Professions

Comment of the Day: “Rationalization #30 (“It’s a bad law/stupid rule”) Chronicles: Vijay Chokalingam’s Affirmative Action Fraud”

/ Jack Marshall / 17 Comments
On the bright side, Dr. Nick improves the diversity of the medical profession...

On the bright side, Dr. Nick improves the diversity of the medical profession…

Joed68 comes through with his second Comment of the Day, this one in reaction to the post here on Mindy Kaling’s brother and his proud confession that he gamed an affirmative action program to gain admission to medical school years ago.

Allowing skin color to enable a less deserving applicant to vault over a more deserving one in college is one thing—still ethically dubious, but defensible in the abstract—and letting low-lights into elite training for professions with life and death responsibilities is another. The only explanations I can mount for those who indignantly defend affirmative action in the latter (such as CNN’s Jeff Young, quoted in the post) is that they are in thrall of the ends justifies the means mentality currently infecting much of Progressive World, or they don’t know how difficult it is to become a doctor. The first malady is beyond remedy; joed68’s submission addresses the second.

Here is his Comment of the Day on the post “Rationalization #30 (“It’s a bad law/stupid rule”) Chronicles: Vijay Chokalingam’s Affirmative Action Fraud”:

Continue reading →

The Legal Profession’s Failure Of Professionalism Regarding Gay Marriage

/ Jack Marshall / 22 Comments

blind_justice

Charles Green helpfully sent me the link to today’s New York Times piece documenting how…

“the imbalance in legal firepower in the same-sex marriage cases resulted from a conviction among many lawyers that opposition to such unions is bigotry akin to racism. But there were economic calculations, too. Law firms that defend traditional marriage may lose clients and find themselves at a disadvantage in hiring new lawyers.”

“Am I right that something’s quite amiss here?” he asks. Indeed he is, and I’ve touched on it before.

There are several factors at work here, but the result is deplorable, and indictment of the corrupt values of the legal profession. One of the factors is bias, and it is a bias that the lawyers themselves are either unaware of,  or are unwilling to avoid its effects as their professional codes of ethics require.

The majority of high-powered lawyers hail from urban centers where liberal culture flourishes among the wealthy, the powerful and the influential. These are cosmopolitan lawyers, sophisticated and urbane, who have gay colleagues, gay friends and gay children. They are less likely to be religious, and more likely to have contempt for those who are. Combine with them the legal academics who drive consensus on legal ethics matters—like most academics, they have marinated in the extreme leftist attitudes of U.S. academia—and it becomes clear why, as Michael W. McConnell, a former federal appeals court judge who teaches law at Stanford, tells the Times, “The level of sheer desire to crush dissent is pretty unprecedented.”

I noticed this in 2011, when the legal ethicists I follow, know and debate with decreed virtually en masse that a judge who was not only gay himself but in a long term domestic relationship with his partner had no ethical obligation to recuse himself before he issued the decision on the constitutionality of California’s anti-same sex marriage Proposition 8. Nor did they feel he was ethically obligated to disclose his situation before ruling. I wrote: Continue reading →

Unethical Quote Of The Week: Cartoonist Garry Trudeau

/ Jack Marshall / 14 Comments
The exquisitely rendered artwork of Gary Trudeau, circa 1970.

The exquisitely rendered artwork of Gary Trudeau, circa 1970.

“At some point free expression absolutism becomes childish and unserious. It becomes its own kind of fanaticism.”

—-Doonesbury cartoonist and relentless critic of the Right, Garry Trudeau, in a speech delivered on April 10 at the Long Island University’s George Polk Awards ceremony, where he received the George Polk Career Award.

Trudeau is a Yale grad, so perhaps we should cut him some slack muddled thinking. (Kidding!) However, in making his weak case that legitimate and socially acceptable satire only consists of “punching up,” he appeared to be advocating government prohibition of certain kinds of speech, to be designated by Trudeau and his ideological allies, who, of course, know best.

In doing this, Trudeau came very close to aping the popular theme from activists on the Left, especially on campuses, that “hate speech isn’t protected by the First Amendment.” “Hate speech” is an invention of progressives, and is generally defined as political or social criticism of members in good standing of their club, or groups and individuals they sympathize with or approve of.  Saying that you hope Rush Limbaugh’s kidneys fail is funny and deserved;  saying Mike Brown engineered his own demise by attacking a cop is hate speech. It’s easy when you get the hang of it: just look at the world like Gary Trudeau.

