Professions

The Trooper,The Law Clerk, And The Deer

/ Jack Marshall / 12 Comments
This was all YOUR fault...

This was all YOUR fault…

Prof. Jonathan Turley would make this an ethics quiz, but not me.

He is troubled that a law clerk ended up an ex-law clerk after publishing a gratuitously nasty post on Facebook expressing her unseemly lack of sympathy for a New Jersey state trooper who died when his car collided with a deer. (Another trooper traveling with him was injured.) Turley shares my concern regarding the trend of employers punishing employees for their comments on social media, but in this case, I don’t have any sympathy for the clerk at all.

Responding to other Facebook commenters who expressed sorrow for the dead trooper and called him a hero, Leslie Anderson, who clerked for a News Jersey judge, Middlesex County Superior Court Judge Travis L. Francis, expressed strenuous dissent, writing,

“Not that sad, and certainly not ‘tragic,’ Troopers were probably traveling at a dangerously high speed as per usual. Totally preventable. At least they didn’t take any of the citizens they were sworn to serve and protect with them…The ‘victim’s’ employment as a state trooper is irrelevant to the circumstances, other than the fact that he injured a fellow trooper and destroyed state property as a result of his recklessness. He wasn’t running into a burning building or otherwise acting within the course of his employment at the time of the accident. The outcry and ‘thank yous’ are absurd, nonsensical, and completely unwarranted. There are people in this country and around the world dying for much less. There is nothing ‘tragic’ about this. Get over yourselves and your sense of entitlement, people . . .

Nonetheless, I agree that it is sad and heart wrenching for the family members left to suffer the consequences of the Trooper’s recklessness — especially for the deer family who lost a mommy or daddy or baby deer.”

Jerk. Continue reading →

Now THIS Is A Witch Hunt! The Northwestern-Laura Kipnis Ethics Train Wreck

/ Jack Marshall / 10 Comments

Springfiled mob

I really tried to ignore this ridiculous story. Campus political correctness battles, like examples of public school teacher incompetence ( my head just exploded yesterday, so I refuse to write about THIS), are so common and so self-evidently whacked that the blog could easily be over-run by them. The lower education episodes are more important, I’ve concluded, because the victims are children who still might be saved from indoctrination and a life-wrecking warped concept of how authority should be wielded, and children must be protected from the kind of child abuse a lot of these episodes represent. In the college campus fiascos, much of the time, it is the students who are the initial culprits (remember, they are adults, supposedly), and the administrators are mostly the craven enablers. Initially, I thought this episode was just another example of runaway progressive fascism feeding on itself. And it is, but there is more to it than that.

To briefly summarize…Laura Kipnis is a Professor of Radio, TV and Film at Northwestern University. She wrote an entertaining article in the Chronicle of Higher Education about what she termed the ‘sexual paranoia’ on college campuses, including hers, and delivered observations about how these attitudes were strangling discourse and sane human interaction in society at large.

I wasn’t crazy about the article, because Kipnis, as I might expect from a theater prof, appears to know nothing about ethics at all. Her over-arching position is Old Sixties Berkeley: if it involves sex, chill out. I will bet my head that Kipnis was one of Bill Clinton’s defenders on the grounds that lying about sex isn’t lying, even when it’s under oath, even when it’s on TV, even when it’s to the American people’s face, even when you use your power and high office to support it. It’s sex, and sex is groovy. Who knows, she might also have defended John Edwards, and no, I have not had any respect for people like this since the Nineties. Continue reading →

Ethics Dunce Update: See, Jason, This Is Why We Need An Ethics Alarm…

/ Jack Marshall / 10 Comments

 Too little, too late.

george03Jason Alexander has just responded to his agent’s and publicist’s frantic texts with a tweeted apology for his disreputable and needless swipe at an out-of-work actress now plucking ukuleles for a living…and not even in Hawaii.

He feels officially awful, he says. Her inability to play scenes with him and the other cast members wasn’t really the reason she was killed off on the show. It was all Jason’s insecurity, he says. Everybody “really liked and like Heidi…she is a kind, lovely person” he says. In show business, screwing over people you like and humiliating lovely people who make about 1% of what you do is just what stars do…wait, no he didn’t exactly say that.

He also says this: “But in telling this story, it sounds like we are putting a heavy burden on Heidi. I, personally, am not.”

Hmmmm. Interesting “personally.” As in the comments to Stern, Alexander is again implying that it wasn’t his fault that the actress got dumped and sent to hula hell. But Jason: you told the story humiliating her on the air. You. Nobody else.

Finally, Alexander tries to shift blame to the news media:

“So, to all the press that is now running wild with this 15-year-old story, please don’t pervert it.“

“George,” you, not anyone else, you, told the 15 year-old story. The story now is what a jerk you were on Stern’s show. That story is new, and you just added to it, because this “apology” makes you seem like even more of a jerk. Yes, there’s a nice “I personally apologize” to Heidi. It doesn’t matter. The harm was done, and can’t be undone, and many of us, like me, have a hard time believing that this mea culpa is anything but PR repair work. For her career, dignity and reputation, no repair is possible.

