Professions

Mets Announcer Gary Cohen Was Right and Cubs Rookie Matt Shaw Is…What, Exactly? And What Am I?

/ Jack Marshall / 19 Comments

Chicago Cubs rookie third baseman Matt Shaw skipped the Cubs’ game against the Reds on Sunday after receiving a call from Charley Kirk’s widow. Instead, the player attended the memorial event for the assassinated activist at State Farm Stadium in Arizona. Shaw is not just a Kirk admirer: Shaw had something of a personal relationship with Kirk that he described as important to him, though they were not close friends.

During Tuesday’s Mets-Cubs game at Wrigley Field, game, Mets play-by-play announcer Gary Cohen said, “Shaw had Cubs world in a tizzy this weekend when he was not here for the Cubs game with the Reds — a game they lost (1-0) and in which his lack of presence was felt. It was later revealed that he had been given permission to attend Charlie Kirk’s funeral.”

Cohen added, “I don’t want to talk about any of the politics of it, but the thought of leaving your team in the middle of a race for any reason other than a family emergency really strikes me as weird.”

Naturally, Kirk-worshiping Mets fans erupted on social media, with some pledging to boycott any games announced by Cohen and others insisting that he be fired. Now, Cohen didn’t say anything negative about Charley Kirk at all. Moreover, he was 100% right. It is very weird, although weird would not be my word for it. Skipping an important game in the waning days of a baseball season when your team seeks your services is selfish and unprofessional. Shaw is a rookie and “only” makes the MLB minimum of $760,000; nonetheless, that salary commits him to being available to play if he is healthy. This wasn’t his wife giving birth or a desperately sick child or the death of a parent—the MLB Players’ Union bargained for special leave for such events.

Some wags have pointed out that the rookie is hardly a star: he’s about a league average hitter, though his fielding at third is outstanding. That misses the point. He was obligated to play baseball, not to go to a memorial ceremony. An actress bailed on an ethics program she was supposed to assist me on, with almost no notice, because her grandmother died. ProEthics, as in me, blackballed her after that, and I told her not to bother auditioning for any professional shows in the D.C. area I directed. Woody Allen said that 80% of success is just showing up, and I couldn’t trust this alleged professional to do that.

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Ethics Quiz: The Lawyer’s Facebook Post

/ Jack Marshall / 13 Comments

Insurance litigator Bradley Dlatt was fired by law firm Perkins Coie and has been erased its website after he posted on Facebook,

“Charlie Kirk got famous as one of America’s leading spreaders of hatred, misinformation and intolerance.The current political moment—where an extremist Supreme Court and feckless Republican Congress are enabling a Republican president to become a tyrant and building him a modern-day Gestapo for assaulting black and brown folks—is a result of Charlie Kirk’s ‘contributions’ to American media and politics. Hell, Kirk would likely be flattered by the underlying claim. His Turning Point USA began as a sort of Misbehaved Young Republicans and eventually overshadowed traditional right-wing organizations like CPAC in dictating the shape of American conservatism. Not to diminish Donald Trump’s media instincts, but when polls suggest young men turning more conservative helped get Trump to this point, that’s all Kirk. And he can take credit for all that flows from that, including the current Supreme Court making a straightfaced proclamation that forgiving student debt is executive tyranny and then deciding that sending people to South Sudan without due process is just “practicing executive authority the right way.” It’s not “celebrating” a murder just because you decline to whitewash Kirk’s legacy by acting like he “was practicing politics the right way” as Ezra Klein belched out onto the pages of the New York Times. Klein apparently believes saying that the guy who tried to murder Paul Pelosi with a hammer should be bailed out by some “patriot” or responding to the murder of George Floyd by calling him a “scumbag” is “the right way.” It’s a stunning display of pathological centrism brain: a compulsion to champion an angle that almost no one in the real world shares and then preen as though being an outlier is a sign of genius. Because while liberals didn’t think Kirk practiced politics the right way… neither did conservatives! If they’re being honest with themselves, the highest compliment conservatives give Kirk is that he broke politics. He saw the dusty, genteel norms of the post-War political divide and tossed them aside to build a following. He took Rush Limbaugh’s model and pushed it beyond its limits. That said, no one in this country should be murdered for their political speech. Wishing comfort to his wife and children in this difficult time. “

Your Ethics Alarms Ethics Quiz of the Day: Continue reading →

On Re-Watching “The Magnificent Seven” and Finally Realizing What It’s About

/ Jack Marshall / 11 Comments

I am trying hard to write about something other than the Charley Kirk Ethics Train Wreck despite the din making even thinking about other ethics issues difficult. Naturally, my default solution is the Great American Ethics Genre: the American Western.

