1. Child services, please! Recalling the scofflaw fool who was kicked in the cajones by a wild horse he was supposed to avoid touching, we have this story in the Washington Post, about a bunch of tourists who defied Yellowstone National Park rules until this happened…
Wow! That’s the gold medal in the Bison Olympics “Little Girl Toss” for sure. She was treated and released, but her parents should be prosecuted. In the category of Rationalization #22, “There are worse things,” here’s a comment on the Post story, flagged by Ann Althouse:
I grew up about an hour outside of Yellowstone and have spent many happy years in the park. I now live on the east coast, but try to go back every few years. Every single time I’m in the park, I see people doing the stupidest, most dangerous things. The last time, I was leaving the Old Faithful Inn after supper and noticed a small herd of bison hanging around. (A very common sight) Not being a complete idiot, I decided to take a different path back to our campground, a path and would not take me near the bison. Then I noticed a man with his small child heading toward the herd. I stopped him and warned that he might want to stay away, particularly with his child. He told me to f-off and kept walking. I watched as he got very close to the first bison and then saw him pick up his child and start to try to put the kid on the back of the bison. A bunch of other people started shouting and I ran for a ranger. Thankfully, the ranger managed to stop the idiot before tragedy. Unusual? Not really!
2. Can #MeToo survive progressive hypocrisy? Personally, I hope so. Sexual harassment is a massive problem; I keep telling my legal ethics audienbces that the legal profession’s Harvey Weinstein will be exposed any time now, and probably will lead to many Harveys-at-Law. However, the more the movement is weaponized for political expediency, the less credibility it has. Continue reading →
The incident above is what George Will likes to call “condign justice.”
Signs all over Assateague Island in Maryland tell tourists not to touch the wild horses that are the island’s most famous feature. They reputedly came from a Spanish galleon that sank close to shore centuries ago. Naturally, some scofflaw jerks who specialize in ruining public parks, beaches and recreation area for everyone else by presuming that rules do not apply to them persist in aggravating the beasts.
This one was spectacularly and appropriately rewarded. Even if this guy’s injuries had been less amusing and more serious, he deserves no sympathy at all.
Extra points to the horse for picking someone who has no business wearing a speedo.
Florida disciplinary authorities have opened an investigation into the professional fitness of a lawyer who forced a stowaway racoon off of his boat a long way from shore, and thought it was all amusing enough to post a video of the incident on Facebook. The bar’s assumption is that the animal drowned. The lawyer is now subject to prosecution for a violation of Florida’s wildlife laws.
In Florida, as in every other U.S. jurisdiction, one of the kinds of unethical conduct that can result in bar discipline is committing “a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects,” as stated by Rule 8.4 (b) of the Florida Rules of Professional Conduct . Should the nautical lawyer’s conduct qualify?
You may recall a far more egregious case of animal cruelty by a lawyer discussed here, where I questioned if a psychopath lawyer’s fatal attack on his girlfriend’s dog Snoopy really tells us anything about his trustworthiness as a lawyer. I wrote then,
Emotionally, I have no problem with seeing an animal abuser kicked out of my profession, but I don’t understand what values are being applied. Is it the commission of a crime? Most lawyer crimes don’t result in disbarment, if they don’t involve lying, cheating or stealing. …There is no basis on which to conclude that [Snoppy’s killer] isn’t competent, zealous and trustworthy—just keep him away from pets.
Now, you may well ask, “Isn’t this at least “moral turpitude?” That’s the character flaw that will keep applicants for bar membership from getting a license due to character deficiency. There are two points related to that. First, moral turpitude might keep you out of the law at the outset, but it is not one of the official no-nos that will get you kicked out of it one you are a practicing lawyer. The legal definition of moral turpitude is an act or behavior that gravely violates the sentiment or accepted standard of the community. Brutalizing an animal would certainly qualify. The ABA, however, greatly narrowed the definition as it was applicable to legal discipline:
The 1983 Model Code (periodically amended by the ABA House of Delegates over the last 32 years) rejected the prohibition against “illegal conduct involving moral turpitude.” The ABA’s reason, which it included in a Comment to its Rule 8.4, was quite simple: “Moral turpitude,” the ABA advised, is a “concept can be construed to include offenses concerning some matters of personal morality, such as adultery and comparable offenses, that have no specific connection to fitness for the practice of law. Although a lawyer is personally answerable to the entire criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of those characteristics relevant to law practice.” The American Law Institute’s Restatement of the Law Governing Lawyers § 5 (Third) (ALI 2000), agreed. It also concluded that “moral turpitude” is vague and may lead to discriminatory or otherwise inappropriate applications.”
