Oh Look! Now the LEFT Is Complaining About Lawyers Being Reluctant To Represent Unpopular Clients!

In 2020, as discussed here, The NeverTrump Lincoln Project joined the anti-Trump Democrats in targeting law firms hired by the Trump campaign to challenge alleged irregularities in the election. Election law specialists Porter, Wright, Morris & Arthur and its lawyers were threatened with professional ruin and financial disaster, as they were told that daring to support the President of the United States constitutes a “dangerous attack on our democracy.” The firm, showing a dearth of legal ethics and integrity, withdrew, whining that the assault on its reputation created a conflict of interest, was disrupting the firm, and had prompted at least one lawyer’s resignation. Other firms dropped the campaign as a client, and the reason was fear—of losing clients, of being shunned in the legal community, of losing money. Mostly the latter.

How times had changed. When Bush Department of Defense Deputy Secretary Cully Stimson, a lawyer, gave a radio interview in which he condemned attorneys from large law firms who were representing Guantanamo Bay detainees pro bono and suggested that corporations avoid employing those firms because they were aiding the nation’s enemies, the legal profession reacted with indignation and horror. Karen J. Mathis, then the president of the American Bar Association, said, “Lawyers represent people in criminal cases to fulfill a core American value: the treatment of all people equally before the law. To impugn those who are doing this critical work — and doing it on a volunteer basis — is deeply offensive to members of the legal profession, and we hope to all Americans.” Prof. Stephen Gillers, the media’s favorite legal ethicist thanks to his penchant for being hard on conservatives and lenient on liberals, wrote, “This is prejudicial to the administration of justice. It’s possible that lawyers willing to undertake what has been long viewed as an admirable chore will decline to do so for fear of antagonizing important clients.” Christopher Moore, a lawyer at the New York firm Cleary, Gottlieb, Steen & Hamilton continued the profession’s defense of core lawyer ethics, telling the New York Times, “We believe in the concept of justice and that every person is entitled to counsel.”

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Squirrel Ethics: The P’Nut Saga [Corrected and Expanded]

State government officials this week seized and ultimately destroyed P’Nut, a pet squirrel with a popular Instagram page, in Pine City, New York. Somehow, conservatives have decided to make this incident some kind of watershed for state abuse of personal liberties , not to mention pet squirrels. Thus P’Nut has become an election issue; Hey, why not, everything else is from McDonald’s to Liz Cheney. First pet squirrels, next guns and free enterprise. “First, they came for P’Nut, and I said nothing…”

Give me a break.

Mark Longo adopted P’Nut seven years ago in New York City as an orphaned baby squirrel that crawled up his leg after his mommy was squished by a car. The squirrel ended up with his own room, and when Longo and his wife were at home the furry friend wandered wherever he wanted in their house. Longo described P’Nut as “the most charismatic, sassy animal.”

P’Nut also was a profitable animal. The rodent became the face and name of P’Nuts Freedom Farm Animal Sanctuary, a nonprofit Longo and his wife started in April. The Longos contribute half of the organization’s roughly $20,000-a-month expenses to run the sanctuary and donors supply the other half, with most of those donations raised largely through cute P’Nut videos posted on Instagram. “We have rescued over 300 animals in our sanctuary already,” Longo said. “Cats, dogs, horses, goats, sheep, donkeys and pigs.”

Ah! The ends justify the means! Here is the problem: it is illegal to keep wildlife like squirrels as pets, in New York as well as many other states. The full list is here. (Pointer: jeffguinn) According to that source, Arkansas, Idaho, Louisiana, New Mexico, Oklahoma, Tennessee, Utah, Virginia, West Virginia, and Wyoming all allow people to own pet squirrels. [Note: This is a correction from the original post, in which I assumed that all states would have prohibited P’Nut.]

None of which is relevant to the law in New York and it’s enforcement.

“Following multiple reports from the public about the potentially unsafe housing of wildlife that could carry rabies and the illegal keeping of wildlife as pets, D.E.C. conducted an investigation,” the New York State Department of Environmental Conservation said in a statement after P’Nut was seized. “Investigation” is a bit sanitized: the operation has been described as a raid, and sure sounds like one. Before the officers left with P’Nut (and a raccoon, which nobody seems to care about), they “ransacked my entire house,” Longo said. “They made me sit outside for five hours.”

