fairness

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

/ Jack Marshall / 38 Comments

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading →

Loop-Hole Ethics and The New York Times

/ Jack Marshall / 3 Comments

The NYT’s website paywall plan floats in a sea of holes.

Ariel Kaminer, author of “The Ethicist” column in The New York Times Magazine, made an interesting assertion in her answer to a reader who asked about whether he could exploit several loop-holes in the Times’ new paywall plan for its website.

Noting that he was a struggling freelance journalist who visits the Times website often, he asked if it was unethical for him to use his parents’ free access to the content, since they are subscribers.  Then he Mused about other scenarios. “If I buy online access, can I share the password with my live-in girlfriend, even if I move to New York for the summer? What about our other housemates?” Continue reading →

Ethics Hero: Attorney Paul Clement

/ Jack Marshall / 23 Comments

John Adams defended the guys in red, and Paul Clement understands why.

Law firm King & Spalding announced Monday that it would no longer represent congressional Republicans regarding the constitutionality of the Defense of Marriage Act (DOMA), the controversial 1996 legislation that defines marriage as being only between a man and a woman.. In response, the firm’s chief appellate lawyer, Paul Clement, who was handling the case, resigned from the firm.

In February, the Obama administration announced that its Justice Department would refuse to defend DOMA in a number of lawsuits, an unusual, controversial and troubling decision. It doesn’t take a lot of imagination to conceive of other federal laws another administration might decide to render dead letters by non-defense despite being duly passed by the people’s representatives. A government has an obligation to duly execute its laws or repeal them. The policy of the Administration regarding DOMA raised issues of governmental integrity quite separate from the provisions of the law itself. Continue reading →

Why I Hate Hate Crime Laws

/ Jack Marshall / 16 Comments

Just do it with love, and they'll be lenient...

I did it to myself, I confess: reminding myself of the nation’s offensive hate crime laws while writing about the McDonald’s beating, pausing in the middle of the main theme of the post to note the foolishness of investigating whether or not an unprovoked attack qualifies as a hate crime. Hate crime laws infuriate me every time I think about them, because they represent the lowest and most cynical form of cultural values-setting by lawmaking, an important governmental task that is increasingly a lost art, because today’s lawmakers care more about posturing and power than values.

Two unidentified men beat Bryan Stow, a 42-year-old paramedic, senseless in the parking lot outside Dodger Stadium on opening day. Why? He was wearing a San Francisco Giant jersey, and it was Dodger territory. Continue reading →

Comment of the Day: “Fake Pregnancy, Real Deception, Real Harm

/ Jack Marshall / Leave a comment

Commenter Karl Penny expands on the original post with reflections on trust:

“…Ms. Rodriguez’s actions were just plain wrong. Society, a civilized one anyway, depends on trust if it is to function. I buy foods that I trust were processed in such a manner that they are still wholesome, for example. Not so long ago, my wife and I went to see a movie and, while still some distance from the ticket booths, noticed that a number of people had turned and started walking away from the line they’d been in. We asked a couple who’d headed off in our direction what the matter was. They said a particular movie (forgot which one, now), the one we had planned to see, was sold out. We thanked them and left. We believed them. We didn’t wonder if it was a stunt or practical joke of some kind. We didn’t think a competing theater chain was trying to undermine a competitor’s business in that way. We certainly didn’t wonder if some local students were conducting a study on the behavior of disappointed theater patrons. I don’t want to have to live in a society where it would have been necessary to check whether the theater was really out of tickets for that show. We have enough people already who have worked at undermining public trust, to the detriment of us all. Any more of them, we don’t need.”

Fake Pregnancy, Real Deception, Real Harm

/ Jack Marshall / 21 Comments

"How exciting! It's fake, isn't it?"

Gaby Rodriguez, a Yakima (Washington) High School senior, faked a pregnancy for six months as a school-approved senior project. She told no one about the charade, which the school has called a “social experiment,” except her mother, boyfriend and principal. Others, like her siblings, her boyfriend’s family, fellow students, friends and teachers, were led to believe the pregnancy was real.

