Ethics Mess In Kansas: The Lesbians and the Sperm Donor

The parents in happier days

The parents in happier days

Auto mechanic William Marotta must rue the day he responded to a Craigslist ad placed by Angela Bauer and her life partner Jennifer Schreiner. They were seeking a sperm donor, for the obvious reasons, and he had sperm to donate. The trio then signed a contract in which all agreed that Marotta would have no rights to any child his sperm spawned, nor future responsibilities regarding the child’s care. Schreiner was artificially inseminated and conceived, making her the child’s mother, as Bauer stepped into the role of the child’s father. Exit Marotta forever, with thanks.

Or so he thought. Continue reading

Hollywood’s Ridiculous Hypocrisy on Guns

"Say hello to my little friend! And while we're on the topic of guns, don't you think it's time to be sensible about gun control?"

“Say hello to my little friend! And while we’re on the topic of guns, don’t you think it’s time to be sensible about gun control?”

In a move stunningly unconscious to outrageous hypocrisy, the group “Mayors Against Illegal Guns” have posted a video on on its website and Youtube (of course), featuring an impressive array of solemn Hollywood celebrities chiding Americans for not doing something about guns “yesterday” and to “demand a plan” to end gun violence. The problem? Many of these same celebrities owe their presence on the video to Hollywood’s obsession with gun violence, without which they would be just anonymous pretty faces. They owe their mansions and private planes to that gun violence too, which they have happily, willfully and lucratively acted out in scores of violent films and television shows. How can they presume, given how they make their living, to lecture anyone on the topic of guns?

I have some theories. Many of them are dumb as bricks. Most of them are automatic co-signers of the manifesto for any cause branded as liberal, the Hollywood religion,and don’t bother to think about whether it is consistent with their life choices or not. Probably all of them, working every day in one of the most ethics-free, cut-throat, dishonest and hypocritical sub-cultures that has ever existed in the United States are completely numb to the concept of hypocrisy, as apparently are the mayors, who work in the culture of politics, which is only somewhat better. Continue reading

Professional Discipline For Unethical Law School Deans?

Why not?

What the North Carolina Bar considers a trustworthy lawyer...

What the North Carolina Bar considers a trustworthy lawyer…

Law professor Ben Trachtenberg has caused a stir by suggesting in a law review article for the University of Missouri Law School Journal  that law school administrators responsible for intentional and egregious misrepresentations in advertising for their schools have violated the professional ethics codes and could, and should, face discipline, such as disbarment.

I don’t want to cause Nando a fatal cognitive dissonance attack, really I don’t, but I agree with the professor wholeheartedly. I have long believed that the Model Rules prohibition of dishonesty in Rule 8.4 should be applied to lawyer conduct not related to the practice of law more frequently and stringently than it is. Lawyers, for their own protection, are fond of the fictional Clinton myth that one can be an upright and trustworthy lawyer while displaying deceitful and dishonest conduct in their “personal lives,” as if lawyers are ethically schizophrenic. The proof: John Edwards still has his license.

The law school deans that Trachtenberg targets, however, don’t get the benefit of this pass. They are lawyers who were dishonest in their professional duties that, while not requiring a law license, have a clear impact on the legal profession.  Trachtenberg writes,

“In light of the common application of Rule 8.4(c) to lawyers who engage in dishonesty unconnected with the practice of law, there is little doubt that dishonest law school marketing conducted by members of the bar justifies professional discipline. Paul Pless lied repeatedly, over a period of years, about the quality of incoming students at the University of Illinois College of Law, deceiving the ABA and U.S. News, along with prospective students and others who relied on statistics they compiled.191 Mark Sargent conspired with colleagues to engage in similar conduct at Villanova.192 Can anyone dispute that these men engaged in “conduct involving dishonesty, fraud, deceit or misrepresentation”? Surely serial dishonesty—committed with the purpose of gaming the rankings used by prospective students deciding whether and where to spend tens (if not hundreds) of thousands of dollars—is at least as serious a violation as falsifying a resume and transcript.”

Sure it is. As with Edwards, however, the profession is unlikely to be willing to expand the range of activities by lawyers outside of actual practice that will trigger discipline. Continue reading

The Legal Ethics Forum’s Top Ten Legal Ethics Stories of 2012

top-tenOne of my most consulted ethics resources, both for my ethics practice and Ethics Alarms, is the Legal Ethics Forum, created and operated by attorney John Steele with able assistance from some of the best legal ethics experts and scholars in the nation. John has posted the Forum’s Top Ten Legal Ethics Stories of 2012, which you can, and should, read about in detail here. These are John’s headlines: (Ethics Alarms, which is not written for an exclusively legal audience, has covered six of them, #4, #5, #6, #7, #9 (as well as this gem), and #10.) Continue reading

Unethical Quote of the Week: Howard Kurtz

“Gun owners often say they want the government to leave them alone; why then are some clamoring for Gregory to be prosecuted?”

