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Comment of the Day: “Ethics Quiz: The Kidneys of Orlac”

/ Jack Marshall / 9 Comments
But first, a last act of altruism...

But first, a last act of altruism?

The presumptive winner of the annual Ethics Alarms award for “Commenter of the Year” in 2013, texagg04,  has delivered a Comment of the Day expanding the topic of the post regarding a condemned prisoner in Ohio who wrangled a postponement of his execution so he could donate his organs to relatives. Here is  texagg04’s  take on “Ethics Quiz: The Kidneys of Orlac.” I’ll have some comments at the end.

“First, a murderer or other capital criminal being held responsible for his or her conduct seems to be in conflict with the same individual being allowed to display charity when you say they  forfeited their freedom, all of it, with their commission of a  capital crime. I’m not so sure it should be viewed from that angle.

Punishment serves a variety of purposes. Some petty crimes receive punishment designed to compensate, as best as can be, the victim – the victim being dead, capital punishment does not serve this purpose. Some crimes are of an anti-social nature, and the apt punishment seeks to rehabilitate or reconcile the perpetrator to the community. Capital crimes are so heinous that we have determined that the perpetrator must be completely cut off from society, through their death. In this case, the punishment does nothing for the victim OR for the criminal; the punishment is designed solely for the benefit of society.

If the criminal wishes to donate his/her organs to (what we must assume is to salve their own conscience – even though we can, probably, cynically assume is just a delaying tactic), we should not care one bit. They are gaining no material benefit from the community, nor are they engaging in any direct interaction with the community – so the act of cutting them off from the community as part of the punishment is still complete. Continue reading →

Ethics Poll: The Amityville Kidney

/ Jack Marshall / 24 Comments
"Wait---you're going to put THAT inside me???"

“Wait—you’re going to put THAT inside me???”

In the comments to the post The Kidneys of Orlac, Texagg04 raises a fascinating angle that I had not considered. I have previously written, regarding state regulations that do not require realtors or sellers to disclose that a grisly murder or six occurred on a property, that a purchaser has the right to know about such conditions that may bother him personally, and that regardless of the laws involved, there is an ethical duty inform  a potential purchaser know that he is buying the site of the Amityville Horror (for example). Texagg04 suggests..

“Much like real estate agents ought to reveal that a house had a grisly murder in it, I’d submit that recipients of organ donations of this kind should get to be informed of the donor’s convictions.”

Hmmm. I’m not so sure. One of the reasons for my views about the death houses is that they may be difficult for the uninformed buyer to sell later if the home’s history is known or becomes well known. Also, there are always alternatives to buying a particular house—given a choice between the site of a murder and a similar house with no such history, I might opt for the latter—I’ve seen too many of the “Paranormal Experiences”  and “The Grudge” movies, I guess. But with donated organs, the options are more limited. Maybe not telling the recipient that he has the heart of the Green River Killer is the fair and kind thing to do.

Let’s vote!

Jumbo of The Month: “The Bible” Producers On The Obama As Satan Problem

/ Jack Marshall / 49 Comments
Elephant?

Elephant?

Responding to criticism that the character of Satan in The History Channel’s popular Bible series looks a bit like President Obama—which it does—executive producer Roma Downey said, absurdly, in support of her fellow producers who pronounced the claim as “utter nonsense”:

“Both Mark and I have nothing but respect and love our President, who is a fellow Christian. False statements such as these are just designed as a foolish distraction to try and discredit the beauty of the story of The Bible.”

The essence of a Jumbo, the occasional award given here, is a brassily dishonest statement that evokes the memory of Jimmy Durante in the musical “Jumbo,” caught in the act of trying to steal the largest elephant in the world, and asking the sheriff innocently, “Elephant? What elephant?” as the huge pachyderm looked over his shoulder. Continue reading →

Incompetent Elected Official of the Month: Rep. Tim Ryan (D-Ohio)

/ Jack Marshall / 15 Comments
Ah, yes, those old football injuries that tighten up and cause you to walk like you're drunk after going to a wedding where nobody drank to excess. Who hasn't been in that situation?

Ah, yes, those old football injuries that tighten up and cause you to walk like you’re drunk after going to a wedding where nobody drank to excess. Who hasn’t been in that situation?

Let’s be clear, now: Rep. Ryan is not politically incompetent, no sireee! He’s no fool; he knew that an arrest for public intoxication in August might be a high hurdle on the route to his re-election, especially since the matter wouldn’t be resolved until after the November 7. So when the rising star of a congressman, seeking election, now safely accomplished, to his sixth term, was arrested in Virginia, Ryan’s staff managed to keep the embarrassing incident out of the papers, cable news broadcasts and political junkie blogs. He had been  stopped by a police officer who observed him staggering along the sidewalk, and Ryan refused to take a Breathalyzer alcohol test as the officer requested, precipitating his arrest. The incident, after all, might have been misunderstood. Can’t have that. Continue reading →

If This Is Obvious To Everybody, Why Isn’t It Obvious That Petraeus Had To Go?

