fairness

And Here’s Why The Supreme Court Majority Was Right In Shelby v. Holder…

/ Jack Marshall / 66 Comments
Ok, if you don't buy the theory that they hurt the public schools, how about this: they're racist!

Ok, if you don’t buy the theory that they hurt the public schools, how about this: they’re racist!

In its much maligned decision in Shelby v. Holder, the Supreme Court declared that the Justice Department could not interfere with state legislative decisions affecting voting rights based on 60 year old data about racist practices prior to the 1965 Voting Rights Act. The Federal government should not be able to over-ride the will of the people and its elected legislatures without a compelling and overwhelming interest, and allowing the large list of states designated as subject to the Act invited abuse of power. What kind of abuse? This kind:

The U.S. Justice Department has filed a lawsuit to stop the Louisiana from distributing school vouchers to poor black families in any district that remains under a desegregation court order. Over 600 public schools are affected. The argument of Holder’s Justice Department  is just as ridiculous as it reads: it is that “many of those vouchers impeded the desegregation process.” You see, if black children are able to go to better, private schools thanks to the vouchers, the percentage of whites to blacks in failing but desegregated public schools will go up, “impeding” desegregation. Can’t have that! What citizens would want politicized, absurd bureaucrats who reason like this second-guessing their legislature?

As the Washington Post noted in an incredulous editorial it called, pulling no punches, Justice Department bids to trap poor, black children in ineffective schools: Continue reading →

Ethics Quiz: The Deadly Rock Festival

/ Jack Marshall / 49 Comments
Looks like fun! Little do these unsuspecting rock music-lovers realize that a deadly culture lurks at the festival, eager to kill them...

Looks like fun! Little do these unsuspecting rock music-lovers realize that a deadly culture lurks at the festival, eager to kill them…

The final day of New York City’s Electric Zoo Festival, held over Labor Day weekend since 2009, was canceled due to “serious health risks,” according to a release from NYC government.

The reason?  Two fans died and at least four became “critically ill” during the first two days of the festival on  Randall’s Island. The statement from Fortress Bloomberg  explained that the reason for the cancellation was “serious health risks.”  Jeffrey Russ, 24 and Olivia Rotondo, 20,  both died after ingesting the drug ecstasy.

The organizers posted, “The founders of Electric Zoo send our deepest condolences to the families of the two people who passed away this weekend. Because there is nothing more important to us than our patrons, we have decided in consultation with the New York City Parks Department that there will be no show today.” Thousands of non-illegal drug-users who planned their holiday around the festival have been sent home.

Your Ethics Alarms Labor Day Ethics Quiz is this…

Is cancelling the music festival an ethical response to two drug-related deaths? Continue reading →

Comment of the Day: “No, It’s Actually Allison Benedikt Who’s A Bad Person”

/ Jack Marshall / 2 Comments

Liberal-Conservative

Here is David Shuster’s superb Comment of the Day, which is wise and greatly appreciated, on the post No, It’s Actually Allison Benedikt Who’s A Bad Person.

“Can we please drop/reform the “liberal” and “conservative” labels already? You state that Benedikt is a bad liberal; not quite true, she is utterly illiberal. She argues for state-compelled coercion circumventing individuals’ choice of how to raise their children. Her argument rests on illogical Marxist claptrap that prioritizes “the good of society” ie: the collective, over individual free will. I take back my previous statement, she is not illiberal, she is positively anti-liberal.

“I realize that this is quibbling over semantics, but in this case a rose by any other name really does smell differently. The Left and Democrats in general have self-identified for decades as “liberal”. While this label may have been appropriate 50 years ago, it certainly is not now. The Republicans’ social conservatism is rightly derided as illiberal in that it expects individuals’ sexual preferences to be dictated by the state. However, the Democrats’ claims of being “liberal” are becoming more laughable everyday; so much so that they have essentially become a parody of the classical liberal values they assure the population that they stand for. In fact, it appears as though the only things the Democrats envision people being free to do are the things the social conservatives oppose; in short, the Republicans want the state in your bedroom, the Democrats want the state everywhere else.

“We don’t have a “conservative” party and a “liberal” party, we have two statist parties with no alternative. Take gay marriage. I gave tentative applause for the Obama admin taking an explicit stand in support of it (truth be told, IMO the true “liberal” stand on this issue would be for the state to get out of the marriage business altogether, straight, gay, polygamous, whatever and let freedom of association dictate how people live with one another, but I guess that makes me a radical…). However, look at the illiberal consequences of this stance; wedding vendors with an admitted religious opposition to gay marriage but no prejudice against gays personally being forced by the government to render services against their will to gay weddings (see NM supreme court case). It’s beyond belief and IMO a violation of the 13th amendment; how can that be considered “liberal”? Continue reading →

Comment of the Day: “Ethics Dunce: Fox News”

/ Jack Marshall / 25 Comments
Bradley then, Chelsea now.

Bradley then, Chelsea now.

