Workplace

The American Bar Association Has Lost Faith In Professionalism, It Seems.

/ Jack Marshall / 12 Comments

For as long as I can remember, lawyers took pride in that fact that they could pound away at each other in the court room, shout, sneer, mock and beat an adversary into a metaphorical pulp, and put it all aside the second the case was finished. The idea that being friends, even close friends, with an opposing advocate compromised a lawyer’s determination and willingness to fight for his or her client was an anathema to the whole concept of professionalism. During the Civil War, West Point classmates on opposite sides sometimes met before a battle, shared a whisky, old memories and a few tears, and the next day did their best to kill each other. That mindset was analogous to how I was taught lawyers were supposed to behave, and, indeed, did.

Now the American Bar Association has apparently decided that it was all a myth. In  Formal Opinion 494, “Conflicts Arising Out of a Lawyer’s Personal Relationship with Opposing Counsel,” the ABA expresses doubts that many lawyers are up to the task.

“A personal interest conflict may arise out of a lawyer’s relationship with opposing counsel, the ABA now says. “Lawyers must examine the nature of the relationship to determine if it creates a …conflict and, if so, whether the lawyer reasonably believes the lawyer will be able to provide competent and diligent representation to each affected client who must then give informed consent, confirmed in writing.”

The opinion breaks possible personal relationships into three categories:

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My Mentor, My Friend: David J. McCarthy, 1935-2020

/ Jack Marshall / 14 Comments

Dave McCarthy

I have many things I want to write about, but this is something I have to write about.

I learned recently that my friend, mentor, teacher and my first boss David J. McCarthy, Jr. died on October 1, at the age of 84.  The key word here is probably mentor, but I’m not certain I have the perfect word for David. What do you call the person who probably did as much to influence the course of your life, all positively, than anyone else other than your parents? That was him. I know: I understand the real meaning of “The Road Not Taken.” It’s possible, even likely, that I would have ended up in the same place, or close to it, without someone pointing me to a path I had never considered at a point when I was desperately looking for options. But if a butterfly flapping its wings in the Amazon can cause a hurricane in Milwaukee, David McCarthy was the pterodactyl flapping his wings who changed, literally, everything in my life.

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Theoretically Tuesday Ethics Nightcap, 10/6/2020 (All Right, Both Of These Should Be Individual Posts): The Impending Wauwatosa Riots And Reflections On The Distinction Between Racism And Being Treated As A Minority

/ Jack Marshall / 54 Comments

Back to the Future

Why “theoretically”? This post was almost finished at about 6:15 pm yesterday. Then I heard a scream from my wife: Spuds, our delightful rescue dog of a month’s duration as a Marshall had somehow shed his lead and dashed off in the direction of the field behind the school near our house. I had to fumble for my shoes (I’m barefoot most of the day—keeps the gout away!) and a sweater, pause for a brief, clearly unfair “how could you let this happen?” exchange with Grace (that I paid for later,) and went running in the direction of my wife’s “He went thataway!” finger. The odds were high where Spuds would be. Of late he has frequently joined a small group of delightful dogs (there’s Snow, Star, Minnie, Hunter, and other occasional drop-ins) and their owners for a sundown romp. He was not scheduled for a playdate, but had decided, I assumed, to schedule one himself. Sure enough, there he was, wrestling with Snow the Samoyed. It only took me about twenty minutes to collar him: he knew he was in trouble.

After that adventure, I was beset by one vicissitude of life (my Dad’s phrase) after another, and never got back to the office….until now, at around 4:30 am Wednesday morning. Spuds woke me by rolling over onto my face, and I decided to finally get this post up.

1. Oh great: here comes another one. Wauwatosa, Wisconsin police reported that a 17-year-old fired a gun before he was fatally shot by a police officer in a Mall parking lot in February. There is no question that the shooting victim, Alvin Cole, had a 9 mm semiautomatic handgun and ammunition on his person when he was shot; they were recovered at the scene. The gun had been stolen. Police were summoned after a disturbance was reported inside the mall; Cole ran from police and according to the police report, fired first. Officer Joseph Mensah fired five shots at Cole, police said, killing him.

Tomorrow, that is, on the October seventh, the DA is  supposed to hand down the decision of whether to indict Mensah. Fortunately, Mensah is black, so the racist cop trope is a bit harder to maintain that in other recent incidents. But now, thanks to so much of the culture swallowing whole the false litany of Black Lives Matter,  the assumption is that any time a black man, and especially a teen, is shot in a confrontation with police, it’s an example police brutality. If Mensah was white, I assume the riots would have started already. The city is preemptively closing the schools and City Hall among other pre-riot measures. Once again, Facts Don’t Matter.

