Ethics Heroes: 28 Harvard Law Professors

Campus sex is returning to the '50's....the 1850s.

Campus sex is returning to the ’50’s….the 1850s.

In 2011, the Obama Administration threatened universities with a loss of funding if they did not adopt a new “preponderance of the evidence” standard in evaluating alleged student sexual assault and sexual harassment. This was, few doubt, a sop thrown to the combative feminists among the Democratic base, those who detect a culture-wide “war on women” and who seek to cast co-eds as imperiled naifs even as the proclaim themselves the equals of men. Within three years this really bad idea has metastasized into the Campus Sexual Assault Witch Hunt Ethics Train Wreck, which would be getting more media attention but for the fact that the world is falling apart in chunks. Among its weirder effects is the proliferation of new “yes means yes” regulations, effectively taking all spontaneity, romance and fun out of sex, all in the service of dubious and cynically employed campus rape statistics. Take this, for example:

“Consider the sexual consent policy of California’s Claremont McKenna College, shared almost verbatim with other schools such as Occidental College in Los Angeles. Paragraphs long, consisting of multiple sections and subsections, and embedded within an even wordier 44-page document on harassment and sexual misconduct, Claremont’s sexual consent rules resemble nothing so much as a multilawyer-drafted contract for the sale and delivery of widgets, complete with definitions, the obligations of “all” (as opposed to “both”) parties, and the preconditions for default. “Effective consent consists of an affirmative, conscious decision by each participant to engage in mutually agreed upon (and the conditions of) sexual activity,” the authorities declare awkwardly. The policy goes on to elaborate at great length upon each of the “essential elements of Consent”—“Informed and reciprocal,” “Freely and actively given,” “Mutually understandable,” “Not indefinite,” “Not unlimited.” “All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting”—think: signing a mortgage—“and a willingness to do the same thing, at the same time, in the same way,” declare Claremont’s sex bureaucrats.”

Cheers, then, are due to 28 Harvard Law professors, who authored and signed a letter protesting Harvard University’s capitulation to the Obama Administration’s blackmail and urging the University to reject the new standards:

Some highlights: Continue reading

Three Republican Candidates: Gaffes, Disqualifications, Or Something Else?

shooting-yourself-in-the-footI felt badly about piling up three posts recently on unethical female Democrats running for office, and was inspired by the Washington Post’s Greg Sargent to do some analysis of Republican candidates who, at least according to Sargent, deserve equivalent criticism to what has been leveled at Alison Lundergan Grimes for refusing to say whether she voted for President Obama. [She did it again last night in her debate with Sen. McConnell.]

Sometimes finding Republican candidates who deserve an Ethics Alarms slap is hard, unless they say something bat wacky like, say, Richard Mourdock. If a Democrat is flagged by The Daily Beast or the Post, I can be pretty sure there was something said or done that was objectively troubling, because the mainstream media will bury anything from a Democrat that is vaguely defensible. A Republican, however, might be accused of certified insanity for a statement that offends progressive cant. Fox and many of the right wing websites, meanwhile, will ignore any Republican whose pronouncements don’t rise to “I am the Lizard Queen!” level of derangement, and will find fault with Democratic candidates on dubious grounds. Here are the GOP candidates for today’s ethics audit: Joni Ernst (U.S. Senate in Iowa); Tom Cotton (U.S. Senate in Arkansas); and Greg Abbott  (Texas Governor race): Continue reading

“CSI” Ethics: Now THAT Was An Unethical Fictional Lawyer…

CSIWow. That was one unethical lawyer on CBS’s “CSI” last night, and I mean even before we found out that he had stolen a vile of an Ebola-like virus and used it to murder a doctor, almost setting off a viral epidemic in Las Vegas. (Gee, I wonder where the writers got the idea for that story? See, we don’t have to argue about politicians causing panic over Ebola: the entertainment media is way, way ahead of them.) Among the lawyer’s ethical transgressions:

1. He set out to use his law degree to gain access, through employment, to a company he blamed for allowing a deadly virus to wipe out his family in South America. Needless to say, this is a blatant conflict of interest, indeed, the worst one for a lawyer I have ever heard of in fact or fiction. He wanted to represent a corporate client so he could destroy it.  This is a clear breach of Model Rule 1.7:

(b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(2) there is a significant risk that the representation of one or more clients will be materially limited by… a personal interest of the lawyer.

