New York

The Great Norwalk Kindergarten Heist

/ Jack Marshall / 8 Comments

The Tanya McDonald controversy

A homeless woman is facing 20 years in prison if she is convicted of stealing over $15,000 of Norwalk, Conn. taxpayer funds. The details of her crime are controversial: she lied about her residence to get her child into what she believed was a better school system, but one that, as non-resident, she was not entitled to use. The details also create a tangled mess of law, justice, ethics, fairness, compassion, public policy, finances, class and education.

Let’s try to unravel it, shall we? Continue reading →

Quiz: Which Law Enforcement Fiasco Was More Unethical?

/ Jack Marshall / 10 Comments

It’s Quiz Time!

Chief Wiggum would be an upgrade.

Today’s topic: Why the public doesn’t trust the law enforcement system. Here are two horrible and true, tales of AWOL ethics involving law enforcement in New York and Tennessee. Which is more unforgivable, A or B?

A. Brooklyn, NY: The Perpetual Warrant

What is the fair limit of “the police made  an honest mistake”? Let’s say the police have a warrant to search your house, and come to your door because they got the address wrong—and it’s a mistake. At least they didn’t break down the door in the middle of the night. OK, mistakes happen. Then they come again, because they got your address in error again. Annoying, but they seem embarrassed: they aren’t trying to harass you.

And then they arrive 48 more times. Continue reading →

Ethics Hero: New York Courts

/ Jack Marshall / 11 Comments

Bravo!

New York’s court officials have decided to bar New York’s elected judges from hearing cases involving lawyers and others who make major financial contributions to their campaigns. The New York Times reports that the new rule of the state court system will be announced this week by Jonathan Lippman, the state’s chief judge. “It is believed to be the most restrictive in the country, bluntly tackling an issue — money in judicial politics — that has drawn widespread attention,” said the paper.

The new rule decrees that “no case shall be assigned” by court administrators to a judge when the lawyers or any of the participants involved donated $2,500 or more in the preceding two years. Continue reading →

Comment of the Day: “How Not To Promote Tolerance and Undersatnding of Muslim Culture

/ Jack Marshall / 9 Comments

From Jeff, a.k.a. King Kool, discussing a Muslim TV executive’s murder and beheading of his wife, who with him founded a New York tlevision channel aimed at promoting better understanding and less fear of Muslims:

“…This will certainly not promote tolerance, but in its own horrible way, it might promote understanding. On the one hand, all variety of men are capable of producing the sort of person who would sooner slay their significant other to avoid the shame of divorce. In a strange way, this just says that they’re just like anyone else.

On the other hand, the misogyny that is integral to some people’s practice of the religion is something that should be held to higher scrutiny. Continue reading →

How Not To Promote Tolerance and Understanding of Muslim Culture

/ Jack Marshall / 10 Comments

Here is how it works: When a Muslim couple sets up television station specifically for the purpose of advancing understanding and tolerance of Muslims in America, the couple also creates a duty to further that goal by  their own personal behavior. It would be more damaging for the proprietors of a station with such an important goal to be implicated in a terror plot, for example.  Muslims doing so while claiming to be devoted to bridging the chasm of distrust between America and Islam would make the chasm deeper, perhaps deeper than the usual, garden variety Radical Islamic terrorist plot.

Another no-no for such a couple, I’d say: the husband stabbing the wife to death and cutting off her head. Continue reading →

Why We Have Unethical Elected Officials, A Continuing Inquiry: Part 1– Spitzer’s Standards

/ Jack Marshall / Leave a comment

Eliot Spitzer, CNN commentator and New York political veteran, endorsed fellow Democrat Andrew Cuomo in his quest to be New York’s governor.  Then he said:

“The problem that Andrew has is that everybody knows that behind the scenes, he is the dirtiest, nastiest political player out there, and that is his reputation from years in Washington. He had brass knuckles, and he played hardball. He has a lot of enemies out there. Nobody’s been willing to stand up to him.”

