Above the Law has posted an e-mail sent to the NYU law school community to reprimand and shame a law student’s dorm neighbors who kept the student awake into the wee hours on a week night, singing karaoke. Most e-shaming is excessive, vindictive and unfair, but I think this is an example of the best of the breed:
Date: Fri, Aug 30, 2013 at 4:20 AM
Subject: An Open Letter to the Occupants of Mercer #[redacted]
To: Law School Exchange Continue reading
Bradley then, Chelsea now.
Responding sharply to a commenter’s expressed criticism of the argument that convicted classified data leaker Bradley, now Chelsea, Manning, sentenced to Federal prison and seeking treatment as a trans-gendered female, ought to have his treatment needs served by prison authorities at public cost, Ethics Alarms’ own expert on such matters (from Australia), provided this fascinating overview of U.S. law and medical ethics on the topic. Here is zoebrain’s Comment of the Day on the recent post flagging Fox News’ juvenile mockery of Manning’s gender issues, Ethics Dunce: Fox News:
“There are two disputes here. The first is whether prisoners have a right to medical treatment, and if so, to what degree.I’ll deal with that first.
“Brown v. Plata 131 S.Ct. 1910 (2011): “To incarcerate, society takes from prisoners the means to provide for their own needs. Prisoners are dependent on the State for food, clothing, and necessary medical care. A prison’s failure to provide sustenance for inmates “may actually produce physical ‘torture or a lingering death.’ ” ….Just as a prisoner may starve if not fed, he or she may suffer or die if not provided adequate medical care. A prison that deprives prisoners of basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized society.” Continue reading
Hang in there–the schools will be better in a few generations…
There may be some persuasive arguments to be made for sending your child to a public school system you don’t trust. The obvious one is that you have no choice, which is true for many Americans. There are also some good reasons to write a “manifesto” called “If You Send Your Kid to Private School, You Are a Bad Person,” the best of which is to cause people to focus on the problem of the failing and unacceptable public school system, and what should be done about it. However, Allison Benedikt, who actually wrote an article with this title and presumably this intent, failed so miserably at making a coherent and persuasive argument of any kind that her provocative title amounts to an unethical assertion itself: if you are going to make a blanket indictment of the character of millions of people, you had better be able to produce an ethical argument or two, or at least demonstrate that you comprehend a little bit about ethics. Allison doesn’t. Based on this piece, I not only wouldn’t trust her (oh, by the way, Allison, the core objective of ethical conduct in your profession—any profession, actually—is trust) to provide advice about how to educate my child, I wouldn’t trust her to walk my dog. Continue reading
“You’re right, Abe; they’re all rock-heads. I’d like to beat some sense into them with a big stick, but I have no arms.”
Not a single invited member of the Republican leadership accepted an invitation to attend the official March on Washington anniversary event yesterday.
This is practically all that needs to be said. That fact alone is sufficient to show an appalling lack of leadership, respect, common sense, common purpose, values and priorities within the highest reaches of the party.
Everyone had a “good reason,” of course—Boehner, Canter, McConnell, McCain, Romney, both Bushes, But the excuses don’t matter. A responsible, intelligent, public minded, fair and statesmanlike political organization would have made certain that a representative delegation attended, and prominently so. How or why no major Republican figures were present is irrelevant. If the commemoration of the March on Washington, Dr. King’s iconic and transformative speech, and the cultural transformation of America that they helped achieve are as important to the party as they must be--because of the GOP’s origins, because of what it represents, and because, dammit, Republicans are Americans, then attendance was mandatory. They manage to make it to the State of the Union and Presidential inaugurations, because they recognize it as important to do so. They should be able to recognize that showing solidarity with the Democrats, African-Americans and the public on the core principle of equal rights for all is even more important. Continue reading
Ayo Kimathi, an African-American, is an acquisitions officer for Immigration and Customs Enforcement ( a section of the Department of Homeland Security), and has been, apparently without incident, since 2009. He also operates and authors a web site, War on the Horizon, which predicts an “unavoidable, inevitable clash with the white race,” and explains how to prepare for it.
The latter fact is none of the government’s business, nor yours, nor mine, and certainly not that of Sarah Palin, who in her own inimitable style of making ignorance catchy and cute, exclaimed on her Facebook page, “His side ‘job’ running the ‘War On the Horizon’ website was reportedly approved by supervisors. Really, Fed? Really? Unflippingbelievable!”
No, it’s not. You can scour the government regulations and ethics requirements all you want—I have (Palin hasn’t.) There is nothing in them that prohibits a government employee in the Executive branch from espousing any political position he pleases, or that bans outside activities that do not interfere with the duties of the employee or constitute a conflict of interest. Nor should there be. As I read the rules, Kimathi had no obligation to ask permission to run his website, because his supervisor had no authority to stop him.
