venality

Monday Morning Ethics Warm-Up And Sunday Left-Overs, 9/10/18: Values Under Fire

/ Jack Marshall / 22 Comments

Good Morning.

1. A plug. The computer rescue service GuruAid is why I couldn’t get a Warm-Up post up yesterday: about four different technicians spend from 6:30 am to 3:00 pm helping me fix a serious malfunction in my old Dell PC, so I wouldn’t have to lose Windows 7 forever. It wreaked havoc with my day and schedule, but the computer finally starts immediately without black-outs, red screens, blue screens, warning, check points, sudden freezes and other distractions.

2. Yeah, why waste time on all of this “values” stuff? The Texas Board of Education will decide in the coming months whether to accept the recommendations of a working group to end state requirements that the heroism of the Alamo’s defenders be taught to seventh graders in a required history course, as as study of  William Barrett Travis’s iconic letter written before the final Mexican siege that killed all of the approximately 200 defenders, including Travis. The letter ends, “I am determined to sustain myself as long as possible & die like a soldier who never forgets what is due to his own honor & that of his country — Victory or Death.”

The group of educators and historians, tasked with streamlining social-studies standards, felt that teaching about “heroic” acts at the Alamo was “value-loaded,” and eliminating them from the curriculum, along with the significance of such Alamo figures as Davy Crockett and James Bowie would save 90 minutes.

You know, I don’t think I’m even going to bother explaining what’s wrong and alarming about this, except to note that if you wonder why our rising generations don’t understand what has been great about America, or why being a nation founded on values and ideals is important, this episode ought to enlighten you.

3. Beach ethics. Here is an interesting article about how to maximize ethical conduct at the beach. Continue reading →

Ethics Dunce: The Maryland State Bar Association

/ Jack Marshall / 9 Comments

Do you know what legal ethics opinions are? Many lawyers don’t know, or barely pay attention to them, but the opinions are important. They are written when bar associations have to decide how to handle the gray areas of professional ethics, and believe me, there are more gray areas in legal ethics than the profession likes to admit. Some jurisdictions churn out lots of important and useful legal ethics opinions all year long; others barely bother with them. (Idaho simply stopped issuing such opinions decades ago.) Still, the LEOs, as they are called, are essential when one of the many legal ethics issues crop up that a jurisdiction’s rules themselves don’t cover.

Although bar associations do a terrible job making their legal ethics opinions’ availability known to the general public, LEOs have invaluable information to convey about how lawyers are ethically obligated to serve their clients. They are also essential if people like me are going to be able to remind Maryland’s lawyers about their ethical duties as part of continuing legal education seminars and expert opinions.

So why is it that Maryland, alone among the 51 U.S. jurisdictions, refuses to allow the public access to their legal ethics opinions? All right, neither does Arkansas, but nobody can read in ArkansasKIDDING!!! I’M KIDDING!

In order to find out what the Bar Association has decided regarding specific legal ethics conundrums, or whether the state has any position at all, one has to be a dues-paying member of the Maryland Bar. Never mind that Maryland lawyers, who, like most lawyers, often are subject to the ethics rules of other jurisdictions, can access neighboring bar association LEO’s with a couple of clicks on their computers. Never mind fairness or reciprocity.

Here’s how the question “Why do we hide our ethics opinions?” was answered by one Maryland lawyer online:

“Ethics opinions are MSBA work product: a benefit to members who pay their dues…An ethics opinion is a legal opinion about what it or is not permissible under the rules. If you want legal advice, pay for it. The “rules”, by the way, are published and are available to the public. As are the elements of negligence. Do you tell your clients for free how to prove their negligence cases?”

How’s that for a venal, snotty answer? In fact, there are no “hidden” laws or principles related to negligence, nor are the standards for what constitutes negligence and how it is proven in court only available for a fee. The legal ethics opinions, on the other hand, may be crucial to allowing non-lawyers  know when they are being victimized by unethical members of the Maryland bar. How convenient that the Bar hides these from the view of the group of citizens that have the most urgent need to know about them.

