The Essence Of Utilitarianism: 9 Out Of 10 Non-Lawyers Will Hate This, But It Is Ethical And Necessary

Wait, this doesn't seem proper at all...

Wait, this doesn’t seem proper at all…

In the case of King v McCree, the Sixth Circuit has handed down a decision that affirms the principle of judicial immunity.  The facts are reminiscent of the Gilbert and Sullivan one-act, “Trial by Jury.”

Judge Wade McCree,  presiding over a felony child – support case, conducted a secret sexual relationship with the woman seeking support from the defendant, King. The Michigan Supreme Court both removed Judge McCree from his judgeship and prospectively suspended him without pay for six years just in case Michigan voters—and voters have been known to do such stupid things–re-elect  him if he runs for judge again in November 2014.

The defendant sued the ex-judge, claiming that the judge’s obvious conflict of interest–playing bedroom bingo with the complaining witness while her case was being adjudicated in his court— violated King’s right to due process of law. The district court ruled that Judge McCree was immune from such lawsuits under the doctrine of judicial immunity, and the Sixth Circuit agreed. Continue reading

Ethics Quiz: Virginia’s Forced Vasectomy

"Well, they can't all be "shouting fire in a crowded theater," Oliver. So you had an off day....it happens.

“Well, they can’t all be “shouting fire in a crowded theater,” Oliver. So you had an off day….it happens.

One of the skeletons in the Old Dominion State’s closet is the 1924 “Virginia Eugenical Sterilization Act,” a  law allowing the sterilization of citizens adjudged to be in a long line of mentally deficient idiots. The law was upheld in the infamous  1927 Supreme Court opinion in Buck v. Bell, in which the great Justice Oliver Wendell Holmes, to his undying shame, wrote,

“It is better for all the world if, instead of waiting to execute degenerate offspring for crime or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind…Three generations of imbeciles are enough.”

So approved, Virginia’s eugenics law lasted into the 1970s, allowing the state to sterilize more than 7,000 people in mental institutions. The law was repealed in 1979, and victims are seeking reparations. Now the ghost of that law is hovering over the resolution of a current case.

The only thing Virginian Jessie Lee Herald has done on his 27 years more than get in trouble with the law is have children: so far he has had seven (with six mothers) and his current wife says she wants more. He recently fled the scene of a car crash with his injured 3-year-old son. Herald pleaded guilty to felony child endangerment, felony hit-and-run, and misdemeanor driving on a suspended license. Investigators who went to his home found his child to have been neglected, with, among other things, shards of glass in his diapers.

A Shenandoah County prosecutor, Illona White, proposed a plea deal that would reduce Herald’s prison sentence to just four years: he would have to agree to a vasectomy. He took the deal, which also requires him to pay for the operation.

Your Ethics Alarms Ethics Quiz of the Day:

 Is it ethical for a state to make a convicted felon choose between prison time and sterilization?

Continue reading

Animal Abuse, Law, Ethics…And More Cognitive Dissonance

Gothic pets

Some animal abuse issues are ethics slam dunks, some should be, and some are more complicated than the wo people posture over them seem to think. Here are three examples from the news:

1. Tattooed Kittens?

A law about to be passed in New York, S.6769, will make it illegal for pet owners to inflict tattoos or piercings on their pets except for medical purposes or when a tattoo is used strictly for identification purposes. Violations would carry fines of up to one year in jail and a $1,000 fine.

“I believe that if given the choice, animals would decline to having themselves undergo a painful procedure of being either tattooed or pierced,” said New York State Senator Mark Grisanti, a Republican who is supporting the measure introduced by Democratic Assemblywoman Linda Rosentha in 2011.

Ya think? The fact that a law would even be necessary to articulate that tattooing or piercing a pet for the owner’s amusement is horribly wrong and obvious cruelty foretells the approaching apocalypse.  That such a law would take three years to pass also tells us something bad about, oh, New York, politics, partisan warfare, human intelligence…just about everything. The problem, was brought to public attention by the prosecution of this idiot.

2. The Opossum Drop Continue reading

Laser Pointer Abuse: Why Ethics Gets Complicated

laser pointerThis month, the FBI announced that it was expanding a program rewarding anyone who reports an incident of an individual aiming a laser pointer at an airplane with $10,000. ( This use of the cheap lasers is a federal crime.) The bounty was previously offered in a handful of cities, but because it seems to have reduced the number of laser strikes on planes, it is being expanded nationwide.

Wait…is this really a problem? It’s several problems, in fact. The main problem is that laser pointers can, if the wielder of one gets “lucky,’ bring down an airplane. The related problem is that this country is littered with so many unbelievable assholes that we even have to discuss this….and imagine what other stupid, dangerous, irresponsible things they do when they aren’t trying blind pilots thousands of feet in the air.