Presumably they were making sure that the house didn’t contain any other illegal residents. “We have had P’nut for seven years without a single complaint,” Longo said. “Now it’s suddenly an issue? It’s not like we were hiding him.”

Well, yes. That’s the problem. Longo and his wife were openly violating a law, and the argument for letting P’Nut keep hiding his nuts under their rugs is simple: the law is the law, there is no exception for cute law-breaking or profitable law-breaking. Regardless of the squirrel’s popularity and use in fundraising for a worthy cause, a law that isn’t enforced when it is broken for reasons some people think are justifications isn’t a law at all.

This isn’t just one slippery slope, it is several. Today it’s P’Nut the Squirrels, then it’s whenever that raccoon was, and tomorrow it’s Chewy the Wolverine.

“To the people who filed complaints, thank you for taking away the best part of me, thank you for taking away my best friend,” Longo whined online.

Conservatives have to stop flipping their values any time they see a chance for political point-scoring. This is called lacking integrity. Taking away P’Nut is based on the same principle that says “good illegal immigrants” should still be deported, Hillary Clinton shouldn’t get away with mishandling classified materials, and that if Donald Trump is prosecuted for mishandling documents, Joe Biden should be as well.

The King’s Pass is a rationalization even if the king is a squirrel.

A grace note: P’Nut had to be euthanized after he bit one of the officers as they removed him from his happy home, so they had to see if the squirrel had rabies. Good for P’Nut: he didn’t go down without a fight. We can’t blame him for not knowing the law.

Yes, It’s Another Installment of “It’s Hell Being An Ethicist”

This weekend was Grace’s memorial event, and yes, it came off very well despite my long-standing dread. I have wonderful, talented and loving friends, as did Grace. My long-time musical collaborator on my pop music parodies ethics programs, Mike Messer, brought down the house and made Grace smile, I hope, with a rousing performance of her favorite John Lennon solo, “Twist and Shout,” backed up by the unusually musical crowd.

But I digress. The next day, when a friend who helped organize and mange the event (since I was useless), brought me the receipts. I expected the bill for the platters of food I had ordered from Safeway, for he had picked them up. “No,” he said,”they told me you had paid for them when you made the order.”

But I had not. I tried to pay, but the dead-eyed, barely conversant clerk refused to process my credit card, and insisted that payment would be due when the platters were ready. The price is almost $400.

Well, I’m an ethicist, so I have to pay it, though I may take my sweet time about it and wait until my cash flow is a bit more robust. I know what my mother’s reaction would have been—“What luck! The food was free!”—just as surely that I know that my father would have headed over to Safeway by now and paid the bill.

Now, my sister had a dandy rationalization, though she didn’t commit to it. “These stores are incompetent,” she said. “I’ve had similar experiences, though not $400 worth. The only way they’re ever going to get better as if sloppy work like this costs them money.”

“I’d be tempted not to pay,” she said.

Oh, I’m tempted all right. And I’m drowning in debt dating back to when the pandemic crashed my business and ruined my credit. Nevertheless, I got the food, I owe Safeway the money, and I’m an ethicist, dammit.

Phooey.

Ethics Quiz: Musk Bans a “Journalist”

I quit Twitter with all my accumulated thousands of followers after it became clear to me that the platform was a progressive propaganda organ that censored users and tweets it didn’t like, notably President Trump. I returned (here) as a show of support for Elon Musk, who bought the platform and (largely) eliminated its tendency to content-based censorship. This Ethics Quiz has special interest for me.

X, as Twitter is now called ( I miss the little birdie logo) suspended left- “journalist” Ken Klippenstein when he linked to an article of his that contained a hacked document with negative, private and otherwise provocative information about Vice Presidential candidate J.D. Vance. Klippenstein used to write for the crypto-Communist The Nation, and was a senior investigative reporter for the far-Left online news program “The Young Turks.” Needless to say, he has an agenda.

The 271-page dossier on Vance has been traced to a hack by Iran. Most media outlets refused to publish it, but Klippenstein, who has a substack to sell, grabbed the opportunity. Musk took to his own platform to decry the document as “one of the most egregious, evil doxxing actions we’ve ever seen.” He went on, “Presidential candidates are not speculatively in danger – there have already been two attempts on @realDonaldTrump’s life. Moreover, the doxxing included detailed information on the addresses of their children.” X explained that Klippenstein violated its policy against posting “unredacted private personal information,” including Vance’s physical addresses and part of his social security number.

