Unethical Judge Of The Month, But Not For What You May Think

ShatteredGavelShortly after the the Supreme Court’s same-sex marriage decision, Obergefell v. Hodges, Utah began placing foster children with same-sex couples. An 8-month-old girl was placed in August with Rebecca A. Peirce, 34, and April M. Hoagland, 38, who are married and live near  Salt Lake City with Peirce’s two biological children.

The couple hoped to eventually adopt the child, but during what was supposed to be a routine hearing on the foster parent arrangement the juvenile court judge, Scott Johansen, issued an order that the baby be taken from them and given to a heterosexual couple so that she could be raised in a home with heterosexual parents. As his justification, Judge Johansen said that research he had seen indicated that children  do better in heterosexual homes. The order cited the court’s “belief that research has shown that children are more emotionally and mentally stable when raised by a mother and father in the same home.” There have indeed been studies that support that position, but they have been sharply criticized by social scientists. Continue reading →

Comment of the Day: “World Series Ethics: Another Pine Tar Sighting, As Baseball Ethics Rot Gets A Thumbs Up From Legal Ethics Rot”

Volquez, unaware...

Volquez, unaware…

I think I made a poor call deciding not to write about the interesting ethics question that arose during Game #1 of the just completed World Series.

We learned during the broadcast of Game 2 on Fox that Daniel Volquez, the father of Kansas city Royals Game #1 starting pitcher Edinson Volquez, had died of heart trouble during the day in the Dominican Republic. But Volquez’s family had asked the team not to inform Volquez until after the game, and the team, on behalf of the family, asked the same of the broadcasters, directing them to withhold the news from the TV audience. I decided to pass on the story because I couldn’t confirm that Volquez didn’t know about his father’s passing, though it now appears he did not. That was foolish: the ethics issues are the same regardless of whether he knew.

Fortunately Ethics Alarms reader Noah D. insisted that the issue was attention worthy, and wrote his own commentary. I’ll have some comment at the end. Here is his Comment of the Day on the post, World Series Ethics: Another Pine Tar Sighting, As Baseball Ethics Rot Gets A Thumbs Up From Legal Ethics Rot: Continue reading →

Ethics Quiz: “Fixing” “Elf Ears”

ears

6-year-old Gage Berger was being bullied by his first grade classmates because he had protruding ears, and was often derided as “Elf  Ears.” His Salt Lake City parents decided to address the problem here and now, before, they say, his self-esteem (I almost wrote elf-esteem…) was  permanently damaged, so they had his ears de-elfed to look like everyone else’s.

Now he’s bullying other funny-looking kids.

Kidding.

I hope.

But seriously, folks, the story has aroused a controversy over societal and medical ethics. Did the parents choose plastic surgery too early and for the wrong reasons? Is that how we want society to be, where bullies and critics can pressure individuals to conform to a narrow standard of acceptible appearance? Doesn’t this give them power? Does it not encourage bullying? Is a first-grader old enough to meaningfully weigh these issues? Isn’t this a choice he should make, when he’s old enough to make it?

Your Ethics Alarms Ethics Quiz for today is…

Was it ethical to clip Gary’s ears?

Continue reading →

“Why Does Hillary Think Her E-mail Scandal Is So Funny?” And Other Brief Ethics Notes To Get The Week Off To A Depressing Start…

W dead guns

Most Unethical Grieving Mother Of The Year

A caring  friend of Chanelle Chavis created a GoFundMe account asking for donations to Chavis’ 3-year-old daughter’s Camber’s funeral after the grieving mom told the friend that her daughter had died in an accident.  Later, moved by the plea, a woman gave  Chavis a $5,000 personal check to pay for Camber’s funeral expenses after Channelle exchanged text messages with her.

Nearly a month later, investigators found that the body of Camber Chavis was still in deep freeze at the funeral home, and no arrangements for burial had been made. Oh—this was no boating accident. The little girl had been murdered by her father.

On October 16, Chanelle Chavis pleaded guilty to obtaining money by false pretenses, a misdemeanor, and received a six month suspended sentence.

These cases of conning people into donating money are basically  all the same, but bit by bit, they make our society less kind, less generous, and less trusting. The law may see this is a minor crime, but there is nothing minor about the damage it does to our society.

