Rights

The Lawyer Disability Conundrum

/ Jack Marshall / 2 Comments

I frequently discuss lawyers continuing to practice under temporary disabilities, like bad colds, flues, serious pain (like migraines) or painful injuries. The lines are blurry indeed, but if a condition causes a lawyer to be sub-par in serving a client’s needs, the client should be informed, and the lawyer should be prepared to either delay the matter or find a replacement. Progressive disabilities, like age-related declines in stamina and cognitive ability, also have to be taken seriously by an ethical lawyer and dealt with responsibly in the best interests of clients.

Missouri has a rule that allows for a court to suspend a lawyer after an adjudication of disability or incapacity. This week the Missouri Supreme Court summarily suspended a lawyer after the lawyer had been found disabled by a Social Security judge. She has medical issues affecting her eyesight, back, and hands,and she also suffers from chronic migraines. Her lawyer insists that her judgment has not been affected, and that she is still capable of competent and zealous representation of her clients. The applicability of the Americans with Disabilities Act is obviously an issue.

The suspended lawyer cites the precedent of Paul Alexander, a recently deceased Dallas lawyer who specialized in ADA cases. He graduated from the University of Texas School of Law. Alexander had polio as a child, which rendered him a quadriplegic. He used an iron lung except when a case required him to leave his workplace in a wheelchair and practiced law for more than 40 years typing on his personal computer using a device he held in his mouth. Alexander also painted and wrote a book.

Presumably his clients were aware of his disability ans consented to his representation of them despite his disability. Presumably also, he would have been suspended in Missouri. Still, is the proper standard to be applied to all lawyers reasonably embodied by Paul Alexander, who was an outlier by anyone’s definition?

Law vs. Ethics (Again): The AP Wins Its Lawsuit

/ Jack Marshall / 31 Comments

When the Associated Press refused to rename the Gulf of Mexico the “Gulf of America” in its style book, the White House excluded the once-essential news organization from its press briefings.The AP filed a lawsuit arguing that this was a violation of the First Amendment by the Trump Administration, as an infringement on the Freedom of the Press and the first Amendment.

Yesterday U.S. District Court Judge Trevor McFadden ruled in the AP’s favor, granting the AP’s motion for a preliminary injunction. Judge McFadden acknowledged that there is no constitutional right to attend a press briefing at the White House:

[T]his injunction does not limit the various permissible reasons the Government may have for excluding journalists from limited-access events. It does not mandate that all eligible journalists, or indeed any journalists at all, be given access to the President or nonpublic government spaces. It does not prohibit government officials from freely choosing which journalists to sit down with for interviews or which ones’ questions they answer. And it certainly does not prevent senior officials from publicly expressing their own views……[But]while the AP does not have a constitutional right to enter the Oval Office, it does have a right to not be excluded because of its viewpoint….

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From Maine, A “Nah, the Democratic Party Doesn’t Embrace Censorship!” Head-Exploder….

/ Jack Marshall / 4 Comments

Reacting to Maine state Rep. Laurel Libby‘s tweet above, the Maine House speaker and majority leader (Guess which party…) demanded that she take it down. Libby refused, so the body’s Democrats introduced a censure resolution. Their contrived reason: her post included photos and the first name of a minor, the male athlete who was allowed to compete in female-only sports. Both the photo and student’s name were publicly available and had been published by media sources. Obviously, this was an effort to silence an effort by an elected official to have the public understand “what’s going on here,” and, as we all know from the motto of an Axis-supporting newspaper of note, “Democracy Dies in Darkness.”

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What’s Up, Doc? UConn Med School’s Unethical, Woke, Ridiculous “DEI Hippocratic Oath”

/ Jack Marshall / 3 Comments

Unbelievable.

In August of last year, UConn School of Medicine’s class of 2028 became the first to recite a newly revised version of the Hippocratic Oath:

“I will strive to promote health equity. I will actively support policies that promote social justice and specifically work to dismantle policies that perpetuate inequities, exclusion, discrimination and racism.”

