Business & Commercial

Donald Sterling’s Beard

/ Jack Marshall / 3 Comments
So THAT'S what was going on!

So THAT’S what was going on!

If the law suit just filed by Donald Sterling’s traitorous bimbo V. Stiviano is based on fact, the world of sports, media and political correctness may be getting a much deserved comeuppance. I really, really hope this comes to pass. Maybe everyone will learn something about not stealing private words and thoughts, and using them to wreck lives and reputations.

But probably not.

It was V.who famously taped the then owner of the Los Angeles Clippers, in his own bedroom earlier this year, making his remarks about not wanting his mixed-race girlfriend to bring blacks to his team’s games. Those comments were leaked, and launched an orgy of political correctness, as the NBA, its players and every pundit who could get to a camera, microphone or keyboard into rants about how disgusting and vile Donald Sterling was. The NBA fined him two million dollars and took his team away, while he was branded as the face of Ugly American Racism 2014, at least until Darren Wilson became an “executioner.” Based on what Stiviano’s lawsuit states, however, in support of her claiming defamation at the hands of Sterling’s estranged wife, what Sterling said on the tape might not  mean what everyone assumed it did, and perhaps wasn’t racist at all. Continue reading →

Comment of the Day and Ferguson Thread Highlight: Chris Marschner On The Elusive Equal Treatment Problem

/ Jack Marshall / 4 Comments
Doesn't seem right, somehow...

Doesn’t seem right, somehow…

At least one good thing has out of the Ferguson Ethics Train Wreck, anyway: several unusually intense, frank and thought-provoking threads about race, “privilege” and poverty led by Ethics Alarms All-Stars Chris Marschner, deery, and urbanregor, with trenchant contributions by others as well. The most vigorous thread emerged here, in response to Marschner’s Comment of the Day on this post, on the unfolding Ferguson situation.

I could have chosen any number of comments to highlight by a separate post, but decided on this one, by Chris. First of all, it is remarkably thoughtful. Second, it transcends Ferguson and addresses the larger, related issues of poverty and perceived inequality of opportunity in the U.S. Third, it constitutes a first: a Comment of the Day, by the author of a Comment of the Day, commenting on his own piece. Guinness has been notified.

Here is Chris Marschner’s Comment of the Day on his previous post, Comment of the Day: “Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express”: Continue reading →

The Protest Ethics Check List And The Ferguson Demonstrations

/ Jack Marshall / 55 Comments

APTOPIX Police Shooting Missouri

Protests are an American tradition, with protective rights enshrined in the Constitution, and a distinguished legacy that includes the Boston Tea Party and Martin Luther King’s civil rights marches and rallies. They are also perhaps the most misused and abused device in national politics. Most of them are useless, many of them are stupid, and too many of them do tangible harm.

The Obama Administration’s crisis of the hour is the Ethics Trainwreck in Ferguson, Missouri, where a perfect storm arose when an an inept, distrusted and untrustworthy police force and a poor and frustrated African-American population clashed over the Rashomon shooting of an unarmed black teen. Now there are demonstrations every day in Ferguson; several people have been killed, and the demonstrations have spawned rioting and looting.

What is the purpose of all of this? It better be a good one, given its cost, and the protesters better be right. The problem is that the protesters can’t possibly be right at this point, because the facts aren’t known. We are told that the reason for the demonstrations is larger than mere anger over the shooting of Michael Brown; that it’s about police harassment, abuse and violence against African-Americans and their lack of accountability for it. That would only be a sustainable justification if in fact the death of Brown was an unequivocal, clear-cut example of the phenomenon being protested. It is not, not yet, and it may never be. So again the question has to be asked: is it ethical to be protesting in Ferguson at all? Continue reading →

Unethical App of the Year: BuyPartisan

/ Jack Marshall / 44 Comments
The un-American app at work. Just what we need...more help at being divided.

The un-American app at work. Just what we need…more help at being divided.

One thing we can be sure of in our capitalistic, entrepreneurial culture: if there’s toxic conduct that somebody can make a buck out of facilitating, someone will.

BuyPartisan is a new smartphone app and the inspiration of app developer Spend Consciously. It allows users to receive an instant ideological score on every product, designating the manufacturer or service provider as virtuous or evil, or, as this sick, hyper-partisan, hyper-polarized, disintegrating culture would have it, Republican or Democratic, conservative or liberal.  After the self-righteous, hating-the-other-side-of-the-political-spectrum user scans the bar code on products with his or her phone camera, BuyPartisan (Get it???) accesses campaign finance data and analyzes contributions from the company’s board of directors, CEO, employees and PACs. This allows the happy, political aparthied-loving app user to stick it to any company that doesn’t comport with the user’s narrow, but absolutely right beyond question, view of the world.