Continue reading →

The O’Bannon Case: A Judge Explains How The Law Requires An Unethical and Corrupt Practice To Be Fair….But It’s Still Unethical and Corrupt

/ Jack Marshall / 13 Comments

NCAA-ban

Now that a federal judge has declared the elite student-athletes at big time sports colleges to be what they are…paid mercenaries…and the sports programs at such institutions to be what we always knew they were…cynical sideshows that sacrificed education to greed…will the pubic, the media, educators, and universities now stop this slow-moving ethics train wreck?

Of course not.  If they cared about how high-profile college sports were warping both America’s education and its values, they would have addressed the problem decades ago. They would have stopped it before, for example, schools started paying football and basketball coaches more than any professor. They would have stopped it before prestigious schools gave degrees to graduates whose entire education was a sham, who took ridiculously easy courses and who were held to infantile academic standards, all so rich, fat alumni would continue writing checks. They would have stopped it before a revered football coach held such power in a university that he was able to persuade the school’s leadership to allow a child sexual predator operate on campus.

U.S. District Judge Claudia Wilken, in a 99-page ruling agreeing with the claim of a group of plaintiffs fronted by former UCLA basketball player Ed O’Bannon, issued an injunction against the NCAA from “enforcing any rules or bylaws that would prohibit its member schools and conferences from offering their FBS football or Division I basketball recruits a limited share of the revenues generated from the use of their names, images, and likenesses in addition to a full grant-in-aid.”

The ruling will be appealed, and some of its legal conclusions certainly seem debatable. That is not my concern. The opinion effectively kills the fiction that the semi-literate youths who perform on-the-field heroics to burnish the images of universities and attract huge broadcast fees are what the NCAA, alumni, students , the schools and the media pretend that they are. Now that we know they are not truly students, what persuasive ethical justifications can be given for them to play college sports at all?

My answer?

None. Continue reading →

Ethics Observations On Tim Geithner’s Ethics Quote Of The Month

/ Jack Marshall / 13 Comments

Stress Test

“I remember during one Roosevelt Room prep session before I appeared on the Sunday shows, I objected when Dan Pfeiffer wanted me to say Social Security didn’t contribute to the deficit. It wasn’t a main driver of our future deficits, but it did contribute. Pfeiffer said the line was a ‘dog whistle’ to the left, a phrase I had never heard before. He had to explain that the phrase was code to the Democratic base, signaling that we intended to protect Social Security.”

—- Former Obama Treasury Secretary Timothy Geithner, revealing that the White House wanted him to mislead the public on the deficit, debt and Social Security, in his newly published memoir, “Stress Test.”

Some ethics observations:

  • Sadly and predictably, the conservative news organizations are going bananas over this passage, while the liberal organizations—that is to say, all of the rest—are scrupulously ignoring it or trying to. Why sadly? Because in an ethical, objective journalistic culture, every reporter would be examining this admission, and critically.
  • Any journalist who is not bothered by this account has implicitly adopted the position that it is acceptable for the President of the United Sates and U.S. officials to mislead the public regarding crucial matters they have a right to know and understand. This is an unethical position for anyone, but especially for a journalist.
  • Of course, this is not the position of most left-oriented journalists. The position of these journalists is, apparently, that it is acceptable for Democratic Presidents of the United Sates and officials in Democratic administrations to mislead the public regarding crucial matters they have a right to know and understand, since they have exhibited no such tolerance when Republicans have occupied the White House.

Continue reading →

Dear Sincerely Shallow: “It’s True, You’re Horrible. Show Your Fiancé Your Letter, And Go Pimp Yourself Out Like Anna Nicole.”

/ Jack Marshall / 9 Comments
This could be you, SS!

This could be you, “Sincerely Shallow” ! Go for it!