I have been bringing a younger friend up to speed in his cultural literacy pursuits, and recently had him view the original John Sturgis-directed version of “The Magnificent Seven,” a great ethics movie and one of the ten best Hollywood Westerns ever made, a tough field. I have written about the movie several times on EA, but I am abashed to say that it never quite sunk in what the film was really about until that last viewing.

The film is about professionalism. Once that bell rang, I couldn’t believe that I hadn’t realized it before. It is a filmed course in professionalism—the quality of justifying the trust a particular practitioner of an occupation dedicated to public service must maintain to be considered a professional. I would love to teach a professionalism course using the movie as the centerpiece.

Years ago, retired EA commenter Bob Stone-–I hope he isn’t Trump-Deranged now—wrote a piece for his own blog about how the film illustrated the difference between law and ethics. He wrote in part,

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I’m Sorry, But EA Cannot Resist the Saga of the Indignant Rhode Island Prosecutor

/ Jack Marshall / 5 Comments

The now viral video above pretty much says it all, but the episode warrants special notice.

Special Assistant Attorney General Devon Flanagan, was arrested for trespassing on August 14, and in her many recorded protests, including a variation on the infamous “Do you know who I am?” lament, earned not only social media immortality but probably a lifetime of ridicule. She was arrested for trespassing outside the Clarke Cooke House restaurant in Newport, ludicrously calling out “I’m an AG! I’m an AG!” as well as “You’re going to regret this! You’re going to regret it!” as she put in the back of a police car.

It is believed that alcohol was involved. She also told the officers that they were obligated to turn of their bodycams if a citizen demanded it, which was, as one of the officers sagely observed, “bullshit.” Flanagan has been suspended in the wake of the incident. Presumably she will be fired.

Rhode Island Attorney General Peter Neronha called her conduct “inexcusable.” Ya think?

“I’ve got 110 lawyers. She embarrassed all of them,” Neronah said. “It’s just really hard to find and keep capable lawyers, and so I just have to think really carefully about this one. But no question there will be a strong, strong sanction here.”

It’s really hard to find qualified prosecutors who don’t get drunk and make fools of themselves in public? Interesting.

“I’m not sure what she was thinking. Clearly, she was not thinking straight,” Neronha said.  “She’s humiliated herself. Regardless of what happens vis-a-vis her employment with us, she’s going to have a long time coming back from this,” he added. “It’s just really unfortunate.”

Mark this down as just one more chunk taken out of the public’s trust in our justice system. On the bright side, “I’m an AG!” may have some staying power. much like “Let’s go Brandon!” For example…

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Nah, The Democratic Party Hasn’t Become Openly Anti-Semitic! It’s Just That One of Its Biggest Allies Wants To Erase Jews From the Holocaust…

/ Jack Marshall / 6 Comments

When I read about this, I was certain that some NEA-hating conservative news source was exaggerating. Nope. It is right there in black and white, as you can see above in the entry from the National Education Association’s newly released 2025 handbook. My brain found this so shocking that it refused to explode as it should have, and just went into a safety shutdown. I can’t account for the last three hours…

The nation’s largest teacher’s union is a massive contributor to the Democratic Party, a major reason why public education has deteriorated into ideological indoctrination, and a force for ill in American culture and society. It was, for instance, substantially responsible for the disastrous decision to close the schools in the midst of the Wuhan Virus Ethics Train Wreck. Now it has openly proclaimed its hostility toward not just Israel, but the Jewish people.

