“everybody does it”

Today’s Ethics Understatement: “This Story Does Not Encourage Trust In The Legal Profession”

/ Jack Marshall / 36 Comments
photoshoppinglawyer_screenshot

Svitlana and her fake friends

The ABA Journal informs me this morning that a California bar court judge has recommended a six-month suspension for attorney Svitlana Sangary. Oh, she has some client ethics complaints against her, but that was the least of her problems.

On her firm website, she had posted photographs showing Sangary with politicians and celebrities, including President Obama, Bill Clinton, Hillary Clinton, George Clooney, Donald Trump, Arnold Schwarzenegger, Morgan Freeman and Paris Hilton. An expert testified that most or all of the images were photoshopped, making them visual lies. A lawyer is not allowed to lie on her website, or anywhere else when it may mislead clients and the public.

Paris Hilton? Continue reading →

Ethics Observations On Viking Adrian Peterson’s Child Abuse Indictment And Controversy

/ Jack Marshall / 33 Comments

switch

I am speaking and traveling today, so this will be necessarily and uncharacteristically succinct. I’ll return to many of these issues later.

From ESPN:

Minnesota Vikings star running back Adrian Peterson turned himself in to Montgomery County, Texas, authorities early Saturday morning. He was booked into the Montgomery County jail at 1:06 a.m. CT and released at 1:35 a.m. CT after posting the $15,000 bond.

Peterson had been indicted by a grand jury on charges of reckless or negligent injury to a child and a warrant had been issued for his arrest. He flew back early Saturday morning to Minnesota, where he has been deactivated for the Vikings’ home game against the Patriots on Sunday.

This has ratcheted up the focus on NFL player violence in the wake of the still roiling Ray Rice domestic violence controversy. Many fans, as in the case of Rice, are protesting the team’s punishment of Peterson.

Observations: Continue reading →

Janay Palmer’s Ethics Fallacy Cornucopia

/ Jack Marshall / 20 Comments

horn_of_plenty

I suffer pangs of conscience as I do this to Janay Palmer, who has plenty of other pressing problems, but it you are going to put out a public statement on social media that threatens to melt the ethics alarms of millions, you can’t reasonably expect me to stand by and take it.

Palmer produced this on Instagram in response to the NFL’s bizarre do-over on her husband’s punishment, which combined with his team, the Baltimore Ravens, releasing him as persona non grata, effectively makes Ray Rice an ex-star running back for the foreseeable future:

I woke up this morning feeling like I had a horrible nightmare, feeling like I’m mourning the death of my closest friend. But to have to accept the fact that it’s reality is a nightmare in itself. No one knows the pain that the media & unwanted options from the public has caused my family. To make us relive a moment in our lives that we regret every day is a horrible thing. To take something away from the man I love that he has worked his ass off for all his life just to gain ratings is a horrific [sic]. THIS IS OUR LIFE! What don’t you all get. If your intentions were to hurt us, embarrass us, make us feel alone, take all happiness away, you’ve succeeded on so many levels. Just know we will continue to grow & show the world what real love is! Ravensnation we love you!

Observations:

  • Who is her “closest friend?” Ray Rice, her husband and sparring partner? If your best friend is prone to punch you silly in elevators, I think your relationship either has trust issues, or should have. Does she mean his career, which is what actually “died”? That’s telling, if so, and crassly. Was her best friend really Ray’s 8 million dollar a year pay check? Did that justify standing up for the right of rich, famous celebrities to knock their arm-candy around when they think nobody’s looking?
  • Competence check: like it or not, Janay is in the public eye, and what she has to say right now is likely to be read far and wide. How about having someone literate check out your screed before reminding us again what a cheat the public school system is?
  • Janay’s husband beats her unconscious, she lets him get away with it and sends the message to women trapped in abusive relationships that security and a ring is worth the occasional black eye, and her position is that Rice’s demise is the fault of the media and the public? Let’s go to the videotape, shall we?

Continue reading →

Ethics Dunce: CNN Morning Anchor Carol Costello

/ Jack Marshall / 12 Comments
Sorry Carol; you should have had this years ago.

Sorry Carol; you should have had this years ago.

I just checked. I was certain that I had named Carol Costello an Ethics Dunce a half-dozen times at least, and discovered, to my shock and shame, that she has never been designated one here. Unethical Quotes of the Month, the chief offender in various disgraceful and biased performances by CNN or the news media as a whole, but somehow the most throbbingly ethics-challenged broadcast journalist not employed by MSNBC or Fox has never been honored as an Ethics Alarms Ethics Dunce!

Well, that streak ends now, and I can make it short and sweet.