Earlier in his speech, he talked about “red lines” in satire, and blurrily–that is, inarticulately enough that he has plausible deniability, called for restrictions on “hateful” cartoons like those that prompted Islamic assassinations in Paris: Continue reading →

Rationalization #30 (“It’s a bad law/stupid rule”) Chronicles: Vijay Chokalingam’s Affirmative Action Fraud

/ Jack Marshall / 14 Comments

Affirmative Action

Actress Mindy Kaling, whom you might know from the sitcom she created and now stars in called “The Mindy Project,” has a brother who has exploited both his relationship to his famous sister and an ethically indefensible fraud to gain some momentary fame and perhaps a book deal. Vijay Chokalingam has revealed that 17 years ago he gained acceptance to St. Louis University’s School of Medicine by falsely representing himself as an African-American.

On his new website, Almost Black, Chokalingam explains,

In my junior year of college, I realized that I didn’t have the grades or test scores to get into medical school, at least not as an Indian-American. Still, I was determined to become a doctor and I knew that admission standards for certain minorities under affirmative action were, let’s say… less stringent? So, I shaved my head, trimmed my long Indian eyelashes, and applied to medical school as a black man. My change in appearance was so startling that my own fraternity brothers didn’t recognize me at first. I even joined the Organization of Black Students and started using my embarrassing middle name that I had hidden from all of my friends since I was a 9 years old.

Vijay the Indian-American frat boy become Jojo the African American Affirmative Action applicant to medical school….I became a serious contender at some of the greatest medical schools in America, including Harvard, Wash U, UPenn, Case Western, and Columbia. In all, I interviewed at eleven prestigious medical schools in 9 major cities across America, while posing a black man.

Continue reading →

Slager’s Lawyer Unethically Throws Him Under The Bus (Not That He Doesn’t Belong There)

/ Jack Marshall / 13 Comments
Professional Tip: Lawyers, it's unethical to do this to your clients!

Professional Tip: Lawyers, it’s unethical to do this to your clients!

When a lawyer believes that representing a client is something that he or she cannot do effectively, either because of a deep personal bias against the client, another conflict of interest, a reasonable belief that the client is untrustworthy or unmanageable, or some other good reason, his duty is to withdraw from the representation. Believing or even knowing that the client is guilty is not a good reason. Guilty clients have rights, the system demands a competent defense, and sometimes—rarely, but it happens—a lawyer can be surprised to find out that his “guilty” client isn’t guilty after all.

Withdrawal from a representation is appropriate and allowed in the circumstances defined by ABA Rule 1.16: Continue reading →

Religion + The Right Of A Woman To Control Her Own Body=Murder

/ Jack Marshall / 31 Comments

[I am tired, having engaged in a knockdown, drag-out session on legal ethics with a lively group of Federal bar practitioners. This was not the issue I wanted to come home to for the last post of the day. In fact, I gave up and am posting it this morning. Funny, the issue isn’t any easier now than it was yesterday.]

Charles Taze Russell, founder of Jehovah's Witnesses, and still getting kids killed since 1879.

Charles Taze Russell, founder of Jehovah’s Witnesses, and still getting kids killed since 1879.

A pregnant woman who was a Jehovah’s Witness checked into a Sydney, Australia hospital suffering from leukemia. She directed the staff that her treatment could not include blood transfusions, as her religious beliefs forbade them. She suffered from acute promyelocytic leukemia (APL), which is treatable, and often successfully. According to The American Cancer Society, “more than 90% of patients with APL go into remission with standard induction treatment.” Pregnant women with the cancer have an 83 percent remission rate, and their babies have a high rate of survival when their mothers are diagnosed in their second or third trimesters.

In the end, the fetus and the mother died for want of proper treatment.  “Staff were distressed, grappling with what was perceived as two ‘avoidable’ deaths,” doctors at the Prince of Wales Hospital in Australia wrote in a letter published this month in the Internal Medicine Journal.

Well, they should be distressed: they aided and abetted negligent homicide.  Continue reading →

An Irish Gay Marriage Ethics Quiz: Ethics Hero, Ethics Dunce…or What?

