Law & Law Enforcement

American Lessons from the English Riots

/ Jack Marshall / 11 Comments

I am going to refrain from joining the ranks of amateur psychologists trying to identify the “root cause” of the English riots. People of any age or economic status who riot are, it is fair to say, assholes, like lesser social miscreants such as vandals, computer virus inventors, Leroy Fick and Pastor Terry Jones. If I were convinced that these riots were in response to necessary government cutbacks in social programs, I would have something arguably useful to say, but that doesn’t seem to be the case.

There is no question, however, that in allowing the riots to go on so long and harm so many citizens, businesses and homes, the British government has failed one of its most basic duties. Great Britain has been the anti-gun zealot’s Nirvana for a long time: not only can’t citizens own guns for their personal protection, neither can the police. That can work, if the culture is reliably non-violent, and if social and community institutions do a good job making sure that the culture of non-violence is strong, self-reenforced, and deep.

Well, it isn’t, is it?

Continue reading →

Ethics Quiz: Is It Wrong For A Rescuer To Sue The Victim He Rescued?

/ Jack Marshall / 15 Comments

"OK, Princess, you'll get my bill for this rescue in five to seven business days."

On March 11, 2009, Mark Kinkaid and David Kelley were riding in Kinkaid’s truck when they saw a detached bumper, headlights and all, lying in the middle of Rt. 23.  Smoke was rising up from the highway embankment,  and the two men concluded that someone was in trouble. The truck stopped, and they got out, hopped a barbed-wire fence, made their way down the steep highway embankment, where they saw a flaming Hummer. Theresa Tanner was trapped inside, screaming for help. They forced their way into the vehicle, pried a door open and pulled Tanner out. She was injured and burned, but after weeks in intensive care, survived.

Now Kinkaid and David Kelley are suing Tanner, claiming that the crash was her fault and that she is liable for the injuries they sustained in rescuing her. They have filed a lawsuit asking for damages of at least $25,000 each. “All I know is that I am not the same man I used to be,” says Kelley, a 39-year-old truck driver and father of five, who says the heavy smoke and fire that day damaged his lungs so that he can’t carry a laundry basket up the three flights of stairs in his home.

The law provides a rationale for such a lawsuit. “The precedent is clear: danger invites rescue … and if you’ve acted recklessly or negligently and someone gets hurt rescuing you, you could be in trouble,” says Stan Darling, a tort law specialist. A well-established principle known as “the Rescue Doctrine” holds that if someone is in peril because of their own negligence or recklessness, an injured rescuer can recover damages if he acted reasonably and can prove that his injuries were caused by the rescue attempt.

That’s the law, however. This is ethics, and your Ethics Quiz today is:

Is it ethical for a rescuer to sue the person he rescued? Continue reading →

Ethics Quote of the Day: Ken, of Popehat

/ Jack Marshall / 17 Comments

“Listen to me: a law school calculated to make students feel good about themselves is as ridiculous as a Marine boot camp designed to make enlistees feel good about themselves. Law students, God help us, will one day be lawyers. When they are, nobody will care about their self-esteem. The prosecutors seeking to jail their clients will not be seeking to foster a sense of community. The opposing civil lawyers seeking to bankrupt their clients will not be promoting a culture of dignity and respect. Most law practice is about conflict. It’s a bloody, ugly street fight. Self-esteem borne of law-should-be-harmony is useless to clients. The only self-esteem useful to clients is self-esteem earned by hard work, determination, command of the subject matter, and the willingness to stand up to adversity. People who object to law professors being wickedly Socratic, and classmates being cutthroat, are missing the point. If you’re put off by a Socratic professor, Mr. Fluffy Bunny, a run-of-the-mill judge is going to make you soil yourself. If nasty, backstabbing classmates upset you, the first time you get into a nasty letter-writing campaign with an opposing counsel you’re going to have a breakdown. Law school is not a fucking spa day. It’s training to stand between your client and whatever the world throws at him.”

—– Ken, the astute lawyer/sage/Don Rickles of the libertarian social commentary website Popehat, excoriating the University of St. Thomas Law School for, among other things, extolling the values of self-esteem, collaboration, harmony and community among their students.

