Professions

Now THAT’S An Unethical Lawyer!

/ Jack Marshall / 12 Comments
Don't keep them waiting, Doug...

Don’t keep them waiting, Doug…

You know, I don’t comprehend  professional ethics alarm malfunctions like this one. I mean, if a lawyer thinks, “Hey, I think I’ll threaten opposing counsel with pepper spray and a stun gun to keep him in line,” and no faint ringing in his head suggests, “Wait—that might be unethical—maybe I sould check the rules,” what would make his ethics alarms sound? How can a lawyer ever think such conduct is justifiable or permissible, never mind that he could get away with it?

Nevertheless, California Douglas Crawford  held a can of pepper spray a yard from the face of the opposing lawyer, Walter Traver, during an April 2014 deposition  (with a stenographer there!). Crawford then told Traver, “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 near Traver’s face. Continue reading →

A Smoking Gun For So Many Things…

/ Jack Marshall / 105 Comments
Beschloss

Beschloss

By 2008, I had given up on Don Imus, whose occasional moments of conventional wisdom shattering clarity and truth-telling were overwhelmed by the egotism, self-promotion, and the sexism and vulgarity of his toadying side-kicks. Thus I missed this exchange with historian Michael Beschlost, which in retrospect explains so much that has taken place since:

Historian Michael Beschloss: Yeah. Even aside from the fact of electing the first African American President and whatever one’s partisan views this is a guy whose IQ is off the charts — I mean you cannot say that he is anything but a very serious and capable leader and — you know — you and I have talked about this for years…

Imus: Well. What is his IQ?

Historian Michael Beschloss: …our system doesn’t allow those people to become President, those people meaning people THAT smart and THAT capable

Imus: What is his IQ?

Historian Michael Beschloss: Pardon?

Imus: What is his IQ?

Historian Michael Beschloss: Uh. I would say it’s probably — he’s probably the smartest guy ever to become President.

Imus: That’s not what I asked you. I asked you what his IQ was.

Historian Michael Beschloss: You know that I don’t know and I’d have to find someone with more expertise…

Imus: You don’t know.

Continue reading →

Update On “The Worst Aunt Ever” Debate

/ Jack Marshall / 6 Comments
Auntie Maim and Nephew Maimer...

Auntie Maim and Nephew Maimer…

Remember the Ethics Alarms post about the favorite aunt who sued her 12-year old nephew for damages based on her injury when he jumped into her arms at his birthday party when he was 8? Remember the indignant plaintiffs lawyer who couldn’t get his mind around the fact that normal people don’t (ande shouldn’t) always see right and wrong like lawyers do, or that “it’s done all the time” (that is, The Golden Rationalization, #1 on the Rationalizations list, “Everybody does it”) and “there are worse lawsuits” ( or the worst of all rationalizations, #22, “Comparative Virtue” or “Its not the worst thing”) are not sufficient ethical defenses of a woman who voluntarily traumatizes a child who trusts her and who just lost his mother?

The Weekly Standard looks at the episode from some different angles, and writer Charlotte Allen does an excellent job providing a balanced analysis of the case (which I am now using in my ethics seminars to explain to lawyers how legal ethics alone is often not enough to make lawyers ethical). I am awash with regret that I didn’t think of the gag  “Auntie Maim” in the original post, which admittedly went a bit overboard in its condemnation as it was. Mostly, however, I am gratified that I was quoted in the piece after a well-handled interview with Charlotte, and indeed that she used my perspective to sum up the significance of the episode.

You can read it all here.

Jessica Rabbit Ethics

/ Jack Marshall / 21 Comments
From Left: Jessica, Pixie Before, Pixie After

                          From Left: Jessica, Pixie Before, Pixie After

Who could have predicted, when “Who Framed Roger Rabbit?” opened in theaters, that one of its greatest legacies would be a continuing obsession of young women to emulate her exaggerated, uh, features? Yet here is another example—and there have been quite a few—of a woman mutilating herself in pursuit of looking like the sexy Toon.  Model Pixee Fox—I’m sure that’s her real name—wore a waist-training corset for 24 hours a day and spent $120,000 on various cosmetic procedures including a recent operation to have six of her ribs removed in order to achieve Jessica’s apparent 48-14-40 figure.

“I’ve always been inspired by cartoons and Disney movies, all the curves and tiny waists,” Fox told reporters. “People often, they come up to me and say, ‘Don’t take this the wrong way, but you look like a cartoon.’ For me that’s a compliment. My inspiration started with Tinkerbell, but with my transformation, I’ve been starting to look like Jessica Rabbit.”

If you say so, Pixee!  Pixee is ill, it’s fair to say, so the ethical issues fall on the shoulders of  Dr. Barry Eppley, the Indiana surgeon who admits handling Fox’s surgery and also defends it.

I covered this the last time Ethics Alarms covered a wannabe Mrs. Rabbit (Jessica is a human Toon married to a member Leporidae Family). In that case, the happy aspiring Toon looked like this when all was done…

Lips Continue reading →

Unethical Judge Of The Month: Florida Circuit Judge Jack Schramm Cox; Runner Up: Wisconsin Judge Philip Kirk

/ Jack Marshall / 8 Comments

JudgeFor a judge, you just can’t get any more incompetent than this.

