Missouri’s Unethical Food Stamps Bill

Sometimes you just need a good lobster. I'm from Boston. Trust me on this.

Sometimes you just need a good lobster. I’m from Boston. Trust me on this.

Years ago, my wise and wonderful first year Contracts professor at Georgetown Law Center, the late Richard Alan Gordon, made a permanent impact on my conscience with a spontaneous rant. He was discussing a case involving a welfare recipient who had been sued by a Washington department store for failing to keep up with installment payments on a Hi-Fi system. The court voided the contract, saying that it was unconscionable for the store to intentionally create incentives for poor people to spend public assistance money on “non-essentials” like music systems. (I wish I remembered the name of the case, but then I only got a C+ in the course.)

As the students nodded their heads in agreement with the opinion, Professor Gordon cut them short and thundered (I am copying from faded old notes: Dick’s rants were always eloquent and memorable, and I began reconstructing them after class for posterity):

“Outrageous! Who are you, or a court, or a government, or any authority to tell another human being that feeding his body is more important than feeding his soul? Music is “non-essential”? I suppose that means that literature, culture, inspiration, wisdom, knowledge…or a moment of joy, the thrill of discovery, experiencing a concert, admiring a great work of art, or sharing an intimate and timeless moment with the love of your life is “non-essential” too! Neither the law nor any court nor a government authority has a right to dictate what is essential to any human being, whether he is receiving public assistance or not. Being poor imposes its own cruel restrictions on liberty and autonomy. Imposing more still is both an abuse of power and a violation of basic human rights. This is an assault on human dignity.”

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KABOOM! “Hey! Let’s Torture Our Son For His Own Good!”

This was a bad one...

This was a bad one.

I really need my brains right now. I have an intellectual property legal ethics seminar to write, and an aggravating commentary on the ridiculous stand-off over gay marriage in Alabama. And yet there are my brains, scattered all over the ceiling and walls after the first KABOOM! of 2015.

That’s one more reason to be furious at Elizabeth Hupp, Rose Brewer,  and Denise Kroutil, otherwise known (here) as the Cretin Family.  That, and the fact that they are brutal, child abusing idiots. You see, Auntie Denise was concerned that Hupp’s six-year-old son wasn’t sufficiently wary of strangers. Grandma Rose agreed, so with Mom’s approval, they arranged to have a stranger kidnap the child, imprison him, and terrorize him.

Followed by a stern lecture.

Let me know when your head blows up as I relate this ridiculous/horrible/unbelievable but true story. Continue reading

One More Time As A Child Finds A Gun And Kills: Prosecute the Parents

DSC_1306

This time the locale was Elmo, Missouri, and it was a five-year old pulling the trigger. The victim was a 9-month-old boy, but it’s basically the same tragic, stupid story….just like in the Idaho Walmart, where the two-year-old shot his mother, or the Albuquerque motel room where another toddler shot both of his parents, who were just lucky and lived. (They have been charged with child abuse. Good.) A gun owner negligently, recklessly, criminally leaves a firearm, loaded, where  young children are and a tragedy results.

Alexis Widerholt, the mother of the children, called 911, and when emergency crews arrived they found that her the baby had been shot in the skull with a .22-caliber magnum revolver.

Somebody has to go to jail for this, maybe several people. Authorities say the gun belongs to a relative, but not the mother. If she knew the gun was in the house, she’s accountable. Anyone responsible for putting the loaded gun where a kid might find it is accountable. Charge them with manslaughter, convict them, send them away. Unless the mother didn’t know about the gun (she originally told the police it was a paint gun, either out of panic, confusion, or ignorance), she needs to lose the right to parent them, at least for a while. Continue reading

We Really Do Entrust Our Precious Children To People Like This…

water-noodles

The headline says it all:

North Kansas City School District apologizes for taking away blind child’s cane

Well, maybe not all…

Eight-year-old Dakota Nafzinger, born blind, attends Gracemor Elementary School in Kansas City, Missouri.*  Like many blind Americans, he uses a white cane to maneuver himself through life.

The school staff decided that the boy’s misbehavior on a school bus warranted punishment, so they took away his cane and

GAVE HIM A SWIMMING POOL NOODLE TO USE AS A SUBSTITUTE !!!!!!!!!!!!!

North Kansas City School District Spokeswoman Michelle Cronk explained that the staff was withing its rights to take away his cane, since it was given to him when he enrolled and thus  it was school property. She might as well have said that the kid should feel lucky they gave him one of those neon colored floating pool noodles to use instead, rather than, say, a garden hose or a live anaconda. The cane was taken away  because the child reportedly  hit someone with it. I suppose if his seeing eye dog had bitten someone, they would have taken the dog away, shot it, and replaced it with a guinea pig or a stuffed animal. Continue reading

Comment of the Day: “The Ferguson Riots: Of Course.”

I know this is a departure: this is my own comment. After I posted it in a fevered state, I decided that it warranted wider exposure.

