Workplace

Police Misconduct, Professional Courtesy, and the Insideous Virtue of Loyalty

/ Jack Marshall / 16 Comments
"No, I still have your back...I'm just going to have to give you a speeding ticket, that's all!"

“No, I still have your back…I’m just going to have to give you a speeding ticket, that’s all!”

In 2011, Florida Highway Patrol Trooper Donna Jane Watts pulled over—after a brief chase– an off-duty Miami police officer whose vehicle she clocked at over 120 mph. Lead-footed officer Fausto Lopez explained to Watts that he was late for an off-duty job. The tradition among police, as in other professions (like the law and politics), is to extend “professional courtesy” in such situations, or as I call it, unwarranted privilege and corruption.

 Watts, however, arrested Lopez, who had a history of reckless driving, and he was eventually fired. Continue reading →

Is There An “Almost Naked Lovely Lawyer Principle”?

/ Jack Marshall / 7 Comments

cathy-mccarthy

Not really.

But it’s complicated.

Cathy McCarthy (above) is a 2013 graduate of Loyola Law School-Los Angeles, and she is sounding the clarion call for the right of bikini model-lawyers to be taken seriously. She wrote…

I graduated law school a year ago after receiving an academic scholarship and passed the California Bar last November on my first try. I am also a model and have had moderate success, building fan base of over 26,000 people where I do mostly bikini promotions. Does this make me better or worse at my job? According to some people, it makes me unable to be taken “seriously” in the business community. In fact, two weeks ago, I was reprimanded by a coworker for my online presence and was told to “handle the situation.”I fought back and was ultimately let off the hook, but this is not the first time that I have faced backlash from colleagues who think that a lawyer should not also get the privilege of “looking hot in a bikini.”

Unlike the case with primary and secondary school teachers, where a published presence on the web that is sexually provocative can interfere with a healthy student-teacher relationship, there is no automatic impediment to a lawyer client relationship posed by the lawyer moonlighting as a bikini model, a fold-out, or even a porn star. The profession acknowledges this in several legal ethics opinions affirming lawyers’ First Amendment rights. Lawyers can express themselves any way they choose, provided that it does not undermine their ability to represent their clients in any way. Continue reading →

Ethics Dunce: Chris Blasko (Whoever He Is)

/ Jack Marshall / 42 Comments
Chris's photo goes in the lower right...

Chris’s photo goes in the lower right…

A Chris Blasko proudly posts the following on Google Plus:

Today is a good day. I just had a call from a telemarketer. Did I yell and scream at them, you ask? Certainly not. Like a good IT administrator I put my skills to use for their benefit. Here’s how the conversation went:

Computer: “Press 9 to not be contacted in the future. Press 4 to speak to someone about your mortgage issues”
<presses 4>
TM: “Hello, are you having problems paying your mortgage?”
Me: “Hi, this is the IT department. We intercepted your call as we detected a problem with you phone and need to fix it.”
TM: “Oh… ok, well what do we need to do?”
Me: “We’re going to need to fix the settings by pressing 4-6-8 and * at the same time”
TM: “Ok, nothing happened.”
<alright, so he’s not using a Polycom>
Me: “Are you using the new Polycom phones that we deployed?”
TM: “No, it’s a Yealink”
Me: “Ok, I see. You haven’t had the new Polycom phone deployed to your desk yet. Let me check our technical documentations for the Yealink.”
<did a quick Google search, “yealink phone factory reset”>
Me: “Alright, do you see an “OK” button on your phone?”
TM: “Yes I do”
Me: “Alright, you’re going to press and hold that button for 10 seconds.”
TM: “OK, pressing it now”
Me: “Perfect, let me know if you get a password request”
TM: “OK, nothing has popped up ye-—“
<click>

That’s right. I made a telemarketer unwittingly factory reset his phone which means he will be unable to make anymore calls until someone is able to reconfigure his phone and that will take at least an hour or longer if they can’t do it right away!

I’m sure all of Chris’s fans think this is just the coolest thing in the world, but it’s really not. It’s just gratuitously mean. His victim’s employer is actually pretty ethical, since Chris could have pushed 9 to end the call and not be bothered in the future. Instead, he decided to make life miserable for some poor minimum wage earner in one of the most boring jobs on earth, who is probably trying to eke out a living and support his family during tough economic times. Continue reading →

Tony Stewart, the Suspicious Death of Kevin Ward Jr and NASCAR’s Bizarro World Ethics

/ Jack Marshall / 45 Comments
If a real Columbo was on his case, Tony Stewart might be in trouble.

If a real Columbo was on his case, Tony Stewart might be in trouble.

The word “ethics” and NASCAR should never be uttered in the same sentence without irony. After all, the sport arose out of the exploits of outlaw bootleggers. The current billion dollar sport’s culture regards cheating as “breaking rules and getting caught doing it.” The fact that the team manager of one of the sport’s biggest stars would see no reason for his meal-ticket not to compete today just because he was being investigated for what might have been a mid-race homicide yesterday shouldn’t shock anyone.