Yecch. I want an app that tells me who uses this app, so I can avoid them whenever possible. Continue reading →

Ethics Quiz: The Macaque’s Selfie

/ Jack Marshall / 16 Comments

Macaque

The wonderful photo above has gone viral on the web, and is also causing serious debate among intellectual property lawyers. The weird tale is as follows:

Wildlife photographer David Slater was visiting a national park in North Sulawesi to photograph the wildlife. His subject was a group of crested black macaques, and when he left his camera unattended, the primates took advantage of the opportunity. Apparently attracted by the reflection and the noise the camera made when activated (the implications of the macaques doing this because they were interested in photography are too disturbing to contemplate, so I won’t),  one macaque took hundreds of photos of itself. Most were blurry and out of focus, just like the pictures my dad took, but a few were superb selfies that would have Ellen DeGeneres eating her heart out.

Wikimedia took the clear images off of Slater’s website, adding them to its collection of royalty-free graphic, and sending them all over the web as a result.  Slater now demands that the images be taken down or that he be paid for them. While Wikimedia argues that either the monkey owns the copyright for the photos or nobody does, the photographer claims that being the owner of the camera, and the artist who created the circumstances under which the macaque was inspired to release his inner Richard Avedon, he alone is the owner of the photographs.

As you might expect, copyright law is unclear on the issue of lower primate selfies, an art form that was not anticipated as the law evolved. I don’t care about that: today’s Ethics Alarms Ethics Quiz is about fairness:

Should Slater have full ownership of the macaque’s creations?

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 →

Ethics Dunce: Chris Blasko (Whoever He Is)

/ Jack Marshall / 42 Comments
Chris's photo goes in the lower right...

Chris’s photo goes in the lower right…

A Chris Blasko proudly posts the following on Google Plus:

Today is a good day. I just had a call from a telemarketer. Did I yell and scream at them, you ask? Certainly not. Like a good IT administrator I put my skills to use for their benefit. Here’s how the conversation went:

Computer: “Press 9 to not be contacted in the future. Press 4 to speak to someone about your mortgage issues”
<presses 4>
TM: “Hello, are you having problems paying your mortgage?”
Me: “Hi, this is the IT department. We intercepted your call as we detected a problem with you phone and need to fix it.”
TM: “Oh… ok, well what do we need to do?”
Me: “We’re going to need to fix the settings by pressing 4-6-8 and * at the same time”
TM: “Ok, nothing happened.”
<alright, so he’s not using a Polycom>
Me: “Are you using the new Polycom phones that we deployed?”
TM: “No, it’s a Yealink”
Me: “Ok, I see. You haven’t had the new Polycom phone deployed to your desk yet. Let me check our technical documentations for the Yealink.”
<did a quick Google search, “yealink phone factory reset”>
Me: “Alright, do you see an “OK” button on your phone?”
TM: “Yes I do”
Me: “Alright, you’re going to press and hold that button for 10 seconds.”
TM: “OK, pressing it now”
Me: “Perfect, let me know if you get a password request”
TM: “OK, nothing has popped up ye-—“
<click>

That’s right. I made a telemarketer unwittingly factory reset his phone which means he will be unable to make anymore calls until someone is able to reconfigure his phone and that will take at least an hour or longer if they can’t do it right away!

I’m sure all of Chris’s fans think this is just the coolest thing in the world, but it’s really not. It’s just gratuitously mean. His victim’s employer is actually pretty ethical, since Chris could have pushed 9 to end the call and not be bothered in the future. Instead, he decided to make life miserable for some poor minimum wage earner in one of the most boring jobs on earth, who is probably trying to eke out a living and support his family during tough economic times. Continue reading →

The O’Bannon Case: A Judge Explains How The Law Requires An Unethical and Corrupt Practice To Be Fair….But It’s Still Unethical and Corrupt

/ Jack Marshall / 13 Comments

NCAA-ban

Now that a federal judge has declared the elite student-athletes at big time sports colleges to be what they are…paid mercenaries…and the sports programs at such institutions to be what we always knew they were…cynical sideshows that sacrificed education to greed…will the pubic, the media, educators, and universities now stop this slow-moving ethics train wreck?

Of course not.  If they cared about how high-profile college sports were warping both America’s education and its values, they would have addressed the problem decades ago. They would have stopped it before, for example, schools started paying football and basketball coaches more than any professor. They would have stopped it before prestigious schools gave degrees to graduates whose entire education was a sham, who took ridiculously easy courses and who were held to infantile academic standards, all so rich, fat alumni would continue writing checks. They would have stopped it before a revered football coach held such power in a university that he was able to persuade the school’s leadership to allow a child sexual predator operate on campus.

U.S. District Judge Claudia Wilken, in a 99-page ruling agreeing with the claim of a group of plaintiffs fronted by former UCLA basketball player Ed O’Bannon, issued an injunction against the NCAA from “enforcing any rules or bylaws that would prohibit its member schools and conferences from offering their FBS football or Division I basketball recruits a limited share of the revenues generated from the use of their names, images, and likenesses in addition to a full grant-in-aid.”

