Category Archives: Law & Law Enforcement

Morning Ethics Warm-Up, 1/11/2019: Triplets, Tongues, Feet, And Screeches

 

Good Morning!

1.It’s time to play… Champerty! I’m beginning my morning by explaining to an outside litigation funding entity that they really don’t have to worry about champerty laws as long as their loans are handled property. Champerty is an ancient common law crime that made it illegal for a third party to buy into litigation and to profit from the transaction if the litigation succeeded. Some states still have anti-champerty laws, but they are 1) pretty much dead letters and 2) don’t apply to legitimate litigation financing, where a loan is repaid whether the litigation succeeds or not, and the amounts repaid do not change if it does. In legal ethics, champerty becomes an issue when a lawyer or law firm “sells” a share of the legal fee to a third party. That’s fee-splitting with a non-lawyer, and strictly forbidden.

Champerty is often mentioned as a set with two other common law crimes, Maintenance and Barratry. Maintenance, Champerty and Barratry are among my favorite potential triplets names, along with Shadrach, Meshach, and Abednego; Caspar, Melchior, and Balthazar; Clotho, Lachesis, and Atroposand (The Fates);  Nina, Pinta and Santa Maria, and, of course, Moe, Larry, and Curly.

2. The Good Illegal Immigrant, again. In the wake of the wall dispute and the shutdown, the New York Times is ramping up its frequency of heartstrings-tugging tales of  illegal immigrants so lovable, industrious and virtuous that only a monster would oppose their permanent enjoyment of the fruits of illegally obtained citizenship. One such article this week began,

“Tomas Guevara fell in love with Ruth Ayala years before they met. Her brothers — like Mr. Guevara, Salvadoran immigrants living outside Washington — talked about her at church. She was hardworking and kind, they said, devoted to her family and her faith. Then Mr. Guevara saw Ms. Ayala’s photo; her big brown eyes, her warm smile. He decided to give her a call.”

Awww!

Later in the article, we have this sentence: “In 2001, he swam across the Rio Grande.”

The article raises many questions for me. Why was someone like Tomas eligible for “temporary protected status”? If the claim was that El Salvador was so dangerous that he could not be sent back there, why did he keep visiting that country, meet his wife there, and have his child there? Naturally, there was a program, the Central American Minors program begun in 2014, that allows the children of parents with temporary protected status to apply for permanent residency as refugees. Tomas’s wife was somehow eligible too.

This is what “chain migration” means, in case you wondered. Continue reading

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Filed under "bias makes you stupid", Around the World, Ethics Alarms Award Nominee, Ethics Train Wrecks, History, Journalism & Media, language, Law & Law Enforcement, Race

Gee, Mary, That Sounds Tough, But You Still Stole Millions Of Dollars…

I guess I’m just a hard-hearted bastard.

Last  September, art world luminary and art dealer Mary Boone, whose gallery  have been a prime feature of the New York art community since the Seventies, agreed to plead guilty to charges of filing false federal income tax returns, defrauding the government of millions of dollars. They had her dead to rights: the evidence showed that she used business funds to pay for more than $1.6 million in her personal expenses such as remodeling her  Manhattan apartment, and then falsely claimed those expenses as business deductions, prosecutors said. Then she failed to report on her personal tax forms the profit from her gallery, claiming losses to offset what she had declared as her personal income.

Now it’s sentencing time, and Boone’s lawyers are sawing away at the world’s smallest violin. Facing up to six years in prison, Boone is asking for compassion and minimal sentencing, indeed, her lawyers argue that she shouldn’t go to prison at all. Why? She had a troubled and unstable childhood, apparently. These led to mental health issues, a suicide attempt and drug and alcohol abuse. Most importantly, the poverty of her early life made her fearful that, despite her success, she would end up destitute and dependent upon others.

Funny…I’ve had those same fears at various times during my life. It never occurred to me that this might be a Get Out of Jail Free card.

“Behind the facade of success and strength lies a fragile and, at times, broken individual,” her lawyers wrote in the filing to the court made last month. The Times further reports, Continue reading

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Filed under Character, Law & Law Enforcement, Race

From The Ethics Alarms Frivolous And Vexatious Litigation Files: The Ethics Alarms Libel Case

Once again, the appellate brief for the appeal in Massachusetts courts involving the defamation lawsuit against me and ethics alarms has been rejected by the courts as non-compliant. This is actually somewhat annoying, as I had almost finished the brief brief in response (in market contrast to the 70-plus page monstrosity that was served on me. It took several hours to read the thing, several days to recuperate from the barn fervor, that is, bran flavor…no, brain fever! That’s it!

having to decipher the damn thing inflicted on me, and several more hours to almost finish my professional, clear document designed to give the poor clerk and judges that would have to read the appellate brief a break. That stalled, because while I am entitled to have the Appendix to the appellant’s brief to refer to, it was too big a file for the court to send to me, so they were making a special file.

