Month: July 2010

Fairness Dilemma:When Should Past Misdeeds Affect Present Trust?

/ Jack Marshall / Leave a comment

The Shirley Sherrod case raises a broader ethical question that surfaces frequently, both in current events and in private life. When, if ever, is it fair to lower one’s opinion and level of trust in an individual’s character based on events that occurred long ago?

In Sherrod’s case, an twenty-four year old incident she cited in a speech before the N.A.A.C.P. as a lesson in how not to behave got her fired from her job at the U.S.D.A., condemned by the N.A.A.C.P., and called a racist by conservative news commentators. This is an easy call: her instance of racial anger and bias should not be held against her for several reasons: Continue reading →

Race, Politics and Cowardice: the Unethical Victimization of Shirley Sherrod

/ Jack Marshall / 6 Comments

The forced resignation of Department of Agriculture employee Shirley Sherrod, an African-American, is far more significant than it appears. By itself, it is a deplorable example of an innocent citizen being victimized by a convergence of unethical conduct by the media, the Obama Administration, and the N.A.A.C.P. Sherrod’s fate, however, is also a warning, a frightening sign that racial and political tensions are rapidly spinning out of control in America, and that the very institutions we should be able to trust to apply reason, competence, courage and fairness to the issue of race are displaying cowardice, dishonesty and opportunism instead. I hope this is an isolated incident. Everything tells me it is not.

This sudden ethics train wreck developed when Andrew Breitbart, proprietor of the provocative, entertaining and thoroughly Right-leaning website Breitbart.com, posted a grainy video that he said showed Shirley Sherrod, U.S.D.A.’s state director of rural development for Georgia, speaking at a March 27 NAACP Freedom Fund banquet. Continue reading →

Ethics Heroes: The Texas Commission on Judicial Conduct

/ Jack Marshall / Leave a comment

Thank you, Commissioners, for avoiding the impulse to support a fellow judge, and standing up for decency, compassion, and common sense in the judicial profession.

In a display of arrogance, rigidity and callousness that has justly haunted her for three years, Sharon Keller, the Presiding Judge of the State Court of Criminal Appeals, told a clerk to close down the courthouse on the dot of  5:00 PM on September 5, 2007, knowing well that attorneys were rushing there to file a last-minute appeal to save a prisoner from execution. Once the doors were closed, there was nothing they could do, and their client, Michael Richard, was put to death that night. Continue reading →

Blame Everyone for Infrastructure Ruin: Unethical, Irresponsible Priorities from Reagan to Obama

/ Jack Marshall / 4 Comments

In the early Eighties, I oversaw an independent study funded by the Highway Users Federation and the National Chamber Foundation called “Transport Tomorrow,” exploring the immediate need for transportation infrastructure repair and expansion in all modes of transportation: roads, railway, waterway, and airports. In the process of learning how dire the need for massive construction and repair was if America’s future commercial needs were to be met, the study commission made a disturbing discovery: urban water and sewer systems were crumbling too. There was literally not enough money to fix all the roads, bridges, tunnels, water mains and sewer pipes that had to be fixed, and the consequences of not doing so would be economic paralysis and worse, disease and even social unrest.

In the face of this looming and undeniably real disaster, the Reagan Administration did—pretty much nothing. Neither did the Bush, Clinton and Bush II administrations, and even the Chamber of Commerce failed to make infrastructure repair one of its key issues. Oh, there were new projects, of course, and when a major bridge started to dump cars into rivers it was repaired. Holes were patched, pipes were replaced here and there. But the full-fledged commitment to the unsexy and incredibly expensive job of keeping the infrastructure sufficient to meet the needs of the nation, and protecting it from the ravages of use and time was deferred, and deferred, and deferred. Something was always more important: wars…tax cuts…the environment…health care. The Obama Administration is following this irresponsible pattern, except it has combined with the profligacy of the Bush Administration to push the Federal deficit into unprecedented dangerous territory. New taxes on just about everybody and everything are going to be needed to stave off financial ruin, and there will be little political will to spend any of the income on something as mundane, but crucial, as sewers.

The problem, however, has become infinitely worse since 1983, when “Transport Tomorrow” was released, and then as now, the attitude of our elected leaders is to let the next guy deal with the problem. Is this responsible? No. Is it cowardly? Yes. Is it a blatant, intentional and knowing distortion of priorities that will threaten American prosperity, jobs, and lives? Absolutely.

Here is a small glimpse of the enormity of the crisis: Continue reading →

Ethics Dunce: Donald Trump

/ Jack Marshall / 6 Comments

I know, I know. The ethicist’s equivalent of shooting fish in a barrel.

