Professions

Morning Ethics Warm-Up: 6/29/17

/ Jack Marshall / 72 Comments

1.  The GOP’s travails as it tries to fix, replace or repeal Obamacare continues to be mocked in both the conservative and liberal media, and by the Democrats who caused the crisis in the first place. Ethically, the party is behaving like a responsible party should with major legislation: not moving in lockstep, with sufficient members of Congress withholding support until the new law appears to be competent and an improvement of the current one. The damned if you do/damned if you don’t game Democrats and the media are playing is wildly dishonest and calculated to win political points at the expense of getting a better system than the festering mess called the Affordable Care Act (irresponsibly passed with public misrepresentations and parliamentary tricks by the other party.)

True, many of the balking Republicans are basing their opposition to the current law less on principle than on polls, which now show a majority of citizens don’t like the proposed bill. On matters of complexity and national importance, polls should play exactly no role in legislation at all. How many of those polled have read the bill or understand it? A tenth of a per cent? Less? Uninformed opinions based on hearsay, ignorance and propaganda are worthless (and after the 2016 election, polls may be as well) ; this is why we have representative democracy and not a direct democracy. Legislators and executive who use polls as crutches are either incompetent, dishonest, cowards, or all three.

2. Especially in light of the despicable tactics of Democrats who are accusing Republicans of killing people by reforming Obamacare, the proper Republican response, which would have the advantage of being both fair and politically smart, would be to announce, through the President:

The failure of the Affordable Care Act is now no longer debatable. Projections for 2018 show massive premium increases. Insurers are pulling out of many markets. The optimistic CBO projections, which critics correctly called absurd at the time, have been decisively shown to be wrong. This law was passed by one party only, using public disinformation,  dubious methods and dirty politics. It has made health care for the public as a whole less affordable, and done nothing to lower health care costs or improve health care quality.

It is now clear that the Democratic Party’s strategy is to shift responsibility for this fiasco to Republicans, by viciously attacking any attempts to fix Obamacare while also preparing to condemn the party if the current law leads to disaster, as it almost surely will on its current course. The Democrats, in short, are placing political considerations over the nation’s health and welfare. Therefore, as of today, the Republican Party will not seek to pass, nor will I sign into law, any health care insurance law or any revisions of the current Affordable Care Act that does not originate from Congressional Democrats, and that Congressional Democrats do not accept accountability for in every respect. The Republican Party will support any such bill, reserving of course the right to suggest additions and changes, but only if there is no question regarding the Democratic Party’s ultimate responsibility for its drafting, as an admission that their original law was fatally flawed.

In the absence of such a bill, I and the Republican Congress will allow the  this “signature legacy of President Obama” to continue, with the understanding that its failure is a Democratic failure, and the lack of a timely fix is entirely due to the cynical tactics of the party that created it.

3. Unethical Quote Of The Day That Is So Predictable That It Isn’t Worth Posting As The Unethical Quote of the Day: Salon

This will be a short break, a one-day experiment: June 27 will be Trump-Free Tuesday here on Salon.

We’ve been thinking about this for a while, and it seems like the right moment. There are so many other things to talk about and think about, in politics, culture or our daily lives. We are stuck with this guy for the foreseeable future, which is a difficult truth for many of us to handle. If we cannot dislodge him from the White House anytime soon, maybe we can start to deflate the outsized role he plays in our national psychology. This is a baby step in that direction.

How will Trump-Free Tuesday work? We have established some rules for ourselves — which we are prepared to break under certain circumstances we have tried to define in advance. (Those circumstances seem unlikely. But who knows what counts as likely anymore?)

We will not publish the president’s name on Tuesday or use his picture. We will not cover his outrageous Twitter utterances or deride his surrogates for whatever stupid things they may or may not say on television. (We try not to do that the rest of the time, too.) We’re certainly going to cover American politics and the United States government, but we will avoid focusing on the dominant personality at the top of the pyramid. We will strive to focus on issues and policies and how they are likely to affect the lives of our readers.

Note the smoking-gun line “If we cannot dislodge him from the White House anytime soon…” Continue reading →

KABOOM! A Head-Explodingly Unethical Lawyer!

/ Jack Marshall / 25 Comments

I have never heard of a lawyer behaving this unethically in such a reckless and transparent manner. I have never heard of anything close to this.

