waivers

The Unforgivable Conflict of Interest: Sports Agents, Robbing Their Ignorant Clients

/ Jack Marshall / 13 Comments
The ethical course is to choose.

The ethical course is to choose.

Sports agents are rich, powerful, and ethically handicapped by inherent conflicts of interest. The first two qualities so far have insulated them from dealing fairly and openly with the second. This is wrong, and has got to stop. For it to stop, it would help if the players, their unions, the sports leagues and the sports media didn’t either intentionally pretend not to see the obvious, or weren’t too biased and ignorant to realize what’s going on.

Four years ago, I wrote about this problem in a long piece for Hardball Times, a baseball wonk blog of consistent high quality.  The specific agent I was writing about was Scott Boras, the king of baseball player agents, but the egregious conflict I flagged isn’t confined to that professional sport; it’s present in all of them. In the article, I argued that Boras, a lawyer, is engaged in the practice of law when serving as an agent and was therefore violating the legal ethics rules, which prohibits having clients whose interests are directly adverse to each other, specifically in the so-called “Zero-Sum Conflict” situation.

A lawyer can’t assist two clients bidding for the same contract, because the better job he does for one, the worse his other client fares. A lawyer can’t sue a defendant for every penny that defendant has on behalf of one client when he or she has another client or two that have grievances against that same defendant—if the lawyer is successful with the first client, he’s just ruined his other clients’ chances of recovery. There is some controversy over whether the legal ethics rules automatically apply to a lawyer-agent like Boras, but never mind—whether he is subject to the legal ethics rules or not when serving as an agent, the conflict of interest he is blithely ignoring still applies, still harms his clients, still puts money in his pockets, and still should not be permitted. Continue reading →

Question: Why Is Supporting The Use Of Children As Soldiers Better Than Using Torture In Interrogations?

/ Jack Marshall / 8 Comments

child-soldier5

The Child Soldiers Prevention Act of 2008 requires the United States to withhold any form of aid from nations that use children in their armies, a clear human rights violation.  President Obama  waived the provision in 2010, as Samantha Power, then the National Security Council senior director for multilateral affairs and human rights, assured the media and the nation  that “the waivers would not become a recurring event.” By the terms of the law, the President has to notify Congress that he is waiving it within 45 days of making the decision. Monday afternoon, with Congress on the eve of a government shutdown and knowing that any such announcement would be largely ignored by the public and the press, the White House press announced yet another waiver of the law The new Child Soldiers Prevention Act waiver applies fully to Chad, South Sudan and Yemen. Congo and Somalia received partial waivers.

Here’s the text of the Presidential determination, signed by Mr. Obama: Continue reading →

Rationalization # 35: Victim Blindness, or “They/He/She/ You should have seen it coming.”

/ Jack Marshall / 37 Comments
"Yup, should have seen THIS coming..."

“Yup, should have seen THIS coming…”

Mark Draughn, who blogs at Windypundit, proposed this latest addition to the Ethics Alarms Rationalizations list,  after I forgot to add it to the list in December 2012, when it was first proposed by reader Dwayne Zechman. It is an excellent one, and both Dwayne and Mark deserve the credit for it.

Asserting the rationalization of Victim Blindness attempts to shift responsibility for wrongdoing to the victims of it, who, the theory goes, should have known that their actions would inspire the conduct that caused them harm, and thus they should have either avoided doing what sparked the unethical response, or by not doing so waived their right to object to it. This is closely related to a sub-category of #7, The Tit-For-Tat Excuse, which holds that one party’s unethical conduct justifies similar unethical conduct in return. The sub-category is “They asked for it.” Victim Blindness is similar, but it applies even greater responsibility to victims: whether they asked for it or not, they should have known their actions would be met with this unethical response, and their ignorance,  carelessness or stupidity constitutes a waiver of ethics. Continue reading →

More Graduation Ethics: The Cap And The Feather

/ Jack Marshall / 60 Comments

eagle feather

In contrast to the Roy Costner saga, we have the graduation conduct of Chelsey Ramer, proud member Poarch Creek Band of Indians and a graduating senior at  Escambia Academy High School in Atmore, Alabama. Four years ago, graduating members of her tribe had worn ceremonial eagle feathers in their caps at the school’s graduation procession and the handing out of  diplomas. The school tool no action then, because it was taken by surprise, but this year, Chelsey’s class was presented with new dress code, as well as a contract seniors had to sign in order to participate in graduation ceremonies.

It forbade any “extraneous items during graduation exercises.” It also said students violating the agreement would not receive their diplomas until appropriate disciplinary actions were taken and students paid a whopping $1,000 fine.

Chelsey says she refused to sign the contract.  She decided that honoring her heritage with an eagle feather on her cap was worth whatever consequences that resulted. She wore the feather, and now the school is demanding that she pay the thousand dollar fine to receive her transcripts and diploma.

Ethics findings: Continue reading →

Ethics Quiz: The Case Of The Creepy Student

/ Jack Marshall / 50 Comments

Muse and Artist, Victim and Harasser, or Censor and Victim?

Muse and Artist, Victim and Harasser, or Censor and Victim?

Joseph Corlett’s essay, though I have not found the full text of it,  is undoubtedly creepy.

In fall 2011, the 56-year-old countertop refinisher was taking a writing course at the Oakland University in Rochester, Michigan. His teacher, Pamela Mitzelfeld, gave the class an open writing assignment for their journals, and, Corlett says, assured them that any topic was acceptable, with no-holds barred.  She said, Corlett’s lawsuit now asserts, that she wanted “the raw stuff.”