It comes in response to a jaw-dropping post by one of the most articulate and analytical regulars on Ethics Alarms, who wrote in response to the original essay, this, beginning with a quote from it:

“the activists don’t care, literally don’t care, about [what really happened and why] For them, the issue is simple. A white cop in a racist police department shot an unarmed black teen to death, and that means that there will be riots if he’s not indicted.”

“As there should be.

The moral is – if you don’t want riots, regardless of whether the shooting was justified (if I were on the Grand Jury, then on the scraps of evidence I’ve seen, I’d indict to let it go to trial – just as if I were on the jury of the trial, I’d acquit barring more evidence) – anyway, the moral is – don’t run a racist police department.

Such civil disturbance is the natural countermeasure to tyranny.

I consider such civil disturbance to be a really, really, REALLY bad thing. I think anyone rational does. That means we have a responsibility to make sure that Law Enforcement is not so manifestly, systemically unjust that regardless of the facts in an individual case, riots are inevitable.

What should be is that there’s a justice system that, even though imperfect, is not so horrible that rational people become irrational and desperate. While there will always be some who are “professional rioters”, without a groundswell of popular sentiment behind them, they’re a small bunch of crims easily dealt with.”

After I carefully picked my jaw off the floor, I wrote this, the Comment of the Day, in response… Continue reading

The Ferguson Riots: Of Course.

A car burns on the street after a grand jury returned no indictment in the shooting of Michael Brown in Ferguson, Missouri

From Ethics Alarms, August 17, 2014:

IF the evidence supports the conclusion that Brown charged at Wilson, neither the family of the slain teen, nor the African American community in Ferguson, nor the protesters, the race-hustlers, the black and progressive politicians who benefit by preserving racial tension and distrust,  much of the news media and many, many pundits and political bloggers, will change their rhetoric, accusations or the prevailing Ferguson narrative one bit. They need for the narrative as it stands to be true, and want it to be true. Massive confirmation bias will ensure that the death of Mike Brown will be talked about, protested and regarded as an example of racist police oppression of young black men, and the truth, in the end, will be irrelevant.

I hope my prediction is wrong.

But it was not wrong. Everything that has happened since the announcement that the grand jury returned no indictment against Darren Wilson has been inevitable for months, and more so since no responsible steps were taken by the Obama administration to prevent it all. The desultory, disgusted, support-of-the-rule-of-law-by-rote speech by the President tonight, calling for calm while signaling to all by tone, expression and body language that his personal opinion was in conflict with his words, couldn’t have helped.

So now the race-baiters, dividers, bigots, rioters, looters, and hustlers, as well as the rest who have waited for so long to exploit this tragedy for partisan and ideological objectives, have what they want.

My thoughts on the matter from an ethics point of view were stated here a month ago. The riots, lootings and burnings hadn’t happened yet, but otherwise everything is as it was when I wrote…

At this point, confirmation bias has completely taken over the Ferguson story, meaning that a combination of factors—police incompetence; a toxic racial culture in the city and region;  the racial distrust carefully nurtured by Democrats, the Obama Administration, and an irresponsible news media; anger and cynicism by non-black, non-race-baiters over the disgraceful George Zimmerman-Trayvon Martin tragedy;  the slanted reporting of Brown’s shooting from the outset, and especially the full commitment of the civil rights establishment to make this incident the centerpiece of an attack on racial profiling and police violence against blacks regardless of whether the facts of the case justify it—now make any fair resolution of the incident impossible. They also guarantee that whatever occurs, the end result will be police anger, more racial division and distrust, and activists continuing to promote a false or misleading narrative as truth, just as in the Zimmerman-Martin debacle. It is hopeless….

….the activists don’t care, literally don’t care, about [what really happened and why] For them, the issue is simple. A white cop in a racist police department shot an unarmed black teen to death, and that means that it was a racially motivated murder.

The police and their mostly conservative defenders also don’t care about the details. Once again, a dedicated public servant who put his life on the line was forced to use deadly force against a dangerous thug who attacked him, and because the cop is white, is being persecuted and unjustly maligned.

Everyone is poised to see what they want to see, believe what supports their biases and agendas, and shout loudly about injustice regardless of what occurs, fertilizing the ground for the next incident they can exploit, along with cynical politicians.

Good job, everybody.

_______________________

UPDATE: The grand jury documents are beginning to trickle out. Here is Officer Wilson’s testimony.

 

Americans Opine On Abortion: Thank You, USA Today, Now I Know Why We’re Doomed

Blindfolded-People

USA Today fashions itself as the newspaper of the average American, and it may well be true. Especially since its redesign, it contains less substance than a single section of the New York Times, pedestrian writing, and mostly bite-size features designed for an audience with an attention span that finds fortune cookies challenging. Every now and then, however, a bit like Family Feud, USA Today’s proud low brow style yields valuable insight. Yesterday’s feature on abortion was such an instance, as the paper gathered reader comments on its Facebook and Twitter locales for America’s opinion regarding Missouri’s new mandated three-day waiting period for women seeking an abortion.

