abuse of power

Abuse of Power in the Schools, Part 2: “Beat the Jew”

/ Jack Marshall / 5 Comments

Seven seniors at a high school at a La Quinta, California high school have been suspended for three to five days, causing some of them to miss graduation, because they participated in a role-playing game, organized on Facebook, after school during their own personal time. The school administrators found the game objectionable, which you will be able to understand. But nobody was hurt, and no laws were broken.

That is all we really need to know. That the seniors were disciplined by the school for an activity completely unrelated to school is a pure abuse of power. This is an outrageous extension of school and government authority into the private lives of the students involved. It should not matter what the game was…not to the school. The governments of La Quinta, California and the United States couldn’t outlaw the game, nor could they forbid citizens to play it, not could they punish citizens that did.

Now, because you may be  curious, here’s a description of the game. Continue reading →

Ethics Dunce: This Guy at a Mets Game

/ Jack Marshall / 6 Comments

In this video, a grown man reaches over and intercepts a tossed baseball obviously intended to reach a specific little boy with a glove in an inning-ending gesture by New York Mets third baseman David Wright. The fan snags the ball just as it was about to land in the shocked kid’s glove, and then hands it to his own child.

There are rumors, unconfirmed, that after being berated by surrounding fans, he returned the ball. It doesn’t matter if he did or not: doing the right thing after you have been caught, shamed and threatened is not an ethical act, just a pragmatic one. The deficiency of values displayed by the act of taking a baseball from the child, and the stunning lack of kindness, empathy and fairness it shows, would be sufficient to dissuade me from hiring such an individual for a job, allowing him to marry my daughter, or associating with him socially. I think he should have been thrown out of the park.

Many ethical decisions require thought and reflection. Deciding that it’s wrong for an adult to take a gift from a child is not one of them.

Ethics Pop Quiz: “What’s Unethical About Auctioning Intern Positions?”

/ Jack Marshall / 6 Comments

Are you ready to exercise those ethics brain cells?

The News Alert blog is reporting that the Huffington Post auctioned off an intern position for $9000, and another  internship —three weeks of it with Richard Branson, founder of Virgin Atlantic Airways, and three weeks with hip-hop entrepreneur Russell Simmons — was auctioned off for $85,000, to benefit Simmons’s charity, Rush Philanthropic.

Question: Is there anything unethical about this, and if so, what?

[Play the “Final Jeopardy Theme” while you think this over…] Continue reading →

Ethics Dunces: ABC’s “This Week” Sunday Roundtable

/ Jack Marshall / 2 Comments

Take note, young medical students: this is the horror of Beltway Blindness.

For the second consecutive Sunday, the politically-diverse group of pundits who make up the “roundtable” on ABC’s “This Week” pooh-poohed the Sestak scandal, noting that this is politics, everybody does it, everybody has always done it, and Republicans are foolish to try to make an issue out of old-fashioned horse trading. This is the cynicism and ethics rot that working in and around politicians will breed.

Consider: Continue reading →

Bully Pulpit Ethics: Obama’s Alarming Flat Learning Curve

/ Jack Marshall / 7 Comments

This can no longer be called a rookie mistake, like the Prof. Gates arrest affair. President Obama has now had plenty of time to absorb the fact that the President does not have a blank check to insert himself into every local controversy and use his office to sway public opinion and the conduct of others regarding matters outside his responsibilities. Still, he continues to do it.

It may seem trivial at first: the President gave an interview on TNT in which he pointedly suggested that NBA superstar LeBron James consider the Chicago Bulls as he faces free agency.  Continue reading →

Next: Paramilitary “Jolly Rancher” Raids?

/ Jack Marshall / 1 Comment

“No tolerance policy” is clearly a misnomer: what it appears to mean in practice is “self-designed trap to expose the incompetence and lack of basic fairness of school personnel. According to that definition, “no tolerance” polices are working extremely well.

For example, an Orchard, Texas third-grader at Brazos Elementary was given a week’s detention for first-degree possession a Jolly Rancher. The school’s principal and superintendent said they were simply complying with a state law that limits junk food in schools. The miscreant, Leighann Adair, 10, was eating lunch  when a teacher saw the candy and confiscated it. Her punishment is that she must be separated from other students during lunch and recess for the rest of the week. Continue reading →

A Blogger Asks: “Why Can’t I Date My Professor After the Grades Are In?”

/ Jack Marshall / 40 Comments

Some times you have to look a little more closely to discover the underlying ethics issue.

A blog called “Dating Glory” puzzles:

“I understand that it’s not a good idea to form relationships with professors while still in the class (favoritism, etc.). But why is it such a big deal when a prof becomes involved with a student who will never be his student again? Especially if they are both single and in and around the same age? Why would this jeopardize a professors job? I like my professor (used to be professor ) a lot, and I get the feeling he likes me. He spends a lot of time talking with me in his office and he often looks at me in ways that makes me think he does like me. I want to ask him for coffee but haven’t because I’ve heard this might jeopardize his job. I don’t mind as much that he might turn me down since I’m no longer his student. But what’s the big deal anyway? Why can’t we be free to date if we both want to? Lawyers date their clients all the time.” Continue reading →

No More Presumption of Good Will For Unethical Prosecutors

/ Jack Marshall / Leave a comment

The horrible Duke lacrosse team rape prosecution in 2006 had one very bright silver lining. It finally forced the majority of Americans to accept that prosecutors are as capable of being unethical  as any other attorney, and that because their misdeeds carry the extra weight of government power, prosecutorial misconduct must be exposed and condemned.

Thus it is a relief that the recent blatant abuse of power by Commonwealth of Virginia Attorney Martha Garst is being roundly attacked. Continue reading →

Obama’s Coal Mine Tragedy Verdict=Abuse of Power

/ Jack Marshall / 5 Comments

There are two disturbing implications of President Obama’s premature condemnation of  Massey Energy for the recent tragedy at its Upper Big Branch mine in West Virginia, where an explosion killed 29 miners on April 5. The first is that the President appears to have a flat learning curve, as this repeats his error in the Professor Gates fiasco in Cambridge, Mass, in which Obama condemned the conduct of a Cambridge police officer without getting all the facts. The second is that for a former law professor, Obama has a rather loose grasp on the concept of Due Process. Continue reading →

Ethics Dunce: Judge Darrell Russell

/ Jack Marshall / 6 Comments

Domestic abuse is a crime, a social malady and a sickness, one that frequently afflicts both the batterer and the victim. It is an especially infuriating crime to prosecute, because the couple drawn together in an abusive relationship often form bonds that even the threat of injury and death won’t loosen sufficiently to allow one party to testify against the other. Thus domestic abuse goes unpunished more often than not, and some prosecutors have decided that in the interest of society, these cases need to be prosecuted whether the beating victim likes it or not. They are correct. Violence and battery are crimes against the state, not just one individual. There is not much a prosecutor can do, however, when the judge is an Ethics Dunce, prepared to go the extra mile to free a loving couple for future mayhem. This brings us to the case of Baltimore Judge Darrell Russell,who recently charted new waters in judicial abuse of power, arrogance, incompetence, and irresponsibility. Continue reading →