Law & Law Enforcement

Charlie Rangel’s Defense and Buster Olney’s Fallacy

/ Jack Marshall / 1 Comment

Charlie Rangel’s defense against the ethics charges against him is, in part this: I’m not the only one, so it’s unfair to punish me.” From the Washington Post:

“He was not the only lawmaker to solicit donations in this manner, his lawyers argue, saying that peers who did the same thing were not punished. With a trial of Rangel by the House ethics committee possible by mid-September, his legal team reached across the Capitol to point a finger at Senate Minority Leader Mitch McConnell (R-Ky.), who helped raise money for a center named for him at the University of Louisville. Rangel’s team cited similarities with the recently deceased Sen. Robert C. Byrd (D-W.Va.) and with former Republican senators Trent Lott (Miss.) and Jesse Helms (N.C.).”

OK, a question: what’s the matter with that argument? Continue reading →

Ethics Tip For Police Being Videoed: Smile!

/ Jack Marshall / 5 Comments

Every now and then one learns about a practice that seems so obviously wrong that it is difficult to believe it could really occur in America. The police’s broad power to confiscate property used in the commission of a crime stunned me when I first read about it in law school. Municipal government use of the power of eminent domain to take private property and turn it over to corporate interests for profit-making development, as in the Kelo case, was another example. During the health care reform debate, I learned that our elected representatives not only didn’t bother to read major legislation, they thought there was nothing wrong with not reading it. I’m still scratching my head over that one.

The increasingly common phenomenon of police arresting citizens for recording arrests and other police activity on video is the most recent example of conduct that is so wrong it is hard to believe it happens—but it does. Continue reading →

Gallup Poll: Trust in Freefall

/ Jack Marshall / 3 Comments

The Gallup poll has released its survey of the public’s trust in various institutions, and also shows whether the public’s trust has increased and decreased over the past year. No surprises: virtually every institution has lost public trust, with only the medical system and big business (which hit a historic low in 2009) improving more than a percentage point.

The bottom of the barrel? Why Congress, naturally. You had to ask?

And the biggest drop in trust since last year, by far, goes to the institution of the Presidency, down 15%. No other institution declined half as much.

For a system of government uniquely dependent on mutual trust, this poll is more than bad news. It is a warning. Continue reading →

The Arizona Statute Injunction Ethics Verdict: Judge—Right; Arizona—Right; Federal Government—Unethical

/ Jack Marshall / 8 Comments

I was waiting at a long line in a local CVS, with no clerk in sight. It was late at night; a couple of my fellow customers actually shouted for assistance. We had been there with no service for more than ten minutes, and not a single employee was in evidence. Finally, I stepped out of line—past a police officer, who was also waiting, grabbed the microphone on the counter, turned it on, and announced in stentorian tones: “There is a long line at the check-out counter! Will a CVS employee please report to the front of the store? Thank you!”

The line of people applauded. The police officer smiled and gave me a thumbs up. The clerk, full of apologies, arrived and began taking our money.

Did I have a legal right to use the microphone? No, I did not. But I still did the right thing, and I would do it again.

This is, I believe, the proper way to think about the federal judge’s decision today to block the key provisions in the Arizona anti-illegal immigration law until further examination by the courts. Continue reading →

Ethics and the Killer’s Liver

/ Jack Marshall / 6 Comments

Johnny Concepcion, a 42-year-old man accused of stabbing his wife to death,  received a liver transplant at New York-Presbyterian/Columbia University Medical Center in New York, raising the natural question, “WHAT?!!”

Or to be more precise: Wouldn’t it be more ethical to withhold a life-saving liver transplant from such a man, and give the liver instead to someone who isn’t a blight on society and likely to spend the rest of his life in prison?

No.

Continue reading →

Free Speech or Theft? The Law and Ethics of Stolen Valor

/ Jack Marshall / 5 Comments

The U.S. District Court in Colorado ruling in the case of  US v. Strandloff, has found the “Stolen Valor Act,” 18 U.S.C. § 704(b) & (d), to be an unconstitutional infringement of free speech.  Rick Strandloff represented himself as a wounded decorated Iraq War veteran in order to rally support for veterans and opposition to the war. The original Stolen Valor Act of 2005 criminalized the wearing of military medals an individual was never awarded; later, it was expanded to included the crime of falsely saying or writing that one has been given military honors for valor. The Act says, in part, that it is a crime to…

…falsely represent [oneself], verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item …

Deciding an issue like this inevitably comes down to both law and ethics. Not all speech is protected by the First Amendment, and deciding how many kinds of speech we can sensibly and reasonably prohibit requires a court and a culture to think about just how bad—how wrong–certain kinds of speech may be, based on their actual and potential harm. Continue reading →

Note to Lawyers: Celebrities Have Confidences Too

/ Jack Marshall / 2 Comments

Eric Turkewitz, on his New York Personal Injury Law blog, properly and pointedly flags an outrageous instance of a lawyer running to the press with information the professional ethics rules governing lawyers say that he must keep  confidential absent permission to reveal them.

Stuart Goldberg, a Chicago criminal lawyer, was consulted by former child actress-turned-celebrity-bad-girl-turned-prisoner Lindsay Lohan as she sought new counsel to help her with her long-running legal woes. Lohan decided to pay her legal bills to someone else, and it was the first smart move Lindsay has made in a long, long time. Goldberg demonstrated his trustworthiness by dashing over to People Magazine and blabbing about his impressions of Lohan during their meeting as well as the content of their discussion. Continue reading →

Rebuttal on the Trial Lawyer Deduction

/ Jack Marshall / 5 Comments

Following the argument of reader Bob Stone, a trial lawyer blog makes a strong pitch that the Obama deduction for his up-front expenses—criticized in Ethics Alarms—in contingency fee cases is reasonable and fair, because other small businesses can deduct similar expenses. Continue reading →

Unethical Quote of the Week

/ Jack Marshall / 2 Comments

“I hate to open this can of worms but is there any reason why the FCC couldn’t simply pull their broadcasting permit once it expires?”

—Jonathan Zasloff, a law professor at UCLA, suggesting on the mailing list “Journolist” that the federal government take Fox News off the air.

How is this unethical? Let me count the ways: Continue reading →

Fairness to Blago

/ Jack Marshall / Leave a comment

Impeached Illinois Governor Rod Blagojevich stunned everyone in the courtroom, including prosecutors, when he declined to take the stand in his own defense in his corruption trial. Continue reading →