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Yes, Fire This Teacher, Make Sure He Never Teaches Again, But That’s Just The Beginning…

/ Jack Marshall / 22 Comments

Stanton

Tacoma, Washington sixth grade technology teacher Brendan Stanton needs to be fired, but that’s only the beginning. His conduct needs to be widely publicized, and the consensus needs to emerge that the kind of conduct he engaged in…

1. Is unacceptable.

2. Is abusive

3. Is indoctrination rather than education

4. Is all too frequently allowed, enabled, and even surreptitiously encouraged in the educational system

5. Must stop.

Those who are inclined to defend Stanton should also be flushed out, condemned and declared to be what they are, and what they are is not reasonably disputable. They are deliberate enemies of American values and democracy. They should have a metaphorical red E, not on their chests, but their foreheads.

Now that all of that is out of the way, and I’ve had a stiff drink, here’s what Stanton did.

Each day, Stanton asks his remote learning students at Perry G. Keithley Middle School students a daily question, requiring students to write their answers in the online chatroom. According to a screenshot, one boy  wrote:

“I admire Donald J. Trump because he is making America great again. And because he is the best president the United States of America could ever, ever have. And he built the wall so terrorists couldn’t come into in the U.S. Trump is the best person in the world. And that’s why I admire him.”

Can’t have American students professing admiration of the President of the United States now, noy when a virtuous and woke teacher runs the class! Stanton kicked the vile child t out of the chatroom, deleted what he wrote lest it corrupt others whose brains and opinions he was assiduously molding to his personal specifications, and proceeded to attack the President and the student.

Incidentally, according to Gallup’s annual poll, President Trump tied with Barack Obama in 2019 as the most admired man in America. Parenthetically, he wouldn’t make my top hundred (neither would Obama).

“The example that was shared in the chat, which I went ahead and erased for us, was not appropriate right?” Stanton told his class. Especially as that individual has created so much division and hatred between people and specifically spoken hatred to many different individuals, ok? Again, that individual has spoken hate to many individuals and I don’t think is an appropriate example for a role model that we should be admiring.”

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Notes From The Great Stupid: “I’m an Asian TV Writer. Should I Take on Projects With Black Leads?”

/ Jack Marshall / 9 Comments

As you may have guessed, that a question posed recently to Kwame Anthony Appiah, “The Ethicist” of the New York Times Magazine. Unlike most of the queries to that column that I periodically discuss here, I don’t think the question is difficult, challenging, or even interesting. What is interesting is that anyone would ask it, and further, that someone like Appiah would deem it worthy of spending over 800 words treating a question as a genuine ethics conundrum that is, in my view, merely evidence of brain seepage provoked by George Floyd Freakout propaganda.

The whole question was,

I’m an Asian television writer who has been extremely lucky in working fairly consistently since my first gig. I’m now in a position where people reach out to me to develop new projects. When these projects feature a Black lead character, is it ethical for me to pursue these opportunities?

As an Asian (and a woman), I’ve definitely experienced my fair share of racism and discrimination, and I can write authentically about that experience. But I’m “just” Asian, and I may be taking a job from a Black writer. Or because it is Hollywood, it’s more likely I’d be taking the job from a mediocre white dude, which, ethically, I feel just fine about. If any of these projects got off the ground, I’d be able to create a lot of opportunities for other BIPOCs, but again, it’s Hollywood, so who knows how likely it is the project would ever get to that stage.

The question is: Where do I, as an Asian, fall in this movement? I don’t want to be a tool of white supremacy, but visibility is important for my community too. Name Withheld

I admit that I have little patience for ethics navel-gazing when the answer to such question should be obvious, and thus the response to “Name Withheld” should begin with, “What the hell is the matter with you?” To his credit, “The Ethicist” gets this one right, but man does it take him a long time, apparently because he doesn’t want to seem unsympathetic to flagrant virtue signaling by Name—I wonder if that’s a common Asian moniker…

I would be tempted to respond,

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Shocked—SHOCKED!— That Feminists Are Being Hypocritical In Their Criticism Of Amy Coney Barrett

/ Jack Marshall / 21 Comments

The Evil HR Lady flagged the latest example of flagrant hypocrisy from progressive women in this politics drenched year, the worst being the sudden disappearance of any concern about sexual harassment with President trump being opposed by a serial practitioner even if you don’t believe the former staffer who has “credibly” accused him of finger-rape. You will recall similar criticism launched at Sarah Palin.

Here’s feminist writer Vanessa Grigoriadis:

I guess one of the things I don’t understand about Amy Comey Barrett is how a potential Supreme Court justice can also be a loving, present mom to seven kids? Is this like the Kardashians stuffing nannies in the closet and pretending they’ve drawn their own baths for their kids…And if there aren’t enough hours in the day for her to work and mother those kids, when she portrays herself as a home-centered Catholic who puts family over career, isn’t she telling a lie?

