Law & Law Enforcement

The California Task Force On Reparations’ Proposal

/ Jack Marshall / 16 Comments

I read something about the ridiculous recommendations forthcoming from California’s “Task Force to Study and Recommend Reparations Proposals for African Americans” a while back, and decided that it was just one more indicator of how the entire state had lost its collective mind, that The Great Stupid knows no bounds, and that some things are even too silly for me to write about. Now I think some attention should be paid. Because…

  • The task force reportedly will recommend giving $223,200 each to all descendants of slaves in California, on the theory that it will be a just remedy  for housing discrimination against blacks between 1933 and 1977. The  cost to California taxpayers would be about $559 billion, which is  more than California’s entire annual budget, and that doesn’t include the massive cost of  administrating the hand-outs and dealing with all the law suits it is bound to generate. Obviously, the recommendation is absurd for that reason alone, which makes it pure virtue signaling. The task forces is unethical by definition: spending public money to study an issue and issuing a recommendation that is politically and financially impossible to follow is irresponsible in the extreme.

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Ugh. This Again. Except That A Website Isn’t Like A Cake. [Corrected]

/ Jack Marshall / 24 Comments

When Ethics Alarms first covered the case of a Christian website designer who was prosecuted for refusing to design a website celebrating a same sex wedding, I wrote at the top, “I will state up front that I am confident that this decision will get to the U.S. Supreme Court, and that if and when it does, it will be reversed.”

Now the case has indeed arrived at the Supreme Court. Its likely reversal (the website designer, a trial and a appeals court ruled, could not refuse to design a website celebrating a same-sex wedding) is being blamed by the LGBTQ suck-up media on all those evil conservatives who have invaded the Court since it ducked the matter of Christian baker Jack Phillips, who refused to bake a cake for a same-sex wedding. SCOTUS decided in favor of Phillips on technical rather than substantive grounds, with a waffling majority opinion by Justice Kennedy, who specialized in such things. Kennedy is gone, but the reason the web designer is likely to win isn’t the change in the composition of the Court, but because the 10th U.S. Circuit Court of Appeals was dead wrong when it ruled in 2021 that Lorie Smith and her company, 303 Creative, violated a Colorado law by refusing to create a website for a same sex union.

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More Evidence Of Ethics Rot In The Legal Profession

/ Jack Marshall / 24 Comments

The combination of The Great Stupid washing over the land, woke indoctrination and bullying, and the politicization of everything has perhaps taken its greatest toll on the trustworthiness of the professions. One after another has succumbed to ethics rot to an extent that one would have been unimaginable. The legal profession has been especially ravaged.

A depressing and horrifying op-ed in the Wall Street Journal told the first-hand account of how the writer was fired from her law firm, Hogan Lovells, for daring to express an opinion that was not deemed compliant with current progressive cant. She wrote in part,

After the Supreme Court issued its Dobbs decision overturning Roe v. Wade in June, global law firm Hogan Lovells organized an online conference call for female employees. As a retired equity partner still actively serving clients, I was invited to participate in what was billed as a “safe space” for women at the firm to discuss the decision. It might have been a safe space for some, but it wasn’t safe for me.

Everyone else who spoke on the call was unanimous in her anger and outrage about Dobbs. I spoke up to offer a different view. I noted that many jurists and commentators believed Roe had been wrongly decided. I said that the court was right to remand the issue to the states. I added that I thought abortion-rights advocates had brought much of the pushback against Roe on themselves by pushing for extreme policies. I referred to numerous reports of disproportionately high rates of abortion in the black community, which some have called a form of genocide. I said I thought this was tragic.

The outrage was immediate. The next speaker called me a racist and demanded that I leave the meeting. Other participants said they “lost their ability to breathe” on hearing my comments. After more of the same, I hung up.

Someone made a formal complaint to the firm. Later that day, Hogan Lovells suspended my contracts, cut off my contact with clients, removed me from email and document systems, and emailed all U.S. personnel saying that a forum participant had made “anti-Black comments” and was suspended pending an investigation. The firm also released a statement to the legal website Above the Law bemoaning the devastating impact my views had on participants in the forum—most of whom were lawyers participating in a call convened expressly for the purpose of discussing a controversial legal and political topic. Someone leaked my name to the press.

