Business & Commercial

Ethics Dunce: Broward (Florida) Circuit Judge Barbara McCarthy

/ Jack Marshall / 19 Comments

Come on! How can you put a guy like this in jail?

Many Americans don’t comprehend the meaning of “justice.”  It is unfortunate that some of these Americans are  judges.

Ryan LeVin, 36, is a drunk, a drug abuser, a playboy, a scofflaw and a killer. He killed Craig Elford, 39, and Kenneth Watkinson, 48, as they were walking to their beachside hotel in 2009. LeVin was driving recklessly in his $120,000 Porsche 911 Turbo, ran them down, and  fled the scene. That was only the latest of his offenses: LeVin was already on probation in Illinois for crashing into a Chicago police officer and instigating a high-speed chase. He has more than 50 traffic violations. What really matters, however, is that Ryan LeVin is rich.

Because he is rich, when LeVin offered enough money to the widows of the two men he killed in his act of vehicular homicide, a Florida judge agreed to let him off with two years of house arrest rather than the 45 years in prison that you or I would serve for a similar crime. Continue reading →

Today’s Ethics Quiz: How Do You React To Congressional Insider Trading?

/ Jack Marshall / 13 Comments

 

Gekko for Congress. He has what It takes...Insider trading experience!

An  study in the journal Business and Politics last week reported that the investments of members of the House of Representatives outperformed those of the average investor by 55 basis points per month, or 6 percent annually. It concluded that lawmakers are taking advantage of inside information to make significant profits, engaging in conduct that would send a Gordon Gekko or Martha Stewart to jail.

“We find strong evidence that members of the House have some type of non-public information which they use for personal gain,” the four researchers who authored  “Abnormal Returns From the Common Stock Investments of Members of the U.S. House of Representatives” wrote. Continue reading →

Comment of the Day: “Murder House Ethics and the Validity of Feelings”

/ Jack Marshall / 1 Comment

"Oh THAT! You would have cared about THAT?"

Tgt, the ghosts of whose earlier argument in series of comments haunted me prompted a revisit to the issue of murder houses and a seller’s obligation to reveal their history to potential buyers, came back with this Comment of the Day, thought-provoking, as usual:

“…I still want to know the line that determines what ethically does and does not need to be disclosed. It was never settled. This post generally boils down to another emotional appeal that something should be done in some cases. I want to know which cases and why those. Otherwise, my argument holds fast. I don’t see multiple murders (the latest clearly having nothing to do with the earlier ones) as being any more relevant than one murder.

“I also believe Jack misrepresented my position on emotion in general. Us rational humanists still mourn our dead, though we try to celebrate their lives more than anything else. While humans are not special in the concept of the Universe, we understand that we are special to ourselves and in our relations with other people. Humanism is about celebrating human life and relationships.

“As for death specifically, I see no need of a grave or burial rites. A dead body is just decomposing flesh. It does not need to be prayed for and cleansed. The person though, the lasting effects they have had on others, the memories of them – these are all important. I cried when a somewhat distant high school friend died in a freak accident at 17. I sent his family flowers on the anniversary of his death for the next 2 years. Why? Because it let his family know that he wasn’t forgotten, that he made an impact on other lives. It let them knew that people cared… people they only knew by name. I cherish the cards they sent in response. Continue reading →

Murder House Ethics and the Validity of Feelings

/ Jack Marshall / 16 Comments

We last visited the issue of the ethical selling of murder houses in February, when  the Jon Benet Ramsey house went on sale. I opined that even though Colorado doesn’t have a legal requirement that a seller must reveal the history of the house as long as it has no structural implications, there is an ethical obligation to let prospective buyers know about house-related events that might cause them to reconsider their decision to buy it:

“The truth is still this: there is something about the $2,300,000 house that makes it undesirable to a lot of prospects, and that means that even if the law doesn’t require the seller to tell interested house-hunters the story of the little dead girl in the basement, fairness and the Golden Rule do.”