In Florida, Circuit Judge Jack Schramm Cox ordered the Palm Beach Post to scrub a previously published story from its website. This is prior restraint, or the government preventing publication based on content. The order violates the First Amendment; it isn’t merely unconstitutional, it is incredibly unconstitutional. Concluded Constitutional Law professor and blogger Jonathan Turley in his usual restrained manner,  “The utter lack of legal judgment (and knowledge) shown by Cox in this order is deeply troubling.”

It’s not troubling. It’s ridiculous. Continue reading →

More Cultural Bulldozing: Political Correctness Gets H.P. Lovecraft, Woodrow Wilson Of The Geeks

/ Jack Marshall / 39 Comments
The bust says it all...

The bust says it all…

Really bad and dangerous ideas take hold and thrive because, like a particularly deadly virus, they pop up in so many places at once, especially dark corners and exotic locals. The current progressive contagion of airbrushing history, toppling icons and cultural bulldozing–one of several  habits of successful totalitarians being embraced by the left these days—is such an idea. As usual, defenders of this thought-inhibiting and unjust practice behave as if it is the epitome of common sense and virtue, when in truth it is the  opposite.

To the credit of the followers of the World Fantasy Award (for literature in the fantasy an horror field), the administrators’ decision to cave to political correctness and retire an H. P. Lovecraft bust (designed by black humor cartoonist Gahan Wilson) as its symbol—H.P. was like, Woodrow Wilson, a white, Western culture supremacist —was not met with universal approval. Nonetheless the Award’s head honchos did it.

They did it to mollify the social justice zealots in the organization’s midst, who insisted on sending the message that currently non-conforming ideas and beliefs should be punished decades or even centuries later by pretending that legitimate and important contributions to art, politics, science and civilization didn’t exist, if the man or woman involved stepped across a political correctness line that didn’t exist when it was stepped over. All it takes to justify eradicating any honor, recognition or symbol of cultural gratitude is for a major historical figure in any field to have been shown to have engaged in, thought about (or consorted with those who engaged in or thought about) practices that the current culture, with assistance of many years of debate and experience that the toppled never had, now finds misguided, objectionable, offensive or wrong.

The proper punishment for this retroactive crime, these spiritual brethren of Stalin believe, is banishment, rejection and shame in the very field where the individual’s positive accomplishments reside. This is necessary to keep future generations from being influenced by ideas that might trigger discomfort among true believers of the official creed.

Thus, reason doctrinaire Princeton kids who have figured out The Great Truths at their tender age, Woodrow Wilson’s major contributions of strengthening and burnishing the name of the college, leading the United States for two terms, including through a world war, and devising the concept of the United Nations, no longer warrant respect and memorial, because he was, like so many other Southerners of his time, an unapologetic white supremacist. Of course, so was Abraham Lincoln and much of the nation, but that cuts no ice with the practitioners of merciless presentism. It isn’t just the views of the long dead that are being punished, you see. It’s a warning to non-conforming thinkers alive yet. Watch out! it says. Your thoughts, inspirations and ideas are impure and wrong, and you are still vulnerable to real punishment, not just the post-mortem fate of being defiled and forgotten. Continue reading →

Unethical Judge Of The Month, But Not For What You May Think

/ Jack Marshall / 13 Comments

ShatteredGavelShortly after the the Supreme Court’s same-sex marriage decision, Obergefell v. Hodges, Utah began placing foster children with same-sex couples. An 8-month-old girl was placed in August with Rebecca A. Peirce, 34, and April M. Hoagland, 38, who are married and live near  Salt Lake City with Peirce’s two biological children.

The couple hoped to eventually adopt the child, but during what was supposed to be a routine hearing on the foster parent arrangement the juvenile court judge, Scott Johansen, issued an order that the baby be taken from them and given to a heterosexual couple so that she could be raised in a home with heterosexual parents. As his justification, Judge Johansen said that research he had seen indicated that children  do better in heterosexual homes. The order cited the court’s “belief that research has shown that children are more emotionally and mentally stable when raised by a mother and father in the same home.” There have indeed been studies that support that position, but they have been sharply criticized by social scientists. Continue reading →

Desperately Seeking A Justification For The Unjustifiable Mizzou Meltdown, And Failing

/ Jack Marshall / 83 Comments

protest-mizzou

Yesterday, the Washington Post’s Janelle Moss, an African American issues columnist, presented an aggressive, dishonest and insulting justification for the destructive black student protests at the University of Missouri. In an earlier essay, I described them as an “I’m mad at the world and somebody has to pay for it” tantrum. I’m sticking by that description, despite the ennobling spin being put on it by apologists, many of whom are trying to blunt the damage being done to civil rights advocacy by the events of the last several days.

[N]owhere in this still-young week has there been a better example of the tension between the conservative and liberal views of race and the politics around it than behind the podium where University of Missouri President Timothy M. Wolfe stood and resigned Monday,” she wrote.  This is setting up Wolfe’s speech as a straw man. He was forced to resign, and ordered to do it without making matters worse. He was also protecting himself, and, I believe, was a weak and inept leader. How nice to be able to take a hastily written statement by such a dubious representative of any group and declare it the exemplar of “conservative views on race.”

