Comment of the Day: “From ‘Psychology Today’: How To Be A Better Liar—And A Negligent Endorsement Of Deceit”

Every adult a lawyer: the politician's worst nightmare!

Every adult a lawyer: the politician’s worst nightmare!

The second Comment of the Day comes from Australia, as zoebrain flags an excellent example of deceit at work, in her comment to my post about the dangerous tendency to regard deceits as less unethical than straightforward lying, and yes, that’s quite an oxymoron.

One of the many points of contention between me and the lawscam crowd is that many of the aggrieved out-of-work and under-employed lawyers only obtained their law degrees as a means to achieve what they believed were guaranteed riches, and thus feel cheated that the current economic mess has shown that to be a false assumption. I, in contrast, assert that a law degree pays for itself over a lifetime regardless of whether or not it leads to well-compensated employment as a lawyer, and one of the reasons is that legal training inoculates you against the deceit of others. If nothing else, law students learn to pay attention to what words really mean, making it much harder for masters of deceit to fool them with carefully chosen weasel words. A nation of citizens trained in the law would not so easily fall victim to the deceit of politicians, those who peddle bad loans and investments, weight loss scams (“results not typical!”) and the predations of other con-artists….including, sadly, other lawyers.

Here is zoebrain’s Comment of the Day on the weekend’s post, “From ‘Psychology Today’: How To Be A Better Liar—And A Negligent Endorsement Of Deceit”:

“Here’s an example for you: testimony in an Australian Senate inquiry on same-sex marriage”:

Senator Pratt: But what if someone is of indeterminate gender? I am unclear whether they should have the right, according to the way you would argue it, to be part of such a union.

Mr Meney : People suffering from Turner syndrome, Klinefelter syndrome and things of that ilk are typically infertile or regarded as being mentally handicapped in some way. Many things about marriage require people to have the capacity to consent to what marriage is all about, so a significant mental incapacity might be something that might mitigate against a person being able to consent to a contract of marriage. But that is true of any marriage.

Every word true, as befits testimony from the Director of the Life, Marriage & Family Centre, Catholic Archdiocese of Sydney.

“Although they are not mentally retarded, most XXY males have some degree of language impairment. As children, they often learn to speak much later than do other children and may have difficulty learning to read and write.”

——Understanding Klinefelter Syndrome — National Institute of Child Health and Human Development.

“Mental retardation is not a feature of Turner syndrome, despite such claims in older medical textbooks. Thorough psychological studies show that these women are normal intellectually, but often have a characteristic pattern of intellectual functioning. While their verbal 10 usually is average or above, their non-verbal IQ may be considerably lower because of problems visualizing objects in relation to each other. This difficulty may show up in poor performance in math, geometry, and tasks requiring manual dexterity or sense of direction.”

—–Turner Syndrome — Human Growth Foundation.

He didn’t lie: it’s true that “People suffering from Turner syndrome, Klinefelter syndrome and things of that ilk are typically … regarded as being mentally handicapped in some way.” They’re not, of course, as he well knows, but that’s not what he said, is it?

That was his defense when the Organisation Intersex International took him to task for this. He didn’t actually lie. As a good Catholic, he wouldn’t do that – it would be a sin.

______________________________

Graphic: Financial Post

Abuse Is Abuse, And Gender Is Irrelevant

"Oh, man up! What are you afraid of? "

“Oh, man up! What are you afraid of? “

28-year-old Ivan Brannan Jr. has filed battery charges against his former girlfriend, perpetually troubled ex-tennis prodigy Jennifer Capriati, who is now 36. He claims she has been stalking him, and that she recently punched him several times in the chest.

What is notable, though not surprising, is how many commenters on sites covering the news item have reacted by pronouncing Capriati’s alleged victim a wimp and a weenie. “He should turn in his man card,” sniffed one.

Wrong.

Female on male spousal and companion abuse is neither rare nor harmless, but it is one of the most unreported crimes. That sexist, ignorant attitude is why. Society’s justified concern for violence against women leaves men with the presumed physical superiority and monopoly on aggression. As a result, shame, fear of ridicule and self-doubt cause many, and probably most abused men to tolerate without reporting levels of physical punishment that would be regarded as serious and criminal if the genders were reversed. The unsympathetic reaction of Brannan’s crtitics leaves him with the bad choice of accepting the violence and the worse one of escalating it and fighting back.

We don’t know Capriati’s side of the story yet, but if she did punch Brannan, she is capable of doing some real damage. Strength and muscularity were her trademarks on the tennis court. Whatever the physical abilities involved, however, female on male violence should be treated exactly like the reverse, and if his complaint is valid, Brannan deserves thanks and credit for bringing this unfair double standard into the spotlight.  He does not deserve to be insulted.

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Source: CNN

Graphic: Girls With Muscle

Ethics Dunce: Nicollet County Attorney Michelle Zehnder Fischer

Yes, this is certainly a good use of time, money, and public opprobrium.

The evil miscreant, facing her just desserts!

The evil miscreant, facing her just desserts!

