Virginia

More Ethics Of Terrible Secrets : Falling Bullets, Moral Luck, And The Accountability Check Of A Lifetime

/ Jack Marshall / 58 Comments
Somebody's happy!

Somebody’s happy!

Seven year-old Brendon Mackey was walking with his father in the parking lot of the Boathouse Restaurant in Midlothian, Virginia at around 9 p.m. last Thursday when a bullet, apparently shot into the air by a Fourth of July celebrant, fell through his skull, killing him.

“We don’t think this was an intentional shooting. We think that somebody in or around the area was celebrating the Fourth of July. Unfortunately we think they were shooting a gun in a reckless manner and this young boy is a victim,” a police spokesman told the media. The bullet, experts say, may have been fired as far as five miles away.

There is an investigation ongoing, but if history is any indication, Brendon’s killer will remain a mystery. Last Independence Day, a Michigan State student, engaged to be married, was killed the same way, by a bullet believed to have been launched into the sky by a celebrating stranger. Michelle Packard was 34. This spring, her still grieving  fiancé committed suicide.

Has a reckless celebrant with a gun  ever stepped forward voluntarily to accept responsibility for causing such a tragedy? I cannot find any news accounts that suggest it. Deaths from stray bullets fired into the air are rare: most fall to earth harmlessly, and even when they hit someone, the result is seldom a fatality. Still, firing a gun skyward is illegal, and truly reckless and stupid. My father told me that during World War II, he warned the men under his command that he would see that anyone firing a weapon into the air without good reason would be court martialed. “They really seemed surprised when I told them that the bullets came down,” he said. Continue reading →

Ethics Quiz! Richmond Law School’s “Cool” Ad: Lame, Deceitful…Or Just Advertising?

/ Jack Marshall / 7 Comments

Richmond ad Richmond-Law-ad

So, what do you think? Such esteemed legal commentators as TaxProf Blog and Above the Law have mocked and condemned the above Richmond Law School ad directed at law school applicants deciding where to plant their hopes. “The clubhouse leader for the lamest law school ad of 2013” snarked the former. “Calling it “lame” or “uncool” or “hackneyed” or any of the other words in the English language that denote a distinct inability to appear genuine or interesting doesn’t do the ad justice,” declared the latter. Then there is the little matter of puffery, which usually means deceit, spin, or exaggeration, except that in advertising such lies (for that is what they are) are mostly accepted as part of standard practice. That employment within nine months stat cited is dubious in the judgment of those who feel only legal jobs should count–apparently Richmond Law includes jobs where a JD is considered an asset, but the graduates are not working as lawyers. (On the other hand, almost every  job I’ve had since I graduated from laws school has been in the “JD advantage” category, and I’m satisfied with the results.) Continue reading →

Gov. McDonnell And The Wedding: When Ethics Hypotheticals Come True

/ Jack Marshall / 3 Comments

Reception

I thought I was dreaming when I read this in the Washington Post this morning:

Virginia Gov. Robert F. McDonnell (R) has said his daughter and her husband paid for their own wedding. So a $15,000 check from a major campaign donor to pay for the food at the affair was a gift to the bride and groom and not to him and therefore did not have to be publicly disclosed under the law, the governor says. But documents obtained by The Washington Post show that McDonnell signed the catering contract, making him financially responsible for the 2011 event. The governor made handwritten notes to the caterer in the margins. In addition, the governor paid nearly $8,000 in deposits for the catering. When the combination of the governor’s deposit and the gift from the donor resulted in an overpayment to the caterer, the refund check of more than $3,500 went to McDonnell’s wife and not to his daughter, her husband or the donor….The question of who was responsible for paying the catering bill is a key one because Virginia law requires that elected officials publicly report gifts of more than $50. But the law does not require the disclosure of gifts to the official’s family members. McDonnell has cited the statute in explaining why he did not disclose the payment in annual forms he has filed with the state.

