Law & Law Enforcement

Ethics Dunce: Evan S. Cohen

/ Jack Marshall / 2 Comments

The New York Times has a provocative examination of the ways cyber-bullying and abusive social networking sites and posts are challenging schools and courts. It also exposes a particularly cruel Ethics Dunce, Evan S. Cohen.

In 2008, Cohen’s daughter videotaped her friends as they mocked and made vicious comments, some of them sexual about another eighth-grade girl. Then Cohen’s daughter posted the video on YouTube, traumatizing its victim.  The school was alerted by the devastated girl’s parents, and then suspended Cohen’s daughter for two days.

Daddy, however, is an attorney, and he knows overstepping authority when he sees it. He sued the school district, arguing that the school couldn’t reach into his daughter’s off-campus activities and punish her for them. Of course, he was right, and won the lawsuit. He also won $107,150.80 in costs and lawyer fees. Continue reading →

The Slippery Slopes of Religious Freedom and Female Genital Mutilation

/ Jack Marshall / 2 Comments

The American Academy of Pediatrics slipped on the slipperiest of ethical slopes when earlier this year it attempted to balance multi-culturalism with pragmatism and traditional medical ethics. The topic was the genital mutilation of young girls in a form of (so-called) “female circumcision” practiced by some Muslims, in which the clitoris is cut and mutilated in order to make future sexual activity less enjoyable, thus ensuring a female’s “virtue.” The AAP argued that its members could ethically agree to inflict a lesser “nick”—a ritual drawing of blood— to fulfill a patient’s parents’ request for the ritual cutting, because to do otherwise might lead to greater harm to a girl’s genitalia if the parents sought a full-fledged mutilation abroad or elsewhere.

This policy effectively repealed the ancient ethical standard of “First, do no harm” by employing the versatile rationalization, “If I don’t do it, someone else will.” Predictably, women’s rights advocates were horrified. Equality Now proclaimed in May… Continue reading →

Ethics Quote of the Week

/ Jack Marshall / Leave a comment

“You gotta understand, there were only 28 people who had my job in the whole world. And thousands of people wanted those jobs, and every year, there were guys trying to take my job. So I needed to do anything I could to protect my job, take care of my family. Do you have any idea how much money was at stake? Do you?”

—Former Mets and Phillies star Lenny Dykstra, explaining why he used banned and illegal anabolic steroids throughout his career Continue reading →

Ethics Outrage and Cover-Up: Racial Bias At the Justice Department

/ Jack Marshall / 5 Comments

The story told by former Department of Justice attorney J. Christian Adams is shocking in many ways. It shows an abject refusal of Attorney General Holder’s D.O.J. to enforce the law equally with black and white. It shows sympathy within the Obama Administration for, of all, groups, the Black Panthers, a racist organization. It details perjury by high-ranking officials, and a hard breach of President Obama’s pledges to uphold the rule of law, embrace transparency, and to embody a post-racial philosophy. Finally, it shows the same kind of manipulation of law enforcement by ideological zealots that stained the Bush Department of Justice. Continue reading →

Florida Lawyer Quits For The Right Reason, But Will Get Credit For The Wrong One

/ Jack Marshall / 1 Comment

Florida lawyer Dan Gelber quit his law firm, Akerman Senterfitt, after BP hired the firm to represent it in the oil claims process. This will undoubtedly help him in his campaign for Florida Attorney General (Gelber is currently a state senator). His decision to resign is a very prudent and ethical one, but not for the reason most Floridians will think. Continue reading →

Desperate Lie of the Week

/ Jack Marshall / 2 Comments

A Connecticut television station traffic reporter, Desiree Fontaine was caught by security personnel as she apparently tried to shoplift a Hawaiian shirt, a bottle of cologne, two pairs of earrings and a necklace from a Sears store. When she was apprehended, Fontaine explained that she was shoplifting as part of a freelance reporting project she was doing “on the side.” Presumably this will set up a First Amendment defense at her trial, with her lawyer arguing that shoplifting is protected by Freedom of the Press. Continue reading →

The Kagan Hearings: The Right Thing For Republicans To Do

/ Jack Marshall / 12 Comments

There is not one chance in a thousand that they will do it, of course. But Senate Republicans can do much good for the country, the political culture, and, in the long term, themselves, if they would undertake a courageous, principled and ethical act: confirming Elena Kagan to the Supreme Court, after establishing her qualifications to serve, by an overwhelming if not unanimous vote. Continue reading →

The Unethical Character Assassination of Albert Gore, Jr.

/ Jack Marshall / 4 Comments

Not one but two celebrities have recently had their public image and reputation battered by the publishing of police reports that they had been accused of sexual misconduct in alleged incidents that could not be confirmed sufficiently for the police to bring charges. One was New York Mets ace pitcher Johan Santana, who was already battling uncharacteristic ineffectiveness on the mound. The other was former Vice-President Al Gore, who also has more than enough problems in his life: such as a shattered marriage, a reeling climate change policy campaign, and the lingering memory that he received the most votes in a Presidential election yet somehow never got to live in the White House. Santana’s reputation will survive if he recovers the location on his fast ball. Al Gore, however, is genuinely and seriously harmed by the claims of a masseuse who says that Gore attempted to turn her professional massage into a forced sexual encounter. Continue reading →

Nefredo v. Montgomery County: Ethical Treatment for Fortune-tellers

/ Jack Marshall / 19 Comments

Or should that be “ethical treatment for charlatans”?

In the case of Nefredo v. Montgomery County, the Maryland Court of Appeals ruled that it was an infringement of the Right of Free Speech for the Montgomery County, Md., to deny a business license to a fortune-teller on the basis of a County ordinance that declared charging a fee for fortune-telling services was a crime. The ordinance states:

“Every person who shall demand or accept any remuneration or gratuity for forecasting or foretelling or for
pretending to forecast or foretell the future by cards, palm reading or any other scheme, practice or device shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code; and in any warrant for a violation of the above provisions, it shall be sufficient to allege that the defendant forecast or foretold or pretended to forecast or foretell the future by a certain scheme, practice or device
without setting forth the particular scheme, practice or device employed…” Continue reading →

Ethics Audit: the Deep-Water Oil-Drilling Ban Saga

/ Jack Marshall / 9 Comments

President Obama’s ban on deep-water oil drilling in the wake of the Deepwater Horizon Gulf oil disaster pits important ethical values against each other: fairness vs. responsibility. On both sides of the equation is prudence. New Orleans federal judge Martin Feldman over-ruled the ban and issued an injunction against it, saying in effect that there was no contest: the ban isn’t fair, prudent, or responsible.

The Obama Administration’s ethical argument supporting the ban goes something like this: Continue reading →