/ Jack Marshall / 5 Comments

Look, Sheila must be back at work—that’s her car in her parking space!”

From the Boston Globe:

“The administration of Governor Deval Patrick, embarrassed by revelations that the state highway safety director has a driving record that includes seven accidents, four speeding violations and two failures to stop for a police officer, announced today that the director will be removed from that job.

“Sheila Burgess, the top safety officer since 2007, is on medical leave recovering from an Aug. 24 one-car accident in Milton in which she drove off the road and suffered a head injury. She told police she swerved to avoid an oncoming vehicle in her lane. Burgess will be assigned to a “different role” within the state Office of Public Safety and Security, according to a statement released today by Mary Elizabeth Heffernan, the public safety secretary.

“Given her driving record, it is clear that Ms. Burgess should not have been hired as the director of Highway Safety in 2007,” Heffernan said in the statement. “Burgess is a former fund-raising consultant to high-profile Democratic candidates for public office, including Congressman James McGovern, whose office said on Friday that McGovern asked the newly elected Patrick administration in 2007 to hire Burgess, but without suggesting a specific role for her. She is paid $87,000 annually. Burgess had no experience in public safety, transportation or government administration when hired, according to her resume.”

“Heffernan called Burgess “a solid and dependable employee” during the intervening years, but today, following a Globe story that revealed her driving record, said she no long has confidence in Burgess leading the state’s efforts to reduce accidents by promoting good driving practices…” Continue reading →

Unethical Website of the Month: Third Tier Reality

/ Jack Marshall / 119 Comments

Mr. Furious, of the Mystery Men

Third Tier Reality is one of many blogs recently founded by disappointed law graduates who somehow labored under the misconception that a law school degree guaranteed that they would get 6 figure offers from big law firms and then live the life of Denny Crane until they could retire to a Caribbean island at the age of 55. A depressing number of these deluded souls managed to get themselves in hock up to their eyeballs, and when the recession hit and law firms cut back, felt first, like fools, second, angry and desperate, and third, that it was everyone else’s fault. Thus was born the “law school scam” conspiracy theory. Third Tier Reality, like the others of its breed, maintains that law schools intentionally misled scores of trusting students to pay their obscenely high tuitions,  knowing that they were pumping out more lawyers than the legal market would bear.

To the extent that the site tries to educate would-be law students that there is no guaranteed gravy-train at the end of three years of law school, the website is, at worst, harmless. “My goal is to inform potential law school students and applicants of the ugly realities of attending law school,” he writes. His message: Do not seek a law degree unless…

“(1) YOU GET INTO A TOP 8 LAW SCHOOL; (2) YOU GET A FULL-TUITION SCHOLARSHIP TO ATTEND; (3) YOU HAVE EMPLOYMENT AS AN ATTORNEY SECURED THROUGH A RELATIVE OR CLOSE FRIEND; OR (4) YOU ARE FULLY AWARE BEFOREHAND THAT YOUR HUGE INVESTMENT IN TIME, ENERGY, AND MONEY DOES NOT, IN ANY WAY, GUARANTEE A JOB AS AN ATTORNEY OR IN THE LEGAL INDUSTRY.”

That’s all good advice, though it presumes that more people get law degrees under the delusion alluded to in (4) than I believe is true. Nobody ever told me that a law degree guaranteed a high-paying job as an attorney, and if we understood that decades ago when law was booming, I don’t see where the confusion set in. I worked in the administration of Georgetown Law Center, and that school never made such a representation. In addition, Third Tier Reality goes further, as its brethren blogs do, to insist that a law degree from less than a “First Tier” school is actually an impediment in the job market. I hate to kick this particular hornets nest again, but this is a self-serving rationalization for failure. Continue reading →

The Ethics Of Getting Fired: Ann Curry’s Today Show Exit

/ Jack Marshall / 15 Comments

“We love you, Ann!” “I hate you, Matt!”

I was going to make Ann Curry’s method of leaving the Today Show’s anchor chair an Ethics Quiz, but decided that there weren’t sufficiently compelling arguments for more than one conclusion: her farewell drama yesterday morning was unprofessional, and in her job and her industry, but also many others, professional obligations trump candor.

