Ethics Quiz: The Strange Case of the Illegal Lawyer

“Hey Fred! Here comes your attorney!”

Sergio Garcia was brought across the Mexican border into California, at the age of 17 months, by his illegally immigrating parents. Thanks to the muddled and inconsistent enforcement of its immigration laws, Garcia graduated from Chico State University, a Florida law school and passed the California State Bar exam in July 2009., all while being in the country illegally. Now a special committee of the California Bar has recommended that he be licensed to practice in the state, but the California Supreme Court has reservations, and wants to read briefs on the issue. That issue is also the Ethics Alarms Quiz this weekend, and I must admit, it is a question I never thought would rise to status of a debate:

Should an illegal immigrant be allowed to practice law? Continue reading

The Right Kind of No-Tolerance Policy: Will Obama Get A Halo For Prison Rape Reform?

If backing gay marriage earns a rainbow halo, stopping prison rape at least warrants this….

The Justice Department just announced the first comprehensive federal rules aimed at “zero tolerance” for sexual assaults against inmates in prisons, jails and other houses of detention. The new policy has teeth in it, decreeing that states that don’t take adequate measures to prevent sexual assault on prisoners will lose federal prison  funds. This initiative was disgracefully long in coming, but begins the repair of the human rights atrocity going on in the nation’s prisons literally since the first cell door clanged shut. It is the right kind of “no-tolerance” policy, because allowing prisoners to rape other prisoners—it is estimated that at least 10% of all inmates experience sexual assault—-should never have been tolerated. That it has also been used by law enforcement and popular culture to enhance the deterrent power of imprisonment, essentially making rape a culturally and governmentally sanctioned element of the penal system, should weigh heavily on the national conscience for years to come. It was un-American, as vile a desecration of the principles of our country as torture.  Continue reading

Ethics Round-Up in Race, Religion and Sex: GOP Bigotry, Georgetown’s Integrity, and Warren’s Absurdity

Help! I’m buried in great ethics stories!

This is one of those periods in which there are so many juicy ethics stories that I am falling far behind. Here are three that are worthy of longer treatment that I can’t allow to get lost in the crowd: Continue reading

Occupy Eduardo Saverin

Too bad for Severin that they don’t make students read this any more.

You use the culture, markets, resources and freedom of the United States to turn your innovation into a fortune, and when your nation needs you, more than ever, to contribute your fair share to address its serious economic crisis, you decide to flee to foreign shores.

 That’s Facebook co-founder Eduardo Saverin.

Despicable.

Occupy Wall Street and its offspring engage in slander and bigotry by characterizing all wealthy, successful individuals as selfish leeches, but their stereotype fits Saverin like a wetsuit. As his company is poised for a public offering and his shares in it are about to lay golden eggs, he has decided to give up his citizenship, and his tax obligations, to live in luxury in Singapore. This will save him at least 67 million dollars in taxes, and probably more. His lawyer-spokesman says that the timing of Saverin’s exodus is coincidental; he just had an overpowering desire to live in Singapore.

Right.

Well, good riddance. The U.S. needs his money, and had a right to it, but it doesn’t need him. He is an ungrateful, greedy and selfish wretch, and richly deserves to be remembered as this generation’s Philip Nolan, “The Man Without A Country.”

__________________________

Facts: Bloomberg

Graphic: Barnes and Noble

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Jamie Lynn Grumet, Child Abuser

Those were the days….

My focus in the earlier post regarding Time Magazine’s borderline kiddy porn cover, showing a young woman with one breast exposed as a three-year-old child simultaneously sucks on it and eyes the camera, was the sleazy professional ethics behind such a flagrant attempt to attract sales through titillation. It never occurred to me that the photograph was real, and that the model had dragooned her own toddler son into the public eye as the world’s most-viewed breast-feeder. It never occurred to me because it seemed obvious that doing this would be spectacularly irresponsible and wrong, indeed a form of child abuse and as well as an abuse of parental power.

Ironically, I was a sucker. Continue reading

Ethics Hero: Hillary Clinton

Those are four words I once would have bet I would never type.

Real. Honest. Brave. Beautiful. Thanks.

The Secretary of State deserves them though, for appearing in public, before the cameras, with no make-up and just a touch of lipstick. Let Fox News and the Matt Drudge mock: Hillary didn’t “forget her make-up.” She just decided “to hell with it.” And, as the Washington Post correctly noted, she looks just fine.

I just spent an event sitting next to the wife of a friend. She must be pushing 70, and her face and hair would not provide a single clue that she was more than 45, except for this: but for the movement of her eyeballs and occasionally her lips, her expression was completely unchanging.It was creepy. Her husband, whom I hadn’t seen in about ten years, was aging normally, but now his marriage of 40-plus years looked like he had robbed the cradle, albeit the cradle of a family afflicted with genetic facial paralysis. What’s the point? Why do American women feel the need to feign youth, even to those who they can’t possibly fool? Hillary looks like a real person to me; my friend’s wife looks like she may crumble into dust when the sunlight hits her. Continue reading

Elizabeth Warren and an Affirmative Action Flashback

Over at Popehat, Patrick, the more flamboyant of the libertarian performance artists who blog there, has erected a harsh condemnation of Elizabeth Warren’s attenuated Native American pose, as well as her subsequent defense of it. A sample:

“The truth about Elizabeth Warren is that, when she chose to call herself a Cherokee Indian, she failed to consider that she might one day be called on her claims. The truth about Elizabeth Warren is that her decision to call herself a Cherokee Indian, at a time when she thought no one would ever call her on her claim, was more revealing of her character than all of her actions since becoming a politician in the spotlight. The truth about Elizabeth Warren is that she will lie about her background for professional advantage when she thinks that she can get away with it. The truth about Elizabeth Warren is that it is only now dawning on her that lying about one’s race in order to gain affirmative action benefits is considered, by many, to be no different from lying about one’s college diploma, or lying about winning the Congressional Medal of Honor. The truth about Elizabeth Warren is that she is no more deserving of a seat in the United States Senate than she is of a seat on the Cherokee Nation’s tribal council.”

