Law & Law Enforcement

My Favorite Lawyer Discipline Story of the Year

/ Jack Marshall / Leave a comment

I thought nothing could make me smile in 2010 like the lawyer who told her client she was possessed. This isn’t as spectacular, but it sure is welcome.

The Illinois Administrator has filed a complaint alleging that an attorney falsely certified that he had completed online Continuing Legal Education ( CLE) courses when he actually had his secretary watch the seminars and respond to the periodic prompts required that are supposed to prove that the lawyer is paying attention.

From the complaint: Continue reading →

Unethical Quote of the Week: The Los Angeles Times

/ Jack Marshall / 11 Comments

“If you can’t handle such a minor inconvenience, perhaps you should stay on the ground.”

—The Los Angeles Times Editorial Board, in an editorial called “Shut up and Be Scanned,” dismissing the objections of travelers who find the gonad and breast-fondling patdowns now being used by TSA screeners embarrassing and obtrusive. Continue reading →

Leslie Johnson, the Implications of Guilt and the “Innocent Until Proven Guilty” Confusion.

/ Jack Marshall / 2 Comments

In the context of American justice, “innocent until proven guilty” means that nobody is legally guilty of a crime until a court proceeding has ruled so after a fair trial. The term is nowhere in the Constitution or Bill of Rights; it flows from the Due Process clause of the Fifth Amendment, requiring that no one can lose his or her freedom or property without due process of law. What it does not mean is that a wrongdoer is literally innocent of a crime until a jury or judge has officially declared that he is. If he did something, he did it, and if we all know he did it, we don’t have to pretend he didn’t or that we don’t.

I saw Jack Ruby shoot Lee Harvey Oswald on television and get taken into custody on the spot, and still had to listen to broadcasters say he “allegedly shot Kennedy’s assassin” as if it was still just a theory. By this standard, John Wilkes Booth only “allegedly” shot Lincoln, since he was never tried. The fact that a theater full of people saw him do it, leap to the stage and run off derringer smoking, doesn’t mean a thing. He’s as pure as the driven snow, innocent forever. Continue reading →

The Internet Censorship Bill and Escalating Abuse of Government Power: Why Do We Continue to Trust These People?

/ Jack Marshall / 4 Comments

Yesterday, the Senate Judiciary Committee unanimously approved a bill giving the U.S. Attorney General the power to shut down any website with a court order, if  he determines that copyright infringement is  “central to the activity” of the site.  It doesn’t matter if the website has actually committed a crime, and there is no trial, which means that the law is a slam dunk violation of the U.S. Constitution.  The Combating Online Infringement and Counterfeits Act (COICA) is a little goody bought by the lobbyists and PACs of Hollywood, the recording industry and the big media companies, to block the rampant internet file sharing that has cost them a lot of money in lost sales and profits over the past decade.

I am adamantly opposed to filesharing and the ethically dishonest arguments used to defend it, most of which begin with “Everybody does it.” I sympathize with the artists whose work is being stolen, and the companies who have complained to Congress. But all the strong condemnation of filesharing by lawmakers and corporate executives doesn’t change a central fact: the Constitution says you can’t do what COICA allows. It says this in at least two places: the First Amendment, which prohibits government interference with free speech, and the Fifth Amendment, which decrees that property can not be taken from citizens without Due Process of Law. A law that lets a government official just turn off a website without a hearing or showing of proof? Outrageous. and unconstitutional. Continue reading →

The Ghailani Verdict Spin

/ Jack Marshall / 8 Comments

Terrorist and mass murderer Ahmed Khalfan Ghailani was acquitted this week of 284 counts of murder , deaths that he unquestionably engineered, planned, a brought about in the 1998 bombings of the U.S. embassies in East Africa. He was convicted of just one count: conspiracy to destroy U.S. property and buildings. Since one logically cannot conspire to destroy buildings with people in them and not be guilty of murder, the verdicts make no sense. There was indeed plenty of evidence presented to prove Ghailani  guilty of all the murder counts beyond a reasonable doubt, but this was just a bad jury, or to be more precise, a jury with a bad juror. We now know that one women held out against the rest, insisting on acquittal for the murder charges for reasons known only to her. Maybe she thought he was Ghailani. Maybe she wanted to make the Obama Administration, and specifically the Department of Justice, look inept, though it hardly needs any assistance. Maybe she’s a fan of terrorism. Maybe she’s just a dolt….who knows? The bottom line is that a terrorist got away with murder. Continue reading →