Incidents where laser pointers interfered with the operation of commercial airliners have increased a ridiculous 1000% rate since 2005, when federal agencies started compiling statistics. Last year, there were 3,960 laser strikes against aircraft reported, an average of almost 11 incidents per day.

Some ethics-related thoughts:

1. There is no way around it: sociopaths, who are essentially ethics-free, are a constant threat and blight on society. Aside from the children involved, whose conduct can be chalked up to immaturity and flawed reasoning, the people who would aim a laser pointer at an airplane just for the hell of it are kin to those who set fires, vandalize buildings, create computer viruses and generally make life ugly and dangerous for the rest of us because they can. You can’t educate them or give them a sense of right and wrong. All you can do is make laws with harsh punishment for the stupid, destructive conduct these individuals engage in to give themselves a sense of power and importance. Ethics is irrelevant; their ethics alarms can’t be repaired, because they don’t exist. The laser-abusers  illustrate the maxim often quoted here that “When ethics fails, the law steps in.”

2. Anyone who uses a laser pointer this way and who is aware of the potential results is capable of much worse. This is signature significance, don’t you think? It is tempting to use such a crime as a justification for pre-crime: anyone who would do this is too stupid or too inherently anti-social to be trusted in a free society. Pre-crime, however, is a concept too prone to abuse, a slippery slope that the Constitution wisely precludes. I would, however, see no reason not to require a conviction of this crime to be disclosed to every potential employer, for all time. Nobody should trust someone who even once would risk causing an airplane to fall out of the sky because it would be cool, and I don’t care if the reason for the act was the lack of brain cells, IQ points, the sense God gave a mollusk or a missing conscience. I don’t want you in my neighborhood, near my family, or in my workplace. I don’t trust you. and I never will. Does this place a burden on you, if others feel as I do? Good, and too bad for you. Don’t try to shoot 757s out of the sky for laughs, and you won’t have the problem. Continue reading

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

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

Harvard’s Black Mass: An Ethics Problem With No Answer

 

Impossible.

Impossible.

P versus NPthe Hodge conjecturethe Riemann hypothesisthe Yang–Mills existence and mass gap The Navier–Stokes existence and smoothness. The Birch and Swinnerton-Dyer conjecture. These are some of the unsolved problems of mathematics, but they are child’s play compared to the unsolvable ethics dilemma concocted at Harvard College.

Is Harvard right to allow students to hold a historic recreation of a Black Mass? Is Harvard wrong? Is it unethical for the students to engage in the project? Is it gratuitously insulting to religion, particularly Catholicism? Does it even matter if it is?

To bring you up to date:

The Harvard Extension Cultural Studies Club is planning to recreate a “satanic black mass” on campus next week, enacted by Satanic Temple, a New York-based, Satanist group that engages in outrageous displays to draw attention to First Amendment rights. “Our purpose is not to denigrate any religion or faith, which would be repugnant to our educational purposes, but instead to learn and experience the history of different cultural practices,” the HECSC said in a statement.

The statement lays the foundation for a hung jury in seeking an ethics verdict. Since the Black Mass was originally devised to denigrate the holy mass, saying that recreating the mass isn’t intended to denigrate religion is the kind of thing Captain Kirk used to say to evil, logic-bound computers to make smoke come out of their hard drives. “It-is-true-but- it’s-not-true-but-nothing-can-be-true-and-not-true–KABOOM! Continue reading

Lawyer Daniel Muessig’s Clever, Effective, Legally Ethical And Thoroughly Despicable Ad

Just as I’ve been desperately trying to explain that lawyers do not represent bad people because they like them or want to loose them upon the world,  here comes innovative Pittsburgh lawyer Daniel Muessig, whose clever TV ad proclaims that this is exactly what he wants to do. Here it is:

Is this an ethical ad? According to the Pennsylvania Rules of Professional Conduct, it is within the conduct permitted by the state’s legal ethics rules. The ad isn’t misleading. It doesn’t make promises the lawyer cannot keep. It doesn’t represent dramatic recreations as fact, or use broad metaphors and exaggerations. (Lawyer ads are held to a standard of literalness that presumes the public has never see any other kinds of advertising in their entire lives.) Once upon a time the various state bar advertising regulations included prohibitions on “undignified” communications, or those that undermined public trust in the profession, but those days are long past: the standards were necessarily vague, and breached free speech principles.

