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

February 20, 2016February 20, 2016 / Jack Marshall / 16 Comments

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

February 18, 2016February 18, 2016 / Jack Marshall / 17 Comments

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

February 16, 2016February 16, 2016 / Jack Marshall / 25 Comments

(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

February 14, 2016February 14, 2016 / Jack Marshall / 11 Comments

“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”

February 12, 2016February 12, 2016 / Jack Marshall / 8 Comments

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

February 11, 2016February 11, 2016 / Jack Marshall / 16 Comments

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 →

Since You Ask, HERE Is Why I Do Not Believe Public Schools Can Be Trusted To Teach Students About Complex Issues Like Race…

February 11, 2016February 11, 2016 / Jack Marshall / 72 Comments

Because too many teachers and administrators are incapable of reliably rational thought, that’s why.

Take this ridiculous episode, for example:

Ethan Chase Middle School in Menifee, California urged its students to costume themselves as Disney characters for Spirit Day last week. Austin Lacey, 13, being a broad-minded and creative lad who, like an astounding number of his fellow Americans, apparently admires “Frozen,” the Disney animated cult smash soon to be a Broadway musical. He chose to dress as Elsa, the movie’s troubled Snow Queen.

The school principal made him take off the costume, because, as Romoland School District Superintendent Dr. Julie Vitale said in a statement, it was necessary to “stop a general disruption to the school environment.”

See what I mean? Morons. Continue reading →

The Seventh Annual Ethics Alarms Awards, Part II: The Worst of Ethics 2015

February 8, 2016February 8, 2016 / Jack Marshall / 17 Comments

Ethics Corrupters of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

A Tie: Hillary Clinton and Donald Trump. Nobody else is close.

I’m sorry that these two are so dominating the awards. They also dominated the posts last year. If they dominate the awards next year, God Save The United States of America…

Double Standard Of The Year

The deference accorded to anti-white protesters on dozens of college campuses, not just by spineless administrators but much of the news media. Similar protests, conduct and rhetoric by white students would be immediately condemned for what it would be: blatant racism.

Lie of the Year

Hands Up! Don’t shoot! The lie was uttered in 2014, but acquired new status after the Justice Department unexpectedly and definitively determined that the evidence did not support the inflammatory myth that Mike Brown was shot dead in Ferguson while trying to surrender to Officer Wilson. Never mind: the lie is part of the manifesto of Black Lives Matter and similar groups; it is still alluded to by activists and shameless politicians; it still divides the nation and focuses hate on police departments; and it has contributed to getting police officers killed while making communities more vulnerable to crime. It may be the Lie of the Decade.

Uncivil U.S. Official of the Year

Justice Antonin Scalia, who crossed all lines of judicial restraint, collegiality and civility when he excoriated his colleague, Justice Kennedy, who was the fifth vote in the majority of SCOTUS’s ruling that same-sex marriage was a Constitutional right no state could deny, with this comment in a footnote:

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

——U.S. Supreme Court Justice Scalia,

The Jesse Jackson Award

(For the Year’s Worst Amateur Diplomat)

Barack Obama. I know, this is snarkier than I like to be in these awards, but the signature diplomatic measure of the past year, the astounding, one-sided, dangerous and Munich-like deal with Iran, could only be the product of an ideological tyro placing wishes and hopes over diplomatic responsibility, and not for the first time. For most Presidents, trading dangerous terrorists for a deserter would be nadir. History has seen many tragedies seeded by world leaders with no diplomatic skills: the disastrous Treaty of Versailles, Potsdam, and the treaty that this one most resembles, negotiated by the hapless Neville Chamberlain. We can only hope that the worst case scenario doesn’t materialize, but if it does not, it will be moral luck.

Most Unethical Sports League

The NFL, for the third year in a row. “Concussion,” Tom Brady, Deflategate, more evidence that NFL players are slowly killing themselves with brain damage, Johnny Manziel. What a great sport pro football is.

Sports Cheat of the Year

Tom Brady, New England Patriots ball-deflating quarterback. Brady eventually avoided punishment because the NFL botched both its investigation and its imposition of penalties, but his smirking, cynical comments about the incident made it clear that he thinks cheating is no big deal, and most of his fans agree.

Not surprisingly, Brady supports Donald Trump.

