Year: 2013

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 →

Comment of the Day: “The Right Thing In Spite Of Themselves: CNN And NBC Abandon Their Hillary Projects”

/ Jack Marshall / 6 Comments

Frequent commenter and left-leaning warrior Ampersand delivers a typically provocative and well-stated comment touching on many matters. Here is his

I'm sure it's justcoincidence that no similarly misleading and undignified photo of President Obama found its way into the newsmedia during the 2012 campaign. Just luck of the draw. Could have just as easily happened to Democrat or Republican...

I’m sure it’s just coincidence that no similarly misleading and undignified photo of President Obama found its way into the newsmedia during the 2012 campaign. Just luck of the draw. Could have just as easily happened to Democrat or Republican…

Comment of the Day, on the post “The Right Thing In Spite Of Themselves: CNN And NBC Abandon Their Hillary Projects,” and yes, I’ll have some comment of my own afterwards:

“Especially in primary debates, I’d like to see more partisanship. Why shouldn’t candidates in the GOP primaries face questions from solidly right-wing partisans? Why shouldn’t the Democrats have to face questions from solidly left-wing partisans? There are a couple of reasons I’d like to see this.

“One, primary voters are typically more partisan than average voters. Their views should be represented. Rush is more likely to ask questions that genuinely reflect the concerns of tea party voters than some empty suit from CNN is. Ditto for Melissa Harris Perry (say) and progressives.

“Two, I’m sick of right-wingers whining about media bias every time their candidates prove to be idiots. It is NOT biased or ‘gotcha’ to ask what magazines a candidate reads; and if a candidate can’t think fast enough on her feet to answer that question, it’s NOT the media’s fault. I’d really like to see your people being asked questions only by people with impeccable right-wing credentials, so that when some of your candidates inevitably give bad answers, you’ll be forced to actually accept some actual responsibility, rather than whining and blaming everything on the “biased’ media. Continue reading →

Case Study In How Sports Encourages Consequentialism: The 1968 Detroit Tigers

/ Jack Marshall / 3 Comments
Mickey Stanley in 1968: learning a new position in the World Series, making us dumber...

Mickey Stanley in 1968: learning a new position in the World Series, making us dumber…

Frequent readers here know that I often inveigh against consequentialism in its various forms, from labeling sound decisions “mistakes” when they don’t pan out due to uncontrollable factors, to pronouncing unethical conduct as ethical because it chanced to have some beneficent results. This particular hydra seems to be a tough one to kill, and one of the reasons is, I realize, the pervasiveness of sports in our culture.

Reflecting on sporting contests, particularly those involving teams, routinely generates hindsight bias on the part of fans and sports commentators….for one thing, it’s fun to second guess managers and coaches from the safety of an armschair or from behind a computer screen. Unfortunately, the practice endorses consequentialism. Decisions that result in a win are seldom criticized, no matter how moronic or misguided they may have been; tactics that ended in defeat are always called “mistakes,” or worse.

The baseball post-season began yesterday. We won’t see a World Series game until October is almost over, but there was a time, children, long ago, before divisions and the designated hitter, before steroids and ESPN, when in major league baseball, the World Series was the post season. This was the case 45 years ago, in 1968, when the Detroit Tigers, who had clobbered the American League competition on the way to a 103-59 record, including the last 30 game-winning season by any pitcher, turned in by Denny McLain. They were about to face the reigning baseball champions from 1967, the NL’s St. Louis Cardinals, led by future Hall of Famers Lou Brock, Orlando Cepeda, and Bob Gibson. Both were veteran teams and well-balanced; there was every reason to believe that each had a good chance at victory. Certainly, neither was in need of any last-minute overhaul.

Nonetheless, Tigers manager Mayo Smith decided to take a gamble. Continue reading →

We Pause For This Brief Message…About Pauses

/ Jack Marshall / 3 Comments

pie-fight2

The legal ethics CLE business is peculiar: about 50% of it takes place in just two months, September and October. For me, in addition to presenting fascinating cash-flow puzzles, this means that I am jetting off into U.S. air transportation Hell an average of twice a week, or making long, mid-might drives around Virginia. I have other responsibilities too, such as keeping up with ethics developments and, in years like this one, ushering the Boston Red Sox to the World Series. Often this makes me sick, as I now am, and I’m not as young as I was, well, just yesterday in fact.

One of the unfortunate results of all this is that am behind on my Ethics Alarms coverage, and there is a lot going on. I have a huge backlog of terrific topics that have been sent to me by many of you, and “A List” news stories that I had queued for essays are gathering mold. I have also been less able to join in the combat in the comments, which have been doing very well without me, thanks—though tgt is still AWOL!—and more seriously, I have sometimes been late approving comments of those new to the blog. [Side note to “Passerby”—I’m sorry it took me a day to OK your comment orgy: your comments—all 15 of them, civil and well-considered— are up, and future ones should post immediately now. But you still owe me, privately, at jamproethics@verizon.net, your real name. Check the comment policies, please! Welcome.]

There’s a month of this to go, and I will try to cover the ethical outrages, dilemmas and controversies being thrown at us like pies in a Max Sennett comedy  more thoroughly in October than September. Bear with me, and I thank you all for your tolerance, attention and loyalty.

And good night, tgt, wherever you are…

Now THAT’s Unprofessional!

/ Jack Marshall / 17 Comments
"911...what is your emergency?"

“911…what is your emergency?”

There are many professions where a whimsical, even a black sense of humor is useful, perhaps essential. If M*A*S*H taught us anything, it taught us that. 911 operator, however, is not one of them.