What Ken is really talking about is zealous representation, that once universally accepted bedrock of the  lawyer’s duty that has gradually fallen into disfavor with many academics and lawyers. Continue reading →

The Tricky Ethics of Trading Sex For Tuition

/ Jack Marshall / 9 Comments

 

It's not generally known, but Anna Nicole Smith initially hooked up with billionaire husband J. Herbert Marshall so he could pay her tuition at MIT.*

Seekingarrangement.com is undoubtedly an unethical website. The question is how unethical, and that is why I’ve taken longer than usual to write about it, and the social phenomenon it and other websites are fostering.

The site is per se unethical because it facilitates adultery, infidelity and improper workplace conduct, by definition and unequivocally, convicted by its own words:

“Rich and successful. Single or married, you have no time for games. You are looking to mentor or spoil someone special — perhaps a “personal secretary”? secret lover? student? or a mistress for an extra-marital affair?”

Based on this alone, Seekingarrangement.com is Ashley Madison (the adultery website) all over again. Case closed, no appeal. A website is unethical when it endorses, encourages, and assists in dishonest conduct that is guaranteed to cause harm to third parties. The “consenting adults” argument doesn’t work, and doesn’t apply, when the adults are consenting to something that violates commitments, agreements and promises made to other parties who don’t have the option of consenting.

Seekingarrangement.com, however, became the topic of much debate this month for another reason: its use by desperate students, aspiring students or indebted graduates to pay their college tuition. In this it is like the more specialized Seektuition.com, which is solely devoted to matching horny, rich, developmentally retarded and presumably repulsive older men who can’t find real relationships to hot, poor, young women willing to exchange their bodies and dignity to  “help sponsor” their “ dorm rent, books, or provide assistance for tuition.” (“Perhaps even take you shopping for those new clothes you want to impress your sorority sisters!”). The Huntington Post broke the story, telling the tales of both students who “hook up” with wealthy, older men over the internet using Seekingarrangement.com and similar sites, have sex with them, and get tuition money or tuition loan repayment funds in return, while the wealthy men gladly pay big bucks to have an evening of passion with a co-ed and some Viagra. Continue reading →

You Thought THAT Was Outrageous Sexual Harassment? No, THIS Is Outrageous Sexual Harassment…

/ Jack Marshall / 9 Comments

Yes, disbarred judge Ted Abrams’conduct was terrible.  His harassing behavior towards a female lawyer, however, was chivalry itself compared to what Derek Wright, the owner of Pleasant Grove-based Lone Peak Controls and D& L Electric Control Company, subjected the company’s office manager to during her five year tenure, before he fired her for complaining about him.

In her sexual harassment law suit filed this week, Trudy Nycole Anderson alleges that Wright…

  • …Gave her a Monday-through-Friday “schedule” outlining what she should wear, with “Mini-skirt Monday,” “Tube-top Tuesday,” “Wet T-shirt Wednesday,” “No bra Thursday” and “Bikini top Friday.”
  • …Repeatedly asked her about her breast size and talked about her breasts in front of other employees.

CNN, Burying the News to Protect Its Own

/ Jack Marshall / 2 Comments

Come on, CNN! Who do you expect us to believe---you, Piers Morgan, or Paul?

Here is a suggested rule of reason for integrity-challenged media organizations. If they are intent on being so venal and cynical as to hire high-profile low-lifes who inflate ratings at the cost of the organization’s credibility, they can at least make their new employees agree that in the event of the inevitable scandal or embarrassing revelation, the infamous/dubious quasi-journalist understands and agrees that his or her employers will cover the matter like locusts on a wheat field, and with just as much mercy.

Reason, however, like ethics, has very little place in American broadcast media these days. Even though Piers Morgan, the new Larry King on CNN, is awash in allegations of phone hacking from no less than the King Beatle himself, Paul McCartney, CNN itself is ignoring the story, using the pathetic excuse that it isn’t a story until there is smoking gun evidence or until Morgan actually has to testify in England.

