Boy, This Guy Must Be One Hell Of A Lawn Mower!

This is going to be uncharacteristically short, but I feel the story deserves its own post

The Ohio Supreme Court has indefinitely suspended lawyer Austin Roan Buttars of Dublin, Ohio for transferring more than $147,000 from the accounts of a mentally ill client though the lawyer and his law firm were only owed about $19,000. Buttars acquired the other $128,000 by stealing from  or overcharging the client

Not that he didn’t work for his money. For example, the Court found that Buttars  charged his legal hourly rate for mowing her lawn.

I just thought you should know.

Unethical Quote of the Month: Speaker Nancy Pelosi

There’s Joe, being Joe Biden again!

“Here’s the thing. I have complete respect for whole #Metoo movement, I have four daughters and one son. And there’s a lot of excitement around the idea that women will be heard and be listened to.There is also due process and the fact that Joe Biden is Joe Biden.”

 Speaker of the House Nancy Pelosi, on why Tara Reade’s sexual assault allegations against Joe Biden couldn’t possibly be true, as she responded to a question about how she justified treating Biden’s accuser differently from Bret Kavanaugh’s accuser.

“Joe Biden is Joe Biden.”

“Joe Biden is Joe Biden”????

Is there any conceivable reading of that statement that isn’t unethical?

Does she mean that Joe Biden isn’t Bret Kavanaugh, so he should be subject to a different standard? Unethical.

Does she mean that Joe Biden, being Joe Biden, is such a boon to American society that he deserves to get away with sexual assault?  That’s Rationalization #11, The King’s Pass. Unethical. Continue reading

Hump Day Ethics Hunches, 4/29/2020….There Must Be An Ethics Analogy For A Five-Headed Shark

1. Idiotic movie ethics. Last night I watched “Five-Headed Shark Attack,” hoping to discover a new all-time bad horror movie. First, it wasn’t that terrible, meaning that it was a total waste of time. Mainly, however, the title was a shark bait-and-switch. The preview (and the posters) said the shark had 5 heads and was shaped like a starfish. No, it had four heads, and looked exactly like a Disney cartoon character’s glove.

Late in the movie, we saw that the monster’s tail had a mouth (once we saw it gobble a foot that slipped by the four heads), but it had no eyes, guided the shark like a tail, and no character in the film ever saw it, so the creature was never once called a “Five-Headed Shark.” My wife and I had an argument over my contention that just because a tail has teeth, that doesn’t make it a head.

2. I think we can fairly conclude now how serious progressives and Democrats are about standing up for women and fighting against sexual assault and harassment: They’re not . #MeToo and #TimesUp are clearly political weapons to be used against conservatives, Republicans and abortion opponents, real or otherwise, and certain groups, like black Democrats, are immune, even from adverse opinion.

Nice. A lot of women are going to suffer because of this, and they can blame their own alleged advocates.

In Maryland, right next door to Virginia where African-American Lt. Governor Justin Fairfax is still in office despite having been credibly accused of rape and sexual assault , Democrat Kweisi Mfume easily won a special election yesterday to finish the term of the late Elijah Cummings, retaking a Maryland congressional seat he held for five terms before leaving to lead the NAACP.  Mifune had to leave the NAACP after it was revealed that he dated one staffer while its president, and another alleged she had been sexually harassed by him and was passed over for a promotion after she rejected his advances, according to the Baltimore Sun. She then threatened to sue the organization, so the NAACP paid her a $100,000 hush money payment in 2004 to avoid the lawsuit. This was the sort of scandal that drove Bill O’Reilly off Fox News. Continue reading

Ethics Quiz And Poll: The Nurse Practitioner’s Dilemma

Sure.

It is seldom that I strongly disagree with NYU philosophy professor Kwame Anthony Appiah, “The Ethicist” of the New York Times Magazine’s long-running advice column. A month ago I did, and emphatically so.

The question posed to him involved a professional ethics dilemma, and “The Ethicist” was so certain he had the correct answer that he was uncharacteristically terse about it. I’m pretty certain about the answer too, except that my certainty is that he’s wrong. But I have some doubts, based on my ethical positions in related situations.