I will admit up front that I never liked Ann Curry, either as a news reader nor as Matt Lauer’s partner after Meridith Viera left the show. Her open-faced demeanor, which made it crystal clear with every story and interview where her own sympathies lay, was the antithesis of objective and fair reporting, regardless of the steadily increasing number of similar practitioners, like CNN’s eye-rolling, squinting, smirking morning tag-team of Soledad O’Brien and Carol Costello. Thus it was no surprise that having received the gift of being able to have an on-air good-bye and the trust of her NBC bosses to handle her farewell properly, Curry chose instead to (or perhaps it is fairer to say “couldn’t control herself sufficiently not to..”) make it obvious to viewers that she had been dumped, that she was hurt and angry about it, and that she blamed Matt Lauer, her co-host, who was widely reported to have made her ouster a condition of his new contract. The emotions Curry was wearing on her sleeve were especially glaring while Lauer was making the traditional speech about how much Curry would be missed and ended by trying to give her a show-biz hug and kiss. Curry refused to look at Lauer while he was talking, and ducked his kiss, looking for all the world like she was hugging Jerry Sandusky or someone similarly appealing. As we say in the theater in such situations: “Nice cover, Ann!” Continue reading →

Comment of the Day on “Young, Gullible, Lazy, Unimaginative and Unbelievable: I Wonder Why This Lawyer Has Trouble Finding A Job?”

/ Jack Marshall / 59 Comments

Back in October of 2011, I wrote a post in reaction to the sign reproduced left, held by an Occupy Wall Street protester who either was an unemployed law graduate or who plays one on TV.   Many are the ethical matters and controversies that have spilled on these pages since, and copious is the water that has flowed under the bridge, but because not very many people, comparatively speaking, read ethics websites in general and this one in particular, it took the better part of a year for that post to reach the laptop of  disgruntled law grad with access to a website for disgruntled law grads. Thus suddenly my name has been taken in vain in several fora where underemployed, student loan-burdened JDs hang out. Some, gratefully, have been kind enough to alert me with comments to Ethics Alarms, expressing their unhappiness with my insensitivity. This, the Comment of the Day, is such a post, by lawyer (presumably) Bobby Wilberger.

I must say at the outset that Bobby is lucky to have this posted, and I must say that because I don’t want another lawyer citing it as precedent. Bobby, who by definition if his post is to be taken seriously, had legal training, apparently didn’t absorb the part about following rules, being honest and truthful and reading documents relating to your work carefully. The posting requirements for Comments, clearly indicated at the top of this page, require a valid e-mail address. Bobby did not supply me with such an address, instead giving me a fake address with the clever suffix of “fake.com”.  This would pretty much ding Bobby if I were hiring, and is consistent with my over-all thesis that if you are an un- or underemployed law grad the first thing you need to do to get to the bottom of your problems is to look in the mirror.

I’ll have more to say after Bobby’s post. Here it is, the Comment of the Day, on Young, Gullible, Lazy, Unimaginative and Unbelievable: I Wonder Why This Lawyer Has Trouble Finding A Job?: Continue reading →

“Pass the Trash” Ethics

/ Jack Marshall / 11 Comments

School superintendents included.

Nancy Sebring was hired to be the new Omaha, Nebraska school superintendent and was scheduled to move into her position on July 1, having been hired in April.  Meanwhile, she was finishing up as outgoing Superintendent of Schools in Des Moines, Iowa. When Sebring suddenly resigned her Iowa post, which she had held for six years, on May 10, she and Des Moines school board president Teree Caldwell-Johnson explained that Sebring had stepped down early so she could attend to pressing family affairs before moving to Nebraska.

The real reason, however, was that Sebring had resigned as an alternative to being fired. The school board had discovered that she had used the school’s computer system to send more than forty e-mails to a man with whom she was having an adulterous affair, many of them sexually explicit. The e-mail trail began shortly before she announced her new job, and continued until she was forced to resign. Now Omaha knows about the e-mails too, thanks to a newspaper report. Sebring’s new job has ended before it started, and Omaha is desperately behind in finding a school superintendent. Continue reading →

Ethics Hero: “Gaia” Scientist James Lovelock

/ Jack Marshall / 14 Comments

James Lovelock

“The problem is we don’t know what the climate is doing. We thought we knew 20 years ago. That led to some alarmist books – mine included – because it looked clear-cut, but it hasn’t happened. The climate is doing its usual tricks. There’s nothing much really happening yet. We were supposed to be halfway toward a frying world now. The world has not warmed up very much since the millennium. Twelve years is a reasonable time… it (the temperature) has stayed almost constant, whereas it should have been rising — carbon dioxide is rising, no question about that.”

With that admirable statement of candor and humility, renowned earth scientist James Lovelock did what everyone in the climate change debate should be doing, and should have been doing all along. He admitted the uncertainty of climate science, the fallibility of models and projections, and the fact that the extent, speed, predictability and causes of climate change are still far from certain. If other scientists involved in this critical issue had Lovelock’s integrity,  perhaps ignorant pundits, journalists and politicians would not feel so justified in calling skeptics about climate change the equivalent of Holocaust deniers. Continue reading →