Responding sharply to a commenter’s expressed criticism of the argument that convicted classified data leaker Bradley, now Chelsea, Manning, sentenced to Federal prison and seeking treatment as a trans-gendered female, ought to have his treatment needs served by prison authorities at public cost, Ethics Alarms’ own expert on such matters (from Australia), provided this fascinating overview of U.S. law and medical ethics on the topic. Here is zoebrain’s Comment of the Day on the recent post flagging Fox News’ juvenile mockery of Manning’s gender issues, Ethics Dunce: Fox News:

“There are two disputes here. The first is whether prisoners have a right to medical treatment, and if so, to what degree.I’ll deal with that first.

“Brown v. Plata 131 S.Ct. 1910 (2011):  “To incarcerate, society takes from prisoners the means to provide for their own needs. Prisoners are dependent on the State for food, clothing, and necessary medical care. A prison’s failure to provide sustenance for inmates “may actually produce physical ‘torture or a lingering death.’ ” ….Just as a prisoner may starve if not fed, he or she may suffer or die if not provided adequate medical care. A prison that deprives prisoners of basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized society.” Continue reading →

Ethics Dunce: Fox News

/ Jack Marshall / 60 Comments

Who approved the playing of Aerosmith’s “Dude Looks Like A Lady” over photos of convicted Wikileaks leaker Bradley Manning in uniform and in feminine make-up and garb? Fire him.

This isn’t professional, and it isn’t the proper role of journalists to mock the gender identity issues of public or private individuals. Fox is playing to the worst of its core conservative audience, the gay- and trans-hating troglodytes, and thus embraces bigotry as reasonable and humorous. Manning’s sexual problems are of tangential news value, and to the extent that they are, they should be treated with sensitivity and respect, with Fox’s goal being to educate its audience, not to play playground tease.

It would be impressive and appropriate if one of the more responsible, independent Fox on-air personalities—Shep Smith? Megyn? O’Reilly?—would chide their network for this. They should be embarrassed.

 

A Reminder: Why “User Pays” Is Unethical

/ Jack Marshall / 30 Comments

The View

[Back in 2007, a ridiculous lawsuit spawned an even more ridiculous pronouncement from “The View’s” Rosie O’Donnell, which prompted the following post (originally titled “The Pants, the Judge, and Rosie’s Mouth”)  on this blog’s predecessor,  The Ethics Scoreboard.The two law-related issues that the public has the most difficult time grasping are why lawyers defend guilty people, and this one: the contingent fee system for civil plaintiffs.  While I was pre-occupied the last couple of days by two challenging ethics programs and 10 hours of driving back and forth into West Virginia to deliver one of them, I missed the outbreak of another “loser pays” discussion in one of the comment threads. It’s clearly time to run this one again (I last put it on Ethics Alarms in 2010), with a few tweaks.]

The tale of Roy Pearson, the infamous Washington, DC administrative law judge who is suing his dry cleaner for damages of $65.5 million for a lost pair of pants, would normally warrant scant comment beyond this obvious one: Pierson is a bully, his lawsuit is unreasonable and unethical, and he deserves whatever sanctions the legal system can devise. A Washington Post editorial suggested that the lawsuit, which Pierson says is justified by his inconvenience, court costs, and the mental anguish caused by the loss of his beloved pants, is proof enough of bad character and terrible judgement that he should not be reappointed to another ten-year term.  [ Update: He wasn’t.] That would normally end the issue, freeing me to move on to more important matters, like global warming and American Idol.

And then Rosie O’Donnell opened her big mouth. Continue reading →

Ayo Kimathi And The Freedom To Hate

/ Jack Marshall / 40 Comments

center_image

Ayo Kimathi, an African-American, is an acquisitions officer for Immigration and Customs Enforcement ( a section of the Department of Homeland Security), and has been, apparently without incident, since 2009.  He also operates and authors a web site, War on the Horizon, which predicts an “unavoidable, inevitable clash with the white race,” and explains how to prepare for it.

The latter fact is none of the government’s business, nor yours, nor mine, and certainly not that of Sarah Palin, who in her own inimitable style of making ignorance catchy and cute, exclaimed on her Facebook page, “His side ‘job’ running the ‘War On the Horizon’ website was reportedly approved by supervisors. Really, Fed? Really? Unflippingbelievable!”

No, it’s not. You can scour the government regulations and ethics requirements all you want—I have (Palin hasn’t.) There is nothing in them that prohibits a government employee in the Executive branch from espousing any political position he pleases, or that bans outside activities that do not interfere with the duties of the employee or constitute a conflict of interest. Nor should there be. As I read the rules, Kimathi had no obligation to ask permission to run his website, because his supervisor had no authority to stop him.

It is called freedom of speech, my friends.

Deal with it. Or rather, cherish it. Continue reading →

Wanetta Gibson, Elizabeth Paige Coast, Chaneya Kelly, Cassandra Kennedy and the Alkon Formula: How Should We Punish False Rape Victims?