Sure, We Don’t Need Guns… Continue reading →

My Reply To Eric Turkewitz’s Criticism Regarding “The Worst Aunt Ever”

This guy would have given The Bad Aunt the right advice...

This guy would have given The Bad Aunt the right advice…

Eric Turkewitz is a New York trial attorney, by all accounts a terrific lawyer, by the evidence of his writing an ethical and astute one, in our brief encounters a very nice guy, and the proprietor of “The New York Personal Injury Law Blog.” In a recent post, he defends the decision of Jennifer Connell to sue her young nephew for a four-year old injury she received when he hugged her too enthusiastically at her birthday party. He notes, correctly, that the decision to sue was based on the client accepting a “bad call” by her lawyer. He also includes a lot of information not mentioned in the early posts on the matter, including mine. Still, he defends Connell. He also specifically criticizes my post. Eric writes,

And this is from Jack Marshall, who says he actually teaches ethics and has a blog called Ethics Alarms (coded “no follow“):

“What’s going on is that Aunt Jennifer is pure hellspawn, a mysteriously animated pile of human excrement that embodies the worst of humanity.”

This is what happens when people elect to post stuff on the web based on an initial news report that was, shall we say, very selective on what it chose to report. This site is getting quite a bit of traffic, most likely from many who never knew it existed. So let me answer a question some of you may have: Yes, I know what it’s like to be on the receiving end of lawsuits, and they weren’t nearly as benign as this run-of-the-mill kind: On Suing and Being Sued.

Yes, I “actually teach ethics,” and I could, in fact, teach Eric some things that he would find useful and enlightening. I’m not going to get in a pissing match with him, in part because, as I learned from another tiff four years ago (in which I was wrong, and duly apologized), he has some very, very nasty pals, and I don’t want to throw blood in the water. This is, however, an excellent example of how lawyers often end up seeing the world, and in fact I may use his post, unattributed, in seminars to show where legal ethics and ethics diverge. It is wise for lawyers to be atuned to both.

Here was the response I made to Eric on his blog: Continue reading →

The Worst Aunt Ever

(L) Auntie Jenn in her "Loving Aunt" disguise, and (R), my best guess at what she looks like without it...

(L) Auntie Jenn in her “Loving Aunt” disguise, and (R), my best guess at what she looks like without it…

[ WARNING: This story may make your head explode. I’m not sure why mine didn’t; it may because there’s nothing left to blow.]

Jennifer Connell, a 54-year-old human resources manager in Manhattan, is suing her 12-year old nephew, Sean Tarala, in Connecticut for $127,000 in damages for an accident that occurred at his 8th birthday party.

On March 18, 2011, Connell arrived at the Tarala home  to attend Sean’s birthday party. She was greeted with the sight of the excited kid riding his major gift, a red bicycle, around the the yard.  When he spotted Aunt Jennifer, he jumped off his new bike and ran toward her, shouting, “Auntie Jen! Auntie Jen!”

Connell testified that “all of a sudden he was there in the air, I had to catch him and we tumbled onto the ground. I remember him shouting, ‘Auntie Jen I love you,’ and there he was flying at me.” Connell said she her wrist was hurt, but she didn’t mention it because “It was his birthday party and I didn’t want to upset him.” Now, however, though he has always been “very loving, sensitive,” toward her, Connell believes he should be held accountable for her injury. Continue reading →

Why Don’t People Understand What’s Unethical About Nepotism?

Bing and family

I suppose it is part of the larger problem that people don’t understand what’s wrong with conflicts of interest, and thus fall into them too easily. At its core, nepotism always, always, creates a conflict of interest for the supervisor, boss or manager, or leaves a strong suspicion of one, which is just as bad, the epitome of “the appearance of impropriety.” Nepotism simultaneously destroys the organization’s members’ trust in leadership—Was he or she objective? Was love and loyalty to a child rather than merit and the best interests of the organization behind the decision? Were there objectively better candidates? Will this bias harm me? —and the hired, no matter how good or qualified the son or daughter may be. If the organization declines and heads have to roll, the suspicion will always be that favoritism protects the offspring. If the organization is successful, there will still be a widespread belief that Sonny Boy or Darling Daughter is whispering in the parents’ ear, a mole, on the side of the parent rather than subordinates. Nepotism almost always destroys any organization’s morale, trust, and cohesion.

