Professions

The ACLU Gives Us a Lesson in Principles

/ Jack Marshall / 18 Comments

Paul Scofield as Sir Thomas More

“What would you do? Cut a great road through the law to get after the Devil?…And when the last law was down, and the Devil turned ’round on you, where would you hide…the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down…do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!”—- Sir Thomas More [Played by Paul Scofield, scripted by Robert Bolt (in a speech adapted from More’s writings) in the film of “A Man for All Seasons” (1966)]

My opinion of Rev. Terry Jones is a matter of record; to summarize, I think he is well beneath Charlie Sheen, Donald Trump, Tom DeLay, Goldman Sachs, Nancy Pelosi, Eliot Spitzer, AIG, Charlie Rangel , Mark Sanford, Barry Bonds, “Ronbo” and most of the other members in bad standing on the Ethics Alarms Bottom 100. Determined as he is to sully the First Amendment with his disgraceful and hate-soaked use of it, however, he is an American, and he has rights. A Dearborn, Michigan jury, prompted by the city, has taken away those rights by preventing him and another fool from protesting outside a local mosque. Continue reading →

Quote of the Day: Theodore Roosevelt

/ Jack Marshall / 5 Comments

On this date in 1910, former President Theodore Roosevelt made his famous “Man in the Arena” speech, one of the most inspiring calls to courage and personal character ever spoken. Its most quoted passage is this:

“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.“

It’s an important quote, and not only because it carries the essence of a great man and leader. Teddy’s words should be revisited regularly by all those, including me, who stand on the sidelines passing judgment on the words and deeds of men and women who devote themselves to public service and elected office. It is not that we should not hold them to high standards and subject them to just criticism, for we should. We must always remember, however, that they have had the courage to undertake great responsibility and personal risk to accomplish what they believe is right, and though they may be misguided, mistaken, flawed or unsuccessful, they deserve our respect for that.

[Many thanks to my friend, Tom Vesper, a great trial lawyer and legal ethics specialist, for reminding me of the date and the speech.]

E-Mail Revelations: Prof. Ellen Lewin’s Unprofesssional Intolerance

/ Jack Marshall / 22 Comments

Ellen Lewin, a University of Iowa Professor of Anthropology and Gender, Women’s & Sexuality Studies in the Department of Gender, was so enraged by an e-mail invitation sent to the entire campus by the student Republican group that she fired off an e-mail in reply that said, succinctly,

“FUCK YOU, REPUBLICANS!”

The young Republicans circulated the e-mail, and now many people  and groups are calling for her dismissal. The incident has raised more ethical questions than mere civility. Continue reading →

Unethical Quote of the Week: Sen. John Ensign

/ Jack Marshall / 4 Comments

“While I stand behind my firm belief that I have not violated any law, rule, or standard of conduct of the Senate, and I have fought to prove this publicly, I will not continue to subject my family, my constituents, or the Senate to any further rounds of investigation, depositions, drawn out proceedings, or especially public hearings.”

Sen. John Ensign (R-Nev.), announcing his resignation from the U.S. Senate about two years late. Ensign’s continuing service in the upper chamber has been a continuing embarrassment thanks to a 2009 sex scandal and sordid cover-up attempt. Interestingly, Ensign maintains that such conduct doesn’t violate any “standard of conduct” for him and his colleagues.

Sadly, perhaps he’s right.

“I didn’t violate any laws or rules” has been Ensign’s mantra since it came to light that he: Continue reading →

Ethics Dunce: Daily Kos Blogger “bal”

/ Jack Marshall / 8 Comments

Did Past Paul Ryan make Future Paul Ryan a hypocrite, or vice-versa? Is that even possible?

I sometimes comfort myself with the fantasy that the extreme left websites like The Daily Kos are written and read solely by 15-year-olds. While this adds to my anxieties about the public schools’ incompetence at teaching basic skills like logic, analysis and argument, it soothes my fears that our nation’s policies and political discourse are being dangerously warped by millions of addled adults whose passion is untempered by even a modicum of fairness and common sense. In this spirit, I am hoping that bal is a teenager, which would explain, though not justify, his absurd post on Kos. I fear he is not.

He writes, “I guess it’s only when social programs help other people that they’re bad, because I haven’t seen Paul Ryan acknowledging how Social Security benefits helped him and his family in trying times. Continue reading →

Are Conviction Bonuses For Prosecutors Ethical?

/ Jack Marshall / 10 Comments

Next, how about a bonus for confessions?

Sometimes a story starts the ethics alarms ringing so loudly that it is hard to think about anything else. It is rare, however, to have this occur when it is not entirely clear what is so unethical. An unusual bonus arrangement in Colorado is in this category.

