Jury Rejects Damages Suit By Jefferson School Of Law Grad Who Claims She Was Defrauded. Good.

alaburda

A jury this week rejected a law suit by  Anna Alaburda (above), a 2008 graduate of Thomas Jefferson School of Law. seeking  damages on the grounds that the San Diego institution misled her by fraudulently enhancing  job-placement data concerning its alumni. The case had been hailed by supporters of the alleged “Lawscam” conspiracy theory that holds that students across the country have been gulled by promises of riches, firm partnerships and career success into paying for degree that only brought them debt and disappointment. Similar suits had been dismissed or abandoned, and this was supposed to be the lawsuit that broke the dam.

Alaburda’s sad tale was that she has been unable to find full-time work as a lawyer even though she graduated near the top of her class and she still has to pay $170,000 in educational debt. She sought $125,000 in damages: $92,000 in lost income and $32,000 for tuition and fees.  The San Diego Superior Court jury voted 9-3 to reject her fraud claim, however. A single fact in evidence explains why all by itself: she turned down a perfectly good career-starting offer (paying $60,000 a year) from a firm shortly after graduation, apparently on the grounds that she felt the firm was too hard on mortgage delinquents.  Well, the school didn’t promise nice legal jobs: that was her decision, her mistake, and her misfortune. The rejection of the kind of  job offer many young lawyers were desperate for  broke any chain of causality between the alleged fraud and her alleged damages. I’d like to know where Alaburda’s lawyer went to law school and learned that this pathetic case was a viable suit. Maybe that lawyer should sue for educational malpractice. Continue reading

Pre-Unethical Conditions: Surrogate Mother Contracts And Making Babies With Jerks

womb-for-rent2Most surrogate mother arrangements work out exactly as intended by the participants. A couple or a single parent gets the biologically linked baby they bargained for, and the mother gets what she wanted, cash. To many the contracts seem unethical because the idea, only recently beyond the realm of science fiction, of a woman bearing another couple’s child, or allowing a stranger’s seed to impregnate her,  appears strange, unnatural and  icky, which it is. No, it is not unethical, but it is what we call a pre-unethical condition, a situation that lays a foundation for unethical conduct and results if care isn’t taken and one or more participants lack functioning ethics alarms. Three recent episodes demonstrate how icky can turn to unethical, especially when the wrong kind of people are involved.

I. The Unwanted Triplet, continued.

Earlier this year, Ethics Alarms hosted a spirited debate regarding Melissa Cook, a surrogate who fought against the man who owned her three unborn triplets, having rented out her womb to gestate them. He wanted to have one of them aborted, because two babies were all he felt he could support. She refused, and challenged the surrogacy contract in court. I asked… Continue reading

He Has “No Sense Of Decency,” And Neither Do They: Trump’s Threats To Heidi Cruz Settle It, As If It Wasn’t Settled Already: Anyone Who Would Be Willing To See Donald Trump Become President, No Matter How Horrible The Alternatives May Be, Is An Irresponsible Citizen And Unworthy Of Respect

Beneath contempt.

Beneath contempt.

And this applies to the Republican Party, too.

Yes, it is that simple.

(The disgusting Heidi Trump story is here.)

The Unethical Donald Trump Quote Of The Day, Unethical Tweet Of The Month, And Unethical Americans of All-Time

Trump Tweet

I must confess that I got a bit bored with my promised unethical Trump quote of the day feature, since on most days there are so many of them. After a while they are predictable and redundant. It’s best to just assume that Trump is being unethical, and wait until he crosses a new line before highlighting an example of his despicable nature. I think threatening another candidate’s wife is a new line: has any Presidential candidate ever directly and publicly threatened an adversary’s wife? Would any previous candidate survive public outrage if he did?

This attack was particularly outrageous. Trump, whose calling card is Rationalization #2 A, Sicilian Ethics or “They had it coming,” was reacting to an offensive ad by a pro-Cruz group in Utah, which released a nasty ad featuring a nude photo Trump’s  trophy wife Melania once posed for with the caption “Meet Melania Trump, Your Next First Lady. Or, You Could Support Ted Cruz on Tuesday.” It wasn’t Cruz’s ad, and he could not, under the law, have anything to do with it (not that I would put it past his campaign anyway.) Cruz responded by tweeting that Trump had shown that “you’re more of a coward than I thought.” Continue reading

Presenting Ethics Alarms’ 67th Rationalization: The Underwood Maneuver or “That’s In The Past”

HOUSE-OF-CARDS

The latest addition to the Ethics Alarms Rationalization List is #50 A, The Underwood Maneuver, or “That’s in the past.” It is a sub-rationalization of #50, The Apathy Defense, or “Nobody Cares,” and the 67th dishonest, illogical or otherwise ethics-busting excuse for wrongful conduct on the list.

This rationalization has the honor of being named for a President, though a fictional and sinister one: Frank Underwood, the devious, psychopathic, lying and murdering Chief Executive, played by Kevin Spacey, who leads the den of thieves and blackguards who populate the fictional Washington, D.C. in the Netflix drama, “House of Cards.” I owe the series my gratitude for reminding me of this classic rationalization, which is a favorite not only of  President Underwood and his Lady Macbeth-like First Lady, but also—just coincidentally—of Bill and Hillary Clinton. Indeed, Hillary’s current campaign is built on it.

