Law & Law Enforcement

Free Crack Pipes For Black Addicts? Help! I Have No Idea What To Make Of This Story

/ Jack Marshall / 19 Comments

The current state of our journalism makes it difficult for me to deal with this story. There are other factors as well.

The headline I read two days ago was from the Washington Free Beacon, a fairly reliable conservative news source. I still didn’t believe it:

“Biden Admin To Fund Crack Pipe Distribution To Advance ‘Racial Equity’“

Yet the same day, this headline, which I verified, also appeared: “Heroin withdrawal made woman hallucinate SpongeBob telling her to stab her 3-year-old daughter to death, police say.” We are in the eras of Poe’s Law and The Great Stupid. There was a time not so long ago when the idea of Donald Trump becoming President of the United States was as plausible as us putting Dennis Rodman. in the White House A politician who suggested de-funding the police would be laughed out of public service. Encouraging illegal aliens to cross our borders would be seen as a symptom of a psychotic episode. Advocating teraing down statues of Thomas Jefferson would guarantee pariah status. Allowing non-citizens to vote, as New York City will do now, was incomprehensible. Imagine the reaction just ten years ago if a male college swimmer tried to compete as a woman because he decided that he “identified” as one.

Heck, maybe the Biden administration is distributing crack pipes.

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Ottawa Trucker Protest Ethics

/ Jack Marshall / 27 Comments

Is this an Ethics Train Wreck, defined as a situation where everyone involved in in the wrong? If it isn’t, to paraphrase Tommy Lee Jones’s burned-out sheriff in “No Country for Old Men,” it will do until a real one shows up.

We begin with the impetus for the protest. Truckers, alone in their cabs, pose no danger to anyone whether they are vaccinated or not, masked or not. Social distancing is enough when you’re alone inside a moving truck. The pandemic restrictions are increasingly obnoxious and irrational—unethical in short, “following the science” of experts who have been wrong (or lying) so often it would be funny if it hasn’t been so disastrous. Ethics Alarms is on record as holding that most protests are pointless and unethical, but not all. There is ample justification for truckers to protest what is, for them, oppressive government edicts.

BUT…this protest is violating the law, as well as inconveniencing and harming citizens who are not at fault for the policies the truckers are protesting. The truckers have paralyzed traffic, disrupted business and unsettled residential neighborhoods, as truckers parked their vehicles in intersections and across busy thoroughfares. “Someone is going to get killed or seriously injured because of the irresponsible behavior of some of these people,” Jim Watson, Ottawa’s mayor, said as he declared the situation a state of emergency. I don’t see how anyone can dispute that conclusion, and sympathy with the truckers’ position shouldn’t translate into acceptance of their mode of protest, Continue reading →

Ethics Observations On The Nicest Darn Home Invader Ever

/ Jack Marshall / 1 Comment

A week ago, early on a Sunday should have been like any other for a Santa Fe, New Mexico family, 34-year-old Teral Christesson, armed with an AR-15 rifle, broke a window and invaded their home. Once inside, he slept, had some beer and shrimp out of the fridge, and took a bath.

When the surprised and alarmed residents returned to their home later to find a stranger with a  duffel bag and an AR-15 scoped rifle there, Christesson expressed great embarrassment and apologized profusely. He then gave them $200 to make it all better, or at least to pay for the window he broke. Then he said goodbye, and left.

What a nice young man!

He was arrested the next day when police found Christesson after responding to a report of a man attempting to hijack a car. He reportedly told investigators he still “felt bad” about breaking that window. Now he’s facing charges of aggravated burglary, larceny, and criminal damage to property.

Ethics observations: Continue reading →

Observations On What Appears To Be An Epic Black Lives Matter Scandal

/ Jack Marshall / 16 Comments

I will only offer observations at this point because there are so many questions to be asked that it’s premature to say exactly what happened, or in Ethics Alarms-ese, “What’s going on here?’ I stumbled across this current story by accident, while preparing a preliminary outline and seminar description for a program I’ll be doing as I have been for two decades for the annual Washington Non-Profit Legal and Tax Conference in March. What recent non-profit and charity ethics problems have arisen in the last year or so? And up popped the jaw-dropping message above.