An 86-year-old woman in Minnesota, Margaret Schneider, admits that she voted twice in a primary election, and attributes it to confusion, a memory lapse (she may have early dementia), and maybe believing that her later vote would cancel out her earlier one. The local Jaubert, prosecutor Michelle Zehnder Fischer, is bringing felony charges against Margaret, supposedly because a statute requires her to do so or risk misdemeanor charges herself.

Did I mention that Margaret, in addition to being 86 and having cognitive issues, suffers from Parkinson’s? Throw the wily old bat in the clink!!!! Continue reading

“Beyond the Myth”: Disturbing and Revealing Lessons About More Than Pit Bulls

Beyond the Myth

“Beyond the Myth” is a 2012 documentary that provides a vivid, troubling and often moving account of “breed specific legislation” in the U.S., which primarily involves states and municipalities banning “pit bull-like dogs,’ a.k.a. “vicious dogs,” though the dogs such legislation targets are usually not vicious and often are not even pit bulls.  If you are one of the misinformed who have been convinced by biased reports and public hysteria that pit bulls are any more dangerous or vicious than any other breed, you owe it to yourself, your children, and the dog owners in your community to watch this film, which is available on Netflix.

Long-time readers of Ethics Alarms know that the site has visited the issue of anti-pit bull cruelty and bigotry frequently, most recently here. For those who have read and absorbed what I have written and the references I provided, there will be much that is familiar in “Beyond the Myth,”; nevertheless, I found the documentary shocking. I had no idea how pit bull bans worked in cities like San Francisco and Miami, with Gestapo-like raids on private homes culminating in harmless and beloved family pets being confiscated and slated for death if a police officer concluded that they have “5 out of 8” physical traits identified with pit bulls. Nor was I aware of how many of these dogs were being euthanized—tens of thousands every year—for being born with a broad  head or a deep chest that meant they were legally branded as “vicious.”

The stories of the individual dog owners who have organized, lobbied, sued, and in some cases had to move out of their homes to protect a loving canine companion are also inspiring, if astounding. Wounded veterans have even had their service dogs taken from them. The most illuminating aspects of the documentary, however, are: Continue reading

The Glenwood Gardens Incident: A Duty To Rescue, Policy Or Not

"Here at Glenwood Gardens, our residents understand that our crack staff will allow them to die on the floor without lifting a finger."

“Here at Glenwood Gardens, our residents understand that our crack staff will allow them to die on the floor without us lifting a finger.”

Once again, we consider the ethical duties of someone placed by fate and circumstance in a position to give life-saving service…and who refuses to do so.

Lorraine Bayless,  87 year-old resident of Glenwood Gardens, a Bakersfield, California senior living facility, collapsed on the dining room floor, not breathing, her life obviously in danger.  A Glenwood Gardens staff member who identified herself as a nurse called 911, and this exchange ensued…

911 Dispatcher: “This woman’s not breathing enough. She’s gonna die if we don’t get this started. Do you understand?”

Nurse: “I understand. I am a nurse. But I cannot have our other citizens, who don’t know CPR, do it … ”

Dispatcher: “Is there anyone that works there that’s willing to do it?”

Nurse: “We can’t do that.”

Dispatcher: “Are we just gonna let this lady die?”

Nurse: “Well that’s why we’re calling 911.”

Dispatcher: “Is there anyone that’s willing to help this lady and not let her die?”

Nurse: “Um, not at this time.”

The 87-year-old was declared dead at the hospital. Continue reading

Georgetown Law Center and The Case Of The Double-Crossed Donor

Sometimes those naming deals backfire, you know?

Sometimes those naming deals backfire, you know?

Scott K.  Ginsburg, a media mogul who got a J.D. from Georgetown Law Center in 1978, had been wooed by the school’s development team for a major gift when he was riding high, amassing billions in the 1990s. He agreed to contribute some pocket change–five million bucks—to build a new fitness center that would bear his name. The deal was put into writing, and the University issued a cheerful press release. Then, in 1999, shortly after the agreement was reached,  the Securities and Exchange Commission filed suit against Ginsburg, accusing him of passing along inside information to his father and brother. A jury agreed with the SEC, and he was orderedto pay $1 million in fines. After a flurry of appeals, the verdict stuck. (NOTE: In the first version of this post, I implied that this was a criminal case. It wasn’t: this was a regulatory lawsuit, and a civil verdict. A dumb error on my part, and I apologize to readers and Mt. Ginsburg for the misinformation.)

