Business & Commercial

Nefredo v. Montgomery County: Ethical Treatment for Fortune-tellers

/ Jack Marshall / 19 Comments

Or should that be “ethical treatment for charlatans”?

In the case of Nefredo v. Montgomery County, the Maryland Court of Appeals ruled that it was an infringement of the Right of Free Speech for the Montgomery County, Md., to deny a business license to a fortune-teller on the basis of a County ordinance that declared charging a fee for fortune-telling services was a crime. The ordinance states:

“Every person who shall demand or accept any remuneration or gratuity for forecasting or foretelling or for
pretending to forecast or foretell the future by cards, palm reading or any other scheme, practice or device shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code; and in any warrant for a violation of the above provisions, it shall be sufficient to allege that the defendant forecast or foretold or pretended to forecast or foretell the future by a certain scheme, practice or device
without setting forth the particular scheme, practice or device employed…” Continue reading →

Ethics Audit: the Deep-Water Oil-Drilling Ban Saga

/ Jack Marshall / 9 Comments

President Obama’s ban on deep-water oil drilling in the wake of the Deepwater Horizon Gulf oil disaster pits important ethical values against each other: fairness vs. responsibility. On both sides of the equation is prudence. New Orleans federal judge Martin Feldman over-ruled the ban and issued an injunction against it, saying in effect that there was no contest: the ban isn’t fair, prudent, or responsible.

The Obama Administration’s ethical argument supporting the ban goes something like this: Continue reading →

The Perfect Wedding Reception

/ Jack Marshall / 1 Comment

Let’s see: was it dumb, unethical, or dumb and unethical?

Time.com’s food writer Josh Ozersky had several major chefs do the cooking to celebrate his May 23 wedding, and then wrote a column suggesting to readers that it was a better way to go than traditional catering.

Especially if all of them cook for free, and the  food as well as the venue are provided free of charge, because you happen to be a food writer for Time.com. But Ozersky left out that part.

Go figure. Continue reading →

Ethics Dunce: CNN

/ Jack Marshall / 7 Comments

Eliot Spitzer, disgraced New York Governor, law-breaking lawyer, spectacularly unfaithful husband and hypocrite for the ages, is just perfect, in CNN’s eyes, for trenchant and probing news commentary. He will be co-hosting a new talking head show on the network, partnered with conservative columnist Kathleen Parker, who as far as we know hasn’t operated any prostitution rings, not that it would matter to CNN.

Thus will the venerable cable news network adopt the strategy that has worked so well for Fox News and too many other media organizations: find infamous people who have thoroughly humiliated themselves and betrayed those who have trusted them—individuals who by all principles of justice and fairness deserve to be relegated to permanent obscurity until they have proven by hard work, good deeds and appropriate contrition, that they may again be worthy of trust—and give exposure, celebrity and employment to these anti-role models rather than to any of the large number of more deserving, talented, honest, reliable and admirable professionals who are available and capable. Continue reading →

The Center for Science in the Public Interest=Self-Righteous Bullies of the Month

/ Jack Marshall / 3 Comments

We will begin with a proposition: “Toys do not make children fat.”  Certainly eating too much makes children fat.  Eating exclusively high-caloric foods makes children fat. Failing to exercise and sitting around playing video games all day can make children fat. Over-indulgent or unassertive parents, who allow their children to develop and continue bad eating and exercise habits, can help children get fat. But toys will not make children fat. Even if the kids eat the toys, they won’t get fat.

Nonetheless, the Center for Science in the Public Interest is threatening to sue MacDonald’s if it doesn’t stop putting little toys in its “Happy Meals.” The “You’re Going To Eat Tofu and Like It!” consumer group has sent a letter to the fast-food company, long a convenient villain for those who want to control our basic right to eat what we want to, giving them due notice that either they take those “Shrek” promotional toys out of the “Happy Meals,” or  it’s “see you in court.” Continue reading →

What’s Wrong and Not Wrong About the BP CEO’s Yachting Weekend

/ Jack Marshall / 15 Comments

Tony Heyward. the beset and beleaguered BP CEO who has become the public face of the oil company blamed for the devastating Gulf oil leak, took the weekend off to attend a yacht race off the Isle of Wight. For this he is being pummeled with more criticism, from Rahm Emanuel to Sen. Richard Shelby to angry bloggers on the Left, Right, and Center. Is going to a yacht race really that wrong, in ethical terms? Does it breach any duties or obligations? Here is the score card on what’s right, or at least “not wrong” about his conduct, and what is worthy of legitimate criticism. Continue reading →

