Law & Law Enforcement

Ethics Quiz! Richmond Law School’s “Cool” Ad: Lame, Deceitful…Or Just Advertising?

/ Jack Marshall / 7 Comments

Richmond ad Richmond-Law-ad

So, what do you think? Such esteemed legal commentators as TaxProf Blog and Above the Law have mocked and condemned the above Richmond Law School ad directed at law school applicants deciding where to plant their hopes. “The clubhouse leader for the lamest law school ad of 2013” snarked the former. “Calling it “lame” or “uncool” or “hackneyed” or any of the other words in the English language that denote a distinct inability to appear genuine or interesting doesn’t do the ad justice,” declared the latter. Then there is the little matter of puffery, which usually means deceit, spin, or exaggeration, except that in advertising such lies (for that is what they are) are mostly accepted as part of standard practice. That employment within nine months stat cited is dubious in the judgment of those who feel only legal jobs should count–apparently Richmond Law includes jobs where a JD is considered an asset, but the graduates are not working as lawyers. (On the other hand, almost every  job I’ve had since I graduated from laws school has been in the “JD advantage” category, and I’m satisfied with the results.) Continue reading →

The Persecution Of Justin Carter And The Consequences Of Fear-Mongering: If This Doesn’t Make You Angry, Something’s The Matter With You

/ Jack Marshall / 34 Comments

strike

Here I was, naively thinking that the threatened jailing of a student for resisting a teacher’s efforts to make him remove his T-shirt with the image of a rifle on it was the most shocking proof of how imperiled free thought and expression are in today’s fearful, dim-witted and child abuse-rationalizing America. Then this jaw-dropping story came across my screen, and I realized that the situation is far worse than I imagined or could imagine—and I have a pretty good imagination.

Now the question is, I think, this: what are we going to do about it?

Nineteen-year-old Justin Carter has been in prison since March. You will not believe why, or perhaps, being both paranoid and right,  you will. A Facebook friend and video game pal described him in an exchange as “crazy” and “messed up in the head,” and Carter replied, with sarcasm detectable by anyone who isn’t an SS officer. “Oh yeah, I’m real messed up in the head, I’m going to go shoot up a school full of kids and eat their still, beating hearts. lol. jk.” A Canadian busybody read the exchange, and decided to report Justin to the Austin police, who then arrested him–he was 18 at the time—searched his family’s house, and charged him with making a “terroristic threat.” Continue reading →

Trayvon Martin Ethics Trainwreck Update: The Cameras And Reporters Should Be Kicked Out Of The Zimmerman Courtroom

/ Jack Marshall / 34 Comments

From Mediaite:

CNN“While carrying the George Zimmerman murder trial live this afternoon, CNN accidentally broadcast the defendant’s full social security number, home address, and phone number on national television.

“Sanford police detective Doris Singleton was in the midst of testifying about her interview with Zimmerman following his detention when the prosecuting lawyer pulled up a copy of the “narrative report” for the court to view. The court video feed then showed, in close-up, as the lawyer zoomed in on Zimmerman’s personal information.”

Unbelievable.

Sorry, sensational trail fans, but that should be it. Our careless, incompetent news media can’t be trusted to place cameras in the courtroom and protect the rights of the participants and the integrity of the justice system. Vigilantes and crazies mean to harm George Zimmerman and maybe anyone who dares to support him. Within minutes of CNN’s mistake, Twitter was alive with nasty tweets from many of these hateful and ignorant people, and there surely are many more. That CNN would blunder this badly is proof that the news media can’t be trusted.

The next best response by the judge would be to toss just CNN out, but realistically that network is no less trustworthy than any other. There should have been protocols and fail-safe measures in place to prevent a breach of Zimmerman’s privacy to this extent. Broadcasting a defendant’s social security information is strike one, two and three. The news media is unprofessional and negligent.

Kick them all out.

___________________________

Facts: Mediaite

 

Are Republicans Really Opposing The Senate Immigration Reform Bill Because They Fear The New Americans Would Be Democrats?

/ Jack Marshall / 21 Comments

If they think like Ann Coulter, they do.

And that is disgusting.

Lookin' good Ann! And talking bad...

