Ethics Alarms Award Nominee

The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

/ Jack Marshall / 49 Comments

Oxford University student Lavinia Woodward, 24,  punched and stabbed her boyfriend in a drunken rage, then hurled a jam jar, a glass and a laptop at him. This, in the U.S., would be called a criminal assault, and maybe even attempted murder.  Ah, but British Judge Ian Pringle knows better. He agrees these acts would normally mean a prison term, but Lavinia is a star student, and wants to be a surgeon. He hinted that he would spare her prison time so that her “extraordinary” talent would not be wasted. As poor Lavinia’s barrister, James Sturman, argued, his client’s dreams of becoming a surgeon would be “almost impossible” if she had to serve time.

Well, we certainly mustn’t jeopardize a violent felon’s dreams.

This kind of reasoning is infused with The King’s Pass, also known as The Star Syndrome, the rationalization making the perverse unethical argument that the more talented, prominent, useful and important to society a miscreant is, the less he or she should be accountable for misconduct that nets lesser lights serious and devastating consequences:

11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?”

One will often hear unethical behavior excused because the person involved is so important, so accomplished, and has done such great things for so many people that we should look the other way, just this once. This is a terribly dangerous mindset, because celebrities and powerful public figures come to depend on it. Their achievements, in their own minds and those of their supporters and fans, have earned them a more lenient ethical standard. This pass for bad behavior is as insidious as it is pervasive, and should be recognized and rejected whenever it raises its slimy head.  In fact, the more respectable and accomplished an individual is, the more damage he or she can do through unethical conduct, because such individuals engender great trust. Thus the corrupting influence on the individual of The King’s Pass leads to the corruption of others.

Judge Pringle is taking the King’s Pass/Star Syndrome to a new low: he’s arguing that Lavinia should receive special treatment based on how valuable to society she might be, given enough immunity from the consequences of her own conduct.  Continue reading →

Ethics Hero: Lindsey Bittorf

/ Jack Marshall / 7 Comments

I regard people who contribute kidneys to near strangers as residing in a special category of Ethics Hero, in the exemplary ethics category….maybe the exemplary exemplary ethics category.  Considering Don Bedwell, the first individual I learned about who  engaged in this extraordinary act of sacrifice, kindness, and compassion,  I began my 2005 post, “There are special and rare people whose ethical instincts are so pure and keen that they can make the rest of us feel inadequate.”  Bedwell, a traveling businessman, donated his kidney to a waitress who often served him at his favorite Cleveland restaurant when he was passing through the city on business. The second altruistic organ donor was East Haven, Connecticut  Mayor April Capone Almon, who gifted one of her kidneys  to a desperate constituent she barely knew.

Wisconsin police officer Lindsey Bittorf is the most recent example of this special breed of ethics hero.  She saw a Facebook post from a local mother pleading for someone to rescue might  her  8-year-old son, Jackson Arneson, who needed a kidney. The boy’s family and friends had been tested and none were a match. Bittorf didn’t know the child or the family, but got herself tested on a whim. Doctors told her she was an unusually good match,considering that she was not related to the boy.

Last week, Bittorf  rang the doorbell at Jackson’s home to surprise his family with the good news,  ABC News reported. Jackson could have one of her healthy kidneys.The police officer told Jackson’s mom, Kristi Goll, that it was an “early Mother’s Day gift.”  That’s a bit better than flowers, you’ll have to admit. Continue reading →

Comment Of The Day: “New Orleans’ Historical Air-Brushing Orgy”

/ Jack Marshall / 22 Comments

I confess: I’m behind in posting Comments of the Day. There are at least two that are on the runway. This one, Steve-O-in-NJ’s discussion of statue-toppling and historical airbrushing in other nations, is the most recent. It also doesn’t involve virulent anti-Trump hysteria, which I am becoming extremely weary of even as I have to chronicle it, since it, and not its target, is one of the major ethical crises of our time. (It also is really, really interesting.)

Here is Steve-O-in-NJ’s Comment of the Day on the post, “New Orleans’ Historical Air-Brushing Orgy”:

There IS some historical precedent for something like this. I don’t know how well-traveled you are, but if you visit Ireland and India you will still see plinths that once held statues of individuals associated with the British Empire that were removed in the aftermath of independence. You will also see relatively new statues of folks associated with the new regime, some of whom, in life, might have been considered criminals or terrorists. Two obvious examples are:

Michael Collins, national hero to the Irish, magnificent bastard to the Brits, and, any way you slice it, terrorist, who achieved his goals by shooting police and soldiers in the back, sniping, and bombing. His bust stands in Dublin and his statue marks the place where he was assassinated after mistakenly thinking he could just turn off the tap of the passions he had stirred up

Tatya Topi, Indian rebel ruler who it is believed gave the order for the massacre of women and children at Cawnpore, later captured and executed by the British. At least three statues in India now honor him as a freedom fighter, and one of them was in fact placed where a memorial to the victims of the massacre once stood.