Emily Yoffe is Slate’s stunt advice columnist, who in her “Dear Prudence” column answers questions reminiscent of the freak-show howlers they used to concoct for the “Penthouse Forum” (or so I’ve heard.) Sometimes Emily’s advice has me convinced she is the consort of Pazuzu, and other times her advice is measured and wise. This time, she sided with the demon, and I’m about finished with her.

Here is the query sent by “Sincerely Shallow” in its entirety. I’m sure it’s viral by now:

Dear Prudence,
I’m recently engaged to the most honest, thoughtful, and loving man I’ve ever met. He has supported me through many hard times, including losing my job and being assaulted. Here’s the but about him: He makes no money. He has ambitions, and he’s smart, but will likely only bring a middle-class income at best. I have an OK job and I’m self-sufficient. Now here’s the but about me: I’m really, really pretty. My whole life people have told me I could get any man I want, meaning a rich man, and are shocked that I’m engaged to my fiancé, nice though he is. I’ve never dated a rich man, but it does make me curious. So part of me thinks I’m squandering my good looks on this poor man, and the other part of me thinks that I’m so shallow that I don’t even deserve him or anyone else. Am I a fool for thinking that a poor man can make me happy, or an idiot for believing a sexist fantasy?

You can read “Prudence’s” annoying answer here, which concludes with this: Continue reading →

The Saga of the Entrepreneural Legal Mentor

/ Jack Marshall / 6 Comments
"OK, now pay attention. I'll teach you to hunt, but it will cost you..."

“OK, now pay attention. I’ll teach you to hunt, but it will cost you…”

Attorney Kenneth Beck is reeling from a barrage of criticism he has received for placing this ad on Craig’s List:

ARE YOU RECENTLY ADMITTED TO THE BAR, OR AWAITING BAR RESULTS, BUT NEED EXPERIENCE FOR THAT FIRST JOB?

General practice attorney with more than twenty years of experience is willing to train a small number of recently admitted attorneys, or those awaiting bar results. For a monthly fee, you will be able to shadow the experienced attorney, and learn by watching the day to day practice of law. Observe the following types of proceedings, as they occur; Civil Short Calender motion arguments, foreclosure mediation’s, pre-trial conferences, Workers Compensation and Social Security hearings, real estate closings, discovery proceedings and compliance, research and general office operations. …

The unprecedented ad, now pulled, prompted nasty e-mails from his target audience and a lot of ridicule on various legal blogs. Beck hit a nerve, obviously, in fact several: the perceived venality of the profession, the desperate plight of recent law grads in a tight market, the lack of practical training students receive in law school. Some even suggested that the ad rose, or rather fell, to the level of professional misconduct. “Will this kind of revenue producer be censured by the state bar association?”, asked the blog Law and More.

That one is easy: no, because nothing about the ad raises legitimate questions about Black’s trustworthiness or honesty, and there is no clear violation of any existing rules inherent in his proposition. Still, the question lingers: even if this doesn’t nick the Rules of Professional Conduct, is it ethical? Continue reading →

Ethics Quote of the Week: Former Fox Mole Joe Moto

/ Jack Marshall / 1 Comment

“I am a weasel, a traitor, a sell-out and every bad word you can throw at me… but as of today, I am free, and I am ready to tell my story, which I wasn’t able to fully do for the previous 36 hours.”

–—Joe Moto, upon getting his walking papers at Fox News. Moto, a producer on the O’Reilly show, had been sending anti-Fox posts to the gossipy and ethics-free website Gawker, denigrating the company that was paying his salary. His work as the “Fox Mole” didn’t last long, as he was discovered and fired after only two undercover posts.

Joe Moto, while at Fox News

Joe Moto is a fick.* He can’t justify his conduct, which is as low as it gets. In his statement above, which is part of his first post-Fox column, he acknowledges that he has no ethical argument left to him for his disloyal, cowardly breach of an employer’s trust, but informs the world that he intends to cash in anyway. I will say this clearly: anyone who ever hires this guy for any job, from working in TV to yard work, is insane. Continue reading →

Crystal’s Evil Plot: Competition for Fick?

