The Right Lesson From The Rutgers Sex Video Suicide

The tragedy can be blamed on moral luck.…bad moral luck. The two Rutgers students who humiliated a classmate by secretly taping a gay sexual encounter between him and another young man and live streaming it onto the internet couldn’t know that their sensitive victim would jump off a bridge to his death in despair. Most students would not react this way. Some might have a breakdown; some might seek revenge. Some might not even care. Raunchy teen hi-jinx gross-out comedies often feature equally awful “jokes” or worse, depicted as just part of the carefree, amoral life among uninhibited youths. This time, however, the prank killed. Everyone will look at students Dharun Ravi and Molly Wei as monsters now, because of the unpredictable result brought about by their cruel violation of a fellow student’s dignity and privacy. Continue reading

Ethics Heroes: “The American Muslim’s” American and Canadian Muslims

On the website The American Muslim, a statement has been posted that condemns the threatening and violent acts by Muslim extremists. Signed by approximately 200 Muslims so far, many of them distingusihed leaders and intellectuals in the Muslim community, it is welcome, helpful, and courageous.

Entitled A DEFENSE OF FREE SPEECH BY AMERICAN AND CANADIAN MUSLIMS,” it reads: Continue reading

Mayhill Fowler and The Ethics of Quitting

The internet creates unfortunate opportunities for the fired, rejected, under-appreciated and disgruntled to do all sorts of harm to their previous employers and themselves. Former Huffington Post blogger Mayhill Fowler has considerately given us an object lesson in how not to leave a job, though at some personal sacrifice. Continue reading

9-11 Conspiracy Claims: The Hate Crime We Cannot Stop, But Must Not Tolerate

The stated belief that the United States government murdered its own citizens and military personnel on September 11, 2001 is, if sincere, proof that an individual possesses intractable misconceptions, hatred and disrespect for America’s history, culture, and ideals. If the belief is not sincere, then the claim that the Bush administration orchestrated (or allowed) the Twin Towers and Pentagon attacks is an effort to harm our nation by destroying its reputation and honor, dragging it into the swamp of other nations to which murder and dictatorship are traditional. The First Amendment requires that we allow these individuals, be they deranged, sinister, irresponsible or merely stupid, to deny what makes the United States unique and slander its elected leaders, but it does not require that we accord them respect or tolerance. Continue reading

The Reggie Bush Affair

The Reggie Bush affair, in which the NFL star was stripped of his 2005 Heisman Trophy as the year’s outstanding college football player (to be more accurate, he was about to be stripped of it and chose to relinquish the award voluntarily), is one of those periodic incidents that exposes the media’s rudimentary and flawed ethical instincts, as well as the public’s. Baseball’s steroid scandal is another example. At its core, the Bush situation is infuriatingly simple: he was not eligible for the Heisman in 2005, because he had accepted gifts from alumni and other benefits and amenities forbidden by NCAA rules. It doesn’t change the correctness of  the decision to rescind Bush’s award to note that the NCAA is corrupt, that college athletes are exploited by the system, that anyone would be tempted by all the people trying to throw money, cars and other trinkets at them, that the mess of big time college football isn’t cured by punishing Reggie Bush, or any of the other dozen excuses, rationalizations and irrelevant arguments bleated into cyberspace by various sports pundits who lack the skills to decipher a basic ethics problem. Continue reading

Chris Plante and the Absurd, Illogical, and Ubiquitous “Favorite Child” Rationalization

I apologize at the outset to Chris Plante, a Washington D.C. market conservative radio talk show host, who is far from the only individual to employ the “Favorite Child” rationalization, or even its most egregious user. Just about everybody uses this logic-free argument these days; you can hear it on TV, read it in the blogosphere, and be assaulted with it by your friends. Plante was unlucky enough to have me listening to his show when he went off into a full-throated “Favorite Child” rant in response to a caller who was troubled by the fact that Christine O’Donnell, the Tea Party Senate candidate from Delaware whom Plante had extolled, has a history of lying, saying strange things, and mishandling funds-–a quite reasonable concern when a candidate is running on a platform of honor, integrity, and fiscal responsibility. Continue reading

Darek Jeter, Rob Neyer, and Baseball’s Traditional Deceptions

ESPN blogger Rob Neyer has once again called for baseball to punish “cheaters” which he defines as, among other things, “lying to an umpire” and faking an injury, though there are no rules against either. His impetus was an incident in last night’s Rays-Yankee showdown, in which Yankee shortstop Derek Jeter convinced the home plate umpire that he had been hit by a pitch, when replays showed that the ball actually hit his bat. The subterfuge led to two runs for the Yankees and the ejection of Rays manager Joe Maddon, who argued the call to no avail.  Jeter later admitted that he had fooled the umpire, and seemed to be rather pleased with himself.

This has Neyer rather confused. He writes that Jeter ought to be punished for his dishonesty, because ” it wasn’t fair that Jeter was awarded first base. It wasn’t fair to pitcher Chad Qualls, or to Qualls’ teammates or his manager or to the thousands of Rays fans watching and listening to the evening’s dramatic events.” Yet then Neyer immediately points out that Jeter did “nothing wrong.” So Jeter should be punished because he did nothing wrong? If what Jeter did is in fact dishonest and unfair, of course it is wrong.

But it’s not, any more than bluffing in poker is unfair and dishonest. Continue reading

“Let the Buyer Beware”? How about “Let the Seller Be Fair” and “Let the Pitchman Beware”?

A recent perusal of some developments in the ghastly realm of false advertising suggests several conclusions:

1. Too many merchants and vendors traffic in deceit, misrepresentation, and out right lies in order to separate trusting customers from their money.

2. The law is a pretty blunt instrument when it comes to controlling this. Too many tricks and tricksters, seldom enough evidence.

3. The ancient common law rule of “Let the buyer beware!” is less a warning to gullible purchasers than it is a green light for unethical business practices.

4. For every instance of dishonest advertising that is stopped, there are probably hundreds that slip by.

5. Anti-government types looking for legitimate uses of taxpayer funds for critical government regulation of private enterprise should start here.

For example: Continue reading

Googling Potential Jurors in Court: Not Unethical, Just New

I sometimes facetiously tell legal ethics classes that the average judge is ten years behind the average lawyer in technological acumen, who is five years behind the average 13-year-old. The law and legal ethics consensus is always playing catch-up with technological developments, and every time technology is put to a new or unexpected use in a trial, some judge may react to it like a Cro-Magnon encountering his first flame.

This happened recently in the case of Carino v. Muenzen (N.J. Super. Ct. App. Div.) During jury selection, plaintiff’s counsel began using his laptop computer to go to the Web and seek  information on prospective jurors. Defense counsel objected,  and the following exchange took place: Continue reading

Ethics Rant: “Medal of Honor”, Rev. Jones, and Imam Rauf

Almost everything has been reminding me of the “Ground Zero Mosque” lately. It is driving me crazy, perhaps because the rhetoric of the pro-Cordoba House “You’re a bigot if you don’t think this is the best idea since Disney World”  crowd is increasingly unfair and absurd, and getting worse by the minute. Or perhaps it is that the inconsistent reasoning and blindness to embarrassing analogies exhibited by just about everyone who comments on this issue has reached the detonation point. Continue reading