Some of the monuments that represented the old ways were treated like scrap metal, like a statue of Queen Victoria that once stood in Dublin, dumped in a grass field until a deal was struck to ship it to Sydney, Australia, where it stands now. Five other statues of kings of kings and viceroys were moved to an abandoned area of Coronation Park in New Delhi following independence, where they stand forlorn and poorly maintained, partially because no one wants to pay to have them destroyed or shipped somewhere else in the world that might want them. Ironically, the one of George V, which came from India Gate, was to have been replaced by one of Gandhi, but to this day the canopy is vacant, because the Indian Parliament could not agree on details.

Continue reading →

The Legal Profession Appears To Have A Serious Character Standards Problem…

/ Jack Marshall / 15 Comments

I refer you, for context, to the recent post about Shon Hopwood, Georgetown Law Center’s former bank-robber, former federal prisoner professor, who was welcomed into membership in the D.C. bar…like me.

Now comes word that Tarra Simmons, a third-year law student, convicted felon and former drug addict, who in December won a Skadden Fellowship to help people recently released from prison, was told by the Washington State Bar Association that she did not possess the character to make her a trustworthy lawyer.

Tarra was a magna cum laude law school graduate, and co-chairs Washington’s Statewide Re-Entry Council.  She recently received a gubernatorial appointment to the state’s Public Defense Advisory Committee, and was selected by the dean of Seattle University School of Law to receive the school’s dean’s medal this year.

Nevertheless, the character and fitness board’s vote against Simmons was not even close, at 6-3.

A registered nurse for 11 years, Simmons became addicted to prescription drugs and methamphetamine after her father died, as she self-medicated for depression. In 2011, she was charged with felony theft, drug possession and gun possession, pleaded guilty, served 20 months in state prison. She says she  wants to assist former justice-involved individuals, as  a lawyer who has lived their experience, so they “can overcome barriers and rejoin society.”

But Tarra cannot cannot take the Washington Bar examination without getting a positive  character and fitness recommendation, and that looks unlikely. She’s appealing to the Washington Supreme Court, but traditionally that forum is tougher in assessing the  character and fitness of  potential admittees.

I think her course now is obvious: move to the District of Columbia. The bar there will surely see no reason to doubt her character.

After all, it’s not like she robbed a bank.

__________________________

Pointer: ABA Journal

New Orleans’ Historical Air-Brushing Orgy

/ Jack Marshall / 78 Comments

New Orleans is in the midst of completing a plan to remove four Confederate monuments from public spaces in the city. In April, city workers removed a monument to a Reconstruction-era insurrection, and last week, they dismantled a statue of Jefferson Davis. Statues of the Confederate generals Robert E. Lee and P. G. T. Beauregard will be coming down soon.

New Orleans Mayor Mitch Landrieu exploited the murder of nine black churchgoers  in Charleston, South Carolina to push for historical censoring, a long-time goal of civil rights groups and progressives.  Now the city says it is weighing a new location for  the monuments so they could be “placed in their proper historical context from a dark period of American history.” The favored new location is rumored to be Hell.

There are protests, of course, and most objections are coming from the perfect advocates from perspective of the historical amnesia fans: Confederacy fans, “Lost Cause” adherents, white supremacists, and other deplorables.  Seldom has George Orwell’s quote been more relevant:

“He who controls the past controls the future. He who controls the present controls the past.”

I’ve written so much about the efforts from the left to purge America of any memory of or honor to historical figures who do not meet its 2o17 lock-step mandate for politically correct views and statements that I hesitate to repeat myself. You can review the record here.

Still, some things bear repeating. The last time I wrote about this issue was in February, when Yale capitulated to student thought-control advocates and eliminated the name of John C. Calhoun from a residential hall.  For it isn’t just leaders of the Confederacy who are targets of this cultural self-cannibalism: it is all past leaders who were proven wrong in some respects by subsequent wisdom, experience and events, including American icons like Jefferson and Jackson.  That last post listed the rationalizations  employed by the statue-topplers and the spineless officials who capitulate to their purges , including

 The Revolutionary’s Excuse: “These are not ordinary times” 

The Troublesome Luxury: “Ethics is a luxury we can’t afford right now.” 

The Ironic Rationalization, or “It’s The Right Thing To Do.”

Ethics Surrender, or “We can’t stop it.”

