Law & Law Enforcement

Should It be Illegal to Buy Counterfeit Designer Goods?

/ Jack Marshall / 19 Comments

The ethics of this issue are clear, I think. The mystery is: Why did it take so long, and why isn’t there a national law?

New York City councilwoman Margaret S. Chin, whose district includes Chinatown, has introduced a bill would make it a misdemeanor  to  buy fake designer merchandise on the street or anywhere else. Violators would face a $1,000 fine, a year in jail, or both.

The New York Times interviewed a tourist who articulated the argument against Chin’s bill.
“I come down here, I will continue coming down here, and I will follow the Chinese people wherever they take me,” the New Jersey resident told the Times reporter “as she stood amid the purse and sunglass vendors on Canal Street.” “I don’t believe in child labor and I don’t believe in supporting terrorists, but if I want to buy a knockoff, that’s my business.” Continue reading →

Colorado’s Adultery Dilemma

/ Jack Marshall / 66 Comments

Relax! It's OK...you're in Colorado!

In most states, adultery is one of the great examples of how something can be wrong and destructive without being illegal, a useful concept to have in mind when a corrupt politician or a crooked corporate executive  says “I didn’t break any laws!” It is also a good example of unethical conduct that is better controlled by ethics than law. A law against adultery is theoretically defensible as a deterrent of harmful social conduct, and the state definitely has an interest in preserving family stability. The problem is that regulating offenses triggered by love, lust and romance feels excessively intrusive to most of us. It has overtones of the Plymouth colony. For better of worse, minimizing adultery belongs in the realm of ethics, not the criminal law. Continue reading →

Calm Down, Hannity! Superman’s Decision is Super-Ethical.

/ Jack Marshall / 8 Comments

It's all for the best.

Sean Hannity is outraged at Superman for renouncing his U.S. citizenship in the upcoming issue of Action Comics. Sean, as is often the case, just doesn’t understand.

Superman’s wrenching decision, far from being a rejection of the values of his adopted homeland, is a true sacrifice, and undeniably in the best interests of the United States. His renunciation arises from the diplomatic problems that will inevitably result when a superhero attempts to fight injustices in other nations. How can Superman continue to do what he believes is right on a world stage, when his American citizenship makes his actions appear to be official U.S. policy? Obviously, becoming a superman without a country is the remedy. Continue reading →

Don’t Cheer Mississippi’s Westboro Baptist Tactics Too Loudly: You Never Know Who Might Hear You

/ Jack Marshall / 26 Comments

"Demonstrators? Just leave them to us."

Sgt. Jason Rogers, who was killed in action in Afghanistan, was buried two weeks ago in Brandon, Mississippi. As is its custom, the Westboro Baptist Church, fresh from U.S. Supreme Court-confirmed constitutional protection, was prepared to sully Sgt. Rogers’ funeral with its usual hateful chants about how God kills our soldiers to punish our sinful, homosexual-loving ways. Its plans were foiled, however, by a little bit of traditional Mississippi social control ingenuity.

A couple of days before the funeral, one of Fred Phelps’ vile cultists boasted about the upcoming protest while visiting a Brandon gas station, and the good citizenry on the scene gave him the sound beating they felt his sentiments warranted. Continue reading →

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

/ Jack Marshall / 38 Comments

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading →

Comment of the Day: “The Hazing Abuse of Michael Warren”

/ Jack Marshall / 3 Comments

Reminding us that one or even several incidents can’t give us the full whole measure of an organization, Hartwick College alum Fred Stoss recalls an act of courage and principle by the fraternity that hazed Michael Warren. Let Fred tell the story:

“I cannot defend the actions of what happened to Mr. Warren. I am a member of Alpha Delta Omega Fraternity, having pledged in 1969 and served as its President from 1971 to 1972. During this time our fraternity was a rather diverse community of whites, blacks, browns, Protestants (Hartwick was then a Lutheran College), Catholics, and Jewish. There is, however, a piece of ADO history (taken from the ADO FaceBook site) that deserves mention: Continue reading →

Ten Lessons from the “Dog Wars” Debate

/ Jack Marshall / 8 Comments

Wait! Calm down! This is a CARTOON dog.

The “Dog Wars” Android phone app is apparently down for the count, the victim of too many complaints, threats and accusations that it was evil and irresponsible and promotes real, live dog-fighting, even though almost nobody sane makes similar claims about other video games. As with the subject of most posts on Ethics Alarms, however, the ethics issue lingers on, whether or not the specific incident that sparked the commentary has been resolved.

The comments, often passionate, that this post elicited have been fascinating, and had much to teach, even when the comments themselves were dubious. Here are ten lessons from the debate over the game and the Ethics Alarms commentary about it.

1. Ethics alarms aren’t always right. So many comments about “Dog Wars”, here and around the web, consist of various versions of, “That’s just wrong!” Well, why is it “just wrong”? Continue reading →

Comment of the Day: “The Hazing Abuse of Michael Warren”

/ Jack Marshall / 3 Comments

Frequent commenter and anti-child abuse advocate Steven Mark Pilling catalogues the defenses and rationalizations offered here by collegiate commenters who thought my post was overly hard on pro-hazing Hartwick College. The references to “Hounddog” relate to a thankfully buried film shot five years years back that required a 12-year-old Dakota Fanning to be the victim in a graphic rape scene with an adult actor. Steven, along with Paul Petersen and others, successfully exposed the film’s skirting of laws and exploitation of Fanning. You can read my ethics commentary on that horrible story here and here.

“Jack: In reading those collegian posts and your responses, I almost had a feeling of deja vu. Isn’t it amazing how all the excuses and means of “defending the indefensible”- no matter what the specific issue- have points of commonality that immediately grab at you? When I was involved in the “Hounddog” issue, I ran into them all. I see many of them here… Continue reading →

Ethics Hero: Attorney Paul Clement

/ Jack Marshall / 23 Comments

John Adams defended the guys in red, and Paul Clement understands why.

Law firm King & Spalding announced Monday that it would no longer represent congressional Republicans regarding the constitutionality of the Defense of Marriage Act (DOMA), the controversial 1996 legislation that defines marriage as being only between a man and a woman.. In response, the firm’s chief appellate lawyer, Paul Clement, who was handling the case, resigned from the firm.

In February, the Obama administration announced that its Justice Department would refuse to defend DOMA in a number of lawsuits, an unusual, controversial and troubling decision. It doesn’t take a lot of imagination to conceive of other federal laws another administration might decide to render dead letters by non-defense despite being duly passed by the people’s representatives. A government has an obligation to duly execute its laws or repeal them. The policy of the Administration regarding DOMA raised issues of governmental integrity quite separate from the provisions of the law itself. Continue reading →

Why I Hate Hate Crime Laws

/ Jack Marshall / 16 Comments

Just do it with love, and they'll be lenient...

I did it to myself, I confess: reminding myself of the nation’s offensive hate crime laws while writing about the McDonald’s beating, pausing in the middle of the main theme of the post to note the foolishness of investigating whether or not an unprovoked attack qualifies as a hate crime. Hate crime laws infuriate me every time I think about them, because they represent the lowest and most cynical form of cultural values-setting by lawmaking, an important governmental task that is increasingly a lost art, because today’s lawmakers care more about posturing and power than values.

Two unidentified men beat Bryan Stow, a 42-year-old paramedic, senseless in the parking lot outside Dodger Stadium on opening day. Why? He was wearing a San Francisco Giant jersey, and it was Dodger territory. Continue reading →