Now, that conflict could be waived if the client were fully informed of the fact that its lawyer wanted to destroy it, and the client didn’t mind. That seems unlikely to me.

2. When it looked like his murder was going to set off a deadly epidemic, the lawyer decided to let CSI know that his client the biotech firm had lied about none of its supply of the virus being missing. He knew it was missing, because he had stolen it. The failure of a lawyer to remedy a client’s lie to police about a crime isn’t unethical in a criminal defense setting, but it is unethical if the lawyer would be aiding in another crime by doing so, which was the case here. Moreover, he is involved in the crime, unknown to his client. This would be a disqualifying conflict even if the one described above didn’t exist.

3, He also has an obligation under the ethics rules (Model Rule 1.4) to inform his client about matters relevant to the representation that the client needs to know, like “By the way, about that missing vial of deadly hemorrhagic virus you don’t want to tell the police about? I took it.”

4. THEN, he surreptitiously taped an employee and representative of the company who thought he was also representing her (if he wasn’t, he has an ethical obligation to make that clear—it’s called a “corporate Miranda warning.”) While it is legal in Nevada to secretly tape a conversation you are participating in, it is virtually never ethical for  a lawyer to do this with a client (That’s misrepresentation, violating Rule 8.4 in Nevada) , who is assured that her communications with her lawyer will be privileged, and held in strictest confidence under the attorney-client relationship.

5. Now, if the reason for the lawyer making the recording and handing it over to Ted Danson had been what CSI first assumed it was—that he was trying to save lives in imminent danger and deemed the revelation of a client confidence the only way to prevent it—he would have some support in the ethics rules, for there is an exception to the duty of confidentiality that can justify that.*  That wasn’t his motive, however, at least not all of it. He was also trying to make sure that the company—his client, which he was trying to destroy in revenge for his family’s deaths—was blamed for the virus that he had released. He had no justification for violating Rule 1.6, which says that a lawyer must keep client confidences.

6. Also, since he was representing both the employee he secretly taped and the company itself, he would have been obligated to report what she told him—evidence of a crime implicating the company–to his corporate client before reporting it to authorities, so the corporate client could report the lost vial itself, or at least have that option. If the attorney was going to exercise the “death or serious bodily injury” exception, he needed to tell the client that, too.

Yes, this was a very unethical lawyer.

Then there was that killing part…

* There was no reason to make the recording at all. This was a lame plot manipulation by “CSI.” Danson and his team used the biological residue on the recorder to prove that the same person who made the recording also stole the vial. But the lawyer could have just told the police about what his client admitted regarding the missing vial. No recording was necessary.

So A Female Democrat Running To Be Governor Can Use A Former Domestic Abuser As A Spokeperson, But Feminists Would Revolt If A Pro Football Player Who Did The Same To His Spouse Was Allowed To Take The Field? Got it. Wait…No, I Really Don’t.

Go ahead, it's OK...he's a man, he probably deserves it.

Go ahead, it’s OK…he’s a man, he probably deserves it.

I realize that it seems like I am picking on women who are running for high office as Democrats: this is the third one within a week. It’s a coincidence, except that I have a growing suspicion that Democrats cynically sought out some female candidates for their gender and to hew to a theme rather than because they were especially well-qualified or even ready for prime time.