The handbook, the NEA’s guide for the union’s nearly 3 million members, describes the Holocaust as having “12 million victims… from different faiths.” As unquestioned historical sources make undeniable, “The Final Solution” was at the core of Hitler’s extermination project. The NEA says the union will “promote the celebration of International Holocaust Remembrance Day” by “recognizing more than 12 million victims of the Holocaust from different faiths, ethnicities, races, political beliefs, genders, and gender identification, abilities/disabilities, and other targeted characteristics.” This section is on the page before the one shown above:

The NEA then promotes “Nakba” education, which describes Israel’s founding in 1948 as the “forced, violent displacement” of 750,000 Palestinians. The document further pledges to teach that “anti-Zionism is not antisemitism” and defends educators’ and students’ “free speech in defense of Palestine.” In case the graphic above is too hard to read, here are the key sections:

States one news source, “Critics argue the NEA is promoting a one-sided, revisionist history while ignoring the central role of Jews in the Holocaust.” This would warrant a “Ya think?” except that I have used my quote for today in the previous post. Where’s the “argument”? That is exactly what the NEA does in the handbook, and the position goes beyond unethical into evil. The group is obviously proud of its position and confident that the Democratic Party and the public supports it.

Did you know that the Republicans and Donald Trump are Nazis?

Now what? Here is what…

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The Smearing of the President

/ Jack Marshall / 6 Comments

…or, “Nah, there’s no mainstream media bias!” Or, “THIS is CNN…”

Apparently the Axis media has made the considered decision to continue its unethical behavior from the first Trump term by employing any means necessary to create distrust in the elected President. This strategy, which is not only unethical journalism but despicable citizenship that is dangerous to national stability, also deliberately exploits and aggravates Trump Derangement Syndrome, which I now genuinely believe needs to be recognized by the American Psychiatic Association as a mental disorder. Because it is: the things many of my otherwise intelligent, educated and rational friends are posting on Facebook this year are heartbreaking. For example, several once-rational friends think this is a trenchant meme:

Morons. I’ll write a post about this current delusion later today, but it illustrates the point.

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Now THESE Are Unethical Doctors….

/ Jack Marshall / 5 Comments

Bart Writer, 56, died shortly after undergoing cataract surgery at Colorado’s InSight Surgery Center on February 3, 2023. The reason? The two doctors performing the operation were distracted by playing “music bingo” and failed to notice that he had stopped breathing.

A lawsuit filed by his widow claimed that the “the distraction of the music bingo game … contributed to the operating room staff’s failure to monitor Mr. Writer’s vital signs during the procedure” and ultimately led to his death. The game involved listening to ’70s and ’80s songs and linking band names to the letters B-I-N-G-O. Dr. Carl Stark Johnson, the surgeon, and Dr. Michael Urban, the anesthesiologist, regularly played the game during operations and admitted this in their depositions.

The lawsuit was settled, but now the two doctors swear the distraction had nothing to do with their patient’s death. Well, to be more specific, the two doctors are blaming each other. Johnson, who has performed over 25,000 cataract surgeries, blames Urban for silencing critical monitoring alarms without informing the surgical team. “I know that he wasn’t paying attention to the vital signs and doing his job,” he said. Urban, who is now practicing in Oregon, stands by his care and disputes Johnson’s version of events.

Writer, meanwhile, like Generalissimo Francisco Franco, is still dead.

Questions: Why is that surgery center still treating patients? Why hasn’t it been razed for a parking lot?

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Pointer: JutGory

An Incomplete Preview of Coming Attractions (Or Upheavals, or Reforms, Depending on One’s Point of View…)

/ Jack Marshall / 18 Comments

I have hinted here at various times recently of a major ethics project that I am working on relating to a growing and so far barely recognized scandal in the civil justice system. It is time to reveal a few details.

There are corrupt tactics and practices in the legal world centering on the litigation of mass torts. They are responsible for losses totaling billions of dollars inflicted on the victims of injury, plaintiffs, corporate shareholders, and taxpayers. These have metastasized over the last decade, spread by the opportunities created by too-loosely regulated law firms being allowed to include non-lawyer partners (in D.C., Arizona, and Utah), the rapid explosion of litigation financing provided directly to lawyers and law firms after a century of being regarded as an unethical practice to be avoided, and a tsunami of unethical and deceptive maneuvers that have been largely ignored by or unreported to the legal profession’s ethics watchdogs.

