Law & Law Enforcement

When Law Professsors Attack!

/ Jack Marshall / 38 Comments

On his excellent blog “The Ethical Lawyer,” Franco Tarulli sounds a perceptive, and unusual, ethics alarm.

On January 11, 2011, there was another botched police raid at the wrong house, this time in the San Francisco suburb of Castro. Police had apparently given a mistaken description of the house that was supposed to be raided when they sought the warrant. As a result, innocent law professor Clark Freshman was put in handcuffs and scared out of his wits, as police ignored his objections that they had the wrong house. Continue reading →

What the Realtor Didn’t Tell You About Your New Home

/ Jack Marshall / 34 Comments

"Conveys with property"

From the Boulder, Colorado real estate listings:

FOR SALE: $2,300,000

“Stunning, updated, classic Uni-Hill home. Elegance of past generations combined with modern updates make this home unique. Huge rooms, great light and an over-sized, gated lot on a fine street just a short walk from CU and Chautauqua. Beautiful high-end kitchen, a large terrace with a view and a master suite which encompasses the entire upper level and has stunning views. Nicely finished basement with high end finishes, wet bar & wine cellar. Too many features to mention in this beautiful home.”

One of those “features”: JonBenet Ramsey was found dead in that nicely finished basement, and was almost certainly murdered in the house.

Oh, that. Continue reading →

Ethics Lost in Dallas Lost and Found Policy

/ Jack Marshall / 4 Comments

Texas schoolteacher Gwen Patterson in Dallas found $470 cash and turned it in to the police as lost. The police said they would make the usual efforts to locate the owner. Gwen assumed she would hear if the money was claimed, and if it was not, that she would be contacted to pick up the cash herself. “I didn’t plan a big party, but I thought I could donate to some animal charities, and a relative is out of work,” she said. After four months of futile calls and being given the runaround, she was told that Dallas’ official policy is not to return lost money and valuables to the honest finder who turned it in, but to keep it. Continue reading →

The Wrestler, the Girl, and Cultural Confusion

/ Jack Marshall / 7 Comments

"Wanna wrestle?"

Sixteen-year-old high school sophomore wrestler Joel Northrup forfeited his match against a fourteen-year-old wrestler with two X chromosomes, Cassy Herkelman, at the Iowa state wrestling championships, saying that “As a matter of conscience and my faith I do not believe that it is appropriate for a boy to engage a girl in this manner.” Obviously Herkelman didn’t require protection from anyone or anything. She was her district’s 112-pound champion wrestler, and she won the Iowa championship for her class as well.  Cassie had won 20 of 33 matches, all against male wrestlers, on her way to the state championship. Maybe Northrup didn’t want to risk being ridiculed for losing to a girl; maybe he was uncomfortable with the sexual overtones of an inter-gender contest. All we can do is assess his conduct by taking him at his word: he believes a young man wrestling a young woman is morally wrong, and was willing to forfeit a match he might have won. Joel was, after all, the fifth-ranked wrestler in the state at 112 pounds, and had a 35-4 record.

Was his decision admirable, or sexist? Was it gentlemanly, or demeaning? Continue reading →

“The Strange Case of the Threatening Hypothetical”, Continued: The Verdict Is In!

/ Jack Marshall / 4 Comments

The Victim

Lawrence Connell, the Widener School of Law criminal law professor placed on administrative leave for using the school Dean in a “violent scenario” to illustrate legal principles to his class, has given a revealing and clarifying interview to the National Association of Scholars website.

This section is most relevant to his current plight, and the fairness of complaints leveled against him by some of his students. It’s also about one of my favorite topics in criminal law, attempt law, which has a significant ethical component, as you will see. But the main point of interest is that includes one of the supposedly racist, sexist, threatening hypotheticals he used.

Q: Can you give me an example of a hypothetical you might have used in class, to which the students who complained might have been referring? Can you describe the context in which you would have used it? Continue reading →

A Strong Consequentialist Argument for Steve Jobs’ Liver…But Is It Right?

/ Jack Marshall / 2 Comments

Steve Jobs and friend

Back in June of 2009, when “Ethics Alarms” was but a twinkle in my eye, there was a momentary controversy when ailing Apple CEO Steve Jobs was able to use his enormous wealth to land on multiple regional organ transplant lists, thus vastly improving his chances of getting a precious liver transplant in time to save his life. The California native ultimately got a Tennessee liver, but critics cried ethics foul. The organ transplant distribution system is not supposed to be based on wealth: otherwise, why not just auction off livers to the highest bidders? Because most insurance companies won’t cover multiple listings, only the richest patients can afford to employ this strategy, meaning that a system that is supposed to be means-neutral favors the wealthy after all. Continue reading →

Unethically Leaked Unethical Manuscript Shows That Sarah Palin Is Unethical

/ Jack Marshall / 4 Comments

The Anchorage Daily News has obtained a leaked (read: stolen) manuscript of an unpublished book detailing a close former aide to Sarah Palin’s discovery of the Republican star’s many character flaws. Among other items, the book suggests that she knowingly violated federal election laws.

Now what? Let’s run down the ethical docket: Continue reading →

Good-bye and Good Riddance to Bush’s Unethical “Conscience Clause”

/ Jack Marshall / 1 Comment

The Obama Administration has deep-sixed a controversial Bush Administration rule that permitted a wide variety of health care workers to  refuse to administer treatments they found morally repugnant, what the Bush administration termed workers’ “right of conscience.”

Hospitals and clinics faced a loss of federal funds if they failed to uphold the rule, which itself was ethically repugnant. Kudos, thanks and hosannas to President Obama for getting rid of the Federal variety; some states, regrettably, still have them.

The American Medical Association’s position on the matter, embodied in a resolution passed by its membership, is clear and well-reasoned. Its reasoning applies to health care workers though the specific subject of the resolution was pharmacist conscience clauses.

The AMA’s resolution, “Preserving Patients’ Ability To Have Legally Valid Prescriptions Filled,” states: Continue reading →

The Strange Case of the Threatening Hypothetical

/ Jack Marshall / 5 Comments

Lawrence Connell, a tenured associate professor at Widener University School of Law in Delaware, is fond of using famous or familiar people in the hypotheticals he presents to his criminal law class.  One of his imaginary scenarios involved him as a murderer, and the school’s Dean as his victim. Now he is on administrative leave from the school, as administrators investigate  him for using “violent scenarios” that some students complained violated the school’s discrimination and harassment codes.

Widener University spokesman Dan Hanson, meanwhile, has declined to provide more details on the matter, but insists that Widener is committed to academic freedom.

Right. Continue reading →