/ Jack Marshall / 3 Comments

 

More attractive than Leroy Fick, but just as rotten inside...

Leroy Fick, the lottery winner/millionaire who still shamelessly collects food stamps because a flawed law lets him, was laps ahead in the race for the Creep of the Year  (non-criminal division), when out of the pack came Crystal Harris in a sprint. Fick is still ahead, if only because Harris was foiled in her despicable plans, but even having the idea she is reported to have concocted puts her on Fick’s heels.

Hugh Hefner has stuffed his Playboy Mansion with ambitious, busty bimbos for decades, and now that he is in his 80’s and providing for 25-year-old sex-kittens while lounging around in  pajamas, the whole thing is vaguely distasteful. Hef decided to go beyond his traditional harem bit by actually marrying one of the bimbos, Crystal Harris, who Hefner simultaneously would feature au natural (well, sort of) in a Playboy foldout. The marriage, alas, wasn’t to be, as Crystal had what Hef called (via Twitter), a “change of heart” shortly before the planned wedding day. Eh, big deal. Everything Hefner has done in his personal life has been 50% or more promotion for his business anyway, and one can hardly blame a young woman from deciding that whatever financial benefits Hefner offered were inadequate for what she was agreeing to—whatever it was. (Ick.)

At least, that was what I thought until reports started surfacing that Crystal had a diabolical plan. Continue reading →

The Internet Censorship Bill and Escalating Abuse of Government Power: Why Do We Continue to Trust These People?

/ Jack Marshall / 4 Comments

Yesterday, the Senate Judiciary Committee unanimously approved a bill giving the U.S. Attorney General the power to shut down any website with a court order, if  he determines that copyright infringement is  “central to the activity” of the site.  It doesn’t matter if the website has actually committed a crime, and there is no trial, which means that the law is a slam dunk violation of the U.S. Constitution.  The Combating Online Infringement and Counterfeits Act (COICA) is a little goody bought by the lobbyists and PACs of Hollywood, the recording industry and the big media companies, to block the rampant internet file sharing that has cost them a lot of money in lost sales and profits over the past decade.

I am adamantly opposed to filesharing and the ethically dishonest arguments used to defend it, most of which begin with “Everybody does it.” I sympathize with the artists whose work is being stolen, and the companies who have complained to Congress. But all the strong condemnation of filesharing by lawmakers and corporate executives doesn’t change a central fact: the Constitution says you can’t do what COICA allows. It says this in at least two places: the First Amendment, which prohibits government interference with free speech, and the Fifth Amendment, which decrees that property can not be taken from citizens without Due Process of Law. A law that lets a government official just turn off a website without a hearing or showing of proof? Outrageous. and unconstitutional. Continue reading →

The Sanford Bishop Saga: Pondering the Ethical Implications of Another Congressional Black Caucus Scholarship Cheat

/ Jack Marshall / 3 Comments

At this point, anyone who is surprised to learn that a member of the Congressional Black Caucus has been caught violating basic principles of ethics has not been paying attention. The Caucus has systematically corrupted itself by excusing blatant misconduct by its members for so long, reasoning—wrongly—that it is more important for black members of Congress to show loyalty and solidarity with their race than to be role models and honest public servants. Sadly, it would be newsworthy to learn that there is a CBC member who is passionate about holding public servants to a high level of trustworthiness. There apparently are no such members, however. If there were some, they would have resigned from an organization that reflexively defends black Representatives who abuse their power, position and trust (thus endorsing unethical conduct) and cries racism when anyone outside the Caucus, including the House Ethics Committee, criticizes the obvious.

Perhaps this is why the revelation that Rep. Stanford Bishop (D-GA.) distributed scholarship funds intended for needy students in his district to family members and political cronies received so little media attention. Continue reading →