Credit Ethics: New Ethics Alarms Policy

The sound of my palm belatedly smacking my expansive forehead

What will heretofore be referred to as “The Mary Frances Prevost Affair” has its silver lining. Watching another blogger incorporate the main body of my blog post into her own by-lined essay without credit or attribution has caused me to do a lot of thinking about the inadequacy of credit and attribution in the blogosphere  generally, with a relatively  few exceptions. Most of these are blogs written by academics who hold to the standards of their profession rather than the much looser practices of the internet. It also caused me to wake up to the inadequacy of my own attribution practices on Ethics Alarms. I have never taken an entire post from another source and represented it as my own, but I have frequently taken a factual account of a story from another website that itself was essentially  republishing, for example, an AP story, put the facts in my own words, sometimes with a stray phrase remaining, and not credited either source. I have often derived information in a post from multiple news sources but only linked to the one that I felt related the event the most thoroughly and clearly. Another writer’s work has sometimes sparked an idea for a post that was substantially different, and I have not credited the source of that spark.

All of this is common practice in blogging, but it is still wrong, and sloppiness is always a slippery slope. In the wake of “The Mary Frances Prevost Affair,” a colleague alerted me that I had included one complete sentence and part of another in an Ethics Alarms post that were identical to the post of another writer on the same subject. I didn’t even recall using the source, but upon going over my notes, I found that the earlier post had supplied me with the bulk of the facts I relied upon, though not the analysis of them. . I immediately contacted the author to apologize, and he was gracious and understanding. Nonetheless, this should never happen, especially on an ethics blog.

Therefore, as of today, Ethics Alarms will maintain a strict policy of crediting all sources that go into the inspiration, research and writing of the posts here. Links in the body of the text will be either be for informational purposes only, such as when I make a gratuitous cultural reference that nobody under the age of 50 is likely to recognize, or to back up direct quotes. At the end of each post, there will be credits and/or links listed, when appropriate, in some or all of the following categories: Continue reading

A Worm In The Culture: Warped Competition Ethics

I'm sorry, Serena, but you're just too good to be on the tennis team. We've decided that you should be on the chess team.

It is difficult for me to comprehend the kind of thought processes that Southampton (New York) High School to ban student Keeling Pilaro, the only boy on  the school’s field hockey team, from playing this season because he is too good at the game, which he learned as a child in Ireland.  I do know their logic is unethical, un-American, and unfair, at least as unfair ought to be defined in the land of the free and the home of the brave.

“They told me I wasn’t allowed to play because I had advanced skills that I learned in Ireland,” Keeling told  local TV reporters. “They told me because I have an ‘adverse effect,’ but they didn’t even explain what the adverse effect was, so that’s what I’m kind of confused about.”
The executive director of the Suffolk County field hockey organization told the local Fox affiliate that the boy was being banned because field hockey “is a girl’s sport.” “When a boy plays,” he explained, “it leads the way for other male players to come in and take over. “[Keeling is] having a significant adverse effect on some of his opposing female players. The rules state he would be allowed to play if he wasn’t the dominant player.”

“Adverse effect,” in field hockey-speak, apparently means an unfair physical advantage, danger to opponents,  keeping a girl from getting more playing time or taking away from a female’s ability to garner postseason awards.

Ah. So we’re talking about discrimination, then, are we? Just so we have our terms straight.

If the woman’s movement has integrity, and it often doesn’t, we would see women protesting this indefensible treatment of the sole male player on a female team. The only field hockey team in the school is the girl’s team: Keeling, by the same principles of fairness and equal opportunity that have been enforced to allow girls to try out for boy’s wrestling, football and baseball teams in high schools and colleges around the country if they have the skills to make the team, should have every right to play on the only field hockey team there is, and not be penalized for his superior skills. Have authorities ever kicked a girl off a field because she was too fast, too strong, too skilled, too good? Would they? I certainly hope not.

Imagine if Ted Williams, LeBron James, Joe Montana, Bobby Orr and Serena Williams had been kicked off their high school teams because they dominated. What kind of Maoist, mediocrity-rewarding, excellence-stifling values is Southampton High trying to infect the nation with by penalizing high performance and achievement? Apparently they don’t understand the nature of competition, which is a serious handicap for a school, and a malady that should not be passed on to a single student. The outstanding competitors make every other player better, unless a player doesn’t want to make the effort, doesn’t have the character to accept that one doesn’t have to win to achieve something important in a contest, or is playing for the wrong reasons. I remember that I was once admonished by a stage director of an amateur production that I was too skilful and experienced for the rest of the cast, and was making them look bad. I was aghast then, and that conversation makes me angry even now, decades later. “Tell them how to be better, then, ” I told her. “Because I’m sure not going to try to do any less than my best.”

