Law & Law Enforcement

Provocative Links for Ethical Weekend Reading

/ Jack Marshall / 1 Comment

Here is a diverse selection of five ethics-related posts from cyberspace for your weekend reading pleasure:

  • Christopher Hitchens analyzes, critiques and updates the Ten Commandments—and does an excellent job of all three, here.
  • Finally, a former Bush Justice Department official takes aim at the Republican attacks on the so-called “Al Qaeda Seven,” a despicable moniker apparently invented by Mary Cheney. There really is no debate here: the suggestion that attorneys who previously represented accused terrorists cannot be trusted to work in Justice is legally, ethically and logically ignorant. Still, it is good to have a Republican lawyer say so.

Fashion Ethics: Stealing Is Good

/ Jack Marshall / 2 Comments

Where is it ethical to be unethical?

In the Bizarro world of high fashion, apparently, where making knock-offs of famous name designer dresses is a huge industry, and the original designers get neither recognition not profit from the illicit use of their creations. The practice is obviously unfair and dishonest, but not so obviously, good for the health of the fashion industry, according to an article by law professors Kal Raustiala and Chris Sprigman on the Freakonimics website. They write: Continue reading →

Premature Ethics Alarm on Obama’s Judicial Appointment

/ Jack Marshall / 5 Comments

Republicans are sounding an ethics alarm tonight.

“Obama Now Selling Judgeships for Health Care Votes?” shouts the Weekly Standard website, and it’s clear The Standard thinks it knows the answer. After all, as the President was meeting with ten House Democrats who voted against the health care bill in November,  the White House sent out a press release announcing that Obama had nominated Scott M. Matheson, Jr. to the United States Court of Appeals for the Tenth Circuit. And the nominee’s brother,  Rep. Jim Matheson of Utah, is one of the recalcitrant ten.

Hmmmm. Looks shady, no? Continue reading →

Nancy Pelosi and Forced Virtue

/ Jack Marshall / 9 Comments

I’m sure my friend and colleague Bob Stone will forgive my picking on a casual phrase he used in a comment on the previous post, for it is the inspiration for this one, and it involves the important issue of forced virtue.

Bob alluded to Speaker Nancy Pelosi finally doing “the right thing” when, as reported in the morning media, she told House Ways and Means Committee Chair Charles Rangel that he had to resign his post because of multiple ethics violations. Pelosi, we now know, had avoided this for as long as possible, first ignoring Rangel’s actions, then making the dodge that the Ethics Committee first had to make its ruling (Rangel’s egregious violations have never been in doubt), then suggesting that the violations were not significant (knowing that among them was a failure to pay taxes on $75,000 of income as well as acquiring hundreds of thousands of dollars of unreported—that is, hidden—income, all on the part of the reigning chair of the committee that oversees tax legislation) because the country wasn’t “jeopardized” by them. But now the press is calling for Rangel’s head, the Republicans are making accusations that seem, for once, reasonable, and other Democratic House members have joined the chorus demanding that Charlie must go. And this is all occurring as Pelosi is trying to martial her House majority as she attempts to ram the latest health care reform package past the nation’s gag reflex.

In short, Pelosi isn’t really doing the right thing. She’s doing the only thing. Continue reading →

The Unethical and Illogical Smearing of Justice Dept. Lawyers

/ Jack Marshall / 3 Comments

The Senate Republicans, bolstered by the political Right, are angrily criticizing Attorney General Eric Holder for having former Gitmo defense lawyers on the Justice Department anti-terror team.  This demonstrates many things, none of them good, some of them sad.

At least seven Justice Department lawyers previously worked on the legal defenses of Guantanamo Bay prisoners. Apparently this makes them terrorist sympathizers in the eyes of the Angry Right. This is the sad part. A flat learning curve is always sad. Continue reading →

Tough Ethics Lesson in Oakland: Appearances Count

/ Jack Marshall / 5 Comments

In Oakland California we have a prime example of why it’s not enough for public officials to avoid actual unethical conduct, and why they have to avoid the appearance of impropriety as well.