Thanks to hidden camera shows like ABC’s “What Would You Do?” and various reality shows, too many people have the impression that everyone they meet is a potential guinea pig. On the contrary: using decent, disguise, deception and lies to “see how people react” is no better than lying for any other reason, and often more harmful. Continue reading →

No-Hit Piñatas and the Killers of Childhood

/ Jack Marshall / 12 Comments

This is a no-hit piñata. Send it to Hell.

The latest device invented by childhood-fearing adults is the “no-hit piñata,”a new invention designed to make the ancient traditional child’s game less violent. Instead of hitting the colorful paper container with sticks to get at the candy and toys inside, the children pull strings, and the piñata opens non-violently.

What fun.

This is just another sally from the growing number of whimsy-challenged and anti-violence-addled parents and psychologists, who won’t rest until no child ever again picks up a stick to use as an imaginary gun, plays soldier, watches the Roadrunner push Wile E. Coyote off a cliff, or participates in a dodge ball game. Continue reading →

Unethical Website of the Month: Wonkette

/ Jack Marshall / 7 Comments

That's right, Wonkette---GET HIM!!!

Wonkette the left-leaning political snark site, showed its true colors ( I flagged the site as ethically unbearable in a post six years ago, when it defended Dan Rather during “Memogate”) when it allowed editor Jack Steuf to post “satire” early this week  ridiculing Sarah Palin’s toddler son Trig, who is a Down Syndrome child. Entitled “Greatest Living American: A Children’s Treasury of Trig Crap On His Birthday,” the post contains sick-humor jokes about the 3-year-old ( After quoting from a Palin posted birthday poem for Trig referencing his dreams, Steuf snickers, “What’s he dreaming about? Nothing! He’s retarded!”) and proceeds to use the child as its target while demeaning Palin.  A sample:

“That strange man yelling unintelligibly at Sarah Palin? He’s merely a lowly shepherd proclaiming the birth of our savior. Today is the day we come together to celebrate the snowbilly grifter’s magical journey from Texas to Alaska to deliver to the America the great gentleman scholar Trig Palin. Is Palin his true mother? Or was Bristol? (And why is it that nobody questions who the father is? Because, either way, Todd definitely did it.) Continue reading →

Judge Walker Was Wrong

/ Jack Marshall / 27 Comments

Now that we know about Bert, should Judge Ernie have recused himself?

Judge Vaughn Walker, the Federal District judge who a year ago ruled California’s Proposition 8, which banned same-sex marriages, unconstitutional, was wrong. No, not about the law, which is pretty clearly unconstitutional: his opinion was fair and well-reasoned, and is likely to be upheld on appeal. Walker was ethically wrong in his handling of the delicate issue of his own sexuality, which had raised a controversy about his objectivity and ability to be impartial.

Two weeks ago, following his retirement from the bench, Walker publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. This changes the analysis regarding the propriety of his ruling on Perry v. Schwarzenegger. Walker had long been rumored to be gay; supposedly “everybody” knew he was gay. My position, as well as that of many others considering the arguments of anti-gay marriage opponents that he should recuse himself, was that sexual orientation could not and should not create a presumption of bias, any more than gender, age, race or marital status. Continue reading →

NBC Tries a Hit on Trump, and Exposes Its Own Incompetence

/ Jack Marshall / 11 Comments

“Trump Fumbles Abortion Question” trumpeted “The Daily Beast” under the label “Confused”. It caused my heart to leap: could The Donald have stuck his foot in his mouth with an obnoxious-presidential-campaign-flirtation-destroying gaffe so soon?  Callooh! Callay!

I rushed to the link, which was on the NBC News site, only to have my hopes dashed. Trump hadn’t made a gaffe at all. Some biased, ignorant NBC reporter, who has decided that it is her life’s assignment to show the American public just who is and who isn’t qualified to run for President of the United States, tried a deceitful and unfair trick question on Trump, who promptly identified it as such. Then, completely mistaken about her assumption that his answer was disqualifying at all, she smugly sat back while her colleagues in the media attempt to present the exchange as a “gotcha.” In  other words, Trump is going to get the Sarah Palin treatment, and this was the first, jaw-droppingly stupid attempt at it. Phooey! It’s bad enough that I keep having to stand up for Palin; now I have to stand up for—ughhh!–-Donald Trump!

Here is part of NBC’s Vaughn Ververs’ account of the exchange between NBC’s Savannah Guthrie and Trump: Continue reading →