Moss’s introduction was smoking gun proof that this was an example of an advocate picking out evidence to support what she already was committed to supporting, and atrocious evidence at that.

“The Fix is aware that some Americans are inclined to reject, outright, the idea that some words — those that we choose to express our ideas, what we say at critical moments and that which we do not mention — have deeper, often multi-layered meaning, ” she writes.  I don’t know what she thinks she is saying. “Many Americans” reject the idea that words have meaning? “Multi-layered” meanings? Who? Who believes that? What she is trying to do is to justify her next “proof,” which is junk science.

She consulted two minority social scientists, who have clear biases of their own (but coincidentally aligned with hers)  to psychoanalyze what Wolfe said in resigning, and allowing her to use their self-serving diagnosis (one has a book out about “dog-whistle” racism; the other makes his living writing and teaching about how racist the U.S. is) of a short and quickly composed speech to read not just Wolfe’s thoughts but to attribute them to all “conservatives.” The result is, or should be embarrassing. Continue reading →

One Ethics Observation On The Fox Business-WSJ Republican Candidates’ Debate.

/ Jack Marshall / 4 Comments

debate GOP

That was  professional,  unbiased, fair debate moderation.

Maria Bartiromo, Gerard Baker and Neil Cavuto made it look easy.

This should be a template for all future debates in either party, and between the eventual nominees.

And bravo to Neil Cavuto for his mild, pointed and well-deserved shot at his predecessors at CNBC in closing For once, a debate was about the candidates and not the moderators.

May it always be thus.

Ben Carson’s Stories

/ Jack Marshall / 21 Comments

ben-carson

The prevailing political foofaraw right now involves Ben Carson’s account, in his 1990 autobiography, regarding a phantom “offer” to attend West Point. Before some analysis, a word or two..

Ben Carson has no business running for President. His supporters are irresponsible and deluded. I was just on WGAN (Maine) on Arthur King’s show, and Carson was discussed. A Carson supporting caller took issue with my statement that he was flat out unqualified for office whatever had been said to him about West Point, and protested that he was a brilliant surgeon, and successfully managed his surgical team. We ran out of time, and I didn’t get to say, “So what?” Is Ned Yost a potential President because he successfully managed a baseball team to a World Series victory? Yost’s training and experience have as much correlation to political leadership as Carson’s, and arguably more. Carson has no qualifications for high office. He is easily the least qualified candidate in either field, with no management experience, no political talents, weak speaking skills, negligible presence, irrelevant education and training, and terrible political instincts. You could throw a rutabaga  into a crowd and have a good chance of hitting someone who would be a more promising President.

Wrote J. Christian Adams succinctly about the current controversy,

“[T]he incident reveals a recurring and perhaps unrecoverable trait of candidate Carson.  He just doesn’t seem to know what he is talking about, whether it be Cuba, the Voting Rights Act, or how West Point works.”

Yes, and that too.

So if this typical example of the news media blowing a relatively minor incident out of proportion because a Republican poses a threat to Democratic domination should result in Carson’s demise, good. Something has to. It is wrong, another example the double standard we are all used to; and the news media should be called on it hard. Still, if it ends the embarrassing distraction that is Ben Carson, I’m not weeping. The ends don’t justify unethical means, but that doesn’t mean that we can’t enjoy the ends anyway.

Let us pretend that Carson is a competent, qualified and deserving candidate for President, just to try to strip the bias away. How significant and serious are Carson’s various misrepresentations?

These all arise from what Carson wrote about his youth and early years in 1990, 25 years ago, when running for President wasn’t a twinkle in his eye. He…heck, we can’t pretend, because a competent candidate would be smart and experienced enough to say,

“You know, I didn’t expect anyone to read the book, I wrote most of it off the top of my head, my memory was faulty, I didn’t check the facts and I should have. The West Point story is typical. To me, it sounded like I was being told that I could get into West Point if I wanted to, and that I wouldn’t have to pay tuition, which to me meant a scholarship. I wasn’t trying to fool anybody then or now. I’m sorry. I’ve learned a lot in 25 years. I know most of our personal memories are distorted over time, and cannot be relied upon; mistakes like these turn up to varying degrees in all personal accounts. Bill Clinton says he remembered lots of church burning in Arkansas when he was growing up. Hillary Clinton said she was named after Sir Edmund Hillary, who didn’t become famous for climbing Mount Everest until six years after was born. The difference between my memory flawa and theirs was that mine can’t be attributed to political dissembling. Next question.”

If he had said that, then his other statements that didn’t check out could be explained the same way, and reasonably so. Instead, Carson and his defenders are denying, accusing, double-talking and parsing words like the Clintons. This is foolish because

I) Carson’s not as practiced at it as the Clintons,

2) …The truth is always better, and,

3) Unlike when the Clintons lie, most of the news media are looking for justifications to destroy him as it did Herman Cain. Reporters do not want to not be fair or reasonable with Carson, and certainly not complicit in deception as regularly is for Hillary. Continue reading →