Michael Potere, 32, a recently fired former associate at the large law firm Dentons was arrested last week on charges of trying to extort $210,000 and a valuable artwork from the firm, according to a criminal complaint filed in federal court.

According to his profile on LinkedIn, Potere had a Fulbright Scholarship,  a master’s degree in public policy and administration from the London School of Economics., and had been an associate at renowned law firm Kirkland & Ellis. Something was amiss, however, as Dentons let him go on June 1. Potere did not take this blow well. He reacted by telling partners that he had taken potentially  embarrassing sensitive information from the firm and would leak it all to the legal gossip site “Above the Law” unless he was paid $210,000 and given  a valuable  piece of artwork owned by the firm.

Potere was able to steal the confidential information because a partner gave him  access to his email login information while they were working on a case in 2015, so the associate could access documents related to discovery requests in the case. After he learned that he was being fired, Potere used that login to search through the partner’s emails and download the sensitive documents, including emails between partners, quarterly financial reports, client lists, confidential reviews of associate attorneys, lists of equity partner candidates, documents describing billing rates, details of recruitment efforts, and memos describing how partners should approach clients with outstanding balances” according to the FBI. Continue reading →

Does The Naked Teacher Principle Apply To A Porn Star Teacher Whose Students Don’t Know What Porn Is?

/ Jack Marshall / 14 Comments

The Ethics Alarms Naked Teacher Principle states:

A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.

Various discussions  f the NTP can be found here. [The original post on the topic is on the old Ethics Scoreboard, which is down at the moment thanks to an incompetent web hosting operation. It will be back soon, or there will be blood….]

Now we have the borderline case of a kindergarten teacher—that’s primary school, not secondary school—who is a proud porn performer as a second occupation.

Nina Skye is a preschool teacher at a religious school in Los Angeles and decided to go public—with Fox News, of all places—with her secret double life moonlighting in the adult film industry.

“I love teaching. I love sex. If I can get away with doing both, then I will,” Nina says. “I know what I’m doing when it comes to teaching, I’m a really good teacher.”  On the other hand, “It’s easy money. For my very first scene, I just did a regular boy on girl and I got paid $2,500 on the spot.”

Skye’s explanation about why she is revealing her passion at the risk of her teaching? “I guess some people are really tied by that moral code, ” she says.  “There’s a really big stigma associated with it, and how our society views it, but that’s not how I am… I’m really open-minded. Super open-minded and not judgemental.” Continue reading →

Over At “The Ethicist,” An Off-The-Wall Ethics Question Gets An Even More Off-The-Wall Answer

/ Jack Marshall / 37 Comments

I don’t have many opportunities to take issue with the current writer of The New York Times Magazine’s “The Ethicist” column, because he, unlike his predecessors, really is one, and doesn’t come up with whoppers like they used. Professor Appiah had some “Bonus Advice” this week, however, from a Judge John Hodgman. The judge reminded me of those halcyon days when “The Ethicist” was good for a couple of Ethics Alarms attacks a month. Good times!

First, the question:

My roommate takes long, casual phone calls while on the toilet. I have tried explaining why this behavior is creepy and rude to the person he is talking to, as they do not know they are talking to someone who is going to the bathroom. He thinks it’s actually rude when people don’t answer phone calls simply because they’re in the bathroom.

Wait…what? WHAT?

It is impossible to be secretly rude. It has no effect on the person on the other end of the line if you are naked, making faces, or writing “I hate this idiot!” in the mirror in blood. Nor is it “creepy” to have a phone conversation on the toilet. I’m typing this while I’m on the toilet and wearing a duck on my head, and it’s nobody’s business but mine.

Nor is it rude to refuse to answer phone calls when one is in the bathroom. In fact, it is almost never rude to decline a phone call.  That bell is an  invitation to have a conversation, not a command. I don’t answer calls when I’m taking a nap, a shower, having a live, face-to-face conversation, writing an Ethics Alarms post, cooking, eating a meal, enjoying an orgy, or chopping up my victim after a murder. It’s my option, my time, and my schedule.

These two roommates are made for each other.

