Friday Forum, Open For Business

It’s come to this.

I’m playing “The Learned Judge” in a lightly staged concert version of Gilbert and Sullivan’s “Trial by Jury” this weekend at the Georgetown Law Center. (That’s a different production of the show above.) The cast is made up of current students and alums from the past 50 years. Gilbert’s resolution of the musical law suit in which a jilted bride is suing a rogue for breach of promise of marriage is that the judge (me) decides to marry the plaintiff himself, a decision that she is delighted with. In announcing this “judgment,” I came down to the young woman, a first year law student, playing the plaintiff “Angelina” and placed my arm around gently around her waist, then transitioned to holding her hands in mine as we sang the final bars of the show.

The director asked that I only place my hand on Angelina’s shoulder rather than around the waist, because the production might be criticized for endorsing sexual harassment.

But you all chat about whatever ethics matters are making your lives interesting, exciting, or miserable.

Observations On An Incident At McDonald’s

For various reasons the most convenient route to a late lunch was the nearest McDonald’s, so after my wife’s physical therapy session, I reluctantly hit the drive-thu. All went surprisingly well at first: for a welcome change, someone who could speak clear-English was at the mic, and the order was correct on the screen (though the prices for fast food now are absurd). Two sandwiches, one small fries, no drinks, easy-peezy.

The order was simple, Grace didn’t bother to check the bag when I handed it to her at the window, but it felt light, so she checked after we had pulled away. Sure enough, there was only one of the two sandwiches we had ordered.

Continue reading

What Does It Say About The State Of Higher Education In The U.S. That Its Oldest And Most Prestigious Institution Is The Nation’s Most Hostile To Free Speech?

It’s a rhetorical question. What this says is that the culture of the United States of America, which has been nurtured for centuries to embrace personal liberty and pluralism, is being threatened by its elite educational institutions and the indoctrinated citizens they graduate.

I suppose I should take some satisfaction that I began blowing the metaphorical whistle on my alma mater years ago, and felt sufficiently embarrassed by the ethics rot overwhelming the ivy there to turn my diploma face to the wall and to explain in my class notes that I would be boycotting the class reunion. Simply put, the American college long considered the exemplar for higher education cannot become fascistically woke without dire consequences to the nation. Harvard alumni, many, maybe even most, of whom recognize this, have been negligent in allowing matter to reach this point. But that point has been reached.

Continue reading

The Other Shoe Drops In The Alex Murdaugh Murder Trial Train Wreck

In March, disbarred South Carolina lawyer Alex Murdaugh was sentenced to two consecutive life sentences after a jury found him guilty yesterday of the 2021 slayings of Maggie and Paul Murdaugh, his wife and son. Murdoch, who already faced life in prison for his financial crimes and who is a compulsive liar, was convicted despite an extremely weak case in which the prosecution barely proved necessary elements of the crime. The only motive for his murdering his family the state could come up with was that he did it to was to take attention away from his other offenses. Okaaaaay…

Here is what I wrote about the case after the trial…

“Reviewing the astoundingly thin evidence, I do not understand why the trial judge didn’t throw out the jury’s verdict and declare Murdaugh acquitted because there was not enough to convict him beyond a reasonable doubt as a matter of law. There wasn’t. This was an example of a jury convicting a defendant of murder because they decided he was a bad guy and there were no other suspects. Alex Murdaugh lied repeatedly regarding the deaths of his wife and son and he was undeniably a thief and a sociopath—but prosecutors couldn’t and didn’t present much more than theories about whether he was the killer. Judges are understandably, reluctant to over-ride juries, but in this case it was necessary. If the Trump Deranged reasoning that the conclusion that someone is just an untrustworthy bounder is sufficient to assume guilt of criminal activity is becoming a cultural norm, our justice system is approaching a crisis, if it isn’t in one already.

The news yesterday suggests that the jury verdict may have another explanation.

Continue reading

When Ethics Alarms Don’t Ring: The Education Secretary’s Play List

Wow. What an idiot.

Here are some sample lyrics from the songs our Education Dept. Secretary loves:

“Out o’ town, put it down for the Father of Rap And if yo’ ass get cracked, bitches, shut your trap. Come back, get back, that’s the part of success.”

“Fuck all you hoes. Get a grip, motherfucker!”

“My my, I’m big huh, I rip my prick through your hooters I’m sick, you couldn’t measure my dick with six rulers”

Secretary Cardona can listen to, read and love whatever he chooses, but his tweet—he quickly deleted it, of course, after multiple social media commenters explained to him that the tweet called into question his priorities and judgment—is a red flag to parents who don’t want their children to be immersed in a sexually-obsessed culture when they need to learn academic skills. This is the official who is overseeing U.S. education policy, and he saw nothing inappropriate about endorsing songs with lyrics like “Fuck all you hoes.”

A Climate Scientist Explains How Science, Academia And The Media Collude To Mislead The Public

The “climate scientist” in question is really a climate scientist: his name is Patrick T. Brown, and he is the co-director of Climate and Energy at The Breakthrough Institute. His article in the Free Press yesterday is essentially whistle-blowing on his own colleagues, and not only earns him an Ethics Hero designation, but also contains the Ethics Quote of the Month, which is both ethical in that he has the integrity and courage to make it, and a vivid description of unethical conduct that affects us all.

