Ethics Quiz: Developing A School Anti-Violence No-Tolerance Insanity Scale

More deadly than a spit-ball? Less threatening than a pizza?

More deadly than a spit-ball? Less threatening than a pizza?

The latest example of mind-numbing school no-tolerance hysteria comes from rural Pennsylvania, where a kindergarten student has been suspended for threatening to shoot another student with a pink Hello Kitty bubble gun. I confess that I have nothing new to say about this idiotic and cruel incident that I haven’t said before about, say, the school principal who attempted to punish a 4th grader in 2010 for playing with a LEGO figure who was carrying a two-inch LEGO “gun”:

“The ethical duty being violated here, along with the ethical values of fairness, prudence, proportion and respect, is competence. A school administrator who does something like this is not competent, and any school system that gives such a person responsibility for the education of young children is also incompetent.”

…Or about the school administrators that punished a 10-year-old who had bitten a slice of pizza into the shape of a gun, an incident that admittedly sent me over the edge when I wrote:

“This is the Apocalypse, the bottom of the barrel. This disgraces teachers, schools, administrators, the U.S. educational system, America and the human race. Incompetence, unfairness, abuse of power, irresponsible behavior and stupidity, all flowing from a system that has lost its way and is in despair. We are officially in the Twilight Zone, Bizarro World, Cloud Cuckoo Land, and Oz, all to the detriment of our poor students, needing an education, and encountering only rigidity, cowardice and foolishness.”

In the wake of Newtown, however, with supposedly responsible elected officials running around making absurd statements about how we have to choose between the Second Amendment and “saving our children,” the entrenched no-tolerance fanaticism in the schools has become more virulent and widespread, though it could not have become more damaging, irresponsible or stupid than the pizza episode. Continue reading

Ethics Thought Experiment: Let’s Play “What If?”

"This SWAT gag is, like, hilarious, Kendall!"Totally, Kylie. Hey, look! They just shot Khloe!""Awesome!!!"

“This SWAT gag is, like, hilarious, Kendall!
“Totally, Kylie. Hey, look! They just shot Khloe!”
“Awesome!!!”

“Swatting,” the ultra-vile and dangerous “joke” in which someone falsely calls down a SWAT team on a household that is neither in peril or threatening it, is seriously and criminally wrong—even when the victims are the almost as vile, if not necessarily dangerous, Kardashian family. The victims of a “swatting prank” yesterday, the rich, spoiled, vulgar and useless reality show family immediately reminded us of why someone might be moved to swat them by making a big joke out of the whole thing, or at least the younger generation of Kardashians did. I don’t know about you, but I can’t wait until sisters Kendall and Kylie Jenner are posing in obscenely tacky and expensive boob-exposing outfits while having inane and semi-grammatical conversations on their own E! reality show. SWAT me now, Lord!

But let’s not talk about how unethical swatting is, which is obvious, or how depressing the celebrity of the Kardashians is, which is makes me want to stick my head in a fryer. Let’s muse on what will happen if and when one of these swatting incidents leads to an exchange of gunfire—perhaps because a Second Amendment enthusiast is convinced that President Obama is making his big move to enslave the populace, and by God, he’s not going down without a fight. Let’s also muse on what will happen if that exchange of gunfire results in the deaths of one or more children. Just to make sure something happens in our hypothetical, let’s stipulate that the dead children are white, cute, and recently recorded a tear-inducing video urging world peace and racial harmony. Continue reading

Now THAT’S An Unethical Lawyer!

Even Arnie didn't try THIS...

Even Arnie didn’t try THIS…

It’s bad enough that Minnesota lawyer Thomas P. Lowes had sex with his divorce client. That’s explicitly forbidden since Minnesota adopted ABA Model Rule 1.8 k, what “L.A. Law” fans fondly refer to as “the Arnie Becker Rule.” Not professional, exploits the relationship, interferes with independent judgment, a conflict of interest, you know, all that stuff.

But Lowes went a step further, and set some kind of a new record for…

  • gall,
  • unreasonable billing practices (ABA Rule 1.5)
  • inflated self image, or
  • always working on the case, no matter what, OR
  • …mixing legal work with prostitution.

…by charging his client/lover/sex toy his hourly fee for the time they spent having sex!

Continue reading

At Last! The Ultimate Naked Teacher Principle Episode, Otherwise Known As “Hey, Isn’t This A Photo Of Miss…HOLY CRAP!!!”

Stacy and Tiffany, together again.