Fellow feminist and progressive writer Meaghan Daum replies on Twitter

I wonder this, too. It may be sexist to ask the question, but childcare arrangements are usually inherently sexist. Is Barrett’s husband the primary caregiver? He’s a partner in a law firm. Are the older kids raising the younger kids, one of whom has special needs?…The problem is, it’s a setup. Because if people start asking about that, she and/or her supporters will say “would you ask this of a man, even a man whose wife has a big career outside the home?” Well, probably not. But just because it’s unfair doesn’t mean it’s not worth asking.

They get away with this convenient bigotry because they are women and their target is a conservative. No male could make such criticisms, and if any conservative dared to question Democrat-nominated female judge with such observations, the long knives would be out and sharpened.

Rachel Malehorn on the always excellent human resources blog is having none of it, writing,

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From The Ethics Alarms Archives: “The Forgotten Meaning of Labor Day”

/ Jack Marshall / 10 Comments

The 1894 Pullman strike

It may be hard for Americans to get inspired to celebrate Labor Day for what it is supposed to honor, especially with teachers unions working to keep America locked down and students barely educated in pursuit of a partisan political agenda, and pro athlete unions bullying sports leagues into ruining their product by turning them into political propaganda vehicles, and the postal workers union partisan bias eroding trust in the upcoming election. Nonetheless, there is a good reason to celebrate Labor Day.

This Ethics Alarms post from 2012 explains what that reason is.

Labor Day commemorates one of the great ethical victories of American society, and not one in a hundred Americans know it. Labor Day marks the end of summer, and a time for retail store sales, and the last chance to get away to Disney World, but few of us think about the real meaning of the word “labor” in the name, and how it is meant to honor brave, dedicated men and women who fought, sometimes literally, the forces of greed, political influence, wealth and privilege in this country to ensure a measure of safety, consideration, fairness and justice for the hardest working among us.

Today labor unions are controversial, and with good reason. Many of them have been run as criminal enterprises, with deep connections to organized crime; many operate in a blatantly coercive and undemocratic fashion. Union demands and strong-arm tactics, while providing security and good wages to members, have crippled some American industries, and limited jobs as well. Today the unions  get publicity when one of them tries to protect a member who should be punished, as when the baseball players’ union fights suspensions for player insubordination or even drug use, or when school districts are afraid to fire incompetent teachers because of union power, or when the members of public unions protest cutbacks in benefits that their private sector counterparts would be grateful for. It is true that today’s unions often embody longshoreman philosopher Eric Hoffer’s observation that  “Every great cause begins as a movement, degenerates into a business and ends up as a racket.” *

That not what Labor Day honors, however. It is celebrating the original labor movement that began at the end of the 19th century, and that eventually rescued the United States from an industrial and manufacturing system that was cruel, exploitive, deadly and feudal. Why the elementary schools teach nothing about this inspiring and important movement, I do not know. I suspect that the story of the American labor movement was deemed politically dangerous to teach during the various Red Scares, and fell out of the curriculum, never to return. Whatever the reason, it is disgraceful, for the achievements of the labor movement are every bit as important and inspiring as those of the civil rights movement and the achievements of our armed forces in the protection of liberty abroad. Continue reading →

I’ll Try To Stop This From Being A Rant, But I’m Not Promising Anything…[Corrected]

/ Jack Marshall / 39 Comments

When The Great Stupid starts affecting my enjoyment of baseball, it’s personal.

I’m not watching another baseball game this “season,” and whether I ever do again is up for grabs. Someone in Major League Baseball’s marketing department should take notice, because when the game loses people like me—that is, lifetime, sophisticated, passionate fans, it’s in trouble.  For almost 15 years, I never missed a single Boston Red Sox game.  I’ve watched games in 13 different parks and stadiums; I shared a season ticket to the Baltimore Orioles for several years. I managed hundreds of Strat-O-Matic table top baseball games; along with two friends, I created and marketed a Red Sox trivia game in 1986. In 1978, I risked my job at Georgetown by walking out of a mandated staff meeting because the Red Sox-Yankee single game play-off was about to start, and  I wasn’t about to miss it.

I just gave a Smithsonian Associates program on baseball. Most of all, much of my personal philosophy was built on baseball observations and experiences. Fenway Park is the single place on earth where I am entirely happy, and I choke up every time Robert Redford gives his “God, I love baseball” speech in “The Natural.”

This week, however, baseball players refused to play their games in solidarity with an obnoxious NBA protest. I take it as a personal insult, and the fact that MLB took no action against the players as signature significance. These people are not merely unethical fools, but unethical fools who are smug and arrogant about it.

