blame

Web Hoaxes: Would You Trust This Lawyer?

/ Jack Marshall / 2 Comments

In an earlier post this month, I related the story of Ethan Haines, an unemployed, newly-graduated lawyer who was staging a hunger strike, he said, to protest the fact that law schools misled their recruits about the employment prospects of their graduates. I was not sympathetic, and concluded:

“Law degrees still are valuable credentials, as is a good legal education, and if Haines got a good legal education, he received everything a law school is obligated to provide. Turning the degree into a career is his responsibility, and it is wrong for him to claim that anyone but himself is accountable for his present unemployed state.”

His stunt was more than an avoidance of responsibility and accountability, however it was a lie. Continue reading →

Tony C., Chaos, and the Ethics of Blame

/ Jack Marshall / Leave a comment

“And then one night

The kid in right

Lies sprawling in the dirt.

The fastball struck him square—he’s down!

Is Tony badly hurt?”

Just about everyone who lived in Boston, Massachusetts in 1967 knows that bit of doggerel, an epic poem written to commemorate the Boston Red Sox miracle “Impossible Dream” pennant that year. Tony, “the kid in right,” was Tony Conigliaro, or Tony C. for short, the 22-year-old Italian stud from nearby Swampscott who was ticketed for the Hall of Fame. Tony had everything: looks, talent, an adoring hometown public and a flair for the dramatic—everything but luck. On August 19, 43 years ago today, an errant pitch from Angels starter Jack Hamilton struck him in the face, nearly killing him. The beaning began a series of events that turned “The Tony Conigliaro Story” from a feel-good romp to an epic tragedy. He was never quite the same after the beaning, though he bravely played three more seasons with a hole in his vision he never told anyone about. He quit, tried pitching, actually made a second comeback that was derailed by injuries, and quit again. He was about to become the Red Sox cable TV color man when he suffered an inexplicable heart attack that left him brain-damaged and an invalid until his death, at only 45, in 1990.

Since 1967, there has been a storyline connected with Tony C.’s beaning, and it resurfaces every year. Let’s have an enthusiastic Red Sox blogger tell the tale: Continue reading →

The Strange Case of the Starving Lawyer

/ Jack Marshall / 2 Comments

Newly minted and unemployed lawyer Ethan Haines has gone on a hunger strike in the name of all unemployed former law students, to protest misleading law school employment statistics, commercial school rankings, and antiquated career counseling programs. “I designated myself class representative since these students are not able to come forward themselves, for fear that vocalizing their concerns will negatively affect their careers,” he writes on his website. He is alerting various law schools about his Dick Gregory-style protest, intending “to bring awareness to the concerns of law students and recent law graduates by having them addressed by law school administrators. Their primary concerns are inaccurate employment statistics, ineffective career counseling, and rising tuition costs.” The strike, he says, “was motivated by a recent American Bar Association (ABA) investigate Report, which concluded that educational leaders are unable to timely combat the adverse affects of U.S. News’ rankings on legal education.” Continue reading →

What’s Wrong and Not Wrong About the BP CEO’s Yachting Weekend

/ Jack Marshall / 15 Comments

Tony Heyward. the beset and beleaguered BP CEO who has become the public face of the oil company blamed for the devastating Gulf oil leak, took the weekend off to attend a yacht race off the Isle of Wight. For this he is being pummeled with more criticism, from Rahm Emanuel to Sen. Richard Shelby to angry bloggers on the Left, Right, and Center. Is going to a yacht race really that wrong, in ethical terms? Does it breach any duties or obligations? Here is the score card on what’s right, or at least “not wrong” about his conduct, and what is worthy of legitimate criticism. Continue reading →

The Incredibly Unethical BP Boycott

/ Jack Marshall / 22 Comments

Readers of Ethics Alarms know that I think boycotting is at best economic bullying, at worst a non-violent form of terrorism, and generally unethical except in cases so rare that they are difficult to imagine. The current BP boycott is close to the worst variety, blunt and destructive mob anger akin to the reaction of the excitable citizens of Homer Simpson’s Springfield, whose solution to every crisis seems to be a riot.