No, this is not a sick joke. No, I am not making this up. Yes, our institutions of higher education really are in the clutches of maniacs who think this kind of indoctrination is part of their job.

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Ethics Short Takes

/ Jack Marshall / 14 Comments

[I could and probably should do full posts on all three of these, but I still haven’t finished my promised Musk Derangement post, and I fear these items will be left neglected if I don’t cover them right away.]

1. President Trump signed an order beginning the process of eliminating the Dept. of Education and folding its essential functions back into other departments. Good. An act of Congress will be necessary to complete the dismantling, but if there is anyone with an honest, rational, statistically sound argument for why this Department should not go away, I haven’t heard or read it yet. The data is pretty damning: U.S. kids are doing much worse now than when the department was begun under President Carter. Post hoc ergo propter hoc and all that, but still, it’s hard to argue that a federal department overseeing an area that has deteriorated under its watch over almost 50 years has a case for continuing. Never mind. The Axis is freaking out anyway. Someone really ought to tell them that occasionally admitting that the President has done something responsible and justified might do wonders for their credibility.

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The Ethics of Deporting Mahmoud Khalil For Pro-Terrorist Advocacy, II.

/ Jack Marshall / 10 Comments

Shortly after posting a discussion of conservative legal scholar Illya Somin’s article at Reason declaring the Trump administration’s effort to deport Mahmoud Khalil “unjust and unconstitutional,” I became aware of the article at City Journal in which conservative legal scholar Ilya Shapiro defends the policy as legal and constitutional. It is clear from the essay that he also believes the policy is appropriate and ethical.

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The Ethics of Deporting Mahmoud Khalil For Pro-Terrorist Advocacy, I.

/ Jack Marshall / 11 Comments

ICE arrested Palestinian activist and former Columbia student Mahmoud Khalil with the intent of deporting him in accordance with the announced Trump policy of deporting non-citizens who engage in pro-“terrorist” speech related to the Israeli-Palestinian conflict. Predictably, the Axis is all-in supporting Khalil, who sure appears to be a bad human hill to die on. Representative Alexandria Ocasio-Cortez condemned ICE’s detainment of Mahmoud Khalil, calling it a “tyrannical” move, “Violating rule of law, actually,” she wrote. That AOC defends him alone makes me inclined to want to get rid of the guy, but that would be irrational. Judge Jesse Furman of the Southern District of New York issued an order today halting Khalil’s processing and scheduled a hearing on the case for later this week. Ah yes, the Southern District of New York!

In a confusing essay at The Volokh Conspiracy, Ilya Somin writes that deporting non-citizens for the content of their speech is a First Amendment violation and “a slippery slope,” then, in the fifth paragraph, acknowledges that 8 U.S.C. § 1182(a)(3), bars “Any alien who … endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization.” I’d say endorsing and supporting Hamas qualifies under that law, wouldn’t you? So Somin says, “Such laws, too, should be ruled unconstitutional.” But until and unless it is, the Trump administration has the law on its side.

The question remains, is such a restriction on the free speech of non-citizens ethical? Somin:

“The First Amendment’s protection for freedom of speech, like most constitutional rights, is not limited to US citizens. The text of the First Amendment is worded as a general limitation on government power, not a form of special protection for a particular group of people, such as US citizens or permanent residents. The Supreme Court held as much in a 1945 case, where they ruled that “Freedom of speech and of press is accorded aliens residing in this country.”

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They Make Such a Nice Couple! Ethics Dunce: Texas A&M University; Ethics Hero: The Foundation for Individual Rights and Expression (FIRE)

/ Jack Marshall / 31 Comments

Texas A&M students started holding “Draggieland” (“drag” mixed with “Aggieland,” get it?) at the campus theater complex in 2020. Five years later, however, the tradition was slapped down as the school’s Board of Regents voted to ban all drag events on the 11 Texas A&M campuses.The board’s resolution reads in part,

“The board finds that it is inconsistent with the system’s mission and core values of its universities, including the value of respect for others, to allow special event venues of the universities to be used for drag shows [which are] offensive  [and] likely to create or contribute to a hostile environment for women.”