Now that I have reviewed the responses, it all makes sense to me now, and I think I know where we are headed. Oh, there is no valuable insight regarding the measure or abortion among the comments. What is revealing is that among all the responses chosen by USA Today, not single reader could manage sufficient objectivity and critical thinking to produce  well-reasoned, fair, thoughtful insight regarding a public policy issue that demands measuring and balancing interests, values,  and outcomes, the essence of ethical decision-making. Not one.

Here they are, with my comments in bold: Continue reading

A Question With Answers That Might Clarify The Ferguson Controversy: Why Haven’t You Heard About The Shooting Of John Geer?

John Geer

There was a fascinating editorial in the Washington Post this morning, I thought. See if you agree. It read in part…

At point-blank range, a Fairfax County police officer a year ago fired one shot, killing an unarmed man standing inside his home. The man, John Geer, was distraught and had been drinking — his longtime girlfriend had moved out and called police when he threw her things into the front yard — but he held no hostages, brandished no weapons and, so far as we have learned, posed no serious threat either to police or to public order…Shot in the chest, he was left to bleed to death inside his doorway while police officers, remaining outside the house, did nothing for an hour. Five and a half hours after the shooting, his body remained sprawled on the floor where he died.Incredibly, the authorities in Northern Virginia — including Fairfax County police and state and federal prosecutors — have refused to furnish any explanation for this stupefying sequence of events last Aug. 29 in Springfield. They have stonewalled…The officer who fired the shot, who remains on the force with full pay, has not been identified.

The authorities conduct themselves as if the case presented insurmountable complexities. This strains credulity. It involved one shot, one gun, one shooter and one fatality. It took place in broad daylight, at mid-afternoon. It was witnessed at close range by at least two other police officers, as well as friends and neighbors of Mr. Geer. And still authorities refuse to act or discuss Mr. Geer’s death…Will no one take responsibility and make some decisions in the unexplained death of Mr. Geer?

Don’t you think it would have been helpful, not to mention responsible and ethical, for the Post to remind its readers of this case while it fully participated in the media-driven race-baiting and hysteria over the shooting of “unarmed black teen Michael Brown” in Ferguson, Missouri?

It is also interesting, given the fact that the Brown-Wilson case is still very much in the news and on the tips of accusatory pundits’ tongues, that the Post neglected to mention the irony embodied by the quite legitimate lament of its editorial now. Ferguson? What’s that got to do with Fairfax? Continue reading

Ferguson Ethics Train Wreck Monday Morning Update: Taking Sides

When do competent, rational, fair, responsible, ethical citizens, officials, journalists and organizations take sides in a racially charged controversy involving a law enforcement officer and an individual shot and killed by that officer in an incident where the circumstances and provocation have  yet to be verified?

Simple: they don’t.

So how do we explain and characterize the decisions of so many citizens, officials, journalists and organizations to take sides in the Michael Brown shooting by Ferguson, Missouri police officer Darren Wilson? That’s simple too.

They are neither competent, rational, fair, responsible, nor ethical.

Thus we add to the passenger list of the Ferguson Ethics Train Wreck the following, who publicly took sides this weekend and today:

  • The Obama Administration. Three White House representatives will attend Brown’s funeral. This signals an official acceptance of the Brown family narrative, at this point completely unverified, that police misconduct and racism were involved in the death of their son, or if not, and I’m sure the White House will have some spin to dispute this, that is how it will be perceived by activists and how the White House wants it to be perceived. This may be good politics (though I don’t think intentional divisiveness is good, but the White House and I differ on that point), but it is horrible leadership, and a slap in the fact to all law enforcement, which is now being told by those representing the President of the United States that it is presumed to be in the wrong when there is a controversy over the exercise of force involving an African American

Continue reading

The Protest Ethics Check List And The Ferguson Demonstrations

APTOPIX Police Shooting Missouri

Protests are an American tradition, with protective rights enshrined in the Constitution, and a distinguished legacy that includes the Boston Tea Party and Martin Luther King’s civil rights marches and rallies. They are also perhaps the most misused and abused device in national politics. Most of them are useless, many of them are stupid, and too many of them do tangible harm.

The Obama Administration’s crisis of the hour is the Ethics Trainwreck in Ferguson, Missouri, where a perfect storm arose when an an inept, distrusted and untrustworthy police force and a poor and frustrated African-American population clashed over the Rashomon shooting of an unarmed black teen. Now there are demonstrations every day in Ferguson; several people have been killed, and the demonstrations have spawned rioting and looting.

What is the purpose of all of this? It better be a good one, given its cost, and the protesters better be right. The problem is that the protesters can’t possibly be right at this point, because the facts aren’t known. We are told that the reason for the demonstrations is larger than mere anger over the shooting of Michael Brown; that it’s about police harassment, abuse and violence against African-Americans and their lack of accountability for it. That would only be a sustainable justification if in fact the death of Brown was an unequivocal, clear-cut example of the phenomenon being protested. It is not, not yet, and it may never be. So again the question has to be asked: is it ethical to be protesting in Ferguson at all? Continue reading