Law & Law Enforcement

Illinois: A Clash of Law, Ethics, Christmas and Festivus

/ Jack Marshall / 3 Comments

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

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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.

Why the SEALS Must Stand Trial

/ Jack Marshall / 5 Comments

It is one of those stories where Americans have to get stop thinking with their guts and use their brains instead. Guts can be useful, but not this time.

Three Navy SEALs who captured a highly sought terrorist in Iraq are facing court martials because of allegations that they abused him—speaking of guts, they supposedly punched him in his. It is unfortunate that the SEALS are being prosecuted rather than decorated, and it makes the Navy look unappreciative of their own men. The terrorist, Ahmed Hashim Abed, is believed to be behind the murder and mutilation of four Blackwater USA security guards in Fallujah in 2004. Yes, capturing him was a good thing. Continue reading →

The Ethics of Letting a Lying Defendant Testify

/ Jack Marshall / 4 Comments

It’s snowing like crazy outside, and I’m stuck putting the lights on a nine-foot tree.  My only escape from the pine needles assaulting my tender skin is ethics reverie, and I find myself thinking, once again, about the classic criminal defense attorney’s ethical challenge:

What do you do when your guilty client wants to claim he’s innocent in the witness chair, under oath? Continue reading →

Ethics Hero: Rep. Bobby Scott

/ Jack Marshall / 3 Comments

A popular, effective and unethical prosecutorial practice among federal investigators is to coerce  businesses and individuals into waiving the attorney client privilege by threatening indictments. The privilege of having absolutely private communications with one’s attorneys in order to get legal advice is a linchpin of the justice system and each citizen’s access to fair treatment under the law.  Forcing individuals to give the privilege up under threat of prosecution is and has always been wrong; after all, a waiver made under a threat is hardly “voluntary.”  U.S. Rep. Bobby Scott, (D-Va.), has now introduced H.R. 4326, complementing legislation filed in the Senate earlier this year by U.S. Sen. Arlen Specter, to bar this practice. Continue reading →

The Casinos and the Whale

/ Jack Marshall / 10 Comments

Japanese tycoon Terrance Watanabe gambled away nearly $127 million at the Caesar’s Palace and Rio casinos in 2007, and now is suing the casinos even as he faces criminal charges for refusing to pay them over $15 million in additional debts. He claims that the gambling establishments allowed him to gamble while intoxicated in violation of state casino regulations, and otherwise share blame for his outlandish losses, believed to be the most any gambler has amassed in a single year. Continue reading →

The Leaked Exam: Teaching Ethics Unethically

/ Jack Marshall / 2 Comments

Some University of Oregon law students preparing for exams when the full text of an exam for one of their classes, Administrative Law with Professor John Bonine, inexplicably appeared on a university list-serve. Someone in the registrar’s office had pushed the wrong button.

Oops! Yay? Uhhh…now what? Continue reading →

Law Students, Lawyers and Judges With Broken Ethics Alarms, 2009

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I won’t keep you in suspense: my favorite is the Harvard law school whiz who celebrated his job offer from a top law firm by getting drunk and burning down a church. Forgot to check the batteries in the ol’ ethics alarm, I guess!

Here are two cautionary end-of-year lists: from the Avvo blog, the “Top Lawyers Behaving Badly” list for 2009, and, though not rich a source for  black humor, the even more disturbing “Year’s Most Infamous Lawyers” from the Business Insider.

Ethics Alarms thanks  Robert Ambrogi for finding them, as well the Avvo and the Business Insider for doing such an excellent job of compiling them.

When Money Curdles Ethics

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A stimulating ethics alarm drill surfaced over at Freakonomics, where Stephen Dubner challenged the site’s  readers to help him compile a list of goods, services and activities that one can legally give away or perform gratis, but that  when money changes hands, the transactions become illegal. It is a provocative exercise, especially when one ponders why the addition of  money should change the nature of the act from benign to objectionable in the view of culture, society, or government. It is even more revealing to expand the list to include uses of money that may not create illegality, but which change an act from ethical to unethical. Continue reading →

Intolerance vs. the Constitution in Ashville, N.C.

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To someone passionately devoted to the belief in God and Christianity, the thought of having one’s city governed by non-believers may be repulsive. Unfortunately for the sensitivities of those facing this dilemma, the founders of the United States of America were quite specific about the irrelevance of religious belief to civic participation and the rights of citizenship. That may not stop some self-righteous political opponents of Ashville, N.C. City Councilman Cecil Bothwell, who says he doesn’t believe in God but who was duly elected in November, from trying to sue the city for its failure to abide by an archaic, and undeniably unconstitutional, state law forbidding atheists from holding office. Continue reading →