Ethics Dunce: Professor Lara Bazelon [UPDATED]

The click-bait headline is, “I’ve Picked My Job Over My Kids : I love them beyond all reason. But sometimes my clients need me more.”

The author is well-published law school professor Lara Bazelon, who often opines at Slate. I could, but I won’t, give Bazelon the benefit of the doubt, assuming that as a lawyer and advocate, the article is intentional hyperbole and intended to both spark debate and to assuage the conscience of other working moms. Lawyers, however, are not supposed to mislead or lie. If Bazelon doesn’t believe that she has picked her job over her kids, then she shouldn’t write it. If she does believe it, then she is rationalizing away a breach of duty.

There are millions of working mothers who have no choice other than to work when their children may need them, but Bazelon is not one of them. She writes, Continue reading →

Morning Ethics Warm-Up, 7/2/2019: Monkeys, Howlies, Nikes, And The Great Tag Hoax

Gooooood Morning!

1. Talk about a newspaper column that is exactly the opposite of the truth! The Times had an essay in its “Review” section this Sunday with a title that gave me a shock: “Want to Be Less Racist? Move to Hawaii”

The headline would have been more accurate if it read, “Want to live in the only state with lawful and open racial discrimination? Move to Hawaii!” Hawaii gives special benefits to residents with full or partial Native Hawaiian ancestry. There is a special  Hawaiian registry program which verifies an individual’s Native Hawaiian ancestry, so the favored race can receive such goodies that are unavailable to other racial groups as buying land for a home at only $1 a year,  low-interest loans, and admission for their children to the elite Kamehameha Schools.

Anecdotally, I can also state that the only time in my life that I felt I was the target of racial epithets was in college, when the Hawaiian contingent frequently derided me and my white room mates as “howlies,” a disparaging Island term reserved for anyone who is not a native Hawaiian. I will always remember my 6’5″ roommate Dave ending the practice by saying to the two main offenders, “If I ever hear that word from any of you again, I promise that I will shove you, Howie, directly up Reggie’s ass, head first.  Are we clear on that?”

Dave never bluffed, and seldom joked. That was the last time we were called “howlies.”

2. Nike is not just scum, but cowardly, sniveling scum. Nike Inc. cancelled a U.S.A.-themed sneaker featuring the Betsy Ross American flag because Head NFL Kneeler Colin Kaepernick, a Nike endorser, told company officials that he and others felt that the  historic flag is an offensive symbol because of its connection to an era of slavery.

The Air Max 1 USA had been designed for release in celebration of the July Fourth holiday, and scheduled to go on sale this week. The heel of the shoe featured a U.S. flag with 13 white stars in a circle, the original flag created during the American Revolution and known as the Betsy Ross flag.

Wow! How racist can you get!

Continue reading →

The Attack On Andy Ngo

This is yet another story among many exposing the ugliness at the heart of the “resistance” and the increasingly fascist American Left…and, as the night follows day, another story that the mainstream news media is attempting to minimize.

Andy Ngo, a conservative journalist and pundit with the emerging online opinion and news website Quillette, attended  a Portland, Oregon “Him Too” rally over the weekend. “Him Too” is a counter #MeToo movement that focuses on false rape and sexual assault allegations.  It was a small rally, with only a few dozen attending; heck, there are probably only a few dozen non knee-jerk progressives in Portland.  The left-wing/Anfifa/Trump Hate  mob that showed up as a counter-protest (aka. “organized effort to constrain free speech by intimidation”), however, was much larger.

That group generated masked thugs who attacked Ngo, a recognized  anti-Muslim critic, a hate-crime skeptic and a foe of the Antifa itself.  Proving his assessment correct, the Antifa beat him and threw what the news media is calling “milkshakes” at him, a description that  is literally a lie designed to trivialize what occurred.  Several of the missiles were cups full of quick-setting cement, not dairy products.  Bloody and battered, Ngo  began livestreaming  on his phone after the attacks, and could be heard asking a police officer, “Where the hell were all of you?” He was admitted to a local hospital for treatment, and at last report, was still there.

