Citizenship

Comment of the Day: “The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price”

/ Jack Marshall / 8 Comments

The motion to vacate Judge Walker’s ruling on Proposition 8 has been filed, you can read it here. Since the original post, I have detected some cracks in the formerly near-united front of legal ethicists and journalists deriding Walker’s critics. Some of them are finally, grudgingly, admitting that the Judge might not have handled his potential conflict so well after all, and that the motion is not a frivolous, anti-gay outrage as they originally labelled it.  The most rickety of the rationalizations put forth on Walker’s behalf, advanced by some his most respected defenders, is that he had no obligation to reveal his own sexual orientation by disclosing his domestic arrangement because of its intimate and private nature. Yet the judge voluntarily disclosed it after his decision was in the books, raising a rebuttable presumption that his original silence was to avoid suggestions of conflict, not out of a desire for privacy.

First time commenter Jada adds her Comment of the Day to the discussion: Continue reading →

No, It Still Doesn’t Justify Torture

/ Jack Marshall / 21 Comments

No.

The news of how Osama bin Laden was finally tracked down and killed has caused a predictable outbreak of consequentialism. It appears that Khalid Sheikh Mohammed provided some of the key intelligence that led to the successful operation in Pakistan while he was undergoing “enhanced interrogation” in CIA prisons in Rumania and Poland. “See?” Dick Cheney’s fans are saying today. “Rendition and torture work. We wouldn’t have killed Bin Laden without them. So what do you think of those tactics now?” The opponents of torture who foolishly argued against it based on pragmatic considerations—“Torture doesn’t work!”—rather than ethical ones–-“It is absolutely wrong!“—set themselves up for this.  Now what should they say? Continue reading →

Trump’s Lament

/ Jack Marshall / 8 Comments

Can't you read the sign, Donald?

Was Donald Trump treated rudely and unfairly at the White House Correspondents Dinner, where he was made the target of sharp barbs by both President Obama and MC Seth Myers?

Trump thinks so, telling Fox and Friends, “Well, I really understood what I was getting into — I didn’t know that I’d be virtually the sole focus. I had no idea it would be to that extent, where you know, it was just joke after joke after joke. It was almost like, is there anyone else they could talk about?”

Trump is a poor sport, a whiner, a humorless fool, and deluded to boot. He spent the previous month accusing the President of the United States of being a liar, a fraud, a usurper, a poor student, and an illegal alien, appealing to the worst instincts of the most extreme Obama-haters and political foes. His conduct was most charitably and frequently defined as “a joke,” though it was worse than that. He comes to the Correspondent’s Dinner where the President has his one chance to skewer others the way comedians regularly skewer him, having provided by his own boorishness and hucksterism enough material to supply ten stand-up routines, not only claims to be surprised at the extent of his roasting, but is offended that he has to take his medicine. Continue reading →

“Give Back” Ethics

/ Jack Marshall / 6 Comments

Excellent! But is he giving, or "giving back"?

John Stossel, the ABC house conservative who yielded to the inevitable and finally migrated to Fox News, takes issue with what he sees as corporate America’s capitulating to the distorting rhetoric of capitalism-bashing. On his website, Stossel cites with approval this letter, sent by George Mason University  Economics Professor Don Boudreaux to the Ritz-Carlton hotel chain:

“Dear Ritz-Carlton:

“Thanks for your e-mail celebrating your and your employees’ participation in “Give Back Getaways” – activities in which you and your employees (along with some of your customers) “give back to the community.”

“Have you taken something that doesn’t belong to you?  If so, by all means give it back!…If, though, you’ve not taken anything that doesn’t belong to you, you possess nothing that you can give BACK. Continue reading →

Colorado’s Adultery Dilemma

/ Jack Marshall / 66 Comments

Relax! It's OK...you're in Colorado!