/ Jack Marshall / 122 Comments

gay-marriage

It’s comforting, I think, to realize that the U.S. isn’t the only Western nation that is in cultural upheaval over the gay marriage issue.

The  Irish Government, for example, will be holding a referendum on same-sex marriage at the end of May, only two decades after homosexuality was decriminalized.  Now polls suggest that  almost 80% of the Irish people favor legalizing same-sex marriage. Kowabunga, or rather, Faith ‘n Begorrah!

 Father Martin Dolan, the long-time priest at the Church of St Nicholas of Myra in Dublin’s city center for 15 years, called upon his congregations at the Saturday night Mass and Sunday morning service to support same sex marriage in the upcoming Irish vote. Then he announced that he was gay himself.

Dolan’s revelation received applause and a standing ovation.

Your Ethics Alarms Ethics Quiz for the day:

Was this conduct by the priest ethical?

I have some observations.

1. Since the Catholic Church does not approve of homosexuality, I believe that it is doubly unethical for a gay man to be a Catholic priest. First, it is dishonest, and second, it is hypocritical.

2. Announcing that he is gay is a good campaign tactic, as his parishioners presumably admire him, but it is making a national and cultural decision personal.

3. Father Dolan, being gay himself, has a personal interest in the result. He is therefore not an objective advocate, and as a priest, giving guidance to a congregation, he is obligated to be objective and without conflict.

4. Yes, it is more ethical for him to disclose his bias than not. It is still a bias, and still taints his judgment and credibility on the issue.

5. If this is a moral, religious issue, then Father Dolan has jurisdiction to provide his guidance and advice. If it is a political question, then he is abusing his power and influence, and that is irresponsible. This involves a vote that isn’t binding on any church, which means the referendum is a political issue, not a religious one.

6. Verdict: abuse of power.

7. Is it ethical for a priest to directly challenge Church teachings as an official, employee and figure of authority in the Church, with a public statement he knows would not be approved by his superiors? No. It is a betrayal of trust.

My view:

The priest’s advocacy was unethical.

_______________________

Pointer: Fred!

Facts: Irish Central

Double Standard Chronicles: Why Is Mocking The Rolling Stones For Their Appearance More Ethical Than Fat-Shaming Kelly Clarkson?

/ Jack Marshall / 19 Comments

Rolling Stones

It isn’t. It is just as wrong.

Fox’s Chris Wallace has apologized for making a gratuitous and unkind crack about pop singer Kelly Clarkson’s weight on a conservative talk radio show (he was suckered into it by the host, Mike Gallagher, who has also apologized to Clarkson.)

Today I have seen the above graphic circulating on Facebook with many “likes” and snarky comments about Mick and Keith’s faces.

My restrained reply is “Shut up, jerks, and show some respect.”

Original members Mick Jagger, Keith Richards and Charlie Watts are over 70 now. Nevertheless, they are embarking on another North America tour. They can still play, in some ways better than ever; Mick can still sing, and can still dance like a chicken. The Stones show passion and professionalism in every performance; those who have seen their concerts leave amazed. The Stones are not like the Beach Boys or the Turtles, croaking out 50-year-old hits to grandparents at county fairs. The Stones can still rock, still have musical integrity, still give their audiences their money’s worth and then some.

I wonder how many of the Facebook trolls writing about how the Stones, who are going to be 73 this year, look old—they are old, and so what? What exactly are they supposed to do about that?—know how hard performing at a professional level is, how exhausting it is, how it impossible to get to sleep for hours after a show because you are soaked with adrenaline, and how much wear and tear it places on the body, emotions and mind.

My guess? Very few. And very few of these obnoxious critics will be able to walk upstairs quickly at the age that the Stones are still rocking arenas. I give three hour, interactive ethics seminars, and I’m a lively speaker. After about two seminars in a week with the related travel, I am fried—and the Stones are expending more energy, more often, then I am. They are also a decade older than I am. I can’t be certain I’ll be able to do my Ethics Chicken Dance when I’m 73. They are an inspiration. Continue reading →

Tales of the Indiana State Legislature: “Your Baby Is A Racist!”

/ Jack Marshall / 61 Comments
Indiana State Rep. Vanessa Summers. (All right, not really, but I couldn't resist. Read the story and you'll get it.)

Indiana State Rep. Vanessa Summers. (All right, not really, but I couldn’t resist. Read the story and you’ll get it.)

