trust

Ethics Hero Emeritus: Robert M. McElwaine, 1925-2010

/ Jack Marshall / 3 Comments

Every time I hear about a new tell-all book by a famous person’s former lover, spouse, political aide or appointee, full of embarrassing revelations about what celebrities, political leaders or admired (or reviled) historical figures did or said behind closed doors or in the dead of night, I admire Bob McElwaine just a little more. When he died this month, the Washington Post obituary described him as a man who knew how to keep a secret. He did, but he was much more than that.

Robert McElwaine was a gentleman. Continue reading →

Trust, Redemption, and Bank-robbing Lawyers

/ Jack Marshall / 3 Comments

The story of Shon Hopwood is certainly an inspiring one…so far. While serving more than a decade in federal prison for a series of armed robberies, his time in the prison law library turned him into an expert in case law, and he pulled off a rare feat: a petition for certiori he prepared on behalf of a fellow prisoner successfully persuaded the U.S. Supreme Court to review the case. Now Hopwood is out of prison, and is turning his life around. He has been working as a paralegal, he now has a family, and at 34, he plans to apply to law school.

It is likely that a law school will admit him, but not at all certain that any state bar would give him a license. Can a former bank robber pass the profession’s character requirement? Should he, no matter how good he is at writing Supreme Court briefs? Continue reading →

One More Reason to Distrust Banks

/ Jack Marshall / 2 Comments

National Public Radio did a feature on foreclosure auctions, following one real estate investor as he sought a bargain at an auction in Boston. The auction held a surprise for the investor, the reporter, and me. After the young man who was being followed by the NPR correspondent won a lively bidding battle for a $300,000 house at the bargain price of $84,000, the bank refused to sell it to him. The reason: the auction was a “reserve” auction rather than an “absolute” auction, meaning that there was an unpublished price at which the bank would sell the property, but winning bids below that amount could be rejected. The investor was angry. The NPR reporter was confused.

The auction was rigged. Continue reading →

Stats, Polar Bears, and “Truth by Repetition”

/ Jack Marshall / 6 Comments

When I did marketing for a company that created annuities for the recipients of large court damages, I was armed with alarming statistics I had gleaned from the annuity industry’s publications.  Half of the recipients of large lump sum settlements or damages from personal injury and medical negligence lawsuits had dissipated all of the funds (usually calculated to last a lifetime) within two years or less. More than 75% had blown through all the cash, often millions of dollars, within five years. These figures were accepted as fact everywhere,  and we used them profitably to persuade plaintiffs, lawyers and courts to approve annuity arrangements that would parcel out the funds over the years, keeping the money safe from needy relatives and spending sprees. Then, one day, I decided to track down the studies that were the sources of the statistics I was using.

There weren’t any. I discovered a circular trail, with various sources quoting each other. Continue reading →

The Seattle Beating Tape: “Just Following Orders”

/ Jack Marshall / 13 Comments

I know the Nuremberg defense when I hear it, and this is the Nuremberg defense.

The release of a January security video from a Seattle transit station has triggered a public uproar, and no wonder: it shows a group of girls brutally beating a young woman, including kicks to her head, as three security guards stand by, watching, doing nothing. Well, not exactly nothing: they did call for help.

Gee, thanks, guys. Would you tell them to bring some aspirin, an ice pack and a stretcher while you’re at it?

Seattle officials say that the guards appear to have done their job properly. The training manual the guards follow says “Never become involved in enforcement actions.” Continue reading →

Ethics Hero: England World Cup Team Coach Fabio Capello

/ Jack Marshall / 2 Comments

Just when I find myself staring disconsolately at the vast expanse of snow, thinking about how futile it is to try to sweep back the ethical apathy and self-serving tolerance for bad conduct that is burying our values as a blizzard buries a garden, along comes Fabio Capello, from the unlikely world of soccer, to give me hope.

Capello gets it. Mere days from his team’s embarking on the annual World Cup quest, he sacked his star Defender, John Terry, as team captain. Continue reading →

Trust the Science, Not the Scientist?

/ Jack Marshall / Leave a comment

The Wall Street Journal has a depressing piece about recent examples of unethical and fraudulent conduct in the world of science, including, naturally, the latest global warming flap resulting from the UN mistakenly warning that the Himalayan ice caps were melting away,  and would be gone by 2035. This story, coming on the heels of the East Anglia email revelations, has added to justifiable public confusion over climate change, how fast it is happening, how well it is understood, and why governments are so eager to throw billions at a “solution” when there seems to be so much uncertainty. Continue reading →

Wanted: Ethical Teaching Aide to Stop Abu Ghraib, Jr.

/ Jack Marshall / 4 Comments

Yesterday, I wrote about the disturbing incident at an Ohio elementary school, where a sixth grader was systematically mortified and subjected to ridicule because of the length of his hair. That was bad; this is worse.

A teacher at a New York City public school, P.S. 65 in the Ozone Park neighborhood, turned his fourth-grade classroom into a fighting ring and forced two children to duke it out. Continue reading →

Ethics Notes on a Busy Week

/ Jack Marshall / 1 Comment
  • Sen. John McCain, who had well-earned credibility on military matters,  released a statement after the State of the Union address saying that “it would be a mistake” to repeal “Don’t ask, don’t tell” as President Obama pledged, and added…

“This successful policy has been in effect for over 15 years, and it is well understood and predominantly supported by our military at all levels. At a time when our Armed Forces are fighting and sacrificing on the battlefield, now is not the time to abandon the policy.”

John, John, John. You have, in other interviews, stated that you served with many gay soldiers who performed their duties with distinction, so the current policy continues a form of bias and discrimination without any  justification. The fact that it may be “successful” is not sufficient reason to continue a practice that is unethical, unfair, and a violation of the principles of civil rights. Success is no excuse for violating core ethical principles; one of the primary justifications for the U.S. allowing torture, an outright violation of the Declaration of Independence, was that it was “successful,” an argument you properly rejected. Continue reading →

The Rutgers Sorority Hazing

/ Jack Marshall / 2 Comments

Here are three brief ethics observations on a horrible story that mostly speaks for itself.

Police arrested members of a Rutgers sorority after a pledge reported being beaten by paddles over a period of seven days, causing her blood clods, welts, bruises and excruciating pain. The young woman said that the six members of  the Rutgers chapter of Sigma Gamma Rho told her that the beatings were not hazing, which is banned on the Rutgers campus, but rather an experience that would “humble” her, and build love and trust between her and her sorority sisters. Police say that there were at least six other women who were similarly “humbled.” Continue reading →