The current issue involves the Wisconsin governor’s race, where Mary Burke is opposing controversial, public union-battling GOP incumbent Scott Walker. Burke is running a 15-second pro-abortion ad (Walker is anti-abortion)  starring Erin Forrest,  the Jefferson County Democratic Party chairwoman. In 2013, Forrest — who then called Erin Sievert, was charged with two misdemeanor counts of domestic abuse, the first for battery and the second for disorderly conduct. In the criminal complaint, her husband said that she punched him in the eye and the groin, bit him on the shoulder, and ripped out one of his earrings. Prosecutors offered Forrest a deferred prosecution agreement in which she pleaded guilty to the charges in exchange for having them dropped later if she avoided further legal trouble and met other requirements. She did, and the prosecutors had the domestic violence charges dismissed as agreed.

Still, she agreed, by pleading guilty, that the charges were valid and described her conduct. This is far more than several of the NFL players currently losing millions of dollars and being pilloried in the media as violent lovers and vicious parents have done. Hmmm…..for which job is spousal violence more disqualifying? Throttling large athletes in armor who are paid to be clobbered and being a celebrated hero to sports fans, or being a women’s rights advocate, a role model for young women, and a representative of a candidate for Governor of Wisconsin? Continue reading

Ethics Observations On Wendy Davis’s Controversial “Wheelchair Ad” Attacking Greg Abbott

1. The campaign of Texas Democratic gubernatorial candidate Wendy Davis has issued an attack ad directly referencing gubernatorial rival Greg Abbott’s partial paralysis, and includes the image of an empty wheelchair. Davis could claim—and will, if she hasn’t already–that  the implication that his use of a wheelchair argues against his qualifications to be governor is inadvertent or imagined, except that her supporters were caught in a Project Veritas video mocking Abbott for his disability, and Davis has made gaffes relating to his handicap before, as when she said that he hadn’t “walked a day in her shoes.”

2. She is a member of a party with supporters in the media ready to pounce on any Republican who makes a similarly provocative reference to an opposing candidate’s race, religion, ethnicity, gender or “abled status.” The double standard is certainly a campaign boon to Democrats, but they have to take advantage of it a bit more subtly than this.

3. What is primarily wrong with the ad, however, isn’t the wheelchair, or the use of tactics that would called an appeal to bigotry if they were used by Republicans. It is that the arguments the ad seem to be making are stupid, unfair and wrong, and ones that Davis, who is a lawyer, must know are stupid and wrong, or she is stupid and wrong. Continue reading

A Judicial Jumbo!

Jumbo

To remind not-so-regular visitors here: a Jumbo is a special Ethics Alarms award for conduct that emulates the gag from the Broadway musical and film “Jumbo,” in which Jimmy Durante, as a circus clown trying to steal an elephant, is caught red-handed by a sheriff, and asked, “Where are you going with that elephant?” “Elephant?  What elephant?,” Jimmy replied.

Carl Knochelmann Jr is candidate for Kenton County Family Court Judge court judge in Kentucky. He also owes $2,886.54 in unpaid child support to the mother of his teenage son. He has been delinquent before: at various times a court has ordered him to pay overdue child support, including $9,632 in 2003. The current $2,886 amount dates back to 2008.

His opponent, seven-year incumbent Kenton County Family Court Judge Chris Mehling, said the back child support shows Knochelmann is unfit for a judgeship responsible for enforcing child support payments, among other things.

Ya think? Although I would imagine that he will wrap up the deadbeat dad vote. Continue reading

Ethics Hero: Judge Edward J. McCarthy

What this issue need is sunlight...

What this issue needs is sunlight…

As a parent of a former Russian orphan, I have been disturbed by the deterioration of the international adoption environment there and elsewhere. We have a son who was healthy from the start, and our adoption process, while chaotic (we were rushing against a deadline, as the Russian government was in the process of blocking all American adoptions), was handled openly and legally. Now my wife and I read about true horror stories involving abused children, cruel parents, and unscrupulous agencies and brokers here and in Russia. Except for the very worst cases, most of these never crack though the relative trivia on cable news.