Now the judge’s response:

“Your roommate is quite wrong: What’s actually rude is people making phone calls in the first place. We have so many better ways to communicate now that do not involve repeating yourself constantly, saying the wrong thing under the gun and then realizing you’ve been talking for five minutes to a dropped call. Even the ringing of a good old landline is the intrusive announcement that either a) someone thinks you don’t deserve to choose how to spend your time, or b) someone you know has been killed or injured. If only to protect the meditative solitude of the bathroom act, your roommate should stop this habit, never mind the fact that it is just plain gross.”

Think about it: someone with this level of judgment is a judge.

1. We have better ways of communicating than talking to each other?

2. If someone doesn’t want to talk on the phone, they can turn the phone off.  They can have an unlisted number, or a cell phone number they only share with people they won’t think are rude when they call.  They can not have a phone at all. If you make it possible for people to call you when you don’t have to do so, people reasonably assume that you don’t mind being called. Calling too late or too early is inconsiderate, unless there is an emergency.  Robocalls and solicitor calls are intrusions. But a friend or relative “reaching out to touch someone” as the old Bell  long-distance ad sang? That’s rude? What’s the matter with this guy?

3. Let me rephrase that: What the HELL is the matter with this guy? We have to obey his rules for what we do in the bathroom? I read my baseball books in the bathroom…is that a violation of “meditative solitude’? How about having long discussions with my wife through the bathroom door—not sufficiently meditative? What’s happening on the toilet isn’t gross, but talking to someone who has no idea where you are and what you are doing is gross? I can be as gross as we want when the only witness is me, and there is absolutely nothing rude, inappropriate or unethical about it.

As long as I clean up afterward.

( PSSST! The Supreme Court Just Unanimously Pointed Out That The Courts Blocking The Trump Temporary Travel Ban Were Playing Partisan Politics, Not Objectively And Ethically Doing Their Jobs)

/ Jack Marshall / 56 Comments

As many predicted (including me), the Supreme Court unanimously slappped down the lower court injunctions based on claims that the Trump temporary travel restrictions on six Muslim countries were unconstitutional, writing,

But the injunctions reach much further than that: They also bar enforcement of §2(c) against foreign nationals abroad who have no connection to the United States at all. The equities relied on by the lower courts do not balance the same way in that context. Denying entry to such a foreign national does not burden any American party by reason of that party’s relationship with the foreign national. And the courts below did not conclude that exclusion in such circumstances would impose any legally relevant hardship on the foreign national himself. See id., at 762 (“[A]n unadmitted and nonresident alien . . . ha[s] no constitutional right of entry to this country”). So whatever burdens may result from enforcement of §2(c) against a foreign national who lacks any connection to this country,they are, at a minimum, a good deal less concrete than the hardships identified by the courts below.
At the same time, the Government’s interest in enforcing §2(c), and the Executive’s authority to do so, are undoubtedly at their peak when there is no tie between the foreign national and the United States. Indeed, EO–2 itself distinguishes between foreign nationals who have some connection to this country, and foreign nationals who do not, by establishing a case-by-case waiver system primarily for the benefit of individuals in the former category. See, e.g., §§3(c)(i)–(vi). The interest in preserving national security is “an urgent objective of the highest order.” Holder v. Humanitarian Law Project, 561 U. S. 1, 28 (2010). To prevent the Government from pursuing that objective by enforcing §2(c) against foreign nationals unconnected to the United States would appreciably injure its interests, without alleviating obvious hardship to anyone else.

…The Government’s application to stay the injunction with respect to §§6(a) and (b) is accordingly granted in part. Section 6(a) may not be enforced against an individual seeking admission as a refugee who can credibly claim a bona fide relationship with a person or entity in the United States. Nor may §6(b); that is, such a person may not be excluded pursuant to §6(b), even if the 50,000 person cap has been reached or exceeded. As applied to all other individuals, the provisions may take effect.

Got that?

“To prevent the Government from pursuing that objective by enforcing §2(c) against foreign nationals unconnected to the United States would appreciably injure its interests, without alleviating obvious hardship to anyone else.” Continue reading →

Salon Asks: “When Is A Leak Ethical?” NEVER. That’s When.

/ Jack Marshall / 58 Comments

Ethically challenged left-wing website Salon somehow found an ethically challenged law professor, Cassandra Burke Robertson, to justify the leaks in the Trump Administration. Robertson,  despite being a Distinguished Research Scholar and the Director of the Center for Professional Ethics at Case Western Reserve Law School, advocates unethical and sanctionable conduct in a jaw-dropping post, “When is a leak ethical?”

