California

Ethics Hero: Jeffrey Warren

/ Jack Marshall / 9 Comments

You’ve probably heard or read the story by now.

Wait! Maybe he’s Cherokee!

17-year-old Jeffrey Warren rose to accept the $1,000 college scholarship awarded by the local Martin Luther King Senior Citizens Club during seniors night at Martin Luther King High School in Riverside, California, and provoked both laughter and awkward gasps. He was obviously white—as white as Elizabeth Warren—and the scholarship for intended for black students, though Warren didn’t know that when he applied.

Later, Warren decided to give back the money. His family said they didn’t want the African-American women who gave out the award to be foiled in their attempt to help young black scholars, and that it was the right thing to do. I would say that it was a right thing to do, and showed exemplary kindness, compassion, empathy, generosity, charity and altruism. Jeffrey had every right to accept the money. The Club’s requirements were vague, and did not make it clear that he was not eligible when he applied. If he and his parents had wanted to make a political and philosophical statement about the hypocrisy of a race-based scholarship in the name of Martin Luther King, this was an ideal opportunity, and an argument could be made that this would have been the “right” thing to do as well, if not “righter.” Continue reading →

The Jack Berghouse Cheating Conundrum: Bad Father? Good Father? Ethics Corrupter?

/ Jack Marshall / 24 Comments

Should we condemn Jack Berghouse for being a good lawyer?

Should a parent defend a bad egg? A cheating bad egg?

Berghouse has intervened to keep his son, a sophomore at Sequoia High School in Redwood City, California, from being kicked out of the honors program for copying his homework assignment from the work of another student. He doesn’t dispute that his son cheated—-his son admits it, and was caught red-handed. Dad is suing the school because he says its policies are conflicting, and thus his son was deprived of due process. He may be right about that. He is also doing it because, as a father concerned about his son’s future, he worries that the blemish on his record will affect his ability to get into an Ivy League college. He’s probably right about that, too.

But is it right—that is to say, responsible and ethical— for parents to use lawyers and the court system to intimidate schools into whitewashing a student’s records? The vast majority say no, which is doubtlessly the reason why Berghouse reports that he is getting hate mail. Continue reading →

The Messy Case of the Courageous/ Zealous /Inept/ Dedicated/ Venal/ Lying/ Unethical/ Ethical Lawyer

/ Jack Marshall / Leave a comment

The courtroom chaos of Gilbert and Sullivan’s “Trial By Jury” was nothing compared to this!

One thing we do know for sure: the lawyer was rushed. And therein lies much of the problem.

This mind-blowing scenario, that could have easily been an episode on “Boston Legal” or “Ally McBeal,” occurred in California.  After a week long trial in a personal injury case where the brain-damaged plaintiff’s lawyer had asked for millions in damages, jurors  deliberated only four hours and announced they’d reached a decision. Both lawyers were certain a defense verdict, against the disabled man, was coming. Plaintiffs attorney C. Michael Alder pulled defense counsel  into the hallway for last-minute settlement negotiations, hoping that the defense would agree to some damages as insurance against a surprise plaintiff’s verdict. With his developmentally disabled client (who had suffered brain injuries in a fall from an ambulance) and his mother by his side, Alder exchanged figures and rejections with   defense lawyer James Siepler, who had an insurance claims adjuster on his cellphone.

Los Angeles County Superior Court Judge Michael Johnson was impatient, for the jury was ready to give its verdict. Literally at the last second,  Alder and Siepler agreed to a  $350,000 settlement, and returned to the courtroom. “The parties have advised me that they have reached a settlement of the case,” the judge informed the jurors, adding, “They will be happy to talk with you out in the hallway to get your views.”

They got the jurors’ views, all right. The jurors told the attorneys that they were going to award the plaintiff 9 million dollars. Continue reading →

The Beautiful Lie!

/ Jack Marshall / 2 Comments

Irony! Stupidity! Symmetry!  Elegance! Chutzpah! Redundancy!

Ahhhhh! Breathtaking!

Yes, this amazing lie, by the California State University System, has it all. This is the Sistine Chapel of lies, the Mona Lisa of mendacity, a true masterpiece of the liar’s art.

Consider…this is “Sunshine Week,” the annual campaign to raise awareness about the essential nature of open, honest and transparent government. So to celebrate,  CSU’s  public affairs office falsely announced on Monday that it had won the 2012 Sunshine Award for most transparent government website in the nation. It had not. It isn’t even eligible to win such an award.