The Underwood Maneuver is versatile. Frank’s favorite use of it is when he is seeking assistance from one of the gazillion elected officials, appointees and other whom he has lied to or metaphorically stabbed in the back. “Why should I trust you now, when you betrayed me?” these poor souls are always asking. “Oh, but that was in the past!” says Frank, in his gentle South Carolina accent. “This is now. We need each other now. What’s done is done. Let’s move forward.” Continue reading

John Kasich Flunks An Honesty Test…Or Is It Sanity That’s His Problem?

"I have a question for Gov. Kasich. WHAT THE HELL IS THE MATTER WITH YOU???"

“I have a question for Gov. Kasich. WHAT THE HELL IS THE MATTER WITH YOU???”

When Donald Trump again decided to boycott a Fox New debate because of his apparent terror of Megyn Kelly, it presented the remaining contenders for the Republican nomination to make their respective cases for 150 minutes without risking ad hominem attacks and having their best soundbites superseded the next day by whatever inflammatory gibberish Trump happened to launch that night for the fascination of talking heads.

What an opportunity—especially for long-time underdog John Kasich, who always seemed like he was on the margins of combat. Yet incredibly, Kasich pulled out of the debate too, forcing Fox to choose between a Ted Cruz monologue or no debate at all. The network chose the latter.

Thank you, Fox.

What sense did this make for Kasich? What politician running for office turns down free national exposure? Theories emerged, one complimentary to Kasich. Had he made a deal with Trump, a la Chris Christie? Was he afraid to go head to head with master debater Ted Cruz? Continue reading

Yes, Ethics Dunce Madonna Indeed Engaged in Sexual Assault On Stage In Australia

Why would anyone think otherwise?

From the Guardian:

It began when 17-year-old Josephine Georgiou joined the singer [above] on stage during her second evening at the Brisbane Entertainment Centre.

“She’s the kind of girl you just want to slap on the ass,” the singer said admiringly of the barista and would-be model standing next to her. “And pull,” Madonna added, yanking down the girl’s strapless top to briefly reveal one breast, to aghast cheers from the crowd.

Ethics Lessons And Ethics Dunces: The Two Young Men Who Knocked On My Door

missionaries-men-mormon2I was exhausted yesterday after five hours teaching lawyers and accountants about ethics when there was a knock at my door. I could see through the window that the visitors were two young men wearing nametags, holding clipboards, forms and brochures, and I was in no mood for a sales pitch or to being asked to help some Mormons travel to Tangiers. I opened the door prepared to give them the bum’s rush.

They were good, though. Their pitch involved a free estimate and a discount for replacing our home’s casement windows. It was a local business using recent college grads, they explained. I explained in return, curtly, that I wasn’t interested, but they persisted, being personable and low key all the while. I decided that I admired their persistence and interpersonal skills—it helped that my dog liked them–and ultimately I agreed to let them give me an estimate on roof repairs, as our roof had sprung some small leaks and we might even need a new one.

They called their office as I listened and scheduled a free assessment and estimate for today at 10 AM. I gave them my phone numbers. I took their cards. Though I was exhausted and had planned on giving them less than five minutes of my time, I ended up talking to the two for twenty minutes. I felt good about it too: they were just starting out in the workplace jungle, and had done an excellent job. They were personable, professional, and determined, spoke well and had a pleasant demeanor. One was black, the other Hispanic. I thought they had earned some positive reinforcement.

Well, it’s 11: 22 AM the next day, and they haven’t shown up, and haven’t called. When they do, I’m going to tell them that they blew it: I’m not trusting a company that can’t keep its first appointment. I don’t know why they missed their promised time, and I don’t care. The key factor is that they missed it. Continue reading

From The Res Ipsa Loquitur Files: The Kids For Sale “Joke”

taped kids

Memphis, Tennessee Facebook user Jaton Justsilly Jaibabi posted this photo of her two small children with duct tape over their mouths and cuffing their wrists, with the legend, “Kids for sale, 45% because they bad.”

Now the Memphis police are investigating. I don’t know why the investigation is necessary; this is signature significance; No responsible parent who can be trusted with the delicate job of raising children would do this to them. It is also an example of what the law calls res ipsa loquitur: “the thing speaks for itself.” This is child abuse, and the woman responsible for it is a child abuser. No other interpretation is possible.

In fact, the poster, who has ended her Facebook account, appears to be part of an entire family that should be considered a societal menace. Jaibabi’s cousin, Derion King, explained that this was just a practical joke, writing in part,

“Basically a joke at the moment that people just went overboard about. People make mistakes and that’s what this situation is, a lesson learned. They are safe, unharmed, and loved. That’s all it is to it.”

There are eight incorrect, idiotic or unethical statements in this 36 word statement: impressive! And frightening. Here they are: Continue reading

Adam LaRoche Drama Epilogue: A Reflection On Life, Kids, Baseball And Ethics

drake-adam-laroche-

Well, I don’t recall anyone leaving baseball like this before.

When last we visited Adam LaRoche a couple of days ago, he was retiring from baseball (and abandoning his 13 million dollar 2016 contract  to play for the Chicago White Sox) because team executive Kenny Williams asked that he not have his 14-year-old son Drake living and traveling with the team, as well as being being perpetually in the clubhouse, as he was all last year. Today LaRoche released a remarkable statement explaining his decision.

It is well worth reading. I’ll have some comments at the end about the bolded sections, marked by me with letters. Now, here’s Adam:
Continue reading