The inquirer was a a nurse practitioner working at a primary care clinic for low-income patients. She said that a 16-year-old patient told her that she had stopped coming by the clinic to have her birth control pills replenished because she and her partner were trying to have a baby together. She had been having unprotected sex for  a while, and she was concerned that she might have some physical problem preventing her from conceiving. The nurse practitioner asked,  “Would it be ethical for me to steer her away from trying to get pregnant? …Or, as her health care provider, do I have an ethical duty to try to help her conceive?”

Appiah doesn’t see any wiggle room. He says,

“You’re her health care provider. You should certainly tell her about the medical consequences of pregnancy. But the social and economic consequences don’t fall within your professional competence. An intervention about her life choices may seem moralizing and intrusive to her, and it could drive her away; and then she’d be losing your guidance on the things you are trained to help her with.”

Really? Continue reading

Evening Ethics Cool-Down, 4/28/2020: Ethics Clouds In My Coffee

Good evening.

1. Here’s an ethics quote I need to use more often…I was watching the 1941 film “The Devil and Daniel Webster,” about a jury trial to determine whether the Devil will get a farmer’s soul as contracted.  It reminded me of a quote by Kurt Vonnegut: “A soul is the part of you that let’s you know when your brain isn’t working properly.”

A better definition of an ethics alarm you could not devise.

2. So where were the souls of the judges who voted for this? Thousands of prisoners have been released from incarceration to protect them from the outbreak of the Wuhan virus inside jails and prisons.  The theory is that subjecting prisoners to this special peril is cruel and unusual punishment. The theory’s not wrong, but it’s a bit unbalanced. Their peril is not entirely  society’s fault, after all.

There are activists at the extreme end of the progressive spectrum —a division getting larger all the time, it seems—who seem to want to eliminate penal punishment completely.  Not letting a crisis go to waste, a group of them , Columbia Legal Services, began pushing for inmates over 50 years old in Washington state to be released as a compassionate act to save them from the virus.

Among the intended beneficiaries: Gary Ridgeway, the Green River Killer, and Isaac Zamora,  serving a life sentence for going on  a shooting rampage and killing six  people. Ridgeway is one of the nation’s most frightening serial killers, eventually confessing to 71 murders. Over the three decades of the 1970s, ’80s and ’90s, Ridgeway captured women and girls, raped them, and  strangled them. He loved watching the life go out of their eyes as they died by his hand, though sometimes he used a  rope. Then he  would pose with the corpses. If he really liked his victim,  he’d have post mortem sex with her body. His first victims were found in the Green River, giving him a catchy name.

Ridgeway was sentenced to 500 years in prison with no possibility of parole. The victim’s families were promised that he would never be released. Ah, but poor Gary is 71 now, and thus at risk of succumbing to the pandemic, and presumed to be too feeble to be a threat. That, at least, is what Columbia Legal Services argued. (You know, I’m not much younger than Ridgeway, and I’m pretty certain I could murder someone. In fact, I’m getting ideas…)

Q13 News reported  that prosecutors protested that “the Petitioners [Columbia Legal Services] demand that 2/3 of the prison population be released into the community, a number which includes serial killers and capital murderers.” You would think that their argument would be a slam dunk. You would be wrong. Continue reading

Monday Morning Ethics Warm-Up, 4/27/2020: It’s Come To This…

…I have to rely on cute Jack Russell Terrier videos to keep me from heading to the bridge…

1.  No, guys, it’s not unethical to retract a bad law. SCOTUS Justices Samuel A. Alito Jr, Thomas and Gorsuch were annoyed that the Supreme Court refused to consider the Constitutionality of a New York anti-gun law after the state not only repealed the law, but passed a law preventing a similar law from being passed again. The Supreme Court today dismissed a major gun rights case that Second Amendment activists had hoped would clarify the right to bear arms. The decision dismissing the case was unsigned, but the dissent was signed, so we also know who made up the majority.   “By incorrectly dismissing this case as moot, the court permits our docket to be manipulated in a way that should not be countenanced,” Alito et al. hurrumphed. The law’s removal rendered the case moot and denied the Court an opportunity to explore whether there is a right to carry a gun outside the home.