While this was occurring, Portland’s finest did nothing to intervene; the police just watched, even as some of them were struck by eggs thrown by the Antifa and the Left’s counter-protesters  threw trash cans, newspaper stands, and patio furniture into the streets. . Portland’s mayor, Ted Wheeler, is also the police commissioner, so media accounts that he cannot be said to have encouraged this dereliction of duty are also partisan, misleading spin.

Wheeler avoided commenting on his police force’s disgraceful performance until yesterday, when he tweeted some insulting boilerplate:

But “we” didn’t stand against the violence, not when a journalist whose political positions are anathema to the hard left views of Wheeler’s city was in the process of being beaten. Note also that the Mayor slyly blames the victim, who, like the group that dared to rally against a popular progressive cause, “incited violence.”

The last two tweets concluded,

How hard is the “real time” decision to stop a mob from beating up a journalist? Continue reading →

Ethics Alarms Encore: “Ethics Quiz: Four Young Children Locked In A Hot Car” (July 31, 2014)

 

[ I’m a mess today; exhausted, distracted, sad. I’m mad at myself about it too, but you can’t reason away or rationalize away grief. Everything makes me think about my little dog. It’s 85 degrees; gee, is it too hot to walk…oh. Right. I feel like a nap: Hey Rugby, want to…oh. Of course. Silly me. Then that TV commercial comes on with the Jack Russell in the car letting his ears blow in the breeze, smiling. Rugby did that. Crap.

So, lazy though it may be, I’m going to put up an old post of interest, an Ethics Quiz. We’re heading into the “locking kids—and dogs—in hot cars” season, so here’s a post about that topic from five years ago.]

______________________________

Mom and mom advocate Lenore Skenazy writes the Free Range Kids blog, which I have to remember to check out regularly. She is the source of today’s Ethics Quiz, which she obviously believes has an easy answer. We shall see.

Charnae Mosley, 27, was arrested by Atlanta police and charged with four counts of reckless conduct after leaving her four children, aged 6, 4, 2, and 1, inside of her SUV with the windows rolled up and the car locked.  It was 90 degrees in Atlanta that day. The children had been baking there for least 16 minutes while their mother did some shopping. A citizen noticed the children alone in the vehicle and reported the children abandoned.

Skenazy believes that the arrest is excessive—that the mother made a mistake, but that compassion is called for, not prosecution:

“[T]he mom needs to be told that cars heat up quickly and on a hot summer day this can, indeed, be dangerous. She does not need to be hauled off to jail and informed that even if she makes bail, she will not be allowed to have contact with her children…No one is suggesting that it is a good idea to keep kids in a hot, locked car with no a.c. and the windows up. But if that is what the mom did, how about showing some compassion for how hard it is to shop with four young kids, rather than making her life infinitely more difficult and despairing?The kids were fine. They look adorable and well cared for. Rather than criminalizing a bad parenting decision (if that’s what this was), how about telling the mom not to do it again?”

Do you agree with her? Here is your Ethics Alarms Ethics Quiz of the day:

Was it cruel, unfair, unsympathetic or unkind for Atlanta police to arrest Mosely for leaving her four young children locked in a hot car? Continue reading →

Ethics Observations On The Marshae Jones Case

In case you missed the facts of this instant ethics train wreck a legal case, here they are:

Marshae Jones,  27-years old, was five months pregnant when she attacked female co-worker, Ebony Jemison, 23, in the parking lot of a Dollar Store. The two had a long-standing and bitter rivalry over their romantic designs regarding a man who worked at the same company and who is apparently the father of the unborn child.  Jones  had Jemison pinned in her car while punching her repeatedly. In self defense,  Jemison grabbed her gun and fired point blank at Marshae’s stomach. The car taking Jones  to the hospital broke down, delaying a medical response. Paramedics eventually arrived, but the unborn child had been struck by the bullet, and died.

A grand juryindicted Jones for  “initiating a fight knowing she was five months pregnant,” but chose not to indict Ebony Jemison, who fired the shot. Despite the confusing and incompetent reporting on the case, it is still not certain that prosecutors in Pleasant Grove, Alabama will ultimately prosecute Jones, who according to all reports wanted her baby.  I doubt that they will.  Lynneice Washington, the district attorney for part of Jefferson County, said last week that no decision had yet been made about whether to go to trial, file lesser charges against Jones, or dismiss the case altogether.

