Miami Dolphins

Post Road Trip Ethics De-Brief, 11/20/2019, AND Morning Warm-Up, 11/21/2019

/ Jack Marshall / 30 Comments

Bvuh.

Thinking is a chore right now, never mind typing.

We returned from a triumphant two-Darrow ethics program New Jersey tour, highlighted by the intense Darrow oratory performed by actor/legal instructor Paul Morella. This does a cynical ethics CLE presenter’s heart good: finding myself short of time, I asked the assembled NJ Bar members to vote on whether Paul should omit Darrow’s famous Leopold and Loeb closing argument, or Darrow’s own desperate plea for an acquittal when he faced a jury considering his own guilt of jury tampering in the 1911 MacNamara case. The group almost unanimously voted that we complete both closings, with my ethics commentary as well, bringing the program to an end almost a half hour later than scheduled. Nobody left, and believe me, in most CLE seminars, the lawyers seldom stay one second longer than they have to.

Brought a tear to my eye…

No rest in sight, though: tomorrow, I take an early flight to team up with rock guitar whiz and singer Mike Messer in Las Vegas for Ethics Rock Extreme. And I’m punchy now...

1. Well, maybe the NFL is learning…News item: The Miami Dolphins released already suspended running back Mark Walton on Tuesday, hours after he was arrested on charges of punching his pregnant girlfriend multiple times in the head. Walton had been serving a four-game suspension because of  three arrests before the season started. He was sentenced in August to six months’ probation after pleading no contest to a misdemeanor weapons charge.

Now let’s see if the Patriots sign him…

2. Just a quick impeachment hearings note: It is astounding to me that witnesses are being called by the Democrats to testify regarding their opinions on a President’s phone call to a foreign leader. Big black headlines shout that witnesses called a phone call “inappropriate.” Who cares? The President has the authority to decide what is “appropriate,” and there are no impeachment articles in the Constitution designating “acting inappropriately” according to someone else’s opinion as a “high crime and misdemeanor.”  Leaders become leaders because they do thinks that others think are “inappropriate.”

Don’t get get me  started on presidential actions through the centuries that experts, government veterans and other critics at the time thought were “inappropriate,” or worse.

I started compiling a list of what I would consider genuinely impeachable actions by past Presidents The list makes the current impeachment push look even more contrived than it already is.

3. I see that the group that surreptitiously filmed Planned Parenthood staff discussing abortions was hit with over 2 million dollars in damages. Good. Continue reading →

Preliminary Ethics Observations On The NFL Bullying Scandal

/ Jack Marshall / 29 Comments
The bully and the bullied.

The bully and the bullied.

If you are unfamiliar with this story, the details are here. There is much that remains in question, but the basic outline of the incident is this:

  • The Miami Dolphins, like most professional football teams and also most college teams, have a tradition of “hazing” rookies, humiliating and harassing them in various way, “all in good fun, of course.”
  • The ironically named Richie Incognito, a starting guard for the Dolphins, was known as an especially relentless and enthusiastic hazer.
  • Last weak, the team’s second-year tackle Jonathan Martin walked out on the squad and checked into to a hospital, saying he could  he could no longer deal with the continued harassment from his teammates.
  • Incognito was shown to have referred to Martin using abusive language and racial epithets in voice messages.
  • Based on the evidence of the voice mails, the Dolphins suspended Incognito, who is being defended by his team mates. Sources are saying that his career with the Dolphins, and perhaps the NFL, may be over.
  • It is likely that the Dolphin coaches were aware of Martin’s hazing.

This is the perfect ethics problem to approach with what I regard as the most important clarifying question in beginning any ethical analysis:  What’s going on here? Continue reading →

Ethics Quote of the Week: Dolphins linebacker Karlos Dansby

/ Jack Marshall / 1 Comment

“He’s just taking after the head coach, man. It all trickles downhill. That’s how I look at it, it trickles downhill. The head coach, he opened a can of worms over there and now he’s got to fix it.”

Dolphins linebacker Karlos Dansby, commenting on the outrageous conduct of  New York Jets trainer Sal Alosi ,who intentionally tripped a Miami Dolphins player on the sideline during a game Sunday. Alosi was suspended without pay for the rest of the season, including the playoffs, and fined an additional $25,000.

Dansby is exactly right. Continue reading →