So we have this: a lawyer who appeals to his future criminal clients by saying that he thinks like a criminal, believes laws are arbitrary, that other lawyers will “blow them off” and that he visits jails frequently because that’s where his friends are. He attacks his own colleagues and profession, denigrates the rule of law he is sworn to uphold, and seeks the trust of criminals not because of his duty as a professional, but because he’s just like them. Muessig is willing to undermine the law-abiding public’s belief in the justice system and the reputation of his profession and his colleagues in order to acquire clients. I’m sure his strategy will work, too. Continue reading

Twelve Post-Veto Ethics Observations On The Arizona “Religious Freedom” Bill

veto2

1. As we now know, Governor Brewer vetoed AZ SB1062, the so-called “religious freedom” bill that was widely (and accurately) interpreted as support for discrimination against gays. In the previous post, I suggested that her delay in doing so sent a message that was as hostile to gays as the law itself: if she felt the law was ethically wrong, then she should have and would have announced that she would not sign the bill long ago. Instead, she waited to see how much economic damage the law would do to the state, and then vetoed it, not because this was the right ting to do, but because it was the pragmatic thing to do. (As the satiric Borowitz Report put it, “The state of Arizona found itself in the middle of a conundrum today as it awoke to the awkward realization that gay people have money and buy stuff.”) USA Today noted that, to the contrary,”Some political insiders believe Brewer has allowed furor over the legislation to build to thwart social conservatives’ attempts to push a similar bill later.” I doubt it, but if so, Brewer allowed her state and her fellow Republicans to be represented nationally as homophobic for as long as possible to spare herself the inconvenience of vetoing a second bill.

2. Despite the extravagant debate over the bill, almost no commentators actually published the bill’s text in the commentary. The reason appears to be that since the bill is really an amendment of an existing law, it takes a modicum of intelligence to figure out what’s going on. Here it is (the original law is in black; the new text is in blue; what has been removed in the amended version is struck through): Continue reading

Comment of the Day: “Zero Sum Ethics Encore: When An Unfair Firing Is Still The Most Ethical Course”

 my hero

The dilemma posed in the recent post about the radio host fired because of the danger posed by her threatening, stalker ex-husband sparked some unexpected reactions, as many readers expressed frustration that Nancy Lane’s employer left her to her own resources in her peril. One of the more provocative alternatives proposed is Steven’s endorsement of what he calls the chivalristic response.

Here is his Comment of the Day, to the post Zero Sum Ethics Encore: When An Unfair Firing Is Still The Most Ethical Course.

The problem I have with situations such as here with Nancy Lane is there is no reason for this situation to result in an ethical dilemma or “Zero Sum”. I, as well as few others here recommend what can only be labeled as a chivalristic response. Now we are not talking the aristocratic, medieval ethos but more of a modernization of the gentlemanly behavior exhibited of those of the greatest generation without the bigotry or homophobia. With the feminization of our society it is incredibly hard to find the line between “modern” chivalry and misogyny, or at least feminism’s liberal application of the term. Continue reading

Zero Sum Ethics Encore: When An Unfair Firing Is Still The Most Ethical Course

zero-sum-thinking

Back in June, Ethics Alarms set off quite a donnybrook over a post about a second grade teacher in San Diego who was fired over concerns for the safety of staff and students after the teacher’s ex-husband came to the school to confront her. The teacher protested that the school was abandoning her when she needed support most, which was indeed true. But Ethics Alarms concluded…

“This is the kind of ethical conflict involving competing interests and obligations that only a balancing approach, utilitarianism, can address properly. The husband is Carie’s problem. He is not the school’s problem. It is not the students’ problem. It is not the children’s parents’ problem. I know it’s not an easy problem for her to solve, but she has no right to insist or demand that her inability to solve her problem should be permitted to put others at unnecessary risk…Sometimes ethics is a zero sum game, and someone has to lose. This is one of those times…”

Ethics conflicts (where two or more ethical principles are in direct opposition) necessarily require making tough choices, but many readers didn’t like the analysis, pronouncing it “cold.” “There has to be some other solution,” wrote one commenter. Certainly there are other solutions, but the school was obligated to choose the solution that resulted in the least risk to their primary charges, the kids.

And if children aren’t at risk?

That’s the question raised by the most recent occurrence of the zero sum ethics scenario, in which Nancy Lane, a popular Pennsylvania radio host, has been terminated by her employers because of the threats made against her and the company by her ex-husband. The ex, George Lane, is currently jailed for  impersonating police. In the recent past he has repeatedly threatened Nancy, her family and coworkers, and last year hired someone to slash the tires of several company vehicles at Forever Broadcasting, Nancy Lane’s now former employers, who severed its ties with her by writing,

“Regrettably recent events involving your former husband has caused severe disruption to our business and has made this decision necessary.”

Lane has posted a petition protesting her dismissal. It reads, in part… Continue reading