I’d guess a pre-law student with a closed head injury could correctly explain what’s wrong with that silliness, but luckily the student body at Texas A&M will have a better champion than that, The Foundation for Individual Rights and Expression, aka FIRE. FIRE moved in to fill the breach when the ACLU decided to be woke rather than defend free speech and expression regardless of which side of the partisan divide was attacking them, and this low-hanging fruitcake edict prompted the organization to file a federal lawsuit. It backs the Queer Empowerment Council, a coalition of student organizations at Texas A&M University-College Station and the organizers of the fifth annual “Draggieland” event that was scheduled to be held on campus on March 27, and aims at blocking the policy as a clear violation of the First Amendment. Which it is. FIRE asked a court in the Southern District of Texas to halt Texas A&M officials from enforcing the ban.

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Ethics Dunce (Again): Georgetown Law Center Dean William Treanor

/ Jack Marshall / 10 Comments

[Psst! It’s Georgetown University Law Center, not “school.” The Hill and other lazy publications keep calling it the law school, which was what the institution’s name was before it moved from the Georgetown campus (in Georgetown, a picturesque section of D.C.) to Capitol Hill near all the courts, including the Supreme Court. If you saw the place, you would know that “center” is an appropriate description. The name was the inspiration of then Dean Paul Dean, visionary, a respected lawyer and talented fund-raiser. He was also a good friend of mine as well as a cherished mentor]

William Trainor has been criticized on Ethics Alarms before notably during this fiasco, when he punished an incoming faculty member, Illya Shapiro, for daring to question Joe Biden’s wisdom of narrowing his choice of Supreme Court nominees to fill a vacancy to women of color, the same criteria that worked out so, so well with Kamala Harris. Following the lead of his radically indoctrinated students (it’s supposed to be the other way around), the GULC dean suspended Shapiro pending…well, something, and then after letting him twist slowly in the wind for months, finally let him back into the fold whereupon Shapiro quite properly told him to take his job and shove it, as I would have under like circumstances.

There were other instances when Trainer allowed his institution to be more woke than responsible; he is largely the reason my Law Center diploma is turned face to the wall in my ProEthics office. Here is an episode that didn’t directly involve the Dean but that occurred on his watch.

Now comes another skirmish. Interim D.C. U.S. Attorney Ed Martin sent a letter to GULC last month asking if the Law Center had eliminated its commitment to DEI. “At this time, you should know that no applicant for our fellows program, our summer internship, or employment in our office who is a student or affiliated with a law school or university that continues to teach and utilize DEI will be considered,” Martin wrote.

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Regarding the Washington Post’s New Opinion Page Policy…

/ Jack Marshall / 10 Comments

Do you understand what this means? I don’t.

Since a lot of writers work for Jeff, I would have suggested that he have one of them draft that statement with his oversight. Presumably he means that the Post will no longer publish op-eds like this…

…but he could have just as easily written that the Post will no longer give a platform to Trump Deranged nutballs like Jennifer Rubin, who had already quit anyway. My best analysis is that Bezos has just officially said that the Washington Post is leaving the Axis, and will no longer be a reliable ally and propaganda organ of the Far Left and the Democratic Party, which now consistently advocates that the U.S. become a European-style nanny state and that personal liberties be pared back, especially those enshrined in the First and Second Amendments. If that’s the idea, it is an admirable goal, though I think it is far too late for the Post to change course, and that the 95% Democrat city of D.C. is the worst possible place to try.

It is fun to see and hear the Angry Left freak out over the announcement. Here is one of the Post’s most unethical propagandists, the eloquent Phillip Bump:

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