Month: May 2014

A Puzzlement! Non-Lawyers Desperately Need A Legal Education, And Unemployed Lawyers Think Theirs Is Worthless

/ Jack Marshall / 17 Comments

 

Quick, get a non-lawyer to pay you to teach him about the law, then you will have rent money, and he'll be unemployable!

Quick, get a non-lawyer to pay you to teach him about the law, then you will have rent money, and he’ll be unemployable!

From the Fordham Law Review comes an article making an important point about American life: it is so intertwined with laws, regulations and procedures that citizens are overwhelmed, and at risk of serious adverse consequences. This provides a function for lawyers, indeed an essential one: allowing citizens of a democracy to be protected and served by laws rather than victimized by them. That is a function lawyers often serve, however, after legal ignorance has raised the specter of harm. From the abstract of Bridget Dunlap’s “Anyone Can Think Like a Lawyer,” which argues for “legal empowerment” for non-lawyers, and the duty of  lawyers to provide it: Continue reading →

Judges Who Appear To Have Difficulty Grasping The Seriousness Of Rape, And The Results Of Misallocating Values

/ Jack Marshall / 36 Comments
Ok, I grant you, he drugged his wife to rape her for three years. But she was snippy when she was conscious...have some compassion!

OK, I grant you, he drugged his wife to rape her for three years. But she was snippy when she was conscious…have some compassion!

In Indiana, Superior Court Judge Kurt Eisgruber decided that jail time was too harsh for David Wise, who was convicted of  drugging his wife, raping her in her sleep, and videotaping the rapes…for three years.  He sentenced Wise to eight years of home confinement, with the remaining 12 years of his 20-year sentence suspended. Prosecutors had asked for a forty year sentence.

For some reason, Wise’s victim and former wife Mandy Boardman still holds a grudge. She recounted to the press how she would wake up puzzled, with a half-dissolved pill in her mouth. Finally, all became clear when she found videos of sexual encounters on Wise’s cell phone, and her husband confessed to her that his non-consensual sex with his drugged wife had been going on for more than three years. In trial, he explained that she was a little snippy sometimes, so drugging her and having her unconscious during sex made it a lot more pleasant for him.

Judge Eisgruber has declined to explain why this horrendous crime doesn’t warrant imprisonment, though he is running for re-election unopposed this fall, making a write-in campaign for, well, just about anybody or anything essential, I would think. He did express concern with the victim’s conduct, however, imploring her to forgive her ex-husband for his astounding breach of  trust, respect, fairness, dignity, and honesty, not to mention the law, telling Boardman during the sentencing  hearing, “I hope that you can forgive him one day, because he’s obviously struggled with this and struggled to this day, and I hope that she could forgive him.” The judge added, helpfully,

“Ultimately, I think that helps a lot of people heal — it helps them to reach that point. Some can, some cannot. I’m not in her shoes, I’m not able to say one way or another … It’s not something that’s limited to her or this case. But when people are really struggling, I just offer that out. … I just hope that they find peace.”

Continue reading →

Ethics Quote Of The Week: Former Princeton President William G. Bowen

/ Jack Marshall / 11 Comments

“I think that Birgeneau, in turn, responded intemperately, failing to make proper allowance for the immature, and, yes, arrogant inclinations of some protestors. Aggravated as he had every right to be, I think he should be with us today.”

—— William G. Bowen, former Princeton President and last-minute substitute 2014 Commencement speaker at Haverford College. Bowen’s predecessor as Haverford’s designated graduation VIP, former Berkeley Chancellor Robert J. Birgeneau, had withdrawn in response to Haverford student protests that he had been too tough on the Occupy Berkeley protesters.

"Honored graduates: My advice is that when faced with determined opposition, if you know you are right, run away. Thank you."

“Honored graduates: My advice is that when faced with determined opposition, if you know you are right, run away. Thank you.”