/ Jack Marshall / 54 Comments
Coast: How much compassion does she deserve?

Coast: How much compassion does she deserve?

Commenting on the case of Elizabeth Paige Coast, a Virginia woman who finally came forward last year to confess that in 2008 she had falsely accused Johnathan C. Montgomery, a former neighbor, of raping her in 2000 when she was 10 years old and he was 14, advice columnist and blogger Amy Alkorn proposes this sentencing formula:

“I feel strongly that those who falsely accuse someone of rape should spend the amount of time incarcerated that the person they falsely accused would have.”

Coast’s victim was convicted of rape and  spent four years in jail as a result of her lies. As for Coast, she was recently sentenced by Hampton Circuit Court Judge Bonnie L. Jones to only two months in jail, plus being required to pay Montgomery $90,000 in restitution for de-railing his life. The judge suspended the rest of a five-year sentence, and is allowing Coast to serve the remainder on weekends so not to unduly disrupt her life.

Coast’s lawyer had argued any jailing would send the wrong message to others who lie about false rapes. The prosecutor, agreeing with Alkon, asked for a 10-year sentence with six years suspended so she would serve the same length of time as Montgomery. It seems the judge agreed with the defense more than Alkon. I think Alkon is closer to the mark, but if we make the punishment for recanting rape accusers too severe, it is probably going to mean that some in Coast’s position will choose to let their victim rot and just live with a guilty conscience. Continue reading →

Ethical Quote Of The Week: Ann Althouse

/ Jack Marshall / 12 Comments

“It’s a terrible idea to go looking for incidents  where the killers are black and the victims are white and to exploit them in what seems like an effort to undo the distortions. I saw this happening earlier this week over the Christopher Lane murder, I labeled it “counter-Trayvonistic,” which was a too-subtle way to say: Don’t fight skewing with skewing in the opposite direction….Trayvon Martin — an individual human being — was used by demagogues to score points about the suffering of black people in America, but this is not a game, and it is delusion to imagine that there is a need to score points on some imagined other side. This is not a game. There is no score. And we are all on the same side.”

—–Law prof/ blogger Ann Althouse, reacting to the effort in conservative circles to assert that recent high-profile black-on-white incidents of violent crime were racially motivated, as a “tit-for-tat” response to the Trayvon Martin-George Zimmerman distortions.

Uh, let's NOT ask the President about the thrill killing of Christopher Lane. After all, Jesse Jackson already said that it was "frowned upon"...

Uh, let’s NOT ask the President to give us his thoughts on  the thrill killing of Christopher Lane. After all, Jesse Jackson already said that it was “frowned upon”…

Prof Althouse is exactly right. Tit-for-tat is always an unethical and ultimately destructive response, abandoning the moral high ground and lowering ethical standards so that the good guys and villains are indistinguishable. In this case, it is especially wrong-headed, because the tactic also exacerbates the racial divisions that the Martin-Zimmerman lies and misrepresentations were cynically designed (by some, at least) to widen.

Althouse goes on to say, Continue reading →

Al Gore, Hustler

/ Jack Marshall / 13 Comments
Gore Hustler

Al, as he is portrayed by the climate change skeptic community. He has no one to blame but himself.

I have mixed feelings about Al Gore. On one hand, I have great compassion for the man, as one of two Presidential candidates in our history to win more popular votes than his adversary, still lose the Presidency, and fail to take the office in a subsequent attempt. I know that would make me angry, bitter and perhaps a little crazy, and in that respect, Al has handled his misfortune well.

On the other hand, I wouldn’t trust Al Gore to deliver a birthday card to John Edwards. Back when I was running a struggling national health care promotion and education non-profit, Senator Gore was the organization’s patron saint, giving us endorsements, opening doors to corporate contributors, and generally bolstering our efforts. I was warned, though, by one of his staffers, not to get too dependent on Gore’s passion. “The Senator likes to find the hot issue and lead it,” she told me. “But he’s been on health care for a while now, and if history is any measure, he’ll move on to something else soon. Don’t rely on his support.” Sure enough, Gore became the herald of “the information super-highway,” later known as the internet, shortly thereafter, and dropped my organization and the health promotion issue flat, without a warning or a good-bye. He just stopped answering our calls.

Gore finally found his perfect hot issue, literally in this case, as the front man for global warming. He has made millions from the issue and the notoriety it brought him, which is fine; he also greatly contributed to public awareness of the issue, which is a good thing: any public awareness of any real public policy issue is an improvement. On the minus side, Gore failed to follow through on his responsibilities and obligations as a spokesperson for climate change policies. He never educated himself on the science of climate change sufficiently to avoid making embarrassing gaffes, and he has continued to over-hype the topic, making apocalyptic pronouncements, treating projections and models as more conclusive than they are, making irresponsible and factually misleading statements,  and generally imitating the technique of the Bush Administration regarding Iraq’s “weapons of mass destruction.”

He was at it again this week, conclusively affirming that he has crossed the line from advocate to hustler. Continue reading →