You want to make amends? Have your agent find her an acting gig.

Unethical Quote Of The Week: Law Professor Orin Kerr

/ Jack Marshall / 19 Comments

“If I understand the history correctly, in the late 1990s, the President was impeached for lying about a sexual affair by a House of Representatives led by a man who was also then hiding a sexual affair, who was supposed to be replaced by another Congressman who stepped down when forced to reveal that he too was having a sexual affair, which led to the election of a new Speaker of the House who now has been indicted for lying about payments covering up his sexual contact with a boy. Yikes.”

—Prof. Orin Kerr on The Volokh Conspiracy.

Hatert as coachI thought more highly of Prof. Kerr, who belongs to the left end of the group of provocative libertarian legal scholars who make up the commentariat on the erudite blog, recently annexed by the Washington Post, than to believe him capable of abusing his authority with this kind of hackery. He is endorsing  the deceitful “logic” of Hustler publisher Larry Flynt.

Well no, Professor, I guess you don’t understand history properly, or government, or ethics for that matter. Clinton was not impeached for lying about a sexual affair, though that was the tactical spin placed on the impeachment by Clinton’s defenders.

Bill Clinton  was impeached for lying about a sexual affair under oath, before a judge, in court, an act that would get you, as well as any other lawyer, disbarred. If you don’t obey the law enough to be a lawyer, you don’t respect the law enough to be trusted to defend the laws of the land as President of the United States. He was also impeached for lying to a grand jury, another crime, and using his high office, his appointees and his staff to cover up his lies, which is obstruction of justice.

He was also impeached because he was President of the United States, the role model and exemplar for good citizenship, lawfulness and good behavior for the entire nation, and because the relationship in question occurred during his tenure in office, during the working day, and  with a low-level employee in violation of the principles under lying the sexual harassment law he had signed into law himself.

None of this was true of Newt Gingrich, Bob Livingston, and Dennis Hastert, the three GOP Speakers Kerr is referring to. Continue reading →

A Naked Teacher Principle Application That Nobody Will Disagree With! At Least I Hope Not…

/ Jack Marshall / 7 Comments
...especially with her new boobs....

…especially with her new boobs….

Amazingly, this is the first bona fide sighting this year of the Naked Teacher Principle, an Ethics Alarms standard, and it is, as Hazel used to say, “a doozy.” (Yes, I will continue to try to educate younger readers in the finer points of Sixties pop culture no matter how obscure the reference is. Look up Ted Key, Shirley Booth, Don DeFore, and The Saturday Evening Post, my children…)

Since it has been so long, here is the NTP:

The Naked Teacher Principle: The Principle states that 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. The original formulation of the NTP can be found here. It has had many tweaks and variations since, which can be found here.

Now hold on to your hats, public school fans. Here is the recent story that it governs: Continue reading →

The Brelo Acquittal: Once Again, No Just Cause For Protest

/ Jack Marshall / 18 Comments

Brelo car

Nobody should doubt that there are too many instances of excessive police force, that racism must playsa factor in many of these episodes, and that prosecutors and juries give police special, and perhaps excessively generous,  consideration when cases of alleged abuse come to trial. The sheer numbers compel that concludion. However, the now routine presumption on the part of civil rights activists, much of the news media and Obama racially-biased Justice Department that every instance where an unarmed African American is killed by a police officer warrants indictment and conviction is as pernicious as racism itself, and threatens the rule of law as well as any semblance of peaceful race relations.

Every incident is not like the Walter Scott shooting in South Carolina, where the police officer’s actions were unequivocally homicidal, but the news media seems to blur the lines as much as it can. In the current controversy out of Cleveland, police officer Michael Brelo’s acquittal of murder charges was announced with headlines resembling  Slate’s “Cleveland Police Officer Acquitted for Firing 15 Shots That Killed Unarmed Black Couple,” which makes it sound as if Brelo personally executed the Huxtables while they were taking a Sunday drive. “Cleveland Police Officer Acquitted for Firing 15 Shots out of 137 That Killed Two Mentally-Ill, Homeless Addicts Under The Influence of Drugs Who Fled A Lawful Police Stop And Were Credibly Believed to Have Discharged A Firearm” would have been lengthy, but also would have been fair rather than deceitful.

The acquittal came because there was no way to determine for certain that Brelo’s shots were the ones that killed the couple.  Nor were the Cleveland officers’ presumption that deadly force was necessary unreasonable. Police had been informed that shots had been fired from the car (they turned out to be backfires from the auto), and the driver  had certainly exhibited reckless conduct. Was it necessary for Brelo to jump up on the hood of the car after multiple shots had been fired into it by other officers (the chase involved over 60 police cars)?  Were more shots fired by all concerned than necessary? Maybe and almost certainly, but neither of those facts add up to guilt for the officer, or justification for another “Hand up, Don’t shoot!” protest. Officers didn’t know the occupants of the fleeing car were unarmed, and had reason to think they were armed. They didn’t know they were a “couple,” or African American, or mentally ill.