In case you missed it Saturday (I did, having a visceral aversion to NASCAR stronger than my dislike of nightcrawlers), NASCAR superstar Tony Stewart drove his car into twenty-year-old driver Kevin Ward Jr., killing him, during a dirt-track race at Canandaigua Motorsports Park  in upstate New York. Ward’s car and Stewart’s car had swiped each other during the race, disabling Ward’s vehicle. Ward left his car and was walking on a track with the caution flag out, waving his arms and pointing at Stewart. One car swerved to avoid Ward, but Stewart’s hit him, injuring him fatally. Until the media and public began to register its objections, Stewart was preparing to race today as if nothing had happened. As recently as this morning, Stewart team manager Greg Zipadelli called it “business as usual.”

It’s business as usual in a culture where a participant who just killed someone in public under suspicious circumstances sees no reason to show, or even fake, any remorse or contrition whatsoever. Here’s the latest entry on Tony Stewart’s website, at least as I write this:

“Thanks to everyone who participated in this week’s edition of “Tony Trivia.” This week’s answer: There’s no track on the circuit where Tony Stewart is more dominant than at Watkins Glen International.”

[UPDATE: At 1:pm Sunday, Stewart finally posted the statement about the accident that is now up on the site. Note that he says nothing about his part in the accident at all. It could be about any NASCAR accident, anywhere.]

Call me a silly sentimentalist, but if I ran down another racer and killed him, I would make certain that a public statement expressing sorrow and regret at the incident would be up on my “official website” before the first ESPN headline was written about the incident. Meanwhile, why would NASCAR allow a racer to compete after an incident like this? Oh, that’s right: because the only ethics in NASCAR involve making money, protecting its stars, winning races, and keeping the fans entertained. After all, having Stewart race today would be a great story. Will he kill again? Will any driver have the guts to point at him this time?

Yes, it’s Bizarro World ethics again, another culture with inverted values like the fictional cube planet in Superman comics, where idiotic clones of Superman and Lois Lane think, live and speak illogically. Continue reading →

Woody Allen, James Shigata, And Diversity Casting Ethics

/ Jack Marshall / 3 Comments
You have no idea who this is, do you? Well, it shouldn't have turned out that way...

You have no idea who this is, do you? Well, it shouldn’t have turned out that way…

I’m sure you heard about James Garner’s recent death, but were you aware of James Shigata’s passing? Shigata, who died July 28 at the age of 85, was a contemporary of Garner’s, a superb actor, and like Garner, a leading man with leading man looks. James Shigata, however, was of Asian descent, though American through and through, and never escaped the perceived limitations of the shape of his eyes. Though he had a starring role in the hit film adaption of  the Rodgers and Hammerstein musical “Flower Drum Song” and routinely received critical acclaim for all of his film work, but though he got roles on television through the ’80s, he never was able to break through the typecasting straightjacket that deemed him only suitable for “Asian” roles. If you remember him as all, it is probably as the brave Japanese executive shot by Allan Rickman in “Die Hard.”

I thought about Shigata when I read a piece in Salon, noting that director Woody Allen didn’t cast African-Americans in his movies, and that his explanation why didn’t justify the neglect. Prachi Gupta writes, Continue reading →

Ethics Dunce….And Hoping That A Jury Lets Everyone Know How BIG A Dunce: Heritage Park Care Center in Carbondale, Colorado.

/ Jack Marshall / 14 Comments

hostage-negotiationA typical set up for “Scare Tactics”—the unethical hidden camera cable show that terrifies its victims for laughs  by placing them in fake but real-appearing horror movie or action movie scenarios—would be to stage an armed hostage situation that everyone but the butt of the joke knows is a sham. I keep waiting for one of the hapless innocents in these vicious stunts who think they are about to die to pull out a concealed weapon and blast an actor or five to oblivion. That might teach the producers that creating fake life and death situations for any reason is cruel, irresponsible, and stupid.

In the alternative, a victim could just sue the pants off the producers and the production company; that would work too. If there is any justice, that is what will happen to the Heritage Park Care Center in Carbondale, Colorado for  getting local police to pretend to play armed thugs taking over the facility and threatening the employees…in a drill that none of them knew was a drill.

Former employee Michelle Meeker has filed a lawsuit in U.S. District Court in Denver alleging that  an armed man confronted her last October at the  Center as  Meeker, a registered nurse, was tending to one of her long-term patients.  Another employee told her to investigate  a suspicious man sitting in the Center’s day room. When she did, the man then showed her a handgun he had in his waistband and ordered her into an another room. He told her in hushed tones that he was really a police officer, but Meeker, quite reasonably, was unsure that he was telling her the truth. Hysterical, she pleaded for her life.

At least she didn’t pull out a concealed but licensed Glock and blow him away.

Robert Baker, the executive director of the Center and one of the named defendants, explained that the facility routinely conducts safety, fire, and natural disaster drills for its residents. “Unfortunately, the training exercise alarmed some at our facility,” Baker said.

