diligence

Ten Ethics Questions for the Pat-Down Defenders

/ Jack Marshall / 9 Comments

I, like you, have been reading and listening to my various “My Obama, may he always be right, but my Obama, right or wrong” friends try to argue that having TSA agents sexually assault non-consenting adults is a perfectly reasonable and benign exercise of government power. I, like you, am tired of the posturing and excuse making. Their arguments, in essence, all boil down to: a) they have no choice b) they have our best interests at heart c) it’s no big deal, and 4) trust them, they know what they are doing.

I suggest that you, as I will, pose the following questions to your trusting friends, perhaps beginning with a preliminary query regarding whether they themselves have undergone the humiliating and invasive pat-down procedure that they so willingly approve of for others.

Then ask them these: Continue reading →

Bret Favre, Meet Derek, LeBron, and Tiger

/ Jack Marshall / 4 Comments

Recent revelations about Joe DiMaggio’s conduct while doing PR work for the military during World War II shocked some people who had been humming “Mrs. Robinson” over the years. Joe, as insiders had long maintained, really was a selfish and anti-social guy, far from the knight in shining armor that the public took him to be. But he played his hero role well when he was in the public eye, and that is to his credit: DiMaggio met his obligation as a hero-for-hire. Athletic heroes are challenged to live up to their on-field character, and not surprisingly, few are equal to the task. One who was has been back in the news lately: Stan (the Man) Musial, the St. Louis baseball great who will soon be awarded the Medal of Freedom by President Obama.

In these anxious times when every institution and every champion seems to betray us eventually, sports heroes who can remain untarnished are especially valuable, which is one reason why they earn so much money. On the field, court, course, ring or track, they can exhibit courage, trustworthiness, selflessness, leadership, sacrifice, diligence, loyalty, fair play and sportsmanship to inspire us and serve as role models for our children. All they have to do is avoid showing that it is all an illusion after the games are over. It shouldn’t be difficult, yet it is.

Tiger Woods only needed to be a responsible and trustworthy husband and father. LeBron James only had to avoid revealing himself as a fame-obsessed child. Derek Jeter only had to resist the impulse to extort the team he symbolized for money he neither deserved or needed. Yet they couldn’t, or wouldn’t do it. They hurt their own images, reputation and legacy beyond repair, but more important, they robbed us of heroes that we sorely need.

The latest addition to the pantheon of fallen idols is Bret Favre, the star NFL quarterback now suffering through the humiliating final season that was more or less guaranteed by his inability to retire while he could still pick up a football. Continue reading →

Unethical Quote of the Month: Bristol Palin

/ Jack Marshall / 9 Comments

“Going out there and winning this would mean a lot. It would be like a big middle finger to all the people out there that hate my mom and hate me.

—Bristol Palin, Sarah Palin’s daughter and blatantly undeserving finalist in ABC’s “Dancing With the Stars,” on the show’s finale Tuesday’s night, prior to the revelation of the results of the audience voting. (She lost.) Continue reading →

Drudge, Obama’s “$200 Million a Day Trip” and How The U.S. Public Gets Stupid

/ Jack Marshall / 5 Comments

One of the many themes running through the many teeth-gnashing, garment-rending attempts by angry progressive columnist and bloggers to explain why the Democrats got their heads handed to them on Tuesday is that the voters are just stupid, that’s all. (In doing so, they duplicate the exact same arrogance that helped put all those heads on the block in the first place, but I digress.) The public is not stupid, of course, but it is often wretchedly misinformed by a news media that has lost most of its scruples and a lot of its professionalism. Once a rumor, misconception, distortion or myth gets enough publicity, it can lodge itself in people’s brains like shrapnel. Examples: Obama’s “Muslim faith” and his “foreign birth.” Other examples: the “50% divorce rate” and women only  getting paid “75% of what men are paid for the same jobs.”

We should all thank Matt Drudge for giving us a wonderful lesson on how this happens, both for our future reference and protection. He recently linked to a story in an Indian newspaper that reported, based on anonymous sources, that President Obama’s trip to Mumbai was going to be accompanied by about 10% of the U.S. fleet and cost $200,000,000 a day. Continue reading →

Joe Miller’s Fallacy

/ Jack Marshall / 2 Comments

When Alaska Senate candidate Joe Miller finally came clean about his unethical, and probably illegal, misuse of a government computer when he was working as a part-time lawyer, he shrugged it off by pointing out that his flaws were actually a qualification for office: it proved that he was just like the people electing him. Continue reading →

And the 21st Untrustworthy Candidate is: West Virginia Gov. Joe Manchin!