BP was outrageously and perhaps criminally negligent in creating the conditions that led to the Gulf oil spill, and it is right and just that the burden of accountability and responsibility has fallen on them. And it certainly has fallen on them: as much as every citizen of the United States may want to personally kick the company while it is prone, the fact is that the dire consequences of its misconduct are already overwhelming, both long and short-term. Right now, the Gulf states are still dependent on the diligence and expertise of the company to try to limit the damage it has caused, and the company is, if only for its own survival, doing the best it can to succeed. This fact alone would make a public boycott of BP at this time senseless and counter-productive.

The boycott is also unfair. Continue reading →

“Google Tried to Kill Me!”

/ Jack Marshall / 3 Comments

Personal injury lawyers, along with their close trial lawyer cousins, the medical malpractice and product liability lawyers, have an unjust reputation. The American tort system is the fairest in the world, and the work of trial lawyers saves lives while it is getting compensation and damages for people who have been injured by the careless, negligent, reckless or malicious acts of others.

Unfortunately, rare cases like that of Lauren Rosenberg overshadow all of this, which is just one of the reasons her lawsuit against Google is objectionable. When you walk down the middle of a highway and get hit by a car, you may have some justification for suing the driver of the car. But suing the website that suggested that you walk on the road? That’s the theory of Laura and her lawyer. According to PC World, Rosenberg was trying to get from 96 Daly Street, Park City, Utah, to 1710 Prospector Avenue, Park City, Utah, and looked up the walking directions on her Blackberry using Google Maps . Google suggested a half-mile walk down “Deer Valley Drive,”  also known as “Utah State Route 224,” which should have been a clue. But Google-trusting Laura started walking down the middle of the highway, and sure enough,  a car hit her.  Her complaint says: Continue reading →

Accountability Lessons, Oil Spill Ethics, and Obama’s Leadership Failure

/ Jack Marshall / 10 Comments

President Obama has shown his inexperience and unfamiliarity with executive leadership ethics in many ways since he took office, but none are likely to be more damaging than his unease with accountability. He had better learn fast.

It is not surprising that so many mayors lose their jobs as the result of blizzards. Budget limitations guarantee that a city’s snow removal capabilities are set to the most likely levels of snowfall and not the extraordinary, once-in-a-decade event, yet when that once-in-a-decade event arrives, it will not do for the mayor to blame the budget or the weather or the City Council or the lack of a magic wand. The public doesn’t want to hear any of that: they want to be able to drive to work. They want the leader to fix the problem, because that’s what leaders are supposed to do. If a leader can’t fix the problem, he had better look as if he is doing everything possible and impossible to try. And he had better make it clear that he understands and accepts that it is his job. Continue reading →

Ethics Dunce: Roman Polanski

/ Jack Marshall / 1 Comment

I know, this is akin to shooting fish in a barrel. Still, Roman Polanski’s self-righteous protest of what he sees as victimization and injustice, recently published in the French magazine La Règle du Jeu, is worth noting if only as a useful case study of how privilege and rationalizations can lead to ethical delusion.

Polanski, proclaiming, “I can now remain silent no longer!”—which I doubt will take its place next to Dreyfus’s “I am innocent!” in the annals of memorable prisoner quotes—makes it clear in his statement that he has no remorse and admits no serious wrongdoing for drugging, raping and sodomizing a 13-year old girl, the 33-year-old crime that began his legal problems. Oh, he accuses authorities of being unfeeling to the now-grown victim, who has repeatedly said she would like to see the entire issue disposed of and forgotten so she can get on with her life, conveniently forgetting that his brutality and subsequent refusal to be accountable to U.S. justice are the sole reasons she is suffering. Continue reading →