Professions

“Zodiac” And Real Lawyer, Fictional Lie Ethics

/ Jack Marshall / 5 Comments

zodiac Belli

One of the problems with being an ethicist is that every movie seems like an ethics movie.

I watched “Zodiac” last night, struck by how much it resembled “Spotlight,” and not just because Mark Ruffalo had similar roles in the two films. It is a long, intense 2007 movie about the frustrating 1960s and early 1970s manhunt for the serial killer who called himself the “Zodiac” while killing seemingly random victims in the San Francisco Bay Area, and taunting police, Jack the Ripper-style, by sending them  letters, blood stained clothing, and in a special touch, ciphers mailed to local newspapers. The case remains unsolved.

What set off my ethics alarms, however, was a scene based on an actual incident in the case. From the website “Zodiac Killer Facts”:

On the night of October 11, 1969, the Zodiac murdered cabdriver Paul Stine and removed a portion of the victim’s shirt. Days later, the killer mailed an envelope to the offices of The San Francisco Chronicle. Inside, the Zodiac had included a blood-soaked piece of Stine’s shirt along with a letter that traumatized the Bay Area for decades. In his customary cavalier style, The Zodiac wrote, “School children make nice targets. I think I shall wipe out a school bus some morning just shoot out the frunt tire and pick off the kiddies as they come bouncing out.”

The Zodiac’s threat to assassinate school children terrified children and parents everywhere, and created a nightmare of security concerns for police and school officials. Armed men escorted children to and from schools while patrol cars and even aircraft followed along and monitored the surrounding area. As media coverage of Zodiac’s murderous plans increased and fears of a horrific ambush grew, a local television station was the setting for a chilling scene.

In the early morning hours of October 22, 1969, the Oakland police department received a phone call from a man claiming to be the Zodiac. The caller said he wanted famous Boston attorney F. Lee Bailey to appear on a local television talk show, but told the operator that he would settle for San Francisco lawyer Melvin Belli in the event Bailey was unable to appear.

Hours later, Belli was the guest on the show with host Jim Dunbar. A man called the KGO television station several times, and, in conversation with Belli, claimed he was the Zodiac and that his name was “Sam.”

Continue reading →

More Casting Ethics: In Search Of Acting Afghans

/ Jack Marshall / 36 Comments

whiskeytangofoxtrot

The problem is that our educational system belches out new graduates who have been indoctrinated into rigid and often absurd ideas about right and wrong, They quickly fill the culture with those ideas and their freedom-stultifying emanations. The ideas act like viruses: if you don’t diagnose them and wipe them out, our very minds are at risk.

Here is an example, by mere coincidence, concerning casting ethics, the same topic as the recent post about how some African-Americans seem to want to discriminate on the basis of skin shade, at least when it comes to casting movies. (Who knew?) I was reading Entertainment Weekly on an airplane, as I only read Entertainment Weekly on airplanes, and this whole issue (The “Batman v. Superman” issue) struck me as being written by 22 year-olds. In a review of Tina Fey’s latest bomb (“Whiskey Tango Foxtrot”—“WTF,” or What the Fuck, get it?), reviewer Leah Greenblatt wrote this…

“And its more than a little disappointing that the two major Afghan supporting roles are filled by obviously non-Afghan actors….”

Leah doesn’t bother to explain why it’s a little disappointing; she just assumes it’s obvious, as in, “What? They didn’t hire real Afghans to play Afghans? I’m outraged!” Meanwhile, a young impressionable reader who assumed that a film reviewer has some expertise in such things, would absorb this heretofore unknown standard of decency and take it as cant. Contagion! This is how the political correctness virus eats our brains. Continue reading →

Ethics Quote Of The Week: Marc Randazza at Popehat

/ Jack Marshall / 5 Comments

click3

“But, if academia actually meant anything, she would never have been hired in the first place. She should be sent back to weep over heteronormative cis-gendered oppression in Teletubbies, and leave teaching to adults. Are there any available? Can they get past the search committee?”

–—Popehat’s Marc Randazza, reviewing the academic credentials of fired Mizzou communications professor Melissa Click, who famously grabbed a videographer’s camera while trying to block a reporter from covering a public protest at the University of Missouri, uttering the immortal words, “Hey, who wants to help me get this reporter out of here. I need some muscle over here!” The video and graphics like the one above launched a thousand memes.