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Best of Ethics Award 2022, Best Ethics TV Show: “The Good Fight”

/ Jack Marshall / 6 Comments

Ethics TV shows, once, long ago, a major segment of popular television fare, are an endangered species. When I last gave out this award six years ago, the winner was the zombie apocalypse AMC hit “The Walking Dead.” Eventually TWD itself became a zombie; if I had named a winner of the award in recent years, based on what I saw, it probably would have been old standby and previous champion “Blue Bloods” on CBS, or as I call it, “The Conflict of Interest Family.” To the great credit of Tom Selleck and the writers, it’s still a strong ethics show in its 13th season; brave too (imagine: in 2022, a pro-police drama about a devout Catholic family that meets for Sunday dinner every week!). But I’ve found—finally–a better one.

And if I had been more alert, I would have found it six years ago. The show is “The Good Fight,” a spin-off of “The Good Wife” which Ethics Alarms discussed frequently during its run. I was a bit jaded after “The Good Wife,” because, as good legal series often do if they go on too long, it began resorting to outlandish plot devices as new ideas became harder to come by. Maybe that’s why I was so late checking in on “The Good Fight.” The series picks up the story of Christine Baranski’s character in “The Good Wife,” and streams on Paramount Plus, which I only recently subscribed to. This is the show’s final season, its sixth, but I’m starting from the beginning.

If the next five season raised no ethics issues at all—an impossibility with ethics-obsessed creator-writers Robert and Michelle King in charge—“The Good Fight” would still be the smartest and most sophisticated legal ethics drama since “The Defenders.” You can watch it here.

There are a lot of legal dramas on streaming services right now: “The Lincoln Lawyer,” “The Firm” (based on the John Grisham novel and film, with Grisham producing), “Partner Track,” “Extraordinary Attorney Woo,” the now-completed “Better Call Saul,” and the extremely entertaining if over-the-top drama “Goliath,” starring Bill Bob Thornton as an alcoholic, depressive, idealistic litigator. If I had to recommend one over the rest, “The Good Fight” would be my choice.

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Baseball Super-Agent Scott Boras Has Another Super-Conflict And There Is No Excuse For It

/ Jack Marshall / 4 Comments

Eleven years ago, Ethics Alarms began a post about baseball agents in general and Scott Boras in particular engaging in a flaming conflict of interest that harmed their player clients this way…

Baseball’s super-agent Scott Boras has his annual off-season conflict of interest problem, and as usual, neither Major League Baseball, nor the Players’ Union, nor the legal profession, not his trusting but foolish clients seem to care. Nevertheless, he is operating under circumstances that make it impossible for him to be fair to his clients.

I could have written that paragraph today. Nothing has changed. Literally nothing: as baseball general managers get ready for the 2022 winter meetings where, among other things, they huddle with player agents and sign players to mind-blowing contracts, the unethical tolerance of players agents indulging in and profiting from a classic conflict of interest continues without protest or reform.

I may be the only one who cares about the issue. I first wrote about it here, on a baseball website. I carried on my campaign to Ethics Alarms, discussing the issue in 2010, 2011 (that’s where the linked quote above comes from), 2014, 2019, and in 2019 again,  There is no publication or website that has covered the issue and thoroughly as this one, and the unethical nature of the practice is irrefutable. I might as well be shouting in outer space, where no one can hear you scream. Continue reading →

It Can’t Happen Here…Can It?

/ Jack Marshall / 15 Comments

I’m seriously considering using Major Clipton (who has the last word after the mind-blowing and bridge blowing finale of “The Bridge on the River Kwai”) exclusively for unethical climate change policy craziness. There is plenty—as in “an outrageous amount” already—with more to come.

The Dutch government is going to buy and close down up to 3,000 farms near environmentally sensitive areas to comply with EU nature preservation rules. These will be forced sales. How will the elimination of the livelihoods of thousands of Dutch families prevent a speculative climate-created cataclysm at some undetermined point in the future, if it would occur at all? Continue reading →

Unethical Quote Of The Month: CNN Intelligence Analyst Robert Baer

/ Jack Marshall / 5 Comments

“And you know, this freedom of speech is just nonsense because you can’t go in a movie theater and yell ‘fire.’ It’s against the law.”

—Former CIA case officer and current CNN intelligence analyst Robert Baer, arguing that Elon Musk’s allowing banned users—like Donald Trump—back on Twitter and not censoring “misinformation” constituted a security risk.

You know that feeling when you think you have made a persuasive argument, or at least fooled people into thinking you have, and then something comes out of your mouth that proves you don’t don’t know what you’re talking about? No, me neither, but if Robert Baer didn’t have that feeling when he uttered the ethics and legal nonsense above, he should have.

