Why “Cheating the Hangman” Is Unethical

Brandon Joseph Rhode, a convicted killer who attempted suicide hours before he was to be put to death yesterday by injection, had his execution postponed by the Georgia Supreme Court. He tried to slit his wrists and his throat, but was stopped in time to save his life.

This happens every now and then, and when it does someone always asks why the State doesn’t just let the condemned do its job for them and let the prisoner die. The reason is that it would be wrong, in a couple of ways: Continue reading →

Is “Have a Nice Day, You Piece of Shit!” An Unethical Goodbye?

An ethics complaint has been filed against an Illinois attorney who, as he left a courtroom, bid farewell to his opposing party with the words,  “Have a nice day, you piece of shit!” The alleged legal ethics violations are Illinois Rule 4.4, which prohibits using means that have” no substantial purpose other than to embarrass, humiliate or burden a third person,” and Rule 8.4, which among its provisions forbids “conduct prejudicial to the administration of justice.”

It seems unlikely that the Illinois Bar will find these Rules to have been violated to the extent justifying discipline. Make no mistake: the statement is unethical. Continue reading →

Guest Commentary: “When Children Work; A Dialogue”

By Paul Petersen

[Paul Petersen is the founder and president of A Minor Consideration, a non-profit advocacy group that seeks to protect the welfare of juvenile performers. Mr. Petersen was a prominent child star himself, most famously as “Jeff Stone” on the long-running TV comedy, “The Donna Reed Show.” The following commentary, also posted on his website, is inspired by the hearings this week on proposed child labor legislation in Pennsylvania, where “Jon & Kate Plus 8” was filmed. The legislation proposed  by State Representative Tom Murt defines reality television and would require all minors to have work permits issued by the state Department of Labor and Industry to ensure all adequate provisions have been made for the minor’s educational instruction, supervision, health and welfare. The bill also provides that minors can only work between 7 a.m. and 10 p.m., and sets guidelines for the amount of hours, work, recreation, school and activities per day. A certified teacher would be required on the set of any production to monitor working conditions, and the bill would require 15 % of a child actor’s gross earning be set aside by the employer in a trust.]

Imagine if your boss unilaterally declared that your time spent in a commercial workplace wasn’t work at all but merely “participation.” That might be said of the drug store cat, or a barnyard animal, but to say that about a living, breathing, conscious human being passes all understanding. Yet that is precisely the position taken by reality show Producers and the Networks that broadcast commercial products called “reality shows” that feature children. Continue reading →

Unethical Quote of the Week: White House Economic Adviser Austan Goolsbee

“The vice president was talking about the summer of recovery in reference to the Recovery Act, that you would see the creation of a series of infrastructure and other projects ramping up over the summer. And you did see that.”

—White House Economic Advisor Austan Goolsby, when asked on “Fox New Sunday” about Vice President Biden’s proclamation in June that this would be “the summer of recovery”—a predication that has fallen embarrassingly flat, and that sounded rash and even silly at the time.

Of course, nobody but nobody really believes that Biden wasn’t talking about jobs when called this the “summer of recovery.” Continue reading →

Impolitic Question Dept.: Is It Unethical For Americans To Dislike Islam?

To read the bulk of the letters to the editor in the New York Times, Americans not only must extend full Constitutional rights to the worshippers of Islam (as they must), but they also better like it. Not being enthusiastic about the prominent physical manifestation of the religion in a neighborhood that witnessed the murder of nearly 3,000 innocent victims by that religion’s followers has been called evidence of bigotry, mindless hate, and “Islamophobia,” as if there are no rational and reasonable justifications for regarding Islam as a less than positive addition to the United States culture.

On the contrary, there are many tenets of Islam that are directly antithetical and in opposition to core American values. Continue reading →

“Let the Buyer Beware”? How about “Let the Seller Be Fair” and “Let the Pitchman Beware”?

A recent perusal of some developments in the ghastly realm of false advertising suggests several conclusions:

1. Too many merchants and vendors traffic in deceit, misrepresentation, and out right lies in order to separate trusting customers from their money.

2. The law is a pretty blunt instrument when it comes to controlling this. Too many tricks and tricksters, seldom enough evidence.

3. The ancient common law rule of “Let the buyer beware!” is less a warning to gullible purchasers than it is a green light for unethical business practices.

4. For every instance of dishonest advertising that is stopped, there are probably hundreds that slip by.

5. Anti-government types looking for legitimate uses of taxpayer funds for critical government regulation of private enterprise should start here.

For example: Continue reading →

“No Tolerance” For Adversary Free Speech at Obama’s HHS?

According to a press release sent out by the Department of Health and Human Services, “Secretary Kathleen Sebelius wrote America’s Health Insurance Plans (AHIP), the national association of health insurers, calling on their members to stop using scare tactics and misinformation to falsely blame premium increases for 2011 on the patient protections in the Affordable Care Act.” In her letter, Sibelius wrote…

“It has come to my attention that several health insurer carriers are sending letters to their enrollees falsely blaming premium increases for 2011 on the patient protections in the Affordable Care Act.  I urge you to inform your members that there will be zero tolerance for this type of misinformation and unjustified rate increases.”

This is an ethics foul, and one that is both frightening and clumsy. Continue reading →

Googling Potential Jurors in Court: Not Unethical, Just New

I sometimes facetiously tell legal ethics classes that the average judge is ten years behind the average lawyer in technological acumen, who is five years behind the average 13-year-old. The law and legal ethics consensus is always playing catch-up with technological developments, and every time technology is put to a new or unexpected use in a trial, some judge may react to it like a Cro-Magnon encountering his first flame.

This happened recently in the case of Carino v. Muenzen (N.J. Super. Ct. App. Div.) During jury selection, plaintiff’s counsel began using his laptop computer to go to the Web and seek  information on prospective jurors. Defense counsel objected,  and the following exchange took place: Continue reading →

Are Restaurants That Hire Illegal Immigrants Ethical?

No.

Next question.

Okay, let’s not be hasty. The New York Times Diner’s Journal asks the question, invoking the images of the 2004 film “A Day Without a Mexican,” in which all of California’s Mexicans suddenly disappear and the state is thrust into a world with far fewer gardeners, nannies, fruit-pickers, maids, cooks, and dishwashers. The film is the high-water mark of the essentially unethical rationalization for illegal immigration that is one of the main culprits for America’s unconscionable tolerance of it—that without illegals, the economy and quality of life of Americans would break down.

That the argument makes any sense at all is really a strong reason to stop illegal immigration, because it shows what happens when illegal and unethical practices becomes so entrenched that they warp the institutions, systems and cultural norms they affect, and corrupt the citizens who take advantage of them.  Continue reading →

Sheyla Hershey’s Mega-Breasts and the Ethics of Assisted Self-Destruction

The current bicycle ordeal commenced by the Vogel family was sold to the family’s twin boys as a chance to get into the Guinness Book of Records. That publications has been used to justify more self-destructive conduct than the complete works of Ernest Hemingway, and here’s another example: Sheyla Hershey, owner of the world’s largest breast implants (size M, supposedly) according to Guinness, just had to have them removed because of serious infections. They were also “uncomfortable,” she has told reporters.

Gee, who could have seen that coming? Continue reading →