Now that First Amendment firebrand Randazza has joined the equally sharp, funny and merciless Ken White, Popehat is a festival of joys for those who savor enlightenment and passion with a dash of acid. Marc is in top form in his second take-down of Click, who drew his fire for her response to being fired: Continue reading →

Five Reasons Why Melissa Harris Perry’s Email Is Even Worse Than Talia Jane’s Open Letter To Yelp

/ Jack Marshall / 15 Comments

Melissa-Harris-Perry-Tampon-Earrings

Last week, Talia Jane, a low-level Yelp worker, wrote a whining online “open letter” to Yelp’s CEO that became an instant classic in the category of “How not to treat one’s employer.” Yesterday, MSNBC host Melissa Harris-Perry sent an e-mail to her colleagues at MSNBC announcing that she was refusing to appear on her show this weekend because her show had been virtually taken away from her and that she felt “worthless” in the eyes of NBC News executives. You can read the whole thing here, but here are the juicy parts:

” [A] s of this morning, I do not have any intention of hosting this weekend. Because this is a decision that affects all of you, I wanted to take a moment to explain my reasoning…

Here is the reality: our show was taken — without comment or discussion or notice — in the midst of an election season. After four years of building an audience, developing a brand, and developing trust with our viewers, we were effectively and utterly silenced. Now, MSNBC would like me to appear for four inconsequential hours to read news that they deem relevant without returning to our team any of the editorial control and authority that makes MHP Show distinctive.

The purpose of this decision seems to be to provide cover for MSNBC, not to provide voice for MHP Show. I will not be used as a tool for their purposes. I am not a token, mammy, or little brown bobble head. I am not owned by Lack, Griffin, or MSNBC. I love our show. I want it back. I have wept more tears than I can count and I find this deeply painful, but I don’t want back on air at any cost. I am only willing to return when that return happens under certain terms.

…I have a PhD in political science and have taught American voting and elections at some of the nation’s top universities for nearly two decades, yet I have been deemed less worthy to weigh in than relative novices and certified liars. I have hosted a weekly program on this network for four years and contributed to election coverage on this network for nearly eight years, but no one on the third floor has even returned an email, called me, or initiated or responded to any communication of any kind from me for nearly a month. It is profoundly hurtful to realize that I work for people who find my considerable expertise and editorial judgment valueless to the coverage they are creating.

While MSNBC may believe that I am worthless, I know better. I know who I am. I know why MHP Show is unique and valuable. I will not sell short myself or this show. I am not hungry for empty airtime. I care only about substantive, meaningful, and autonomous work. When we can do that, I will return — not a moment earlier…”

As with Talia, this screed has apparently cost Harris-Perry her job. Good. Continue reading →

KABOOM!* The YMCA Camp Slavery Re-Creation And I Can’t Believe I’m Typing This…

/ Jack Marshall / 16 Comments
Another day of fun at the YMCA Camp!

Another day of fun at the YMCA Camp!

Maybe the reason I can’t believe it is that it’s difficult to believe anything when one’s brains decorate the walls.

The Detroit News  reports, in a story that I initially assumed was a hoax, that the YMCA Storer Camps in Jackson, Michigan included an  “educational” activity called “Underground Railroad”) in which black children were asked to play runaway slaves, as some teachers and camp instructors acted as slave masters, chasing them down using real horses. Once captured, the children were “auctioned off.” One of the young “slaves” complained to her mother, who wrote an e-mail to the elementary school that subjected its charges to this fun exercise, reading in part:

“As the mother of an African American son and daughter, I am dismayed that Pardee Elementary would authorize and condone such an extremely racially insensitive and damaging activity…The slave masters (camp instructors and teachers) had certificates which allowed them to pay for the slaves, and the students were required to hold up the certificates when they were bought or sold.”

“My daughter said she was scared,” another mother complained. “One of the guys (camp instructors) re-enacted killing a deputy. They should not do that in front of a 10-year-old, and not when kids are hundreds of miles away from home. If they want to teach black history, they should do that in the classroom.”

Ya think? Continue reading →

The Ugly Truth About The Teaching Profession: Orlando Public Schools Division

/ Jack Marshall / 17 Comments

Whiplash

Magnify this news report about public school teachers disciplined in the Orlando area, what, 10,000? 100,000? times, and the complete untrustworthiness of the U.S. teaching profession should come into sharp focus.

Highlights…

  • The teaching certificate of Jeanne Michaud, who taught math at Longwood’s Lyman High was permanently revoked in a settlement agreement approved last month by the Education Practices Commission, quasi-judicial group that levies penalties against educator’s certificates.

Michaud showed students a crude wooden carving of a penis and testicles. Michaud also kept an umbrella that students “regularly used to strike each other with,” according to the evidence. She spread gossip about teachers and administrators in class, denigrating them in front of students.

  •  Gregory Alan Sims, a former science teacher at Lake Brantley High in Altamonte Springs, was accused of putting tape on a girl’s mouth and taping her belongings to a pole. Sims claimed that he only mimicked putting tape on the girl’s mouth. Sims’ settlement agreement calls for two years of probation and completion of a classroom management course if he returns to teaching. He also was fined $750.

Continue reading →

Ethics Quiz: Therapist Biases And Ethics Confusion

/ Jack Marshall / 25 Comments
(Boy, does this freak disgust me...)

(Boy, does this freak disgust me or what...)

