Professions

Another Unethical (But Funny!) Use of AI in the Law

/ Jack Marshall / 3 Comments

In March, the Arizona Supreme Court launched two AI-generated avatars named Victoria and Daniel: thats the pair above. These AI, non-existant personas deliver news of judicial rulings and opinions in the state via YouTube videos. Jerome Dewald, a 74-year-old plaintiff was inspired to say, “Hold my beer!”

Dewald created an AI-generated video avatar to deliver his argument via Zoom in court. Five New York State judges at the New York State Supreme Court Appellate Division’s First Judicial Department were anticipating his pro se presentation in an employment case on March 26, but instead of the elderly litigant they saw a young man in a button-down shirt and sweater.

“May it please the court,” said the un-named avatar. “I come here today a humble pro se before a panel of five distinguished justices.” Justice Sallie Manzanet-Daniels, interrupted the presentation before the avatar (the avatar’s pronouns were “it” and “it”) could speak another word , saying “Okay, hold on. Is that counsel for the case?” After Dewald confirmed that he had generated the non-lawyer non-person using AI, Manzanet-Daniels ordered the video to be turned off.

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Pssst! Somebody Tell Sen. Klobuchar That She Needn’t Work So Hard At Embarrassing Minnesota With Gov. Walz Doing Such a Bang-Up Job of It…

/ Jack Marshall / 9 Comments

When did “Minnesota Nice” mutate into “Minnesota Stupid”?

Following the charging of a Wisconsin judge who pretty clearly obstructed justice and used her position to prevent an illegal immigrant and criminal from being arrested, Sen. Amy Klobuchar (D. Minn), as you can see above, tweeted, “This is not normal. The Administration’s arrest of a sitting judge in Wisconsin is a drastic move that threatens the rule of law. While we don’t have all the details, this is a grave step and undermines our system of checks and balances.”

Remind me to shake that in front of the faces of my various friends and relatives who supported this shallow, foolish woman when she was running for President in 2020. Her tweet is one more smoking gun proving that Democratic officials will find excuses to accuse President Trump of threatening the “rule of law” and “separation of powers” and creating a “constitutional crisis” regardless of what he and his administration does.

Hilariously, Klobuchar admits that she doesn’t know what she’s talking about —“we don’t have all the details”—but in fact the details already made it as clear as Saran-wrap that Milwaukee Judge Hannah Dugan deliberately set out to interfere with the lawful arrest of an illegal immigrant. Dugan’s bizarre conduct revived memories of another lawless judge with a soft spot for illegals, Massachusetts District Court Judge Shelley M. Richmond Joseph, who was indicted in federal court in Boston on obstruction of justice charges for preventing an U.S. Immigration and Customs Enforcement officer from taking custody of an alien defendant. She delayed ICE while her staff secretly let the illegal escape out the courthouse back door in the Spring of 2018, before Trump Derangement had reached pandemic levels.

The details on Dugan’s effort to thwart law enforcement are worse, as this thread by Prof. Margot Cleveland amply demonstrates. Also hilariously, Democrats are condemning what sure looks like a legitimate criminal charge against a Democratic judge as politically motivated after they spent 2024 applauding lame, contrived and blazingly political prosecutions of Donald Trump while they intoned, “Nobody is above the law.”

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Some Funny Things Happened on the Way to the Ethics Alarms Friday Forum…

/ Jack Marshall / 23 Comments

Last week’s open forum was wild, man, and I hope today’s can be as lively.

Based on the early returns, there’s a lot to bloviate about in the ethics world. The amateur golf champ playing in the Masters was caught pissing into a creek on n the 13th hole at Augusta National golf course. Pennsylvania judge Sonya McKnight was just convicted of shooting her sleeping boyfriend in the head. (Seems awfully judgmental…). Almost all Democrats in the House voted against the bill requiring voter ID in Federal elections. Yes, their determination to prove the cognitive dissonance scale wrong continues apace! A black Congressman tried to discuss issues with a Trump-Deranged white female and was called a “race traitor”…

…and we learned that after VP JD Vance’s March visit to Pituffik Space Base in Greenland, the Col. Susan Meyers, the commander of the 821st Space Base Group who also oversees the Pentagon’s northernmost military base, issued a gratuitous email to the base’s personnel stating that he did not speak for her of the base. What an idiot. (She was fired.) Finally, we have this stupid incident, in which Frontier Airlines let a woman fly to Puerto Rico with her “emotional support parrot” but wouldn’t let the bird on the return flight. (Gift link.)

Be careful. It’s stupid out there…

What’s Up, Doc? UConn Med School’s Unethical, Woke, Ridiculous “DEI Hippocratic Oath”

/ Jack Marshall / 3 Comments

Unbelievable.

