tradition

Ethics Quote Of The Day (Christmas Confusion File): Jonathan Turley

/ Jack Marshall / 9 Comments

“Best wishes to everyone celebrating Christmas.”

—- Law Professor and blogger Jonathan Turley, wishing at least some of his readers a merry Christmas.

Get ready to duck, Fred!

Get ready to duck, Fred!

Prof. Turley is a lawyer, of course, and trained to express himself with precision. Thus I have to ask: what the heck is he trying to say here?

Is he wishing good tidings only those who, like his family, are celebrating Christmas, and rotten times to the rest? Is he editing the humanist message of Christmas to “Peace on Earth, and good will to those who are putting up Christmas trees and giving gifts, other wise you’re on your own”?

Or, as I fear greatly, given the fact that he is part of the U.S. education establishment and thus prone to have a spine of cream cheese, just observing the trendy political correctness that infects our times, and bowing to those who contrive to take offense when anyone smiles at them and offers a greeting that only says, at minimum, “We’re all in this together, so let’s try to be as good to each other as we can, OK?” Continue reading →

Ethics Hero: Judge Richard Posner

/ Jack Marshall / 130 Comments
Sure, you have a right to think there's something wrong with that, but the state has no business acting as if it thinks so too.

Sure, you have a right to think there’s something wrong with that, but the state has no business acting as if it thinks so too.

Because Judge Richard Posner of the 7th Circuit Court was appointed by Ronald Reagan, he is usually describes as a conservative judge. He’s better described as an unusually smart, articulate, thoughtful and courageous judge, and in responding to oral arguments  lawyers for Wisconsin and Indiana defending their state’s marriage bans, he proved it.

I have frequently attempted to draw a distinction between those guided by archaic religious morality that causes them to regard same-sex marriage as sinful, and the attempt to use the government, which must not be guided by religion to make such marriages illegal. Morality doesn’t have to be defended by logic—God works in mysterious ways, you know—but laws do. A complete evisceration emanating from a place of authority of the specious and often absent reasoning behind gay marriage bans was much needed, and knowing that he risked criticism as a “judicial bully” for doing so with gusto, Judge Posner came through.

Here is a sampling of the barrage he placed on Indiana Solicitor General Thomas Fisher and Wisconsin’s assistant attorney general Timothy Samuelson: Continue reading →

Is There An “Almost Naked Lovely Lawyer Principle”?

/ Jack Marshall / 7 Comments

cathy-mccarthy

Not really.

But it’s complicated.

Cathy McCarthy (above) is a 2013 graduate of Loyola Law School-Los Angeles, and she is sounding the clarion call for the right of bikini model-lawyers to be taken seriously. She wrote…

I graduated law school a year ago after receiving an academic scholarship and passed the California Bar last November on my first try. I am also a model and have had moderate success, building fan base of over 26,000 people where I do mostly bikini promotions. Does this make me better or worse at my job? According to some people, it makes me unable to be taken “seriously” in the business community. In fact, two weeks ago, I was reprimanded by a coworker for my online presence and was told to “handle the situation.”I fought back and was ultimately let off the hook, but this is not the first time that I have faced backlash from colleagues who think that a lawyer should not also get the privilege of “looking hot in a bikini.”

Unlike the case with primary and secondary school teachers, where a published presence on the web that is sexually provocative can interfere with a healthy student-teacher relationship, there is no automatic impediment to a lawyer client relationship posed by the lawyer moonlighting as a bikini model, a fold-out, or even a porn star. The profession acknowledges this in several legal ethics opinions affirming lawyers’ First Amendment rights. Lawyers can express themselves any way they choose, provided that it does not undermine their ability to represent their clients in any way. Continue reading →

A Baseball Integrity Conundrum: The Non-Hit That Is Always Called A Hit But Shouldn’t Be

/ Jack Marshall / 7 Comments

In baseball, when a batter gets lucky and his pop-up or fly falls between fielders who could have easily caught it but who got mixed up, allowing the ball to drop in safely, it is scored as a hit, not an error, as long as neither fielder touched it on the way down. Sometimes this makes sense; usually it doesn’t. Then again, it also is ruled a hit if an immobile, fat outfielder can’t run down a fly ball that the average Little League could catch with ease, whereas if a faster outfielder runs over, catches the ball but drops it, it would be an error. Such are the scoring vagaries of baseball.