I more or less agree with Patrick on all points, and the criticism of his post from commenters has reinforced that conclusion. For the most part, their protests boil down to “but she’s a liberal/Democrat/ ally of the 99% and running against a Republican, and that’s what matters, not her character!” If it hasn’t already become obvious, the official position of Ethics Alarms is that if the public chose its elected officials on the basis of demonstrated virtues like  integrity, courage, honesty, fairness and responsibility rather than partisan affiliation, single issues and official policy positions, the nation would be far better served. Patrick’s post, however, following on the heels of my own, also sparked a flashback to a conversation I had almost 40 years ago, when I was working in the administration of Georgetown Law Center. Continue reading

The Curse of the Honest Vice-President and the Evolving President

“EEEK! The President is EVOLVING!!!”

Vice-President Joe Biden sent Washington, D.C.’s pundits into a tizzy when he told  NBC’s “Meet the Press” last Sunday that he was“absolutely comfortable” with same-sex marriage. It is amazing, when Biden has lapped all previous Vice Presidents in goofs, mistakes, outrageous statements and embarrassments that this statement—honest, reasonable and forthright—should be regarded as a serious blunder. What did he do wrong this time? As Dana Milbank of the Washington Post put it, Biden “committing the classic Washington gaffe of accidentally speaking the truth.”

And why is it a gaffe for this Vice President to tell the truth by stating his support for a position strongly favored by the majority of Democrats, and increasingly the public as a whole? Why would Biden be off message by embracing a core cause of the gay, lesbian and transgendered community, which is overwhelmingly in the Obama camp? The answer is that he has embarrassed the President by calling attention to the fact that President Obama has conspicuously avoided making such a clear and unequivocal statement on the issue, because he wants to avoid being open, honest, direct and truthful about his views on gay marriage until after the election. Continue reading

Is Buzz Bissenger Right? Should College Football Be Banned? Is He KIDDING? Of Course It Should. And Everybody Knows It.

Scholars all, I’m sure.

Not for the first time, sportswriter and commentator Buzz Bissinger has everybody buzzing about one of his frank opinion pieces, this one launched in the Wall Street Journal. His provocative title: “Why College Football Should Be Banned.”

Bissinger deserves credit for being willing to bite the hands that feed him: he is the author of “Friday Night Lights,” and many of Bissinger fans, at least up to now, tend to be football fans too. His article, however, is also one of those periodic slaps in the face of cultural apathy that occasionally causes a shift, as when Harriet Beecher Stowe wrote a little novel that alerted a lot of people to the obvious fact that a system in which human beings were bought, sold, and bred like cattle might not be consistent with civilized morality. It doesn’t take a genius, a revolutionary or a careful analyst to conclude that big time college football is corrupt and corrupting to the core. It only takes a willingness to brush aside rationalizations and face the truth.

Here are the arguments Bissinger presents to support his thesis:

  1. Football has nothing to do with academics.
  2. It is a distraction from both the purpose of higher education and attention to the serious problems facing the university system.
  3. With college tuition reaching outrageous levels and the college loan system teetering, university expenditures on pricey football programs are unconscionable.
  4. The major beneficiaries from college football are the NFL, which uses it as its minor league system at minimal cost; pathetic alumni, who wrap their self-esteem up with the fortunes of their alma mater’s football fortunes; and obscenely-compensated football coaches.
  5. Football programs, contrary to what the public might think, often lose money and become a drag on tuition funds.
  6. Colleges like Maryland have cut other varsity sports (eight of them, in Maryland’s case) to allow it to pay for football.
  7. The representation that the athletes are students is largely a sham, with many of them failing to graduate and the majority spending minimal time on substantive course study.
  8. The athletes are exploited.
  9. The game entails serious health effects, primarily head trauma, that are only now being recognized.

I’m sure we can come up with a #10, too. Oh! I have one: Penn State. We were just given a front row seat to a frightening display of how even a “model” football program could warp the priorities and ethical values of an entire campus culture.

Of course Bissinger’s attack has college football supporters scrambling into a defense formation. What can they come up with? Not much, but it’s a fascinating study of how rationalizations rush into voids caused by the lack of substantive arguments. One college football-hyping blog’s first response was this: Continue reading

Estate Tax Ethics

This was not my father. For one thing, he was shorter.

My sister and I finally settled up the estate of our parents after over a year of paper signing, meetings with accountants, and mind-numbing calculations. The estate, as my folks wanted it, was divided 35%-35%-30%, with the last portion going into a trust for the three grandchildren. The amount of money in the estate was a shock to my sister and me, and a very pleasant surprise, though for all the problems the money will solve, we would have forfeited all of it to have Mom and Dad alive today. Still, being able to give over substantial assets to their children and grandchildren was one of their lifelong goals, and they would have been satisfied and proud that they succeeded so spectacularly.

My sister, a good, reliable liberal, asked me whether I felt guilty about the inheritance. I said yes, in the sense that I wish our parents hadn’t been so resolutely frugal in their retirement, and had spent more of the money they earned and saved on more of their own pleasure and enjoyment rather than squirreling it away for us. But did I feel any pangs of conscience because the money wasn’t going to Uncle Sam’s coffers?

Absolutely not. Continue reading