I’d say that when the prospect of being slammed by the Court makes a state back down from an overreaching law, that’s a win. Stop complaining. Continue reading

“Nah, Academia, Mainstream Media And Social Media Aren’t An Increasing Threat To Free Speech!”

The Atlantic, the increasingly progressive culture and politics magazine, has offered its readers an article by Harvard law professor Jack Goldsmith and Arizona U. law professor Andrew Keane Woods called “Internet Speech Will Never Go Back to Normal: In the debate over freedom versus control of the global network, China was largely correct, and the U.S. was wrong.”

Yes, you read that correctly. Two distinguished law professors are celebrating Communist China’s censorship of the web in contrast to the U.S.’s silly approach, that crazy First Amendment thingy.  Here are some quotes to chill you to the marrow of your bones:

Covid-19 has emboldened American tech platforms to emerge from their defensive crouch. Before the pandemic, they were targets of public outrage over life under their dominion. Today, the platforms are proudly collaborating with one another, and following government guidance, to censor harmful information related to the coronavirus. And they are using their prodigious data-collection capacities, in coordination with federal and state governments, to improve contact tracing, quarantine enforcement, and other health measures. As Facebook’s Mark Zuckerberg recently boasted, “The world has faced pandemics before, but this time we have a new superpower: the ability to gather and share data for good.”

Proudly working with each other and the government to censor the web!

“But the “extraordinary” measures we are seeing are not all that extraordinary. Powerful forces were pushing toward greater censorship and surveillance of digital networks long before the coronavirus jumped out of the wet markets in Wuhan, China, and they will continue to do so once the crisis passes. The practices that American tech platforms have undertaken during the pandemic represent not a break from prior developments, but an acceleration of them.”

You might think that the two authors are sounding an alarm over this development. Uh, no. They write, Continue reading

Saturday Ethics Warm-Up, 4/25/2020: The Quiet Before The Storm

Something’s coming.

(I’d have the West Side Story song up, but for some reason WordPress hasn’t been letting me embed videos lately.) Do you feel it? I sure do…

1. Our incompetent leaders, Part 645, 991. The proper anti-virus conduct as modeled by Nancy Pelosi on TV last week: take off your mask, wipe your nose with your hand,

…and touch the podium. Members of both parties demonstrated similar Wuhan virus safety awareness:

2.  Meme Wars…

[Pointer: Steve Witherspoon (not Other Bill, as I erroneously stated originally. Sorry, Steve)]

…and this (from the Babylon Bee):

3. You know, I really don’t care what someone like this thinks about illegal immigration. In a review of a pro-illegal immigration book by illegal immigrant (OK, she’s a “Dreamer”)

Quick diversion: Education Secretary Betsy DeVos announced that “Dreamers”—people brought to the U.S. illegally as children—cannot access emergency funding set aside for college students who are enduring disruptions in their education because of the pandemic, because grants may only be given to students who are eligible for federal aid under Title IV of the Higher Education Act,  meaning U.S. citizens. Naturally, she is being attacked as cruel and racist.

It is the correct, responsible, legal and ethical decision.

So she is laboring under emotional difficulties, a law-breaker herself, and a liar. That’s some expert you got there. She’s also not very bright, based on this statement from her book: Continue reading

A Professional Ethics Case Study…From Broadway

Before you read the post, can you guess who that actor is in the Afro?

Lately I’ve been helping a lot of lawyers seeking to create so-called Rule 5.4 law firms in the District of Columbia. In these firms, unique to the District, non-lawyers can be full partners. This means that they can share in the firm’s fees, which is something otherwise forbidden and a major ethics breach in the 50 states. Lawyers cannot, must not, dare not share their fees with non-lawyers…unless those non-lawyers are partners in the same firm.