I say this knowing that I would be dreadful at the job, as I find it hard not to see humor in disasters that befall others, or even myself—-too many Warner Brothers cartoons, perhaps. 911 operators must maintain a cool, calming, respectful demeanor, even when they are being told by a panicked mom that her kid super-glued a rat to his sister, that her home has been invaded by thugs dressed as Muppets, or the house has been engulfed by a flood of molasses. I couldn’t do it.

But then, it’s not my job.

It was the job of the operator on this call, though: Continue reading →

Encore: “The Ethics of Letting a Lying Defendant Testify”

/ Jack Marshall / 11 Comments
"Objection! The defendant's pants are clearly on fire!"

“Objection! The defendant’s pants are clearly on fire!”

I’m in Ohio today, talking about legal ethics with a large law firm, and the discussion there turned to the difficult problem of the lying criminal client. Here is a post on the topic from the early days of Ethics Alarms, slightly updated, and the disturbing thing is that we are no closer to finding a satisfactory and ethical solution to the problem.

What do you do when your guilty client wants to claim he’s innocent in the witness chair, under oath? Continue reading →

The Right Thing In Spite Of Themselves: CNN And NBC Abandon Their Hillary Projects

/ Jack Marshall / 9 Comments
Hillary Clinton, in her dreams...and Bill's...

Hillary Clinton, in her dreams…and Bill’s…

If CNN and NBC had any sense of responsibility, fairness and respect for the American political system, neither would have planned Hillary Clinton projects—CNN, a documentary, NBC, a “docudrama” mini-series—for the coming year, in which the controversial Ms. Clinton is expected to begin running for President of the United States. Neither deserves any credit for cancelling them now, after pundits and especially the Republican Party screamed foul, and foul it was.

There is no way either product could avoid making difficult content choices that would be inevitably influenced by such non-ethical considerations as entertainment value, ratings, political pressure, and artist bias. The documentary and the mini-series would necessarily distort fact and history, because so much of any contemporary figure’s life and career has yet to be objectively examined, and no more so than Hillary Clinton, as polarizing and mysterious figure as U.S. politics has ever produced, rivaling Richard Nixon and Aaron Burr. Continue reading →

The Truth Behind School Anti-Gun Madness: In The Battle of the Razors, Occam’s Beats Hanlon’s

/ Jack Marshall / 17 Comments
"GUN!!!!!!!!!!!!!!!"

“GUN!!!!!!!!!!!!!!!”

My parents once gave me a tie clip with a tiny derringer on it, which I wore to school frequently. Occasionally, I loaded it…you see, the gun took a miniscule cap, and when you pulled the trigger, the report was shockingly loud. Had this been the kind of itsy-bitsy gun that 12-year-old Joseph Lyssikatos had on his key chain (his gun was slightly larger than a quarter; mine was slightly smaller than a nickel), then his school might have had a valid reason to object. But it wasn’t. His gun was a decoration only, but it didn’t stop the school from suspending him for three days.

I’ve been pretty dense about these cases, I must admit. I used to think it was just no-tolerance idiocy, merged with post-Sandy Hook paranoia, that was behind all of the silly news stories. It finally dawned on me that it is far more sinister than that: this is a deliberate and relentless process of state indoctrination. The schools, teachers and administrators are determined to make  future generations of Americans just as fearful and negatively disposed toward guns, and thus toward self-sufficiency and the Second Amendment, while pushing them to embrace complete dependence on a government that cannot be depended upon, and trust in a government that has proven progressively more untrustworthy. Continue reading →

From Oklahoma, A Remarkable Ethics Lesson

/ Jack Marshall / 6 Comments

hartmanparkinglot_610x458

Young Christian Lunsford was disgusted when he saw the TV report about the mugging of seventy-eight-year-old Tona Herndon of Bethany, Oklahoma, robbed while visiting the gravesite of her husband of 60 years, who had died just two weeks earlier. It wasn’t merely that the mugger took a purse and $700 from a vulnerable and grieving woman, but that the culprit was Christian’s father. He had been quickly arrested, and his mug shot, shown on TV, was all-too-familiar to his fifteen-year-old son. Christian’s parents divorced when he was two, and his contact with his father had been minimal as the elder Lunsford kept ending up in jail. The teen had recently heard from his dad, however, when he sent Christian $250 to pay for his participation in a school band trip.

The latest crime, however, moved Christian to do something exemplary. He contacted Tona Herndon and asked her to meet him in a church parking lot. When she did, he mugged her too, as a tribute to his father.

No, that’s not what happened: I was just messing with you. Continue reading →

Are Universities Ethically Obligated To Tolerate Professors Who Embarrass Them By Saying Idiotic And Offensive Things?

/ Jack Marshall / 9 Comments

Apparently the answer to the above is “Yes.”

"Duh!"

“Duh!”

If the university is a state school, then for it to fire a professor who makes ridiculous, foolish or hateful statements that make people wonder why they should ever entrust the minds of their tender charges into an institution that would knowingly hire cretins and jackasses to pollute student RNA, then this is probably a First Amendment violation, since it amounts to the government punishing speech and chilling free expression. If, on the other hand, the university involved is not a state school, then to send a professor packing because he or she has rammed his or her foot down his or her throat up to the knee is a violation of the crucial principle of academic freedom, which is, in brief, that to encourage the free discussion of ideas on a college campus, education being the purpose of the institution, literally no idea, point of view or position should be blocked or chilled by substantive negative action.

Three cases of recent vintage illustrate the university’s plight: Continue reading →