The Michigan Saloon Legislator Lock-Out: Not Quite “Here Comes The Bride” Unethical, But Wrong All The Same

Michigan saloon, bar and restaurant owners are upset that the legislature passed a workplace smoking ban, so the advocacy group Protect Private Property Rights is fighting back  by organizing 500 bars statewide to ban state lawmakers from their premises, beginning September. 1.

This isn’t bigotry or gratuitous cruelty, like the New Jersey bridal shop refusing to sell a gown to a gay customer. It’s not illegal, either: state legislators aren’t a protected class, and discriminating against them isn’t invidious, since, well, they probably are hated with some justification.

No, excluding the lawmakers is unethical for other reasons. To being with, it’s un-American. Continue reading

Ethics Quiz: Is An Online Dating Service Ethically Obligated to Screen for Sex Offenders?

Your perfect computer match!

Hollywood screenwriter and author Carole Markin sued the leading Internet matchmaker,Match.com, for not screening its applicants to eliminate sexual predators. She was raped by one that the online dating service had designated as her “perfect match.” This week the company settled the lawsuit  by promising to perform security background checks on all current and future Match.com members.

Markin, who is an Ethics Hero, said “If I save one woman from getting attacked, then I’m happy.” She waived monetary compensation and gave up all rights to pursue Match.com with further claims. Continue reading

Comment of the Day: “Ethics Carnage in Wisconsin…”

Pat earns the Comment of the Day by refocusing my attention on an issue I had been planning to examine in detail, only to be distracted by the swirl of current events. The issue is the ethics of public unions, a controversy in sharp focus during Governor Scott Walker’s overhaul of public employee pensions and collective bargaining rights in Wisconsin. Thanks, Pat, for  both your thoughtful comment and for getting me back to this important matter. You’ll  have my response soon.

Here is Pat’s commentary on “Ethics Carnage in Wisconsin: the Ethics Grades So Far”:

“No one need be a member of the union of concerned scientists to figure out the problem of collectivism in government. If Congress (or the Union) together decided to vote themselves $1,000,000 salaries per year (or exorbitant pensions for life), they could do it. That is the problem of collectivism and it is the problem of democracy – that can defeat the purpose of the freedom of elections. Ordinary taxpayers can be defeated by their own democracy in that regard, and it is no better than having a dictator under tyranny.

“The function of having free elections is to avoid that tyranny, i.e., by electing persons to office temporarily, not to be saddled with them for life (which is what congressional pensions produce). By most ethical standards, it would be congressional embezzlement by the nature of the authority to grant itself those pensions. The same would be true if Congress worked in conjunction with government employees to help them get reelected in order to perpetuate elective office for incumbents so that it can be effectively, for life.

“Both methods defeat the purpose of freedom of elections that is built into the congressional constitutional scheme that separates the elective office from the appointed and the government employee. Government pensions meant for government employees alone has been unethically and grossly inflated and granted to Congress and appointees in a blatant self-serving reward that defeats the purpose of having elections. Terms limits is the only method that can control that abuse of power.

“If government unions demands are too high, they may also need term limits to prevent arbitrary tapping into the proceeds of the taxpayer’s treasury, and thereby limiting what can be paid, and what can be taxed for.

“Public finance can defeat the purpose of democracy without such protections, and it is a necessary feature of all democracies to prevent the power of authority to abuse the power of the people, or there will be only wage slavery by government taxation.

“By tradition before government exploitation, government pensions were granted only to government employees – distinct from those elected – because they were employees. Elected persons are only temporary employees, and meant to be only temporary employees, and therefore not entitled to pensions. But that tradition has been grossly abused by self-serving elected employees to become privileged as elected and privileged as employees where it was designed to be one “or” the other, not one “and” the other.”

Gays, Bridal Shops, Judges, and the Anger of Grief

Gay rights opponents are locked in the anger stage of the five stages of grief identified by Dr. Elisabeth Kubler-Ross. Frankly, I thought they would be farther along by now.

The American public has made rapid progress in its acceptance of gay neighbors, gay sons and daughters and same-sex marriages, but those who regard homosexuals as practitioners of an aberrant and corrupting lifestyle, while recognizing, I think, that the cultural battle is lost, are deep in grief. Anger is only the second stage of the grieving process, and the most destructive as well as the stage that generates the most unethical and irrational conduct. If we can somehow get the grief-stricken to bargaining, depression and acceptance, the final three stages, everyone,including them, would be better off.

The signs are clear right now, however, that anger is the prevalent mood among anti-gay bitter-enders, after the first two stages, denial and isolation, have played  out. As a consequence we are seeing more and more instances of gratuitous cruelty and aggression against gays. It is usually diagnosed as hate, but its root is the anger of grief. The culture is changing in ways that some never dreamed it could or would, and they are furious. Continue reading

As the Cancer of Corruption Spreads, a Diagnosis and Treatment

A sign in Africa, which corruption continues to ravage. We ignore its warning at our peril.