This particular rule of scoring drives some aficionados of the game nuts. Why should the pitcher be charged with a hit if his fielders were at fault? Why should a hitter get credit for a hit when what he did would have been an out if the fielders didn’t mess up, or the wind wasn’t blowing, or the sun didn’t get in their eyes? They are right, but a hit is what the game defines as a hit, and by practice and tradition, this has always been called one, so it is.

Except that on Friday night in Arlington, Texas, it wasn’t. Yu Darvish, the Abbott and Costello-named Texas Rangers ace, was pitching a masterpiece against the Boston Red Sox. In fact, with two outs in the 7th inning he was working on not just a no-hitter but a perfect game (no batter reaches base), either of which qualifies as a major, landmark achievement. Then Red Sox designated hitter David Ortiz (who would later single to break up the no-hitter with two outs in the ninth inning) hit a high pop-up to shallow right field, an easy out….except that it fell, untouched, between the Rangers second baseman and the right fielder, Nelson Cruz, who could have and should have caught it. It was a terrible way for a pitcher to lose a perfect game and a no-hitter, and a collective sigh of disappointment came from the Texas crowd, only to turn to cheers when the scorer (local sportswriters are given the job of deciding hits and errors in Major League Baseball) ruled the ball an error on Cruz. The perfect game was gone—anything, even an error, mars that—but the no-hitter was alive!
Continue reading →

Ethics Dunce: Law Professor Josh Blackman, Too Desperate To Take A Cheap Shot At Justice Scalia

/ Jack Marshall / 39 Comments

Supreme Court Justice Scalia, though not quite to the absurd degree of Sarah Palin, is a conservative who inspires such visceral dislike from the residents of the American Left that he often inspires them to behave irrationally in their eagerness to express their contempt. Such was the case this week, when Scalia sharply rebuked a lawyer making his oral argument before the high tribunal in the case of Marvin Brandt Revocable Trust v. United States, a property rights dispute over the conversion of abandoned railroad rights of way into public trails. The advocate, Steven Lechner, was before Scalia and his colleagues for the first time, and began his argument by reading from his notes. This is not cool, and violates Supreme Court tradition, rules, and long-observed standards.

Tony Mauro, blogging at the Legal Times, explains: Continue reading →

Santa Claus Ethics, Stupid Division

/ Jack Marshall / 87 Comments
I don't care WHAT color this guy is, I'm getting my kid OUT of there!

I don’t care WHAT color this guy is, I’m getting my kid OUT of there!

The fact that there is a serious debate going on in the blogosphere and news media whether 1) Santa Claus is white; 2) whether it is racist to maintain he is white and 3) whether he should be some other race or species is more evidence that the United States of America is having a nervous breakdown. It also demonstrates that race-baiters and the insanely politically correct have no sense of proportion, moderation or shame, and that too many of those who are confronted by these annoying people don’t have the sense to know when to just nod, pat them on the heads and say, “Sure, sure…if it makes you happy.” Here are some loosely connected observations on a controversy too dumb to justify organization: Continue reading →

Being Fair To Harry Reid: This Began With A Borking

/ Jack Marshall / 31 Comments
Blame the first domino, not the last one..

Blame the first domino, not the last one..

I generally revile Senate Majority Leader Harry Reid for his hyper-partisan leadership of the Senate, his unethical statements and his manner of conducting himself.  Still, I am bound to take this rare opportunity to defend Sen. Reid, who is taking the brunt of  criticism from both Democrats and Republicans for weakening the filibuster last week. True: he didn’t have to take this course, and I think it will probably, as the talking head shows Sunday seemed to agree, make the toxic and dysfunctional politics in Washington worse, not better. Reid, however, is not the primary one at fault. He was doing his job as he saw it, dealing with circumstances that are now beyond his control.

What led to the so-called “nuclear option” becoming reality was an unplanned convergence of Machiavellian politics, breaches of professional duty, dishonesty, irresponsible legislating, lack of statesmanship, unfairness, disrespect, bad luck, incompetent leadership, and most of all, a cycle of revenge that is now only likely to continue. Most of this was out of Harry Reid’s hands.