This looks like an Ick Factor case to me. The abuse of poor Snoopy is so viscerally repulsive that the bar and the courts can’t keep their ethical priorities in order. It is also, as particularly ugly discipline cases often are, a matter of public relations and self-preservation for the legal profession. The bar association knows that not banning a lawyer like Pastor—one hopes there aren’t many–signals to the public that the bar welcomes brilliant advocates who may be monsters in their spare time. That is a dark and dangerous road the profession would rather avoid.
The lawyer in the Florida video also has some defenses the poodle-stomper did not. Raccoons are wild animals, and cute as the are, they also bite. I wouldn’t want to be trapped on a boat in middle of the ocean with one, though I wouldn’t throw the critter overboard either, unless it was me or him. (My father had a home movie of me jumping out of a canoe and swimming to a lake’s shore when I saw a large spider in the vessel. Of course, I was only 15. All right, I was 26….) The raccoon may have also been a better swimmer than everyone assumes: unlike in the case of poor Snoopy, the lawyer wasn’t trying to kill the animal, just get it off the boat.
I do not, however, second the opinion of Law professor Dane Ciolino, writing on his Louisiana Legal Ethics blog, who says in discussing the case, “A Maryland lawyer was suspended for microwaving a cat. But a racoon? I think not.”
Wait—is the professor really saying that microwaving a live raccoon would not justify bar sanctions, but a cooking a cat does? That’s animal bigotry, but it is consistent with what I detected in the Snoopy case. If that lawyer had stomped to death a raccoon that wandered into the apartment, I doubt that he would have been disciplined.
Yet animal cruelty is animal cruelty. If gratuitously killing a dog or a cat shows that a lawyer is unfit to practice, so does unnecessarily killing a raccoon.
Is shooting a big, beautiful male lion who was minding his own business ethical?
The two lovebirds are Canadians Darren and Carolyn Carter, who like killing big, beautiful wild animals. They also are in the taxidermy business, so they create the “art” of preserved beautiful dead animals for those who also either enjoy killing them or who like having the stuffed dead creatures, or just their heads, as trophies or decoration.
It is fair to say that at this time in human culture in North America, simply killing big game for the thrill of it is considered cruel and wrong. The fact that the Carters are taxidermists gives them a little more ballast in a utilitarian argument. In general, killing anything just to kill it is unethical: it ends a life, and life has positive value. Killing an animal to eat it helps balance out the ethical considerations, as we regard human life as having higher value than animal or plant life. Killing a lion to save a human life—as in the situation where a lion is deliberately stalking and killing people, like the two “Tsavo Man-Eaters” responsible for the deaths of construction workers on the Kenya-Uganda Railway between March and December 1898 (dramatized in the film, “The Ghost and the Darkness”) would also be ethical.(Those lions are stuffed and on display in the Marshall Fields Museum in Chicago.)
If one doesn’t deny the value of taxidermy as art, furnishings or as museum exhibits for historical or educational purposes, then maybe the practice has sufficient value to human life to sustain the argument that killing even a harmless lion to stuff it is ethically defensible. Personally and professionally, I find that to be a weak and rationalization-stuffed argument, but let’s give the Carters the benefit of the doubt for now.
The killing was legal. It was, however, the result also a so-called “canned hunt” in South Africa, where a company called Legelela Safaris arranges opportunities to shoot magnificent wild animals for a fee. If it’s sport, it’s barely sport, and, of course, there are many, many sports that do not require killing anything. If one can do something without causing harm (like killing a living creature), it is unethical to deliberately do it while causing harm. Yes, the circumstances surrounding the kill are ethically dubious at best.
I know this is too stupid to even comment on, but since my mind is still very much on my recently departed Jack Russell Terrier Rugby, and because this tweet really meets the definition of racist, unlike some other recent tweets being labelled as such, I won’t resist posting on it. I could resist, but I won’t.
Here’s the tweet:
What an idiot. Also…
Twitter hasn’t suspended the account.
Nobody who has actually owned a dog would ever analogize the relationship to slavery.
Nobody who thought for twenty seconds before tweeting this would make that analogy either.
What about all the African-Americans who own dogs? Oh, right: slavery was practiced by African tribes too. I guess that explains it.
Human Events Managing Editor Ian Miles Cheong tweeted back, “Listen, I just wanted to thank you for driving more people towards the right.Trump wouldn’t be president without people like you.”