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Incompetent Elected Official Of The Month: Senate Majority Leader Sen. Chuck Schumer

/ Jack Marshall / 11 Comments

It’s Murphy’s Law: This had to happen so soon after I wrote (somewhere around here) this week about how I felt those who spoke extemporaneously should be given the benefit of doubt when they say something stupid, offensive, or inflammatory. It does not apply in this case, however.

Senator Schumer (D-NY) was attacking Republicans in a speech on the floor of the U.S. Senate, as is his wont, on the upcoming battle over Joe Biden’s affirmative action SCOTUS nominee who hasn’t even been chosen yet. Chuck pointed out that the Court had only white male justices until 1981. “Until 1981, this powerful body, the Supreme Court, was all white men. Imagine. America wasn’t all white men in 1981, or ever,” Schumer said. “Under President Biden and this Senate majority, we’re taking historic steps to make the courts look more like the country they serve by confirming highly qualified, diverse nominees.”

Wow, over two hundred years without a black Justice on the U.S. Supreme Court. That is outrageous. Weird too, because I have this funny memory about a black guy being on the old Warren Court before I got out of high school. The mind plays funny tricks! Continue reading →

Ethics Hero: Luke Bunting ’22, Editor-in-Chief Of The Georgetown Journal of Law & Public Policy

/ Jack Marshall / 1 Comment

The battle over the punishment of Illya Shapiro for WrongThink—Imagine, he actually thinks excluding outstanding Supreme Court candidates by using racial and gender discrimination is unwise!—continues.

Luke Bunting, a 3L at Georgetown University Law Center who also edits one its journals, is stepping up where the GULC faculty has failed miserably. Echoing the legal academics and scholars across the country who have signed an open letter protesting the Law Center’s Dean, William Treanor’s effort to ingratiate the school with the censorious Woke and the race-baiting mob, Bunting has authored a similar letter for GULC alumni to sign. It reads,

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“Democracy Dies In Darkness” And Civic Literacy Dies By Trusting The Washington Post

/ Jack Marshall / 23 Comments

A few days ago, we were treated to a Post science reporter trying to resuscitate Aristotles’ theory of gravity. Also a few days ago, a Post political reporter “informed” the renowned paper’s erudite and elite readership of the development above.

It’s hard to be more wrong than that news item. First, the Constitution is not “supposed” to include any Amendment that wasn’t ratified within the legal deadline. Thus the archivist isn’t “refusing” to add an unratified Amendment. It can’t be added. It’s not an Amendment!

But wait! There’s more, and it took a conservative law professor to point out the error:

February 2, 2022

Letters Editor

The Washington Post

letters@washpost.com

Re:Amber Phillips, ‘The never-ending fight over whether to include the Equal Rights Amendment in the Constitution,’ The Washington Post (Jan. 31, 2022, 2:22 PM EST), <https://tinyurl.com/m6n3wfts>.

Dear Letters Editor, 

Ms Phillips wrote that: “Two-thirds of the states have ratified the ERA, which meets the constitutional requirements for adding to the Constitution.” This is not correct. Article V of the United States Constitution, which governs the constitutional amendment process, requires ratification by the legislatures of ¾ of the states. In certain circumstances ratification is possible by the conventions of ¾ of the states, but those circumstances are not applicable to the proposed Equal Rights Amendment.

In any event, as long as the United States has 50 states, ratification requires action by ¾ or 38 states, and not 2/3 or 34 states.

Sincerely

/s/

Seth Barrett Tillman 

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The Duty To Warn: As Will Surprise No One Who Is Familiar With This Blog, I See A Serious Ethics Issue Related To My Recent Visit To The Emergency Room

/ Jack Marshall / 20 Comments

I’m going to have to cover this topic with one metaphorical hand tied behind my metaphorical back, because some of the important details land in the realm of confidentiality.