Sunshine Review, the national nonprofit organization that sponsors the annual awards, has confirmed that this would be impossible, since they “do not grade state universities or colleges at this time, so it would be impossible for Cal State to have won an award.” Sure enough, the system is not included on the list of winners available online.

Why would the university system of the Sunshine State lie about receiving the Sunshine Award from the Sunshine Review, and do it on Sunshine Week, no less?  Clearly, this was a once-in-a-lifetime opportunity to good to pass up. It may be unethical, but in the annals of lying, it’s beautiful!

[Thanks to James Taranto for the tip.]

Three Tales of Ethics-Free Horror in American Schools

/ Jack Marshall / 22 Comments

Common sense-free, too!

Today we have three tales to drive you to private school, home school, or to move to Bolivia. The first poses a challenge for readers who object to “The Naked Teacher Principle.” I call it…

“The Porn Star Teacher Corollary”

In Oxnard, California, rumors were flying at Richard B. Haydock Intermediate School that one of the teachers could be seen in at least one porn film. Eventually other teachers  came forward and showed administrators an X-rated video on a smartphone that appeared to confirm  that the educator, who teaches science to seventh- and eighth-graders, was moonlighting in the pornography industry. She is on leave, and don’t bet that the teachers union won’t fight to protect her job. Meanwhile, the school district decided to make certain that as many kinds as possible would find Miss Brooks doing God knows what online, by sending this message to parents:

“It has been alleged that one of our teachers is depicted in at least one pornographic video and possibly others on the Internet. These allegations do not involve any Oxnard School District students… We are asking teachers to discourage the children from searching for and/or visiting these inappropriate sites. We ask that you be particularly vigilant over the next few days with respect to the Internet content being accessed by your child on his or her telephone or other Internet-ready device.”

Yeah, that should work.

Oh, I almost forgot. What is “The Porn Star Teacher Corollary”? It’s simple, really: “If you are or were a porn star, don’t teach in secondary school. If you teach in secondary school, don’t start making make porn films…whether you’re naked in them or not.”

The next two horrific sagas show school sensitivity at its rock bottom worst. First we have…

“Mother’s Day”

The Wingate Elementary School in Gallup, New Mexico discovered that 15-year-old student Shantelle Hicks was pregnant, so it kicked her out. This a school cannot do in 2012, and when a terse letter from the ACLU got her back into the 8th grade, the administrators had to get creative about how they would deal with this bad apple corrupting the good students. Two weeks after her readmission, they forced Shantelle to stand up in a  school assembly and announce her condition.  She says that until then, none of her classmates knew.  After that, according to her law suit, school officials told Hicks she was a detriment to her school mates, and requested she attend another school.

You just can’t train school administrators to come up with solutions like this.

It has to be an innate talent.

Finally, we have a chiller about another school that is alien to the concept of fairness, which I have dubbed, cheaply but appropriately,

“What??”

St. Scholastica High School in Chicago expelled a senior for disciplinary problems that included not listening to her teachers, ignoring directions, and failing to respond to requests.

“This pattern of poor behavioral performance is an indication to us that she is unable to meet our behavioral standards,” Principal Colleen J. Brewer wrote in the girl’s expulsion letter.

You guessed it! The girl is deaf. She has hearing aids in both ears. A doctor who examined her found that her hearing problems were “severe enough that, even with hearing aids (it would) affect her ability to not only appreciate the spoken word but also nuances and interpretation of speech. This may lead to an attempt on her part to react to her on interpretation of a communication without realizing she is misinterpreting part or all of a conversation.”

And yes, there is another law suit here as well. Law suits, however, at best only get money for the damage done by teacher and school administrator incompetence. The damage to the children involved may never be repaired.

School Insanity: A Warning From Canada…

/ Jack Marshall / 11 Comments

Jessie Sansone and his trouble-making daughter

…And the warning is: the police and schools aren’t this crazy and irresponsible in the U.S. yet, but all the signs are present. From the news in Ontario:

Police arrested a Kitchener, Ont., father outside his daughter’s school because the four-year-old drew a picture of him holding a gun. Jessie Sansone told the Record newspaper that he was in shock when he was arrested Wednesday and taken to a police station for questioning over the drawing. He was also strip-searched.

“This is completely insane. My daughter drew a gun on a piece of paper at school,” he said.

Officials told the newspaper the move was necessary to ensure there were no guns accessible by children in the family’s home. They also said comments by Sansone’s daughter, Neaveh, that the man holding the gun in the picture was her dad and “he uses it to shoot bad guys and monsters,” was concerning.