/ Jack Marshall / 2 Comments

West Virginia’s Democratic Governor, Joe Manchin, currently running for the open U.S. Senate seat, has now caused me to regret my selections on the Ethics Alarms “Untrustworthy Twenty” within hours of posting it.  Manchin belongs on it; oh brother, does he ever. I had missed his nausaeating performance this Sunday on Fox, in which he attempted to retract his endorsement of the Obamacare legislation last March, explaining that he didn’t understand key details of the law when he publicly supported it. Continue reading →

Christine O’Donnell’s Insult to Democracy

/ Jack Marshall / 2 Comments

[NOTE: For reasons having to do with  brain synapses and carelessness, the earlier version of this post had Ms. O’Donnell identified as  Christine Whitman, who is not insulting democracy, at least not yet. I apologize to Ethics Alarms readers and the GOP candidate for governor of California for the error.]

As there is no defined “duty not to make the entire theory of representative government look like a terrible mistake” we’re just going to have to settle for applying the ethical duties of diligence, competence, and a few others in assessing Republican Senate nominee (in Delaware, which is collectively cringing in embarrassment) Christine O’Donnell’s disqualifying performance during her recent debate with opponent Chris Coons.  Continue reading →

Googling Potential Jurors in Court: Not Unethical, Just New

/ Jack Marshall / 1 Comment

I sometimes facetiously tell legal ethics classes that the average judge is ten years behind the average lawyer in technological acumen, who is five years behind the average 13-year-old. The law and legal ethics consensus is always playing catch-up with technological developments, and every time technology is put to a new or unexpected use in a trial, some judge may react to it like a Cro-Magnon encountering his first flame.

This happened recently in the case of Carino v. Muenzen (N.J. Super. Ct. App. Div.) During jury selection, plaintiff’s counsel began using his laptop computer to go to the Web and seek  information on prospective jurors. Defense counsel objected,  and the following exchange took place: Continue reading →

Manny, Kanye, and the Farce of Self-Serving Apologies

/ Jack Marshall / 2 Comments

Two habitual bad actors in the world of entertainment apologized this week, for similar reasons and with equivalent credibility.

First, baseball slugger Manny Ramirez issued an apology to his former team once removed, The Boston Red Sox, for forcing the team to trade him in the middle of the 2008 pennant race because Manny was faking injuries, refusing to hustle during game, assaulting employees, and poisoning team morale and discipline. “I think everything was my fault,” Ramirez said. “You’ve got to be a real man to realize when you do wrong. Hey, it was my fault, right? I’m already past that stage. I’m happy. I’m in a new team,” Manny told reporters. He was with a new team, all right: the Dodgers, his previous team, let him go to the Chicago White Sox for nothing because, well, he was faking injuries, dogging it in the field…same act, different stage. So what was the apology about?

Manny, or more likely his agent, realizes this most recent break with a team as the result of his habitually juvenile and unprofessional attitude might cost him a lot of money at contract time—Ramirez is a free agent after all. So contrition was called for—two full years after he laughed off any suggestions that he was at fault for the Boston debacle, and proved that he had been loafing on the field by playing in L.A. like he was on fire. This isn’t an apology; it’s damage control, and thus is a deceitful and dishonest apology that has nothing whatsoever to do with genuine regret. The big tip-off is that Ramirez felt he had to explain why his apology was so admirable. Yes, Manny, you have to be a real man to admit you’re wrong; a real jerk to fake an apology to fool a future employer into believing that you’ve turned over a new leaf, and real fool to believe anyone will fall for it.

Then there is rapper Kanye West. Continue reading →

The Bell Salary Scandal and the Victims’ Breach of Duty

/ Jack Marshall / Leave a comment

In most respects, this months horror story about the incredibly corrupt officials of Bell, California doesn’t require any ethics commentary. The verdict is obvious. Robert Rizzo, Bell’s city manager, was collecting an $800,000 a year salary to run a dirt-poor town of  40,000 residents. Part-time city council members took home almost $100,000 annually, mostly by paying themselves to serve on municipal boards and commissions. Rizzo stood to collect a $600,000-a-year pension, and police chief Randy Adams, who was paid more than most big city police chiefs, had arranged for a $411,300-a-year pension. The city officials of Bell were predators, using their positions to steal money from the cities citizens. To pay for all the rich salaries and pensions, Bell’s crooked officials passed unconscionable property taxes, levied on a city population that averaged income less than $25,000 per capita . Even Charlie Rangel wouldn’t argue that this is politics as usual.

Nevertheless, this is a republic, and citizens, even citizens of small towns, have an obligation to pay attention to what their elected officials are doing. Continue reading →