Stacie and Tiffany Six, together again.

I’ve been writing about various manifestations of what I dubbed years ago “the Naked Teacher Principal” for a long time. The principle, based in accountability and responsibility, holds that once a teacher has allowed naked or otherwise sexually provocative photographs of herself or himself to become available over the internet, that teacher will be unable to properly maintain the respect of and proper professional relationship to students, serve as a role model, or be trusted to meet professional standards. Such a teacher will have no ethical defense when he or she is fired.

Variations and near-variations have ranged from the teacher whose room mate posted household photos of the teacher doing household chores in the nude, to the teacher who wrote sexually-explicit novels about werewolves, to the art teacher whose avocation of painting pictures with his genitals was revealed in an online sequence showing him doing so with a paper bag over his head.

Now at last we have a former porn star variation, and the NTP has been upheld. Continue reading

Ethics Quote of the Day: Blogger Jeff Dunetz

“One thing the POTUS missed…there is no executive order preventing the Federal Government from selling weapons to Mexican Drug Cartels…everyone would support that one.”

—- Jeff Dunetz on his blog “The Lid,” criticizing President Obama’s list of 23 Executive Orders as “a pile of nothing.”

Obama And Biden Unveil Proposal To Decrease Gun Violence In U.S.There was a lot to dislike about today’s cynical exercise by President Obama on the topic of gun control. I already mentioned, in a post yesterday, its offensive exploitation of young children as props. James Taranto visited that issue today in his “Best of the Web,” pointing out the hypocrisy of White House spokesman Jay Carney going into high dudgeon and attacking the NRA for alluding, in a recent advocacy ad, to the fact that the President sends his own children to a private school that employs armed guards, and that his daughters are the beneficiaries of armed protection from the Secret Service. Said Carney:

“Most Americans agree that a president’s children should not be used as pawns in a political fight. But to go so far as to make the safety of the President’s children the subject of an attack ad is repugnant and cowardly.”

Taranto, who does not agree with NRA’s reasoning in the ad, writes of today’s White House performance,

“If the president wants his critics to refrain from even indirectly referring to his daughters, he ought to stop exploiting ordinary people’s children in this manner. Even if the NRA missed the mark in accusing him of elitist hypocrisy over school guards, his display today makes him a fair target for such a charge.”

Yup. Continue reading

What An Untrustworthy National Media Has Brought Us To: The Sandy Hook Truthers

One big wedge is missing.

One big wedge is missing.

Until recently, I was happily unaware that an active conspiracy theory has metastasized around the Sandy Hook Elementary shooting, what can be thought of as the soot and sludge of the still-rolling ethics train wreck created by that tragedy, except that this is unfair to soot and sludge. The internet is abound with theorists, including at least one professor, who believe that the shooting was an elaborate hoax, possibly engineered by the Obama administration to facilitate gun confiscation and the repeal of the Second Amendment.

In a recent incident reported by Salon, a Newtown man who sheltered some students from the school after the shooting has been relentlessly harassed by Sandy Hook Truthers who have accused him of being part of the government plot. Continue reading

“Lance Armstrong and the Cheapening of Indignation”

At NPR, Linda Holmes writes about  a little noted reason why Lance Armstrong is particularly despicable, and why the manner of his dishonest denials were especially harmful. You can read it here.

Author (NOT Lawyer) Elizabeth Wurtzel’s Careless Aspirations

Well, she sure doesn't look like any lawyer I know...

Well, she sure doesn’t look like any lawyer I know…

The acclaimed author of “Prozac Nation” and “Bitch” graduated from Yale Law School while trying to figure out what she was going to do with her now rich and famous life. Elizabeth Wurtzel has yet to pass the NY bar exam successfully, however (she’s taken it at least once), which means she is not admitted to practice there or anywhere. Nonetheless, based on the fact that she was working as a paralegal at a law firm, Wurtzel gave an interview in which she arguably described herself as “a lawyer.”