Lookin’ good Ann! And talking bad…

I’m sure Coulter has written in the same vein, but I refuse to read her sometimes amusing but uncivil rants—and they are all rants. Caught in a traffic jam on Route 50 in Arlington, however, I heard her verbal rant on Sean Hannity’s radio show, and of course Sean aped her sentiments, which are roughly these:

It’s outrageous and stupid for Republicans to support a path to citizenship for illegal immigrants who are already here, because they and their relatives will all vote Democratic, and within ten years, that will mean that GOP will never win another election.

The short answer to this is: So what?

So what if the new American don’t like the Republicans? That is not a reasonable, fair or ethical reason to withhold a path to citizenship, if a path to citizenship is the best and fairest course for all concerned. I thought that the conservative objections to “amnesty” were principled, and based on the rule of law: it’s wrong to allow scofflaws and cheaters to benefit from their wrongdoing. That would be true if every single former-illegal was a Ronald Reagan worshiper, and a group as dedicated to principle as the opponents of so-called immigration reform claim to be would oppose giving potential Republicans an un-earned pass to the voting booth as vociferously they would block an illegal immigrant Hillary Fan Club.

Is this really all that the opposition amounts to ? A self-serving effort to avoid adding votes to the Democratic column? Continue reading →

The Progressives’ Attacks On Shelby County v. Holder: Unethical and Ominous

/ Jack Marshall / 67 Comments
How DARE the Supreme Court not defer to Congressional judgment when it knows Congress is incapable of competent decision-making!

How DARE the Supreme Court not defer to Congressional judgment when it knows Congress is incapable of competent decision-making!

After reading more of the hysterical, sneering attacks on the Supreme Court’s decision in Shelby County v. Holder, I have concluded that I initially neglected to recognize the deep bias and contempt for basic rights that underlie them. The critics have no legitimate arguments to support allowing the current formula set out in the Voting Rights Act to continue, except that they believe trampling on innocent citizens’ rights is acceptable government practice if it makes the civil rights establishment happy, and allows the myth to be perpetuated that Republicans sit up late at night trying to figure out ways of stopping blacks from voting. “It may be unconstitutional, but it works!” is the best of their claims, a pure embrace of that hallmark of corrupted ethics, the ends justify the means. Note that this is also the justification being offered by the Obama Administration for drone strikes, PRISM, and tapping the phones of reporters. This isn’t an argument but a philosophy, and one that is offensive to core American values.

The Times, no longer the premiere news source in the country but certainly the premiere Democratic Party ally masquerading as a news source, clinched it for me. In its scathing editorial condemning the decision, the only arguments it could come up with were… Continue reading →

Shelby County v. Holder: Inflammatory Rhetoric, Biased Reporting, Irresponsible Hyperbole

/ Jack Marshall / 98 Comments

 

The Supreme Court rules that it's not 1965 any more. The Horror....

The Supreme Court rules that it’s not 1965 any more. The Horror….

Sometimes one would think that the left-tilted media and the race-grievance industry is conspiring to divide America. Sometimes, one would be right, and such a time was the disgraceful and misleading reporting of the Supreme Court’s 5-4 ruling in Shelby County v. Holder, followed by apocalyptic and fear-mongering cries of outrage from Democrats, whose characterization of both the decision and its meaning were not just wrong, but dishonest and irresponsible.

The decision did not “gut” the 1965 Voting Rights Act as several news sources stated, nor strike at the “heart” of it, as the New York Times, editorializing in its headline, told readers (quoting Bill and Hillary Clinton), nor  did the Supreme Court “reset” the “voting rights fight,” as USA Today headlined the decision. There is no dispute, or “fight,” over whether minorities should have the right to vote (Really, really unethical headline, USA Today…)  Nor did the ruling “turn back the clock,” as multiple critics claimed. The latter was an especially Orwellian description, given that what the decision really did was insist that a clock that had been stopped for 40 years finally be set to reflect the passage of time. Continue reading →

The Illegal Immigration Bill: A 37 Year Ethics Train Wreck Rumbles On, With No End In Sight

/ Jack Marshall / 33 Comments

trainwreck6

The details of the “immigration reform bill” moving through Congress like a water buffalo through a snake are less important than the fact that some action is being taken regarding a problem that has been cynically, incompetently, dishonestly and negligently allowed to fester since the last illegal immigrant accommodation law was passed in 1986. This is one of the rare cases in which doing almost anything is more responsible than doing nothing, and that is the beginning and the end of the list of the bill’s virtues. This is an ugly ethics train wreck  in which there are no heroes, only dunces and villains. There may be a worse one, but at the moment, I can’t think of it.

