Obama’s Unethical Gift to the Trial Lawyers

After January 1, 2011, when you begin to process all the new taxes coming your way and all the deductions you can no longer take, think about this:

The nation’s largest trial lawyer trade group, the American Association for Justice, has announced it was informed by Obama Administration officials that the U.S. Department of Treasury will give its members (and all tort lawyers) a tax break on contingency fee lawsuits. The new provision is expected to mirror proposed legislation by Sen. Arlen Specter, himself a lawyer, that was previously rejected by Congress last year. That bill would have allowed attorneys to deduct up-front costs in contingency fee lawsuits. Continue reading

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

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

Nursing Strike Ethics and the Coolidge Principle

“There is no right to strike against the public safety by anybody, anywhere, any time.”

Long before he was famous for his abrupt and verbally stingy one-liners, Calvin Coolidge’s best known quote was this one, and we forget it at our peril. The line probably made him President: its context was the Boston police force strike of 1919. Coolidge, then Governor of Massachusetts, sided against the strikers, who despite legitimate demands for better pay and working conditions, lost their jobs. The next generation of Boston police officers, mostly hired from the ranks of veterans of World War I, got the benefits the strikers sought.

Coolidge’s sentiment is still valid, though unpopular, as ever, with organized labor and public servant unions. It was the philosophical and historical basis for President Ronald Reagan’s firing of the striking air traffic controllers during his first term, despite stong public sympathy for their stand. Like the Boston Police in 1919, they also lost their jobs for ever.

12,000 nurses in Minnesota Nurses Association are eligible to vote today on a potential indefinite strike. Continue reading

Credential Deceit From Rand Paul

Rand Paul’s resume dishonesty is not in the same league with Richard Blumenthal claiming Vietnam service that wasn’t. It is closer in unethical heft to Illinois Republican Senate candidate Mark Kirk’s representation of a group military award as in individual one on his resume. Still, if candidates for national office show a penchant for dishonesty and deceit before they are elected, what can we expect later, when they have the keys to the candy store and genuine power? Continue reading

Armstrong, Bonds, Steroids, and Bias

Barry Bonds was forcibly retired from baseball despite general agreement that he could still hit a ball better than most active players. No team would hire him, because he had become the symbol of baseball’s steroid and performance-enhancing drugs scandal that casts a permanent shadow over the game’s image, statistics, integrity, and current stars. Bonds never has admitted to using P.E.D.’s, but the evidence that his remarkable late-career success was illicitly aided by banned substances is overwhelming, and indeed was overwhelming while he was playing. [I have written about the fairness of judging Bonds a cheater and the tortured rationalizations employed by his defenders here, here, and here.] At the same time, another individual who dominates his sport, cyclist Lance Armstrong, has managed to convince most of the media and his adoring public that accusations that he used steroids are false, even though the circumstantial evidence against him rivals what has condemned Bonds. This has always had the stench of a double standard; now, in the wake of new allegations by a former team mate, the only excuses for not giving Armstrong the Bonds treatment are unethical ones. Continue reading

San Jose State, Blood, and Misguided Ethical Absolutism

The Food and Drug Administration will not permit you to donate blood if you have engaged in certain high risk activities associated with a greater likelihood of contracting the HIV virus.  This includes same-sex intimate relations between men. “FDA’s policies on donor deferral for history of male sex with males date back to 1983, when the risk of AIDS from transfusion was first recognized,” says the agency’s website. “A history of male-to-male sex is associated with an increased risk for the presence of and transmission of certain infectious diseases, including HIV, the virus that causes AIDS.”

Officials at San Jose State University regard this as invidious discrimination against gays.  For that reason, the University has banned blood drives at the school in protest of the F.D.A. policy since 2008, and has announced that the ban will continue. The school’s logic is simple, or perhaps simple-minded. Banning men who have sex with men from donating blood constitutes discrimination, and discrimination is always bad. Thus San Jose State, a good school that abhors discrimination, will maintain its virtue by refusing to participate in a discriminatory practice. Continue reading

Ethics Dunce: Florida House Rep. Janet Long

Once again, an elected official is advocating the Bizarro World ethics principle that those with the greatest conflict of interest in a matter are the only ones who have standing to decide it.  Conflicts of interest create bias and interfere with objectivity. They are to be avoided whenever possible. How then does someone like Florida House of Representatives Member Janet Long, a Democrat from Pinellas County, while debating the controversial Florida law requiring women seeking an abortion to first have an ultrasound procedure, justify demanding that male legislators “stand down if you don’t have ovaries”? Continue reading

Broken Bats, Barn Doors, and Murder

Craig Calcaterra, a former lawyer who now does baseball blogging over at the NBC sports site, has once again called for baseball stadiums to include protective netting along the stands from home plate to first and third base. This time the impetus is a frightening incident in Milwaukee at a Brewers game, in which a broken bat handle went flying into the stands and hit a child. These types of incidents have been happening with greater frequency in recent years, although these is some disagreement about why. Some say it is the more brittle maple bats, others that it is the whip-thin handles of the bats now in vogue, and still others blame the new glut of baseball parks seating fans closer to the field. Continue reading

Ethics Hero: East Haven Mayor April Capone Almon

I know what you are going to say.  There has to be an angle, right?

“Come on: fool me once, shame on you, fool me 67,896,432 times, shame on me. A mayor donates her kidney to a citizen of her city just because it’s a nice thing to do?  Who is gullible enough to believe that?

East Haven Mayor April Capone Almon, like many politicians, uses her Facebook page less for social networking than for political public relations, and to built those fundraising mailing lists, of course.  Almon was perusing the status updates of her more than 1,600 “friends” last year when she happened to read the status update of Carlos Sanchez, whom knew slightly. It said his friends and relatives had all been tested and couldn’t donate a kidney, which he needed desperately.

So  Almon, 35, got tested, was a match, and gave him her kidney. Continue reading

Is Immortality Unethical?

When a writer posits an intriguing theory and then fails to support it credibly, there are only a few alternate conclusions the reader can reach. One is that it is a viable theory, but the advocate didn’t have the skills to explain it. Another is that it is a mistaken theory, and the advocate is wrong. A third is that the failure of the writer to make a case for his theory shows how wrong it is.

A recent article in The Guardian is in the last category, I suspect. It is an argument so inadequate and dominated by flaccid rationalizations  that it nearly disproves the proposition it is supposedly defending. The thesis: “Immortality isn’t unethical.” Continue reading