honesty

Ethics Quiz: The Strange Case of the Illegal Lawyer

/ Jack Marshall / 14 Comments

“Hey Fred! Here comes your attorney!”

Sergio Garcia was brought across the Mexican border into California, at the age of 17 months, by his illegally immigrating parents. Thanks to the muddled and inconsistent enforcement of its immigration laws, Garcia graduated from Chico State University, a Florida law school and passed the California State Bar exam in July 2009., all while being in the country illegally. Now a special committee of the California Bar has recommended that he be licensed to practice in the state, but the California Supreme Court has reservations, and wants to read briefs on the issue. That issue is also the Ethics Alarms Quiz this weekend, and I must admit, it is a question I never thought would rise to status of a debate:

Should an illegal immigrant be allowed to practice law? Continue reading →

The Significance of “Pow Wow Chow”

/ Jack Marshall / 29 Comments

Great title, by the way….

There is mostly bad ethics news for Elizabeth Warren fans from the re-discovery of the 1984 cookbook she contributed to called “Pow Wow Chow,” but some good news too. The good news is that the 28 year-old cook book, edited by her cousin and listing the current Harvard professor and Democratic Senate contender as a contributor named “Elizabeth Warren, Cherokee,” shows that Warren didn’t just concoct her claims of Cherokee heritage to achieve minority status to help her get faculty jobs through university diversity hiring policies. Oh, she intentionally employed her dubious heritage credentials to get that edge, no doubt about it. But the cookbook shows that though she was only 1/32 Native American by the most generous calculations and was assuming that lineage on the basis of hearsay alone, Elizabeth Warren really had convinced herself that she is a Cherokee, and probably believes it to this day. Hence her obsession with being able to call herself a Native American appears less opportunistic and more, well, nuts. [ Note: for a thorough though excessively sympathetic review of Warren’s claims, read this, in The Atlantic.]

In fact, it looks like a severe case of Sixties Liberal Delusion Syndrome, also known as Billy Jack Disease. Warren talks and writes like a stereotype campus liberal, and like her Sixties campus forbears, she must have figured out in early adulthood that kinship with oppressed minorities is the antidote to white guilt and the ticket to a perpetual state of self-righteousness and victimization. If my diagnosis is correct,  Warren’s lockstep liberal mindset seized upon her family lore about American Indian heritage, and installed it as a cornerstone of her self-image as a foe of the capitalist, white-dominated American power structure. I am sorry I doubted her; I now think it is likely that she has long thought of herself as a true Cherokee. True, I think that is ridiculous; I think extending that attenuated minority identification into a resume enhancement, allowing her to displace more deserving candidates, is indefensible; and I think her obsession calls her judgement and stability into question. But at least she wasn’t lying. About that.

Yes, this is the good news.

The bad news is that Warren’s contributions to the cookbook appear to be misrepresented and stolen. Continue reading →

Editor, Plagiarist and Ethics Dunce Extraordinaire Robert Ripley Meets His Worst Nightmare…

/ Jack Marshall / 18 Comments

….and that nightmare is Duane Lester, a hard-working, honest, courageous, organized and determined blogger who wasn’t going to let a newspaper rip him off and get away with it. Lester researched and posted an original local news story, a true scoop, and days letter was shocked to find that a local paper, the Oregon Times Observer, had lifted his entire post and put it on the paper’s front page, without credit, permission, or attribution. Shocked and unprepared for such flagrant and shameless appropriation of his labors, he researched the issue, wrote a letter, and then visited the paper to demand payment. Brilliantly, he also brought along a friend with a video camera.

The whole story, as well as the enlightening and satisfying confrontation between the Blogger and the Word Thief, is on the resulting video. There is a lot to see here.

Continue reading →

Ethics Round-Up in Race, Religion and Sex: GOP Bigotry, Georgetown’s Integrity, and Warren’s Absurdity

/ Jack Marshall / 26 Comments

Help! I’m buried in great ethics stories!

This is one of those periods in which there are so many juicy ethics stories that I am falling far behind. Here are three that are worthy of longer treatment that I can’t allow to get lost in the crowd: Continue reading →

Time and Newsweek: Reaching The Dregs, and Ethics Be Damned

/ Jack Marshall / 25 Comments

Dishonest or tasteless? Irresponsible or sensational?  A lie or a crime? The nation’s two, sad, archaic, useless, shameless, diminished news magazines, Time and Newsweek, both reached new lows this week as both magazines desperately brayed for readership with eye-catching covers that are to good journalism what Britney Spears will be to good judging in her new gig as a panelist on “X-Factor.”

I was going to make this an ethics quiz—which is more unethical?—but decided it was futile. The Time cover is colorable kiddie porn, using a (God, I hope!) photoshopped image* that no child should  be permitted to see on a news stand. The Newsweek cover, in addition to continuing the publication’s unconscionable deification of Barack Obama no matter what he does, is a lie. Obama isn’t gay. Newsweek is making a rhetorical link between Obama’s (vastly over-praised and still tepid endorsement of gay marriage) empathy with gays and Bill Clinton’s faux-status as the nation’s “first black President, but it is fatally flawed, logically and graphically. Everyone knows Bill Clinton isn’t literally black (except, perhaps, in the way Elizabeth Warren is Native American), but we can’t see that Obama isn’t gay from his image on the cover. All there is the copy: “The First Gay President.” There are people who will believe that, and who will see the cover without buying the magazine, since almost nobody buys either magazine any more.