“Foremost, it should be stated that this is a truly tragic case,” her statement said. “We feel sympathy for the families involved, including Ms. Jones, who lost her unborn child.”

Observations:

1. The fact that Jemison was not charged should surprise no one, nor does it reasonably affect the ethical and legal issues at issue here. She was attacked. The law of self-defense almost universally allows the use of deadly force when the alternative is sustaining a serious beating.  If one is attacked by a pregnant woman, the response to the attack does not have to be moderated because of the possible consequences to an unborn child. The responsibility for any adverse result to the fetus is completely the expectant mother’s.

2. Thus this headline by ABC and others like it— “Alabama woman charged in fetal death, her shooter goes free”—are inflammatory, misleading and biased journalism, blatantly attempting to take Jones’ side.

3. Alabama law declares a fetus to have the rights of a person from the moment of conception. There is nothing unethical or unreasonable about such a law, whether or not you agree with it. The reverse law, that a fetus/embryo/unborn child has no rights until birth is also ethically and legally defensible. Both cause practical problems and ethical conflicts and dilemmas, as do any compromise positions.

4. As long as a jurisdiction allows abortions within Supreme Court guidelines, there is nothing unethical about the jurisdiction prosecuting someone other than the mother who kills a fetus, intentionally or through negligence. 38 states have laws that classify fetuses as victims in homicide or assault, according to the National Conference of State Legislatures. In Alabama, a “person” includes embryos and fetuses at any stage of development, and the state leads the nation in such prosecutions. Last year, Jessica Lindsey, 29, was sentenced to 10 years in prison after pleading guilty to chemical endangerment for using heroin while pregnant. Raven West, a heroin addict who gave birth to a stillborn baby, received a five-year suspended sentence last year. And Alexandra Laird, who gave birth to two children who tested positive for heroin, received two suspended 10-year sentences and access to a treatment program, according to court records.

Regarding those three results: Good…Good…Good. I have no problem with them.

4. The question is, how different is a pregnant woman who starts a parking lot fist fight that precipitates sufficient violence to kill her unborn child from a woman who knowingly ingests toxic substances that harm or kill a fetus? I don’t see a material difference. If not, then why is it unreasonable to prosecute Jones?

5. It is amazing how deftly the same progressive advocates can turn on a dime and go from “Think of the children!” to “DON’T think of the children!” depending on what’s expedient at the time.

6. Although Alabama is currently challenging Roe v. Wade, this case has nothing to do with its defiant anti-abortion law. I see no reason to believe that Jones wouldn’t be charged under the same criminal statute a year ago or five years ago. This episode has just given pro-abortion advocates an opportunity to attack the state and make Jones into a martyr, though she was not seeking an abortion. At about 20 weeks pregnant, Jones was within the range where she could have had an abortion before the new law, so the feminist argument is, I guess, that if you can legally abort an unborn baby, you should also be able to get it shot without any consequences.

Nice.

7. The callousness with which the news media tries to spin stories related to the unborn is striking. Here’s the Washington Post:

“The 27-year-old was five months pregnant when she was involved in a fight that, authorities say, prompted a woman to fire a gun in self-defense. The bullet tore through Jones’s abdomen and caused a miscarriage.”

No, the bullet struck the unborn child and killed it. That’s not a “miscarriage.”

8. Whatever the outcome, Jones caused the death of her unborn child through outrageous, violent and uncivilized behavior, and warrants no sympathy whatsoever.

As always in such stories, her family says that Jones is a saint. Her mother calls her “a fun-loving mom, churchgoing, a hard-working lady,” insisting, “My child just doesn’t bother anybody.”  Except, that is, a woman trying to make time with the father of Jones’ unborn child, in a parking lot, where she engages in a fist fight. Yeah, that Marshae is a responsible, model citizen! How could this happen to her?

