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”…

Now THIS Is An Unethical Lawyer. Yes, I Am Confident That I’m Not Jumping To Conclusions Here…[CORRECTED]

John Gillespie, a  criminal defense lawyer in Melbourne, Florida, was arrested in a law enforcement sting operation over the weekend  for using his legal practice to recruit young female clients into a prostitution ring that he ran out of his home.

And you thought “Better Call Saul” was disillusioning…

The Orlando Metropolitan Bureau of Investigation found evidence that Gillespie “would initiate women he represented on criminal charges into prostitution or exchange sex acts for legal fees.” A former law firm employee tipped off the agency, explaining that she had helped Gillespie recruit women and girls into sex trafficking. Continue reading →

Which Part Of “A Judge Shall Perform Judicial Duties Without Bias” Confuses You, Your Honor?

Here are a few provisions of the Texas Code Of Judicial Conduct:

  • From the Preamble: “Intrinsic to all sections of this Code of Judicial Conduct are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system.”
  • “A judge shall comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.”
  • “Canon 2: Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities”
  • “A judge shall not allow any relationship to influence judicial conduct or judgment. A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge.”
  • “A judge shall perform judicial duties without bias or prejudice.”
  • “A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and shall not knowingly permit staff, court officials and others subject to the judge’s direction and control to do so.”
  • A judge shall conduct all of the judge’s extra- judicial activities so that they do not cast reasonable doubt on the judge’s capacity to act impartially as a judge..
  • “A judge may participate in civic and charitable activities that do not reflect adversely upon the judge’s impartiality or interfere with the performance of judicial duties.”

OK, now you’ve read  that, as presumably all Texas judges have. Now, if you were Bexar judge Rosie Speedlin Gonzalez, would your judicial ethics alarms start sounding as you considered displaying a rainbow flag in your courtroom, using a rainbow pen, a rainbow mouse pad and a robe with a rainbow-style strip of Mexican blanket design? Continue reading →

Morning Ethics Warm-Up, 4/21/2020: Groundhog Day

Hi.

I was talking with a colleague about the most relevant movie to watch these days. As readers here know, the outbreak of elected officials letting power go to their heads led me to designate Woody Allen’s “Bananas” for that honor.  (And yesterday I posited the relevance of “Airplane!” )Still, it’s hard to argue against my friend’s position that the right choice is “Groundhog Day.”

In the interest of sanity, I reject “Contagion” and especially “World War Z” or “Quaranteen.” (All good movies though.)

1. Right now it’s turned face to the wall, but today I’m putting a sheet over it…My college diploma becomes more embarrassing by the day. Harvard University has accepted nearly $9 million from the pandemic relief package. With a 40 billion dollar dollar endowment, Harvard is better off financially than the U.S. government.

[Notice of Correction: I wrote “million” instead of billion in the original post. Really stupid typo. I apologize.]

There is no excuse for the school accepting the money. It is getting widely criticized for taking it, and ought to be.

A spokesman for the U.S. Department of Education said ithat Education Secretary Betsy DeVos “shares the concern that sending millions to schools with significant endowments is a poor use of taxpayer money. In her letter to college and university presidents, Secretary DeVos asked them to determine if their institutions actually need the money and, if not, to send unneeded CARES Act funds to schools in need in their state or region.”

In an episode of Spokesman vs Spokesman, a mouthpiece for the Ivy said, disingenuously,

“By federal formula laid out in the CARES Act, Harvard was allocated $8.6 million, with 50% of those funds to be reserved for grants to students. Harvard is actually allocating 100% of the funds to financial assistance for students to meet their urgent needs in the face of this pandemic. Harvard will allocate the funds based on student financial need. This financial assistance will be on top of the significant support the University has already provided to students — including assistance with travel, providing direct aid for living expenses to those with need, and supporting students’ transition to online education.”

This is an exercise in deflection and rationalization. The only issue is that Harvard has plenty of money to do all of this without any hand-outs from the government, and many other institutions need the money more, which is an easy calculation because no institution needs money less than Harvard does. Continue reading →

Take THAT, Supreme Court Cynics! Ramos v. Louisiana.

The U.S. Supreme Court today over-ruled, 6-3, its really bad 1972 holding that rights, like the 6th amendment fair trial requirements, were not necessarily incorporated into the states by the 14th. Oregon and Louisiana, astoundingly, did not require unanimous jury verdicts of guilty in criminal cases, allowing 10-2 convictions. In Louisiana, the anomaly  was an 1898 relic of the Jim Crow era; I have no idea what Oregon’s excuse was.

