Law & Law Enforcement

Gallup’s 2010 Ethics Poll: Little Trust Where We Need It Most

/ Jack Marshall / 7 Comments

As it does periodically, Gallup has released the results of its surveys to determine what professions Americans regard as ethical, and which ones they don’t. Gallup notes that there has been very little change over the last two years; on its site, it compares the results to those of polls taken from 2004 to the present.

The professions that have positive ratings from the public are nurses, the military, pharmacists, grade school teachers, doctors, police, clergy, judges, and day care providers.

The rest are in the red, trust-wise, with TV and newspaper reporters coming in below auto mechanics and bankers, lawyers below them, business executives even below lawyers, and well below them, Congress, which comes in barely above car salesmen—and more people actually have a low opinion of Congress members than of car salesmen. Congress inches ahead because a larger number also think that members of Congress are ethical.

Probably federal workers… Continue reading →

More Zombie Ethics: George Lucas, Re-Animator

/ Jack Marshall / 18 Comments

It seems that cinema innovator and mega-mogul George Lucas is using a large chunk of his “Star Wars” merchandising lucre to purchase the rights to screen images of dead movie stars. His plan is to give his tech-magicians at LucasArt the opportunity to perfect the process of re-animating and manipulating them to appear in new roles in new films. Imagine Humphrey Bogart in “Pirates of the Caribbean 5”! Imagine Marilyn Monroe joining the girls in “Sex and the City 2”!  Imagine Cary Grant in a buddy picture with Adam Sandler! Or Jar Jar Binks.

Undoubtedly there are many movie fans who would enjoy having digitally resurrected Hollywood legends appearing side-by-side current idols, and there is probably a lot of money to be made by giving them what they want. Turning deceased stars into computer-generated images and making them do and say anything the programmers choose, with the pace, volume and inflection the directors desire, would represent a significant technological advance. Another obvious benefit is that Lucas’s method is preferable to just digging up the carcasses of the acting greats, hanging them on wires, and using machinery to parade them through movie sets like marionettes.

But not much. Continue reading →

FLASHBACK: What’s Wrong With “Loser Pays” (and Rosie O’Donnell)

/ Jack Marshall / 14 Comments

[Back in 2007, a ridiculous lawsuit spawned an even more ridiculous pronouncement from Rosie O’Donnell, which prompted the following post (originally titled “The Pants, the Judge, and Rosie’s Mouth”)  on The Ethics Scoreboard. I had forgotten about it, but the issue of “loser pays” still comes up, and Rosie (and Joy Behar) continue to require periodic slapdowns, so here it is again—Jack]

The tale of Roy Pearson, the infamous Washington, DC administrative law judge who is suing his dry cleaner for damages of $65.5 million for a lost pair of pants, would normally warrant scant comment beyond this obvious one: Pierson is a bully, his lawsuit is unreasonable and unethical, and he deserves whatever sanctions the legal system can devise. A Washington Post editorial suggested that the lawsuit, which Pierson says is justified by his inconvenience, court costs, and the mental anguish caused by the loss of his beloved pants, is proof enough of bad character and terrible judgement that he should not be reappointed to another ten-year term.  [ Update: He wasn’t.] That would normally end the issue, freeing me to move on to more important matters, like global warming and American Idol.

And then Rosie O’Donnell opened her big mouth. Continue reading →

Julian Assange: Not a Hero, Not a Terrorist, Not a Criminal, Just an Asshole

/ Jack Marshall / 14 Comments

I know. Well, sometimes a vulgar word is the most accurate we have.

Our definition of journalism has yet to catch up with the cyber age, and freedom of speech does not distinguish among blogs, newspapers and dissidents. What ensures responsible use of First Amendment rights is ethics, not law. America allows journalists to act as information laundries, taking material that a private citizen was bound not to reveal by law, contract, or professional duty, and to re-define it to the world as what “the public has a right to know,” defined any way the particular journalist finds appealing.

Despite all the fulminating and condemnations by the likes of Mitch McConnell and Newt Gingrich on the Sunday talk shows, the U.S. can’t make Wikileaks founder Julian Assange a terrorist just by calling him one, nor can it fairly declare him a criminal for accepting the product of the unethical and often illegal acts of leakers, and making it public, just like the New York Times has done on many occasions…not under current laws.  Bradley Manning, the U.S. soldier who leaked many of the secret documents, is certainly a criminal. So was Daniel Ellsberg, who, to nobody’s surprise, is cheering Assange on and attacking his critics. . Assange, however, is not a criminal. He has not revealed any information that he accepted in trust while  promising not to reveal it. He is no more a criminal than the New York Times, if the New York Times was published in Hell. Continue reading →

Obama’s Quality of Mercy: Strained

/ Jack Marshall / 7 Comments

President Obama finally pardoned somebody who wasn’t a turkey last week, but not before he became slowest Democratic president in U.S. history to use Article II of the Constitution to right a judicial wrong or just exercise his power to demonstrate  the ethical virtue of mercy. His choices for pardons could not have been more tepid, however, prompting a withering blog post by Prof. P.S. Ruckman, who champions the pardon power, and keeps meticulous score.