Police also searched Sansone’s home while he was in custody. His wife and three children were taken to the police station, and the children were interviewed by Family and Children’s Services. Continue reading →

These Parents May Be Unethical, But They Sure Belong to The Right Church!

/ Jack Marshall / 5 Comments

This boggles the mind. An Irvine, California couple  suspected their 15-year-old son was smoking because they found a lighter in his clothes. Their solution? They hired Paul Kim, a man who is often delegated the task of disciplining the children of the couple’s fellow churchgoers.

He does not have a light touch.

The parents dropped the boy off at Kim’s home to be beaten.  The church enforcer repeatedly hit the child on his legs with a metal pole about an inch in diameter  a dozen times, causing severe bruising.  An adult at the boy’s school saw the bruises and called Irvine police, who informed San Bernardino County officials. They in turn arrested Kim, who faces a felony charge of willful cruelty to a child.  Investigators believe Kim has been used in this way by other families in the congregation, and asked for victims and witnesses to come forward.

Neither the name of the church nor the identity of the boy’s parents have been made public, but a few things can be determined with some certainty. To begin with, that’s one sick congregation. Continue reading →

Explain to Me Why We Tolerate Illegal Immigration, Again?

/ Jack Marshall / 28 Comments

Yes, I'm in a rotten mood today! Wanna make something out of it??

My cranky Saturday continues with an issue that I increasingly find bewildering: the tolerance, denial, and enabling by so many Americans of illegal immigration, although its unethical character cannot be denied or argued away. I know why Democrats support it—pure electoral cynicism—and I know why the business community encourages it—greed. What I don’t comprehend is why anyone else with a modicum of logic, fairness, and common sense isn’t confronting both of these self-serving institutions and demanding real enforcement of anti-illegal immigration measures. Instead, we get outrageous legislation like the Maryland Dream Act, which institutionalizes incentives for aliens to defy our laws. Continue reading →

Ethics Quote of the Week: Justice Antonin Scalia

/ Jack Marshall / 8 Comments

“Justice Alito recounts all these disgusting video games in order to disgust us — but disgust is not a valid basis for restricting expression.” 

— Justice Supreme Court Justice Antonin Scalia, in the majority opinion of Brown v. Entertainment Merchants Association that over-turned a California law restricting the access of children to violent video games. Scalia was responding to the argument by conservative colleague Joseph Alito, who described the wide range of violent and offensive experiences a child could have though video-gaming, such as reenacting the shootings at Columbine High School and Virginia Tech,  raping Native American women or killing ethnic and religious minorities.

Scalia is the Supreme Court justice liberals love to hate, but he is the most stalwart defender of the First Amendment since Justice William O. Douglas and Justice Hugo Black on the Warren Court. As political warfare increasingly focuses on the tactic of suppressing and inhibiting speech and ideas rather than rebutting them, Scalia’s uniform rejection of any effort to squelch the free exchange of ideas, even disgusting ideas, is the last line of defense against government-imposed political correctness, nanny state thought control, and puritan censorship. While sufficiently important ends, such as protecting our children and our culture, may justify some extreme means, Scalia’s opinion reaffirms the core American principle that those means can never include government restriction of speech in its broadest definition. Continue reading →

The Offensive Battle Over “Seven in Heaven Way”

/ Jack Marshall / 113 Comments

"There goes Fred, getting all religious again...."

With some hesitation, I must re-open the issue of officious inter-meddlers and grievance-mongerers who get satisfaction and empowerment from claiming to be offended by things that could not possibly harm them or genuinely infringe on their rights. The atheists are at it again.

My position has been stated here and elsewhere many times: in the absence of genuine long or short term harm, the ethical human response to a symbolic grievance is to keep one’s response proportional to the offense, which sometimes means considering how many individuals will be made miserable in order to satisfy one individual or a small group, and letting it go. Forcing a university to change the long-standing name of its football team based on a dubious argument that the name is an offense to Native Americans when most Native Americans couldn’t care less, for example, is wrong. Forcing a school to stop teaching kindergarteners to sing “Rudolf the Red-nosed Reindeer” because a Jewish parent thinks the song promotes Christianity is wrong.

Now a group of New York City atheists is demanding that their city re-name a street that was dedicated to the memory of seven firefighters killed in the Sept. 11, 2001, terrorist attacks.  Continue reading →