Quite by accident, I became aware of these practices in my legal ethics practice, frequently by being retained by lawyers and law firms who were the victims of them, and whose clients were at risk as a result. I was stunned at the depth of ignorance of this scandal among most lawyers, which, of course, is one major reason why it continues unabated. I began having regular discussions with legal ethics authorities, and, upon finding a whistleblower who had been an architect of many of these practices, began assembling a coalition, still growing, to expose the bad actors, tighten up the laws, regulations and legal ethics rules that have allowed them to thrive, and to overhaul the system itself that is neither trustworthy nor safe.

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The Hate [Updated]

/ Jack Marshall / 52 Comments

I initially was going to make those teets above the subject of an ethics quiz. The question: “Is it fair to use cherry-picked Trunp-Deranged quotes from social media to show that Democrats and progressives have lost all sense of proportion, decency, fairness and even humanity?” But the answer is obvious, isn’t it? No! Social media is a toxic waste dump of awful people and thoughtless expression based on irrational emotion. I daresay one could find many idiotic, nauseating and disgusting statements on all topics and from any ideological point of view. “Democrats” aren’t celebrating the deaths of the flash-flooding victims; sick, warped Democrats are, and they are not representative of their party or their communities.[“I hope.” “Yet.” “Ya think?”]

And yet these outliers are plentiful enough that they lead members of the hateful to blurt out their corrupted attitudes, with, frequently at least, disastrous consequences that are richly deserved. Case study: Dr. Christina B. Propst, a pediatrician, was deluded by her social media bubble and sufficiently de-brained by Axis media propaganda that she really thought she would receive nothing but plaudits for vomiting out this Facebook post:

“May all visitors, children, non-MAGA voters and pets be safe and dry. Kerr County MAGA voted to gut FEMA. They deny climate change. May they get what they voted for. Bless their hearts.”

Why, how did she think it could ever be acceptable for a medical professional to wish death on anyone, never mind a pediatrician claiming that the death of children is just desserts?

Propst’s employer, Blue Fish Pediatrics, couldn’t announce that “the individual is no longer employed” there quickly enough, posting,

The head of the Texas Medical Board, Dr. Sherif Zaafran, tweeted, “There is no place for politicization. The entire focus needs to be on looking for survivors. Any complaints we may receive will be thoroughly investigated.”

It is frightening that once-reasonable people really have surrendered their rational thought and common sense to hate so thoroughly in the throes of Trump Derangement that they could think that a public statement like Dr. Propst’s would be anything but career ending. This was signature significance: no professional who posts such a vile sentiment even once can ever be trusted again. She has terrible judgment and detestable values. 

Update: Here is another one. [Pointer: Other Bill] This woman’s comments are more than “inappropriate”…

The ABA Is Defending Its Racially Discriminatory Scholarships…Of Course It Is.

/ Jack Marshall / 4 Comments

Res ipsa loquitur, no?

In April, the American Alliance for Equal Rights led by Edward Blum, the scourge of affirmative action and “good discrimination” policies, filed a complaint in an Illinois federal court alleging that the American Bar Association’s 25-year-old Legal Opportunity Scholarship discriminates against white applicants. Since their skin color renders them unable to apply, this contention seems beyond debate. The question is whether, as a trade association, the ABA has a right to discriminate.

The Alliance said it is representing an unnamed white male law school applicant who says that he would apply for the $15,000 Legal Opportunity Scholarship were he not prevented from doing so because he is the “wrong” race. The ABA awards between 20 and 25 such scholarships annually to incoming law students, according to its website, which is excerpted above.

I should have covered this in April: sorry. [Believe me, if I could find a way to work on the blog full-time without ending up living on cat food and in a shack by the docks, I would.] Anyway, this kind of thing is why I do not pay dues to the ABA, and why I am suspicious of any lawyer who does. It is an interesting case. I assumed that Blum would lose if the case proceeded, and that his main objective was to shame the ABA into opening up the race-based scholarships to all. But the ABA has no shame. And I knew that.

The American Bar Association responded to Blum’s suit this week, arguing that a scholarship program designed to boost diversity among law students is protected free speech. The 25-year-old Legal Opportunity Scholarship, the largest lawyer association in the nation asserts, is protected under the First Amendment. In its motion to dismiss the ABA also claimed that plaintiff American Alliance for Equal Rights lacks standing to sue.

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