The ruling will be appealed, and some of its legal conclusions certainly seem debatable. That is not my concern. The opinion effectively kills the fiction that the semi-literate youths who perform on-the-field heroics to burnish the images of universities and attract huge broadcast fees are what the NCAA, alumni, students , the schools and the media pretend that they are. Now that we know they are not truly students, what persuasive ethical justifications can be given for them to play college sports at all?

My answer?

None. Continue reading →

Tony Stewart, the Suspicious Death of Kevin Ward Jr and NASCAR’s Bizarro World Ethics

/ Jack Marshall / 45 Comments
If a real Columbo was on his case, Tony Stewart might be in trouble.

If a real Columbo was on his case, Tony Stewart might be in trouble.

The word “ethics” and NASCAR should never be uttered in the same sentence without irony. After all, the sport arose out of the exploits of outlaw bootleggers. The current billion dollar sport’s culture regards cheating as “breaking rules and getting caught doing it.” The fact that the team manager of one of the sport’s biggest stars would see no reason for his meal-ticket not to compete today just because he was being investigated for what might have been a mid-race homicide yesterday shouldn’t shock anyone.

In case you missed it Saturday (I did, having a visceral aversion to NASCAR stronger than my dislike of nightcrawlers), NASCAR superstar Tony Stewart drove his car into twenty-year-old driver Kevin Ward Jr., killing him, during a dirt-track race at Canandaigua Motorsports Park  in upstate New York. Ward’s car and Stewart’s car had swiped each other during the race, disabling Ward’s vehicle. Ward left his car and was walking on a track with the caution flag out, waving his arms and pointing at Stewart. One car swerved to avoid Ward, but Stewart’s hit him, injuring him fatally. Until the media and public began to register its objections, Stewart was preparing to race today as if nothing had happened. As recently as this morning, Stewart team manager Greg Zipadelli called it “business as usual.”

It’s business as usual in a culture where a participant who just killed someone in public under suspicious circumstances sees no reason to show, or even fake, any remorse or contrition whatsoever. Here’s the latest entry on Tony Stewart’s website, at least as I write this:

“Thanks to everyone who participated in this week’s edition of “Tony Trivia.” This week’s answer: There’s no track on the circuit where Tony Stewart is more dominant than at Watkins Glen International.”

[UPDATE: At 1:pm Sunday, Stewart finally posted the statement about the accident that is now up on the site. Note that he says nothing about his part in the accident at all. It could be about any NASCAR accident, anywhere.]

Call me a silly sentimentalist, but if I ran down another racer and killed him, I would make certain that a public statement expressing sorrow and regret at the incident would be up on my “official website” before the first ESPN headline was written about the incident. Meanwhile, why would NASCAR allow a racer to compete after an incident like this? Oh, that’s right: because the only ethics in NASCAR involve making money, protecting its stars, winning races, and keeping the fans entertained. After all, having Stewart race today would be a great story. Will he kill again? Will any driver have the guts to point at him this time?

Yes, it’s Bizarro World ethics again, another culture with inverted values like the fictional cube planet in Superman comics, where idiotic clones of Superman and Lois Lane think, live and speak illogically. Continue reading →

Unethical Website of the Month: Kio’s Asian Stir, Newport, Rhode Island

/ Jack Marshall / 5 Comments

kios-asian-stir-I hate to pick on a small Chinese restaurant, but this kind of casual incompetence in an electronic age is ridiculous. Besides, I’m tired, hungry, and not in the mood to be tolerant.

I’m in Newport, you see, where I have  presented three-hour legal ethics seminars to two large and responsive groups of lawyers, courtesy of AON and the Rhode Island bar. My wife was kind enough to accompany me, and thus instead of returning from a seminar to a lonely hotel room and endless hours surfing cable TV, I am actually enjoying my surroundings for a change, driving around, checking out galleries, walking along the shore. The only persistent problem is meals. By the time I finish the seminar, talk with participants, get back to our bed-and-breakfast in scenic Newport and walk Rugby (he’s here too), it’s invariably 2:30 0r later; by the time we drive to Iggy’s or Flo’s (double yum) for clams, it’s 4:00, meaning that dinner is up against the hard, generally 9 PM deadline most kitchens observe around here, and the fact that I’m as fried as the clams we ate and barely able to move. This makes carry-out mandatory, but time is tight.

By this time we’re sick of pizza and sandwiches, so after perusing the options, and there goes another 20 minutes, we arrive at the perfect solution: the well-regarded Asian restaurant Kio’s, which is close by (everything is close-by; this is Rhode Island), delivers, and, it announces on it’s website, I can order on-line! See…

We are adding Online service to Kio’s Chinese Cuisine in Newport, RI. You can now online order your favorite chinese dishes such as Chicken Chow Mein, Shrimp with Cashew Nuts and Sauteed Mixed Vegetables. Order online is easy and fun. We provide fast Delivery too (minimum order $10). Order Now!

For the special experience of ordering online at Kio’s, try the link. There’s the tantalizing menu, but oddly, clicking on the various options accomplishes nothing. You will search in vain for a form or anything else that suggests “on-line order,” much less “easy and fun” on-line order. Continue reading →