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Kamala Harris, the “Integrity? What’s Integrity?” Candidate

As an ethicist, I don’t have to agree with a Presidential candaidtes policies to find him or her ethical, unless a policy are per se unethical (like validating terrorism by forcing a ceasefire on Israel before it has destroyed Hamas), involves not enforcing laws (like at the Southern border) or violates the Constitution (as with Gov. Walz’s declarion that “hate speech” should be illegal). However, as an ethicist, it is explicitly my business when a Presidential candidate demonstrates a cynical contempt for integrity as an ethical value, for integrity is one of the most important of ethical values. An individual without integrity cannot be trusted.

Harris’s whole campaign is an effort to pretend integrity is a myth. Bernie Sanders issued a damning verdict on Harris (and himself) when he told NBC’s “Meet the Press “ that despite her efforts to moderate her positions since taking over from Joe Biden on the top of the ticket, such as purporting to support fracking and opposing “Medicare for All,” Harris was just being “pragmatic” and “doing what she thinks is right in order to win the election.”

In other words, lying.

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Ethics Hero: Pro Golfer Sahith Theegala

Clearly, I don’t follow pro golf like I once did: I never heard of this guy (at first I thought his name was the second row on my keyboard). Now I think I may write in his name for President.

Playing in the PGA’s $100 million Tour Championship, (never heard of that tournament, either) at the East Lake Golf Club in Atlanta, Sahith Reddy Theegala, an American professional golfer from Orange, California, called a rules infraction on himself, costing him two strokes. The self-reporting ended up preventing Theegala from tying for third place, and may have cost him five million dollars.

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Curmie’s Conjectures: Incompetence and Arrogance of Olympian Proportions

by Curmie

[This is Jack: With this welcome column by the indefatigable Curmie, I think I can safely say that Ethics Alarms has finally put all of the ethics controversies arising from the 2024 Paris Olympic Games to bed, yes?

I sure hope so. Let’s see: we had the Opening Ceremony “Last Supper” thing, the “don’t photograph beautiful and sexy female athletes so they look beautiful and sexy” silliness, the announcer who was sacked for evoking a mild female stereotype that is sort-of accurate, the intersex boxer thing, the Australian breakdancer, and now Curmie examines the bitter women’s gymnastics scoring controversy over mini-points that are completely subjective anyway.

I am truly grateful, because I was going to have to post on this if he didn’t. And if I needed any more validation of my position that the Olympics are a bad, corrupt joke and not worth my time (I don’t), Curmie just supplied it.]

The three women you see pictured at the top of the page currently stand in the third (i.e., bronze medal), fourth, and fifth positions in the Olympics final in the women’s floor exercise. You see them from top to bottom in their relative positions as I write this; whether those will be the final final rankings remains to be seen.

Anyway, from the top down we see Romania’s Ana Bărbosu and Sabrina Maneca-Voinea, and the US’s Jordan Chiles.  Each of them has reason to believe that she—and she alone—should be the bronze medalist.  But a series of judges’ fuck-ups (apologies for the language, but there is no other adequate term) have resulted in a brouhaha that makes clear that whatever the NCAA or FIFA may do, the IOC isn’t going to give up its title as Most Corrupt and Incompetent Sports Organization without a fight.  But wait!  Who’s that coming up on the outside?  It’s the Tribunal Arbitral du Sport (Court of Arbitration for Sport), or TAS,  staking their claim, and they’re backing it up with hubristic posturing!  It’s coming down to the wire, and it’s anybody’s race!

I have already made clear  my distaste for sports which rely on the subjective opinions of judges rather than on some objective criterion.  Yes, referees can make mistakes, but at least we know that the team that scores the most points will win, as will the swimmer who touches the wall first or whoever throws the thing the farthest.  In these events, it’s clear: the US won a gold medal in the 100m sprint because a photograph made it clear that Noah Lyles’s torso crossed the finish line .005 seconds before Kishane Thompson’s did.  The US women’s basketball team also narrowly won gold, beating the French team by a single point because on the last play of the game the home team’s player had her toe on the three-point line instead of just outside it.

Those close finishes seem more arbitrary when there’s no objective way of distinguishing between the performances.  It’s also true that gymnastics is second only to figure skating in terms of judges giving credit to established stars just because they’re established. 

