Rebuttal on the Trial Lawyer Deduction

Following the argument of reader Bob Stone, a trial lawyer blog makes a strong pitch that the Obama deduction for his up-front expenses—criticized in Ethics Alarms—in contingency fee cases is reasonable and fair, because other small businesses can deduct similar expenses. Continue reading

Unethical Quote of the Week

“I hate to open this can of worms but is there any reason why the FCC couldn’t simply pull their broadcasting permit once it expires?”

—Jonathan Zasloff, a law professor at UCLA, suggesting on the mailing list “Journolist” that the federal government take Fox News off the air.

How is this unethical? Let me count the ways: Continue reading

Fairness to Blago

Impeached Illinois Governor Rod Blagojevich stunned everyone in the courtroom, including prosecutors, when he declined to take the stand in his own defense in his corruption trial. Continue reading

Ethics Hero and Ethics Quote of the Week: Sen. Lindsey Graham

Sen. Lindsey Graham (R-S.C.) delivered the following remarks as the Senate Judiciary Committee voted in favor of President Obama’s nomination of Elena Kagan to the Supreme Court. Obviously Ethics Alarms approves of Graham’s vote and reasoning, as it is consistent with what I believe is the most ethical, fair and responsible course for all Republican senators. His statement, however, is extraordinary in its appeal to the best instincts of ethical public servants, and rather than just a link (the text comes from The Hill), I think proper respect and admiration dictate a full presentation. It embodies fairness, civility, professionalism. respect and dignity, as well as the ideals of collaborative government. When he concluded, Democratic Sen. Dick Durbin said, “During the course of his statement, I reflected on some of the things that I have said and how I’ve voted in the past and thought that perhaps his statement suggested there was a better course for many of us to consider in the future.”  The chances of such a course actually being followed would have been vastly increased, of course, if some of Graham’s colleagues shared his courage and integrity. Still, it is a start.

Here is what Sen. Graham said: Continue reading

Note to Anti-Defamation League: Stick To Dafamation

Everybody who watches baseball on TV knows that Fox color man Tim McCarver talks too much. He’s smart, sometimes perceptive, but his opinions during a broadcast constitute the sports equivalent of Phil Spector’s “Wall of Sound.” Last week, commenting on a Yankee Stadium game that was preceded by the team’s annual “Old Timer’s Day” parade of superannuated Yankee greats, McCarver chose to express his outrage at what he saw as the Yankees’ banishment of former manager Joe Torre (now managing the L.A. Dodgers after an acrimonious departure from New York, followed by a tell-all book) to relative obscurity: Continue reading

Fairness Dilemma:When Should Past Misdeeds Affect Present Trust?

The Shirley Sherrod case raises a broader ethical question that surfaces frequently, both in current events and in private life. When, if ever, is it fair to lower one’s opinion and level of trust in an individual’s character based on events that occurred long ago?

In Sherrod’s case, an twenty-four year old incident she cited in a speech before the N.A.A.C.P. as a lesson in how not to behave got her fired from her job at the U.S.D.A., condemned by the N.A.A.C.P., and called a racist by conservative news commentators. This is an easy call: her instance of racial anger and bias should not be held against her for several reasons: Continue reading

Race, Politics and Cowardice: the Unethical Victimization of Shirley Sherrod

The forced resignation of Department of Agriculture employee Shirley Sherrod, an African-American, is far more significant than it appears. By itself, it is a deplorable example of an innocent citizen being victimized by a convergence of unethical conduct by the media, the Obama Administration, and the N.A.A.C.P. Sherrod’s fate, however, is also a warning, a frightening sign that racial and political tensions are rapidly spinning out of control in America, and that the very institutions we should be able to trust to apply reason, competence, courage and fairness to the issue of race are displaying cowardice, dishonesty and opportunism instead. I hope this is an isolated incident. Everything tells me it is not.

This sudden ethics train wreck developed when Andrew Breitbart, proprietor of the provocative, entertaining and thoroughly Right-leaning website Breitbart.com, posted a grainy video that he said showed Shirley Sherrod, U.S.D.A.’s state director of rural development for Georgia, speaking at a March 27 NAACP Freedom Fund banquet. Continue reading

Sunday Ethics Round-Up: Cynical Fines, Drunk Norwegians, Lazy Newsmen and Pitiful Ballplayers

Here are some ethics issues to ponder from the recent news and around the Web:

  • Who says it pays to be ethical? The astounding insistence, under oath, by Goldman Sachs executives that they had done nothing wrong in selling admittedly “crummy” investment products to clients while using the company’s own money to bet that the same products would fail will not be sufficiently punished or contradicted by the S.E.C.’s cynical cash settlement of its suit against the firm. For a $500 million penalty, Goldman Sachs is off the hook for the equivalent of four days’ income, as the Obama Administration claims to the unsophisticated public (“Isn’t $500 million a lot of money?”) that it is “getting tough” with Wall Street. The fact is that Goldman Sachs’ unethical maneuvers paid off handsomely, and nothing has happened that will discourage it from finding loopholes in another set of regulations and making another killing while deceiving investors legally and, by the Bizarro World ethics of the investment world, “ethically.” You can read a perceptive analysis here. Continue reading

The Washington Post: Embarrassed into Covering the News

Washington Post ombudsman Andrew Alexander wonders why it took his paper so long to cover a story with obvious importance and disturbing implications: the seeming race-based decision of the Obama Justice Department to avoid pursuing a voter intimidation case against the New Black Panthers, even though a YouTube video showed persuasive evidence that an offense was real and substantial. Ethics Alarms, for example, wrote about the story more than two weeks ago.

Alexander is to be saluted for raising, though his conclusion is unsatisfying and more than a little weaselly. Continue reading

Obama’s Unethical Gift to the Trial Lawyers

After January 1, 2011, when you begin to process all the new taxes coming your way and all the deductions you can no longer take, think about this:

The nation’s largest trial lawyer trade group, the American Association for Justice, has announced it was informed by Obama Administration officials that the U.S. Department of Treasury will give its members (and all tort lawyers) a tax break on contingency fee lawsuits. The new provision is expected to mirror proposed legislation by Sen. Arlen Specter, himself a lawyer, that was previously rejected by Congress last year. That bill would have allowed attorneys to deduct up-front costs in contingency fee lawsuits. Continue reading