Nonetheless, even for the notoriously shameless and tasteless real estate mogul, this is a new low. He has recruited Rachel Uchitel for his self-promotion vehicle reality show, “The Celebrity Apprentice.” Uchitel, in case you’ve lost count, was the first of Tiger Woods’ many mistresses to be identified by the press.

Now every attractive woman seeking fame and fortune has a motive to contribute to the destruction of male celebrities’ marriages, to help disrupt  their children’s lives and shatter their sense of security, and to aid and abet self-destructive, dishonest, cruel conduct. If you do it well enough, Donald Trump will make you a star! Soon you can be appearing on other reality shows, making money, hiring an agent, getting photo spreads in the Globe and National Enquirer. All it takes is plenty of greed, a lot of ambition, and no shame. Talent, hard work, skill and intelligence are optional, and maybe even a disadvantage. Continue reading →

Sunday Ethics Round-Up: Cynical Fines, Drunk Norwegians, Lazy Newsmen and Pitiful Ballplayers

/ Jack Marshall / 5 Comments

Here are some ethics issues to ponder from the recent news and around the Web:

  • Who says it pays to be ethical? The astounding insistence, under oath, by Goldman Sachs executives that they had done nothing wrong in selling admittedly “crummy” investment products to clients while using the company’s own money to bet that the same products would fail will not be sufficiently punished or contradicted by the S.E.C.’s cynical cash settlement of its suit against the firm. For a $500 million penalty, Goldman Sachs is off the hook for the equivalent of four days’ income, as the Obama Administration claims to the unsophisticated public (“Isn’t $500 million a lot of money?”) that it is “getting tough” with Wall Street. The fact is that Goldman Sachs’ unethical maneuvers paid off handsomely, and nothing has happened that will discourage it from finding loopholes in another set of regulations and making another killing while deceiving investors legally and, by the Bizarro World ethics of the investment world, “ethically.” You can read a perceptive analysis here. Continue reading →

Ethical Standards, Not Laws or Regulations, Must Enforce Broadcast Civility

/ Jack Marshall / 1 Comment

A federal appeals court just struck down controversial the Federal Communications Commission policy on indecency, ruling that regulations barring the use of “fleeting expletives” on radio and TV were too vague and could inhibit free speech….even if that free speech was smutty.

Good. Continue reading →

Jeter, Bob Sheppard, and Funeral Ethics

/ Jack Marshall / 4 Comments

Bob Sheppard, the “Voice of God” who announced batters in games at Yankee Stadium from Joe DiMaggio to Mark Teixeira, died this month at the age of 99. Yankee shortstop Derek Jeter announced that henceforth he would be introduced by a tape recording of Sheppard’s distinctively cultured tones, and the tributes from former players and current team members were generous and loving.

But when Sheppard was finally laid to rest over the All Star Game break, no Yankee player, past or present, took the time to attend his funeral. The team itself sent appropriate representation, and General Manager Brian Cashman spoke. Still, some journalists, bloggers and New York sportswriters found fault with the complete absence of the Yankee players, considering Sheppard’s iconic stature and their stated admiration of the man. The Daily News’ Bill Madden called it a blatant lack of class.

Perhaps. I’d call it coldness and insincerity. Continue reading →

The Washington Post: Embarrassed into Covering the News

/ Jack Marshall / 4 Comments

Washington Post ombudsman Andrew Alexander wonders why it took his paper so long to cover a story with obvious importance and disturbing implications: the seeming race-based decision of the Obama Justice Department to avoid pursuing a voter intimidation case against the New Black Panthers, even though a YouTube video showed persuasive evidence that an offense was real and substantial. Ethics Alarms, for example, wrote about the story more than two weeks ago.

Alexander is to be saluted for raising, though his conclusion is unsatisfying and more than a little weaselly. Continue reading →

Obama’s Unethical Gift to the Trial Lawyers

/ Jack Marshall / 10 Comments

After January 1, 2011, when you begin to process all the new taxes coming your way and all the deductions you can no longer take, think about this:

The nation’s largest trial lawyer trade group, the American Association for Justice, has announced it was informed by Obama Administration officials that the U.S. Department of Treasury will give its members (and all tort lawyers) a tax break on contingency fee lawsuits. The new provision is expected to mirror proposed legislation by Sen. Arlen Specter, himself a lawyer, that was previously rejected by Congress last year. That bill would have allowed attorneys to deduct up-front costs in contingency fee lawsuits. Continue reading →