The 11,000,000 or more illegal aliens in this country have to be given some way to attain citizenship and get out of the shadows. That is an unavoidable, pragmatic reality, the best of a stinking pile of unethical options. All the rationalizations for doing this are unethical, except one: they are here, we allowed them to get here and allowed them to stay, and now we are out of choices. It’s our fault, which is to say our incompetent, irresponsible government’s, and now we have to swallow hard and accept the consequences. Continue reading →

Ethics Quote of the Week: Phyllis McGinley (1905-1978)

/ Jack Marshall / 9 Comments

The Angry Man

The other day I chanced to meet
An angry man upon the street —
A man of wrath, a man of war,
A man who truculently bore
Over his shoulder, like a lance,
A banner labeled “Tolerance.”

And when I asked him why he strode
Thus scowling down the human road,
Scowling, he answered, “I am he
Who champions total liberty —
Intolerance being, ma’am, a state
No tolerant man can tolerate.

“When I meet rogues,” he cried, “who choose
To cherish oppositional views,
Lady, like this, and in this manner,
I lay about me with my banner
Till they cry mercy, ma’am.” His blows
Rained proudly on prospective foes.

Fearful, I turned and left him there
Still muttering, as he thrashed the air,
“Let the Intolerant beware!”

— Poet Phyllis McGinley, quoted in the comment thread on the Volokh Conspiracy’s post about the Supreme Court decision this week in Glowicki vs. Howell Public School District. Continue reading →

Slate Gives Us A Lovely Example Of Deceit

/ Jack Marshall / 29 Comments

Deceit_Cvr_CMYK

Thanks, Slate!

A lot of people have trouble with the concept of deceit, which is the intentional use of apparently true statements to deceive. Now I have a wonderful example to give them, thanks to Slate’s use of the most sneaky of lies as its recent contribution to the Post Sandy Hook Ethics Train Wreck, Media Anti-gun Propaganda Division.

Slate compiled a list it called “How Many People Have Been Killed By Guns Since Newtown,” and illustrated it with an “infographic.” The list was widely used in the current “those crazy Republican gun nuts have blood on their hands” campaign led by the President, the Vice President, Mayor Bloomberg and others.  The list is unreliable, however, as an advocacy device, since one of the names it includes is Boston Marathon terrorist Tamerlan Tsarnaev, killed in a shootout with police. How many other gun casualties are on the list that are perfectly justified, legally and ethically, unless one is an anti-gum absolutist who thinks neither the police nor other law enforcement should have access to firearms either? Quite a few, it turns out.

The only explanation for including Tsarnaev (and the others) is to mislead the public and inflame fear and passion by maximizing the raw number of names on the “shooting death list.” Yes, this is literally an accurate (I guess) list of every gun death since Newtown, but if the purpose of the list is to dramatize the need for anti-gun measures in the wake of the Sandy Hood shooting, why is a Boston Marathon child-killer on the list? What does his death have to do with the defeat of gun-control legislation in the Newtown aftermath, or the Newtown massacre generally? Nothing…except that it inflates the number, to be used in fear-mongering and misrepresentation. And that is exactly how Slate’s list is being used…as if it didn’t know. Those defeated, Newtown-inspired anti-gun measures would not have have saved the terrorist, nor does anyone sane wish they could have. Continue reading →

Superhero Ethics: The Duty To Rescue

/ Jack Marshall / 12 Comments
Which is the cold, calculating, utilitarian face?

Which is the cold, calculating, utilitarian face?

In the new Superman film, Supie fails to rescue an important character in distress after the character requests that he allow him to perish.

Lawyer and superhero obsessive James Daily, co-author of “The Law and Superheroes” and the Law and the Multiverse blog, has taken to his keyboard to examine whether the transplanted Kryptonian had a legal duty to rescue the victim anyway.

His conclusion, and the law’s, is no. Daily writes,

“People are sometimes surprised to learn that, by default, there is no obligation under American law to help or rescue other people…Even “Good Samaritan” laws do not create an obligation to act as a Good Samaritan, but instead only encourage such acts of kindness by shielding some would-be rescuers from legal liability if they accidentally end up hurting rather than helping the victim. This “American rule” (not to be confused with the American rule for attorneys’ fees) applies even when a life could be saved with the most minimal of effort. As a result it has been called “morally repugnant” and “revolting to any moral sense,” but it is nonetheless the law in most states….” Continue reading →