It is called freedom of speech, my friends.
Deal with it. Or rather, cherish it. Continue reading
It took a couple of months to determine whether John Dryden, would be best described as a high school social studies teacher in Batavia, Illinois, or as an ex- high school social studies teacher in Batavia, Illinois. That part had a happy ending: he was not fired, as appeared at one point to be likely, for his act of ethical heroism.
In April, he was directed by the school board to distribute a survey on so-called “emotional learning” to his students. The results of the test, created and scored by Multi-Health Systems, were to be evaluated by comparing them to statistical data obtained from a large sample of students of similar ages given the same test. The MHS test included thirty-four questions regarding the use of drugs, alcohol, and the students’ emotions. Though Dryden was supposed to assure his students that their responses would be confidential, they were not. Any student whose answers raised concerns was to be sent to the school’s counselors.
After the teacher picked up the survey forms from his mailbox shortly before his first class of the day, he noticed that each survey form had a student’s name on it and that the questions involved under-age drinking and drug use. He had just finished teaching a unit on the Bill of Rights, and recognized a looming Fifth Amendment violation while fearing that his students, who were used to following orders, would not be aware that their rights were in peril. The survey, he correctly surmised, was state-compelled self-incrimination, and a breach of his students’ right to refuse to incriminate themselves.There was no time to confer with administrators, so he told his students that they did not have to complete the forms if doing so involved admitting illegal behavior. Continue reading
[The quote that follows is from the concurring opinion in the just-decided case of Elaine Photography v. Willock, which challenged the proposition, discussed and endorsed on Ethics Alarms in several posts, that a business could not and ethically should not refuse service to same-sex couples.]
——- New Mexico Supreme Court Justice Bossun, concurring with opinion in Elaine Photography v. Willock, which rejected the claim that legally requiring a photography shop to take photographs of a same-sex marriage was a violation of the First Amendment.
You can read the Volokh Conspiracy take on the case here, and here; Ken White has his usual trenchant observations at Popehat.
From an ethics perspective, however, Justice Bossuns’s words need no enhancement. I could not agree more, nor say it better.
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Graphic: Illinois Family
When your life is at stake and you need help, don’t screw around.
The degree to which the average American, even the average educated American, even the average educated and rational American, is ignorant about the ethical mandates and structure of the legal profession and the justice system is by turns shocking, depressing, and frightening. The consequences of this ignorance, for which the legal profession itself is largely to blame, bursts forth in all their ugly splendor after the acquittal of a Casey Anthony or, even more disturbingly, a George Zimmerman. Well meaning members of the public, who are nicely represented in this Ethics Alarms thread, think they are declaring their support for justice when they advocate cutting through all the troublesome bureaucracy and making sure what “everyone knows” is the correct result happens, and process be damned. Just do the right thing! How hard can that be? This blogger, for example, has it all figured out. Leave it to him and people of a like mind, and we’ll have a police state in no time. Continue reading
For those readers who are not familiar with Popehat’s Ken White, I offer this recent example of his deft ethics analysis and his perceptive and balanced commentary. I was going to write something that would have reached similar conclusions, but there is no point now. I can’t do better than this, and when I can do as well, it’s a good day.
Here is Ken’s commentary on the rodeo clown in the Obama mask.
Donnie McClurkin: Unfit to honor MLK Jr.?
Grammy Award-winning gospel singer Donnie McClurkin, who is African-American and also a pastor, is furious that he was dumped from the roster of performers at “Reflections on Peace: From Gandhi to King,” a city-sponsored concert on August 10 at the Martin Luther King Jr. Memorial, honoring the 50th anniversary of King’s March on Washington. He should be furious; so should any authentic follower of Dr. King. By targeting McClurkin, lesser men than King shamed his legacy by showing disdain for principles the martyred civil rights leader fought for, like tolerance, courage, honesty and inclusiveness. You see, McClurkin’s politically incorrect views on homosexuality rendered him, to the arbiters of political discourse, unfit to perform.
Courage among the District’s political leaders is almost in as short supply as trustworthiness, as city Mayor Vincent Gray demonstrated by caving to complaints made by, his office explained, a dozen people, including local gay activist and longtime civil rights advocate Phil Pannell. Pannell called the gospel singer’s public statements on homosexuality “vile.” Wow, a dozen people and one prominent activist! Pretty near a whole nation was opposed to King when he started his crusade for civil rights, and his successors can’t mount the courage to tell a dozen people advocating political discrimination to pound sand. Continue reading
Ethics Alarms 
