U.S. Society

More Revelations Regarding Elizabeth Warren’s Alleged Unauthorized Practice of Law, and Why This Matters

/ Jack Marshall / 36 Comments

Prof Jacobson, on his blog Legal Insurrection, is in line for an Ethics Hero award with his tenacity regarding Elizabeth Warren’s dubious qualifications to engage in the practice of law in  Massachusetts. The overwhelming reaction by his colleagues in legal academia, and mine in the legal ethics community, has been to airily dismiss his arguments as trivial, far-fetched and thinly disguised political warfare, since Jacobson is an unapologetic conservative blogger (and a distinguished one.) Meanwhile, the mainstream media has, I think it is fair to say, completely ignored the story.

Part of this is undoubtedly because of the ignorance of most journalists regarding the importance of the legal ethics rules in question. Part of it is probably due to the accurate assessment by editors and TV news producers that the average American’s brain would switch off right around the time the story mentions Massachusetts Rule of Professional Conduct Rule 5.5 Subsection (c), and will start wondering about how Blair from “The Facts of Life” is going to do on “Survivor.” And part of it, infuriatingly, is because most journalists are willing to forgo the ethical duties of their profession in order  to ensure that a Democrat wins back Ted Kennedy’s Senate seat, and character be damned.

The rude brush off Prof. Jacobson is getting in this wagon-circling exercise is wrong in every way, and does injustice to every person and institution involved, including the Massachusetts legal establishment, the legal profession, ethical lawyers (which, believe it or not, the vast majority of them are), Senator Brown, the U.S. Senate, Massachusetts voters, and the American public. Bar associations across the country regularly punish ordinary lawyers who practice law without proper authorization, and there is a reason: a lawyer who won’t or can’t obey the most basic requirement of the profession—be sure you are practicing law legally—should not be trusted to handle the important transactions and controversies of their clients’ lives. Continue reading →

Indians, Pirates, Greeks, Intellectual Property, and Political Correctness

/ Jack Marshall / 5 Comments

The always understated Robert Newton as Long John Silver. You owe his estate a quarter every time you say “Arg!”

Here I am banging my forehead with the palm of my hand for not realizing that all of the rhetoric flying around about how horrible it is that people in the U.S. can get away with denigrating religions would spark yet another round of political correctness applied to team names and mascots. Perhaps this was inevitable when a vestige of an earlier controversy along these lines invaded the Elizabeth Warren-Sen. Scott Brown race: some of Brown’s staff were seen doing the old Atlanta Braves “tomahawk chop” to mock Professor Warren’s beneficial delusion that she is a bona fide Native American. The political correctness police were all over this one, though the logic, as in a lot of political correctness, was strained: doing a famous fake Indian gesture to mock a fake Indian political candidate is an insult to…real American Indians? Even after the real Cherokees have announced that Warren’s pretensions of affirmative-action worthy Native American status is offensive to them? I’m afraid  those who are empowered by being offended are just too creative for me—I don’t get it.

Nor do I get an earnest essay by  Paul Lukas on the ESPN website, titled “Time to Re-think Native American Imagery.” I am on record as believing that the assault on Native American symbols and imagery for school and team names is just more cynical power-mongering by convenient victims, with the exception of the Washington Redskins, the one team with an undeniably racist name that ought to offend everybody. Still, it is obvious that the political correctness thugs will keep chipping away, counting on their persistence and the eventual bureaucratic shrug (“Oh, what the hell—it’s only a name. Let’s just give them what they want!”) to give them a victory–whereupon they will find something else to be offended about.  Continue reading →

The Anti-Smoking Zealots Go To A Show

/ Jack Marshall / 25 Comments

…and it really looks cool in the stage lights!