Unethical Lawsuit Files: The Golfer and the Diner

/ Jack Marshall / 13 Comments

The tort system  evolved to ensure that those injured by the recklessness, maliciousness or negligence of others can enlist the courts and juries to help them be made whole. It presumes, but, sadly, does not require, a measure of fairness, proportion, personal responsibility, forbearance, prudence, empathy, and common sense, as well as a lack of greed.

Two recent lawsuits, involving a golfer and a diner, illustrate how an otherwise good system can be used unethically.

First, the Diner: Continue reading →

Anatomy of An Unethical Report on the Cost of S.B. 1070

/ Jack Marshall / 3 Comments

The Center for American Progress is out with the results of a study that purports to show the adverse economic effects that Arizona’s economy suffered as the result of conference cancellations and economic boycotts in the wake of the state’s controversial S.B. 1070, which gave police the authority to check on citizen status under some circumstances.

The study itself is fine; it is by a reputable research group, and anything can be studied. The Center’s use of it is manipulative, deceptive and hypocritical, however. Continue reading →

“How Not To Apologize” by Cook’s Source Editor Judith Griggs

/ Jack Marshall / 11 Comments

Not many of you chose to read about the “Cook’s Source” fiasco, which is a shame. It is admittedly a tiny blip on the ethics radar screen–a dispute between a writer and a narrow audience website that launched an Internet vigilante movement—but there are many useful lessons to be learned. Now one of the two key figures, “Cook’s Source” editor Judith Griggs, has generously provided us with yet another: how not to apologize. Continue reading →

The Pat-Down Rebellion: Government Arrogance and Abuse of Power, Meet American Culture

/ Jack Marshall / 9 Comments

We may be seeing a sterling example of the innate American resistance to intrusive and excessive authority, just when it looked as if many citizens were prepared to  accept reductions in their dignity, privacy and freedom that past generations would never have countenanced.

As usual, the fuse has been lit by a combination of incompetence, bad management, and arrogance. Since the tragedy of 9-11, airplane passengers have been remarkably passive and tolerant in accepting increasingly inconvenient and de-humanizing security procedures at airports. They have allowed political correctness to hold sway over fairness and logic, subjecting decrepit seniors,  ten-year-old girls and U.S. Senators to aggressive wanding rather than employing reasonable profiling techniques. They have allowed near-miss terrorist attacks caused by sloppy Homeland Security procedures and execution to be addressed by punishing the public with increasingly more intrusive search techniques. But when new procedures involving full-hand body searches were recently instituted without due warning, while the new full-body scanning devices were standing unused because of a shortage of trained personnel, anger, resistance and traditional American refusal to be pushed around finally made their appearance. Why, passengers are asking, must they be molested to compensate for intelligence failures? Where are reasonable alternatives? Why are we being treated this way? Continue reading →

The Unethical “Dream Act”

/ Jack Marshall / 10 Comments

In the upcoming lame-duck session of Congress, Democrats are going to push for passage of the Dream Act, the poison pill Sen. Harry Reid cynically attached to legislation that would have resulted in ending “Don’t Ask, Don’t Tell” right before the November elections. The G.O.P. blocked the provision, which was really just Harry’s (successful) effort to stave off defeat in his re-election bid by pandering to the Hispanic vote. The fact that he ensured the perpetuation of DADT with his gambit was, as they say, collateral damage.

The Dream Act, however, should have been defeated, and it should be defeated again. Its most recent Senate version was called the Development, Relief and Education for Alien Minors Act. In the House, it was called the American Dream Act. The versions provided essentially the same path to citizenship for, as the bills euphemistically put it, “certain long-term residents who entered the United States as children.” Continue reading →