She-Hulk Legal Ethics

One of the most creative websites around, Law and the Multiverse, discusses the legal issues that would arise in a parallel existence in which super-heroes were real. The site finally delved into the topic of legal ethics a couple of weeks ago, and the post is both fun and informative on the issue of lawyer solicitation.

She-Hulk’s alter-ego, Jennifer Walters (who, unlike She-Hulk, is not green) is a practicing attorney. (So is Daredevil, and if anyone knows why they never formed a firm, let me know.) The post involves the propriety of She-Hulk’s soliciting legal business at the scene of a rescue. The issue is pretty straightforward. It does not, however, deal with the question of whether She-Hulk can ethically practice law when she is not Jennifer Walters. Does Walters’ license still apply to She-Hulk, who looks different, sounds different, thinks differently and has a different personality? The question is similar to the issue of whether Dr. Hyde can legally. practice medicine.

Oh well, maybe they’ll take that one up another time. You can read about She-Hulk’s legal ethics problem here.

The Times’ New Ethicist Commits Malpractice

The new Times "Ethicst" shows her dark side.

Randy Cohen’s replacement as “The Ethicist” in the New York Times Magazine, Ariel Kaminer, had a flawless maiden flight last week, but crashes and burns on her first question this week. As was too often true of Cohen, she messes up in the area of honesty and legal ethics.

The inquirer, an applicant for law school, had asked a former professor to write a recommendation.  The professor, an apparent creep, said she was too busy—Honestly: writing recommendations for students applying to graduate students is part of her job, and how long does it take?—but if that if the student would write it, she would gladly “edit as needed” and submit it under her own name. Ariel’s inquirer felt uncomfortable writing her own letter of recommendation, but did not “wish to jeopardize my chances of being accepted into my top-choice school by being overly conscientious.” Ariel’s question to answer: is it ethical to draft the letter? Continue reading

Comment of the Day: “Ethics Dunce: Rep. Michele Bachman”

Oh, how I LOVE LOVE LOVE this comment, from “ruralcounsel,” regarding my post about Michele Bachmann embarrassing herself, and not for the first time. Seldom does a commenter employ such shameless rationalizations and staples of intellectual dishonesty, and for his grand finale, he breaches one of the explicit Comment Policies by employing that all-purpose fallacy, “you’re just using ethics to go after political enemies.” I’m especially happy about the latter, because no one has accused me of being biased against the Right since “Ronbo.” I can’t hope for as much entertainment from ruralcounsel, but I am certainly grateful for this (Forgive me. I have to give interlinear commentary. I can’t resist): Continue reading

Ethics Dunce: Rep. Michele Bachmann

Ah! Historical New Hampshire...

Rep. Michele Bachmann (D-Minn), Tea Party leader and potential presidential candidate, recently told a Manchester, New Hampshire crowd that she was in the state of “the shot heard ’round the world.” Ethics Foul. Minnesota disgrace. Congressional Disgrace. Tea Party disgrace. National disgrace.

U.S. educational system disgrace!

As most grade school children know (Some grade school children? Grade school children in New England, maybe? Please?), the source of that loud shot, the Battle of Concord (the Battle of Lexington was fought on the same day) was fought in Concord, Massachusetts, which, like Lexington, is a next door neighbor of my home town, Arlington, Massachusetts, known as Menotomy on April 18, 1775 —which, as Rep. Bachmann can tell you, was also the date of Phil Sheridan’s ride. Oops! I mean Paul Revere’s ride! Continue reading

NOW Is It “Too Soon”? Rep. Giffords Needs To Resign

Rep. Giffords' seat should be filled

Today the New York Times reports on grievously wounded Arizona Rep. Gabrielle Giffords’ recovery, which appears to be going remarkably well. Back in January, I was much criticized for suggesting that Rep. Giffords had a responsibility to resign from her seat (“Unavoidable Ethics: Giffords Need To Resign,” 1/17/11), as it was obvious then (though not polite to admit) that her recovery from the bullet hole in her head could not possibly occur quickly enough to allow her to make a meaningful contribution in Congress during her current two-year term. Well, it is still obvious, and the ethical priorities remain clear.

We learn in the Times piece today (or at least I did) that the Congressman is still without half of her skull, which was removed to prevent damage from brain swelling. The skull pieces are in a freezer, and will probably be restored in surgery that is planned for May. The recovery from the surgery, I assume, will extend at least into June, and then she still has to travel the long and arduous road back to whatever her final cognitive and physical abilities will be—and they will not be what they were before the madman started shooting. Continue reading

Comment of the Day: “Why NPR’s Wrongs Don’t Make James O’Keefe Right”

Rick comments on my ethics verdict regarding the most recent James O’Keefe “sting,” this one exposing a biased NPR exec and an ethically-weak NPR fundraiser: Continue reading

Why NPR’s Wrongs Don’t Make James O’Keefe Right

James O'Keefe, Ethics Corrupter

And the NPR Ethics Train Wreck continues

Between union hysteria in Wisconsin, carnage in Libya, and tsunamis, the fact that James O’Keefe’s fake Muslim billionaire act exposed more NPR integrity issues was drowned out by shouting, gun shots and water. In fact, the second victim of O’Keefe’s sting may have taught us more about NPR than the first.