Why is this so difficult? It is spectacularly obvious, and the only defenses that are ever offered are… Continue reading →

A Bobby Jindal Critic Asks, “Would I Be Uncivil If I Were To Suggest That Somebody Punch This Man Right In His Dick?” Why Yes, I Believe You Would…

By all means, this should be our model for political discourse...

By all means, this should be our model for political discourse…

Gov. Bobby Jindal, desperately trying to stay relevant in the Republican race to be the party nominee in 2016, weighed in on the Oregon community college shooting with an extensive blog post that shows, if nothing else, that the Fifties live. It’s pretty awful, designating as “root causes” of the violence such Oldies but Stupidees as “glorifying violence” in popular culture (Actually, this one is closer  to 1650), movies, TV shows, music (Run, Tipper! This is your chance!) the decline of religion ( “…we flaunt the laws of God and common decency”—I think you mean “flout” there, Bobby), the decline of the family…you know the list. The problem with Jindal’s rant—other than its exaggerations, poor writing and hysterical tone— is that taking any single event and attributing it to generic causes is demagoguery, and as intellectually dishonest as  blaming the NRA every time someone is murdered with a gun.

The Huffington Post, mocking Jindal’s eminently mockable screed, asked “What about gun violence?” as if Jindal left out the one obvious “root cause.” Is it really necessary to point out that gun violence is responsible for gun violence? But that’s anti-gun code for guns, you see. Guns are responsible for the shootings. Take the evil guns away, and nobody dies! That this facile and deceitful dead end reasoning is so accepted among progressives and liberals that it is considered an obvious truth is depressing, but I digress.

Jindal is also depressing, since the only remedy for violent movies, TV shows and video games is censorship of one kind or another, and you know what the Right will do if it gets that started: TV couples will again be sleeping in twin beds like Rob and Laura Petrie by edict. His lack of logic is depressing too—how does someone like this get elected a governor?—when he attributes alleged conditions like “the family is a mess” to a rampage by someone who might have been raised like Opie Taylor but whose mind just snapped, as they have a tendency to do. Again, a single incident has specific causes. Jindal’s main argument is exactly as exploitative and dishonest as using the Oregon shooting to lobby for gun regulations that wouldn’t have stopped the shooting. Continue reading →

1. The NY Times Has A New Author Of “The Ethicist” And 2., Boy, Did He Ever Botch The Dilemma Of The Closeted College Student

"NEXT!!!"

“NEXT!!!”

The New York Times Magazine column “The Ethicist,” long authored competently by non-ethicist Randy Cohen, had lost me due to the biased and often unethical answers to his reader’s queries by his most recent successor, Chuck Klosterman. So repellent was Klosterman’s version of the column that I didn’t even notice when the Times sacked Klosterman late last year after one bizarre response too many.

[The final straw:  An inquirer  went to a Starbuck’s  wanting to buy a regular over-priced cup of coffee, but when the woman in front of the customer  ordered a pumpkin-spice latte  and received a coupon for a free drink because the shop was out of it, “NAME WITHHELD” ordered a pumpkin- spice latte to get the free coupon. Was this ethical, he/she/it asked?” Klosterman’s answer: “No. You’re a liar and a low-rent con artist. And you live in a community where pumpkin-flavored beverages are way too popular.”  Now, “No” is correct, but it’s a great question, and deserving of a serious analysis rather than whatever that was from the ex-Ethicist. The coupon was a nice gesture to someone who had come to the Starbuck’s wanting a specific beverage and was disappointed—a store should not be tantalizing customers with products they don’t have to sell, essentially setting up a bait and switch. The coupon was an ethical “We’re sorry,” but also made the employee vulnerable to anyone who decided to misrepresent his real intent in order to get a free drink later. Yes, taking advantage of this opportunity to the detriment of the store is unethical, because the inquirer took an appropriate gesture clearly intended for a specific situation and exploited it. It was not illegal, however, and was  not a con. I would compare it to the scenario where a computer glitch has resulted in an airline selling tickets online for absurdly small amounts, and travelers rush to take advantage, rationalizing that mistake or not, the opportunity is there and they can legally grab it.]

