U.S. Society

Glenn Beck vs. Teddy Roosevelt? No Contest!

/ Jack Marshall / 27 Comments

Listening to Glenn Beck disparage Theodore Roosevelt is a little like listening to Ed Wood, auteur of the deathless classic, “Plan Nine From Outer Space,” condemning John Ford as an unimaginative hack.

At his uproariously received speech at the Conservative Political Action Conference, Beck, the libertarian talk-show host, flamboyant TV showman on Fox and current Tea Party hero effectively racked up cheap applause by pulling a quote out of Teddy’s “New Nationalism” speech and deriding it. Beck didn’t analyze and critique the speech, of course, because that would have required a discipline of scholarship and a rigor of intellect that he simply does not possess. He simply quoted this section… Continue reading →

Randy Cohen Watch: “The Ethicist” vs. Integrity, Accountability, and the Law

/ Jack Marshall / 5 Comments

Randy Cohen, “The Ethicist” of the popular New York Times Magazine column, frequently gets in trouble when he opines on the law, legal ethics, and how lawyers interact with society. This week he was at it again, and he got in trouble, all right. Big time.

Bruce Pelligrino wrote to the column to get “The Ethicist’s” take on the actions of a friend, who told Bruce he wanted to hire a lawyer to challenge a speeding ticket even though he had admitted to the police officer, in the presence of his children who were passengers in the car, that he had been driving 51 m.p.h . where the limit was 35.

“I think he should accept the consequences, learn from the experience and give his children a lesson in ethics,” wrote Pelligrino. ”Shouldn’t he just pay the ticket?”

Cohen sided with the speeder, opining…

“Even those who think themselves guilty are entitled to their day in court, and there is civic virtue in their exercising this right. A trial is a way to hold officials accountable for their conduct. Was the radar gun accurate? Was the speed zone clearly marked? Did the police officer behave properly? And what, given all the circumstances, is an appropriate punishment? Little of this could be scrutinized if everyone simply paid the ticket. It would be a court-clogging nightmare if every self-confessed speeder demanded a trial, but it is a fine thing if, now and then, some people do.”

Randy appears to have misunderstood the question, believing that Pelligrino’s friend was being charged with an arcane S.E.C. violation, or some intricate form of criminal conspiracy. The guy was driving too fast, knew it, and got caught! What does Cohen mean “Even those who think themselves guilty”? The driver admitted he exceeded the speed limit on the basis of his own car’s speedometer; he didn’t “think” he was guilty; he knew with complete certainty he was guilty, and said so to the cop who stopped him.

“The Ethicist” thinks “it’s a fine thing” for that driver to renege on his admission and impugn the policeman’s behavior, challenge the speed limit posting and question the radar gun to get out of a wrongful fine for an act he admits he committed. How could this course of action possibly be called ethical?

Here is what really is “a fine thing,” Randy: integrity—sticking to one’s word and backing it up with action. The driver said the ticket was correct. It is dishonest and irresponsible for him to turn around and challenge it as Cohen suggests. Here’s something else that is “a fine thing,” Randy: accountability—admitting when you have done wrong when you know it and accepting the consequences. The purpose of the legal system is not to encourage citizens to try to avoid just consequences for admitted violations of the law. Yes, as Cohen correctly notes, everyone has a right to challenge charges in court, but as anyone who calls himself an ethicist is supposed to know, it is not always ethical to exercise a right. Banks have the right to kick elderly homeowner out onto the street as soon as they fall behind on their mortgage payments. I have the right to limit my circle of friends and business associates to straight, white, Protestant bigots. I have the right to be blatantly incompetent in my free ethics commentary, and, like Randy in this case, to give mistaken and even harmful advice. All of these things are still unethical, however.