The debate over this issue was unexpectedly intense. Ethics Alarms’ resident rational humanist “tgt” objected strenuously, writing,

“I don’t see how you can avoid the slippery slope question. Your basis is 50% of the population having a desire. Is that the cutoff? I think over 50% of people would prefer to live in a house where there hasn’t been child abuse. Go back a few years, and I bet a significant portion of the population would prefer to live in a house that had never had black occupants. Back in today’s world, more than 50% of the population doesn’t want to live in a haunted house. If a previous tenant thought the house was haunted, does the complete nonexistence of ghosts make not mentioning this a material representation? If an event is uncommon, does a realtor need to take a poll before deciding what is material and what isn’t?”

Karl Penny, however, bolstered my position:

“…the question is, does the realtor have an ethical obligation to fully reveal the history of this house. Well, the funny thing about behaving ethically is, it often requires us to act in ways that are not in our own immediate best interest… this may give a potential buyer a leverage point to negotiate a lower price for the house, to the detriment of the realtor, who could end up taking a lower commission as a result. No surprise, then, that the realtor would love to find a reason not to opt for full disclosure. But, if that realtor successfully conceals the house’s history from an actual buyer, one who would not have bought had they known otherwise? The realtor had a simple, human duty to disclose, even if it cost him money (and, yes, even if it cost me money, were I the realtor)….Jack’s right: this is Golden Rule time. If I am willing to treat with someone else in a way that I would not want anyone to treat with me, is that logically consistent (much less ethically consistent)? And would any of us want to live in the resulting society should everyone behave in that fashion?”

Now another house with a Hitchcock-worthy past is on the market: 9337 Columbia Boulevard in Silver Spring, Maryland, a state that also doesn’t require its realtors to disclose when a house has been the scene of a murder…or, in this case, three murders in the last decade. Continue reading →

No Excuses and No Mercy For Lance Armstrong

/ Jack Marshall / 9 Comments

Sorry, Lance…good guys don’t cheat.

Back when Barry Bonds was still playing baseball, a sportswriter mused about why it was that everyone assumed  Bonds was a performance-enhancing drug cheater despite his protestations to the contrary, while most Americans and sports journalists brushed away similar allegations regarding Lance Armstrong. Both competed in sports with acknowledged steroid abuse problems; indeed, the problem in bicycle racing was presumed to be more pervasive than in baseball. (A few years later, with the banning of multiple Tour winners, the presumption became a certainty.) Both athletes had improbable late career improvements in their performance to reach previously unimaginable dominance in their respective sports. Both had to explain or deflect multiple credible accusations of cheating and circumstantial evidence that suggested that they were doping. Both claimed they had never failed drug tests, and there were good reasons to doubt the denials.

So why was Bonds a villain by consensus and Lance an untouchable hero? The sportswriter explored many theories (Apologies: I cannot locate the article. If someone can, please send it), among them the greater popularity of baseball over cycling, Bond’s startling physical transformation into a behemoth while Armstrong remained cyclist-sinewy,  Armstrong’s inspiring story as a cancer survivor, Armstrong’s philanthropic work,and the fact that Bonds, unlike Armstrong, was black. The biggest difference, however, and to the writer the key one, was that Armstrong acted the role of a hero, while Bonds refused to. Armstrong was friendly and accommodating, while Bonds was angry, intimidating and antagonistic. Armstrong seemed like someone who played by the rules, and who lived his ethical values. Bonds seemed like a rebel, one who wouldn’t hesitate to break the rules for his own benefit. In short, the public wanted Armstrong to be the hero he seemed to be, so they ignored the evidence linking him to performance-enhancing drugs.

After last Sunday, the disparate public perception of Bonds and Armstrong, always illogical, became unsustainable. Continue reading →

Unethical Website of the Month: Cromwell and Goodwin

/ Jack Marshall / 13 Comments

These lawyers do not exist.

Cromwell and Goodwin’s new website is a mystery. Nobody knows why it exists, or who created it. It appears to be the website of a law firm, if a somewhat language-challenged one. The problem: the law firm doesn’t exist. Its history is imaginary. Its partners do not exist. Its headquarters in New York at 221 E 18th St # 1 New York, NY 10003-3620 are vacant.

