blame

Misleading Legal Website Headline Of The Millenium: “Above The Law”

/ Jack Marshall / 3 Comments

Here is the headline:

Wait---didn't I just hear the President say that the economic recovery was going just great? Someone tell Danielle, quick!

Wait—didn’t I just hear the President say that the economic recovery was going just great? Someone tell Danielle, quick!

“Graduate Of Elite Law School Forced To Live Off Welfare Due To Terrible State Of Job Market”

The law school is my alma mater, Georgetown Law Center; the student is a 2010 grad who subsequently passed the bar, Danielle Owens. The author of the overwrought article in Above the Law is Staci Zaretsky. Her tone made my mind flash back to “Queen for a Day.”

I don’t particularly want to poke the Lawscam hornet’s nest again, because I don’t especially enjoy having giant photos of my head placed on-line accompanied by obscenities, and I know a lot of bitter out of work lawyers with shaky interpersonal skills, huge debts, a computer and time on their hands have nothing better to do but to blame me and anyone else they can find for their plight (and yes, if I see a couple of them posting a photo like this on Facebook with the caption, “Hello, Ethics Alarms!” I am calling the police.). Nonetheless, I can’t let this pass without noting that the headline is dishonest, and Zaretsky’s commentary on Owens’ problems is exaggerated to the point of hysteria. Continue reading →

Unethical Quote of the Month: House Minority Leader Nancy Pelosi

/ Jack Marshall / 5 Comments

“I don’t think this is our responsibility, but I do think we were irresponsible going into Iraq for a variety of other reasons.”

—Rep. Nancy Pelosi, attempting to absolve her party’s government from responsibility and accountability for the catastrophe in Iraq.

It's all HIS fault, when you get right down to it...

It’s all HIS fault, when you get right down to it…

Nancy Pelosi, like her counterpart in the Senate, Harry Reid, is an ethics corrupter of the vilest sort. The problem isn’t her party, ideology, policy positions or political objectives. What makes her an ethics corrupter is that from a place of high esteem, status and presumed trustworthiness, she constantly engages in unapologetic unethical conduct, encourages unethical reasoning and violates ethical values, all as if they are the right thing to do.

This statement is typically despicable. In saying this, she is denying the long-accepted duties of government, the successive acceptance of responsibility that is essential to the continuity of a democratically elected state, and the essence of leadership, thus misinforming the public and making them less civically competent, if that is possible.

When a future administration allows the economy to collapse because it also refuses to make the hard and responsible choices necessary to keep the nation’s debt from suffocating us but there is no more can to kick down the road, its leaders won’t be able to ethically blame Barack Obama or his predecessors. When you accept the role of leader, all problems, crises, and conditions in the nation become your responsibility, because you accepted the job. Failure is yours, not those who contributed to the conditions, seeded the crises or failed to solve the problems before, just as success is yours. Every competent, honorable, honest and fair leader understands and accepts this. President Obama and Nancy Pelosi, among others, do not. Obama always claims the successes (I’m sure there must be one or two) are his alone, and the failures are not his fault, but the fault of others. Continue reading →

Ethics Quiz: The “You Stink” Farewell Retirement Party Speech

/ Jack Marshall / 20 Comments

retirement-pocket-watch

As reported by Bloomberg and Above the Law, James Kidney, an SEC enforcement lawyer who had worked at the agency since 1986 (with a four year hiatus in the private sector) favored his retirement party with a fiery speech telling his colleagues what a lousy job they do.

The SEC has become “an agency that polices the broken windows on the street level and rarely goes to the penthouse floors,” Kidney said“On the rare occasions when enforcement does go to the penthouse, good manners are paramount. Tough enforcement, risky enforcement, is subject to extensive negotiation and weakening.”

Kidney accused SEC manager of being  focused on getting high-paying jobs after their government service rather than on bringing difficult cases. “I have had bosses, and bosses of my bosses, whose names we all know, who made little secret that they were here to punch their ticket,” Kidney said. “They mouthed serious regard for the mission of the commission, but their actions were tentative and fearful in many instances.”