—-CNN Media ethics watchdog Howard Kurtz, in a column defending “Meet the Press” host David Gregory’s on-air violation of a D.C. gun law

Wait...WHAT???

Wait…WHAT???

This is quite a spectacle, a real time unraveling and self-discrediting of a media ethicist because of biases he either cannot resist or doesn’t detect. Kurtz’s core ethical fallacy in ridiculing calls for Gregory to be held to account for a knowing, intentional, blatant and broadcast breach of a criminal law is so obvious it is stunning that he cannot see it. Kurtz is arguing that the law shouldn’t be enforced against law-breaking journalists “practicing journalism,” because they are special and deserve to be privileged, and because journalism is so important that it trumps the law. This is offensive to fairness, equality and justice, but because Kurtz is himself a journalist, he cannot see how intrinsically unethical his position is. He cannot see the most basic conflict of interest of all, self-interest, in himself. Continue reading

Ethics Elephant In The Room: The ASPCA Was Wrong, And Should Admit It

circus-elephants-

The  Association for the Prevention of  Cruelty to Animals finally capitulated and has agreed to pay over 9 million dollars in damages to the Ringling Bros. Barnum & Bailey Circus. Way back in 2000, the ASPCA and other animal advocacy groups sued the circus company’s owners, alleging cruel treatment of elephants. The problem was, courts found, that the law suit had been built on the claims and testimony of a former Ringling barn helper who had been paid at least $190,000 for his participation in the lawsuit. This meant that the suit was dead.

Ringling Bros. Barnum & Bailey Circus counter-sued, as would I, as would you. I don’t doubt that elephants are abused sometimes in the circus; I’m sensitive to the argument that putting elephants in a circus is inherent abuse. It seems clear that a lot of dedicated, well-meaning people who care deeply about animals and their treatment couldn’t press their claims persuasively without help, so, essentially, they cheated. You can’t pay witnesses, whether the witness is telling the truth or not. It’s unfair. It’s illegal. It corrupts the justice system. Continue reading

And An Irrational Perspective On Gun Control In The Unethical Cartoon of the Month: “America Reacts”

America_Reacts

Since most of the news media have been making fools of themselves with their over-heated, slanted and often hysterical reaction to the Sandy Hook Elementary shooting, it was predictable that the odd corner of the commentariat occupied by political cartoonists would go even farther off the rails. For one thing, exaggeration is a tool of their trade; for another, they traffic in irony, satire and humor, giving them leave to jettison fairness and balance for a good laugh. Nonetheless, political cartoons appear on editorial pages. They express opinions that should be responsible opinions, and to the extent that they purport to represent facts, they are obligated to represent them with at least a minimal level of accuracy.

“America Reacts,” the work of Chattanooga Times-Free Press cartoonist Clay Bennett, appeared on December 18. I missed it; a letter to the Washington Post today complained about the Post re-printing it, which is how it finally came to my attention. I have admired Bennett’s work for a long time— I am critical of editorial cartoonists, but I respect and enjoy the good ones—-but this particular cartoon crosses ethical lines right, left and center:

1. As the Post’s critic pointed out, it unfairly deals in gross stereotypes. “Bennett makes assumptions that guns are more important than kids to men while only women care about children. My husband has guns and loves to go shooting, but no way would he choose guns over his children,” Marie Miller wrote. The cartoon also suggests that only men appreciate guns, and that all men are irrational gun nuts. Adding gender bigotry to the gun debate is not a constructive contribution.

2. The cartoon dishonestly frames the issue at hand as a culture having to choose between children or guns. Plenty of talking heads have made the same false representation, and it is intentional distortion for the purpose of appealing to emotions over rational thought. Or it is evidence of brain damage or progressive dementia.

3. The cartoon is incompetent. What is the point that the cartoonist is trying to make? That women are ruled by maternal-instinct and men are gun happy, rendering both stupid and useless? That women’s values are spot on, and men are mad fools? That every family’s children are really at risk because of guns? Is he advocating gun bans? The message is completely incoherent. It’s just a bad cartoon….on a serious and complex subject that could benefit from a good one.