Never mind; African American protesters are demonstrating, protesting and getting arrested in Cleveland anyway. Continue reading →

When Typos Have Ethical Significance

/ Jack Marshall / 28 Comments

Law-Firm-Advertising-FAIL

I was chided over the weekend for mocking a misspelling in one of the cuckoo online comments cheering on Texas Governor Greg Abbott’s ridiculous “monitoring” of U.S. military exercises in his state. The thrust of my critic’s argument was that picking on such modes of expression was not only a cheap shot but an elitist cheap shot. I generally deplore the “You wrote ‘teh!'” school of online debate, and in my view, that wasn’t what I was doing when I pointed out this particular Texas paranoid’s spelling of government as “goverment” twice . His “position” didn’t require any rebuttal, as it was self-evidently batty; I alluded to “goverment” because I concluded that it was not a typo, but rather an indication that the commenter was as ignorant as granite block. If you can’t spell government, you haven’t read about government enough to have an opinion on it worth inflicting on the rest of us.

It led me to ponder, however, when a typo has undeniable ethical significance, and mirabile dictu, Above the Law today provided the excellent example you see above.

This is part of the marketing for a law firm—you know, those organizations that provide lawyers to ordinary citizens who need help negotiating the complexities of our nation’s increasingly impenetrable laws and regulations in order to live and prosper? Lawyers are supposedly trained in the precision of language, as the presence or absence of a comma or semi-colon in a statute, a motion or a brief can mean the difference between a client being a criminal or a free man, and an unnoticed typo in the draft of a contract, will, trust or settlement can decide the fate of millions of dollars, the ownership of disputed property, the existence of a prenuptial agreement, and other momentous, life-altering  consequences.

The very existence of an embarrassing  law firm marketing device like this one—I think it’s a coaster—leads to many conclusions:

1. It tells us that the law firm’s managing partners are inattentive to details, and in law, details are everything.

2. It tells us that the lawyers in the firm inadequately supervise the non-lawyers who work for the firm, and the ethics rules demand that lawyers be especially attentive to such employees and contractors.

3. It tells us that at least one firm lawyer, whoever approved the thing, either is illiterate or can’t be trusted to check the text of documents, even documents containing only three words.

4.It tells us, in short, that this law firm, and by extension the lawyers it employs, cannot be trusted to exercise care, competence and diligence when they are representing themselves.

How can it possibly be trustworthy when it is representing others?

__________________

Pointer and Source: Above the Law

Ethics Dunce: CNN Morning Anchor John Berman

/ Jack Marshall / 5 Comments
When to you break out the dick jokes, John?

When to you break out the dick jokes, John?

There is apparently no way to stop the trend of supposed professionals polluting our discourse, and the airwaves by inflicting gratuitous vulgarity on us, apparently in the mistaken belief that doing so is clever and cute. It isn’t. It’s unprofessional, juvenile and embarrassing.

CNN anchor John Berman is the latest to join the smut brigade. Announcing a promotion for CNN’s evening entertainment show, “Somebody’s Gotta Do It” starring Mike Rowe, in which Rowe will be doing something—I really don’t care—involving boulders—Berman smirkingly began, “Mike Rowe shows us big stones!” Nice. And stupid. Kate Bolduan, sitting next to him, seemed visibly annoyed, and when he repeated the “joke” after the break, said, curtly, “Please stop.” Continue reading →

The Humiliation of Alexus Miller-Wigfall

/ Jack Marshall / 57 Comments

Prom Dress

Some stories of the malfunctioning of  ethics alarms in school administrators make me want to weep, go postal, or begin a national movement to bring down the public school system for good, so untrustworthy are its stewards.

This one made me want to do all three.

The incompetent and cruel administrators at Harrisburg’s Sci-Tech High School told student Alexus Miller Wigfall that she would be suspended because the prom dress she wore was “too revealing.” The school’s dress code, like most dress codes, is so badly worded that it defies reasonable construction: this one requires “all body parts” to be covered, suggesting that the only acceptable prom dress would be something like this…

woman in Burka

Cute! Continue reading →

Another TV Doctor, Another Breach: Dr. Sanjay Gupta’s Heroic And Self-serving Ethics Blindness

/ Jack Marshall / 25 Comments

Are TV doctors entertainers, journalists or doctors? In a way the question doesn’t matter: if they are doctors, then they are obligated to follow medical ethics and the standards of their profession at all times, no matter what else they may be taking compensation for. This is why “Dr. Oz” is ducking the issue when he tries to avoid accountability for pushing quack remedies on his TV show (if it ducks like a quack…) by arguing that he isn’t practicing medicine, but engaging in entertainment. He’s still a doctor, every second of his life, once he takes that oath.

CNN’s Dr. Sanjay Gupta has largely steered clear of ethical issues in his tenure as the network’s medical expert. Not entirely, however; for example, in 2009, he was prominently mentioned as a possible Surgeon General, and was in discussions with the White House while continuing his reporting on the air, raising real and potential conflict of interest concerns. The most recent controversy is more serious. Continue reading →