In the surreptitious audiotape of  NPR’s continued encounters with the fake potential big bucks donor, NPR’s director of institutional giving, Betsy Liley, is heard advising the supposedly wealthy Muslim donor how the network could help “shield” his group from a government audit if it accepted the $5 million he was offering. It seems pretty clear from the tape that this was not what the sting was set up to prove: what the “Muslim donor” really wants is to get a promise from NPR that it will slant the news content the his way if the gift is big enough. Liley stood her ground on this core journalistic principle admirably—so much for the claim that George Soros bought NPR’s advocacy with his recent gift—but fell into another trap of her own making.

NPR spokeswoman Dana Davis Rehm said in a statement that Liley’s comments on the tape “regarding the possibility of making an anonymous gift that would remain invisible to tax authorities is factually inaccurate and not reflective of NPR’s gift practices. All donations—anonymous and named—are fully reported to the IRS. NPR complies with all financial, tax, and disclosure regulations.” That’s undoubtedly correct; Liley was not merely ethically wrong but also literally wrong, for what she was suggesting almost certainly couldn’t happen. However, the fact that she would say such a thing believing it could happen, or think it was acceptable if it did happen, or try to acquire a large donation by persuading a donor to believe it could happen, all point to the one conclusion: NPR’s culture is ethically compromised, and the organization’s leadership has failed to meet its obligations to create an ethical culture  there. The sting is more disturbing than the earlier one that caught an outgoing NPR executive taking extreme partisan positions that belied NPR’s position that it is objective and unbiased. The comments of Ron Schiller just confirmed what many, including me, thought was already apparent in the tone of NPR’s work. I had also always assumed, however, that the place was professionally and ethically run (excepting the tendency to fire employees for expressing politically incorrect opinions on Fox News).

So this settles it, right? O’Keefe is a hero?

No, he’s not. James O’Keefe, in fact, is an ethics corrupter, an individual who weakens the public’s ethics by encouraging it to accept his dubious values. Continue reading

So Let me Get This Straight: Tera Myers Has To Quit, But This Jerk KEEPS His Job?

"You gave your students WHAT????!!!"

I write this not only aware that the story might be a hoax, but hoping against hope that it is.

Teacher Frank Rozanski gave the students in his advanced placement psychology class at Dwyer High School in Palm Beach Gardens what he called “The Sexual Tension Quiz.”

The test, which was given to the class for a grade, is a sophomoric gag quiz in which sexually suggestive questions have innocent answers. Har. Har. As humor, it is something that one might expect to see in a college magazine (for a not-so-great college), or maybe Playboy in a weak month. Continue reading

Now THIS is Incivility…

The Victim

University of St. Thomas math professor Douglas Dokken is a devoted University of Minnesota fan, but the school mascot’s hijinks became just a little too annoying for him during  a men’s gymnastics meet Saturday night. When Goldy Gopher tapped him on the shoulder one time too many, Dokken wheeled around in his seat and punched him right in the kisser.

The  professor, though sincerely remorseful over his stuffed-animal abuse and bad manners, has been banned from the University of Minnesota’s Sports Pavilion and Williams Arena for a year. Goldy’s face needs some stitches, and he was left speechless. But then Goldie never says anything anyway. After all, he’s a gopher.

Physical violence is not the answer, even to a dumb question like, “How do you stop a guy in a 7-foot gopher suit from bugging you?”

Unethical Quote of the Month: Newt Gingrich

“There’s no question at times of my life, partially driven by how passionately I felt about this country, that I worked far too hard and things happened in my life that were not appropriate. And what I can tell you is that when I did things that were wrong, I wasn’t trapped in situation ethics, I was doing things that were wrong, and yet, I was doing them. I found that I felt compelled to seek God’s forgiveness. Not God’s understanding, but God’s forgiveness. I do believe in a forgiving God. And I think most people, deep down in their hearts hope there’s a forgiving God.”

Former Speaker Newt Gingrich, preparing for a presidential run by attempting to explain and apologize for his serial marital betrayals, the most spectacular of which was visiting his first wife while she was in the hospital recovering from cancer surgery to announce that he was divorcing her to marry his mistress. Then he cheated on his second wife, the former mistress, with a member of his staff. He ditched Mistress #1, Wife #2, for Mistress #2, who became Wife #3. This is why he needs a forgiving God, or at least a forgiving electorate.

Newt’s defense now is that he felt so passionately about his country that it caused him to dump his cancer stricken wife (so much for all that “in sickness or in health” stuff), and later, while he was leading a party that was making the case that a U.S. President shouldn’t be having on-the-job sexual encounters with interns, using his staff and appointees to cover it up, and lying about it under oath in court, to commence a second extra-marital affair of his own. This, naturally, helped let President Clinton wiggle of his well-earned impeachment hook, and also helped cement the socially destructive public perception that 1) everyone cheats on their spouses, so it’s okay, and 2) you can’t trust any of our elected leaders.

Thanks for nothing, Newt.

God is welcome to forgive you; I won’t. You are obviously untrustworthy. Once cheating on a spouse may be a mistake; cheating on a second spouse is a behavior pattern. If a politician who likes to invoke God will lie to and betray two women who he swore, before God, to take “’til death us do part,” not to mention his children, I see no reason to assume that he won’t betray voters who has never met, loved, or lived with.

God’s forgiveness is irrelevant to the central issue of whether New Gingrich has the reliability of character and core values to justify entrusting him with great power. As his self-serving quote demonstrates, he does not.

But good luck with God, Newt.