Business & Commercial

The Arizona Statute Injunction Ethics Verdict: Judge—Right; Arizona—Right; Federal Government—Unethical

/ Jack Marshall / 8 Comments

I was waiting at a long line in a local CVS, with no clerk in sight. It was late at night; a couple of my fellow customers actually shouted for assistance. We had been there with no service for more than ten minutes, and not a single employee was in evidence. Finally, I stepped out of line—past a police officer, who was also waiting, grabbed the microphone on the counter, turned it on, and announced in stentorian tones: “There is a long line at the check-out counter! Will a CVS employee please report to the front of the store? Thank you!”

The line of people applauded. The police officer smiled and gave me a thumbs up. The clerk, full of apologies, arrived and began taking our money.

Did I have a legal right to use the microphone? No, I did not. But I still did the right thing, and I would do it again.

This is, I believe, the proper way to think about the federal judge’s decision today to block the key provisions in the Arizona anti-illegal immigration law until further examination by the courts. Continue reading →

Lincoln Chafee’s Unethical Attack on Curt Schilling

/ Jack Marshall / 2 Comments

Former G.O.P. Senator Lincoln Chafee, now running for Governor of Rhode Island as an Independent, did a despicable thing yesterday, and almost certainly has no idea why it was so wrong.

During a radio interview, Chafee criticized a deal state economic development officials approved with 38 Studios, a game development company owned by former Red Sox pitcher and World Series hero Curt Schilling. Chafee, who is not alone in his criticism of the loan, argued that too much taxpayer money is being entrusted to a company that has no proven track record. That’s a legitimate point. But to hammer home his point, Chafee decided to attack the character, career accomplishments, reputation and integrity of Schilling, a man he has never met…based on nothing at all. Continue reading →

Ethics Quiz: The Garage Sale Treasure

/ Jack Marshall / 10 Comments

CNN is reporting the story of a man who bought two small boxes at a garage sale ten years ago and just discovered that they contained 65 previously undiscovered glass negatives by famed nature photographer Ansel Adams. He purchased the boxes for $45 (haggled down from $75), and their contents are now assessed to be worth at least $200 million.

Such stories raise interesting ethical questions. For example, if you were the lucky stiff who bought the boxes, would you give any part of it to the original owner? Continue reading →

Obama, the Bomber, and the Dangers of Deceit

/ Jack Marshall / 4 Comments

I live in the Washington,D.C. area, and I often say that deceit is the official language here. Deceit is an artful form of lying in which literally truthful statements are made in a manner, tone and context designed to deceive others into believing something that is not true, by playing on their assumptions, hopes or trust. Like any other lie, it allows the liar to gain tangible benefits, but with less risk than with a normal lie.  If a deceitful statement is unmasked after an individual has relied on it, the originator of the deceit  can and often does blame the duped listener, who “misunderstood” or “jumped to conclusions.” That’s the special upside of deceit.

The downside of deceit is that it is the calling card of especially slippery people, the preferred device of the verbally adept and the unconscionably manipulative. Effective deceit takes work and talent; show me someone who can be deceitful easily, and I will show you someone whom neither of us should trust.

That is why this statement by President Obama from last week is so discouraging, and perhaps, a tipping point in his relationship to the American people: Continue reading →

“The Decision” and ESPN’s Ethics Fail: The Ombudsman Blows the Whistle

/ Jack Marshall / 3 Comments

ESPN’s special broadcast turning LaBron James’ choice (pompously called “The Decision”) regarding which N.B.A. he would allow to sign him for millions upon millions of dollars was a landmark in the demonstration of bad taste, ego, greed and arrogance by professional athletes . As the sports networks ombudsman, Don Ohlmeyer, points out in a column almost nobody will read (do you think many of ESPN’s followers are jazzed by issues of journalistic ethics?), it was also a low point in responsible journalism, and shattered  professional ethics standards left and right. ESPN let James’ representatives to choose its own paid interviewer and allowed control the content and ad sales in return for giving ESPN an “exclusive” and a ratings bonanza. The result was a journalistic ethics meltdown.

Some highlights of his criticism (you can read Ohlmeyer’s entire analysis here) : Continue reading →

Ethics Hero: Sheppard Smith

/ Jack Marshall / 3 Comments

I don’t know when the last time was that a news anchor slammed his own network for shoddy journalism, but Sheppard Smith did it, to Fox News, his employer, over its complicity in the Shirley Sherrod fiasco. The criticism is well deserved. Now if only Sheppard would start calling out his network regularly when they do similar things, we might have a reliable news source one of these days.

And then, maybe some anchors at CNN, ABC, CBS and NBC  (no, MSNBC is beyond hope) would start doing their own policing! Imagine! Self-policing by the news media! Soon reporters will be free of bias, and stories won’t be hyped or buried according the news room’s political preferences! And there will be the dawning of a great new day in responsible journalism, where truth, not spin or entertainment value or ratings, will be the only goal! And we’ll be able to trust what we hear and read!!

Naaa.

Still, Sheppard Smith did the right thing. Good for him.

Rebuttal on the Trial Lawyer Deduction

/ Jack Marshall / 5 Comments

Following the argument of reader Bob Stone, a trial lawyer blog makes a strong pitch that the Obama deduction for his up-front expenses—criticized in Ethics Alarms—in contingency fee cases is reasonable and fair, because other small businesses can deduct similar expenses. Continue reading →

Unethical Quote of the Week

/ Jack Marshall / 2 Comments

“I hate to open this can of worms but is there any reason why the FCC couldn’t simply pull their broadcasting permit once it expires?”

—Jonathan Zasloff, a law professor at UCLA, suggesting on the mailing list “Journolist” that the federal government take Fox News off the air.

How is this unethical? Let me count the ways: Continue reading →

The Ethics of Legalized Gambling: A Debate

/ Jack Marshall / 11 Comments

Over at “The Economist” website, two articulate and well-qualified opponents are debating the wisdom of state sanctioned gambling. The debate will be “settled” by a vote of the site’s readers.

The two advocates cover the topic thoroughly and well, and I will  link to the debate rather than attempt to supplement it in detail, except to say this: 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 →