He accused his soon-to-be former employers of having little interest in “afflicting the comfortable and powerful,”and condemned the agency for massaging  statistics to burnish its reputation. There was more. We only know of Kidney’s comments from notes; there was no video or formal transcript.

Your Ethics Alarms Ethics Quiz today:

Was Kidney’s farewell speech ethical?

Continue reading →

Ethics Hero: “Ludo,” Under-Employed Law Grad Blogger

/ Jack Marshall / 8 Comments

True Grit - Reminds me of me

As Rooster Cogburn (John Wayne) says of plucky Maddy Ross (Kim Darby) in the original, and best, film version of “True Grit,” Ludo “reminds me of me.”

Naturally, I admire him.

Ludo is, in his own words, ” a recent law school graduate and aspiring writer from Southern California. He is currently overeducated and underemployed, working two jobs and keeping sane only by writing down the stories of the crazy stuff happening to him.  He is currently working on his first book, a collection of stories from his days driving a taxi in Orange County….” He is beginning to get some publicity thanks to his blog, Law Grad Working Retail, which provides sometimes hilarious accounts of his current existence as an over-educated, presumed automatic admittee to America’s powerful and elite presumably thrust into life the way most of America lives it.

Do not lump Ludo with “Nando” and the other bitter, unemployed or under-employed recent law grads who have had their ire aroused by my observations about them on Ethics Alarms   (also here). He is doing exactly what he should be doing, using his unique talents to open up new opportunities while presenting himself to the world of law and elsewhere as a likely asset. As he writes in a recent post rebutting criticism of his blog… Continue reading →

The 27th Victim

/ Jack Marshall / 24 Comments

NANCY-LANZA

Somehow, before yesterday, it had escaped my notice that the various commemorative events relating to the massacre in Newtown, Conn. have intentionally omitted mention of Adam Lanza’s mother.  This week, Gov. Dannel Malloy has asked that churches across the Connecticut toll their bells 26 times, once for each victim of the massacre–each victim other than Nancy Lanza, that is. A vigil with 26 candles was attended by President Obama last December, and moments of silence at sporting events around the country often are timed to 26 seconds. Last April’s Boston Marathon was dedicated to the grieving Newtown families, with one mile of the traditional 26 mile race dedicated to each victim. There were 27 victims that day, of course: Adam Lanza’s long-suffering mother was victim #1, shot dead in her bed by the son she loved. Why doesn’t her death count? Continue reading →

Better Never Than Late: Steve Bartman’s False Exoneration

/ Jack Marshall / 12 Comments

ALCS - Detroit Tigers v Boston Red Sox - Game TwoMy mind is much on the baseball play-offs today, an unavoidable hangover from last night’s amazing and exhilerating Red Sox-Tigers game, in which Boston went from hitless, five runs down and doomed in the 6th inning to miraculously victorious in the 9th thanks to a storybook grand slam by David Ortiz (you can see the immortal end result of that mighty blow in the photo to the left). It is 10 years to the day from when another remarkable play-off game occurred, infamous in Chicago, in which a fly ball foul that wasn’t caught by Cubs outfielder Moises Alou led to a furious rally by the Florida Marlins that resulted in the hapless Cubs being denied a trip to the World Series—the team’s first since 1935— that their fans thought was in the bag. The reason Alou missed the ball, or so the legend goes, was that a clueless Cubs fan wearing earphones reached out and deflected the ball. That fan, Steve Bartman, was awarded instant villain status. It was accompanied by media attacks and death threats, and poor Bartman left the city and may well have joined the witness protection program or jumped into a volcano. Nobody has heard from him in many years.

There is an ethics lesson in what happened to Bartman: one is never truly a bystander, and you have a duty to pay attention to your surroundings and to be ready to act. If you are present, you can make a difference, and might be needed, even it it is only to get out of the way. Call it the Duty of Life Competence.

The following post, however, is not about Bartman as much as it what happened to him, and how someone who could have come to his aid waited five years—too long—to do it. It was first posted on The Ethics Scoreboard in 2008:

Continue reading →

Are Universities Ethically Obligated To Tolerate Professors Who Embarrass Them By Saying Idiotic And Offensive Things?

/ Jack Marshall / 9 Comments

Apparently the answer to the above is “Yes.”