All right, that’s enough stupidity for one day. Between the anti-manspreading chair and this, I’m way over my limit.
1. Today’s ridiculous note on the heartbreak of Self-Awareness Deficit. Republican Mark Sanford, the defeated former U.S. congressman from South Carolina who is best known for having to resign as governor after going AWOL to visit his South American mistress, said yesterday that he is considering mounting a primary challenge to President Donald Trump. (Psssst! Mark! The RNC has already said that there would be no debates, and the primaries are a mere formality.) Sanford says he will decide in the next month or so whether to oppose Trump for the 2020 presidential nomination.
The basis on which to run against Trump is character and ethics. Of the entire universe of legitimate potential challengers, an ex-governor who escaped impeachment by resigning after making a spectacle of himself has to be near the bottom, if not lying on it.
Somebody tell him.
2. Update: The Red Sox and the late Ken Poulsen’s son are still resisting common decency, I’m sorry to report. I wrote about the on-field presentation to Brett Poulsen last week, when he was awarded the 1967 World Series ring that his father had inexplicably never received despite being part of the that magical Red Sox season. Then we learned that the Sox infielder’s daughter Kendra had never been contacted by the team or her brother, so she and her children, Ken’s grandchildren had been left out of the ceremony. I’ve tried to alert the team and have passed the story along to a baseball writer friend, so far to no avail. Last night, NESN, the Red Sox-owned cable network, interviewed Brett in the stands during the Sox-Blue Jays game. Once again, the false impression was left that he is the only offspring of Ken Poulsen.
Is it unethical for an ethics speaker to drop trow during a program? I think so. It was a situation I narrowly avoided this morning. I am a rather animated speaker, and after I slammed the D.C. ethics rules into the floor to illustrate a point, my effort to retrieve the volume resulted in the rear snap of my galluses pulling loose from the back of my pants. With an unpantsing imminent (and about to be streamed live to hundreds), I asked my moderator to come down from his platform and rescue me by reclipping the devices on, which he did.
Hilarity ensued.
1. “Asshole” ethics. In another episode today, I referred to Harvey Weinstein as an “asshole,” in the context of discussing the multiple David Bois ethics problems in handling the Hollywood mogul’s representation. The exact statement was “Even assholes deserve competent representation.” This came closely after I had mentioned that lawyer incivility was an ethics problem whether there were explicit rules against it or not. One of the attendees in cyber-space texted a query as to whether it was uncivil for me to use the term “asshole.”
I answered that I was reminded of the moment in “1776” when one of the members of the Continental Congress challenges Thomas Jefferson’s use of the term “tyrant” to describe King George. Is it really necessary, Jefferson is asked, to use such a harsh word? Why resort to an insult? “Because the King is a tyrant,” Tom replies.
I went on to say that I have found that in certain situations, only certain harsh words are sufficiently accurate. What should I call Harvey, a miscreant? A jerk? No, the man is an asshole, I said. I’m not using the term as an ad hominem attack, but as the most accurate term I can think of for someone who has done the things he has done to so many women while indicating no remorse at all. I do not use the term indiscriminately, and would not use it in certain forums, such as open court. But I do not believe in word taboos, and when the description, however harsh, fits, it is not uncivil to make a Harvey Weinstein wear it.
2. Now, what’s the right word for THIS? In the Washington Post, Dan Hassler-Forest reflects on the themes of “The Lion King” and asserts that the lions, hyenas, and gazelles are “stand ins for human societal organizations” and that the themes of the movie “incorporates the white supremacist’s worldview.” Hassler-Forest is an author and public speaker on “media franchises, cultural theory, and political economy” who works as assistant professor in the Media Studies department of Utrecht University in the Netherlands. “No matter how you look at it, this is a film that introduces us to a society where the weak have learned to worship at the feet of the strong,” his article asserts. Continue reading →
1. Any ideas about what was going on here? I’m stumped. This is New Orleans public defender—that is, former New Orleans public defender—Ashley Crawford:
She began working for the Orleans Public Defenders last October, and since that time apparently handled over a hundred cases without having ever acquired a license to practice law. The Orleans Public Defenders said the bar certificate of good standing she presented to the office last fall when she was employed had been falsified, and Ashley used the bar number of another attorney. She’s fired now, and facing charges.
Crawford graduated from the Loyola University New Orleans College of Law in 2016, then clerked for a New Orleans judge beginning that fall. Judicial clerks are not required to pass the bar exam, though many do.