So now I’m confused about 1) whether the deadline for my response is reset, 2) whether I’m going to have to start my response all over again, and most of all, 3), how many times a pro se litigant with no clue what he’s doing whose only motivation is revenge and to cause as much expense and inconvenience as possible because I banned him from Ethics Alarms after I figured out that he was, well, the kind of person who would behave like this?

It is a great virtue of our nation and its legal system that it allows amateurs—I was going to write well-meaning and sincere amateurs, but that obviously doesn’t apply here—to stumble around in the courts. After all, lawyers are expensive, even more expensive than psychiatrists. Nevertheless, there has to be a limit, don’t you think? People like my adversary cost the system, and taxpayers, millions of dollars as they play around being lawyer because they are bored, ” a few cherries short of a sundae,” to quote the comment that started this fiasco, without gainful employment, or all three.

Or does my home state assume that eventually pro se litigants will be so embarrassed by the constant rejection that they will give up? Boy, I hope not, because this guy is impossible to embarrass .

Well, I guess I have to call the Clerk of the Court again. We’re getting to be great pals.

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Filed under Law & Law Enforcement, U.S. Society

The Bioethical Dilemma Of The Mother’s DNR Revisited, And More Fetal Rights Ethics Confusion [UPDATED]

In Part 2 of the New York Times editorial board’s examination of the ethical and legal complexities of conflicting laws protecting the right to kill a fetus, the rights a fetus does have, and the mother’s rights, the question is posed:

Katherin Shuffield was five months pregnant when she was shot in 2008. She survived, but she lost the twins she was carrying. The gunman, Brian Kendrick, was charged with murdering them. Bei Bei Shuai was eight months pregnant and depressed when she tried to kill herself in 2010. She was rushed to the hospital and survived, but her baby died a few days later. Ms. Shuai was charged with murder.

Both cases are tragedies. But are Ms. Shuai and the man who shot Ms. Shuffield really both murderers?

It is an ethical question, a legal one and a logical one. Unfortunately, and typical of the entire series, the Times cannot play straight, or begin with basic principles. No, the questions is asked with an assumption in hand: the right to abortion must trump everything, even logic and justice The editors go on:

“Ms. Shuai is one of several hundred pregnant women who have faced criminal charges since 1973 for acts seen as endangering their pregnancies, according to National Advocates for Pregnant Women, which has completed the only peer-reviewed study of arrests and forced interventions on pregnant women in the United States. In many cases, the laws under which these women were charged were ostensibly written to protect them. Ms. Shuai, for instance, was charged under a law that was stiffened after the attack on Ms. Shuffield.

These criminal statutes are results of a tried-and-true playbook, part of a strategic campaign to establish fetal rights, reverse Roe v. Wade and recriminalize abortion. The sequence begins with anti-abortion groups seizing upon a tragic case in which a woman loses her pregnancy because of someone else’s actions. Public outcry then helps to strengthen a state feticide law that recognizes such lost pregnancies as murder or manslaughter. It’s a backdoor way of legally defining when life begins.”

In other words, the Times relies on ideology to duck an ethics conflict that points in a direction that radical abortion advocates don’t like, and thus refuse to acknowledge, because they don’t have a good answer for it. Here’s my answer: Yes, they are both murderers. If a mother who is gestating a child that she and her husband intend to have, and the child is killed by the act of a third party, a human being has been murdered, and charges are just. In the Sheffield case, her twins were within the protection of abortion limitations, though I would hold that this doesn’t matter, if they were both going to be delivered. If you don’t call this a murder, then a manic could perform an involuntary abortion on a 9 month’s  pregnant women, ripping her fetus out of her with murderous intent, and still face no murder charges as long as the mother recovered. Were it not that all obstacles to abortion must fall, even logical ones, no woman, no human being would call such an act anything but murder. Once any rights are assigned to the unborn at all, however, such logic is impolitic. Continue reading

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Filed under Bioethics, Childhood and children, Ethics Alarms Award Nominee, Government & Politics, Health and Medicine, Journalism & Media, Law & Law Enforcement

Morning Ethics Warm-Up, 1/9/18: The Speech! The Slur! The Secret Laws! The Shameful Dance!

Good Morning!

1 What a shock: A standard, typical, Oval Office speech. The monster! Ann Althouse has nicely covered the expected biased media reaction to President Trump’s speech last night, noting in part…

I’m reading Washington Post columns this morning, drawn or repelled by headlines. I was repelled by “Trump’s nothingburger speech.” That’s Jennifer Rubin, who I guess, was expecting Trump to do something drastic and planning to rage about it, then stuck with normal, and much less to chomp on… “Trump tried to play a normal president on television. The result was very strange.” … also, obviously, aims to make something of normal… It’s Alyssa Rosenberg:

“Given the hype, it was disconcerting to hear a speech that, at least for the opening minutes, could have been delivered by any normal politician….Those very gestures of presidential normalcy revealed how futile it was for anyone to wish that Trump would start talking like that all the time. Trump may have told more blatant falsehoods about immigrants and crime over the course of his speech, but to watch him mouth these platitudes is to witness a more insidious and disorienting kind of lying….Watching Trump’s flat delivery of sentiments that he can’t possibly believe was the inverse of comforting. Instead, the address had the queasy effect of a serial killer’s mask in a horror movie: It was a failed attempt to look normal that concealed something even more terrifying underneath….”