Last week, one of my loved ones had a frightening experience, slowly becoming disoriented and confused regarding time, place and language, hallucinating, falling down an unlit staircase and only missing serious injury by pure luck, speaking nonsense, then gibberish, and finally being unable to speak at all. By the time the EMTs were summoned, I was worried that I was witnessing a stroke in progress, which is what the paramedics thought when they arrived.

But it wasn’t a stroke. In fact, the ER doctors couldn’t figure out what was going on. By then the patient was trembling, thrashing around (so much that an MRI was impossible), frightened, angry, aggressive, and talking incessantly but incomprehensibly. They thought it might be a tumor, or an infection, or bleeding, or an interaction of many factors. It was like a “House” episode.

The real reason for the symptoms was that the patient hadn’t filled a long-standing prescription for Levothyroxine, a very common drug ( also known as synthroid) used to treat an underactive thyroid. The weather had been bad and ice was everywhere, so the trip to the CVS was put off one day, then another, then another. An unremarkable few days off the drug, which had been taken regularly for decades with occasional short interruptions, stretched into a week. That, the doctors concluded, had caused it all. Once the drug was injected, complete recovery occurred overnight.

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Ethical Quote Of The Week: Faculty Letter To GULC Dean Treanor In Support Of Illya Shapiro [CORRECTED]

/ Jack Marshall / 8 Comments

So far, 106 professors from all points on the ideological spectrum have signed a letter to Georgetown Law Center’s Dean Treanor, telling him what should not have to be explained to a Top 20 law school dean: that “academic freedom protects [Illya] Shapiro’s views, regardless of whether we agree with them or not. And debate about the President’s nomination, and about whether race and sex play a proper role in such nominations more generally, would be impoverished—at Georgetown and elsewhere—if this view could not be safely expressed in universities.”

Shapiro, as discussed here, has been suspended (“put on leave pending an investigation”) by Treanor, and if past behavior by Georgetown Law Center is any indication, he is likely to be fired, forced to resign, or to have to humiliate himself by submitting to “sensitivity training” after a public confession of WrongThink.

Here is the letter, which appears to have been coordinated by the Foundation For Individual Rights in Education. Those seeking to add their names to the signatories can email facultyoutreach@thefire.org.

Disgracefully, no member of the GULC faculty has signed the letter to support their colleague—and the principles of freedom of expression and academic freedom at their own institution—as of this writing. Continue reading →

It Reveals The Dire State Of U.S. Higher Education Culture That Dean William M. Treanor Of Georgetown University Law Center Isn’t The Most Unethical Law School Administrator Of The Past Year (It’s Close, Though…)

/ Jack Marshall / 11 Comments

That distinction still has to go to Yale Law School Director of Diversity, Equity & Inclusion Yaseen Eldik and Associate Dean of Student Affairs Ellen Cosgrove, who persecuted, and and threatened a student in this infamous episode last Fall. Their victim is a student, which gives them an edge over Dean Treanor whose target is Ilya Shapiro, GULC’s newly hired director of the Robert A. Levy Center for Constitutional Studies and vice-president of the Cato Institute.

Just two days ago, I described Shapiro’s foray into the debate over President Biden’s looming Supreme Court nomination, which will have to be a black woman because race and gender are more important to the Far Left than qualifications, ability and experience in the branch of the government that protects the Constitution, but mostly because Joe promised he would while in Full Pander Mode as he fought for his party’s nomination to oppose President Trump in 2020. Shapiro issued a series of tweets that were crystal clear to anyone reading them rationally and honestly, making his case that Biden should be nominating Justice Breyer’s replacement on the basis of qualifications, ability and experience. A careless choice of words, however—this was Twitter, after all—gave race-baiters and progressive censors an opportunity to pounce, and they did.

Shapiro was accused of being a racist (of course); the law schools black student association demanded he be fired (also of course); and GULC’s ostentatiously woke Dean capitulated to the anti-free speech and anti-academic freedom mob, announcing yesterday to me and other “alumni/ae”, as the marvelous Dean I worked for, the late David McCarthy always called them…

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