Eliot Spitzer thus officially confirms his belief that being nasty and dirty, and everything that implies (such as lack of integrity and fairness, ruthlessness, dishonesty, deceit, vindictiveness, and meanness, as well as a Machiavellian approach to governing)  justifies the trust of the people of New York. Continue reading →

Ethics Dunces: Charlie Rangel’s Birthday Celebrants

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From “The Hill”:

“Democratic leaders and major party donors plan to hold a lavish 80th birthday gala for Rep. Charles Rangel (D-N.Y.) at The Plaza Hotel in Manhattan next month, despite 13 ethics charges pending against the veteran lawmaker.”

Apparently New York’s U.S. Senators Charles Schumer and Kirsten Gillibrand plan to attend, as well as New York Gov. David Paterson and gubernatorial candidate Andrew Cuomo—Democrats all.

Here is the ethical problem—and it is hardly rocket science. When a public figure’s misdeeds are more prominent in the public’s view than his or her lifetime accomplishments, it is impossible to celebrate the latter without appearing to endorse, support, or other wise fail to show sufficient disapproval of the latter. Continue reading →

Ethics Dunce: CNN

/ Jack Marshall / 7 Comments

Eliot Spitzer, disgraced New York Governor, law-breaking lawyer, spectacularly unfaithful husband and hypocrite for the ages, is just perfect, in CNN’s eyes, for trenchant and probing news commentary. He will be co-hosting a new talking head show on the network, partnered with conservative columnist Kathleen Parker, who as far as we know hasn’t operated any prostitution rings, not that it would matter to CNN.

Thus will the venerable cable news network adopt the strategy that has worked so well for Fox News and too many other media organizations: find infamous people who have thoroughly humiliated themselves and betrayed those who have trusted them—individuals who by all principles of justice and fairness deserve to be relegated to permanent obscurity until they have proven by hard work, good deeds and appropriate contrition, that they may again be worthy of trust—and give exposure, celebrity and employment to these anti-role models rather than to any of the large number of more deserving, talented, honest, reliable and admirable professionals who are available and capable. Continue reading →

“Welcome to AshleyMadison Stadium!”

/ Jack Marshall / 3 Comments

In an inspired bit of P.R. wizardry, the adultery-facilitating website AshleyMadison.com has made a serious bid for “naming rights” for New Meadowlands Stadium, the just-completed new home of the N.F.L.’s Jets and Giants. The site’s founder, Noel Biderman, has sent a letter to the CEO of New Meadowlands stating that they “are prepared to make a preliminary offer … of $25,000,000 for the Naming Rights for a five-year term” and would match any higher offer by other parties.

The N.F.L. isn’t going to let one of its stadiums be named after an adultery website, as Biderman well knows. But maybe Biderman has done the N.F.L. a favor by slapping it across the face and giving it a chance to avoid the venal, values-abandoning path that Major League Baseball adopted more than a decade ago when it allowed teams to sell naming rights of its new parks and stadiums to the highest corporate bidder, turning venues for classic sporting contest into billboard for banks, fly-by-night dotcoms and worse. Continue reading →

Legal Advertising Ethics: The Public’s Not THAT Gullible, 2nd Circuit Rules

/ Jack Marshall / 2 Comments

The fact that lawyers are prohibited by their professional ethics standards from engaging in conduct that is misleading or dishonest has caused many state bars to hold the profession to restrictions on advertising that would ban most of the TV commercials we see every day for any other product or service. For example, lawyers cannot engage in self-praising hyperbole and say, for instance, that the Firm of Slash and Burn is “the best real estate law firm in Miami,” because the statement is not objectively true or cannot be proven to be accurate.

While many states have gradually surrendered in the battle to keep lawyer advertising unusually forthright and dignified (you can see what monstrosities this has wrought here) New York actually toughened its lawyer advertising rules a few years ago, decreeing.. Continue reading →