Yes, bravo. Many pundits have commented on the epidemic of anti-free expression attitudes on campus, as various groups on campuses across the country have effectively vetoed speakers at Commencements and other forums that threatened to disturb their unshakeable belief in the infallibility of their judgment and analysis of the world before their 22n’t birthday. Yes, students are arrogant, immature, intolerant, easily misled and often ridiculous; we knew that. Thus it is up to the adults to set them straight and teach them some useful life lessons. One such lesson should be to refuse to back down in the face of criticism and opposition just because it will require character, fortitude and courage to do what you have every right to do. Continue reading →

Michelle Obama’s Hashtag Mini-Train Wreck

/ Jack Marshall / 30 Comments

mo_selfie_lg

The debate over Michelle Obama’s ill-advised foray into hashtag diplomacy–itself a misbegotten creature whose birth we will live to regret, if we don’t already–has turned nasty and stupid, and, of course, partisan, with the media, so incapable of objective analysis now that it hurts even to watch it pretend, rushing to defend the First Lady who walked right into this spinning blade, and should have known better.

Some observations and conclusions:

  • When the First Lady, any of them, presumes to wade into policy matters with the force of her husband’s office behind her, he is presumed to approve. When the policy matter involves international diplomacy, which, we hope, is carefully planned, whatever action or statement the First lady makes is indistinguishable from a Presidential action. Would the President of the United States appear anything other than weak and ridiculous if his response to any international crisis was to hold a sign in a photograph for Twiiter and make a frownie-face? No. Therefore, it was damaging to the President, the office and the nation for Michelle to tweet the same, but with her in his place, out to the world.
  • Two analogies, one real and one hypothetical, come to mind. In his short term of office, President Gerald Ford’s major domestic problem was exploding inflation, and he obviously had no idea what to do about it. His “program,” essentially, consisted of publicizing the mantra “Whip Inflation Now!,” most prominently embodied with the infamous “WIN” buttons. Ford was widely ridiculed by this exercise in futile gesture and magical thinking. He deserved it. Michelle’s stunt—it is a stunt—is redolent of Ford’s buttons.

The hypothetical: Imagine if the U.S. and the world’s (disgraceful and ) general policy of contrived ignorance of the Holocaust prior to our entering World War II was addressed by FDR having his “legs,” Eleanor, pose for a photo as she held up a sign reading “Save the Jews”…and frowning. Continue reading →

No, NPR, The Ice Cream Truck Isn’t “Racist,” But I Know Why You Want Us To Think So

/ Jack Marshall / 103 Comments
ice cream truck

“Racism! Come and get your delicious racism!”

I will not be surprised to see a formal course of study emerge in the near future in our institutions of higher learning, teaching the skills necessary to become a certified race-grievance manufacturer. One would be trained in such classes as Advanced Race-baiting, Historical Distortions, The Uses of Paranoia, and The  Permanent Victim Mindset, and a typical honors thesis would be exactly like the essay featured on NPR’s website, by Theodore Johnson III, but with footnotes. Come to think of it, maybe that’s where Johnson’s article did come from. If so, I’m sure he got an A.

And, as was the objective, other race-baiting lackeys, like RYOT’s Viola Knowles, picked up the baton by taking Johnson’s thesis to the next level, with her opus, “So It Turns Out Your Beloved Ice Cream Truck Is Actually Super Racist.” Like its origin, the piece is a lesson in confirmation bias and intellectually dishonest research. Also like the NPR piece—and tell me again why my tax dollars support an institution that encourages racial distrust—it is sinister in intent. “If you’d rather I not crush all of your beautiful childhood memories with ugly racism then you may want to leave now,” she begins ominously. For NPR has discovered that the jingle traditionally played by the friendly neighborhood ice cream truck—“or the racist truck,” she says, is “one of the most racist songs in America.”

Here, in brief is Johnson’s thesis— Continue reading →

Triple Crown Ethics: New York Racing Gets An Integrity Check

/ Jack Marshall / 18 Comments

affirmed.1The best example of the ethical problem with the Star Syndrome, the expedient and destructive compromise organizations make to allow a high-level performer break rules and indulge in conduct that would not be tolerated in other employees, that I have seen in a long time involves…a horse.

California Chrome has won the first two races in the Triple Crown, with only the Belmont Stakes remaining. Horse racing hasn’t had a Triple Crown winner in decades, and has suffered as a result; everyone is rooting for its latest star to finally achieve the heights last reached by Affirmed in 1978. But CC used a nasal strip in his last six races, all victories, and while the devices, which aid breathing, are allowed by the racing rules of all states but one, New York, home of the Belmont, is the one. The owners of the horse say they may not run him if he isn’t allowed to use the strip (they are almost certainly bluffing, but its a good bluff); a request for an exception is pending.