9. Her lawyers say, absurdly,

“This young mother was shot in the stomach while five months pregnant and lost her baby as a result. She lost her home to a fire and lost her job. Now, for reasons that defy imagination, she faces an unprecedented legal action that subjects this victim of violence to further distress and harm.”

I know lawyers must defend their client’s zealously, but this is legal demagoguery.  She was shot because of her own criminal actions. She was fired because she attacked a co-worker. She was a “victim of violence” necessitated by her own attack. I don’t know what the fire has to do with anything; the statement just as well might have said, “And she faces painful root canal work due to chronic tooth decay.” Talk about throwing in everything but the kitchen sink!

10. I think this is worthy of another poll.

________________________________

Sources: ABC, Washington Post, New York Times

Morning Ethics Warm-Up, July 1, 2019: Movies, Cultural Literacy, “A Nation Of Assholes,” And The Mystery Of The Fake Public Defender

Good Morning!

1. Any ideas about what was going on here? I’m stumped. This is New Orleans public defender—that is, former  New Orleans public defender—Ashley Crawford:

She began working for the Orleans Public Defenders last October, and since that time apparently handled over a hundred cases without having ever acquired a license to practice law. The Orleans Public Defenders said the bar certificate of good standing she presented to the office last fall when she was employed had been falsified, and Ashley used the bar number of another attorney. She’s fired now, and facing charges.

Crawford  graduated from  the Loyola University New Orleans College of Law in 2016, then  clerked for a New Orleans judge beginning that fall. Judicial clerks are not required to pass the bar exam, though many do.

Why would she—would anyone—do this? Now she is facing criminal penalties, and will never be able to practice law legally. It should be far easier to pass the bar exam and be admitted properly than to fake having a law license. She also has caused havoc for the judicial system: any defendant convicted while being represented by Crawford has an automatic right to a new trial.

There’s a lesson, a tragedy, a made-for-TV movie here; I just wish I knew what the lesson is. Continue reading →

Unethical Website Of The Month: JoeBiden.info, But Not For The Reasons Cited By The New York Times

We haven’t had an Unethical Website Of The Month here since 2018! Once upon a time, I had at least one desiganted every month, over at the currently-down-but -will-get-back-on-line-as-soon-as-I fight-with-the-cheap-hosts Ethics Scoreboard. This is an area where reader tips would help a great deal.

The home page you see above is that of Joe Biden.info, the most trafficked Biden website on the web. Despite the glowing text and cheery photo, however, it is not a pro-Biden project, but a Biden attack site, concocted by Patrick Mauldin, a Republican political consultant and who makes videos and other digital content for President Trump’s re-election campaign. With his brother Ryan, Mauldin, he runs the Vici Media Group, a conservative consulting firm in Austin, Texas.  (Mauldin has also set up parody campaign websites for at least three other Democratic candidates: “Millionaire Bernie,”  “Elizabeth Warren for Chief,”and “Kamala Harris for Arresting the People.” These, however are different in kind, for nobody except an idiot would confuse them with actual campaign sites.)

Now, I read through the site, and you may well ask, “What’s unethical about it?” The answer is very basic: taking a domain name designed to fool people into thinking the site is something it is not is unethical, that’s all. It is also unethical—though legal—to take another individual’s or organization’s name to make a deceptive URL. In my view, this should be illegal, or treated like a copyright infringement: Joe should be able to send a letter demanding that website using his name in a deceptive fashion be taken down.

Under current law however, the site is legal though unethical. It is  more transparent, in fact, than most parody sites. At the bottom of the first screen, and not buried deep in the site, we can see,

This site is political commentary and parody of Joe Biden’s Presidential campaign website. This is not Joe Biden’s actual website.
It is intended for entertainment and political commentary only and is therefore protected under fair use. It is not paid for by any candidate, committee, organization, or PAC. It is a project BY AN American citizen FOR American citizens. Self-Funded.

Continue reading →

Sunday Ethics Warm-Up, 6/30/2019: Post Rugby Edition

This just has to be a better day than yesterday.

And I’m not even referring to the Yankees beating the Red Sox 17-13 in the first MLB game ever played in Europe.