I have taught an ethics hypothetical very similar to this in several contexts, including government, business, and legislative ethics. The lesson is that regardless of the laws, and whether a particular set of regulations designates gifts to a direct family member as creating a conflict of interest and appearance of impropriety, this kind of transaction is suspicious, probably corrupt, looks terrible, undermines trust, and should be rejected by the official whose family member is getting married. Continue reading →

The $500,000 Dead Baby: Signature Sign Of An Unethical Industry

/ Jack Marshall / 18 Comments
Why certainly, we'll be happy to paint a target on your baby's back, no questions asked---just keep up with the premiums!"

“Why certainly, we’ll be happy to paint a target on your baby’s back, no questions asked—just keep up with the premiums!”

Three insurance companies allowed a Manassas, Virginia father with a suspicious history of violent family deaths to take out life insurance on his 15-month-old son in the astounding amount of more than $500,000. Now the boy, Prince McLeod Ram, is dead, allegedly drowned by the beneficiary of those policies, his dad, Joaquin Rams. He’s under arrest; the companies are unlikely to have to pay out a cent.

I suppose that makes this a good business deal for them.

For the dead kid, not so much. Continue reading →

Ethics Dunces: Republicans

/ Jack Marshall / 22 Comments

election-fraudIn government, the appearance of impropriety can be as damaging as the reality, and what a terrific, tone-deaf, stupid example Republicans are giving the nation by trying to change the Electoral College system, already highly unpopular (I like it, by the way), by making it worse. The GOP is pursuing a strategy of trying to get the states where it has control of the legislature to change the way those states’ electoral votes are allocated in a Presidential election from winner-take-all (the current system in place in all but two states) to allocation by Congressional district. Such a system would have, just coincidentally I’m sure, given a narrow victory to Mitt Romney if it were in place in all the states that Mitt Romney lost (but none that he won.)

Screams from Democrats that the Republicans are trying to “fix” the election system are a bit disingenuous: an essentially identical system was installed in Maine by a Democratic legislature (as well as in Nebraska by Republicans), and no alarms were sounded then. There is nothing illegal or unconstitutional about it, for state legislatures are charged by Mr. Madison’s masterpiece with deciding how allocating electoral votes should be done. Democrats also did something similar in the wake of the baroque 2000 election result, concocting a scheme, the National Popular Vote Interstate Compact, to undermine the Electoral College by persuading several states to agree to direct electors to vote not for whoever wins the popular vote in the state itself, but for whoever wins the popular vote nationally. Well, waddya know! THAT method would have given Al Gore the Presidency—and what a fun ride it would have been!—from 2000-2004. This is as much an example of trying to rig the results of the previous election as what the Republicans are trying, though it is much, much fairer and ethically defensible on it merits. (Still a bad idea, though.) Continue reading →

Comment of the Day: “Jonathan Montgomery: Victimized By An Unethical Tag Team Of A Vicious Teenager And An Officious Attorney General”

/ Jack Marshall / 3 Comments

catch-22Reader John Robins provides additional, and depressing, perspective on the Montgomery case, discussed in today’s post, Jonathan Montgomery: Victimized By An Unethical Tag Team Of A Vicious Teenager And An Officious Attorney General. Here is his Comment of the Day:

“It gets worse than this, actually. Although everybody acknowledges that Montgomery is innocent, he must still report to a probation officer and must register as a sex offender until the Virginia Court of Appeals grinds its way through the Petition for Writ of Actual Innocence, which may take several months, and is being handled by the Innocence Project out of D.C. I know what went on in this case and what happened because my office was involved in the defense. Continue reading →

Jonathan Montgomery: Victimized By An Unethical Tag Team Of A Vicious Teenager And An Officious Attorney General

/ Jack Marshall / 7 Comments
What now qualifies as a rising star in the Virginia GOP.

Atty. Gen. Cuccinelli: What now qualifies as a rising star in the Virginia GOP.

Jonathan Montgomery was recently pardoned by Virginia Governor Bob McDonald for a rape he never committed. This inherent contradiction—“We know you’re innocent, and we forgive you” —was made necessary by a sequence of events that could have been devised by Kafka, Stephen King or Mel Brooks, but unfortunately really happened. They happened because of two individuals who were absent the day basic ethics were handed out.