Here’s that quote:

“The paper I just published—“Climate warming increases extreme daily wildfire growth risk in California”—focuses exclusively on how climate change has affected extreme wildfire behavior. I knew not to try to quantify key aspects other than climate change in my research because it would dilute the story that prestigious journals like Nature and its rival, Science, want to tell.

“This matters because it is critically important for scientists to be published in high-profile journals; in many ways, they are the gatekeepers for career success in academia. And the editors of these journals have made it abundantly clear, both by what they publish and what they reject, that they want climate papers that support certain preapproved narratives—even when those narratives come at the expense of broader knowledge for society.

“To put it bluntly, climate science has become less about understanding the complexities of the world and more about serving as a kind of Cassandra, urgently warning the public about the dangers of climate change. However understandable this instinct may be, it distorts a great deal of climate science research, misinforms the public, and most importantly, makes practical solutions more difficult to achieve.”

This is hardly shocking news, but it is shocking to have one of the scientists—Trust the science! Science is Real!-–who participates in fearmongering climate change propaganda as a means of controlling public policy stating outright what any objective and analytical observer should be able to figure out. Such objective and analytical observers are condemned and mocked routinely as “climate change deniers” and “conspiracy theorists.” His article shows that another description is warranted: right.

Read it all, even though it is likely to make you angry, and to want to shake the piece in the faces of your smug and ignorant climate change fanatic friends and relatives who keep citing “scientific consensus” as justification for expensive and futile efforts to avoid “Climate Armageddon.”

Other infuriating points:

Continue reading

This War Crimes Prosecution Is Vengeance, Not Justice

After Ethics Alarms looked at the case of a German tennis player freaking out because a fan quoted the Nazi-era lyrics of the German National anthem while he was playing a match, I found out that the German justice system has metaphorically said, “Hold my beer!”

German prosecutors announced last week that they have charged a 98-year-old man with being an accessory to 3,300 murders because he served as a guard at the Sachsenhausen concentration camp between 1943 and 1945. The indictment states that he “supported the cruel and malicious killing of thousands of prisoners as a member of the SS guard detail.”In recent years, German courts have ruled that people who helped a Nazi death camp function can be prosecuted as accessories to the extermination there without direct evidence that they participated in any particular deaths.

If a trial goes forward, the unnamed defendant will be tried as a juvenile. He was only 17 when he was required to be a concentration camp guard.

I certainly hope putting a 98-year-old man through the ordeal of a trial and, if he lives long enough, imprisonment for not opposing the Hitler regime as a teenager when the adults around him were going mad makes Germans feel better.

The fact that this cruel prosecution is being brought underlines the deep cultural problems that led Germany to Hitler, and shows that they still are distorting the nation’s understanding of right and wrong.

Ethics Quiz: Censorship At The U.S. Open [Corrected]

Touchy-touchy!

During his a match at the US Open yesterday, German player Alexander Zverev complained that he heard a fan sing out, “Deutschland über alles!” Zverev went to umpire James Keothavong and said, “He just said the most famous Hitler phrase there is in this world, it’s unacceptable. This is unbelievable.”

The phrase, which translates to “Germany above all,” has been removed from the German national anthem, which is sung to melody composed by Haydn, (NOT Handel. as was initially posted). The original lyrics were written way back in 1800, but “Deutschland über alles” is associated with Hitler, the Nazis, the Holocaust, WW II, all sorts of bad things. It’s a casualty of the cognitive dissonance scale.

Continue reading

More On The Fake Defendant Ploy

Yesterday’s post about the lawyer facing disciplinary charges for secretly having someone else pretend to be her client in a hearing that would involve an alleged victim of a hit-and run identifying the defendant in court sparked references to Perry Mason and “Better Call Saul’s” central unethical lawyer using the same trick. I’ve also included a discussion of this tactic in my ethics orientation presentation for new bar members for many years. As some commenters pointed out, in court IDs where the alleged perpetrator of a crime is sitting next to the defense attorney at defense counsel’s table are inherently unfair. Courts have pointed this out too. The “fake defendant” ploy has been justified as avoiding that problem.

However, it isn’t nice to fool the judge. If a lawyer suspects that an alleged victim can’t identify his or her client and will point at anyone in the chair next to defense counsel, having someone who might resemble the defendant (or not) sit where the defendant would be expected to sit while the real defendant sits elsewhere in court might be permitted, but the judge has to be told about the plan and asked to approve it in advance. Not doing so almost guarantees a criminal contempt citation for the lawyer, maybe a mistrial, and eventual bar discipline. In addition, the lawyer cannot and must not refer to the fake defendant as his or her client by word or body language other than having the individual sitting at the lawyer’s table. Most jurisdictions have rules limiting who sits at counsel tables; that’s why Perry Mason’s ploy of using Della, his loyal legal secretary, to confuse the witness might have been at least legal in Los Angeles when he tried it.

Continue reading

Now THAT’S An Unethical Lawyer…And An Ethics Dunce Too!

Lawyer Nicolle T. Phair of Sanford, North Carolina was representing a client in an alleged hit-and-run accident in Lee County, North Carolina, and thought she had an idea for a strategem worthy of Perry Mason. At a hearing, the victim of the accident was going to be asked to identify the defendant, Phair’s client. Shortly before the hearing began, the attorney asked her client to step outside the courtroom. She then went to another courtroom and asked a party in a civil case to “do her a favor.” The favor was to stand beside her in court in the hit-and-run hearing so the victim might identify the wrong man as the driver. Instant reasonable doubt! Brilliant!

Continue reading