KABOOM! How Does Someone This Ignorant Of The Law Rise To This Level Of Law Enforcement?

Oh, fine. I get up, still groggy, from a perfectly lovely nap, my defenses are down, I’m still savoring that dream where Mookie Betts, Chester A. Arthur and Danny Kaye drop by with some macaroons, and what is the first thing I read?

This–and

KA-BOOM!

There goes my head, all over my office and this transcript I have to read in ten minute increments because it’s so boring. Oh, thank you, thank you so much, City of Seattle and your  ridiculous Chief of Police, Carmen Best! Continue reading

From The Trump Campaign, Not Quite A Frivolous Lawsuit, But An Unethical One

Is it possible that my ol’ friend Walt is working for the Trump campaign now? Nah, can’t be. But the logic behind the Trump campaign’s defamation lawsuit against CNN has a familiar ring: like the protracted  defamation suit against me by an aggrieved (and banned) Ethics Alarms commenter, the Trump campaign is claiming that opinion in the news media constitutes defamation, and it does not, must not and cannot. Writes Professor Turley in part: Continue reading

Noonish Ethics Round-Up, 2/19/2020: That Other Day That Will Live In Infamy…

Hi!

1. On this day in 1942, President Franklin D. Roosevelt signed Executive Order 9066, empowering the Army to issue orders emptying parts of California, Oregon, Washington and Arizona of immigrants from Japan, who were precluded from U.S. citizenship by law, and nisei, their children, who were U.S. citizens by birth. After the order, which was upheld by the U.S. Supreme Court including future liberal icon William O. Douglas, the Japanese-Americans  were first warehoused at “assembly centers,” which could be racetrack barns or on fairgrounds, then shipped to ten detendtion camps in Western states and Arkansas. Armed guards and barbed wire, plus morning roll call were part of the degrading and punitive experience.

It is fair to say this treatment was substantially rooted in racism, for there was no mass incarceration of U.S. residents with ties to Germany or Italy. Once the U.S. appeared to be on the way to victory along with its Allies in December 1944, the Executive Order was  rescinded. By then the Army was enlisting Japanese American soldiers to fight in Africa and Europe. President Harry Truman told the all Japanese-America 442nd Regimental Combat Team: “You fought not only the enemy, but you fought prejudice—and you have won.”

California is now preparing to formally apologize to the families of those interned.State Assemblyman Al Muratsuchi (D-Torrance) introduced a resolution that will formally apologize for California’s “failure to support and defend the civil rights” of Japanese Americans during that period,” and it is expected to pass today.

It’s naked grandstanding and virtue signaling, of course. The federal government apologized for the unconstitutional imprisonment and granted financial redress to survivors with the Civil Liberties Act of 1988, and the Supreme Court overruled its decision  upholding internment in 2018. Continue reading

Saturday Ethics Warm-Up, 2/15/20: Dresden, Bloomberg, Snopes, Climate Change, And “The Chalkening”

Good Morning…

1. Dresden bombing ethics. February 13-15, 1945 witnessed the Allied firebombing of Dresden, Germany, with the resulting deaths of between 22,000 and 135,000 civilians. depending on whose propaganda you choose to believe. Regardless of the number, the destruction of the German cultural center and questionable military target so late in the war—after its loss in the Battle of the Bulge, Germany’s defeat was just a matter of time—was instantly controversial, and is still intensely debated today.

The attack, which dropped more than 3,900 tons of high-explosive bombs and incendiary devices on the city, destroyed more than 1,600 acres. By all accounts, the human toll was horrific. Lothar Metzger, a survivor, wrote,

We saw terrible things: cremated adults shrunk to the size of small children, pieces of arms and legs, dead people, whole families burnt to death, burning people ran to and fro, burnt coaches filled with civilian refugees, dead rescuers and soldiers, many were calling and looking for their children and families, and fire everywhere, everywhere fire, and all the time the hot wind of the firestorm threw people back into the burning houses they were trying to escape from.

Was the firebombing of Dresden a war crime?  If the Allies had lost the war, it would have become a war crime. As we have discussed here before, the concept of war crimes is confounding and hypocritical at best. If the attacks were deemed essential to ending the war as soon as possible, then they were ethically defensible.

Much of the debate over the years has focused on whether the bombing was terrorism. Of course it was, as were the atom bombs dropped on Hiroshima and Nagasaki, and General Sherman’s March to the Sea. Terror is a legitimate weapon in warfare, when the objective is to destroy the enemy’s will to fight. Attacks on civilians for revenge and to inflict gratuitous death and pain for no legitimate strategic purpose are unethical . The distinction is usually in the eye of the beholder.

Wikipedia has an unusually thorough article on the Dresden attack, and I found this paper interesting as well. Continue reading

Morning Ethics Warm-Up, 1/29/2020: Dogs, Mike Bloomberg, Joe Biden, D.C., Jimmy Kimmel, Threatening Deplorables And Restricting Rights

Well, dogs are good, anyway…

1. Stop making  dogs defend Mike Bloomberg!…Is there anything too trivial that people won’t use to attack politicians? A CBS News video began circulating online yesterday afternoon showing Michael Bloomberg shaking hands with a man in Burlington, Vermont, then taking his dog’s upper jaw  in his hand and “shaking” the dog’s  snout  He then scratched the dog’s ears. The social media mob called him a dog abuser.

Morons. That’s a move that most dogs enjoy, as well as someone grasping their whole muzzle. It shows Bloomberg is comfortable with and knowledgeable about dogs. I used to do both moves with our 165 pound English Mastiff, and our Jack Russells.