Now the Times has a new author of “The Ethicist,” after experimenting with a new format in which a podcast including him and some other commentators hashed over ethics hypotheticals and then the podcast was transcribed and published in the Sunday Times magazine. He is Kwame Anthony Appiah, who teaches philosophy at N.Y.U.  This week Appiah’s  first solo, so I would normally say that it’s too early for any fair assessment, but boy, did he ever botch the September 2 podcast. He botched it so badly that I can’t see myself paying much attention to anything else he writes. It was an ethics disaster.

A college student asked if he could ethically lie to his anti-gay father about his sexual orientation so Dad would keep paying the student’s tuition. The father is suspicious based on some clues during his son’s high school days, and has made it very clear to his son that if he is gay, he would not only withdraw all financial support but also reject him entirely. “Questions about my sexuality are inevitable whenever I come home,” the inquirer wrote. “My father has demanded I produce archives of all emails and text messages for him to review, although I have successfully refused these requests on the grounds that he has no claim to my adult communications.”

He asks, “Is it ethical for me to continue accepting financial support for my education and my career that will come from it? Could I continue to lie to accept the support and one day disclose my sexuality and pay him back to absolve myself of any ethical wrongdoing?”

The correct answer is “Of course not,” and it amazes me that anyone would think otherwise. The second part of the question is an especially easy ethics lay-up: the steal now, pay back later scheme, also known as “the involuntary loan,” or “I meant to pay it back!”, is pure rationalization, and its existence proves that the writer knows damn well that what he’s doing is wrong, and just wants someone to tell him that it’s OK.

Astoundingly, Appiah and his podcast buddies (Amy Bloom, a novelist and psychotherapist, and  Kenji Yoshino, an  N.Y.U. law professor) tell the inquirer that it is OK, because, it is clear, they are advocates for gay rights and don’t appreciate anti-gay bigots. Thus they amass nothing but rationalizations  and outright unethical arguments to justify the student’s ongoing deception. As a philosopher who knows better, Appiah should have been correcting his colleagues. Instead, he enables them, because gay advocacy trumps honesty and ethics. Continue reading →

Audience Ethics And Ethics Dunce Kelvin Moon Loh

"I hear child screaming in audience, so audience cannot hear King. Is a puzzlement! But brave..."

“I hear child screaming in audience, so audience cannot hear King. Is a puzzlement! But brave…”

I don’t want to be harsh, because Mr. Loh is obviously a sensitive and compassionate young man who means well. However, he is also receiving plaudits on Facebook and in the media for taking a position that is not ethical, and is in fact just more political correctness guilt-mongering and double standard-peddling. It is also likely to provoke disrespectful and arrogant parents to believe that they have a right to impose their problems on unsuspecting theater audiences.

At  Broadway’s Vivian Beaumont Theater, a screaming child disrupted a matinee performance of “The King and I.”  Some members of the audience agitated for the child to be removed, and the woman with the child indeed left.

One of the understudies in the production, Kelvin Moon Loh, defended the woman who brought the child to the performance in a post on his Facebook page, in which he assumed the kid was autistic and used the incident to argue for compassion and “inclusiveness” in the theater, and compassion.  Loh actually praised the woman as “brave.” Brave she may be; she also was selfish, irresponsible, disrespectful and absolutely wrong.

This is not an issue of tolerance. This is not an issue of compassion. The ethical issue is whether one person has a right, and can be right, to ruin a theatrical performance for the rest of the audience, or to unreasonably risk doing so. It’s an easy call: no.  Never. It is no more “brave” to take a child who cannot behave properly to a Broadway show (or any show) than it is to take a cranky infant to a movie. This is not like the airplane situation, where the mother has no choice, and the child’s noise doesn’t interfere with the flight’s main purpose, which is to get to the destination. The mother doesn’t have to see “The King and I,” nor does she have to bring her child to potentially disrupt it. Doing so is inconsiderate; defending her conduct, as Loh does, stands for a kind of etiquette affirmative action, in which being the mother of an autistic child relieves one of any obligation to care about anyone else. Continue reading →