While all of this was going on, the Law Center, understandably, got nervous. Although Ginsburg was not a practicing attorney at the time, law schools don’t like having facilities named after grads who have been found to have violated laws or regulations in high-profile cases. In 2002, then-Georgetown Law Center Dean Judith Areen sent Ginsburg a letter thanking him for his support but also asking to revise the agreement, eliminating the promise of naming rights.  Areen said the school would find some way to “honor your gift without generating negative media coverage.”  Ginsburg, however, refused to sign on. As the years went by and the school continued to promote his gift as enticement to other donors as well as hitting him up for more money, he assumed the Scott K. Ginsburg Health and Fitness Center was under construction. There’s a fitness center, all right, on the GULC campus, but Ginsburg’s name isn’t on it. Now he is suing the Law Center, alleging that it reneged on the deal. Continue reading

Ethics Dunces: The Hugo Chavez Fan Club (Michael Moore, Sean Penn, Rep. Jose Serrano (D-NY), Oliver Stone and Joe Kennedy III

"We love you Hugo, we really do-oo! There isn't anyone, we love like you-oo! When you're not with us, we're blue! Oh, Hugo, we love you!"---From the new musical, "Bye-Bye Chavez," written by Oliver Stone, starring Sean Penn!

“We love you Hugo, we really do-oo! There isn’t anyone, we love like you-oo! When you’re not with us, we’re blue! Oh, Hugo, we love you!”—From the new musical, “Bye-Bye Chavez,” written by Oliver Stone, starring Sean Penn!

What do we learn from those who mourn the passing of Venezuelan autocrat Hugo Chavez and praise his leadership? Chavez leaves his nation with a corrupted judiciary, an intimidated and manipulated press, a soaring violent crime rate, massive debt, crumbling infrastructure, galloping inflation, government-sanctioned anti-Semitism, and the prospect of political instability for the foreseeable future. When we hear an American praise Chavez, we learn that he or she neither trusts or values the institutions of democracy, like a free press and independent judiciary. We learn that such an individual believes that indeed the ends justify the means; that lies, repression, manipulation of news and public opinion, cultism, divisiveness and class warfare are all forgivable and even laudable in pursuit of “social justice,” roughly defined in the manner of Lenin, Stalin, Mao and Castro, murderers all. Continue reading

In Connecticut, A Surrogate Mother Triggers An Epic Ethics Train Wreck

Crystal Kelley and...somebody's baby

Crystal Kelley and…somebody’s baby

There is no field of ethics more murky or subject to conflicting interpretations than bioethics, and few issues in bioethics are as confusing as those involving surrogate mothers who decide that they should have some say regarding the fate of the child that grows in their bodies. CNN has reported on the most perplexing such scenario I’ve every encountered, so perplexing that I can’t unravel the ethical rights and wrongs of it.  I wonder if anyone can with confidence. I’ll just summarize the main features and some of the issues raised; you will need to read the whole, stunning story to fully appreciate this train wreck’s sweep and carnage.

I. Crystal Kelley, a single mother who had endured two miscarriages, wanted to help another couple conceive, but mostly wanted the $22,000 fee since she was out of a job. She contracted with a couple seeking their fourth child, and was implanted with two previously frozen embryos. One survived. Ethics issue: Did Kelley tell the parents about her miscarriages?

2. Five months into her pregnancy, tests showed the baby Kelley was carrying had serious medical problems, though the child had a chance at survival. The couple said that they wanted Kelley’s pregnancy terminated because they didn’t want the baby to suffer. Ethics issues: Is that a valid reason to take an unborn child’s life? Was it the real reason? Was the real reason that they were unwilling to pay for and endure all the necessary medical treatmenst, or that they wanted nothing less than a “perfect” baby? Does it matter what the real reason was? Continue reading

Ethics Hero: Ken At Popehat

Don't look under that federal prosecutor's bag!

Don’t look under that federal prosecutor’s bag!

Not for the first time by a longshot, lawyer/First Amendment warrior/blogger Ken at the sui generis blog Popehat has earned an Ethics Hero award. This time, his achievement included:

  • Recognizing the widespread perpetration of a double standard that cannot be justified
  • Opposing it, though the legal and journalistic establishments are firmly on the other side, and
  • Remedying the immediate situation through his own efforts.

That’s a good year for most bloggers.

Ken was responding to a story that was widely publicized. Justice Sotomayor  had taken the unusual course of writing a separate opinion as she and her colleagues denied cert (that is, refused to take an appeal) in the case of Bogani Charles Calhoun v. United States, using it to condemn what she called the racist tactics of a federal prosecutor. Among her comments, she wrote, sharply, Continue reading

Ethics Dunce: Florida Highway Patrol

Huge Manatee

Do you recall the post last week about the brain-dead reaction of various website commenters to the Florida arrest prosecution of a man for harassing a manatee?

If they had been commenting about this incident, they would have been on firm logical and ethical ground.

Anthony Brasfield and his girlfriend shared a carefree, romantic interlude one Sunday morning in the parking lot of the Motel 6 on Dania Beach Boulevard, as they released a dozen red and silver mylar heart-shaped balloons and watched them rise, up, up, up into the air, then slowly float away, high and far, until they became tiny specks against the blue. They squeezed each other’s hands, smiled, and…got arrested by a Florida highway patrol state trooper on the spot.

Brasfield was charged with the environmental crime of helium pollution, under the Florida Air and Water Pollution Control Act.Aggravating the offense apparently was the fact that endangered marine turtle species and birds make their abode in John U. Lloyd State Park, about 1.5 miles east of the motel. The third-degree felony is punishable by up to five years in prison. Continue reading