In New York, a court has been ordered by a New York Judge, Edward J. McCarthy, to open proceedings about one such horror story. Adoption proceedings are always closed to the public and press, put the judge has ruled that these proceeding must be open, because… Continue reading

The Harvard Law Student’s Formula For An Ethical Life

Yes, I hate my job, and yes, my clients are the scum of the Earth, and yes, my life sucks. But think of all the kids I can help get de-wormed!

Yes, I hate my job, and yes, my clients are the scum of the Earth, and yes, my life sucks. But think of all the kids I can help get de-wormed!

When I heard about the Harvard Law Record’s essay by law student Bill Barlow titled “Want To Save The World? Do Biglaw,” I mistakenly  assumed that he had made a persuasive, or at least coherent, utilitarian argument. After all, some fairly distinguished blogs took notice, and set about rebutting him. I was shocked when I actually read the piece. From what I can tell, Barlow understands nothing he was writing about—not the profession of law, not charity, not careers, not values, not law firms, not ethics, not money, not life. Why is someone who thinks like this in law school? What are law schools accepting people capable of writing this? Why is Harvard allowing someone this naive and shallow to display a Harvard degree?

This is literally all there is of substance to the article:

“So there you have it—be a corporate lawyer, donate 25% of your post tax income to charity, and save 150 lives a year, or de-worm 25,000 kids.  Alternatively, go into Public Interest, Government, or Academia, and feel warm and fuzzy about yourself.  Sadly, when people at this school talk about public service, they mean the latter, rather than the former.  If only people applied the same amount of cognitive skill used in just one LSAT logic game to the most critical question of what to do with their law degree, hundreds of lives could be saved.”

Ugh. Where to begin? Continue reading

Now THIS Is An Abuse Of Police Power

The trooper is on to something...it is amazing how persuasive a sermon can be when it's backed up by a gun...

The trooper is on to something…it is amazing how persuasive a sermon can be when it’s backed up by a gun…

According to the complaint filed in a U.S. District Court, Indiana State Trooper Brian Hamilton stopped Ellen Bogan to give her a ticket,proceeded to grill her on whether she had yet accepted Jesus Christ as her savior, and then gave her a pamphlet to help her see the light.

Quite reasonably, Ms Bogan felt coerced and was ready to swear that she had the Bible tattooed on her back if hse had to get away from the Preacher Policeman After the prolonged stop, Trooper Hamilton said “God bless you,” which was nice, and then went on to find other motorists to proselytize at gunpoint.

This is what the First Amendment to the Constitution is concerned about when it prohibits the state from interfering with citizens’ free exercise of religion. It’s wonderful that Trooper Hamilton is a good Baptist and all, but he is in the wrong line of work, and needs to have a forced occupation change immediately. A badge doesn’t give him the right to use his authority as a police officer to bully motorists into endorsing his favorite brand of Christianity. In fact, the badge, the gun and the nature of his employer take that right away from him while he’s working.

__________________________

Pointer: Fred.

 

KABOOM!* Ethics Dunce: Larry Klayman of Judicial Watch Fame

warning-brain-explosion-zone

While we are on the topic of ridiculous ideas that are a waste of energy, pixels, and hot air:

Here’s a headline from the web:…not from 2009, but from today:

“Could Barack Obama Be Deported Over Using a Fraudulent Birth Certificate? Yes, Says Former DOJ Attorney”

This is of a piece with such headlines as…

“Can World Hunger Be Solved with Edible Cotton? Yes, An Expert Believes”

“Was George Washington a Martian? It’s Possible, Historian Claims”

‘”I Am Marie Of Rumania!’ Virginia Ethicist Declares After Latest Judicial Watch Effort Causes His Head To Explode, Killing Three”

What is the matter with Larry Klayman? The former head of Judicial Watch, the conservative public interest law firm that has occasionally broken through partisan government stonewalling, has jumped the shark for all time by filing what he calls a “deportation petition” against President Barack Obama, asking authorities to begin the process of removing Obama from the country. Continue reading