In most states, adultery is one of the great examples of how something can be wrong and destructive without being illegal, a useful concept to have in mind when a corrupt politician or a crooked corporate executive  says “I didn’t break any laws!” It is also a good example of unethical conduct that is better controlled by ethics than law. A law against adultery is theoretically defensible as a deterrent of harmful social conduct, and the state definitely has an interest in preserving family stability. The problem is that regulating offenses triggered by love, lust and romance feels excessively intrusive to most of us. It has overtones of the Plymouth colony. For better of worse, minimizing adultery belongs in the realm of ethics, not the criminal law. Continue reading →

Calm Down, Hannity! Superman’s Decision is Super-Ethical.

/ Jack Marshall / 8 Comments

It's all for the best.

Sean Hannity is outraged at Superman for renouncing his U.S. citizenship in the upcoming issue of Action Comics. Sean, as is often the case, just doesn’t understand.

Superman’s wrenching decision, far from being a rejection of the values of his adopted homeland, is a true sacrifice, and undeniably in the best interests of the United States. His renunciation arises from the diplomatic problems that will inevitably result when a superhero attempts to fight injustices in other nations. How can Superman continue to do what he believes is right on a world stage, when his American citizenship makes his actions appear to be official U.S. policy? Obviously, becoming a superman without a country is the remedy. Continue reading →

Don’t Cheer Mississippi’s Westboro Baptist Tactics Too Loudly: You Never Know Who Might Hear You

/ Jack Marshall / 26 Comments

"Demonstrators? Just leave them to us."

Sgt. Jason Rogers, who was killed in action in Afghanistan, was buried two weeks ago in Brandon, Mississippi. As is its custom, the Westboro Baptist Church, fresh from U.S. Supreme Court-confirmed constitutional protection, was prepared to sully Sgt. Rogers’ funeral with its usual hateful chants about how God kills our soldiers to punish our sinful, homosexual-loving ways. Its plans were foiled, however, by a little bit of traditional Mississippi social control ingenuity.

A couple of days before the funeral, one of Fred Phelps’ vile cultists boasted about the upcoming protest while visiting a Brandon gas station, and the good citizenry on the scene gave him the sound beating they felt his sentiments warranted. Continue reading →

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

/ Jack Marshall / 38 Comments

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading →

Ten Lessons from the “Dog Wars” Debate

/ Jack Marshall / 8 Comments

Wait! Calm down! This is a CARTOON dog.

The “Dog Wars” Android phone app is apparently down for the count, the victim of too many complaints, threats and accusations that it was evil and irresponsible and promotes real, live dog-fighting, even though almost nobody sane makes similar claims about other video games. As with the subject of most posts on Ethics Alarms, however, the ethics issue lingers on, whether or not the specific incident that sparked the commentary has been resolved.

The comments, often passionate, that this post elicited have been fascinating, and had much to teach, even when the comments themselves were dubious. Here are ten lessons from the debate over the game and the Ethics Alarms commentary about it.

1. Ethics alarms aren’t always right. So many comments about “Dog Wars”, here and around the web, consist of various versions of, “That’s just wrong!” Well, why is it “just wrong”? Continue reading →

Ethics Hero: Attorney Paul Clement

/ Jack Marshall / 23 Comments

John Adams defended the guys in red, and Paul Clement understands why.

Law firm King & Spalding announced Monday that it would no longer represent congressional Republicans regarding the constitutionality of the Defense of Marriage Act (DOMA), the controversial 1996 legislation that defines marriage as being only between a man and a woman.. In response, the firm’s chief appellate lawyer, Paul Clement, who was handling the case, resigned from the firm.

In February, the Obama administration announced that its Justice Department would refuse to defend DOMA in a number of lawsuits, an unusual, controversial and troubling decision. It doesn’t take a lot of imagination to conceive of other federal laws another administration might decide to render dead letters by non-defense despite being duly passed by the people’s representatives. A government has an obligation to duly execute its laws or repeal them. The policy of the Administration regarding DOMA raised issues of governmental integrity quite separate from the provisions of the law itself. Continue reading →