Why would she—would anyone—do this? Now she is facing criminal penalties, and will never be able to practice law legally. It should be far easier to pass the bar exam and be admitted properly than to fake having a law license. She also has caused havoc for the judicial system: any defendant convicted while being represented by Crawford has an automatic right to a new trial.
There’s a lesson, a tragedy, a made-for-TV movie here; I just wish I knew what the lesson is. Continue reading →
For the first time since my son was about to turn 9 almost 16 years ago, our home is without the extraordinary sweetness and aggressive unconditional love of Rugby, my son’s (but really the whole neighborhood’s) extraordinary Jack Russell Terrier.
He peacefully expired after an injection, as he was held tightly by my son Grant, whom he loved beyond explaining, wrapped in the tattered baby blanket that a toddling Grant himself once held for comfort, and that had lined Rugby’s dog bed in my son’s apartment.
In the end, these decisions always come down to ethical values. We received from our vet the not entirely unexpected news that our dog’s sudden lack of energy and stability as well as labored breathing was almost certainly caused by progressive heart failure. Dickens, his more flamboyant and occasionally diabolical predecessor of the same breed, had perished of the identical malady just short of 15 years of mischief. The first question— Is there anything you can do?— was met by an answer we have heard before in earlier animal companion tragedies: “Maybe, but even under the best circumstances, the time will be short.” Continue reading →
I tried so hard to get to the office and the keyboard last night to complete the Warm-Up, but video shooting, exhaustion and sick dog complications made it impossible. I don’t know if slow and steady win anything, but they do make progress…
1. Racist comments poll results: I’m surprised. The overwhelming majority—about 92%— is anti-racist comment censorship. Let’s read the one in question, and tell me if it makes you rethink your vote. How much stuff like this do you want to read?
but ethics..?…in general, doesn’t the word, ‘ethics’ pertain to – things that are helpful or things that are helps or a thing or things that help and/or are helpful ? You can call me a racist, if you like but I don’t hate niggers because of the color of their skin – isn’t that what a racist is ? oh no, no, no, no, no, contraire mon frere…l hate niggers like I hate stepping in shit, as I’m apt to slip and fall and hurt myself. I would have to strongly disagree about your terming of chimpmania and other similar sites as being, ‘unethical’ – chimpmania – specifically, helped me to make my decision, in regards to staying as far and wide and clear and away from niggers, as I possibly can. Whether you can comprehend or not : I’ve seen enough – visually, first-hand to know better than to have anything to do with them. I don’t hate niggers because they’re black, l hate niggers because they’re niggers – my daddy didn’t teach me to hate niggers – niggers taught me to hate niggers. And let me clue you in on the simplest of FACTS about niggers…they come in all shapes and sizes and colors and disguises.
I live in a city that’s 89% White and 4% black and the rest ? – whatever the hell else. Now, which do you think the ethnic group or racial group is that supplies the greatest number of niggers in this city – blacks ? nope… …you figure it out and yes I AM a WhytAy !
What do you learn from this?
Is it fruitful or worth the time to rebut it?
Does a comment like this contribute anything to public discourse or comprehension of relevant issues?
Do you want someone capable of writing this to be participating in other discussions?
2. Ethics Dunce: Jimmy Carter. Yes, the former President decided to choose now to announce that Presient Trump would not have been elected without Russian interference. “There’s no doubt that the Russians did interfere in the election, and I think the interference, although not yet quantified, if fully investigated, would show that Trump didn’t actually win the election in 2016,” Jimmy said. Jimmy is and has always been something of an arrogant jerk. “Although not yet questioned” is a euphemism for ” there is no evidence of this whatsoever, but I believe it anyway.” It is exactly as valid a statement as the President’s statement that illegal immigrant votes cost him the popular vote, which is to say that it has no validity at all. Yet look at all my Facebook friends and yours, citing the failed President as proof that Big Lie #2, “Trump is not a legitimate President” isn’t a lie after all.
This is not just appeal to authority, a logical fallacy, but appeal to a proven-unreliable authority, a stupid logical fallacy. Jimmy’s various fact-free pronouncements since his ejection from the white House by Ronald Reagan have been marked by their fealty to confirmation bias. My favorite was his conclusion that he has been the most accomplished ex-President in U.S. history. William Howard Taft (who went on to be Chief Justice of the Supreme Court), John Quincy Adams (who had brilliant career in the House of Representatives after he lost to Jackson), and Herbert Hoover, whose humanitarian accomplishments post-Presidency dwarfed Carter’s, would beg to differ. Continue reading →
Ethics Alarms 