We have to decide if we’re really serious about gender equality or not. Keeling is not bigger than the girls on his team, and he doesn’t have a beard and 18 inch biceps. There are two things different about him, and two things only: he is really good, and he has male genitals. I thought the lesson of the women’s movement was that one’s genitals shouldn’t matter, that what mattered was whether you could do the job. Or does that rule only apply to female genitals?

I can certainly understand, if not the logic that is stopping Keeling Pilaro from playing the sport he loves, where the seeds of such illogical logic come from. The seeds come from the bizarre regulations that allow women to be firefighters with upper body strength that would disqualify male recruits, and female soldiers to be certified as combat ready without having to meet the same requirements as a male soldier. They come from affirmative action. When equality doesn’t mean equality in our nation’s increasingly warped, discrimination-is-fairness culture created by regulators, activists and bureaucrats, “Through the Looking Glass” decisions like this one, telling a player he’s too good to be eligible for the team, can begin to make sense.

It doesn’t make sense. It’s not fair, it’s not healthy, and if one applies Kant’s Rule of Universality to it, we end up with a nation of gray, where, as the old Chinese proverb cautions, “the protruding nail will he hammered down.” No more Babe Ruths, no Dana Torreses; no David Beckhams, no Michael Jordans, no Carl Lewises, no Muhammad Alis, no Tiger Woods. And also, as this infection spreads, no Meryl Streeps, Thomas Jeffersons, Thomas Edisons, Eugene O’Neils, or Barbra Streisands. After all, we mustn’t make the less talented and accomplished look bad, feel bad, or make them have to aim higher and work harder to achieve their dreams. It’s wrong to excel. It has an “adverse effect” on those who can’t or won’t.

We all have a stake in whether Keeling Pilaro gets to play field hockey this fall.

The Plagiarist Strikes Back!

Move along, Atticus. Nothing to see here, and I wouldn't want you to barf.

Well, some of you called it. I was a sap. I expected better.

Mary Frances Prevost, the California criminal law attorney who substantially expropriated an Ethics Alarms post and placed her name on it, responded to my request for an explanation, and failing that, an apology, a retraction, and proper credit, with this (on her Facebook page), in which she said, in part:

“I received a histrionic run-on-sentence email from someone named “Jack Marshall” today accusing me of committing crimes, threatening to report me to my bar association(s), the Inns of Court, and essentially spend your days and nights harassing me.” I have also viewed a a highly unethical rant published purportedly by you on a blog suggesting strongly that I have engaged in unethical conduct throughout the entire course of my career. I have counseled with one of the country’s premiere ethics attorneys. Here’s the result: 1) accusing me of a crime is defamation per se and unethical; 2) suggesting that my entire law practice has been based on unethical conduct is defamatory and unethical. I maintained copies both of your email and blog. It is clear that you are hell bent on engaging in systematic harassment and unethical conduct, the likes of which can, and most likely will, develop into a lawsuit unless rescinded forthwith. It is clear you have little to do in your life besides sent me emails accusing me of crimes, and writing poorly written blog posts accusing me of immoral behavior. Interesting how one making such claims, engages in most egregious conduct himself….But the sheer amount of energy really suggests something more: a lack of work; too much time; off your meds. I suggest you take a look inward and remove your defamatory and unethical blog post regarding me. Indeed, you should come clean on your blog. You’ve practiced law only two weeks before giving up. Yet, your resume suggests far more experience. I think you should rethink what you’ve done.”

Now how do you like that? Continue reading

Is a Plagiarist a Trustworthy Attorney? Let’s Ask Mary Frances Prevost!

This is me, apparently.

San Diego criminal defense attorney Mary Frances Prevost has an interesting post on her blog about the ethics of George Zimmerman’s first set of attorneys.

MINE.

You wouldn’t know it was mine, of course, because blogger/attorney/ former Washington Post journalist Prevost has slapped her own name on it. There it is, right at the beginning: “by Mary Francis Prevost.” I think that’s interesting.

Her post, entitled “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”, was posted the same day as the Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”, which began, coincidentally enough, by quoting John Steel’s post from the Legal Ethics Forum that read, “[S]hut up, guys. Shut the h*** up.”  It was two introductory paragraphs later, however, when “her” post got into the substance of “her” analysis of the ethical problems with the farewell press conference given by George Zimmerman’s attorneys shortly before the shooter of Trayvon Martin was charged, however, that I really began getting a serious dose of deja vu, also known as “Holy crap! This woman stole my article!” Continue reading

Internet Betrayal: The Dork, The Spreadsheet, and the E-mail Avenger

If someone sends you an obnoxious, arrogant, idiotic or otherwise embarrassing e-mail, the ethical thing to do is to tell the individual what’s wrong with it, and perhaps save them from future embarrassment. The principle is simple: The Golden Rule. When you send a private message to someone and pour out your heart, empty your skull, vent your spleen, or otherwise express things you probably should have slept on and moderated in the clear light of day, you don’t want your correspondent to use the internet as a weapon against you and introduce you to millions at your worst. It is a terrible, cruel, indefensible thing to do…to anyone. Continue reading

Trayvon Martin-George Zimmerman Ethics Train Wreck Post-Bail Update

Sadly, still with a good head of steam...