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In This Law Vs. Ethics Clash, Choosing Law Over Ethics Is The Ethical Course [Link Added]

/ Jack Marshall / 27 Comments

Clear?

Probably not. Let me explain.

On July 5, 2005 in Kirkwood, Missouri, police were executing a search warrant. While they were in his home, twelve-year old Joseph Long suffered a seizure and collapsed. Police, maybe thinking he was faking, maybe worrying about being distracted from their jobs, maybe because they were just cold-hearted bastards, did nothing to help him, and wouldn’t let his mother intervene either. The child died. Two hours later, the same officers responded to the same neighborhood after getting reports of illegal fireworks being set off. Kevin Johnson, the dead child’s older brother, spotted officer William McEntee, one of the police who had been at his home earlier that evening. “You killed my brother,” he said, and fired a gun at the officer multiple times, killing him.

Johnson was tried, sentenced to death, and now, 17 years later, has run out of appeals. He’s going to be executed. His daughter, Korry, just two when he murdered the police officer, is now 19 and wants to be among the limited number of attendees at her father’s death. Missouri has a statute, Revised Code Section 546.740 that determines who is eligible to watch an execution: Continue reading →

So That Gay-Hating, Tucker Carlson-Inspired Killer Who Shot Up The Colorado Springs LGBTQ Nightclub Is “NonBinary,” Uses “They/Them” Pronouns, And Wants To Be Called “Mx. Aldrich.” Oh.

/ Jack Marshall / 21 Comments

The public defenders for Anderson Lee Aldrich, the alleged perpetrator of the mass shooting at a Colorado Springs LGBTQ nightclub, said in a court filing obtained by a New York Times reporter that their client is nonbinary and uses they/them pronouns.

Is it fair to say these revelations suggest that the rush to blame “anti-LGBTQ” rhetoric—you know, like ” we really shouldn’t allow people with penises to throttle biological women in competitive sports” and “drag queens are not appropriate library story-tellers for children,”hateful stuff like that—for the tragedy was a tad premature? Reckless even? Cynically exploitative, mayhap?

Why yes, I think it is fair.

Over at CNN, so crushed were the talking heads by the revelation that their usual conservative villification campaign would have to be more creative that they engaged in this desperate analysis:

ALISYN CAMEROTA: So, attorneys for the accused shooter, Anderson Lee Aldrich, say in new court filings tonight that the suspect now identifies as non binary. …They use they/them pronouns. And for the purposes of all formal filings will be addressed as Mx Aldrich….Joining me now CNN political commentator Errol Lewis, also back with me Al Franken and Joe Walsh. I don’t know what to say about that. I mean that’s not anything that we had heard from his background. People had been looking into his background, and I don’t know if anybody here–are you guys lawyers? I mean, you know, I don’t know what to say about that. That’s what he’s now saying. 

ERROL LEWIS: It sounds like they’re trying to prepare a defense against a hate crimes charge. That’s the least of his problems, legally speaking. But it looks like they’re trying to build some kind of sympathy or at least confusion on the question of whether or not this was purely motivated by hate. 

CAMEROTA: That is what it sounds like. We will wait to see.

“That is what it sounds like”? If you are an idiot, I guess: the “hate crime” enhancement is hardly a major concern when one has killed five and wounded 18. {Not to beat a dead horse, but Lewis’s statement perfectly embodies the utter stupidity of the “hate crime” blot on our criminal justice system. Sure, Errol, he might have shot all of those people out of mild pique.]

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San Francisco: “You’ve Done An Exemplary Job, John, And You’re Out, Because You’re A White Male…” [Corrected]

/ Jack Marshall / 11 Comments

You have to hand it to the San Francisco Elections Commission. It was open, transparent and honest, and presented its compensatory racism without shame or obfuscation. This is, however, because in the Bizarro culture of San Francisco, “good” discrimination because of race and gender is nothing to be ashamed of. From the moment that “diversity-equity-inclusion became the latest woke buzz term, this episode was inevitable. The question, after the heads of all rational Americans stop exploding like Krakatoa, is “Now what?”

San Francisco Department of Elections director John Arntz has run the elections for the county and the city for 20 years. The San Francisco Elections Commission praised Arntz for his “incredible leadership,” but voted 4-2 not to renew his contract. Though all twelve election directors signed a letter requesting that Arntz be reappointed, he is now out of a job. Election commissioners were clear that their decision to dismiss him had nothing to do with inadequacies in his effectiveness in performing his duties, but, it was explained, there are more important things than being good at your job.

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