If all a political cartoonist can contribute to an important national debate is the equivalent of a stink bomb tossed into a room, he should resist the urge.

________________________________

Pointer: Marie Miller

Source: Times-Free Press

Evil Empire Ethics: Stand Up For The Crooks By Sacrificing The Children

Putin's pawns

Putin’s pawns

Stalin would be proud.

Today Russian President Vladimir Putin signed into law a bill barring  Americans from adopting Russian children. The objective of the bill had absolutely nothing to do with American adoptions, both Russian and American analysts agree. The law is retaliation for various American measures that punished or embarrassed Russia for various human rights violations.  One of these was the Sergei Magnitsky Rule of Law Accountability Act, which mandated  financial and visa sanctions on corrupt Russian officials linked to the arrest and imprisonment of Magnitsky, a lawyer who discovered a $230 million tax fraud and was then arrested by the same police officers he had accused of the fraud. He was sentenced to prison and died there in 2009.

The adoption ban is itself a human rights violation. Continue reading

A Rational Perspective on Gun Control From Eugene Volokh

guns and liquorLaw professor and Constitutional Law specialist Eugene Volokh (of Volokh Conspiracy renown) has weighed into the often hysterical gun control debate with useful perspective by suggesting an analogy between alcohol and guns. Some highlights of his post, titled “So What Are We Going To Do About It?:

  • “So what are we suggesting should be done about the shootings? If we’re not suggesting gun controls (as opposed to proposals such as allowing teachers to be armed, increased concealed carry rights outside schools, providing school guards, and the like), the argument goes, we’re not taking gun tragedies seriously.” Continue reading

The Media’s Gun Control Ethics Train Wreck Gets Its Engineer: David Gregory

Gregory and clip

The blatant abandonment of journalistic ethics in U.S. mainstream media, well underway during its coverage of the 2012 election, finally exploded into a full-fledged ethics train wreck with television journalists’ astounding and shameless advocacy of tighter gun control laws following the Newtown elementary school massacre. Can anyone recall a previous public policy controversy in which so many telejournalists decided that it was appropriate, rather than to report on a story, to engage in full-throated advocacy for a particular position? I can’t. Rather than communicate relevant facts to their audiences and allow responsible and informed advocates for various positions to have a forum, one supposed professional journalist after another has become an openly anti-firearms scold, as if the need for new gun restrictions was a fact, rather than a contentious, and often partisan point of view.

It isn’t just the hacks, like Piers Morgan.  CNN anchor Don Lemon sounded like a candidate for office, and a rhetorically irresponsible one, when he exclaimed in one outburst, “We need to get guns and bullets and automatic weapons off the streets. They should only be available to police officers and to hunt al-Qaeda and the Taliban and not hunt elementary school children.” The reliably presumptuous Soledad O’Brien decided to reprimand Florida Republican Gov. Rick Scott when he refused to commit to seeking tougher gun laws in his state, telling him she hoped the gun conversation would become “meaningful” (that is to say, anti-gun ownership) before she was forced to “cover another tragedy.” In another interview, when a conservative academic argued for making guns more easily available among law-abiding citizens, O’Brien again turned advocate, telling him, “I just have to say, your position completely boggles me, honestly.”

Yes, well the fact that Soledad is “boggled” isn’t news: she’s easily boggled, and her opinion on gun control is no more worthy of broadcast than that of any random citizen on the street. Whether you agree with these amateur anti-gun zealots isn’t the point. Using their high-visibility positions as television reporters to expound on what they think are reasonable legislative initiatives isn’t their job, isn’t their role, is a direct violation of their duty of fair and objective reporting, and undermines effective public discourse. It’s unethical journalism.

Jumping into the engineer’s seat as this media ethics train wreck developed was “Meet the Press” host David Gregory. Part of the open agenda of the left-biased media is to demonize the National Rifle Association, which, again, is not their job, and is an unethical objective. Give the public the facts, let them hear the arguments, and allow them to come to an informed decision, not a media-dictated consensu constructed by people who are neither especially bright nor sufficiently informed, and who have no special expertise regarding guns and gun violence. Gregory, in full-anti-gun mode, brandished a gun magazine as a prop last Sunday to make a dramatic debating point against the vice-president of the National Rifle Association. In Washington, D.C., where “Meet the Press” is recorded, the magazine he held is illegal, and anyone apprehended while possessing one faces prosecution and jail time. NBC had been informed by D.C. police that Gregory could not use the magazine on the air, and Gregory went ahead and used it anyway.

He broke the law. Continue reading