Here, professor, I’ll fix your misleading and dishonest article for you: It’s NEVER ethical to leak.

Never.

She begins by noting “I am a scholar of legal ethics who has studied ethical decision-making in the political sphere.” Wow, that’s amazing….since she apparently is hopelessly confused about both, or just pandering to Salon’s pro-“resistance” readers.

Robertson writes:

“Undoubtedly, leaking classified information violates the law. For some individuals, such as lawyers, leaking unclassified but still confidential information may also violate the rules of professional conduct.”

1. It is always unethical to break the law, unless one is engaging in civil disobedience and willing to accept the consequences of that legal breach. By definition, leakers do not do this, but act anonymously. Thus leakers of classified information, lawyers or not, are always unethical, as well as criminal.

2. Lawyers may not reveal confidences of their clients, except in specified circumstances.  Here is D.C. ‘s rule (my bolding): Continue reading →

What Is The White House’s Obligation To Journalism And Journalists When They Are No Longer Behaving As Journalists Nor Abiding by Journalism Ethics?

/ Jack Marshall / 22 Comments

I know: I’m full of questions lately, and short on answers. I certainly don’t have an answer to this one, and the urgency of finding an answer, and a solution to the underlying crisis, is critical.

Here was Camille Paglia last week describing the state of American journalism:

“It’s obscene. It’s outrageous, OK? It shows that the Democrats are nothing now but words and fantasy and hallucination and Hollywood. There’s no journalism left. What’s happened to The New York Times? What’s happened to the major networks? It’s an outrage. I’m a professor of media studies, in addition to a professor of humanities, OK? And I think it’s absolutely grotesque the way my party has destroyed journalism. Right now, it is going to take decades to recover from this atrocity that’s going on where the news media have turned themselves over to the most childish fraternity, kind of buffoonish behavior.”

(I would link to a non-right wing source, but for some reason the mainstream media didn’t feel Paglia’s assessment was worth reporting. I wonder why?)

Now here was Peggy Noonan, in a Wall Street Journal op-ed:

“Dislike of Mr. Trump within the mainstream media is unalterable,” she wrote. “It permeates every network, from intern to executive producer and CEO. Here is a theory on what they’re thinking: They’re thinking attempts at fairness and balance in this charged atmosphere get them nowhere. They’re attacked by both sides. And anyway they think Mr. Trump is insane. They live on ratings, which determine advertising rates. Hillary Clinton got 2.9 million more votes than Mr. Trump, so the anti-Trump audience is larger.

Hillary Clinton got 2.9 million more votes than Mr. Trump, so the anti-Trump audience is larger. Moreover, people who oppose Mr. Trump tend to be more affluent, more educated, more urban. They’re more liberal, of course, and they’re younger. They’re a desirable demographic. The pro-Trump audience is more rural, more working- and middle-class, older. A particularly heartless media professional might sum them up this way: “Their next big lifestyle choice will be death.”

So, if you are a person who programs or sets the tone of network fare and you want to take a side—you shouldn’t, but you want to!—you throw your lot with the anti-Trump demo, serving them the kind of journalistic approaches and showbiz attitudes they’re likely to enjoy.

Mr. Trump, you are certain, won’t last: He’ll bring himself down or be brought down. You want to be with the winning side. So play to those who hate him, exclude others, call it integrity and reap the profits.”

Both women are substantially right at worst, despite the furious head-shaking you get from journalists, who are either in denial or corrupt, and most progressives and Democrats, who have every reason to deny the phenomenon because 1) they are the beneficiaries of it and 2) they have been leached of all integrity by emotion, arrogance, and bias.

Currently the mainstream news media is having a collective conniption because the White House is increasingly limiting reporter access. The journalists regard this as an ominous effort to constrain the free press, which it would be, except that the “free press” is not conducting itself as honest and trustworthy journalists are obligated to do.

If a lawyer practices law in blatant violation of the ethics rules, he or she doesn’t get to practice law any more. If a doctor breaches the ethical tenets of the medical profession, he or she is barred from treating patients. Journalism styles itself as a profession, meaning that it exists for the public good. Its ethical principles demand fairness, competence, responsible reporting, independence and objectivity. For a long, long time, what we still call “journalism’ for lack of a better name has not met any of these ethical ideals with sufficient consistency, and since the 2016 election, it has openly, shamelessly allied itself with the partisan effort to undermine and destroy the legally elected Presidency of Donald Trump. To do this, the mainstream news media has jettisoned its ethical values, and its right to be trusted by the public. As polls show, the public doesn’t trust them. The public still gives them more trust, out of habit, that they deserve.

