attorney General’s Office into question. Even if she had been whipping leather-clad, squealing men free of charge, she was still duty-bound to keep her kinky escapades secret and private, because once they became public, if they did, they would harm her ability to do her legal job. Would a jury be as likely to accept an argument from a prosecutor who had pictures circulating the internet showing her whipping up fun in her alternate profession while dressed like Cat Woman? Maybe, but no sane Attorney General would want to take that chance.

Kinky though she may be, Smith is apparently good at her day job. If the Attorney General  believes that his office won’t be tangibly impeded by her continued employment in a legal role that doesn’t require a high profile or courtroom duty, then it would make sense to keep her on. Otherwise, it is the Naked Teacher Principle again, under the rare sub-category labeled “Dominatrix Lawyers.”

The Washington Post’s Hypocrite Who Doesn’t Understand Hypocrisy

/ Jack Marshall / 13 Comments

Washington Post columnist Erik Wemple says he really, really believes that it is bad journalism to write about the pre-marital sex of public figures, particularly before they were public figures. After all, 1) it’s nobody’s business and 2) it’s an invasion of privacy. But Wemple wrote this week that he makes an exception to that rule when hypocrisy is involved. Thus it is OK for Sarah Palin’s slimy biographical hit-man Joe McGinnis to dish about rumors of her dalliances before she was wed, because, Wemple says, in a 2006 Eagle Forum questionnaire, Palin indicated that she supported funding abstinence-until-marriage education programs and opposed teaching sex-education programs. This makes her a hypocrite, he claims, so journalists quoting McGinnis’s invasion of privacy and violations decency is fine and dandy with him.

Wemple is wrong once, twice, three ways:

1. What Palin says years after her pre-marital sexual exploits, assuming there were any, can’t possibly make her a hypocrite. It is not hypocritical for a mature and experienced adult to decide that her conduct in the past was mistaken, unwise and risky, and to advocate policies that discourage it in others. Condemning someone for learning from mistakes and trying to craft public policy based on acquired wisdom is the mark of a fool. Continue reading →

Ethics Hero: Nobel Prize Recipient Ivar Giaever

/ Jack Marshall / 26 Comments

"You keep using that word 'incontravertible.'; I do not think it means what you think it means."

Nobel Prize winning physicist Ivar Giaever just resigned as a Fellow of the American Physical Society (APS) in protest over the group’s official position that

 “The evidence is incontrovertible: Global warming is occurring,” the APS stated. “If no mitigating actions are taken, significant disruptions in the Earth’s physical and ecological systems, social systems, security and human health are likely to occur. We must reduce emissions of greenhouse gases beginning now.”

Giaever, an 82-year-old Norwegian, sent an e-mail to the APS  announcing his resignation, saying he  “cannot live with the statement” on global warming. Giaever wrote:

“In the APS, it is ok to discuss whether the mass of the proton changes over time and how a multi-universe behaves, but the evidence of global warming is ‘incontrovertible?’ The claim (how can you measure the average temperature of the whole earth for a whole year?) is that the temperature has changed from ~288.0 to ~288.8 degree Kelvin in about 150 years, which (if true) means to me is that the temperature has been amazingly stable, and both human health and happiness have definitely improved in this ‘warming’ period.” Continue reading →

Comment of the Day: “Unethical Quote of the Month: Canadian Judge Joanne Veit”

/ Jack Marshall / 27 Comments

The Comment of the Day, by Eric Monkman, is one of many excellent comments on yesterday’s post on the words of a Canadian judge in allowing a woman who murdered her newborn infant to go free.

There are many threads in the discussion, and I am not caught up. I officially apologize to combatants Eric and tgt especially for not being able to respond in sufficient detail, or in some cases at all, to their thoughtful posts. This an example of the limitations of the blog comment format. I wish I could organize a conference call.

The discussion went into so many directions that the initial post’s point was distorted, in part by me. Here is how I would summarize it:

Judge Veit’s quote, the actual focus of the post, strikes me as ethically offensive because 1) the statement that “many believe” abortion is a less than ideal solution to unprotected sex suggests that abortion is acceptable as a primary method of birth control. The commenters object to my interpretation of the judge’s phrasing to mean that she personally believes the adverse of the statement, that abortion is an ideal solution to unprotected sex. (The ideal solution to unprotected sex is not to have unprotected sex.) OK. I see their point. I still read it differently, and my comments are based upon my reading. At best, it is a sloppy, imprecise statement. 2) The comparison, and equivalency, between grief for the child—who is dead, and who was killed by the person who was most responsible for her welfare—and grief for the murderous mother, who is alive, and who is avoiding legal sanctions for her crime, shows a warped set of ethical values. The implication is that the life of a child is no more important, nor has any more regard from the society, than the emotional comfort of the mother. I know that is the standard in Canada, and in much of the US. It is wrong.

The subsequent discussion about how acceptance of abortion leads to acceptance of infanticide was focused on the U.S., but mistakenly assumed that this was the order of events in Canada. It was not; I think that is affirmatively strange, as one would assume that a human life would not be less valued in a society as it became more viable. It doesn’t change my analysis regarding the U.S., however.

Eric asks some good questions which I will address at the end. Here is his Comment of the Day, on “Unethical Quote of the Month: Canadian Judge Joanne Veit”: Continue reading →