The firm, or whatever it is, claims to be 30 years old but only got around to launching  a website on March 19 of this year. A press release on a free publicity distribution service called PRLog.org about Cromwell & Goodwin’s involvement in an upcoming conference  regarding telecommunications consolidation projects in emerging markets also surfaced, for no discernible reason. The release referred to Joachim Fleury, a London-based Clifford Chance  partner, as “Global Head of Cromwell & Goodwin.”  Yet neither Clifford Chance, one of the largest law firms in the world, nor Fleury, who is real, knew anything about Cromwell & Goodwin when they were queried by reporters. Continue reading →

A Faint Cheer For MSNBC, and A Search for Civility Standards

/ Jack Marshall / 50 Comments

MSNBC class act Ed Schultz

When I learned that MSNBC’s human hate-machine Ed Schultz had called conservative radio talk-show host Laura Ingraham a “right wing slut” on his syndicated radio show, I wondered if the cable network would take any action. It did, suspending Schultz for one week while issuing a statement that “Remarks of this nature are unacceptable and will not be tolerated.”  It’s good that MSNBC has some standards of discourse, however low, though having some one like Schultz on the air dispensing his crude, angry, frequently mistaken and dishonest rants is pretty intolerable as it is. But what does it mean by “of this nature”?

MSNBC’s action does distinguish it from HBO, which took no action at all against Bill Maher when he called Sarah Palin a “dumb twat.” What are we to take from this disparate treatment? That at HBO “dumb twat” is acceptable and will be tolerated?  Apparently so. Is the difference because HBO is a premium channel, and MSNBC is not? That’s a strange definition of “premium”: “HBO, where political commentators can call women twats!” Would “slut” have gotten Maher in trouble? Should Ed have called Ingraham a “twat” instead? Continue reading →

Is Corporate Philanthropy Unethical? No, But It’s Important to Ask the Question

/ Jack Marshall / 9 Comments

I gather not very many readers sample the links on Ethics Alarms, which is a shame. They contain a lot of different approaches to ethical issues, from many philosophical approaches. Well, heck…I use them , which is really what they are here for. One of the more original thinkers represented among the various sites is Jason Christopher Cockrell, author of The Worst-Case Scenario. It appears that he has abandoned blogging, which is a shame, but his last post, at the end of 2010, was full of surprises. In it, he offered an argument against corporate charity, something I have never heard anyone criticize on any level, except to say that there isn’t enough of it.

The theory behind corporate philanthropy is that it is a win-win for everyone involved. The corporation enhances its public reputation and visibility, improving employee moral and making investors proud to hold stock. Society benefits from substantial contributions that support everything from cancer research to Sesame Street to regional theater. It is hard to imagine what the charitable landscape would look like without corporate philanthropy, but the thought of eliminating it is sufficient to give any professional fundraiser hives. I know—both I and my wife were development officers for many years. Continue reading →

Oxymoron Alert: “Ethical Cheating”

/ Jack Marshall / 25 Comments

What will they think of next?

From Arthur M. Harkins, Associate Professor based in the Department of Organizational Leadership, Policy, and Development, University of Minnesota, and George Kubik, comes a scholarly paper that will have students cheering. Here is the abstract…you can buy the paper here.  Personally, I can tell where this is going, and I can think of more productive ways to spend my money.

Here is the abstract…a good workout for those of you who like to spot euphemisms, buzz words, and looming rationalizations:

Title:    “Ethical” cheating in formal education Continue reading →

Herman Cain Flunks The Presidential Candidate Competency Test

/ Jack Marshall / 15 Comments

Herman Cain's Consitution

The legal ethics standards do not require that a lawyer be fully knowledgeable and competent to handle a particular representation when he or she accepts the assignment, but does require that the lawyer be sufficiently up-to-speed in the legal area at issue when the work commences. That standard is reasonable for the law,  but the American public should expect more when an individual has the audacity to pronounce himself fit to be President of the United States. One area I would hope a candidate wouldn’t need to bone up on after the fact: the nation’s founding documents.

Former pizza CEO and conservative radio host Herman Cain officially entered the contest for the GOP nomination over the weekend with this statement, following his exhortation to America’s public to read the Constitution:

“Keep reading! Don’t stop at life, liberty and pursuit of happiness.”

Meet me at the bridge; I’ll be jumping at noon. Continue reading →