But the WaPo readers probably love this sort of thing…

I’m sure they do. Isn’t that great journalism? “We know he doesn’t believe what he’s saying.” The presumption of dishonesty and racism.

More Althouse:

I’ve now watched the Pelosi/Schumer response. I observed my emotional reaction, and I can tell you for sure that the line that reached me was “The fact is: the women and children at the border are not a security threat, they are a humanitarian challenge – a challenge that President Trump’s own cruel and counterproductive policies have only deepened” (spoken by Pelosi).

The word with emotional resonance for me was “humanitarian.” So I went back to the text of Trump’s speech, and I see that he used the word in his first sentence:

“My fellow Americans: Tonight, I am speaking to you because there is a growing humanitarian and security crisis at our southern border.”

And, to skip ahead to the 6th paragraph:

“This is a humanitarian crisis — a crisis of the heart and a crisis of the soul….”

It is not the job, obligation or responsibility of the United States to solve the humanitarian problems caused by citizens of other nations trying to enter our country illegally while imperiling children in the process. It does have an obligation to make it crystal clear that trying to make the problem ours will be futile.

Pelosi’s argument boils down to “Think of the Children!”

2.  And speaking of rationalizations: This dumb blog attempted to defend US congresswoman Rashida Tlaib uncivil and unprofessional vulgarity (“We’re gonna go in there and we’re going to impeach the motherfucker!”) by listing celebrities who have used the same insult: rappers, comedians, non-Americans, incorrigible left-wing Hollywood jerks like Spike Lee, and actors like Robert De Niro and Samuel L. Jackson, who in his movies calls everyone and everything a motherfucker, so he really shouldn’t count. this doesn’t even work as an “Everybody Does It” excuse. The issue isn’t the vulgarity, it’s the speaker, a member of Congress, and the ethical standards one accepts when entering that institution. Continue reading

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Filed under Citizenship, Ethics Alarms Award Nominee, Government & Politics, Journalism & Media, Law & Law Enforcement

Dear CNN: Fire Don Lemon. Or Fire Yourself, PART I: The Ethics Alarms Firing List

Before I discuss why CNN host Don Lemon has to be fired, and he does, I decided to check to see how many times Ethics Alarms had endorsed, recommended or demanded that a particularly unethical employee be fired. There are more than I thought. It’s a fascinating group, though:

  • 18 journalists, almost half
  • 9 political appointees
  • 7 educators: teachers, professors, and administrators
  • 3 performers/ celebrities
  • 2 prosecutors
  • and a mix of others.

Reviewing them, I don’t think any deserved to be fired any more than Don Lemon does after his statements this week.

Here’s the list: Continue reading

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Morning Ethics Warm-Up, 1/8/2019: A “Bias Makes You Stupid” Spectacular! [UPDATED!]

Good Morning!

The first appearance of Donald, Debbie and Gene in the New Year!

1. “A Nation of Assholes” update: Conservatives being ugly. The comments and even the posts around the conservative blogosphere regarding Ruth Bader Ginsberg are repulsive, and  reveal a deep mean streak, a lack of compassion and basic respect. Ginsberg, it was announced yesterday, will miss oral arguments–that means she won’t be able to vote on the cases she doesn’t hear—for the first time in her long career. It also may well mean that she isn’t long for this world, or the Court. The gleeful tone of the jokes, sarcasm and mockery being aimed her way by those salivating at the prospect that she will soon be replaced by a right-leaning justice is palpable. (Yes, some of the mean jokes are funny. The blog referring to her illness as a “belated Christmas present” isn’t.)

2. A classic bad argument for illegal immigration in response to an emotional one against it. The advocate? Geraldo Rivera. On a Hannity segment with conservative Dan Bongino [Correction notice: I mistakenly identified Bongino as African American in the original post. He is apparently Italian-American.]  Rivera tried to defend illegal immigration while condemning the use of individual episodes of violent crimes by illegals to justify stronger border enforcement. As Bongino and Hannity shouted around and over him, Rivera objected to Hannity’s featuring the grieving parents of 22-year-old Pierce Kennedy Corcoran who was killed in a head-on car crash with illegal immigrant Franco Cambrany Francisco-Eduardo. Francisco-Eduardo was charged with criminally negligent homicide and driving without a license or insurance,  was turned over to ICE. (Good!). Hannity lit the fuse when he began his panel by saying,

“Their son is dead. Or the people that also aid and abet these people with their sanctuary cities and sanctuary states, criminal aliens in our custody that are not handed over to ICE. You always say it’s about both parties, it’s not,” Hannity stated. “It’s about one party now that refuses to protect the American people…”

Said Geraldo at his most Geraldo-ish: Continue reading

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