Also, much thanks to the many readers who sent their condolences to me and my family. It helped.

1. Keepin’ a-goin’!  Believe it or not,  having to say farewell to our sweet, vocal and witty Jack Russell terrier  was not necessarily the worst part of our Saturday. This makes today another ethics challenge, that being the theme of the intentionally simple-minded poem used by comic actor Henry Gibson on “Laugh-In,” “The Dick Van Dyke Show,” and later as a country music song in Robert Altman’s “Nashville.”

The ditty was “Keep A-Goin,” and Gibson, unethically, left the impression that he had written it. He hadn’t: the poem was written Frank Lebby Stanton (1857-1927), now forgotten, and Henry (who died  in 2009) bears some of the responsibility for that, though the poem was ripe for stealing since the copyright expired long ago.. The “Nashville” credits claim Gibson was the author of the song. Wrong. Here it is:

Ef you strike a thorn or rose,
    Keep a-goin’!
  Ef it hails, or ef it snows,
    Keep a-goin!
  ‘Taint no use to sit an’ whine,
  When the fish ain’t on yer line;
  Bait yer hook an’ keep a-tryin’—
    Keep a-goin’!

  When the weather kills yer crop,
    Keep a-goin’!
  When you tumble from the top,
    Keep a-goin’!
  S’pose you’re out of every dime,
  Bein’ so ain’t any crime;
  Tell the world you’re feelin’ prime—
    Keep a-goin’!

  When it looks like all is up,
    Keep a-goin’!
  Drain the sweetness from the cup,
    Keep a-goin’!
  See the wild birds on the wing,
  Hear the bells that sweetly ring,
  When you feel like sighin’ sing—
    Keep a-goin’!

Since around 4:30 pm yesterday, I have felt like doing absolutely nothing other than grieving and helping the rest of my family deal with the sadness that engulfs us. But, as another poet memorably said, I have promises to keep, and miles to go before I sleep.

So do we all. Continue reading →

When Bad Ideas Grab The Culture By The Throat: San Francisco Gives A Demonstration

In my one lucky private audience with genius and futurist Herman Kahn, he mused about how societies periodically forget important lessons of conduct that had been that absorbed by the culture over decades or even centuries. The result, he said, can be disastrous, even fatal to a civilization.

At the time he was talking about the Sixties-sparked cultural amnesia about the reasons sexual promiscuity and having children out of marriage were societal poison–forgetting THAT has worked out well, don’t you think?  Yet I have thought about Kahn’s observation a lot lately, as for the second time in my life the nation I live in appears to be suffering from a cultural nervous breakdown.

As toxic as it is, the embrace of historical airbrushing is far from the most dangerous of the  examples of this phenomenon that threaten the U.S. today, but it is one of the flagrant. Not for the first time, San Francisco is giving us a vivid demonstration of what happens when, as Herman put it, “whole cultures go stupid.” If the right lesson are learned  before it is too late, maybe the ultimate effects will be positive.

I am not optimistic.  After all, San Francisco’s peculiar version of social justice has led to a city culture that regards human feces on sidewalks and public places as acceptable. Continue reading →

Rugby’s End

For the first time since my son was about to turn 9 almost 16 years ago, our home is without the extraordinary sweetness and aggressive unconditional love of Rugby, my son’s (but really the whole neighborhood’s) extraordinary Jack Russell Terrier.

He peacefully expired after an injection, as he was held tightly by my son Grant, whom he loved beyond explaining, wrapped in the tattered baby blanket that a toddling Grant himself once held for comfort, and that had lined Rugby’s dog bed in my son’s apartment.

In the end, these decisions always come down to ethical values. We received from our vet the not entirely unexpected news that our dog’s sudden lack of energy and stability as well as labored breathing was almost certainly caused by progressive heart failure. Dickens, his more flamboyant and occasionally diabolical predecessor of the same breed, had perished of the identical malady just short of 15 years of mischief. The first question— Is there anything you can do?— was met by an answer we have heard before in earlier animal companion tragedies: “Maybe, but even under the best circumstances, the time will be short.” Continue reading →