The ethics here is simple as pie. If its a valid rule, then no exception should be made just because the horse in question is on the verge of making history. If it was an arbitrary rule, it should have been eliminated before now.  If the stewards allow California Chrome to use the strip because, well, he’s a big shot and it will be a shot in the arm for racing, but then go back to prohibiting ordinary horses to use it, that will be an outright rejection of fairness and integrity (not that this will be news flash for racing critics.).

If the rule was a good one in the first place, then it should apply to California Chrome. Waiving it just for him is favoritism, and unethical.

That, however, is exactly what will happen. Watch.

 

Jurassic ObamaCare

/ Jack Marshall / 13 Comments

jurassic-park

John Hammond: All major theme parks have delays. When they opened Disneyland in 1956, nothing worked!

Dr. Ian Malcolm: Yeah, but, John, if The Pirates of the Caribbean breaks down, the pirates don’t eat the tourists.

That memorable exchange from Jurassic Park came to mind constantly when major break-downs in the Healthcare.gov website were being called glitches by government toadies and the news media (but I repeat myself), and it came to mind again when the President was taking his absurd victory lap in April after the enrollment figures came out, as if the public’s ability to finally make the damn website work was the final definition of success.

Like the pathetic Hammond, the visionary who built his dinosaur theme park only to see it fall victim to Chaos Theory and hubris, Obamacare’s army of deceitful supporters and cheerleaders resolutely refuse to admit what should be apparent. The project was too ambitious, badly designed, sloppily executed, and dependent on too many untrustworthy contractors—like Dennis Nedry, who was just Newman in disguise. The evidence has been obvious, but as has now become standard operating procedure for this epically incompetent, amateurish, dishonest and unaccountable administration, the strategy has been to deny, delay, confuse, posture and accuse, while hoping some miracle or collective amnesia prevents the day of reckoning.

Yesterday we learned the raptors are out of their enclosure. On top of the revelation that the enrollment numbers do not ensure the stability of the program as various disgraceful choruses from the media claimed in March, we were told this (from the Washington Post): Continue reading →

Comment of the Day: “The Humiliation of Jessica Urbina”

/ Jack Marshall / 7 Comments

catholic church

I confess to priming Patrice, an old friend and the resident Catholic theologian here, for this. I have known here for many years, and she is what I would call a passionate and rebellious Catholic scholar, and hoping she would weigh in on my criticism of the Catholic Church in the wake of the treatment of high school senior Jessica Urbina, which I view as symptomatic of the Church as it is of the schools. As I expected, however, Patrice makes a strong case.

Here is her Comment of the Day on the post, The Humiliation of Jessica Urbina:

Well, you knew I was going to respond, right?

“The cruel treatment of Jessica is one more indication of the sorry state of the Catholic Church, which appears to be a fatal cesspool of hypocrisy, desperate public relations, and an integrity vacuum. There are two kinds of Catholics, it seems: those who profess the be devout followers of the Church but who discard and violate its doctrine and core principles whenever they seem too burdensome, unpopular or embarrassing, and those who blindly follow the dictates of the Church, no matter how clearly they have been proven wrong and wrongful by the accumulated experience and wisdom of civilization, because morality never changes.”

So, what am I? The feckless “Cafeteria Catholic” or the “Fundamentalist Catholic”? I really take exception to your gross generalizations about Catholics as being one or the other of your versions. Knowing me, Jack, how could you make such generalizations?

As a sometime student of Theology, I prefer to see myself as a Catholic who dissents in good conscience from certain teachings of the Church — not because they are “too burdensome, unpopular, or embarrassing,” but because I believe that there is more to be learned from the core teachings of Jesus than what we have thus far proclaimed. And for the record, I am saddened by what happened to Jessica. What the school did (notice I say school, not church) was not compassionate, kind, or tolerant.

The Catechism of the Catholic Church states the following:
“A human being must always obey the certain judgment of his conscience. If he were deliberately to act against it, he would condemn himself.”

The problematic part comes after that: “Yet it can happen that moral conscience remains in ignorance and makes erroneous judgments about acts to be performed or already committed.” It’s kind of a Catch 22. Does the Church see a well-formed conscience as one that has been properly educated (indoctrinated?) in the “truths” that the Church has put forth, and therefore agrees with the Church on all matters? Maybe. I suspect that this conscience thing was intended to give courage to Catholics who would have to disobey their “Catholic conscience” to do something they were being encouraged or forced to do in the secular world that is against Church teachings. Thus, martyrs. Regardless, I stand by my educated conscience.