Morgan, for his part, appears to be lying through his teeth. Continue reading →

What’s the Matter With Paul Gust?

/ Jack Marshall / 13 Comments

Oh-oh...now I'VE searched for her too!

Combine the Anthony Weiner debacle and the Naked Teacher Principle (in reverse), and you get the travails of 45-year-old Paul Gust, the computer teacher at the Saugatuck Public Schools in Michigan. He has been fired, and I would fire him too. But which of his actions were a firing offense?

1. Storing photos of naked women on his school computer?
2. Being such a klutz that he accidentally flashed some of the photos on the screen in the middle of a presentation on computer technology?
3. Having the FBI find photographs of underage girls on that same computer, though not photos that constituted child-porn?
4. Having the FBI also discover that he had searched for photos of Miley Cyrus braless, when she was under 18?
5. Having personal e-mails on his computer—beyond dispute involving personal discussions, off hours, on his own time, using his own accounts—that included discussions of sexual fantasies involving teen-age girls? Continue reading →

Now THIS is Sexual Harassment!

/ Jack Marshall / 5 Comments

The Arizona Supreme Court has both censured  former municipal court judge Theodore “Ted” Abrams, prohibiting him from serving as a judge again, and disciplined him as an attorney, suspending his law license for two years. Why, you may well ask?

Well, it seems that before he resigned as a judge there was  a bit of a woman problem: if an attractive woman appeared before Abrams as an attorney, she had a problem.

The State Bar of Arizona determined that Abrams, while serving as a judge, “engaged in a prolonged and relentless effort to sexually harass a female assistant public defender who appeared in his court,” as well as, “in a gross misuse of his power, … inflict[ing] his retribution from the bench for the victim’s refusal to yield to his pursuit.”  Over a 14-month period, Abrams sent the woman at least 28 voice mails and 85 text messages, many of which were sexually overt, including one in which he described a sex act he wanted to perform on her. He repeatedly pressured the lawyer for sex, made slurping noises—I’m pretty sure there is something in the judicial code of conduct that prohibits that-– and once fondled her buttocks. Continue reading →

Incompetent Elected Official of the Month: Tennessee State Rep.Joe Armstrong

/ Jack Marshall / 20 Comments

SEDITION!

In a “who most deserves to have to resign?” contest between Tennessee State Rep. Joe Armstrong and sexting New Jersey County Commissioner Louis Magazzu,  Armstrong wins by a lap. The University of Tennessee bookstore has pulled a brand of novelty breath mints from its shelves, in compliance with a request from Armstrong, a loyal and incompetent Democrat. The mints  lampooned President Obama. They were packaged in tin cans with an  image of Obama and the motto, “This is change? Disappoint-mints.” The horror.

Armstrong said that the mints were offensive. Oh weally? Izzums wittle feewings wounded because evewyone doesn’y wuv your bewuvved weader? Continue reading →

Ethics Hero: New Jersey Governor Chris Christie

/ Jack Marshall / 8 Comments

Earlier this year, New Jersey Governor Chris Christie had come under fire from  conservative bloggers for appointing Sohail Mohammed, an American attorney who also happens to be a Muslim, to a seat on the Passaic County Superior Court.

Mohammed was confirmed by the state legislature and sworn into office last week. The Newark Star-Ledger noted in an editorial that Mohammed came to the US— legally— as a teenager in 1980, and became a lawyer for all the right reasons. It was, for him, a calling. He built a reputation as a zealous, honest and dedicated lawyer.  Yesterday, Gov. Christie defended his choice, especially against criticism for representing Muslims detained under suspicion of terrorist links in the wake of the attacks on September 11, 2001. His most quoted passage:

“It’s just crazy, and I’m tired of dealing with the crazies. It’s just unnecessary to be accusing this guy of things just because of his religious background. I’m happy that he’s willing to serve after all this baloney.”

In sharp contrast to many in the Republican Party and on the political right, Christie is courageously displaying his full-throated support of religious freedom, opposition to bigotry, the right to zealous representation, and respect for professionals who do their jobs well, whatever their names or ethnic origin.

He is an easy call as an Ethics Hero.