The Saint’s Excuse: “It’s for a good cause”

The Futility Illusion:  “If we don’t do it, somebody else will.”

The Comparative Virtue Excuse: “There are worse things.”

The Coercion Myth: “We have no choice!”

The Desperation Dodge or “I’ll do anything!”

The Unethical Precedent, or “It’s not the first time”

The Abuser’s License:  “It’s Complicated”

 The Apathy Defense, or “Nobody Cares.”

When you can throw up twelve rationalizations, that’s more than enough to convince the average, ethically-deficient citizen, not to mention social justice warriors.

That  post concluded,

A friend, lawyer, and Democrat had chided me on Facebook for suggesting that the frenzy to make America a safe place for anyone troubled by the opinions and actions of American patriots of the past could reach as far as Thomas Jefferson and George Washington, and accused me of engaging in wild hyperbole. Soon thereafter, the Connecticut Democratic Party purged the names and images of Presidents Jackson and Jefferson from its annual dinner, in order to kowtow to progressive activists. In November of last year, hundreds of University of Virginia students and faculty members demanded that President Teresa Sullivan stop quoting Thomas Jefferson, because doing so “undermines the message of unity, equality and civility that you are attempting to convey.”…I believe it is fair to say that I was right to be alarmed, and my friend was wrong. (I’m still going to let the statue of him in my backyard stay there, though.)

The cultural ethics alarms are sounding, as the toxic combination of the ignorant, the cultural bullies and the cowardly brings the United States closer to an Orwellian society where the past is remade to suit the perceived needs of the present.  Yale’s treatment of Calhoun redoubles my conviction that I expressed last year more than once. We have to honor what deserved and deserves to be honored. If we do not, history becomes political propaganda, useful only to support current political agendas. A nation that does not  honor and respect its history has no history.

And a nation that has no history is lost.

The New York Times published separate interviews with a leading critic and a prominent supporter of the historical airbrushing in New Orleans. Continue reading →

Lawyer Snaps, Criticizes Own Client On Twitter, Daily Kos

/ Jack Marshall / 7 Comments

Mark S. Zaid is a distinguished lawyer currently active in bolstering anti-President Trump efforts. He actively trolls on Twitter for clients looking to bring laws suits against the administration, and his clients include prominent “resistance” conspiracy theorist and blogger Louise Mensch, whose name I was blissfully unaware of until last week, and now she is turning up in my e-mail, in my story feeds, everywhere.

A couple of days ago, Mensch launched a new Trump rumor, using “anonymous sources” (which makes her just like the New York Times and Washington Post!) that the Daily Kos picked up. You can read it here: good luck. It is so muddled in its “facts” and suppositions that it makes other fake news look good. Naturally, the Daily Kos took the “breaking” scoop at face value, although it was so legally absurd it made my teeth hurt. The Palmer Report, the same wacko site that drove Larry Tribe around the bend, also was in the mix.

My favorite item in the “story” was that a court had handed down an indictment against President Trump, not for criminal purposes but to support his impeachment. When I read stuff like this, I stop reading further. Grand juries don’t work like that. Courts don’t work like that. Indictments don’t work like that. Impeachment doesn’t work  like that. Nothing works like that, except to a mind where complete hatred and fear of Donald Trump and the joy of having so many mutually infected embarrassing themselves in high places has caused the brain to morph, hopefully only temporarily, into a gerbil wheel.

Zaid, who obviously has a high tolerance for this blather being a 24-7 Trump basher himself, apparently couldn’t take it any more, and wrote to his client Louise on Twitter and in the comments to The Daily Kos story,

Respectfully to my client, there is no info available to support this. We need more than just these anonymous source(s).

This is like putting client advice on a billboard. This is like leaving client advice on an answering machine (yes, I’ve encountered that!). This is like putting client advice on your Facebook wall, and it is exactly like posting  client advice on a public website, because that’s essentially what Zaid did. Continue reading →

This Is The Heartbreak Of Anti-Trump Brain Loss…

/ Jack Marshall / 158 Comments

We already beheld the sad spectacle of one of the nation’s most distinguished and respected legal minds beginning to crumble under the dual attacks of anti-Trump hysteria from his peer group, and the inexplicable power of social media to make wise men and women behave like idiots..here (my linking function isn’t working this morning: http://lawnewz.com/high-profile/in-dumbest-move-famous-law-prof-broke-ethics-rules-in-apparent-shot-at-trump/), when famed Harvard Law scholarLawrence Tribe breached a basic and legal ethics principle by issuing a tweet implying that Donald Trump had once asked him about a legal matter, and wouldn’t you all love to know what it was?  When I mention this to lawyers in my legal ethics seminars, they literally laugh and roll their eyes. They know lawyers can’t do this: why didn’t the famous Constitutional Law prof from Harvard Law School have his well-oiled  ethics alarms go off? It was because, I explain, Twitter often turns lawyers and other professionals into fools, and what brains social media hasn’t chewed up can be swallowed by anti-Trump madness.