For example, here’s a news flash: Continue reading →

Sought: An Ethical Reason Why This Professor Should Not Be Fired Immediately, And Never Hired For A Teaching Position Again, Anywhere

/ Jack Marshall / 137 Comments

 

Meanwhile, for Trinity College, the countdown has started.

After Professor Johnny Eric Williams, associate professor of sociology at Trinity College in Hartford, approvingly posted a Medium article titled “Let Them Fucking Die” on Facebook, he went on to endorse the article’s thesis ( potential rescuers like those who helped Rep. Steve Scalise should let imperiled white people die as a form of combating white supremacy) in his own Facebook posts:

The Medium article concluded with this advice regarding one’s responsibilities as a citizen and a human being when a white person is in mortal peril… Continue reading →

Morning Ethics Warm-Up: 6/22/17

/ Jack Marshall / 59 Comments

1.  I’m trying to get this up while I prepare for a new legal ethics seminar, teaming once again with the brilliant D.C. actor Paul Morella who has toured the country in the Clarence Darrow one-man-show he and I collaborated on more than a decade ago, using Darrow’s career and courtroom oratory to analyze modern legal ethics.  Readers here have encountered a lot of those Darrow-related discussions already. For once, I’m grateful most lawyers don’t frequent this blog.

2. This now viral photo of the faces of CNN’s talking heads and analysts at the moment they realized that the Democrats had lost the Georgia Sixth District special House election that was hyped to be the beginning of a surge to the Left rejecting Donald Trump…

…and this one…

…are more than just gags. They are smoking gun evidence of the stunning lack of professionalism in journalism, and especially CNN. If there was any sensitivity or commitment to ethics on that set or in that production chain of command, every one of these arrogant hacks would have been told, “I want poker faces up there at all times. Objective and fair news reporting includes body language and facial expressions. Your attitudes warp your reporting. If anything about your demeanor betrays your personal preferences or political biases, you’re getting suspended. Got that? This isn’t a cheerleading squad.

3.  This warrants its own post, but today will be a squeeze, so I’ll focus on the astounding chutzpah of  that race’s loser here and now. Losing Georgia Six Democratic candidate Jon Ossoff was interviewed by NPR’s Rachel Martin, and this exchange resulted: Continue reading →

Comment Of The Day: “Comment Of The Day: ‘Ethics Quote Of The Week: Ken White of Popehat’”

/ Jack Marshall / 10 Comments

This is the second Comment of the Day within a week from Ethics Alarms prodigal son Curmie, a college prof, who makes the case that college education is being excessively maligned. You should probably re-read the post he’s responding , another Comment of the Day, to appreciate his argument.

Here is Curmie’s Comment of the Day on the post, Comment Of The Day: “Ethics Quote Of The Week: Ken White of Popehat”:

This is a cogent analysis up to a point, but I must say I’m more than a little sick and tired of having people tell me what goes on in my classroom. I teach at a non-flagship state university. And the description of what happens in college classrooms simply does not match my experience of them.

(Side note to Ryan: I really do like a lot of what you’ve said here. I apologize if the succeeding sounds like a personal attack. It is not intended in that spirit. Just one too many sweeping generalizations about my profession, and the last straw happened to be yours.)

Ryan cites Thomas Aquinas. I prefer the great late-20th century philosophers known as Monty Python: “I’m not dead yet.”

I do expect students to know some objective facts: if you can’t tell me the basic tenets of neoclassical theory or who David Garrick was, you’re not going to fare well in my theatre history class. If Ryan wants to say that in this sense I insist on regurgitation, he has my permission to do so.

But to get an A on the research paper, you’d better be able to interpolate from incomplete data, and to articulate a point of view based on the facts as they are available to us. That means finding out what the facts are, but also finding context: okay, so it cost a penny to see a play at the Globe Theatre. But that’s a meaningless statistic if you don’t know what that Elizabethan spectator could have bought for a penny if he didn’t spend it on standing room in an outdoor theatre. Continue reading →