New Jersey

Schemes, Slander and Deception: The Most Unethical Maneuvers of Campaign 2010

/ Jack Marshall / Leave a comment

Well, I have to admit they were creative. And despicable.

2010’s most unethical maneuvers ran the gamut from lying to zombie exploitation, from false identity to extortion. Unfortunately, most of the worst stunts were pulled by or on behalf of Democrats; I say unfortunately because I try awfully hard to keep these kinds of lists in partisan balance. But the Democrats and their progressive fans were especially slimy this time around, and it it figures. When the going gets tough, the tough get unethical, and it is the Democrats who are facing ballot box carnage. They have been pushing the envelope, to say the least, in their campaign tactics, and I think it probably made their situation more dire rather than less.

Here, in reverse order of ethical outrageousness, are the Ten Most Unethical Maneuvers of Campaign 2010: Continue reading →

The Facebook Founder’s Sinister and Unethical Hundred Million Dollar Gift

/ Jack Marshall / 3 Comments

When is a hundred million dollar gift to help schools unethical?

It is unethical when it represents the power of money taking control of government. It is unethical when it induces politicians to breach their duty to obey the law. It is unethical when it demonstrates that the principles of democracy and law can be bought, sold, and distorted for a price.

In a shocking development last week that received very little thoughtful or critical coverage from the news media, Facebook mogul and co-founder Mark Zuckerberg gave the Newark schools $100 million in return for dictating how the schools are run. Zuckerberg, backed by Oprah Winfrey, another billionaire, who put the school governance sale on her TV show,  wants Newark Mayor Cory Booker to run them.  New Jersey Governor Chris Christie, who also appeared on the strange Oprah segment, has agreed in principle to make Booker the overseer of his city’s infamously bad school system. As for the fact that a New Jersey statute doesn’t allow the governor to put the mayor of a city in charge of its schools once the state has taken over control of them, well, money, not the law, rules in New Jersey, and that appears to be just dandy according to the state’s governor, Zuckerberg, Oprah, Republicans, Newark parents, news editors and citizens.

Meanwhile, that whirring sound you hear is Thomas Jefferson spinning in his grave. Continue reading →

The Legal Rape, and the Limits of Cultural Tolerance and Religious Freedom

/ Jack Marshall / 14 Comments

Sometimes conduct is just wrong, and a culture should be able to reject and condemn it confidently without engaging in navel-gazing over cultural tolerance and diversity. The position, unfortunately popular, that all cultural determinations of right and wrong are equally valid is both lazy and insidious, though it has wormed its way into the minds of some who would cal themselves “progressive,” but who are more appropriately called “confused.”

In this category is a New Jersey Court judge, who refused to find a Muslim defendant guilty of sexual assault despite undisputed evidence that he raped his wife multiple times, (immediately prior to their divorce), saying at one point,

“You are my wife, I can do anything to you. The woman, she should submit and do anything I ask her to do.” Continue reading →

Avocations and Conflicts of Interest, Part II

/ Jack Marshall / Leave a comment

As if to give ethical guidance to conflicted umpire Joe West, a similarly conflicted judge has shown Country Joe the way by quitting the bench to avoid ethical conflicts.

Admittedly, the ethical issues surrounding independent filmmaker/ New Jersey Judge Kenneth Del Vecchio are a little bit different from Joe’s. One of his creative efforts was called “O.B.A.M. Nude,” and was a satirical critique of the President, though Del Vecchio played the Obama-like hero himself. A judicial ethics panel opined that his film exploits raise the specter of an ethical conflict under the Code of Judicial Conduct, presumably including the section that reads, Continue reading →

Rebate Ethics

/ Jack Marshall / 8 Comments

I  hit the roof yesterday when I found out that we had missed the deadline to apply for the promised $100 rebate on my son’s fancy cell phone. To make myself feel better, I checked with Consumers Reports and some other sources: sure enough, the Marshalls are not alone. It is estimated that 40%-60% of all rebates go unclaimed, to the tune of 4 billion dollars. What a deal for retailers! They lure you to the store with low prices. When you get there, you discover that the price will only truly be low after you mail in a rebate request and get a check in return. But you’re in the store, and have made the emotional commitment to buy. Later, you may find out that the various hoops you have to jump through to get the rebate back are annoying and time-consuming, and easy to botch. If you are busy, you may put it aside—and ninety, sixty, thirty, or even just seven days later, the rebate offer expires.

Are rebates ethical, or are they a particularly insidious form of consumer fraud, using the well-document human characteristics of impulse buying, inattention to detail, short attention span and procrastination against consumers to make millions of dollars in money that was supposed to be discounted but never was? Continue reading →

Self-Destruction Ethics Alarms: A Woman’s Unethical Quest For Fat

/ Jack Marshall / 3 Comments

Yesterday, the world heard about Donna Simpson, a New Jersey woman who weighs in at about 500 pounds. She sasy she wants to be the fattest woman alive, and is managing her diet and exercise to achieve that lofty goal. Of course, all those Twinkies and pork rinds cost a lot of money—her weekly grocery bill averages more than $800—so she earns extra cash by putting herself on Gluttoncam, or whatever she calls it, where freakophiles can watch her gorge herself online for a reasonable fee. Her partner, the news reports say, is completely supportive. “I think he’d like it if I was bigger,” giggles Donna. “He’s a real belly man and completely supports me.”

Okaaaaay….

Obviously this situation is unusual…at least, I hope it is. Still, it raises many difficult ethics questions, some with broad implications:

  • We are told that it is cruel, greedy and heartless for insurance companies to withhold coverage for “pre-existing conditions,” and should be compelled to insure everyone without regard to special risks. Does this apply to Donna Simpson? Continue reading →

The Not-So-Baffling Mystery of the Missing Ethics Rule

/ Jack Marshall / Leave a comment

ABA  Model Rule 7.6: Political Contributions To Obtain Legal Engagements Or Appointments By Judges
A lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.

That’s pretty clear, is it not? The American Bar Association, in its Model Rules of Professional Conduct, now followed (in various, eccentric forms, to be sure) by 49 states, the District of Columbia and Puerto Rico, emphatically declares that “pay-to-play” arrangements are unethical for lawyers even in states where the sleazy practice might be legal. “Pay-to play” is, after all, classic corruption, older than Mayor Curley, Richard Daley, Boss Tweed and Mister Potter. Lawyers contribute big bucks to the campaign funds of state and local powerbrokers, including Attorneys General and judges, and get big state contracts in return. It is indefensible ethically, although you can find plenty of people who will defend it, their tongues crossed tightly behind their backs all the while. Continue reading →

The 2009 Ethics Alarms Awards, Part 1: The Worst

/ Jack Marshall / 14 Comments

Welcome to the first annual Ethics Alarms Awards, recognizing the best and worst of ethics in 2009! These are the Worst; the Best is yet to come. Continue reading →