2.  I know this is of interest to almost nobody who isn’t a lawyer, but trust me, it’s a big deal. The District of Columbia has long been the only U.S. jurisdiction that allows law firms to have non-lawyer partners, a structure prevented everywhere else by the general prohibition on lawyers sharing their fees with non-lawyers. When D.C. adopted its revolutionary approach, it assumed that the states would soon follow, with the American Bar Association’s assent. Because that hasn’t happened, a state-licensed lawyer with a D.C. license participating in a legal firm in D.C. could technically be found to  be violating that state’s ethics rules , though the District has negotiated a truce in that potential controversy.

Meanwhile, those special law firms with non-lawyer members are proliferating like legal rabbits. Now  a Jan. 23 press release tells the world that the District of Columbia Bar is taking comments regarding proposed changes to its ethics rules that could allow external ownership of law firms, as well as blended businesses in which lawyers and non-lawyers provide both legal and nonlegal services, like accounting. Or massages–who knows? Right now, law firms by definition can only practice law.

Perhaps even more significantly, California, Utah and Arizona are also studying changes that would relax ethics rules barring non-lawyers from holding a financial interest in law firms. Continue reading

Ethics Dunce: The North West Hendricks School Corporation

How can organizations, especially schools,  think this kind of thing is acceptable, much less ethical? Who are the lawyers advising these people? Where do they think they’re living?

In Indiana, the North West Hendricks School Corporation’s “ Parent Code of Conduct ” says that parents should not use social media to make “rude or offensive comments” regarding school staff members or the school itself. Parents also cannot use social media to “campaign against or fuel outrage against individual staff members, the school or policies implemented by the school or district.” Violating the policy means that a parent can be removed from the school premises and banned from entering school grounds forevermore.

This is one of those unenforceable provisions that exist to intimidate and deceive those ignorant parents who were so badly educated (perhaps in the North West Hendricks School Corporation ) that they can’t spot an unconstitutional rule when they see one. No public school can tell parents what they can or can’t say on social media. This is a pure First Amendment violation, so blatant that it even roused the local ACLU from its accustomed slumber.

The ACLU of Indiana was asked about its assessment of the restriction on parents’ speech, and  legal director Ken Falk replied,

“I think this is flagrantly unconstitutional. The overarching problem is you have the government saying if we don’t like what you’re saying, we can punish you — but the government is not allowed to do that. That’s why we have the First Amendment.”

The rule has been in the Parent Code since 2016, but nobody reads these things. It is coming to the fore now because the district is currently keeping a teacher on its payroll despite allegations of sexual misconduct toward a student. Some parents have been discussing the situation on Facebook, and wonder about the school’s response. The district made a point of  handing out copies of the Parent Code of Conduct at a December school board meeting, and it was taken by many as a warning. Continue reading

Friday Ethics Sigh, 12/20/2019: Klobuchar, Buttigieg, Rowling, And An Idiot.

Tomorrow the dreaded tree lights hanging begins….

I’m not a big Sinatra fan, but I’ve always thought it a shame that the two Christmas songs he “owns” are both mediocre: “The Christmas Waltz” and “Mistletoe and Holly (which he co-wrote.) Frank sang the whole canon, of course, and well, but still, Judy Garland owns “Have Yourself A Merry Little Christmas,” Nat King Cole owns “The Christmas Song” (even though Mel Torme wrote it), Bing has “White Christmas” (and others,), Gene Autry has “Rudolph…” and “Here Comes Santa Claus” even after Bruce Springstein stole “Santa Claus Is Coming To Town” away from him, but Ol’ Blue Eyes is second or third best to lesser singers on the really great songs, leaving him with those two wan ditties to call his own. It’s unfair.

1. The social media mobs are after J.K Rowling. Her offense? British Researcher Maya Forstater was fired last year by a London think tank for her “gender critical” views, including the position that “it is impossible to change sex.” Forstater filed a lawsuit earlier this year alleging discrimination, but an employment tribunal in London ruled against her this week, holding that her views were “not a philosophical belief protected” by British law but were instead “incompatible with human dignity and fundamental rights of others. It is also a slight of hand to suggest that the claimant merely does not hold the belief that trans women are women. She positively believes that they are men and will say so whenever she wishes.” The court  added that Forsater held beliefs that are “not worthy of respect in a democratic society.”

No, they don’t believe in freedom of speech or thought in the UK. Remind people of this when they make one of those fatuous “the U.S. is the only developed country in the world that doesn’t do X” arguments. We are special.

Harry Potter’s mom criticized that ruling and said she supported  Forstater: “Dress however you please,”  Rowling  tweeted  to her more than 14 million followers (this makes me want to hurl myself into a shredder, as I desperately try to recover the lost Ethic Alarms followers since 2016). “Call yourself whatever you like. Sleep with any consenting adult who’ll have you. Live your best life in peace and security. But force women out of their jobs for stating that sex is real? #IStandWithMaya.”

Oh, sex, gender, whatever. I know that to trans individuals the distinctions are a matter of honor, identity and self-esteem, and as far as I’m concerned, if an XY individual has changed everything but her chromosomes and wants to be regarded as, treated as and referred to as a woman, I will accommodate her in the interests of comity, kindness, and the Golden Rule. However, if someone as a matter of linguistic or biological rigor (or pedantry) wants to insist that such an individual is still technically female, that’s a legitimate, if unpopular, position.  This is a dispute about manners and definitions, not facts.

The researcher should not have been fired, and Rowling’s tweet was not “transphobic.” Continue reading