First and foremost in this wing of the Hall of Ethics Shame was Elizabeth Paige Coast, from the Tawana Brawley school of sociopathy.  When she was a teenager in 2007, her parents caught her surfing internet porn. To deflect their anger and avoid punishment, she concocted a story about how her sex drive had been addled as a result of being sexually molested when she was ten by a neighbor hood 14-year-old, Montgomery. She thought, since his family had moved away, that nothing would happen to him. Wrong. He was arrested and she testified against him to avoid telling the truth to her parents, putting him in jail for four years before she finally decided to recant her accusation. We are told that she has been charged with one count of perjury, and was fired from her job with the police department. Not enough, not by a long shot.

Then Virginia Attorney General Ken Cuccinelli decided to pick up where Coast left off. Continue reading →

Unfairness in the Name of Fairness: Virginia’s Unethical Golf Rules

/ Jack Marshall / 11 Comments

Liberty Anderson. Too bad they wouldn’t let her try to win fairly.

Lyberty Anderson, a junior at Manchester High School in Midlothian, Virginia, and undeniably female,  won the Virginia state boys Division AAA golf championship with an eagle on the final hole to capture the 36-hole tournament by one stroke. Lyberty is a terrific golfer, having demonstrated her precocious golf talents by winning women’s tournaments before she was in high school. Nonetheless, the boy’s tournament was outrageously slanted in her favor, and against her male competitors, tainting her victory.

Lyberty won, but she didn’t play the same course as her male opponents. She was allowed to tee her drives up on the shorter women’s tee, meaning that while the boys had to play a 6,653-yard course, hers was more than 1,000 yards shorter, almost 20%.  As Washington Post sportswriter Fred Bowen pointed out, Lyberty can’t be blamed for this: she played by the rules, and played as well as anyone could ask. She now says if she competes in the boys tournament again next year, she’ll tee of from the same spot as her competitors. That shows she understands fairness. Continue reading →

Virginia Campaign Lies: the Unethical Use of the Dishonest “Would”

/ Jack Marshall / 7 Comments

The next U.S. Senator from Virginia? You could do worse! In fact, Virginia might.

I’m going to vote for Tim Kaine, the ex-Democratic Governor of Virginia running against George Allen, the Republican trying to regain the seat he lost in 2006 to James Webb. After the slimy, dishonest campaign Allen ran against Webb ( full disclosure: I went to law school with the Senator, and know him personally. A more honorable, courageous, principled man doesn’t walk the earth), Allen lost any chance of a vote from me forever, and it wouldn’t matter if his opponent was a toilet brush.

Nonetheless, Kaine’s ads are making me think he’s only a step or two above toilet brush level. Especially outrageous is this line, from a “war on women” ad “approved” by Tim Kaine, intoned by an announcer as the camera shows a woman:

                   “Allen would take away her Constitutional rights by reversing Roe v. Wade.”

Even counting “v.” as a word, this inexcusable statement includes four misrepresentations in just twelve words, an impressive total, though I’m sure Bill Clinton has topped it at one point of another. Let’s see: Continue reading →

Now THIS IS An Unethical Car Dealership

/ Jack Marshall / 7 Comments

Hey, Jerry! I hear Priority Chevrolet is looking for a sales manager! You’d fit right in!

Maybe the staff and management of Chesapeake, Virginia’s Priority Chevrolet aren’t quite in the vile category of Jerry, William Macy’s car salesman in “Fargo,” but even for a profession seldom mentioned in the same sentence with “ethical,” its alleged conduct in a recent transaction is appalling.

According to a lawsuit, Priority sales manager Wib Davenport sold a 2012 Chevrolet Traverse to Danny Sawyer for about $5,600 less than it was worth. There is a dispute over how this happened, but a contract for the inadvertently discounted sale was presented to the Priority customer and signed, and Sawyer quickly returned with a cashier’s check to cover what he owed the dealership after the various discounts and the trade-in.

After driving off in his new SUV, Sawyer went on vacation. He returned to voicemail full of messages from Davenport, who also authored a letter explaining that the dealership had made a mistake on the contract and had sold the car for the wrong price. He asked Sawyer to return to the dealership and sign a new contract. Right. Continue reading →