Louisianans voted in 2018 to do away with the practice,  passing an amendment to the state constitution requiring unanimous verdicts going forward. But up to a hundred prisoners,  like Evangelisto Ramos who was serving a life prison sentence after being convicted of murder in a 10-2 jury vote, will get new trials because their convictions came under the old, unconstitutional law and their appeals aren’t exhausted. The case is Louisiana v. Ramos.

Two aspects of the decision are especially noteworthy, other than the fact that its seems obviously correct. Continue reading →

Afternoon Ethics Alarms, 4/19/2020: Facebook, Harvard, Broadway And You Know, Morons…

Good afternoon!

1. It’s come to this…Commenter Matthew B sent me the link to an article on Facebook, and when I clicked on, it this came up…

Yes, Facebook warned me that Ethics Alarms was a “malicious site.” I especially like the part where Facebook says to contact them if I think they were in error, but also say that they won’t do anything if it is.

2. Meanwhile, regarding my  alma mater whose diploma I already have turned to the wall, here is an illustration in the latest Harvard alumni magazine for an article about how bad home schooling is:

Yes, “Arithmetic” is spelled wrong.

I bet Harvard Magazine tries to claim that this was intentional by the artist, to highlight the inadequacy of a home schooling education. That will be, of course, a lie, but there won’t be any way to prove it. You know, when you are America’s oldest and most prestigious university, you really can’t afford to be that careless, especially to your alums, and particularly when your administration has embarrassed itself repeatedly on the last decade. Continue reading →

Everything About This Story Is Discouraging: The Carrollton Video [Corrected]

Chapter I: In Georgia, two Carrollton High School  seniors made a truly cretinous video. Filmed in a bathroom, the male and female students students pretend to be doing a   cooking show as they pour cups of water into the sink.

Showing their faces in the mirror, she announces, “Hey, today we’re making…”as the  camera aims at the sink where there’s a piece of notebook paper with “niggers” written on it. The male student intones the word. The male student lifts cups of water and pours each one into the sink, over the paper. Under each cup is a piece of paper with the name of an “ingredient” written on it, which the young woman reads.

“First we have ‘black,'” she says. He then pours the cup of water into the sink over the paper with the slur. “Next we have, ‘Don’t have a dad!'” Other ingredients include “eating watermelon and fried chicken” and “rob people.”

“Specifically whites,” guy adds as he refills the “robs people” cup over and over using the sink tap.  One cup labeled “make good choices” is empty. The couple  feign surprise over the cup having nothing in it.

Once their opus was complete, the couple was so proud that they posted it online.

Why this is discouraging: In what alternate universe would anyone from the age of seven up think something like that would be acceptable to publicize? What kind of polluted culture is being fostered in Carollton? What are they teaching in the schools?

Even passing on that, how could anyone be so stupid as to think posting an overly racist video wouldn’t have serious consequences? Again, who is teaching critical thinking in that community? What have the parents been doing for 17 years, getting stoned? Continue reading →

Saturday Ethics Warm-Up, 4/18/2020: The “ARRGGH!” Edition

A weekend?

Frankly, at this point, I can’t tell the difference.

1. ARRGH! Trump Calls For An Insurrection! I must say, having a President who is 12 does create problems. The President’s juvenile “Liberate Michigan!” tweet naturally had the “resistance” in an uproar; the Washington Post even dug up a lawyer from the Obama administration who was willing to write an op-ed seriously arguing that he had advocated the overthrow of the government. Oh, great, I can’t wait for Adam Schiff to try to impeach him for a tweet that had the gravitas of graffiti.

If one concedes that the President should tweet at all—and since he refuses to use any filters whatsoever, I don’t concede that; I doubt that anyone who wants to maintain credibility and trust should tweet—then urging the states to start nudging the economy back into operation is a legitimate objective, and so is opposing outrageous meat-axe over-reach by governors. mayors and police that abuse civil rights—like banning the sale of seeds, or being alone in a car. However, as I am sick of saying, the President’s mode of communication does not include nuance, which makes tweets like yesterday’s irresponsible and incompetent

2. “ARRGH! I’ve been infected!”  When the going gets tough, the tough get scamming. In Arcata, California, a fake on-line ordering webpage named “Order Hero” copied web pages from local restaurants including phone numbers, addresses and actual menu items. Customers accessed the  website through Google, then provided credit card information to order food.  When the victims arrived at the restaurant to pick up their order, they learned no such on-line ordering services existed.
Continue reading →