Five Questions and Answers About The Steven J. Braun Law Firm Halloween Party Outrage

Imagine: tasteless Halloween costumes!

Background: New York Times Joe Nocera is stirring up public outrage because some employees of a law firm involved in questionable foreclosure practices attended the firms 2010 Halloween party dressed as homeless people. Photos taken at the Steven J. Baum law firm’s Halloween party last year were passed along to Nocera by a former firm employee.  In one that was posed on the Times site, two party-goers are dressed as  homeless people, with one holding a sign that reads, “I lost my home and I was never served.” Nocera wrote that the costumes show an “appalling lack of compassion.”

Here are ten questions and answers regarding ethics issues raised by the incident. Continue reading →

Herman Cain, the News Media’s New Sarah Palin

Calling Herman Cain an Oreo and an Uncle Tom is bad, but comparing him to Sanjaya? Is there no limit to media cruelty?

At least when the media and pundits decided to suspend basic principles of fairness and decency to attack Sarah Palin for the unforgivable crime of being an outspoken conservative woman (even before she had a chance to show she deserved to be attacked for other reasons), she had been nominated for Vice President. Business executive Herman Cain, a similarly reviled aberration from the expected norm as a black Republican, is now getting equally unconscionable journalistic treatment just for getting decent poll numbers.

I will move past the race-based attacks from columnists and the MSNBC hit squad that have explicitly referred to him as an Oreo, an Uncle Tom, a black man who “knows his place,”  “the GOP’s token,” and “the Sanjaya of the Republican field,” as well as the many demeaning references to him as a “joke candidate,” and go right to this weekend, when the Palin standard was on bright display.

Here is part of the interview of Cain on “Face the Nation,” after host Bob Scheiffer showed Cain’s bizarre web ad, which ends with his campaign manager taking a puff on a cigarette:

Continue reading →

Occupy Wall Street: “This Is What We Want!” Finally! Oh…THAT.

Time to stop wasting our time.

After more than a month of demonstrations that have cost millions, deflected local governments from vital matters, inconvenienced and clogged cities across the country, invigorated anarchists, communists, fascists, free-loaders and loonies, suckered desperate Democrats into declaring common cause with a mob, and exposed the worst of Left-wing punditry as the embarrassing demagoguery society that it is…and after well-intentioned demonstrators have been robbed, arrested, and injured…the Occupy” movement finally is finally ready to declare what it wants.

It’s about time. Large-scale demonstrations to express “frustration” are the advocacy equivalent of humming, or maybe belching: speak clearly, or get off the street.  On October 9, Ethics Alarms described the Occupy Wall Street demonstration, in the context of pointing out the friendly mainstream media embrace of a left-ish, anti-capitalist mob in contrast to its open contempt for the peaceful, focused and conservative Tea Party, as “incoherently chanting anarchists, radicals and unemployed youths…advocating nothing constructive whatsoever.” Many of the site’s distinguished readers objected to that characterization, with one, blogger Jeff Field,  promising to produce an articulation of what the protest really wants to accomplish. Today he fulfilled that promise by sending me a statement by an “Occupy” supporting group, with his introduction, “This is what we want.” I am genuinely grateful to Jeff…especially since it shows that I was correct in my assessment, however harsh. Continue reading →

The Damage Incompetent Pundits Do: Criminal Defense Misconceptions

See? I WARNED you not to listen to Mercedes Colwin!

A couple of months back, I flagged some outrageously mistaken commentary on Sean Hannity’s radio talk show given out by Mercedes Colwin, who is a lawyer but prone to howlers whenever she shows up on Hannity or Fox News, which I suspect favors her for qualities that have nothing to do with her law practice. On the occasion that roused my ire, Colwin suggested that she could not defend a criminal client who told her he was guilty, because she was “an officer of the court.”

This is pundit malpractice grafted to legal incompetence: a defense attorney MUST maintain a client’s legal innocence whether the attorney knows the client is guilty or not, and being an officer of the court has nothing to do with it.

Colwin, who was discussing the Casey Anthony trial, represented herself as an expert and then reinforced the most persistent and most damaging popular misconception about the legal system, which is that there is something unethical about defending guilty criminal clients. The system has to be held to a high standard of due process, and even an “obviously” guilty defendant must be proven guilty with admissible evidence beyond a reasonable doubt. Defense attorneys are there to make sure the state meets its burden of proof by making the strongest argument for their clients’ innocence as possible, whether the defendant has confessed his or her guilt or not. For one thing, a defendant often doesn’t know if he is legally guilty, even if he “did it.” For another, even if he did it, the state still has to prove it.The defense’s job in to make sure it does, Continue reading →

Comment of the Day: “Better Late Than Never: The ACLU Finally Opposes the High School War On Off-Campus Speech”