Unethical Lawyers of the Year

Law Firm Division: Lawyers Stephen Diaco, Robert Adams and Adam Filthaut of the Florida firm Adams & Diaco were found to have “maliciously” set up the drunken-driving arrest of their opposing counsel in a high-profile defamation trial. The plot involved a comely paralegal and a cooperative DUI cop. Last I checked, it looked like all three lawyers would be disbarred for life.

Scary Lawyer Division: California lawyer Douglas Crawford held a can of pepper spray a yard from the face of the opposing lawyer saying, “I will pepper-spray you if you get out of hand.” Then the lawyer pointed a stun gun at Traver’s head and said, “If that doesn’t quell you, this is a flashlight that turns into a stun gun.” To show he wasn’t kidding, Crawford discharged the stun gun the startled lawyer’s face.

Hard-working Lawyer Division: Massachusetts lawyer, Karen Andrade, was charged with prostitution after a police investigated a report by a suspicious neighbor and found online reviews of both the lawyer’s legal services and her escort services

Celebrity Lawyer Division: Michael Cohen, one of Donald Trump’s lawyers, told the Daily Beast that it was legally impossible for a man to rape his wife. He was only a couple of decades and many court cases behind on his research. That piece of legal scholarship came after he had threatened the website’s staff in language usually associated with loan sharks and pimps.

Unethical Prosecutor of the Year

Baltimore’s City Attorney Marilyn Mosby
Continue reading →

The Case Of The Snoozing Prosecutor

February 5, 2016February 5, 2016 / Jack Marshall / 5 Comments

There is a true story about Clarence Darrow putting a wire in his cigar and puffing it during an opponents closing argument to the jury. The idea was to create an absurdly long ash, so the jury would become distracted and watched to see when it would fall on his suit, when they were supposed to be paying attention to the summation. I’ve used that story in ethics seminars, asking attendees if this was unethical, and if so, was there a rule that could be used to punish a lawyer who did it.

Now comes word that the Maine Supreme Judicial Court ruled on Tuesday that there was no prejudicial error in the trial of Buddy Robinson, who was convicted in the death of his downstairs neighbor, despite the fact that the prosecutor, then Assistant Attorney General Andrew Benson, pretended to fall asleep during his Robinson’s lawyer’s closing. Robinson had appealed the verdict because of this and other questionable conduct by the prosecutor. Benson admitted that he sometimes pretended to be asleep in trials to annoy defense attorneys. In its opinion denying the appeal, the court concluded that the trial judge did not err in denying Robinson’s motion for a new trial, given the strength of the prosecution case.

It also said that the fake sleep bit “was sophomoric, unprofessional and a poor reflection on the prosecutor’s office.”

It’s also an ethics violation, a couple of ways. Maine’s Rules… Continue reading →

“Code Black” Glosses Over A Medical Ethics Imperative

February 4, 2016February 4, 2016 / Jack Marshall / 6 Comments

In TV’s medical drama “Code Black‘s” episode “Diagnosis of Exclusion,” we were plunged, as is too often the case in such shows, into a freak situation that might not occur in any U.S. hospital for a century, but that somehow happens on TV routinely.

A lunatic stalker named Gordon (Jesse Bradford) tried to rape doctor Malaya Pineda (Melanie Chandra) in the hospital garage, after stabbing a hospital administrator, perhaps fatally. Dr. Pineda fought back, the stalker stabbed her in the stomach, and then mild-mannered Dr. Angus Leighton (Harry Ford) arrived in time to pull the stalker off of his wounded friend and save her life. In the struggle that ensued, crazy Gordon was stabbed in the neck with his own knife.

This was presented in flashback, in the form of an official inquiry where Dr. Leighton explained that he told the stalker not to pull out his knife, but he did anyway, causing uncontrollable bleeding. “Maybe I could have done more but, I was out of my mind,” Angus explains. Leighton says he tried to stop the bleeding as he screamed for help. By the time the paramedics got the murderous patient into the ER, he was beyond saving.

Ahhh, but that’s not exactly what happened, we learn! First we saw Angus’s older brother, also a doctor, tell him that he did the right thing, that Gordon tried to kill two women that day and would have gone on to kill more if Angus hadn’t acted as he did.

Wait, what? Continue reading →

Ethics Alarms

An ethics commentary blog on current events and issues