Vuvuzela Ethics

/ Jack Marshall / 7 Comments

Applied to an international soccer match, the argument that players, fans and broadcasters should be broad-minded and tolerant of the peculiar conduct of various national groups is a good one—up to a point. The point is reached when a custom begins ruining the game for everyone else. The vuvuzelas–those small plastic horns that produce an ear-splitting atonal drone like a horde of cicadas— go well beyond that point at the World Cup, and in any other sports setting are the equivalent of racist taunts, 400 pound naked men, on-field trespassers and giant fart machines. Continue reading →

The Senate Closes an Unethical Tax Loophole

/ Jack Marshall / 5 Comments

When a defendant corporation is hit with punitive damages in a jury verdict, that means that in addition to causing the plaintiff’s injuries or damages, the corporation also was guilty of wrongdoing. Punitive damages are large amounts of money that the losing defendant must pay over and above compensatory damages, in order to make it too expensive for the company to keep doing what caused the original problem. This is one of the virtues of the civil justice system. Thanks to punitive damages, a lawsuit by a single injured party can result in a sufficiently painful financial penalty that the corporation has a significant incentive to reform.

So why do the tax laws allow companies to use punitive damages as tax deductions, since it 1) lowers tax revenues and 2) makes the damages less expensive, less painful, and less of an incentive to correct unsafe, dangerous or dishonest practices? Continue reading →

The Incredibly Unethical BP Boycott

/ Jack Marshall / 22 Comments

Readers of Ethics Alarms know that I think boycotting is at best economic bullying, at worst a non-violent form of terrorism, and generally unethical except in cases so rare that they are difficult to imagine. The current BP boycott is close to the worst variety, blunt and destructive mob anger akin to the reaction of the excitable citizens of Homer Simpson’s Springfield, whose solution to every crisis seems to be a riot.

BP was outrageously and perhaps criminally negligent in creating the conditions that led to the Gulf oil spill, and it is right and just that the burden of accountability and responsibility has fallen on them. And it certainly has fallen on them: as much as every citizen of the United States may want to personally kick the company while it is prone, the fact is that the dire consequences of its misconduct are already overwhelming, both long and short-term. Right now, the Gulf states are still dependent on the diligence and expertise of the company to try to limit the damage it has caused, and the company is, if only for its own survival, doing the best it can to succeed. This fact alone would make a public boycott of BP at this time senseless and counter-productive.

The boycott is also unfair. Continue reading →

The Amazing, Versatile and Unethical Goldman Sachs Code of Ethics

/ Jack Marshall / 6 Comments

Perhaps we all owe Goldman Sachs an apology. Everyone heaped outrage and ridicule the April spectacle of its executives going before the U.S. Senate and asserting under oath that they saw nothing at all unethical about intentionally selling “crappy” investment products to their trusting customers, then making money for their own firm by betting that the products would fail. Many were reminded of the tobacco executives, in the famous AP photo, all raising their hands to swear that they did not believe nicotine was addictive. After all, Goldman Sachs’s own website pledged openness, honesty, trustworthiness and integrity, saying,

“A critical part of running the marathon is acting consistently and playing a fair and honest game. ‘There’s only one thing we sell, and that’s trust.’ This applies to anything, but nowhere more than Investment Management. Clients trust us to do the right thing, and particularly when you’re in investment management and you’re appointed to manage clients’ money, they trust that you’re going to do it in a prudent manner. The worst thing you could do is breach that trust. We look for people who want to run the marathon, and who understand that trust fuels it.”

Now it seems that we were lacking a crucial document: the firm’s internal Code of Ethics, which Goldman Sachs recently made public. Under the provisions of this remarkable Code, what Goldman Sachs did to its clients wasn’t unethical at all; deceptive, conflicted, and unfair, yes…but not unethical, in the sense that it didn’t violate the Ethics Code itself. “Impossible!” you say? Ah, you underestimate the firm’s cleverness. Continue reading →