Once again I am embroiled in a battle with bullies, in this case bullies whose motivation I support, but whose application, attitudes and methods I both oppose and despise. The bullies are the anti-smoking zealots. I am very happy with the culture’s success in discouraging smoking, and most of the government’s efforts to make smoking expensive and difficult, though I would support the U.S. being straightforward and just banning tobacco products. The bullies, however, buy tickets to the theater company that employs me as its artistic director, and that theater produces only written or about the 20th Century, especially the middle of it, when people smoked a lot. This often requires some smoking on stage, at the discretion of the director and the requirements of the plot. Whenever this happens, I catch hell. And I give it right back. Continue reading →

Airport Ethics: And This Is How Cheating Becomes Respectable

/ Jack Marshall / 5 Comments

The owners of these bags are suckers.

Traveling from Cleveland to Washington. D.C., today, I noted that the ridiculous airport baggage checking policies have borne predictable fruit. Easily 50% of the fliers on my plane cheated, sneaking their bags through security to avoid the luggage charge.

And it is cheating.

The airline charges $25 for each bag checked. The airport screeners don’t know or care who is on what flight, so it is easy to get bags through security that are too large to fit in the overhead compartments of some or all flights. Once you get them through security (slowing down the line for everyone else: the line in Cleveland went so slowly that I though I was in a Candid Camera stunt. Six travelers celebrated birthdays, two retired, and one girl went through puberty while we waited. And I had to shave repeatedly), the attendant at the gate will tell you that your bag won’t fit, and gives you a tag. You tag the bag, and leave it on the jetway. Then it is picked up and put on the flight. After you land, the bag is delivered to the jetway, meaning that the cheaters also get their bags without waiting for the carousel, or having to worry about them getting lost. Continue reading →

Ethics Dunce: Major League Baseball

/ Jack Marshall / 6 Comments

MLB Wild Card play-off, 2020

I dislike baseball’s play-offs, especially the fact that a team that finished second over a 162-game season can still win the World Series and be called a champion. I really dislike the addition of a second “wild card” team to the post-season formula this year, which theoretically means that a team can finish third and end up as a champion. Yes, I know this is the way it has been for decades in football, basketball and hockey, but they are lesser sports, after all.

Baseball’s rules for the new one-game play-off between the wild-card teams, however, marks a new low in baseball’s integrity. Since it the single game is a separate play-off round, the suits who run the game have decided that managers can devise a unique 25 player roster for that game alone, and reconstitute the team if it goes on to the next round, a three-out-of-five series. The practical effect of this rule is that two teams will face each other not only bearing insufficient resemblance to the teams that actually earned the play-off slot, but will also play with a roster that would be disastrous over the course of  a season. Continue reading →

Policies Don’t Fix Unethical Professors

/ Jack Marshall / 40 Comments

“Here is your assignment, class: Vote for who I tell you to.”

I saw this story and decided it was too obvious to write about. A community college math professor distributes to her class a pledge to vote for Obama and the Democratic slate, and demands that the students sign it—come on! Is anyone going to defend that as ethical? Then a reader sent me several links to the item (thanks, Michael), and after reading them, I was moved to reconsider.

The professor, Sharon Sweet, was put on unpaid leave pending an investigation; I can’t fault Brevard Community College (in Florida) for not firing her yet. What troubles me is the college’s statements that her conduct is just a breach of policy. BCC Spokesman John Glisch told the press that “The college takes this policy [prohibiting employees from soliciting support for a political candidate during working hours or on college property] extremely seriously. It is very important that all of our faculty and staff act in that manner at work and while they’re on campus.” So college provosts are reminding employees about the policy.

Let’s be clear. Associate Professor Sweet’s conduct was an abuse of power and position, an insult to the autonomy of the students and an attempt to take away their rights as citizens, disrespectful to them and the values of the nation, and an attempt to circumvent election laws and to subvert democracy. It was also, quite possibly, illegal. If a college needs to have a policy to stop teachers from behaving like that, it is hiring the wrong kinds of teachers—individuals whose ethics are those of totalitarian states, and whose respect for individual rights are nil. This was an ethical breach of major proportions, not a policy misunderstanding. No teacher should require a policy to tell her that this conduct is indefensible and wrong. Continue reading →

Unethical Quote of the Week: Dana Balicki, Proud OWS Protester

/ Jack Marshall / 5 Comments

“There’s tens of millions of dollars spent protecting the perimeter so we’re shaking something up.”

