Arts & Entertainment

“The Ethicist” vs. Citizenship

/ Jack Marshall / 2 Comments

Anyone who reads Randy Cohen’s New York Times Magazine column “The Ethicist” quickly discovers that one of Cohen’s biases is an intense distrust of law enforcement that would be right at home in the Berkeley campus of 1967. The problem with this attitude for an ethicist is that citizenship is a core ethical value, and assisting and cooperating with law enforcement efforts are among the duties of a citizen to society. Thus the Ethicist’s advice tends to become unethical when a correspondent asks about matters involving the police. This week’s column contained a prime example.

A restaurant owner discovered that an employee was stealing from the establishment, and confronted him. The thief offered to pay back what he had stolen, and was fired. The owner asked Cohen if he should report the crime to the police; some of his friends had argues that “losing his job was punishment enough” for the light-fingered ex-worker. Can you guess Randy’s answer? I swear: I composed it in my head before I checked. I was right on the money. Continue reading →

Provocative Ethics Reading for a Sunday

/ Jack Marshall / 3 Comments

If your endangered Sunday newspaper is as shrunken from cost-cutting as mine, you may need some extra reading material as you wait breathless for the results of the House vote on health care reform. Here are some provocative ethics pieces from around the web:

ACORN, the Saint’s Excuse, and the Ruddigore Fallacy

/ Jack Marshall / 3 Comments

Today’s New York Times discusses the impending end of ACORN, brought down by bad publicity, loose oversight, sloppy governance, and a little matter of the cover-up of a million dollar embezzlement. It would be helpful to other non-profit organizations that do needed good works to learn the proper lessons from ACORN’s fate, but the reaction of some supporters don’t advance that cause. Bertha Lewis, Acorn’s chief executive, has blamed “relentless, well-funded right-wing attacks” for ACORN’s demise, painting the organization as a victim rather than its own assassin. ACORN’s leader’s thought that the usual standards of good governance, diligence, and competence didn’t apply to it, because the group’s mission was virtuous and its accomplishments great. Continue reading →

So Much For “Don’t Be Evil”: YouTube and Google Ethics on Display

/ Jack Marshall / 3 Comments

The Business Insider has posted evidence gathered by Viacom in its lawsuit against Google, consisting primarily  of e-mails and instant messages. It is far from conclusive on the legal issues, which revolve around YouTube and Google’s unauthorized use of copyrighted material. It is very conclusive, however, regarding how often any ethics alarms went off with various Google and YouTube executives as they contemplated bottom line issues: rarely.

Here is a startling example.  In a 2005 e-mail exchange YouTube co-founder Steve Chen reasoned thusly: Continue reading →

Remember Davy Crockett (and thank you, Fess Parker!)

/ Jack Marshall / 4 Comments

If you don’t remember Fess Parker, who died this week as an 85-year-old winery owner, you missed the Fifties. Parker played Davy Crockett in Walt Disney’s TV miniseries about the lively Tennessee frontiersman, and did it with such sincerity and style that he not only turned coonskin caps into a national craze, he also rescued Davy Crockett from creeping obscurity. Continue reading →

More “The Good Wife” Ethics

/ Jack Marshall / 7 Comments

The CBS legal drama “The Good Wife” has a good cast, well-scripted stories, and apparently a preference for misleading the American public on attorney ethics. Here’s the setting for its most recent set of gaffes: attorney Alicia Florrick (Julianna Margulies) and her supervising partner are battling an evil insurance company (you didn’t really think Hollywood would stay on the health care reform sidelines, did you? With a big vote coming up? ) that refuses to pay for in utero fetal surgery necessary to save an unborn baby from certain death. The insurance company’s attorney has a strong case, but offers a deal: it will pay for the surgery if Florrick’s firm will drop a class action lawsuit against the company. The partner, Will Gardner, refuses the offer: many other desperate members of the class need to make the insurance company pay for treatment, and besides, the law firm, which is in dire financial straits, needs the income that the class action might generate.

There are three things ethically wrong here: Continue reading →

Self-Destruction Ethics Alarms: A Woman’s Unethical Quest For Fat

/ Jack Marshall / 3 Comments

Yesterday, the world heard about Donna Simpson, a New Jersey woman who weighs in at about 500 pounds. She sasy she wants to be the fattest woman alive, and is managing her diet and exercise to achieve that lofty goal. Of course, all those Twinkies and pork rinds cost a lot of money—her weekly grocery bill averages more than $800—so she earns extra cash by putting herself on Gluttoncam, or whatever she calls it, where freakophiles can watch her gorge herself online for a reasonable fee. Her partner, the news reports say, is completely supportive. “I think he’d like it if I was bigger,” giggles Donna. “He’s a real belly man and completely supports me.”

Okaaaaay….

Obviously this situation is unusual…at least, I hope it is. Still, it raises many difficult ethics questions, some with broad implications:

  • We are told that it is cruel, greedy and heartless for insurance companies to withhold coverage for “pre-existing conditions,” and should be compelled to insure everyone without regard to special risks. Does this apply to Donna Simpson? Continue reading →

Legal Advertising Ethics: The Public’s Not THAT Gullible, 2nd Circuit Rules

/ Jack Marshall / 2 Comments

The fact that lawyers are prohibited by their professional ethics standards from engaging in conduct that is misleading or dishonest has caused many state bars to hold the profession to restrictions on advertising that would ban most of the TV commercials we see every day for any other product or service. For example, lawyers cannot engage in self-praising hyperbole and say, for instance, that the Firm of Slash and Burn is “the best real estate law firm in Miami,” because the statement is not objectively true or cannot be proven to be accurate.

While many states have gradually surrendered in the battle to keep lawyer advertising unusually forthright and dignified (you can see what monstrosities this has wrought here) New York actually toughened its lawyer advertising rules a few years ago, decreeing.. Continue reading →

Why Professional Reviewers Are Unethical, and Why We’ll Be Better Off Without Them

/ Jack Marshall / 5 Comments

When Variety recently announced that it was firing its in-house film and drama critics, there was much tut-tutting and garment-rending over the impending demise of professional reviewing in magazines, newspapers and TV stations. The villain, the renders cry, lies, as in The Case of the Slowly Dying Newspapers, with the web, which allows any pajama-clad viewer of bootleg videos to write film reviews, and any blogger who cares about theater to write a review of a play. “I think it’s unfortunate that qualified reviewers are being replaced,” said one movie industry pundit, “but that’s what’s happening.”

I say, “Good. It’s about time.” (And also: “QUALIFIED?”) If there has ever been an excessively influential non-professional profession that caused as much damage as reviewing, I’m not sure I want to know about it. The end of full-time film and drama critics as we know them can only prove to be a boon for artists and audiences alike. Continue reading →

Nomar, Beantown, and the Legacy Obligation

/ Jack Marshall / 5 Comments

Organizations have histories, and that means they have debts to pay. Time moves on, and personnel changes, but the organization that neglects the human beings who played major roles in defining their image, goals, achievements and success has breached its integrity, and violated its Legacy Obligation.

For nearly eight seasons, shortstop Nomar Garciaparra was the face, heart, and soul of the Boston Red Sox. A spidery gymnast in the field who completed the Holy Trinity of Hall of Fame-bound shortstops—Jeter, A-Rod and “Nomah” —who lit up the American League in the mid-Nineties, Garciaparra was a home-grown fan idol. He did everything wonderfully and with panache; Ted Williams, the city’s reigning baseball god, pronounced him his official successor.

Then, suddenly, it all unraveled. Continue reading →