Law & Law Enforcement

The Ethics of Unethical Ethics Teachers

/ Jack Marshall / 5 Comments

An essay by lawyers Joel Cohen and Katherine A. Helm begins with this story:

“Noted ethics philosopher and Nobel Laureate Bertrand Russell once was questioned by the Harvard Board of Governors about having an extramarital affair with a student. When faced with the hypocrisy of being an ethics professor engaged in immoral conduct, Russell argued his private affairs had nothing to do with his professional duties. “But you are a Professor of Ethics!” maintained one of the board members. “I was [also] a Professor of Geometry at Cambridge,” Russell rejoined, but “they never asked me why I was not a triangle.”‘

The authors use the anecdote to explore the issue of whether proven ethics miscreants like Eliot Spitzer, Rod Blagojevich and disbarred class action lawyer William Lerach ought to be lecturing, speaking, or otherwise being listened to in regard to their opinions and advice on ethics. After all, acting teachers are often indifferent actors, and the best baseball managers weren’t much as players. Why should ethics be any different?  Continue reading →

Isolating Corey Haim: Child Star Deceit and Disinformation in the Media

/ Jack Marshall / 7 Comments

It is clear that the news media, and especially the entertainment and pop culture media, don’t want to lose their cuddly child performers. Thus when a former kid star like Corey Haim perishes at a young age, the victim of a dysfunctional childhood turned fatal by addictions to fame and drugs, the sad story is usually told as a cautionary tale about how one young actor’s early promise and talent turned to dust and destruction because of his own weaknesses and missteps. A responsible media would use such events to examine the larger, serious, and mostly ignored problem of child abuse and exploitation in the entertainment business, and its terrible toll of casualties.The media is not responsible on this topic, however, and in the case of Haim, seemed to go out of its way to falsely represent his fate as the exception, rather than the rule. Continue reading →

The Evolving Ethics of Joke Theft

/ Jack Marshall / 3 Comments

Kal Raustiala, a Professor at UCLA Law School and the UCLA International Institute, and Chris Sprigman, a Professor at the University of Virginia Law School, are counterfeiting and intellectual property experts who hang out at the Freakonomics blog, and their latest post discusses how the world of stand-up comedy deals with joke theft. Some of the commentary will remind you of the Monty Python sketch in which a professor dryly lectures (with demonstrations) on the art of slapstick, but their observation is important: professional comics have developed a series of standards, enforced informally by such methods as shunning, shaming, and confrontation (and the occasional punch in the face) to discourage theft of a form of intellectual property that cannot be efficiently protested by copyright or trademark law. Continue reading →

The Westboro Baptist Church and Free Speech: When Cruel and Unfair Can Still Be Right

/ Jack Marshall / 5 Comments

The United States, as currently constituted, is a utilitarian nation. We embrace the inherent virtue of certain “natural” rights, and tolerate the frequent harm that some citizens commit while exercising the rights that all of us cherish. I think that is the correct philosophy, but it requires us to grit our teeth and re-read the Bill of Rights when the formula produces a nauseating result that is nonetheless right in our democratic culture. It was right to let the Nazis march in Skokie. It was right to let the Klan hold their non-violent, white supremacy demonstrations. And it was right for the court to make Albert Snyder pay the court costs when he lost his lawsuit against a hate group that disrupted his son’s funeral. No, it wasn’t fair, or kind, or empathetic. It was only right. Continue reading →

Philly’s “Webcamgate”: No Ethics Controversy, Just Unethical

/ Jack Marshall / 4 Comments

Ethics Alarms has not discussed the Lower Merion School District’s “Webcamgate” scandal, in part because its facts are still somewhat in doubt, and because I found it difficult to believe that what had been reported was true. High school student Blake Robbins sued the District after officials reprimanded for him for conduct inside his Pennsylvania Valley home. Apparently he was caught on the webcam of the Apple MacBook that the district supplies to its 2,300 high school students. Following an investigation by the Montgomery County District Attorney’s Office and the FBI, it was confirmed that the cameras were programmed to be turned on remotely by school officials, but, say those officials, only to track down stolen computers, not to spy on students, their friends and their parents. Continue reading →

“Lawmiss” and the Plain Dealer’s Dilemma

/ Jack Marshall / 7 Comments

The Cleveland Plain Dealer made one of those fateful first steps that ends in a journey to ethics no-man’s land when it decided to check the e-mail address of a repeat anonymous commenter on the paper’s website. “lawmiss” had been especially abusive in comments about one of the newspaper’s reporters, so instead of just deleting the comment for violating the site’s rules against personal attacks, an enterprising editor tracked down its source. Continue reading →

Ethics Dunce: Sen. John Ensign

/ Jack Marshall / Leave a comment

John Ensign, the GOP senator from Nevada, recently gave an interview to the website Politico that was unhinged from reality. He is either shameless, desperate, or in need of treatment. Ensign decried a “gotcha” mentality in the press and implied that the news media has treated him unfairly. Is he kidding? Continue reading →

Intolerance Plus School Cowardice=Cultural Deprivation

/ Jack Marshall / 5 Comments

The Supreme Court has refused to reconsider a Ninth Circuit decision agreeing that a school could forbid the school band from playing Franz Schubert’s “Ave Maria”.

I don’t want to argue about the legal issues (you can read Justice Alito’s dissent here), although I suspect tha the law favors the school’s absurd conduct. But although self-righteous intolerance can effectively bully people and institutions in an atmosphere of school administration cowardice and timidity, it still is wrong, and we all suffer for it. Because one student objected last year to a musical piece at her graduation that mentioned God and angels, the pusillanimous administrators at the school decided to nix an orchestral rendition of “Ave Maria,”  because the title might offend some other intolerant and insufferably self-centered child. Continue reading →

“The Ethicist” vs. Citizenship

/ Jack Marshall / 2 Comments

Anyone who reads Randy Cohen’s New York Times Magazine column “The Ethicist” quickly discovers that one of Cohen’s biases is an intense distrust of law enforcement that would be right at home in the Berkeley campus of 1967. The problem with this attitude for an ethicist is that citizenship is a core ethical value, and assisting and cooperating with law enforcement efforts are among the duties of a citizen to society. Thus the Ethicist’s advice tends to become unethical when a correspondent asks about matters involving the police. This week’s column contained a prime example.

A restaurant owner discovered that an employee was stealing from the establishment, and confronted him. The thief offered to pay back what he had stolen, and was fired. The owner asked Cohen if he should report the crime to the police; some of his friends had argues that “losing his job was punishment enough” for the light-fingered ex-worker. Can you guess Randy’s answer? I swear: I composed it in my head before I checked. I was right on the money. Continue reading →

Ethics Dunce: ABC News

/ Jack Marshall / 9 Comments

Watching the ethical standards of the major network news department crumble away is like watching a sand castle  on the beach disintegrate with each new wave. There really is no resistance, or hope. It is just a matter of time.

Thus the announcement that ABC News paid $200,000 to Casey Anthony, the Florida woman who is accused of killing her two-year-old daughter, Caylee, comes as not so much of a surprise as just a further peak at the inevitable. Critics are pointing with outrage to the fact that ABC announced that it is cutting hundreds of jobs, as if this is somehow hypocritical. In truth, they are two sides of the same coin. Journalistic ethics have always been the most fragile of professional ethics systems, more dependent on success than principle. When there was limited competition, the networks could burnish their images by conforming to ethical standards and making sure everyone knew it. Now, however, web-based news, blogs and cable news networks are carving up their pie. Most of the consumers of news don’t care about ethics, and the National Enquirer, which has always practiced checkbook journalism, is up for a Pulitzer. Continue reading →