Arizona, Illegal Immigration, and Ethics

The State of Arizona has passed a controversial law to address the serious social, economic and law-enforcement problems caused by the bi-partisan abdication of the core government responsibility to protect our borders and enforce a fair and rational immigration policy. President Obama calls the law “misguided,” which suggests, in the absence of any current efforts by his administration to deal with the illegal immigration crisis, that he believes that doing nothing at all is “well-guided.” It isn’t. It is irresponsible and unethical.

The governance ethics principle involved here is clear, and it is one that the Obama Administration has been willing to embrace when it considers the objective important enough. For example,  national health care insurance reform will not work unless everyone who can afford to do so buys health insurance. This raises serious issues of Constitutionality and, as two seconds of listening to conservative talk radio will let you know, slippery slope problems. Never before has the State presumed to order individuals what to buy. (You don’t have to buy auto insurance if you’re willing to eschew driving.) It doesn’t take much imagination to think of ways this intrusion into personal liberty could be abused, but the alternative is not to fix the problem, Obama reasons, and that is even more unacceptable, at least if you care about the problem. In leadership and government, fixing the problem is the prime directive, and yes, this means Utilitarianism in its strongest and most potentially dangerous sense. You have to make the system work, and often, more often than we like to admit, that means ethical trade-offs. The government ethics principle is “Fix the problem with a good faith solution, and do everything possible to minimize the bad side effects as they appear.” Continue reading →

More Bad Parent Ethics

None of them shipped their child to Russia, this week’s bad parents betrayed an infant, a 13-year old boy, and an adult daughter spiraling toward disaster… Continue reading →

License Plate Ethics: Is a Hateful Message Unethical If Nobody Understands It?

Virginia’s Department of Motor Vehicles, following analysis worthy of the cracking of the ENIGMA code during World War II, concluded that a vanity plate reading “14CV88” was “racially offensive” and had to be pulled from the road. Prof. Eugene Volokh raises the issue of whether this violates the First Amendment (he suspects it does), but the more interesting question, at least for me, is whether there is anything unethical about displaying a message like this.

Oh! I forgot to explain to you why you too should be horribly offended at the “message!”  Continue reading →

Why Lawyers Should Work “For Good”

Pro bono legal work (short for pro bono publico, or “for the public good”) is when lawyers take on cases free of charge. Some lawyers—and you know who you are!—would say that the primary reason to take on pro bono cases is that membership in the Bar requires it. That’s compliance, however, driven by non-ethical considerations, not ethics. There are excellent reasons to work pro bono that have nothing to do with being able to check off mandatory hours, and everything to do with the crucial roles lawyers have a duty to fulfill in a free society.

Georgia attorney Dawn Levine compiled this list of  “The Top Eight Reasons to Take Pro Bono Cases;” I recommend the whole article. Her list, however, should be posted on the walls of every attorney’s office. It represents the best aspirations of an unfairly maligned profession. Here it is… Continue reading →

Ethics Quote of the Week

“For many African-Americans, these facts can be difficult to accept. Excuses run the gamut, from ‘Africans didn’t know how harsh slavery in America was’ and ‘Slavery in Africa was, by comparison, humane’ or, in a bizarre version of ‘The devil made me do it,’ “Africans were driven to this only by the unprecedented profits offered by greedy European countries.”

—Henry Louis Gates, in his New York Times op-ed, “Ending the Slavery Blame-Game,” confronting the complicity of Africans in American slavery by selling their own people to slave-traders.

Harvard professor Gates, a respected authority on race in America despite his problems with the Cambridge police, has made an admirable effort to take the issue of reparations out of the context of racial guilt-mongering and forcing advocates to deal with facts rather than emotion. The fair starting point for discussions, Gates points out, is that the ancestors of white and black Americans profited from slavery.

Does this rule out any fair and coherent allocation of slave reparations, which were conceptually problematical already? Probably, and if so, we should move on to more productive debates. Gates is brave and responsible for shining light on a genuinely “inconvenient truth.”

Comedy Central’s Unethical Self-Censorship

“I disapprove of what you say, but I will defend to the death your right to say it.”

—–Evelyn Beatrice Hall (describing Voltaire’s attitude toward freedom of speech.)

“We will defend to the death your right to say anything to get a laugh, unless you are threatened by religious zealots and terrorists, in which case we will fold like Bart Stupak in an origami competition.”

—–Ethics Alarms (describing Comedy Central’s attitude toward freedom of speech.)

Continue reading →

Don’t Tell Mom the Client’s Dead

The Minnesota Supreme Court has suspended a lawyer for settling a case without revealing to the opposing side the small matter of his client being dead. There aren’t many misconceptions a lawyer is absolutely required to correct by informing the other side, unless the lawyer or the client clearly created a the misconception by its own words or actions. But the death of a client mid-case is one of them. Continuing to negotiate as if the client is alive is an affirmative and material misrepresentation.

This principle is always good for a laugh in a legal ethics seminar, but instances of its application are rare. In this case, the suspended lawyer may have uttered a famous quote when his adversary, after agreeing to a settlement, heard that the client had died and asked him whether it was true. Thomas Lyons, Jr. replied, “Yes. How ironic!” Continue reading →

Mayor Bloomberg’s Off-shore Tax Havens: Legal, and Wrong

It has been revealed that New York City Mayor Michael Bloomberg’s family foundation makes extensive use of off-shore tax havens and hedge funds in the Cayman Islands, avoiding U.S. taxes that other major foundations choose to pay. You know the Cayman Islands: that’s where the criminal law firm in John Grisham’s novel The Firm helped its Mafia clients hide their income. I’m not suggesting that Bloomberg is ripe for a takedown by Tom Cruise. I am suggesting that it looks terrible, and leaders have a duty to avoid looking terrible. Continue reading →

Tea Party Vengeance

What possible justification can there be for setting out to get someone fired for expressing a private opinion, however crude or confrontational? Vengeance isn’t a justification. Intimidation isn’t a justification. Neither is “because I can.” Causing someone to lose his or her job as retribution for legal conduct with no connection to that job is meanness for the sake of meanness, bullying, and a bright-line violation of the Golden Rule.

This is what the head of a prominent Tea Party organization did to Lance Baxter. Continue reading →

Ethics, Punishment and the Dead Child in the Back Seat

Washington Post columnist Gene Weingarten received a Pultitzer Prize for his feature, “Fatal Distraction: Forgetting a Child in the Backseat of a Car Is a Horrifying Mistake. Is It a Crime?” Focusing on the grief of parents who caused the deaths of their own children by negligently leaving them locked in over-heated cars, Weingarten, to his credit, doesn’t advocate a position in his article, although it would be impossible to read it without feeling compassion and empathy for his subjects, both those who have been prosecuted and those who have not.

The article squarely raises a classic ethical conflict, as well as the question of the role of punishment in society. As always with ethical standards, the issue ultimately encompasses how we decide what is in the best interests of society. Weingarten points out that there is no consensus on whether parents who inadvertently kill their children in this way should be brought to court: some prosecutors bring charges, others do not. Which is right?

I don’t like my answer much, but I think it is inescapable, once the emotion is left behind. Continue reading →