Our often hyperbolic correspondent Elizabeth offers her rebuttal to the apparently unshakable conviction of commenter Xenophon that the needs of school discipline justify schools punishing students for a personal blog or Facebook post, in this case, one critical of a teacher. Here is her Comment of the Day on the post Better Late Than Never:  The ACLU Finally Opposes the High School War On Off-Campus Speech:

“…This kid wrote one post to ten friends only. He did not put it out for all to see. Apparently if the ACLU is willing to defend him he didn’t threaten/defame the teacher or anyone else, disrupt the school, or cause anything other than some kind of righteous anger on the part of one teacher, who, immaturely, went to “higher authorities” to have him “disciplined.” Ever had a teacher you didn’t like or who didn’t like you? Are you old enough to remember passing notes in class? It’s no different; just electronic. This is the classic and relatively new hubris of the education system… and the examples are sickening. Continue reading →

“Excuse Me, Sir? You’re About To Die” Ethics

I had a strange experience as I was leaving a plane a couple of weeks ago.

A distinguished-looking man, older than I, tapped me on the shoulder, and said, “I apologize for the intrusion, but I have been sitting behind you, and I noticed that your earlobes have clear creases in them. This is a sure sign that you either have heart disease or will have it, and are at risk of a heart attack. I just thought you should know.”

Now, as it happens, I know about the supposed link between heart attacks and earlobe creases, and even asked my cardiac specialist about it. He said that 1) some studies had found a statistical link; 2) no study had proposed any good reasons for the link, if there was one; 3) it wasn’t worth worrying about; and 4. one can only address the cardiac risk factors that can be changed, and one can’t change the creases in one’s earlobes. Continue reading →

The Ethical Duty To Correct Stupidity

The Martin Luther King Memorial was unveiled without the commission responsible for it bothering to fix what has been almost unanimously condemned as an embarrassing mistake, a rephrased, out-of-context quote on the sculpture base (“I was a drum major for justice, peace, and righteousness”) that misrepresents Dr. King’s career and was also something he never said. This is inexcusable, but at least the boob who unilaterally made the decision spelled “righteousness” correctly. The sign above is emblematic of a different ethical problem, the widespread abdication of the shared obligation to speak up when one sees someone else making a really stupid mistake. Continue reading →

McDonalds, Germs, and the Zealot

Be afraid. Be very afraid.

Erin Carr-Jordan went to a McDonald’s with her children this summer, and was horrified by the condition of the restaurant’s play area. The professor of child development then set out to shame the McDonald’s into cleaning up, posting a video she made showing her findings and the lab results of samples she took, showing a space teeming with pathogens and bacteria.

McDonald’s corporate finally got into the act, agreeing with the mother and explaining to the Los Angeles Times that the conditions were “unacceptable, completely unacceptable … but not reflective of our business and our restaurants” and that the company had “immediate corrective action to thoroughly sanitize the PlayPlace.” That might have qualified as a victory for most moms, but not Prof. Carr-Jordan. She began a full-fledged crusade, investigating McDonald’s and other fast food restaurants in 11 different states in recent months to test them for cleanliness. These were her family vacations: “Kids, forget about Walt Disney World. We’re going to spend the next three weeks going to  filthy fast food joints!”  What fun. She swabbed  at each location and sent the samples off to a microbiology professor who analyzed the samples and usually stated his results as “OH—MY—GOD!!!!” Continue reading →

Incompetent Elected Official of the Week: Texas State Board of Education Member Ken Mercer

The Future: Mercer High School Graduating Class, 2021

I think we should be able to agree on this: someone who is elected to a state school board should not be a) criminally ignorant and b) an idiot. Yes, I know that no one elected to any public office should be either of these things, but there is something especially offensive about the educational policy in a state being made by people who by all available evidence are either uneducated themselves or uneducable.

This naturally raises the matter of Texas State Board of Education member Ken Mercer (R-San Antonio). You think I am being too harsh on Mr. Mercer? Consider this statement on the topic of evolution, which Mr. Mercer considers a laughable myth: Continue reading →

Bonus Comment of the Day: “Naming Your Kid After Hitler…”

"Be proud of your name, little Adolf! It has a nice ring to it--sounds like someone important! And tell your little friend Joe Mengele that HIS name is fine, too. What's that? Well, sure we can go to Poland for your Spring Break! What a novel idea!"

I couldn’t resist this one, since I needed a hammer to close my mouth after I read it, because my jaw locked. The opinion is ridiculous, of course, but the comment is still enlightening: this is what happens when essentially good and virtuous instincts blind logic and common sense. The number of unethical, or just plain stupid things that occur when this happens is one of the tragedies of life. Or, to take a more charitable view, such a comment is what happens when someone has an essentially ethical position but picks the most inappropriate platform for it imaginable, and in trying to squeeze an important sentiment where it doesn’t belong, ends up discrediting an otherwise valid point. (Don’t do that.)

Here is Allan’s Special Bonus Comment of the Day, on Naming Your Kid After Hitler: 100% Legal, 100% Child Abuse. Hold on to your jaw: Continue reading →