This morning, Costello once again confidently proclaimed her lack of familiarity with the concept of ethics by summing up the conviction of former Virginian Governor Bob McDonnell and his wife for bribery and corruption this way:

“Now the Virginia legislature needs to pass tough new ethics laws so this never happens again.“

I’m just going to go into my shed with a hammer, and club myself into oblivion, because obviously my life is pointless and an utter failure. Continue reading →

Greyhound Racing Is Dying. Good.

/ Jack Marshall / 23 Comments

greyhound racing

The Washington Post informs us that greyhound racing, a  once popular form of gambling that as recently as 1991 brought in $3.5 billion and was operated at more than 50 tracks in 15 states, is in freefall and headed to oblivion. Betting on the dogs netted only $665 million in 2012, and just 21 tracks remain in seven states, with some of them already on borrowed time. Any decline in state sanctioned gambling is good news (yes, I am shedding no tears over the closing of one casino after another in Atlantic City, even the ones not owed by Donald Trump), but dog racing was always a particularly unsavory and unethical breed of the malady. Good riddance. The sooner that last greyhound has chased his last mechanical rabbit, the better off we are.

I have a bias here, it is true. My uncle, the youngest brother of my mom, was addicted to dog racing in Massachusetts, where the “sport” was banned in 2010, but not in time to save Uncle Charlie. He had a wife and two sons, and worked hard as a truck driver, but threw away an unconscionable percentage of his limited resources betting on racing canines. Maybe he would have crippled his prospects and harmed his family by finding other ways to waste his money if there had been no greyhound racing; probably he would have. Nevertheless, it was this corrupt, ugly, stupid gambling industry that wrecked his life. I hate it.

Dog racing was initially linked to allowing slot machines, another evil beast, to become legal, as little by little—first lotteries, then casinos—the states abandoned their ethical duties to embrace the cheap income that could be made by enticing the poor and the stupid to blow their paychecks on false hopes of a big jackpot. One they were hooked on the instant gratification of video poker and credit card one-armed bandits, however, greyhound racing became too slow a method of losing money. “It’ll take you half an hour to lose $50 at a racetrack. You can do it in five minutes sitting in front of a slot machine, ” said an insider interviewed by the Washington Post. This is called progress. Continue reading →

Sen. Gillibrand and The Pigs

/ Jack Marshall / 15 Comments
"I yield to the distinguished gentleman from the sty..."

“I yield to the distinguished gentleman from the sty…”

People magazine revealed an intriguing bit of Sen. Kirsten Gillibrand’s (D-NY) new memoir, “Off the Sidelines: Raise Your Voice to Change the World” that suggests that members of the Senate are not the “Distinguished Gentlemen” they are supposed to be, at least when it comes to basic manners involving female colleagues:

“Gillibrand isn’t especially offended by her coworkers’ remarks. ‘It was all statements that were being made by men who were well into their 60s, 70s or 80s,’ she says. ‘They had no clue that those are inappropriate things to say to a pregnant woman or a woman who just had a baby or to women in general.’ ”

Now some critics on the Right are using this as a “gotcha!”, suggesting that Gillibrand is protecting Democrats from negative attention for the same kinds of conduct that Gillibrand’s party and colleagues are quick to use against Republicans in its “war on women” strategy.

This accusation is beyond disingenuous, not to mention stupid. If Gillibrand were to publicly accuse a GOP colleague of such conduct, she would be accused, by these same critics, of being a hysteric, a bad colleague, unprofessional and petty—and they would be right. No professional woman responds to this kind of crude, obnoxious, “Look! I’ve-been-hiding-in-since-1970,” training-wheels harassment by making a public accusation that embarrasses not just the individual at fault but the organization they both work for. For Gillibrand to do this in the U.S. Senate would instantly make her a pariah even in her own party.

More importantly, it would be wrong. Continue reading →

Rationalization #44: The Unethical Precedent

/ Jack Marshall / 20 Comments

Man shrugs

44. The Unethical Precedent,

or

“It’s Not The First Time”

This rationalization can be another  variation on the Golden Rationalization, “Everybody does it,” like “It’s done all the time” and” “We’ve always done this,” but its intent is often different. The suggestion is that because an unethical act has been done before and presumably permitted, ignored, or endorsed, that presumptively ratifies the same or similar conduct as acceptable from now on. In fact, it does not. In fact, the argument is nonsensical.

An individual instance of bad conduct may have been tolerated or forgiven on the theory that a warning was sufficient, or that the circumstances prompting it were unlikely to occur again. That didn’t mean that the conduct was desirable, responsible, fair or something that would make a good societal norm. Moreover, “It’s not the first time” cuts the other way: if this conduct is happening repeatedly and with increasing frequency, that may make it worse, not more permissible.(“Hey, this isn’t the first shell that Hamas has shot into Israel! What are you getting so bent out of shape for?”) Continue reading →

Ethics Observations On The Latrez Cummings Sentence

/ Jack Marshall / 18 Comments
"I understand, son. We've all been at that awkward, "just want to beat the old white guy to death" age...."