But let’s assume for the moment that the judges’ votes in the floor exercise, though subjective, were both informed and honest.  If you were to ask a dozen experts which of the three women discussed here was the “best,” I’m betting that all three would get at least two votes apiece, but ultimately that’s irrelevant to the current situation.

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Baseball’s All-Star Game : Another Tradition Rotted

I watched it last night because there was really nothing else worth seeing on TV, but I hate what the All-Star game has become, and have hated it for a long time. Before inter-league play and huge contracts, the “Mid-Season Classic” was a real game, played as intensely as the World Series, for the honor of the two separate leagues. (Ask Ray Fosse how intensely.) Managers would try to get and keep the strongest possible line-up in the game: it wasn’t unusual for several stars to play all 9 innings. Starting pitchers went three innings, not just one. Players slid into bases and dived for balls. It was a real contest. In ethics terms, the All-Star Game had integrity.

For decades now, it has just been a bunch of rich guys going through the motions, joking with each other, making sure no one got hurt. The obvious objective of the managers is to get all 30 players on the roster on the field if possible, not to win. It’s a parade: viewers barely get to see a player display the skills that made him an All-Star. The event has the seriousness of a celebrity softball game…there’s no tension, no drama.

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Umpire Ethics: Robo-Ump Update and “Oh-oh!”

Regular readers here know about both my passion for baseball and my disgust with how many games are determined by obviously wrong home plate calls on balls and strikes. Statistics purportedly show that umpires as a group are correct with their ball/strike edicts about 93% of the time, representing a significant improvement since electronic pitch-tracking was instituted in 2008. What explains the improvement? That’s simple: umpires started bearing down once they knew that their mistakes could be recorded and compiled. In 2008, strikes were called correctly about 84% of the time, which, as someone who has watched too many games to count, surprises me not at all.

Even 93% is unacceptable. It means that there is a wrong call once every 3.6 plate appearances, and any one of those mistakes could change the game’s outcome. Usually it’s impossible to tell when it has, because the missed call was part of a chaos-driven sequence diverging from the chain of events that may have flowed from the right call in ways that can’t possibly be determined after the fact. Sometimes it is obvious, as in several games I’ve seen this season. An umpire calls what was clearly strike three a ball, and the lucky batter hits a home run on the next pitch.

Before every game was televised with slo-mo technology and replays, this didn’t hurt the game or the perception of its integrity because there was no record of the mistakes. (Sometimes it wasn’t even a mistake: umpires would punish batters for complaining about their pitch-calling by deliberately declaring them out on strikes on pitches outside the strike zone.) Now, however, a missed strike call that determines a game is both infuriating and inexcusable. As with bad out calls on the bases and missed home run calls, the technology exists to fix the problem.

Baseball only installed a replay challenge system after the worst scenario for a missed call: a perfect game—no hits, runs or base-runners—was wiped out by a terrible safe call at first on what should have been the last out of the game. The game was on national TV; the missed call was indisputable. That clinched it, and a replay challenge system was quickly instituted. I long assumed that robo-umps would only be instituted after an obviously terrible strike call changed the course of a World Series or play-off game, embarrassing Major League Baseball. For once, the sport isn’t waiting for that horse to leave before fixing the barn door. It has been testing an automated balls and strikes system (ABS) in the minor leagues for several years now. Good. That means that some kind of automated ball and strike system is inevitable.

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Curmie’s Conjectures: Book Reviews and the Warm Fuzzies

by Curmie

[This is Jack: I have to insert an introduction here. Curmie’s headline is fine, but it would come under the Ethics Alarms “Is We Getting Dumber?” or “Tales of the Great Stupid” banners if I had composed it. What he is describing is a culture-wide phenomenon that is far more insidious than its effects on scholarly book reviews alone. I also want to salute Curmie for slyly paying homage in his section about typos to one of my own most common and annoying typos. I know it was no coincidence.]

I published my first book review in an academic journal in 1991.  In all, I’ve written about 30 reviews on a wide range of topics for about a dozen different publications.  In some cases, I was only marginally qualified in the subdiscipline in question.  In others, especially more recently, I’ve been a legitimate authority, as well as being a full Professor (or Professor emeritus) rather than a grad student or rather green Assistant Professor.

The process has changed significantly in recent years, the biggest change being the increased level of editorial scrutiny.  A generation or more ago, I’d send in a review and it would be printed as written.  That was back when I was an early-career scholar, at one point even without a terminal degree, often writing about topics on the periphery of my interests and expertise.  My most recent reviews, when I was a senior scholar writing about subjects in my proverbial wheelhouse, went through three or four drafts before they were deemed publishable.  Note: I didn’t become more ignorant or a worse writer in the interim.