This may not seem like a big deal, but it is. As discussed in the posts about Elizabeth Warren’s mysterious professional status, the unauthorized practice of law (UPL) is taken very seriously in the legal profession, and representing yourself as a lawyer when you aren’t is often enough to cross into UPL territory. Above the Law contacted two worthy legal ethics scholars who agreed that this did not constitute a professional ethics violation—that is, an inaccurate and sloppy remark in an interview, not designed to deceive, would not cause her trouble with the bar should she ever pass that pesky exam. A professional ethics violation is one that calls into question a lawyer’s integrity, honesty and trustworthiness sufficiently to raise questions about whether that lawyer should be allowed to practice law. The profs (Steven Lubet and Stephen Gillers) are right that Wurtzel’s puffery doesn’t reach that level. Continue reading

Dangerous Messages: Excusing Aaron Swartz, and the Unethical Non-Prosecution of David Gregory

brass_scales_of_justice_off_balance

To  no one’s surprise, District of Columbia attorney general Irving Nathan announced that he will not be prosecuting NBC’s “Meet the Press” host David Gregory for a clear, intentional and unequivocal violation of a D.C. law on national television. In so doing, Nathan sent the District, the nation and the public a package of unethical and damaging messages, perhaps the least significant of which is that the District of Columbia’s chief lawyer is just as ethically flawed as the rest of its government.

In his letter to Gregory’s attorney, which you can read in its entirety here, Nathan said:

  • “The device in the host’s possession on that broadcast was a magazine capable of holding up to 30 rounds of ammunition. The host also possessed and displayed another ammunition magazine capable of holding five to ten rounds of ammunition…It is unlawful under D.C. Code Section 7-2506.01(b) for any person while in the District of Columbia to “possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm” or loaded. Under the Subsection, the term “large capacity ammunition feeding device” means a “magazine, belt, drum, feed strip or similar device that has the capacity of, or that can be readily restored or converted to accept more than ten rounds of ammunition.” Under D.C. Code Section 7-2507.06, any person convicted of a violation of this Subsection may be imprisoned for not more than one year, fined not more than $1,000.”
  • “The larger of the two ammunition feeding devices in question here meets the definition under the statute. OAG has responsibility for prosecuting such offenses and takes that responsibility very seriously.”
  • ” OAG has determined to exercise its prosecutorial discretion to decline to bring criminal charges against Mr. Gregory, who has no criminal record, or any other NBC employee based on the events associated with the December 23, 2012 broadcast. OAG has made this determination, despite the clarity of the violation of this important law, because under all of the circumstances here a prosecution would not promote public safety in the District of Columbia nor serve the best interests of the people of the District to whom this office owes its trust.”
  • “Influencing our judgment in this case, among other things, is our recognition that the intent of the temporary possession and short display of the magazine was to promote the First Amendment purpose of informing an ongoing public debate about firearms policy in the United States,especially while this subject was foremost in the minds of the public following the previously mentioned events in Connecticut and the President’s speech to the nation about them.”
  • “There were, however, other legal means available to demonstrate the point and to pursue this line of questioning with the guest that were suggested to NBC and that could have and should have been pursued.”
  • “No specific intent is required for this violation, and ignorance of the law or even confusion about it is no defense. We therefore did not rely in making our judgment on the feeble and unsatisfactory efforts that NBC made to determine whether or not it was lawful to possess, display and broadcast this large capacity magazine as a means of fostering the public policy debate. Although there appears to have been some misinformation provided initially, NBC was clearly and timely advised by an MPD employee that its plans to exhibit on the broadcast a high capacity-magazine would violate D.C. law, and there was no contrary advice from any federal official. While you argue that some NBC employees subjectively felt uncertain as to whether its planned actions were lawful or not, we do not believe such uncertainty was justified and we note that NBC has now acknowledged that its interpretation of the information it received was incorrect.” Continue reading

The Newtown Massacre Ethics Train Wreck Picks Up An A-Lister!

I know—I need to settle on a consistent name for this particular train wreck. I’ve used at least three. Luckily, it is clearly going to be rolling along, causing ethics havoc in its wake, long enough for me to be consistent.

Hey, everybody! Bubba's on board!

Hey, everybody! Bubba’s on board!

Wow! They must be all-tingly on the Newtown Massacre Aftermath Express–Bill Clinton! The architect of one of the great ethics train wrecks of American history has deigned to come on board! What other A-listers will follow? Oprah? David Letterman? Even the President himself! Now, anything is possible.

The nation’s grandmaster liar bought his ticket with this Newtown-inspired statement, uttered at the Consumer Electronics Show in Las Vegas, Jan. 9, 2013

“Half of all mass killings in the United States have occurred since the assault weapons ban expired in 2005, half of all of them in the history of the country.”

This was classic Bill, false and self-glorifying. After all, that ban that expired had been signed into law by Bubba himself. But as the Washington Post’s fact-checker, Glenn Kessler confirmed, his striking “fact” was a whopper. Continue reading