Carol Chambers, the District Attorney for Colorado’s Eighteenth Judicial District, offers financial incentives for felony prosecutors who meet her office’s goals for convictions.  Plea bargains and mistrials don’t count in the incentive program; they have to be trial convictions.  The bonuses average $1,100, and Chambers says she gives them out to encourage prosecutors to bring her district’s rates in line with other jurisdictions in the state. No other Colorado DA gives out bonuses, or bases evaluations on conviction rates. Continue reading →

Judge Walker Was Wrong

/ Jack Marshall / 27 Comments

Now that we know about Bert, should Judge Ernie have recused himself?

Judge Vaughn Walker, the Federal District judge who a year ago ruled California’s Proposition 8, which banned same-sex marriages, unconstitutional, was wrong. No, not about the law, which is pretty clearly unconstitutional: his opinion was fair and well-reasoned, and is likely to be upheld on appeal. Walker was ethically wrong in his handling of the delicate issue of his own sexuality, which had raised a controversy about his objectivity and ability to be impartial.

Two weeks ago, following his retirement from the bench, Walker publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. This changes the analysis regarding the propriety of his ruling on Perry v. Schwarzenegger. Walker had long been rumored to be gay; supposedly “everybody” knew he was gay. My position, as well as that of many others considering the arguments of anti-gay marriage opponents that he should recuse himself, was that sexual orientation could not and should not create a presumption of bias, any more than gender, age, race or marital status. Continue reading →

NBC Tries a Hit on Trump, and Exposes Its Own Incompetence

/ Jack Marshall / 11 Comments

“Trump Fumbles Abortion Question” trumpeted “The Daily Beast” under the label “Confused”. It caused my heart to leap: could The Donald have stuck his foot in his mouth with an obnoxious-presidential-campaign-flirtation-destroying gaffe so soon?  Callooh! Callay!

I rushed to the link, which was on the NBC News site, only to have my hopes dashed. Trump hadn’t made a gaffe at all. Some biased, ignorant NBC reporter, who has decided that it is her life’s assignment to show the American public just who is and who isn’t qualified to run for President of the United States, tried a deceitful and unfair trick question on Trump, who promptly identified it as such. Then, completely mistaken about her assumption that his answer was disqualifying at all, she smugly sat back while her colleagues in the media attempt to present the exchange as a “gotcha.” In  other words, Trump is going to get the Sarah Palin treatment, and this was the first, jaw-droppingly stupid attempt at it. Phooey! It’s bad enough that I keep having to stand up for Palin; now I have to stand up for—ughhh!–-Donald Trump!

Here is part of NBC’s Vaughn Ververs’ account of the exchange between NBC’s Savannah Guthrie and Trump: Continue reading →

The Professions Most Likely to Cheat on Their Taxes?

/ Jack Marshall / 8 Comments

Gee, where do "Treasury Secretaries" fall on the list?

A study of I.R.S. data by a University of Chicago graduate student, now Doctor, Oscar Vela,  produced the following list of the professions most likely to file fraudulent tax returns, at least according to his analysis. Make of it what you will. The Time Magazine website blog post about the list is worth reading, first for the blogger’s highly questionable theories explaining, for example, why lawyers aren’t on it, but mostly to see conclusive proof that Time is hiring English-as-a-second-language night students, relatives of Ko-Ko the talking gorilla, or stroke victims to write their blogs. Sample sentence: “His conclusion was that as much as we would like to think so we pay taxes out of  the goodness of our hearts, or even because we are fearful of fines or worse.” Henry Luce just did a back-flip in his grave.

Dr. Vela’s theory is that the professions that are required to maintain a perception of integrity are less likely to cheat. Let us say that I am dubious. Why then are scientists so high on the list?

Here it is: Continue reading →

Now We Know: 22.5% of Business Execs Don’t Know What Ethics Is

/ Jack Marshall / 3 Comments

The Potter Factor: is 20% too much?

David Sokol was widely believed to be the anointed successor to billionaire Warren Buffett at the helm of Berkshire Hathaway Inc. until he resigned unexpectedly, following shocking revelations about his personal stock trading. Clever Sokol! He purchased ten million dollars worth of shares in Lubrizol Corp., a chemical company, then persuaded his boss, Buffett, to acquire it. Buffett agreed, the purchase swelled the values of the stock, and Sokol then sold his shares at a hefty profit, about 3 million dollars.

Sokol lost his job over the transaction, which has tarnished Buffett’s reputation, but he got his money. He appears to have found a neat little loophole in the insider trading prohibitions, which make it illegal for an individual to profit from investments made with the assistance of information that is not generally known. If Sokol knew that Buffett was going to purchase Lurizol and bought the stock to profit from it, he could be headed to jail. Because he made the purchase before he and Buffett discussed the deal, however, he’s only heading to the bank. Galling as it is, most authorities agree that he broke no laws.  Continue reading →