There are certain requirements for that to happen, and the main one is that the non-lawyers must be supervised by a lawyer in the firm to ensure that the non-lawyers don’t engage in conduct that would be unethical for a lawyer.  The legal profession is justifiably wary that the unique priorities of the legal profession cannot be easily absorbed or understood by those who have been trained and influenced in a different culture.

It is right to be wary. Lawyers have enough trouble avoiding violations of their own rules; doctors, accountants and others, steeped in different alignments of values, can’t just shift gears like suddenly being in a law firm is like test driving a sports car. For so-called “non professionals,” a category that is increasingly contentious, it may be even harder to adjust, if not impossible.

Lawyers are often  overly optimistic about their non-lawyer partners’ ability to learn the importance of keeping all client confidences, not crossing over into the unauthorized practice of law, sensing possible conflicts of interest and illicitly soliciting clients, or engaging in misrepresentation and deceit, to name just a few. Lawyers tend to think that all professional ethics should be fungible. It’s a dangerous misconception, and there is a little cautionary tale from, of all places, Broadway, that illustrates it.

It has been mostly forgotten, but in 1969, a musical called“Buck White” opened at the George Abbott Theater. Its unlikely star: draft-resisting ex-heavyweight boxing champion Muhammad Ali.

Yes, you read that correctly. Continue reading

“1,825 Words You Can Never Say On Facebook”

This is ominous: it’s the second time this month that I’ve had good reason to quote George. Did the Democrats already take over?

In 1972, the late George Carlin debuted his famous routine called “ “The Seven Words You Can Never Say on Television.” The words were: shit, piss, fuck, cunt, cocksucker, motherfucker, and tits, all of which you can hear on television today. (Who says life doesn’t keep getting better? ) But George would be fine: I have it on good authority that in Stand-Up Heaven, where Henny Youngman has St. Peter’s job, George is knocking celestial audiences dead (metaphorically, of course,) with his new monologue, “1,825 Words You Can Never Say On Facebook.”

It’s hilarious, if a little long.

The Foundation For Individual Rights In Education has released a report based on its investigation of how public universities—that’s the government, remember—engage in surreptitious censorship of student expression.  Censorship of student expression is illegal, but The FIRE exists because so many universities find that concept too complex to grasp.

Implicated in the results: Facebook, which provides  the tools for censorship, including its automated content filters. These allow state institutions to automatically “hide” users’ comments if they contain words included on Facebook’s undisclosed list of offensive words, or a government entity’s customized list of prohibited words. The filters allow  public universities to quietly remove critical Facebook posts, restricting open campus and public discourse.

The  FIRE surveyed over 200 public universities and colleges across 47 states and the District of Columbia. It found that fully half of the surveyed institutions  use Facebook’s “strong” profanity filter, while nearly a third use the “medium” filter. That means  about 77% of surveyed institutions use an undiclosed  blacklist of prohibited words. Nearly a third of the universities surveyed (59, or 30.3%) created a custom blacklist, collectively censoring 1,825  words and phrases in order to, among other unconstitutional objectives, “block animal rights activists’ criticism of food vendors,” suppress “debate over the fate of  a campus Confederate monument,” and stifle debate over controversial faculty, politicians, and sports teams.

Public universities can and do manipulate Facebook comments to distort the  public discourse. Wright State University, FIRE tells us, deleted comments supporting a faculty strike from its Facebook page,  confining debate over the action to a rigged community forum that appeared supportive of the university’s administration while being critical of striking faculty.

Yup, that’s how fascism works!

 Facebook doesn’t alert a user when their post has been removed, or tell the public that comments have been censored, so this system is perfect for mind and opinion molding. FIRE says,

These automated methods of censorship are not only contrary to a commitment to freedom of expression, but also provide government actors with tools that—in light of recent federal court rulings concerning President Trump’s Twitter feed—violate the government actors’ legal obligations under the First Amendment.

Below are the words that Facebook helps universities control speech and thought by censoring. Some will be relieved to know that “retard” is on it. Then again, so is “poor”…