Ruckman had predicted that Obama would end the pardon drought as soon as December hit, noting that recent presidents used the Christmas holidays as a convenient pardon prop. But he is outraged at the small number of pardons, writing,

“Can President Obama say “no?” Yes, he can! Continue reading →

Ethics Alarm Triggering, Child Molester Cheering Quote of the Week: TSA Director James Marchand

/ Jack Marshall / 8 Comments

“You try to make it as best you can for that child to come through. If you can come up with some kind of a game to play with a child, it makes it a lot easier.”

—Transportation Security Administration chief James Marchand, explaining the TSA’s new approach to calming children who are subjected to the full-hand, feel-up pat-downs during airport security screening.

Yes, the TSA is now training its agents to present their touching of children in private places as a game—-you know, because this method has proven so effective for child-molesters. Continue reading →

Ethics and the CALM Critics

/ Jack Marshall / 3 Comments

The Commercial Advertisement Loudness Mitigation, or CALM Act, is now on the way to President Obama’s desk. The law addresses a long-time irritation to TV viewers, who have been complaining about television commercials booming out at ear-splitting volume as soon as a moderately-loud program takes a break. The advertising trick, which has been around for a while, has become even more blatant in recent years with availability of new sound technology. Some televisions have been equipped with devices that supposedly even out sound variations, but they do not completely solve the problem. The new legislation directs the Federal Communications Commission to require advertisers, within a year, to adopt industry technology aimed at lowering the volume on televised sales pitches.

This is a classic example of law doing what law is supposed to do: step in when individuals or organizations refuse to respect ethical values and cultural norms in the pursuit of their own self-interest, and set penalties to inspire them to engage in fair conduct, since “doing the right thing” isn’t motivation enough. Continue reading →

Irresponsible School, Cowardly Teacher, Betrayed Students: the Palm Beach Classroom Attack Incident

/ Jack Marshall / 11 Comments

Donald Charbonneau, a teacher at a Palm Beach, Florida middle school, watched as one of his students, a 13-year-old boy, Adrian Thompson, attacked classmate Joshua Poole, who was sitting at his desk. Thompson hit Poole several times, and threw him to the floor. Rather than intervening is the fight, Charbonneau left the room to get assistance. Poole says he now suffers from headaches and blurred vision from the prolonged attack, which was longer that it would have been had the teacher stopped the fight.

The school district released a statement explaining that the teacher was following a school policy dictating that staff can only intervene after undergoing “special training” on how to properly deal with such incidents.

Got it.

The policy is an irresponsible legal risk-reduction maneuver that places students at risk and turns teachers into spineless, equally irresponsible weenies. Continue reading →

The Depressing Rangel Censure: Unethical Culture on Display

/ Jack Marshall / 3 Comments

Charles_Rangel

It takes quite a bit of doing for the public punishment of a revered figure for unethical conduct to make an institution appear more unethical itself, but the U.S. House of Representatives was up to the challenge yesterday.

As expected, Rep. Charlie Rangel, former ly the powerful Chair of the House Ways and Means Committee, received a censure by majority vote, the harshest punishment a Member can receive short of expulsion. Rangel had been found guilty of five major ethical violations, or as they should properly be called, five instances of ongoing egregious unethical conduct. Charley and friends like to say “ethical violations” because that can be spun into mere carelessness, like not putting enough money on the meter. From the beginning, Rangel’s line has been that he made “mistakes,” suggesting they were either accidental or that he didn’t realize they were unethical. Think about that as you review the five: Continue reading →

Ethics Lessons From a Missing “at”

/ Jack Marshall / 4 Comments

An embarrassing story from Fairfax,Virginia yields several ethical truths.

A Virginia man facing a fine or worse for not stopping properly behind an unloading school bus got off scot free after it was discovered that he hadn’t broken any law—at least the way the law is printed in the statute books.

The law reads:

“A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children.”

Got that? You break the law by not stopping a school bus that is already stopped. Continue reading →