George Zimmerman has been released on $150,000 bail, prompting more ethical misconduct from the media and the lynch mob on the Left:

  • Cable news was reporting that Martin’s parents are “devastated” at the news of Zimmerman’s release. They should not be devastated that an innocent man (in the eyes of the law) is not being forced to stay in prison for more than a year to await trial, and the fact that they are suggests that vengeance, not “justice”, is their true objective. Meanwhile, for CNN et al. to be reporting this as if releasing a defendant on bail is some kind of gift to Zimmerman or affront to Martin’s family is irresponsible and provocative. The news organizations have an obligation to explain that bail is based on the likelihood that the defendant is not a danger to others and not a flight risk. Zimmerman is neither: he turned himself into police as soon as he was charged, and has ties to the community. In America, we do not keep people in jail before they have been convicted unless it is absolutely unavoidable. Citizens interested in ‘justice” should not be devastated when any fellow citizen is afforded freedom up to and until his guilt of a crime has been proven. It is a right they may need themselves some day. Continue reading

Ethics Dunce, Trayvon Martin-George Zimmerman Ethics Train Wreck Division: Mansfield Frazier

"Do the right thing, George. Or else."

Mansfield Frazier, whose name I was blissfully unaware of until I read his astounding opinion piece in The Daily Beast, thinks that in order to prevent another set of deadly riots along the lines of what occurred when the police who beat Rodney King were acquitted, George Zimmerman should be persuaded to accept a prison sentence without a trial by jury of his own. “The time is now for strong hands to take the helm and steady the ship of state—not to mention our national racial, political and legal discourse. The paramount concern has to be to avert a large-scale racial calamity.” he writes.

No, the paramount concern is for the justice system to give George Zimmerman the same due process of law, same fair trial, same guaranteed legal defense and same right to a trial before his peers as any other citizen accused of an alleged crime that has not been used to fan racial hate and suspicion on MSNBC. Those concerned about potential race riots should look to the people who irresponsibly lit the fuse to ignite them, and order them to snuff out the flame. Those concerned should observe the actions of the Florida prosecutors, who have given every indication that they either have no valid case or are incapable of presenting one. They should seek to discipline a national news media that has misinformed the public about the case, stating that there were elements of racism and profiling in Trayvon Martin’s death when the evidence so far firmly establishes neither. It is not George Zimmerman’s responsibility to sacrifice his freedom to prevent a social calamity that was not and will not be of his making. Continue reading

Joke Ethics: The Obama Dog Jokes Dilemma and The Gut Test

The question: how should fair and ethical people regard the viral “the President eats dogs” jokes? This depends on the standards we choose to apply—and remember, double standards are banned.

  • Is it a humor standard? Political jokes don’t have to be fair; most of them aren’t. They have to be funny. If they are funny, they don’t have to be especially tasteful, either.
  • Is it a motive standard? If the real motive for the flood of jokes is to undermine the President in an election year by using absurd images to make him look ridiculous, should that be condemned? Continue reading

Teacher Manuael Ernest Dillow: An Ethics Dunce, But, Of Course, An Aberration

“THIS will teach you lousy kids not to disrupt class….KIDDING!!!”

We don’t have to belabor this one. Manuael Ernest Dillow, a welding teacher at a vocational school in Abingdon, Virginia, wanted to get the attention of his students, so he lined up twelve of them against a wall, took out a pistol, and fired at them multiple times. The gun was loaded with blanks.

Oh! Well that’s all right, then!

This idiot was arrested, and it looks like there is a good chance he’ll get serious jail time. Obviously he is an aberration in the great, essential and honored field of teaching. Continue reading

Trayvon Martin-George Zimmerman Ethics Train Wreck Update: The Special Prosecutor Buys a Ticket!

Don’t tell me Angela Corey is unethical too! Hey…I told you not to tell me!

Here, almost in its entirety, is noted legal ethicist Monroe Freedman’s post on the The Legal Ethics Forum, regarding Special Prosecutor Angela Corey’s outrageously unethical press conference. I was going to post on this myself, but I could not improve on Prof. Freedman, which should come as no surprise to anyone familiar with his career and contributions to legal ethics theory. His title was “Trayvon Martin, Angela Corey, and Prosecutors’ Ethics.”  When I read it, the only thing I could say was “Bingo!”  From here on, it is all Monroe:

“Special Prosecutor Angela Corey used her press conference to establish three things.

“First, her investigative team… “worked tirelessly” in a “never-ending search for the truth and a quest to always do the right thing for the right reason.”  We are “not only ministers of justice,” we are “seekers of the truth,” and we “stay true to that mission.” Continue reading