Friend and reader Loren Platzman alerted me to the article, “Walk Away From Your Mortgage!” in the Sunday Times Magazine ( the magazine was, in fact, sitting unopened by my desk at the time. Some days, I just know that reading Randy Cohen’s “The Ethicist” column is going to ruin my weekend.) The thrust of the article, an installment in the “The Way We Live Now” series, is that American cultural tradition has reinforced the belief that there is something unethical and shameful about voluntarily letting the bank foreclose on a property when falling property values have placed the mortgage “under water,” meaning that the home is worth less than the amount still owed on it. Continue reading
Law & Law Enforcement
Now For Something Completely Different: Conjoined Twin Ethical Dilemmas!
I am officially mint-green with envy: Daniel Engber, who writes “The Explainer” column over at Slate, has written an informative, off-beat, thought-provoking column on just the sort of ethical/legal hypothetical I adore. The topic: If a Siamese twin commits murder, does his brother get punished too?
He does a terrific job. his essay also reminded me of a classic “Tales from the Crypt” episode involving a fictional pair of conjoined twins that one could imagine getting into such a dilemma.
The Titanic Principle and the Ethics of Helping the Desperate
A disturbing aspect of the Titanic disaster was that most of the lifeboats refused to pick up survivors in the water, the boat leaders fearing that the desperate swimmers would swamp the boats. I look on this sad incident as illustrating the problem of helping people in desperate need. How much risk and hardship should a potential rescuer be ready and willing to endure? Continue reading
New York’s Junkie Primer: Unethical and Absurd
The New York Dept. of Health and Mental Hygiene, has a new brochure out for heroin addicts. It’s goal: help them break the law, become addicted, abandon their responsibilities and eventually kill themselves as safely as possible.
I’m not kidding. Continue reading
Letterman’s Extortionist Tries A New Theory
I suppose you have to give Joe Halderman’s lawyer some credit for coming up with a creative defense. If you don’t think too hard about it, it almost makes sense. In a variation on the “everybody does it” ethical rationalization, Halderman’s bid to avoid prison for hitting up David Letterman for two million dollars in hush money (Halderman’s ex-fiancé was one of the female employees Letterman used in workplace harem) is based on a “Tiger does it” theory. Or to be accurate, “Tiger’s girlfriend did it.” Continue reading
Reverse the Curse of Norman Mineta
The aftermath of the failed underwear bomber has profiling up for debate again, with all the predictable participants taking their predictable stances. Meanwhile, the U.S. has finally crossed the divide into a form of profiling, designating travelers from specific hotbeds of terrorist activity as subject to a “full-body pat down.” Over on the “Newt Gingrich Letter at Human Events.com, Newt Gingrich proclaims that “it’s time to profile.”
Gingrich is wrong. It has been time to profile for nine years. Continue reading
The 2009 Ethics Alarms Awards, Part 1: The Worst
Welcome to the first annual Ethics Alarms Awards, recognizing the best and worst of ethics in 2009! These are the Worst; the Best is yet to come. Continue reading
Remembering Ted Kennedy Fairly
Today, on the Sunday before the new year, the New York Times Magazine has its annual issue of brief profiles of famous, important, and not-so-famous-but-still-important people who breathed their last in the past twelve months. It is always a fascinating collection; for me, the exercise is a slap in the face, focusing my wandering attention upon how many remarkable lives and achievements have escaped my awareness and proper appreciation—and this is only a small, random collection. The last of the profiles, however, was about a life I knew a lot about: Ted Kennedy. In my view, the piece fails an ethical imperative. It doesn’t mention Mary-Jo Kopechne. Continue reading
Illinois: A Clash of Law, Ethics, Christmas and Festivus
Any one with lingering doubts about whether law is capable of navigating the nuances of ethics should ponder the Christmas display at the Illinois State Capital, where an effort to avoid state support of religion has resulted in an offensive mockery of it that is inappropriate for any season.
The collision of the Constitution’s Establishment Clause (and the Supreme Court’s broad interpretation of it) with the cultural, traditional. historical, artistic and commercial aspects of Christmas have created an annual fiasco that looks silly, irritates everyone, and accomplishes nothing constructive. It would be better to have no Christmas display at all, and that fact proves the limitation of law, and the subordination of ethics. Continue reading
The Legal Ethics Forum’s Top Stories of 2009
It is the time for year-end lists—Ethics Alarms will post its 2009 ethics award winners soon—and one of the best is out. From the always excellent Legal Ethics Forum comes legal ethics ace John Steele’s list of the Top Legal Ethics Stories of 2009. Even though John left out my personal favorite, it is a thorough and enlightening compendium. Even if you aren’t a lawyer (perhaps especially if you aren’t!), it is worth reading. Something on his list will affect your life sooner or later, if it hasn’t already.
Ethics Alarms 