Last  summer, Oakland, California decided to address its increasing budgetary problems with a more aggressive parking ticket policy and extended parking meter hours. The City Council rescinded the meter-hour extension after protests from business owners and shop patrons, but the mercilessly enforced parking tickets continued.
Some narrow streets, however, posed special problems. Residents had parked the wrong way or on the sidewalk for years, because it was difficult and even dangerous to try to turn their cars around. If they didn’t park up on the sidewalk, emergency vehicles couldn’t pass. It didn’t seem fair to ticket the cars in these neighborhoods, so with the urging of the City Council, the police began instituting a policy of issuing courtesy warnings instead of tickets on those especially narrow streets. Continue reading →

Marco Rubio Trips an Ethics Alarm

/ Jack Marshall / 9 Comments

Florida Republicans have a wonderful opportunity to demonstrate the proper response to a bracing ethics alarm. They can vote against Marco Rubio, the Tea Party-backed opponent of Governor Charley Crist in the Republican primary for the U.S. Senate.

Whatever Rubio’s virtues, ideological or otherwise, he set off the alarm with this: according to a carefully researched story in the Miami Herald, Rubio used his party credit card—his business credit card, issued to him by the GOP to use for party-related expenses only—to pay for things like: Continue reading →

Ethics Hero: Johnny Depp

/ Jack Marshall / 1 Comment

Hollywood celebrities frequently lend their prominence and notoriety to causes that are dubious or even harmful; Jenny McCarthy’s passionate promotion of now-discredited links between vaccines and autism are a recent and disturbing example. At other times, celebrities assert expertise on complex topics far beyond their competence or comprehension; this was a theme in Michael Crichton’s attack on global warming hysteria, State of Fear. Johnny Depp, however, has got it right. As his highly anticipated film “Alice in Wonderland” is about to be released and he has the media following his every move, Depp is using his fame and following to focus attention on what may be an egregious miscarriage of justice.

It is the case of the West Memphis Three. In 1993, police discovered the bodies of  three 8-year-olds, and there was immediate speculation that their killings had been part of a satanic ritual. Satanic cults were big in 1993, and long-haired Damien Echols became a suspect as much for his demeanor and reputation as for anything substantive. Indeed, there was no evidence tying him to the crime until a cognitively impaired boy named Jessie Misskelly Jr. told police that he helped Echols and Jason Baldwin kill the boys. Continue reading →

TGIF Ethics Round-up: Killer Whales, Palin-Hatred, MagicJack and More

/ Jack Marshall / 9 Comments

Brief ethics notes on a wild week…

  • How dare the killer whale be a killer?…Tilikum, the killer whale who either playfully or maliciously killed his trainer at Orlando’s Sea World this week, will apparently stay in the facility. Some pundits (the ones I have heard were of the foaming-at-the-mouth conservative fanatic variety) regard it as absurd not to put down a murderous whale when a dog, bear or tiger that similarly ended a human life ( Tilikum may have ended three) would routinely be destroyed. One doesn’t have to be a PETA dues-payer to see this as advocacy for blatantly unfair retribution. Let’s see: Sea World takes a top-of-the-food-chain predator out of the oceans out of its natural environment, earns admission fees by making it perform tricks for the amusement of humans in a theme park, pays relatively tiny and fragile trainers to interact with the three ton beast, and when the predators does what it is naturally designed to do—kill—we blame the whale? Continue reading →

The Paterson Scandal: Another Governor Bites the Ethics Dust

/ Jack Marshall / 2 Comments

For weeks, rumors have been swirling around New York Governor David Paterson, indicating that the New York Times was about to drop a scandal bombshell that would mortally wound his political career. The rumors themselves became a story, bringing some sympathy to Paterson as a political figure being smeared by whispers and innuendo. Paterson, who became governor when his predecessor, Eliot Spitzer, disgraced himself and his office by patronizing exactly the kind of prostitution ring he made his reputation prosecuting, was already unpopular and hadn’t helped himself any by claiming his unpopularity was fueled by media racism.

The good news for Paterson: from this point on, he needn’t worry about racism being the cause of his low approval ratings.

The bad news: The New York Times did have a scandal to investigate, and it shows the governor to be almost as great a hypocrite as Spitzer, as well as an abuser of his power and position. Continue reading →