Yeah, imagine that. Continue reading →

CNN Presents The Carol Costello Rule: If A Network Issues One Unethical Suspension Of An Innocent Employee Based On Deranged Political Correctness, It Is Obligated To Issue Another

/ Jack Marshall / 5 Comments
Smug, dishonest, unprofessional, illogical, unfair, biased, unethical: "THIS is CNN."

Smug, dishonest, unprofessional, illogical, unfair, biased, unethical: “THIS is CNN.”

I just have to stop watching CNN is the morning, because it places everyone in my house at risk for head shrapnel.

The main danger is the smug, biased, ethically-jumbled Carol Costello, CNN’s late morning anchor after the New York governor’s telegenic brother has finished indoctrinating us into his view of the world. Today, Costello was taking a victory lap, implying that she helped get Stephen A. Smith suspended by ESPN for daring to suggest that women bear some responsibility for avoiding placing themselves within range of an abuser’s fists. (Interestingly, Costello had no similar directives for ABC, which quietly allowed Whoopie Goldberg to make the same (valid) point on “The View” with no adverse actions whatsoever. See, a woman is allowed to state some uncomfortable truths, but the same truth in the mouth of a man is offensive. Learn the rules, for heaven’s sake!) Then Costello played a clip of her earlier argument why ESPN was wrong not to suspend Smith. She said …

“It’s nice that Smith apologized, but I wonder if the network will do what it ought to do and suspend Smith. Look, in 2012, the management of ESPN expressed outrage when two employees used the phrase “a chink in the armor” when referencing  Jeremy Linn, the Asian Basketball player. One employee was suspended for 30 days and the other was fired. So why is ESPN giving Smith a pass?”

Continue reading →

Ethics Dunce: ESPN

/ Jack Marshall / 23 Comments
"That will teach you to fudge the truth, Smith. Remember, you're a journalist!"

“That will teach you to remember to fudge the truth, Smith. Remember, you’re a journalist!”

Item: ESPN suspends Stephen A. Smith. Why? In response to the uproar over the NFL’s suspension of domestic abuser Ray Rice only two games for punching a woman’s lights out—the love of his life!—Smith uttered the blasphemy that some victims of domestic abuse share responsibility for their plight. Of course, he is 100% correct, and this something that many women must hear, learn, and act upon, or perhaps die. The proof: the precise case that prompted Smith’s comments! Janay Palmer, Rice’s punching bag, refused to file a complaint against him, and married the bastard a couple of months after he hauled her unconscious body out of a hotel elevator like a sack of potatoes, caught on camera.

If (I would say “when”) she gets clocked again, is she partially responsible? Absolutely. I also think she’s responsible in part for the injuries of every abused woman who follows her high-profile, irresponsible, violence-provoking (I use that unfortunately inexact word as Smith used it) example.

Smith’s suspension—for a week, almost as long as Rice— to mollify the feminist apologists for their violence enabling sisters, is craven and wrong.

________________________

Facts: ESPN

Unethical Quote of the Week: Rep. Elijah Cummings

/ Jack Marshall / 13 Comments

“Mr. Chairman…This has been very interesting because one member on your side, the gentleman, I don’t know his name, said that the man was under investigation…”

—-Rep. Elijah Cummings (D-Md), ranking Democrat on theHouse Oversight and Government Reform Committee  revealing that he hasn’t bothered to learn the names of his own committee’s members.

The House Oversight and Government Reform Committee, through the eyes of Rep. Cummings.

The House Oversight and Government Reform Committee, through the eyes of Rep. Cummings.

The dysfunction in Washington, D.C., and particularly in Congress, could not have a better or more discouraging  illustration than this. You can argue that not knowing the names of your colleagues is no big deal, but it is. It is proof of a lack of interest in cooperation and collegial relations. It is evidence of the absence of basic civility and respect. It demonstrates that Cummings is not interested in contributing to the mission and objectives of the committee, but rather obstructing them.

Continue reading →

Great, Now Magneto Wants To Wipe Out Professional Theater…

/ Jack Marshall / 25 Comments

Magneto McKellen

Maybe he should run for Vice-President on a ticket with Elizabeth Warren.

Quoth revered British actor Ian McKellen, Magneto (and Gandalf ) in the flesh:

“The one thing you can ask, I think, is that actors get paid a living wage. I would like it if all the repertory theaters that currently exist could do that. It would make a huge difference.”

It sure would. It would put most small professional theaters out of business, make theater unaffordable for any but rich theater-lovers, and eliminate a huge number of acting jobs. It is an idiotic, ignorant, irresponsible, but very, very nice, liberal, compassionate, well-intentioned and Elizabeth Warrenish suggestion that willfully ignores reality and basic economics—in other words, it is consistent with progressive mythology. We owe the Magster a debt of gratitude for illustrating exactly what is wrong with blanket endorsements of minimum wage increases and “living wages.” Continue reading →