"Duh!"

“Duh!”

If the university is a state school, then for it to fire a professor who makes ridiculous, foolish or hateful statements that make people wonder why they should ever entrust the minds of their tender charges into an institution that would knowingly hire cretins and jackasses to pollute student RNA, then this is probably a First Amendment violation, since it amounts to the government punishing speech and chilling free expression. If, on the other hand, the university involved is not a state school, then to send a professor packing because he or she has rammed his or her foot down his or her throat up to the knee is a violation of the crucial principle of academic freedom, which is, in brief, that to encourage the free discussion of ideas on a college campus, education being the purpose of the institution, literally no idea, point of view or position should be blocked or chilled by substantive negative action.

Three cases of recent vintage illustrate the university’s plight: Continue reading →

Rationalization # 35: Victim Blindness, or “They/He/She/ You should have seen it coming.”

/ Jack Marshall / 37 Comments
"Yup, should have seen THIS coming..."

“Yup, should have seen THIS coming…”

Mark Draughn, who blogs at Windypundit, proposed this latest addition to the Ethics Alarms Rationalizations list,  after I forgot to add it to the list in December 2012, when it was first proposed by reader Dwayne Zechman. It is an excellent one, and both Dwayne and Mark deserve the credit for it.

Asserting the rationalization of Victim Blindness attempts to shift responsibility for wrongdoing to the victims of it, who, the theory goes, should have known that their actions would inspire the conduct that caused them harm, and thus they should have either avoided doing what sparked the unethical response, or by not doing so waived their right to object to it. This is closely related to a sub-category of #7, The Tit-For-Tat Excuse, which holds that one party’s unethical conduct justifies similar unethical conduct in return. The sub-category is “They asked for it.” Victim Blindness is similar, but it applies even greater responsibility to victims: whether they asked for it or not, they should have known their actions would be met with this unethical response, and their ignorance,  carelessness or stupidity constitutes a waiver of ethics. Continue reading →

Unethical Tweet Of The Week: Prof. David Guth

/ Jack Marshall / 55 Comments

Guth Tweet

With this brain-jarring twitter offal from University of Kansas journalism professor David Guth—and if you marvel at the abysmal quality of today’s journalists, there’s a big clue right there—Ethics Alarms launches a new category, the Unethical Tweet of the Week. Clearly, Twitter has a magic ability to make even reasonable public figures and professionals engage in irresponsible, hateful and idiotic discourse, though I seriously doubt that this particular tweet’s author needed much of a shove.

What’s the matter with the tweet? Well, how long have you got? Let’s see: Continue reading →

Scapegoating Ethics

/ Jack Marshall / 21 Comments
Scapegoat

Meet Rick Eckstein. He understands. Really.

As it does predictably and constantly, the daily drip-drip-drama of baseball has given us another ethics quandary to ponder, arising in the context of the sport but with far more significant applications. The issue: is it ethical for an organization to deal with a crisis by firing someone for symbolic value, rather than for cause?

I have written about this traditional phenomenon in baseball before, but the current example is far less defensible on either tactical or public relations grounds. Last season, the Washington Nationals accumulated the best record in the sport, and though they flopped in the play-offs, were almost unanimously expected to be strong pennant contenders in 2013 by baseball prognosticators and more importantly, their fans. So far, at least, those expectations have been dashed. The season is almost two-thirds done, and the Nationals have been uninspiring at best. They have won fewer games than they have lost, and are trailing the Atlanta Braves by an alarming margin. Their pitching has been worse than expected, and their offense has been atrocious.

As is often the case in baseball when teams have a disappointing season after a good one, there is no obvious way to fix the problems mid-season, other than to hope the players start playing better. Unlike the other major team sports, baseball team performance is notoriously quirky, just like the game they play. Excellent players have down years frequently (though not the same players, or they would no longer be considered excellent). Team chemistry evaporates; the ball bounces funny ways. In the case of the Nationals, the most obvious problem has been a flood of sub-par years from almost all the starting position players, with an unhealthy serving of injuries.

The team’s response to its frustration and, really, lack of any substantive way to address it was to fire the team’s batting coach, Rick Eckstein, last week. Continue reading →