History shows that U.S. Presidents were once virtually always given the benefit of the doubt regarding judicial appointments to the federal courts, except in the rare cases of serious ethical questions or dubious qualifications. It was a good system, and the right system, and both parties followed it, realizing that the ideological mix in the courts was fluid and cyclical, and that today’s new conservative judge would eventually be offset by the appointee of the next liberal President, and vice versa. Democrats destroyed that tradition and accord on judicial appointments when in 1987, the Senate Democrats blocked President Reagan’s nomination of Robert Bork, who had been selected by President Reagan to fill a vacancy on the U.S. Supreme Court. Continue reading →

Ethics Dunce: Virginia Democratic Lieutenant Governor Candidate Ralph Northam

/ Jack Marshall / 24 Comments

Democratic Party candidate Ralph Northam cannot possibly lose the Virginia Lieutenant Governor race today; in fact, he should win by a landslide. His Republican opponent, African-American minister E. W. Jackson, is so conservative he makes his running mate, gubernatorial candidate Ken Cuccinelli, look like Saul Alinsky, and I’m only exaggerating a little bit. From the pulpit, he has made statements that sound like they were ghosted by Pat Robertson in one of his crazy moods, like when he seemed to be suggesting that children with birth defects were being punished for their parents sins. Jackson doesn’t believe in evolution, thinks that government programs have done more harm to blacks than slavery, and could fairly be described as homophobic.

Still, he is a citizen, a candidate and a human being, so when he offered his hand to his soon-to-be victorious opponent Northam following a TV debate, there was only one decent, civil, ethical, statesmanlike response for Northam: take it, and shake it. That is traditional, civilized, and polite, and for Northam to do what he chose to do instead—ignore Jackson and his hand and snub the Republican, refusing even to look him in the eye—on live TV, no less!— shows him to be an arrogant, unmannered, uncivil jerk of the breed that has brought American politics, government and discourse to a new low. Continue reading →

Blaming God For An Unfair Decision

/ Jack Marshall / 77 Comments
"Yes, I agree, Patrick; I've been thinking the same thing. Paige needs to be playing field hockey. Let it be written. Let it be done."

“Yes, I agree, Patrick; I’ve been thinking the same thing. Maddy Paige needs to be playing field hockey. Let it be written. Let it be done.”

Maddy Paige is a 12-year-old girl from Locust Grove, Georgia who was the starting defensive tackle for her sixth grade football team at Strong Rock Christian School until the school’s head, Patrick Stuart, decided that the order of the universe depended on his implementing a new policy declaring that “Middle school girls play girls’ sports and middle school boys play boys’ sports.”

For all the benefits and wisdom a conservative approach to public policy can add to society’s progress, conservatives will always erode their credibility and trustworthiness by their tendency to stubbornly insist on unjust and arbitrary rules because “that’s just the way it’s always been.” This will be the impact of  conservative opposition to gay marriage, now officially shown to be futile by the Supreme Court’s DOMA rejection yesterday on Due Process and Equal Protection grounds under the Fifth and Fourteenth Amendment, and it is the lesson to be harvested from Stuart’s fatuous move. Continue reading →

Comment of the Day: “Ethics Hero: David Blankenhorn, Former Same-Sex Marriage Opponent”

/ Jack Marshall / 52 Comments

eeyore1

In many ways, I love this post. I love it because it is passionate and serious, and from the heart, and because I am certain that it reflects what many Americans, especially those of a certain age, feel with frustration and a little fear and anger.  I also agree with much of what it concerns, the lack of respect for accumulated wisdom in many aspects of the culture, and the rush to discard old standards not because they have failed us, but just because they are old. The comment comes from a regular commentator, Eeyoure (not his real name, you’ll be relieved to learn, and yes, we both know how to spell the A.A. Milne character he honors) who is educated, decent, smart and articulate.

But regarding his lament’s  applicability to the controversy at issue, gay marriage, he is absolutely, utterly, tragically wrong. The conventional wisdom is that we should just try to ignore Americans who feel similarly to Eeyoure, because demographics are relentlessly removing them from the scene. As the politically active public becomes younger, the support for equal rights for gays, trangendered and bi-sexual citizens will grow into an overwhelming majority.  I think that’s a lazy and obnoxious way to win an argument, even when you are right. Smart but misguided people, like Eeyoure in this matter, should be able to evolve, learn, and realize when what they once thought was right, isn’t.  Realizing that one aspect of entrenched belief was, upon knowledge and reflection, wrong does not mean the whole foundation of civilized society has to crumble—this is the classic, irrational, self-defeating fallacy of conservatism. Change in the presence of enlightenment and experience is the essence of ethics, which constantly evolves. We should be able to explain what is wrong with this post so that even the poster agrees.

Here is Eeyoure’s Comment of the Day, on the post (and comment thread t0) Ethics Hero: David Blankenhorn, Former Same-Sex Marriage Opponent: Continue reading →