The Ethicist’s answer to Mr. Pelligrino’s query is unethical too, dramatically so. Cohen is saying that it is reasonable and ethical to force a trial on a traffic offense when…

  • The driver admitted the offense to the police officer…
  • …in front of his children…
  • …in order to challenge the veracity of the officer, who took his admission in good faith…
  • ….requiring the officer to appear in court, taking him away from community law enforcement duties…
  • …taking up court time, using taxpayer-funded personnel, that should be devoted to cases where the facts are genuinely in dispute…
  • …with the objective of avoiding the payment of a just fine to the government, where it would be used for community purposes, in order to transfer money instead to the pocket of, not just a lawyer, but the unethical species of lawyer who is willing to take unconscionable cases…
  • …thus teaching the driver’s children, if the driver prevails, that the objective in life is use the system to avoid accountability, even when you deserve to be punished, and..
  • …that respect for the law is less important than avoiding a thoroughly earned fine, and
  • …that speeding is all right if you can get away with it, thus…
  • …increasing the likelihood that the children themselves will regard excessive speed this way when they become drivers, and also increasing the chances that their driving habits will cause harm to themselves or others.

I have  read “The Ethicist” for years, I have learned that Randy Cohen has unseemly problems with honesty, a reflex prejudice against law enforcement, and shocking and brazen cluelessness on matters of legal ethics and the exercise of legal rights. Bruce Pelligrino managed to ask a question that involved all of them, and the result was one of the most indefensible answers I’ve seen from Cohen yet.

Ethics Hero Emeritus: Robert M. McElwaine, 1925-2010

/ Jack Marshall / 3 Comments

Every time I hear about a new tell-all book by a famous person’s former lover, spouse, political aide or appointee, full of embarrassing revelations about what celebrities, political leaders or admired (or reviled) historical figures did or said behind closed doors or in the dead of night, I admire Bob McElwaine just a little more. When he died this month, the Washington Post obituary described him as a man who knew how to keep a secret. He did, but he was much more than that.

Robert McElwaine was a gentleman. Continue reading →

Tiger Woods’ Mother in the Ethics Rough

/ Jack Marshall / 18 Comments

“You know what? I’m so proud to be his mother. Period. This thing, it teaches him, just like golf. When he changes a swing… he wants to get better… He will start getting better… it’s just like that. Golf is just like life, when you make a mistake, you learn from your mistake and move on stronger. That’s the way he is. As a human being everyone has faults, makes mistakes and sins. We all do. But, we move on when we make a mistake and learn from it. I am upset the way media treated him like he’s a criminal…he didn’t kill anybody, he didn’t do anything illegal… They’ve being carrying on from thanksgiving until now, that’s not right! People don’t understand that Tiger has a very good heart and soul. Sometimes I think there is a complete double standard… He tried to improve himself. The tabloids and newspapers just killed him, held him back.. To me it looked like a double standard…When you make a mistake you learn from it and move on, that’s the way life is, that’s a human being. We’re not God, and he never claimed he was God. If anyone tells me to condemn him, I say look at yourself first.. .. I would … look in their eyes and tell them you’re not God!  This thing is a family matter… It’s not easy to be him. … (People) go to work 8 to 5 and go home to have a life with the family. Tiger can’t do that.”

—————Katilda Woods, Tiger’s mother, in remarks to the press following Woods’ statement and apology today, his first public appearance since a series of revelations about his multiple affairs.

Where to begin? I’m glad Mrs. Woods is proud of her son. That’s what mothers are for, in times like these. If only she had stopped there, before she plunged deep into the ethics rough. For example, I think Tiger’s been swinging enough, don’t you?

But Mrs. Woods decided to promote three of my least favorite rationalizations for terrible conduct, and then added one I had neglected.  Now that she mentions it, however, I hate that one too. Continue reading →

An Unethical Ethics Conference

/ Jack Marshall / 5 Comments

The Fourth International Legal Ethics Conference at Stanford Law School has lined up  over 100 speakers. It is giving them no honorarium, hotel, meals or travel expenses, and despite the fact that they are providing the content and attraction for the event, the Conference still requires them to pay  registration fee of $350. Stanford is also charging its students a registration fee to attend, generously reduced to “only” $250.  But the conference can afford to be so generous, because it will also be getting registration fees from lawyers who are required to fulfill bar-mandated Continuing Legal Education requirements.

I have argued, and behavioral science suggests, that thinking about ethics helps one’s ethics alarms work well and often. The Stanford Conference suggests that either this is not as certain as I believed, or that the people running the ethics conference don’t actually think about ethics, which, if true, adds fraud to their list of ethical outrages.

The unfair and irresponsible requirements of the Stanford event has prompted least one prominent legal ethicist, Prof Monroe Freedman, to abandon plans to attend, saying, “I’m a card-carrying capitalist, but this kind of exploitation in the name of ethics could turn me into a Marxist, or a cynic.”