I will not waste my valuable time and fragile emotions rooting for such people. I have more self-respect than that.

This week’s madness..CUE!!!!

…began with the NBA’s players spontaneously deciding to boycott their games. Again, the supine league decided to let them do it, making vague virtue-signalling noises about how they support the players’ activism in pursuit of “social justice.” Well, let me refine that: it really began when the evil NFL, which happily makes billions encouraging players to destroy their brains, decided at the outset of the George Floyd Freakout to not only allow widespread Kaepernicking, but to encourage it. Next we had pro baseball and basketball  trying to top each other in betraying their obligations to fans of their teams and sport by endorsing not just political messages embraced by players and exhibited in the stadiums, but offensive or infuriatingly meaningless ones. Continue reading →

Sunday Ethics Warm-Up, 8/23/2020, As If Anyone Needs To be Warmed Up Today…

/ Jack Marshall / 18 Comments

Hot enough for ya?

1. False narrative, bad analogy. The popular media narrative is that President Trump is in a similar position to George H.W. Bush in 1988, when polls at this point showed him trailing Democratic Presidential nominee Michael Dukakis by a large margin. Conservative media had cited the comparison earlier this summer to make the simple point that being behind in the polls in July is relatively meaningless. Lately the mainstream media has been flogging the analogy in order to continue its doomsday prediction for the Trump campaign.

“Bush ’88 rally could be map for Trump ’20” is somehow deemed worthy of a front page spot in the Sunday Times. To begin with, that’s fake news of the “future news” variety. (“…or, it might not be.”) More importantly, it’s straw man: the article exists to to show that President Trump may not be able to prevail, because, you see, having begun with the false assertion that his situation is similar to Bush’s, the Times explains that the situations aren’t that similar at all. The bad analogy is created to rebut it.

In fact, the differences between the Bush challenge in 1988 and Trump’s in 2020 mostly favor the President. Bush was never a popular figure; he was distrusted by conservatives, and only was nominated because an epicly popular President, Ronald Reagan, anointed him as his approved successor. (Barack Obama, in contrast, avoided “anointing” Biden.) A strong Democratic opponent would have beaten Bush; Dukakis was weak. He was ahead in the polls when nobody outside of Massachusetts knew what  he was like. Trump has a large base of passionate supporters, something Bush never had. He is an incumbant (Bush was not), and if they run, incumbents almost always win. Bush was an awful debater; Trump has proven effective in debates. And while Dukakis was completely supported by the liberal wing of the party, Biden has critics on the hard left, among feminists (the non-hypocrite faction), and African Americans. The Democratic party of the 1980s had not spent four years trying to overturn an election. Moreover, polls are less reliable now than they were before news media bias began warping them, and Trump’s support, as the last election showed,  is especially hard to measure. Continue reading →

Proportionality And The Cancellation Of Thom Brennaman

/ Jack Marshall / 33 Comments

“Proportionality” is an ethical principle, one that has been recognized for centuries.  In the Josephson Institute’s “Six Pillars of Character,” it is included under the “pillar” of Fairness. Plato explained that he concept of ethical retributive justice must be  committed to  three principles:

  • That those who commit wrongful acts deserve to suffer a proportionate punishment;
  • That it is intrinsically morally good if a legitimate authority gives such wrongdoers the punishment they deserve; and
  • That it is morally impermissible to intentionally to punish the innocent, or to inflict disproportionately large punishments on wrongdoers.

This brings us to the case of Thom Brennaman, play-by-play broadcaster for the Cincinnati Reds and the son of retired and revered Marty Brennaman, also a veteran baseball announcer. Last night, Brennaman the Younger was caught on an open mic describing someplace as the  “one of the fag capitals of the world” after the Fox Sports Ohio feed returned from a commercial break in the top of the seventh inning in the first game of a doubleheader at Kansas City. This led the Reds to pull Brennaman off the air after the fifth inning of the second game, and the announcer was quickly suspended.

The team quickly released a statement:

Note “horrific.” That “horrific” word can be heard near the beginning of the famous song above from “Company,” lyrics by Broadway icon Stephen Sondheim (who is gay). To my knowledge, no audience members have ever walked out of a performance upon hearing it. Sondheim, now in his eighties, did recently concoct an alternate lyric for those productions that are determined to be politically correct. He’s a prudent man, I guess. I wish he hadn’t.

The word is apparently so horrific that I had to search all over the web to find out what it was. Most accounts said that the announcer used an “anti-gay slur,” and left it to readers’ imagination what was said. This is crummy, craven, virtue-signaling and incompetent journalism. If the story is about the uproar over a word, a news reporter is obligated to say what the word is. When the ESPN report only said that the word used was “horrific,” I thought it was something I had never heard before. It’s a slur, that’s all. It’s a word. Continue reading →