—-Dana Balicki, Occupy Wall Street protester, on today’s “birthday” protest of about 1000 nostalgic OWS types that resulted in almost 150 arrests and a disruption of traffic and commuter travel, but, as ever, nothing coherent, useful or productive.

Well said.

Yes, this is Occupy in a nutshell: happily wasting the publics money despite rising deficits at all levels of government, inconveniencing honest people trying to make a living, and annoying as many  as possible without having anything constructive to contribute to the nation’s policy debates or to offer as practical solutions to its intensifying problems.

A year ago, I summed up the efforts of this irresponsible, arrogant, lazy, destructive group, and was too kind.

But 100% correct.

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Source: Wall Street Journal

The Replacement Ref and the Conflicted Debate Moderator: How We Become Ethically Stupid

/ Jack Marshall / 2 Comments

Note to NFL: Don’t hire Gwen Ifill as a replacement referee.

Poor Brian Stropolo was only behaving like a respected national journalist on the political scene; why didn’t it work?

Stropolo, on the crew of NFL replacement refs (that’s scab refs, if you belong to the NFL refs union, which is currecly locked out) was assigned to yesterday’s New Orleans Saints-Carolina game. He was suddenly pulled from the assignment by the league on  Sunday morning, when it came to the NFL’s attention that he had represented himself on his Facebook page as an enthusiastic Saints fan, even appearing on his page in a Saints uniform.

Imagine if Stropolo had made a controversial game-changing call that handed the game to his beloved Saints!  But then, it was up to Stropolo and the league  to imagine it long before any inappropriate game assignment was made. For Stropolo not to notify the league of his web-wide admission of pro-Saints bias when he was assigned to referee a Saints game shows a complete absence of ethics training, instincts and sensitivity. How could this not occur to him? How could the NFL not have a vetting process for refs that would discover team allegiances? Where is the Code of Conduct to remind clueless referees about the “appearance of impropriety,”and the importance of preserving the NFL’s integrity by avoiding any suspicion that referees are tilting games in the direction of teams they root for in their off days? Continue reading →

Ethics Hero: Minnesota Vikings Punter Chris Kluwe

/ Jack Marshall / 5 Comments

Chris Kluwe is the kicker. Emmett Burns is the football.

I can’t highlight Maryland state delegate Emmett C. Burns’ effort to use his position and power to stifle free speech and political discourse without honoring NFL player Chris Kluwe, who put Burns in his place with an online open letter of remarkable clarity, passion and venom. Yes, it was not civil; it was, in fact, frequently obscene. Nonetheless, his indignation, expressed in a colorful upgrade of the language of the locker room, was well-earned. When an elected official in a supposed democracy starts trying to use his power to shut up citizens who disagree with him, maximum shaming is paramount. In this case, a little obscenity helped get the word out (and made it fun to read, too). Highlights of Kluwe’s polemic: Continue reading →

Ethics Quote of the Day: Calvin Coolidge

/ Jack Marshall / 12 Comments

“There is no right to strike against the public safety by anybody, anywhere, any time.”

—-Calvin Coolidge, then Governor of Massachusetts, soon to be Vice-President and later President upon the death of Warren G. Harding, in a September 14, 1919 telegram to labor leader Samuel Gompers on the occasion of the Boston police department strike.

Cal made his words count.

The Boston police were fired for extorting the city, and Coolidge’s words were in the air when President Ronald Reagan responded to an illegal strike by air traffic controllers by firing the strikers and banning the union.

Now Chicago’s teachers are striking, not against the city management that is denying their demands, but against the children of the city and their families.

What would silent Cal say? I think I can guess. Harming children and families for higher wages is as much extortion as leaving a city unprotected against crime, and cannot be defended ethically. The defense will be, inevitably, “Well, management is unfair, and their offer is unjust. What are we supposed to do?”

The answer is: something else.

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Facts: Chicago Tribune

Source: Wikipedia

Graphic: Washington, Jefferson and Madison Institute

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.