We should be concerned about a culture whose those in the ethics business are increasingly unethical. The sad lesson seems to be that when there is a conflict between commerce and ethics, commerce wins.

The Citizens United Opinion and the Post’s Unethical Poll

/ Jack Marshall / 3 Comments

Is the Washington Post story on  the Citizens United v. FEC Supreme Court opinion and the public’s reaction to it  dishonest, sinister, or just incompetent? I’m not sure, but I am sure of this: it is a classic example of why polls are a terrible way to guide national policy and lawmaking. The Post article begins…

“Americans of both parties overwhelmingly oppose a Supreme Court ruling that allows corporations and unions to spend as much as they want on political campaigns, and most favor new limits on such spending, according to a new Washington Post-ABC News poll.”

The statement is false and misleading. Whatever the merits or deficiencies of the Citizens decision may be, the vast majority of the American public has no idea what the Supreme Court ruling was, or why it was made. Continue reading →

Ethics Dunce: PZ Myers

/ Jack Marshall / 13 Comments

PZ Myers, according to his blog, Pharyngula, is a biologist and associate professor at the University of Minnesota. Yesterday, however, he was just one more arrogant, mean-spirited bully (if this were not an ethics blog, I would have used the term “jackass”), ridiculing Catholics who chose to follow the traditions of their church by displaying a smudge of ash on their foreheads on Ash Wednesday.

Like all bullies, he chose the weakest and most defenseless targets for his attack: “little old ladies,” whose religious devotion made him want to “pull out a hankie, spit on it, and clean them up.” Continue reading →

The Racist Slur on Tea Parties, and an Ethicist’s Lament

/ Jack Marshall / 16 Comments

I thought long and hard about whether to write this post, and I resent the fact that I had to think about it at all. But it involves piggy-backing on a theme that has been finding voice on conservative talk radio, and concerns an unfair and dishonest theme being pushed by liberal talk television and certain media pundits. That means that whatever I write will immediately be taken, by those who view the world in narrow ideological terms, as a declaration of alliance when it has nothing to do with politics at all. It has to do with unethical journalism, sloppy reasoning, and dirty politics. I resent the fact that Right Wing radio is so frequently uncivil and unfair  that it sullies every legitimate observation and position that it takes. I resent the fact that so much of the public decides what they believe, not by the quality of the ideas in question, but by the identity of who advocates them. Communication is hard enough without bias serving as a perpetual hurdle to comprehension.

Oh, well….

The effort by certain commentators, TV hosts (notably MSNBC’s troika of Rachel Maddow, Chris Matthews and Keith Olbermann), liberal columnists and Democratic Party flacks to stereotype the Tea Party movement as a thinly-veiled racist protest is despicable, unsupportable, dishonest and unfair.  It is also insulting to Americans generally. And yes, I resent that too. Continue reading →

The Duties of Citizenship, Ethics, and the Happy Rape Victim

/ Jack Marshall / 9 Comments

A few months ago,  Washingtonian Magazine printed the harrowing memoir of Amanda Pagliarini, a woman who as a teenager was raped by some friends of her boyfriend as he looked on and did nothing. Entitled “How Could He Just Stand There?” the article recounts how she first came to be involved with “Juan,” how the rape affected her life, and remarkably, how she came to talk with her ex-boyfriend about the tragedy and his role in it years later. One of his revelations was that the gang that raped her also had done the same to other girls.

Her article concludes with this: Continue reading →

Trust, Redemption, and Bank-robbing Lawyers

/ Jack Marshall / 3 Comments

The story of Shon Hopwood is certainly an inspiring one…so far. While serving more than a decade in federal prison for a series of armed robberies, his time in the prison law library turned him into an expert in case law, and he pulled off a rare feat: a petition for certiori he prepared on behalf of a fellow prisoner successfully persuaded the U.S. Supreme Court to review the case. Now Hopwood is out of prison, and is turning his life around. He has been working as a paralegal, he now has a family, and at 34, he plans to apply to law school.

It is likely that a law school will admit him, but not at all certain that any state bar would give him a license. Can a former bank robber pass the profession’s character requirement? Should he, no matter how good he is at writing Supreme Court briefs? Continue reading →