In August of last year, UConn School of Medicine’s class of 2028 became the first to recite a newly revised version of the Hippocratic Oath:

“I will strive to promote health equity. I will actively support policies that promote social justice and specifically work to dismantle policies that perpetuate inequities, exclusion, discrimination and racism.”

No, this is not a sick joke. No, I am not making this up. Yes, our institutions of higher education really are in the clutches of maniacs who think this kind of indoctrination is part of their job.

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Ethics Hero: Harvard Law Professor Adrian Vermeule

/ Jack Marshall / 26 Comments

I admit it: this post is putting the cart before the horse. I need to complete a post about the leftist lawyer freak-out over Trump targeting ostentatiously anti-Trump, anti-Republican, pro-Axis law firms by handing them the just desserts for their abandonment of legal ethics and core professional principles to pander to the Democratic Party’s cabal over the past 15 years or more. But I am a bit short of time and energy right now, and Professor Vermeule, that rarity of rarities, a conservative Harvard professor, has done some of my work for me.

Last week, more than ninety members of the Harvard Law School faculty issued a joint letter supposedly concerning the “rule of law,” but actually embracing the same double standards and anti-Trump bias I have been witnessing from my lawyer friends on Facebook and especially in the online discussions among members of the Association of Professional Responsibility Lawyers. It said in part,

“The rule of law is imperiled when government leaders:

  • single out lawyers and law firms for retribution based on their lawful and ethical representation of clients disfavored by the government, undermining the Sixth Amendment;
  • threaten law firms and legal clinics for their lawyers’ pro bono work or prior government service;
  • relent on those arbitrary threats based on public acts of submission and outlays of funds for favored causes; and
  • punish people for lawfully speaking out on matters of public concern.

While reasonable people can disagree about the characterization of particular incidents, we are all acutely concerned that severe challenges to the rule of law are taking place, and we strongly condemn any effort to undermine the basic norms we have described….”

This is disingenuous posturing by partisan academics pretending to be neutral patriots. Professor Vermeule called them out on their pretense, writing in part in an open letter to his own to students and the public,

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The 2024 Gallup “Americans’ Ratings of Honesty and Ethics of Professions”

/ Jack Marshall / 6 Comments

I write a post about this annual Gallup survey every year, but my observations apart from the obvious have been increasingly redundant. This will be reflected in my comments this year as well, largely because little has changed significantly since 2023. Gallup writes in its introduction,

Gallup began measuring public trust in various professions in 1976, initially covering 14 jobs. Over the years, the list has changed, with some occupations added and others removed. Since 1999, 11 professions have been tracked annually, while others have been included periodically.

The average very high/high ethics rating of the core 11 professions has decreased from routinely 40% or higher in the early 2000s to closer to 35% during most of the 2010s. It rose slightly in 2020, to a seven-year high of 38%, reflecting enhanced public trust in healthcare workers and teachers during the pandemic. Thereafter, the average declined each year through 2023, when it reached 30%, and it held there in 2024. This mirrors the long-term decline in Americans’ confidence in U.S. institutions.

There is mordant humor in that text: the enhanced public trust in healthcare workers and teachers was wildly misplaced. The healthcare profession was inept and dishonest during the pandemic, and the teachers unions crashed the economy by lobbying to keep the schools closed for their own interests. It also reflects the trend I’ve see in these surveys for years: the public tends to trust occupations they have to trust, explaining why pharmacists and nurses have always been among the most trusted professions.

One reason the trust freefall has slowed, I believe, is that so many professions are trusted so little now that there isn’t much farther for them to fall. Only 8% of those surveyed trust Congress strongly: I’d assume that just the number of apathetic ignoramuses in the population would account for that number. It will be interesting to see if this clown show…

…drives trust in Congress lower still in the 2025 survey. And who knows what horrors are to come?

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Today’s Unpleasant Ethics Question: How Can We Justify Trusting Today’s Scholars and Academics To Train Our Rising Generations?

/ Jack Marshall / 8 Comments

I want to state at the outset that the ridiculous research paper I’m about to make fun of is only one horrifying example of institutional insanity, and it would be unfair to use it to characterize the entire higher education complex. However, I do believe that a healthy and functioning scholarly sector must have a way to reject, condemn and shun such abuses of position and authority.

I’ll have more to say on this matter after revealing the head-exploding product of University of San Diego professors Diane Marie Keeling and Bethany O’Shea.

These scholars have published a study titled “Conceptualizing Black Humanity Through Geopoetic Intimacy and Resistance: Memory Making-with Geologic Materials” Here is the abstract:

Amplifying the importance of geologic processes in subject formation, the study asserts that geological time is important for understanding memory and memorials. In the Equal Justice Initiative’s Community Remembrance Projects and the National Memorial for Peace and Justice, materials of geologic composition like soil, and those made from earth materials, such as steel and bricks, are employed to trope the bodies of lynching victims and weather racist geologic formations of subjecthood. The holding and eroding of violent memories crafts an intimate and resistant geopoetics of Black humanity.

