Roshomon Ethics: Capping Jury Damages for Malpractice

Critics of the Democratic health care reform proposals routinely raise capping  jury awards for medical negligence and malpractice as a missing ingredient that would lower health care costs by making doctors’ malpractice liability insurance premiums less costly. It’s a legitimate issue worth debating, but cap advocates typically cite jury awards of outrageous damages in cases where the doctor’s conduct was defensible, while ignoring cases like this one. Continue reading →

Ed Schultz Shows How to Be Wildly Unethical in Fifty Words Or Less

The pattern is distressingly clear now. Fox News finds an arrogant, doctrinaire talking head on the Right, Bill O’Reilly, and soon its Left-tilted rival, MSNBC, has recruited an even more arrogant, doctrinaire talking head on that side of the spectrum, the assaultive Keith Olbermann. O’Reilly uncivilly calls those he disagrees with “pin-heads,” while Olberman calls them “the Worst Person in the World.” This motivates Fox to find a commentator on the Right who makes O’Reilly seem modest and measured, Glenn Beck. This, naturally, pushed MSNBC to look under every rock to find a liberal host who can out-Beck Beck.

The bad news: they succeeded, and found Ed Schultz, who is louder, cruder, more uncivil and less fair than any of the above-mentioned blowhards. The worse news: if you out Beck Beck, no responsible station should put you on the air. Continue reading →

What Should REALLY Matter in the Massachusetts Senate Race

The Senate race in Massachusetts has now deteriorated to the “anything goes” stage, with both Democrats and Republicans using intellectually indefensible and unprincipled arguments to get the decisive edge in a neck-and-neck battle. Continue reading →

On Hoaxes, Avatar, and More Late Night Ethics

Hoax Update

  • Singer, model, television personality and inexplicable celebrity Tia Tequila announced in December that she was engaged to the heiress to the Johnson and Johnson fortune, Casey Johnson. The troubled Johnson turned up dead in squalid circumstances in January, prompting a grief-stricken online statement from Tia in which she spelled her beloved’s name wrong. Shortly after this, it was revealed that the engagement was a publicity stunt by Tequila, who barely knew Johnson. Fake romances for publicity purposes are as old as the Tudors, but this sort of thing further trivializes truth for an entire generation. Continue reading →

Loss of Voting Rights is a Fair Part of a Felon’s “Debt”

The Washington Post has an editorial today pronouncing Virginia’s law banning convicted felons who have completed their sentences from being able to vote a “disgrace.” Why is it a disgrace? Because, the Post says, they have paid their “debt to society.” That is untrue, because the state determines what that debt should be, not the Washington Post. Continue reading →

Mark McGwire’s Steroid Confession, Part 2: Neyer and the Rationalizations

The worst thing about Mark McGwire’s belated confession is that I once again have to listen to and read the absurd, hackneyed, illogical and ethically obtuse arguments for ignoring his conduct. Like… Continue reading →

Mark McGwire’s Steroid Confession, Part 1

Former slugging first baseman Mark McGwire finally admitted yesterday that he indeed was a steroid-user while playing.  Telling the truth, even, as in McGwire’s case, when it is done too late and in a self-serving manner, is a good thing.  Nevertheless, his admission should have no bearing at all on the judgment of him as unworthy of  post-career honors. McGwire cheated, and his use of steroids damaged his fellow players and the game.  Nothing he said changes any of that. Continue reading →

Ethics Dunce: the North Carolina State Personnel Commission

In a video that I prefer not to link to, North Carolina Highway Patrolman Charles Jones is shown hanging his K-9 partner, Ricoh, off the ground and brutally kicking him because the dog would not release his hold on a chew toy. That video (and another similar one) got him fired, but the State Personnel Commission just reversed the decision, saying that Jones’s conduct did not sink to a level justifying dismissal for cause, only discipline for “unsatisfactory job performance.” Continue reading →

The Ethics of Voluntary Mortgage Default

Friend and reader Loren Platzman alerted me to the article, “Walk Away From Your Mortgage!” in the Sunday Times Magazine ( the magazine was, in fact, sitting unopened by my desk at the time. Some days, I just know that reading Randy Cohen’s “The Ethicist” column is going to ruin my weekend.) The thrust of the article, an installment in the “The Way We Live Now” series, is that American cultural tradition has reinforced the belief that there is something unethical and shameful about voluntarily letting the bank foreclose on a property when falling property values have placed the mortgage “under water,” meaning that the home is worth less than the amount still owed on it. Continue reading →

Now For Something Completely Different: Conjoined Twin Ethical Dilemmas!

I am officially mint-green with envy: Daniel Engber, who writes “The Explainer” column over at Slate, has written an informative, off-beat, thought-provoking column on just the sort of ethical/legal hypothetical I adore. The topic: If a Siamese twin commits murder, does his brother get punished too?

He does a terrific job. his essay also reminded me of a classic “Tales from the Crypt” episode involving a fictional pair of conjoined twins that one could imagine getting into such a dilemma.