The Tennessee Senate’s Senate Health and Welfare Committee members have overwhelmingly approved a proposed bill that seeks to protect  therapists from 2014 changes in the American Counseling Association’s Code of Ethics. The Code decrees that “counselors refrain from referring prospective and current clients based solely on the counselor’s personally held values, attitudes, beliefs and behaviors.” The bill, however, will allow practitioners to refuse to accept a patient without legal or professional penalties as long as they refer the individual  to another qualified professional.

The Tennessee Association for Marriage and Family Therapists opposes the legislation, saying “This bill is in direct opposition to the ethical code of the American Association of Marriage and Family Therapy and potentially harmful to clients,” the group said in a statement. “Our mandate to do no harm to the consumer, we believe, would be violated.” A therapist who testified before the committee opined that “they can keep their belief system and still offer good counseling but not based on their religious beliefs.” Others have objected to a legislative body dictating professional ethics.

Your Ethics Alarms Ethics Quiz today is…

Is the proposed bill reasonable and ethical, or just a way to allow bigoted counselors to discriminate?

Continue reading →

Ethical Quote Of The Month: Supreme Court Justice Antonin Scalia

/ Jack Marshall / 11 Comments

Antonin_Scalia_2010

“I have no illusions that your man will nominate someone who shares my orientation, but I hope he sends us someone smart. Let me put a finer point on it. I hope he sends us Elena Kagan.”

—The recently departed Antonin Scalia, speaking to Obama advisor David Axelrod seven years ago, as President Obama was faced with making his first Supreme Court nomination upon the retirement  of Justice Souter.

Kagan, of course, was finally chosen to fill the second SCOTUS vacancy. Axelrod treats this conversation as somehow shocking, which I guess it would be to a political operative like him, to whom partisan warfare is everything,. Yet Scalia, who was known to be good friends with several of the more liberal members of the court, including Kagan, displayed with that private statement to Axelrod the professional attitude I have heard from many lawyers, and that perfectly describes my own. What is important to have on the Supreme Court are the best and most competent legal minds available. Assuming such judges also possess integrity, the third branch of the government will be in good hands. Continue reading →

Ethics Quote Of The Month: “Bridge of Spies”

/ Jack Marshall / 8 Comments

bridge-of-spies-656

The shooting script for the Academy Award nominated film “Bridge of Spies” is now online. Written by Matt Charman and the Coen brothers, it, like the film that Steven Spielberg made out of it, provides an unusually accurate and nuanced portrayal of ethical lawyering. The movie is worth seeing, better more than once, and I expect that I will use many issues raised in it for class discussion as I teach legal ethics to lawyers this year.

There is one howlingly wrong scene, in which the lawyer, Jim Donovan (played by Tom Hanks) has a private discussion with the judge who will be sentencing his client, a convicted Russian spy. Donovan argues against a death sentence. If this happened, and I doubt it, it would have been an egregious ethics breach: this is called ex parte contact, and is strictly forbidden.

The film redeems this misstep many times over, especially in a scene that neatly explores both the duty of confidentiality and the duty of loyalty, as well as the crucial role of rules in society, and why “the ends justify the means” as well as those who advocate that philosophy must be rejected. “Ethics Bob” Stone told me that he now uses the scene in his business ethics classes.

The scene begins with Donovan meeting in a restaurant with a man who has been following him…. Continue reading →

The Loyalty Problem: Fundamental Ethics Confusion at Mount St. Mary’s University

/ Jack Marshall / 16 Comments

Mt st mary

Loyalty is an ethical virtue; the whole concept of duty often depends on it. Loyalty is also the most dangerous of all ethical principles. Misapplied, misinterpreted, followed blindly or carried to extremes, it can lead to absolute wrong. A current controversy at Maryland’s Mount St. Mary’s University illustrates how.

A reliable source obtained information that the school’s president, Simon Newman had argued that the school needed to be ruthless in maintaining high standards by getting rid of less competitive students, and had done so by telling colleagues opposing him, “This is hard for you because you think of the students as cuddly bunnies, but you can’t. You just have to drown the bunnies…Put a Glock to their heads.”

The student newspaper reported the conversation, which Newman hasn’t denied, and it was duly published in The Mountain Echo, the student newspaper.

Shortly after the “scoop,” The Mountain Echo’s faculty advisor Ed Egan was fired by Newman for violating the “code of conduct and acceptable use policies.” During the same period in which Egan was fired,  Newman did a Michael Corleone on some other “disloyal” lieutenants.” Thane Naberhaus, an associate professor of philosophy, was dismissed after criticizing Newman’s policies, and David Rehm, was stripped of his role as provost after questioning university policies.

The dismissal letter to Naberhaus, signed by Newman, said “As an employee of Mount St. Mary’s University, you owe a duty of loyalty to this university and to act in a manner consistent with the duty. However, your recent actions, in my opinion and that of others, have violated that duty and clearly justify your termination.”  Ed Egan says that he was also told that he had been “disloyal.”

I can’t speak to the dismissals of the other employees, but in the case of Egan, his loyalty was where it should be. President Newman doesn’t understand his own job, or the ethical principles applicable in academia. Continue reading →