“I understand, son. We’ve all been at that awkward, “just want to beat the old white guy to death” age….”

Detroit Third Judicial Circuit Judge James Callahan sentenced 19-year-old gang member Latrez Cummings to six months in jail for his participation in the mob beating of Steve Utash, a 54-year-old white man who jumped out of his car to assist a 10-year-old African-American boy after his pick-up truck hit the child. Cummings and at least 20 others on the scene attacked Utash and beat him severely, leaving him with permanent brain damage.

Judge Callahan told Cummings that the lack of a father was what led him to his current plight. “That’s all you have needed in your life, a father, someone to discipline you, someone to beat the hell out of you when you made a mistake,” Callahan lectured Cummings. “Without the guidance of a father, being 19 years of age, I can understand how some of these problems existed in the past.” The judge added that Cummings has suffered without “somebody to beat the hell out of you when you made a mistake.”  With the further rationalization, “We’ve all been 19 years of age, ” Callahan handed down the six month sentence, to be followed by probation.

The prosecutor, to her credit, went nuts. Said Assistant Wayne County Prosecutor Lisa Lindsey: Continue reading →

The Unethical Opposition To Tennessee’s Fetal Drug Abuse Protection Law

/ Jack Marshall / 48 Comments

200439961-001Tennessee is one of the most activist states that it comes to protecting children; for example, it has the among most stringent laws in the nation regarding the mandatory reporting of suspected child abuse. It also has a new law that just went into effect this month that allows officials to arrest mothers for assault who illegally use narcotics while they are pregnant if the child is born with symptoms indicating that the drug use impaired the child’s condition.

Predictable and tiresomely, the media and “war on women” scolds are attacking this is yet another incursion on the rights of women to have dominion over their own bodies. Think Progress, dishonestly, calls it a “pregnancy criminalization law.”  This is intentional misrepresentation, a TP specialty. The law doesn’t criminalize pregnancy in any way, by even the most distorted interpretation.  The knee-jerk opposition to the law highlights the problems of consistency and integrity that the women’s rights and pro-abortion forces have in all the areas relating to childbirth. Essentially, their position is that if conduct is related to child birth—or preventing it—in any way, anything they say, want or do must be accepted, and asserting otherwise, no matter what the justification, makes the government an oppressor of women. Continue reading →

Here’s A Solution To Five Guys’ Legal Problem: Stop Deceiving Customers

/ Jack Marshall / 66 Comments

Hot Dog

Darren Smith, one of the less-circumspect guest-bloggers that law professor Jonathan Turley inexplicably entrusts his blog to on weekends, wrote a post critical of Washington State for a law criminalizing the advertising of food as “Kosher-Style” when it is not, in fact, kosher.

Maybe he’s just a big fan of the offending restaurant chain he highlights, Five Guys, and is thinking with his stomach. Otherwise, he has no excuse for essentially giving a pass to intentional misrepresentation and fraudulent advertising as “no big deal.” Smith writes:

“Your author visited a Five Guys restaurant in Washington and did note that the “Kosher Style” hot dogs are cooked on the same grill as the beef, which would be a mixing of kosher and non-kosher foods in the making of the end product….The company has made an effort, on the company website at least, to note that these hot dogs are in the style of kosher and not actually kosher, but this might not be enough in Washington….There are numerous examples of products in the U.S. economy that use the word “Style” to declare that the food product is not actually as pure as might be expected of a product marketed without the word “Style”. Some examples might be “Artisan style breads” or “Honey style sauce” and do not necessarily break Washington’s, other states’ or Federal consumer protection laws. Yet Washington’s legislature decided that “style” was not enough with regard to differentiating kosher foods with non-kosher. It is either Pure or Not-Pure, and criminalized violations….It is certainly difficult to operate a business in numerous states having often greatly varied laws and administrative codes and when serving something as ordinary as a hot dog might possibly constitute a crime; it can make any business worry. Five Guys likely just wants to provide a menu its customers enjoy.”

Elsewhere in the article, Smith acknowledges that for certain religions eating non-kosher food can be “quite significant,” yet he pooh-poohs the effort of Washington legislators to stop establishments like Five Guys from using deceitful language to suggest that food is kosher when it isn’t. Disclaimers on websites and even menus come under the category of “fine print,” like “results not typical” in diet aid ads. Here’s a useful ethics tip: if you have to explain why your misleading description isn’t really misleading,  a) it’s misleading, and b) you know it. All Five Guys has to do to take itself out of legal peril is to stop misleading its customers. Smith, however, thinks the problem is the law. Continue reading →