That was before the election, and poor Tribe’s deterioration has  continued. Three days after the President was sworn in, Tribe joined a group of deranged lawyers and the early stirrings of the “resistance” to sue Trump for violating the obscure Emoluments Clause, which, sane and objective authorities agree, was not intended to apply to a President who has his name on hotels, making the claim that this unprecedented situation constitutes a government official receiving prohibited payments from foreign governments. The theory is not just a stretch, but an embarrassingly  partisan one that a respected Constitutional law scholar should have been mocking, not joining.

Now Tribe has really gone around the bend, and may soon be seen wandering aimlessly through Harvard Square, wearing a Red Sox cap, muttering to himself and carrying a crudely lettered sign. Continue reading →

Unethical Conduct Anti-Matter: Here Is The Perfect Way To Get The Guy Who Was Thrilled By Helping A Girl Kill Herself Out Of Your Mind…

/ Jack Marshall / 12 Comments

That’s Neil on the left, Jonny on the right.

Read this.

There is hope.

The post about the opposite response to a potential suicide is here,

Ethics Quote Of The Week: The New York Times

/ Jack Marshall / 25 Comments

“In passionate testimony before county legislators, and in tense debates with liberal neighbors born in the United States, legal immigrants argued that offering sanctuary to people who came to the country illegally devalued their own past struggles to gain citizenship. Some even felt it threatened their hard-won hold on the American dream.Their objections stunned Democratic supporters of sanctuary here and helped bring about the bill’s demise in March. A similar proposal for the state collapsed this month in the Maryland Senate, where Democrats also hold a two-to-one advantage. Some of the same immigrants spoke out against it.”

— New York Times reporter Sabrina Tavernise,in a story headlined, “Sanctuary Bills in Maryland Faced a Surprise Foe: Legal Immigrants”

Boy, that’s amazing! Who would have guessed that legal immigrants to the United States support the rule of law?

To the utter surprise of Democrats, some people are citizens and Americans first, and don’t believe that their color, ethnicity, religion or gender should get in the way of the core principles at the heart of our culture and history.

__________________

Pointer: Amy Alkon

Indoctrination And Intimidation At The University Of Arizona: Who Will Say, “So What’s The Matter With That?”

/ Jack Marshall / 23 Comments

I feel the same way, Lucy…

There is a dumb joke in an old “I Love Lucy” episode that this story brings to mind.

Lucy is outraged when she reads that there is am all- filly race at the local race track and misunderstands. Horrified, she erupts, “How long  has this been going on? They’re racing little girls at Churchill Downs!” Ricky promptly explains why she was being an alarmist.

I hope that somehow the news item’s reporter got the facts wrong or I am missing something, because this story is far worse than racing little girls, and nowhere near as funny.

The University of Arizona is accepting student applications for what administrators call “social justice advocates.” The job requires the students to “report any bias incidents or claims to appropriate Residence Life staff,” and pays the student workers $10 an hour. They’re expected to work 15 hours a week, earning $600 a month in taxpayer funds—this is a public university—to police their fellow students speech and conduct.

Part of the job description reads:

“The position also aims to increase understanding of one’s own self through critical reflection of power and privilege, identity and intersectionality, systems of socialization, cultural competency and allyship as they pertain to the acknowledgement, understanding and acceptance of differences. Finally, this position intends to increase a student staff member’s ability to openly lead conversations, discuss differences and confront diversely insensitive behavior.”

Their #1 job, however, is to report “bias claims” so the student miscreant involved can face a Star Chamber, or the university equivalent. Such a claim can be what someone regards as  an outright act of “racism,’ which presumably could include anything from using a racial epithet to saying Maxine Waters is an idiot,  to  “microaggressions” like “cultural misappropriation,” or calling a transgender student by the wrong pronoun. The social justice advocate’s job will also include “fostering dialogue” related to “diversity, multiculturalism and social justice”—in other words, to be a full time left-wing scold— and  to “increase  awareness of diverse identities” while “promoting inclusive communities.”

I wonder if being stuffed in a closet or hung on a hook will be considered a “biased incident” by these paid political correctness snitches? That is, after all, what would happen to them on a healthy campus. Will they have little badges and whistles? I think they should get badges and whistles. Or get a uniform like Rolf at the climax of “The Sound of Music.”

They’re racing little girls at Churchill Downs! Continue reading →