Skip to main content

Advisory Opinions

Spring Reading: "Self-Deception" by Herbert Fingarette

I just read a classic work of philosophical psychology, Self-Deception (Routledge & Kegan Paul, 1969), wherein Herbert Fingarette takes an interesting approach to a phenomenon common to politics, but which seems paradoxical and, therefore, difficult to understand. How can someone effectively lie to himself as well as to others (and is it still a lie)?

Dating and Minimum Requirements

An example I often use for why government ethics laws are only minimum requirements is that these laws cannot include friendships or romantic relationships, because these are impossible to define with any precision. When a relationship is not included because it is undefinable, this does not mean that one should not treat this relationship like any other special relationship and withdraw from matters involving that individual. One should go beyond the minimum requirements of the law and withdraw.

Recent CA Advisory Opinions re Proximity to Properties Involved in Land Use Matters

The Law of the Land Blog has recently summarized a number of California decisions regarding proximity, a conflict of interest issue that, for some reason, seems to come up primarily in California, due in large part, I suppose, to its 500-foot rule.

Applying the Broken Windows Theory to Local Government Ethics

Does the "broken windows" theory, as first stated in a 1982 Atlantic essay by George L. Kelling and James Q. Wilson, apply to government ethics? The theory says that, if small things like broken windows are ignored, people will think that no one cares and, therefore, they will break more windows and move on to more serious misconduct. It's about setting norms and sending signals.

Can an Assistant County Attorney Sit on the Council of a City in the County?

According to an article last week in the Washington Post, the Fairfax County (VA) Attorney fired one of his office's assistant attorneys because she was elected to the council of a city within the county, even though he and his deputy who deals with personnel matters had given her permission to run for office. In a letter sent after the election, the county attorney explained the apparent contradiction as follows:
“I apol