Some of the changes came indirectly, no doubt, from the publishers rather than the editors: I received the same stupid comment—to include the chapter number rather than a descriptor like “longest” or “most interesting”—from book review editors from two different journals published by the same firm.  Actually, one of those “corrections” wasn’t from the book review editor himself, but was a snarky comment from his grad assistant.  You can imagine how much I appreciated being condescended to by a grad student.  Other changes were just kind of dumb: one editor insisted that I change “whereas” to “while” (“whereas” was the better term).

But these are the kind of revisions at which one just shakes one’s head and shrugs.  The ones that actually affect the argument are far more problematic.  One author was writing about the production of a play by a female playwright from the 1950s.  There’s no video footage (of course), and if literally anyone who saw that production is still alive, I think we could forgive them for not remembering many details.  But the author decried the (alleged) sexism of the male newspaper reviewers who weren’t impressed with the production.  Nothing they said, or at least nothing the author quoted, struck me as anything but a negative response to a poor performance. 

Remember, they’re not talking about the play as written, but as performed, so the fact that the text isn’t bad (I’ve read it) doesn’t render the criticism of the acting and directing invalid.  I said that in what amounted to my first draft, but was told that I needed to say that the allegations of sexism could have been true (well, duh!), but weren’t necessarily.  In my view, declaring suspicions as fact, even if there’s some supporting evidence, might cut it as a blog piece, but it isn’t scholarship.  But whatever…

In another review I suggested that the mere fact that male dramatists wrote plays with specific actresses—their “muses”—in mind for the leading roles doesn’t mean that those women should share authorship credit any more than Richard Burbage should get co-authorship credit for Shakespeare’s plays.  I was ultimately able to make that point, but in a watered-down version. 

More recently, I was asked to “tone down” a comment that several of the authors in what purported to be an interdisciplinary collection of essays were so committed to discipline-specific jargon, incredibly complex sentences, and sesquipedalian articulations (see what I did there?) that readers, even those well-versed in the subject matter—me, for example—would find those chapters unreasonably difficult read, and might be tempted to conclude that the authors were more interested in strutting their intellectuality than in enlightening the reader. 

I stand by the analysis, but the editor was probably right to ask me to temper the cynicism.  I did so, but I kept the rest in a slightly revised version.  She seemed pleased, and told me she’d sent it off to press.  When it appeared in print, only the comment about jargon remained… and the verb wasn’t changed from plural to singular.  Sigh.

Perhaps the most telling episode was when I said that a book was extremely poorly edited and proofread.  I’ve never written a book, but I have published several chapters in collections of scholarly essays.  The process varies a little from publisher to publisher, but for one recent chapter I sent a draft to the book editor, who made editorial suggestions and proofread, and sent it back to me.  I approved some of the changes he suggested and made my case for not changing other parts of the essay.  After about three drafts, we both pronounced ourselves satisfied, and the essay went off to the series editor, who requested a couple of very minor changes.  And then it went to the publisher.  And then the professional proofreader.  And then back to the publisher.  And then back to me.  At least five different people proofread that chapter, some of us several times.

It’s still almost inevitable that some typo will still sneak by.  Of course, some publishers will cheat and rely on spellcheck, sometimes without even checking the final product.  I once encountered a textbook that intended to reference the 19th century playwrights Henri Becque and Eugène Brieux, but rendered their surnames as Bisque and Brie—a nice lunch, perhaps, but hardly important dramatists.

But this book, published by a prominent academic press, was ridiculous.  There were four and five typos on a single page, inconsistent formatting so it was impossible to tell when quoted material began and ended, at least two (that I caught) glaring malapropisms, and a number of instances of sentences or paragraphs so convoluted it was literally impossible to tell what was intended.  We’re not talking “teh” for “the” or accidentally omitting the “l” in “public,” here.

I was insistent on making the point that the book was not yet ready to be published.  A lot of the scholarship was really excellent, but the volume read like a first draft, neither edited nor proofread.  Finally, the book review editor had to get permission from the journal’s editor-in-chief (!) for me to go ahead with that commentary.

So what’s going on, here?  I can offer no firm conclusions, only speculations… “conjectures,” to coin a phrase. 

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