I hold up the subjects of my senior thesis, which was about dissent in the Church: Hans Küng and Charles Curran. Both censured for their dissent, but still voices in the wilderness. Look at Pierre Telhard de Chardin. Got into a lot of trouble for his writings, but somewhat “rehabilitated” in today’s world of theological thought.

With regard to Jessica, I see this as an educational system problem, because it might have happened at any school. The fact that it happened at a Catholic school makes it look like a Catholic problem, but I sense that you would find the same problem in schools in various places around the country, as well as other denominations which teach (yes, there are others) that homosexuality is wrong/forbidden/whatever. I’m sure I’m breaking one of your principles here, but really I do see this as an authoritarian school problem first and foremost. It’s also a self-expression issue.

I personally wish Jessica great success as she, no doubt, continues to break the barriers that keep her and others from being and expressing who they are.

The Circus, The Animal Lovers, And The Saint’s Excuse

/ Jack Marshall / 11 Comments

Ringlings_Elephant

Animal rights groups just paid a large price for falling prey to #13 on the Rationalization List, The Saints Excuse, which is described in part thusly..

This rationalization has probably caused more death and human suffering than any other. The words “it’s for a good cause” have been used to justify all sorts of lies, scams and mayhem. It is the downfall of the zealot, the true believer, and the passionate advocate that almost any action that supports “the Cause,’ whether it be liberty, religion, charity, or curing a plague, is seen as being justified by the inherent rightness of the ultimate goal…The Saint’s Excuse  allows charities to strong-arm contributors, and advocacy groups to use lies and innuendo to savage ideological opponents. The Saint’s Excuse is that the ends justify the means, because the “saint” has decided that the ends are worth any price—especially when that price will have to be paid by someone else.

And thus it was that  in 2000 a former Ringling Brothers circus worker filed a lawsuit claiming that the circus’s elephants were abused, just as animal rights groups have long claimed. It was later determined that he had been paid at least $190,000 by the animal rights groups, including the Humane Society, the Fund for Animals and the ASPCA, to back their charges. This is illegal. This is unethical. After a 2009 trial found that the abuse allegations could not be proved, the circus sued for legal fees. The ASPCA paid Ringling Bros. $9.3 million in a settlement in 2012, and now the other groups will have to cough up $16 million. They got what they deserved. Continue reading →

The Humiliation of Jessica Urbina

/ Jack Marshall / 36 Comments

JESSICA_URBINA

Every year at this time, Ethics Alarms covers one or more ethics controversies over a yearbook photo that has been deemed inappropriate for a high school graduation yearbook. The 2014 controversy, I think, has more significance than the others. Like other examples of rigid school administrator enforcement of poorly though-out rules and blatant cruelty to children, what was done to Jessica Urbina demonstrates the peril of allowing those in what no passes as the education profession to have power over our children, since they so frequently abuse it, or influence over the development of our children’s character, as the administrators display such flawed character themselves. The more I think about this incident, however, the more I conclude that it foretells the dying of a major religion in this country, and why it may deserve to die.

The yearbook photo of senior Jessica Urbina was deleted from her class  yearbook because she wore a tuxedo. School officials at San Francisco’s Sacred Heart Cathedral High School said  she violated the Archdiocese of San Francisco’s policy because she didn’t wear the dress that’s required for female students in yearbook photos. This is the no-tolerance version of yearbook photo rules, sexist, anti-gay, cruel and stupid. Jessica isn’t dressed inappropriately or unkempt; in fact, she looks great. She took care to make herself presentable for her yearbook, and succeeded. Quite reasonably, however, she decided to appear in clothing that made her feel comfortable, given her sexual orientation, for she is reputedly gay. Tuxes are not a gay uniform by any means; hetero and gay women have worn them as fashion for decades. Below are, clockwise, Ellen Paige, Kim Kardashian, Madonna, super-model Danielle Luquet de St Germain, and the immortal Marlene Dietrich:

Celebs in Tux

I know: yecchhh! How disgusting!

Seriously–there is nothing, nothing, provocative, inappropriate or wrong with Jessica’s attire. She is nicely groomed, her clothing is impeccable, the photograph is impeccable, and she looks cute and happy. The school officials knew what to do about that.
 Continue reading →