Last week, three more disheartening cheating scandals were in the spotlight, in completely separate areas of our society: legal education, the military, and college sports. The signs that the cancer of corruption is spreading through America’s culture with increasing speed are frightening, but being frightened isn’t constructive. Working to eradicate the cancer is. Last week’s revelations:

  • The American Bar Association publicly admonished Villanova Law School for a pattern of misrepresenting—inflating—GPAs and LSATs of its applicants and admitted students in order to receive a higher ranking, which in turn would attract more and better applicants. The scandal broke in June, and the ABA was lenient, stating that the school had reported its own misconduct (the responsible parties had been discovered and dismissed). Is Villanova alone, or is it just the first law school in this increasingly competitive environment to get caught? If a law school cheats, what kind of lawyers will it produce? Continue reading

The West Memphis Three, Still Abused By Unethical Prosecution

Their real killer is still loose, but law enforcement doesn't care: it has the West Memphis Three to blame.

The release this week of the men railroaded into prison as teenagers for the 1993 killing of three young Cub Scouts in West Memphis Arkansas was covered by the news media in superficial and misleading fashion, concentrating on the human interest aspects of the event—a “happy ending” in which three wrongfully accused and convicted men finally get justice. This overshadowed the disgraceful performance of the justice system in general and the Arkansas justice system in particular. The circumstances of the men’s release were only slightly less revolting than their conviction, and the method by which it was achieved was thoroughly unethical.

Damien Echols, Jason Baldwin, and Jessie Misskelley Jr. had been in jail for 18 years, with Baldwin and Misskelley serving life sentences and Damien Echols languishing on death row. They are almost certainly innocent. Continue reading

Hypocrite…or Lawyer?

"After we're done, darling, let's discuss your sexual harassment suit. I think you have a good case!"

This story probably will strike you as a bit odd.

Prosecutors have charged a 50-year-old lawyer, Robert Michael Hoffman of San Francisco, with rape after complaints from four women who told police he assaulted them when they answered his Craigslist ad for rough sex. The prosecutors say that he assaulted at least three of the four women  and engaged in rape, sexual battery, forced oral sex and one count of false imprisonment.

The odd part? Hoffman practices employment law , specializing in sexual harassment cases. Sexual harassment law is explicitly designed to ensure that employees are not exploited, debased or discriminated against because of their gender.Needless to say, rape, sexual battery and  forced oral sex would qualify as extreme sexual harassment. Continue reading

The Warren Jeffs Sex Tapes and the Media’s Ethical Incoherence

Warren Jeffs and his happy, happy wives---caught on tape!

Warren Jeffs, the Texas polygamist recently convicted of raping his child-wives, was sent to his richly-deserved prison sentence with the help of some horrific tape recordings of Jeffs proselytizing his young victims on their God-directed duty to satisfy his sexual needs, and more tapes that recorded his grunts and pants as he had sexual intercourse with them.

The Salt Lake Tribune requested and received copies of the tapes as well as other evidence in the trial. Then, according to an explanation in the paper, it editors had extensive discussions internally regarding the journalistic ethics of making the tapes generally available online. The paper’s decision:

“We opted to post only clips because we did not believe it would be ethical to make recordings of sexual assault, in action or imminent, easily available on the Web. Young girls can be heard in the tapes, and the jury’s decision was clear: These girls are a predator’s victims. In our role as journalists covering difficult stories, we vow to do our jobs while minimizing harm. In choosing not to provide these materials, we acted to minimize harm.

“What you will hear if you listen to the clips is Jeffs explaining and justifying his abuse of young girls in the name of religion. His “teaching” is helpful in understanding the case and the jury’s decision.”

This is hypocrisy of the highest order, and an abuse of a news organization’s function. Continue reading

Ethics Quiz: If This Is Wrong, Why Does It Make Us Cheer?

Robert Harding, post Holly. The Duke would have been proud of her. Should we be?

In Des Moines, a man who told police later that he “likes young girls” tried to lure one into his clutches, and ended up with a black eye and a several bruises. Robert C. Harding attempted to coax Holly Pullen’s 13-year-old daughter into an alley outside the Pullen home.The teen got her mother to go into the alley instead, and when Holly Pullen asked what he wanted, Harding said he wanted to marry and have sex with her daughter. Then he offered to buy her. Holly promptly beat the the snot out of him. (Harding was later tracked down by Pullen’s husband and others, and turned in to the police.)

This was violent, vigilante justice. It was also technically assault and battery. Your Ethics Quiz question is this:

Given all of these reasons why Holly’s conduct was unethical, why do we viscerally approve of it? Continue reading

The Disgrace of the Health Care Reform Debacle, Brought Into Focus

Nice image. Unfortunately, the open book is "Catch 22"

“Some prominent academics have argued that the individual mandate is a clearly constitutional exercise of the federal government’s taxing power. Some of these same academics have argued that opponents of the individual mandate’s constitutionality are well outside the legal mainstream. Yet as of today, there has not been a single federal court — indeed, perhaps not even a single federal judge — who has accepted the taxing power argument. Not a one. And yet a half-dozen federal judges have found the mandate to be unconstitutional. So which arguments are outside of the mainstream again?”

Thus did Jonathan Adler, Case Western law professor and Director of the Center for Business Law and Regulation, chide the arrogant supporters of the health care reform act who dismissed as wackos and radicals critics who were alarmed at its intrusions onto personal freedom. The 11th Circuit Court of Appeals’ rejection of the individual mandate, the provision requiring all adult citizens to buy private health insurance, is the most striking proof yet of the arrogant, unethical, dishonest, corrupt and incompetent manner in which the Democratic majority passed its version of health care reform. Continue reading