Can it get worse than this? During the debate  in the Indiana House  over the Religious Freedom and Restoration Act,  state Rep. Vanessa Summers, (D-Indianapolis) rose to set a new record in outrageous race-baiting.

“I told [Republican colleague] Jud McMillin I love his son, but he’s scared of me because of my color.”

Responding to a rumble of protest from her assembled colleagues, Summers insisted, “It’s true.” When challenged on the assertion later. she defended her accusation, saying:

“He (the eighteen-month-old child) looked at me like I was a monster and turned around and cried. And I told him (McMillin) you need to introduce your child to some people that are dark-skinned so he will not be scared.”

There are so many take-aways from this episode that it’s difficult to know where to begin, or where to stop.

Continue reading →

Ethics Over Compliance: The Dutch Banker’s Oath

/ Jack Marshall / 7 Comments

bankers oath

“Professional ethics” is a never-ending battle between compliance and ethics, between rules and penalties on one side, and principles and values on the other. Compliance is easier: all you do is tell people with rules and regulations what they must or can’t do, and promise that there will be consequences if those rules are violated. For ethics to work, people actually have to understand ethical values and be committed to living by them in a professional context.

Compliance has little to do with ethics. Jack the Ripper will follow rules if they are clear, if he knows he’ll get caught if he violates them, and if the punishment when he does will be  harsh enough. That won’t make him ethical. In fact, compliance–rules-based professional conduct control—is often antithetical to ethics. Rules and laws are merely a challenge to the type that Oliver Wendell Holmes called “The Bad Man”-–which includes bad women—to find ways to do things that are wrong but that avoid violating rules sufficiently to justify punishment.  This is why most compliance codes have language in their introductions noting that it’s impossible to make a code that will cover every wrong someone can think of, so ethics are important too.

Pure compliance-based systems don’t improve ethical conduct. The financial collapse in 2008 was largely caused by financial manipulators operating in the grey areas of the rules and laws—that’s why so few of them could be prosecuted. In politics, The compliance mindset is extremely convenient for clever liars and cheats like the Clintons, which is why Hillary could try to explain her e-mail shenanigans by saying that “I fully complied with every rule I was governed by (heh-heh-heh!).” Unethical people will always find ways to get around rules. Ethical people, in contrast, barely need rules at all.

Another benefit of ethics over compliance is that ethics rules–compliance codes—have to be long and detailed, otherwise it’s too easy for Clinton-types to find loopholes, though they usually will find some anyway. Ethical values, on the other hand, can be stated very simply. An ethical employer thinks, “Hmm, that intern is cute, but I am married and have duties of loyalty and honesty to my wife and family, and it would be an abuse of power and influence as well as irresponsible for me as a leader to have an affair with someone under my supervision in the organization.” The Bad Man thinks, “Wow, she’s hot; my wife won’t care as long as I’m not caught; getting a hummer isn’t considered sex where I come from, and there’s nothing that says a President can’t fool around!” For the former, “A leader should not have sex with subordinates” is clear as a bell; his values tell him why. The latter, though, is thinking, “Hmmm. How can I get around this? That rule says “should” but not “shall”— that’s good. No punishment is specified. Sounds like more of a guideline than a rule. “Sex”—that must mean sexual intercourse: great! Lots of wiggle room there. And “subordinate”—is an intern really a subordinate? And I bet I could argue that this is personal, not official conduct. All good…now where’s that cigar?“

Invoking ethics rather than compliance is a new oath required by the Dutch Bankers Association. It could be printed on a postcard, and if a banker is ethical, it is all he or she needs:

I swear within the boundaries of the position that I hold in the banking sector…

…that I will perform my duties with integrity and care;

…that I will carefully balance all the interests involved in the enterprise, namely those of customers, shareholders, employees and the society in which the bank operates;

…that in this balancing, I will put the interests of the customer first;

…that I will behave in accordance with the laws, regulations and codes of conduct that apply to me;

…that I will keep the secrets entrusted to me;

…that I will make no misuse of my banking knowledge;

…that I will be open and transparent, and am aware of my responsibility to society;

…that I will endeavor to maintain and promote confidence in the banking system.

So truly help me God.

And if a banker isn’t ethical,

it won’t matter anyway.

__________________________

Pointer: Legal Ethics Forum

Sources: Bloomberg, The Conglomerate

Graphic: Bloomberg