That’s just what she got. Corlett wrote an essay called “Hot for Teacher,’ inspired by a Van Halen song by the same name, describing how his sexual attraction to Mitzelfield was irresistible. “Tall, blonde, stacked, smart and articulate…” he described her in his daybook. “Are you kidding me? I should drop right now. There is no way I’ll concentrate in class especially with that sexy little mole on her upper lip beckoning with every accented word. And that smile.”

Mitzelfield alerted university officials, saying that Corlett’s essay frightened and upset her, and that she refused to teach him any further. Moreover, she insisted that either he be ejected from the campus, or she would quit herself. He was escorted out of Mitzelfeld’s class a few days later by the Oakland University Police. A sexual harassment charge was dropped, but a hearing by university officials found Corlett guilty of intimidation and he was expelled for the rest of the semester. University officials allegedly told him that he would be arrested if he returned to the campus. His suspension lasts for  three semesters, and he must go through sensitivity counseling before he can reapply.

Aided by The Fire, Corlett is now suing for over two million dollars in damages, maintaining that his First Amendment rights have been infringed. “The university has essentially issued a straightjacket to every writing student to protect the delicate sensibilities of faculty and staff,” says Greg Lukianoff, FIRE advocate. The legal issues look pretty clear: Oakland University has a terrible case. “Write anything” means write anything, and certainly cannot mean “write anything except something the instructor will freak out over, in which case we’ll fix you good.” If it is true, as Corlett alleges in his lawsuit, that Mitzelfield made no objection to other sexually themed compositions by him that referred to her, his treatment by the school is indefensible. That’s not the ethical question, however. That question is your Ethics Alarms Quiz for the day, and goes like this: Conceding that Oakland University mishandled the episode…

Was Corlett’s essay ethical and blameless?  Continue reading →

The Case of the Excessively Flexible Lawyer

/ Jack Marshall / 3 Comments

A Louisville lawyer named Keith Kamenish wants to defend Dion Neal, a drug dealer, against a murder-for-hire charge.  A police informant wearing a wire recorded a hit man as he said  that he was paid by Neal to kill a competitor for him. “I put 36 slugs in that nigger’s face and stood on his head,” the independent contractor boasted, according to a transcript of the conversation filed in court. “The whole head collapsed!”

Nice.

The government is trying to get Kamenish kicked off the case, and here is why: the guy whose head collapsed, LaJuante “B.B.” Jackson, was a Kamenish client at the time of his murder. Jackson was shot just four weeks after Kamenish got Jackson released on bond on a state drug charge; the lawyer’s blood- stained business card was found in Jackson’s wallet. Continue reading →

The Supreme Court Saves An Ethics Principle

/ Jack Marshall / 2 Comments

Mayor Quimby is honest about being corrupt. Isn't that good enough?

Rescuing the states’ power to insist on more ethical conduct from their elected legislators, The U.S. Supreme Court ruled Monday that there was no Constitutional prohibition on state rules against legislators voting on issues in which they have a private, personal interests.

The unanimous decision upheld a Nevada ethics law that governs when lawmakers recuse themselves from voting on official business because they might have conflicts of interest. The challenge to the  law came from Michael Carrigan, a conflicted city council member from the Sparks, Nev., who was reprimanded by the state ethics commission after he voted  on a casino proposal though his campaign manager had been hired as a consultant to the project.

The law prohibits a public official from voting on an issue when a “reasonable person” would suspect a conflict because of financial ties or the interest of a spouse or family member. This is the essence of “the appearance of impropriety.” It also includes “any other commitment or relationship that is substantially similar” to those spelled out.  Carrigan had argued that the Nevada’s law was overly broad and that he should be able to vote on the project, so long as he disclosed his relationship with the consultant.

Ah, disclosure! Continue reading →

“The Good Wife” Ethics: Sex With Clients Edition

/ Jack Marshall / 7 Comments

Diane, Diane..what were you thinking?

Last night’s episode of TV’s smartest legal drama since the 1960’s, CBS’s “The Good Wife,” dealt with the “no sex with clients” ethics rule adopted by most states (but not Washington, D.C.!) in a continuing subplot about the budding romance between firm tigress-partner Diane Lockhart (Christine Baranski ) and ballistics expert Kurt McVeigh, played by Gary Cole. In the episode, entitled “Silver Bullet,” Lockhart decides to represent McVeigh when he is sued for millions.

That’s her first ethics mistake. Continue reading →

Eroding Public Trust: Obama and General Electric’s “Appearance of Impropriety”

/ Jack Marshall / 2 Comments

The fact that an official act appears to be sensible and fair does not necessarily mean that it is ethical.

Consider the EPA’s waiver of the new global warming regulations for a stalled power plant project in California. Officials reviewed EPA policies and decided it was appropriate to “grandfather” projects such as the Avenal Power Center, a proposed 600-megawatt power plant in the San Joaquin Valley, and thus exempt them from new federal limits on greenhouse gases and conventional air pollution. The Avenal Energy project, explains Environment and Energy News, is a combined-cycle generating plant consisting of two natural gas-fired General Electric 7FA Gas Turbines with Heat Recovery Steam Generators (HRSG) and one General Electric Steam Turbine.

Translation: It is a huge G.E. contract.

Hmmmm. Continue reading →