Neither cover is responsible journalism. Both are graphic desperation, with neither magazine showing respect for readers, their topics, or their own distinguished pasts.

* Boy, was I wrong.

____________________________________________

Graphics: Time and Newsweek

Ethics Hero: Hillary Clinton

/ Jack Marshall / 10 Comments

Those are four words I once would have bet I would never type.

Real. Honest. Brave. Beautiful. Thanks.

The Secretary of State deserves them though, for appearing in public, before the cameras, with no make-up and just a touch of lipstick. Let Fox News and the Matt Drudge mock: Hillary didn’t “forget her make-up.” She just decided “to hell with it.” And, as the Washington Post correctly noted, she looks just fine.

I just spent an event sitting next to the wife of a friend. She must be pushing 70, and her face and hair would not provide a single clue that she was more than 45, except for this: but for the movement of her eyeballs and occasionally her lips, her expression was completely unchanging.It was creepy. Her husband, whom I hadn’t seen in about ten years, was aging normally, but now his marriage of 40-plus years looked like he had robbed the cradle, albeit the cradle of a family afflicted with genetic facial paralysis. What’s the point? Why do American women feel the need to feign youth, even to those who they can’t possibly fool? Hillary looks like a real person to me; my friend’s wife looks like she may crumble into dust when the sunlight hits her. Continue reading →

Elizabeth Warren and an Affirmative Action Flashback

/ Jack Marshall / 33 Comments

Over at Popehat, Patrick, the more flamboyant of the libertarian performance artists who blog there, has erected a harsh condemnation of Elizabeth Warren’s attenuated Native American pose, as well as her subsequent defense of it. A sample:

“The truth about Elizabeth Warren is that, when she chose to call herself a Cherokee Indian, she failed to consider that she might one day be called on her claims. The truth about Elizabeth Warren is that her decision to call herself a Cherokee Indian, at a time when she thought no one would ever call her on her claim, was more revealing of her character than all of her actions since becoming a politician in the spotlight. The truth about Elizabeth Warren is that she will lie about her background for professional advantage when she thinks that she can get away with it. The truth about Elizabeth Warren is that it is only now dawning on her that lying about one’s race in order to gain affirmative action benefits is considered, by many, to be no different from lying about one’s college diploma, or lying about winning the Congressional Medal of Honor. The truth about Elizabeth Warren is that she is no more deserving of a seat in the United States Senate than she is of a seat on the Cherokee Nation’s tribal council.”

I more or less agree with Patrick on all points, and the criticism of his post from commenters has reinforced that conclusion. For the most part, their protests boil down to “but she’s a liberal/Democrat/ ally of the 99% and running against a Republican, and that’s what matters, not her character!” If it hasn’t already become obvious, the official position of Ethics Alarms is that if the public chose its elected officials on the basis of demonstrated virtues like  integrity, courage, honesty, fairness and responsibility rather than partisan affiliation, single issues and official policy positions, the nation would be far better served. Patrick’s post, however, following on the heels of my own, also sparked a flashback to a conversation I had almost 40 years ago, when I was working in the administration of Georgetown Law Center. Continue reading →

The Schizo Principal’s Facebook Dilemma

/ Jack Marshall / 5 Comments

Principal Losos, a.k.a Suzy Harriston. Don’t ever call  her “Sooz”.

In Clayton, Missouri, the high school principal has resigned after being outed as a fake student on Facebook. Posing as Clayton High student Suzy Harriston, Principal Louise Losos amassed over 300 student friends from her school, until a former student pierced her false identity and urged everyone to de-friend it. Poor, fictional Suzy vanished, and shortly afterward so did Louise, who was placed on a leave of absence. Now she has resigned.

Can anyone think of a good reason why Losos should not have lost her job? In addition to being creepy, her posing as a student was a lie, and hardly proper conduct for the head of a school, a role model, and an ethical exemplar. If she were investigating a murder, or a series of unexplained thefts, or a suspected Al Qaeda cell working out of the Science Club, she might have some ammunition on her side, but the only use she seems to have put Suzy to was building student support for a friend of hers, a physical education teacher, whose job was in jeopardy.

There was one note in the Yahoo! report that complicates the analysis: Continue reading →

“Baghdad Bob” Dionne’s Orwellian Flackery

/ Jack Marshall / 7 Comments

Baghdad Bob

There was a time long ago when columnist E.J. Dionne Jr. was legitimately regarded as the liberal twin of uber-consvervative Charles Krauthammer, a persuasive, analytical, fair, ideologically consistent political commentator. Somewhere along the line Dionne decided to recast his role as a full-time flack for the Democratic Party. His cheerleading became shrill and increasingly dishonest, often to the point of ridiculousness: James Taranto of the Wall Street Journal now regularly refers to Dionne as “Baghdad Bob,” after Saddam Hussein’s ridiculous Information Minister during the Iraq invasion, who issued straight-faced  on-air declarations that the Americans were being thrashed even as world viewers could see convincing contrary evidence in news reports, and Iraqi citizens could see the truth out their windows.

I now ignore Dionne, because he has no credibility at all. His readers must consist almost entirely of close-minded partisans on the left seeking comfort food, close-minded partisans of the right seeking an injection of adrenaline, and unsuspecting, trusting readers who don’t realizethat they are being misled. Having just finished posting here about Connecticut lawmakers passing a ban on the death penalty that is as cowardly as it is incoherent, my early morning head nearly exploded to see the headline on Dionnes’ column this morning about the same law. The headline?

“Connecticut’s Courage” 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 →