Oh. What???

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Regarding That Tom Hanks SNL Skit…

/ Jack Marshall / 4 Comments

I just knew that there would be some part of last week’s “Saturday Night Live” 50th Anniversary special that sparked a controversy, and there was. As promised here, I didn’t watch the thing and, I am proud to say, know few people who did, at least not all the way through. Still, I was directed to watch two clips: Paul McCartney (with his band) performing the last part of the “Abbey Road” musical collage from “Once There Was a Way” through to “The End” (When the general reaction to an iconic singer’s performance is “He sounds pretty good for 82!,” it’s time to retire…), and the reprise of an old “Jeopardy!” skit, in which Tom Hanks, as a Southern contestant wearing a MAGA cap, jumped away from the black MC offering his hand as if it was a rattlesnake. Nice.

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On the Eric Adams Prosecution and the Sassoon Letter

/ Jack Marshall / 9 Comments

I admit it: I’ve been avoiding this large, stinky elephant in the ethics room because I have nothing good to say about any side of the controversy.

It’s all very depressing. The organization I belong to consisting of just about every legal ethics teacher, lawyer and consultant in the country immediately showed (again) how Trump Deranged and biased the membership is. After the resignation letter of February 12 from then S.D.N.Y. U.S Attorney Sassoon to U.S.AG Pam Bondi refusing to carry out the DOJ’s directive that she move to dismiss the then pending corruption indictment against NYC Mayor Eric Adams (Quote: “It is a breathtaking and dangerous precedent to reward Adams’s opportunistic and shifting commitments on immigration and other policy matters with dismissal of a criminal indictment….Such an exchange…violates common sense beliefs in the equal administration of justice, the [DOJ’s] Justice Manual [for federal prosecutors], and the Rules  of Professional Conduct.”), the listserv was immediately awash with comments like this one: “Once the rule of law cease, so does democracy. A client has the right to instruct an attorney; the attorney may seek to be relieved if the client’s directive is offensive. But what do we do when a “client”, or anyone, seeks to end democracy?”

Riiiight: not continuing with what looked a lot like a politically-motivated prosecution of Adams by the Biden Administration threatens democracy.

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Comment of the Day: “Interestingly, Being an Idiot Does Not, In The Eyes Of The Florida Bar, Make One Unfit To Practice Law”

/ Jack Marshall / 1 Comment

This Comment of the Day from the stellar Harkins household—this is from Ryan Harkins–was just posted three days ago and it seems like eons. It responds to another one of my arguments that sufficient demonstrations of stupidity by lawyers even outside the practice of law should be grounds for disbarment—a suspension isn’t enough, because such a lawyer will not become smarter after a professional “time out.” I think the first time I suggested this reform to legal discipline was when “The View’s” token lawyer, racist Sunny Hostin, suggested that eclipses and earthquakes were caused by climate change. It upsets me just think about the fact that this idiot has a law degree.

Here is Ryan’s Comment of the Day on the post, “Interestingly, Being an Idiot Does Not, In The Eyes Of The Florida Bar, Make One Unfit To Practice Law”…

***

A basic and important rule of gun safety, perhaps the preeminent rule, is that you should never point a gun at anything you don’t intend to shoot. Playing around with a gun in the fashion that Medina did shows a disturbing lack of gun safety in particular, but of the principal normalization of deviance in particular.

To delve into a little bit of brain science, in following the cognitive-emotive-behavioral model, we start with a desire. Perhaps in Medina’s case, it was simply to have fun. But how would he possibly conclude pulling the trigger of an unloaded gun is fun?

There are a large variety of ways we can try to satisfy our desires. In the case of hunger, we could seek satiation from a myriad of venues. In the case seeking stress relief, we could seek out a movie, a game, exercise, or any of a host of other options. But there are options we can choose from that are unhealthy, dangerous, or even illegal. When presented with all these options, our brains experience a byplay between thought and feeling. Does this option satisfy? The emotions clamor for a particular avenue, and cognition weighs the risks and benefits. If I eat a salad, I might not feel satiated, but if I eat a Hardee’s Monster Burger, I’ll be consuming far too many calories. But the salad may not be very tasty, and the Monster Burger is delicious. Whichever way I choose, my brain will record the success or failure of the endeavor, and the next time I am hungry, I will have a precedent to fall back on. They byplay between cognition and emotion in subsequent encounters proceeds much more quickly. The Monster Burger was indeed delicious, filled me up, and I didn’t seem to suffer any negative consequences. So the next time, my brain is patterned to lean toward the Monster Burger because of the positive experience.

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