Popular Culture

“The Good Wife,” Flunking Legal Ethics 101

/ Jack Marshall / 6 Comments

CBS’s “The Good Wife” remains ensconced in my Hall of Fame for TV lawyer dramas, but last night the series committed the kind of “what the hell?” blatant legal ethics gaffe that causes many lawyers to avoid such shows.

The situation is one that may be dramatic but hardly unusual: the client who lies on the witness stand. Unlike a lot of the ethical conundrums that are concocted in the fevered brains of TV scriptwriters (“Your client leaves a human head in your office—what do you do?”—“The Practice”), this is one that is thoroughly explored in law school and one which every competent litigator has to be prepared to face, because 1) it happens and 2) the legal ethics rules about how a lawyer is supposed to handle it have bounced all over the place, like William Shatner. Continue reading →

Kind and Exploitive: SNL Performs A Rare Ethical Unethical Act

/ Jack Marshall / 5 Comments

Lindsay Lohan, when everything was possible, and the future was bright.

Tomorrow, Saturday Night Live is bringing back Lindsay Lohan as Guest Host. This a decision that defies ethical analysis. On one hand, it is certain to be a ratings winner, as the curious will tune in to see if Lohan has a meltdown, look prematurely aged by her various addictions, or does or says something that continues her five year-run of self-destructive behavior. Lindsay is almost finished with her court-ordered rehab and community service, but her status in show business could hardly be much lower. She is widely regarded as uninsurable, and a candidate for a relapse at any time. Since the lapsed child star last hosted SNL, she has stood trial for grand theft, been held in contempt of court, been sentenced to jail twice, and made the classic desperation career move of posing nude for Playboy, a last ditch tactic that 1) almost never works, and 2) is usually reserved for fading pop stars and marginal TV actresses in  their thirties, not a 25-year-olds.who should be in her career prime. If there ever was a ratings-motivated “let’s give the people a train wreck to gawk at” call, this was it. Continue reading →

Ethics Hero: Journalist Harris Meyer

/ Jack Marshall / 18 Comments

Harris Meyer is an Ethics Hero because he won’t let a bad lesson go unchallenged.

Meyer is an award-winning  freelance journalist and a former editor at the Yakima (Wash.) Herald Republic. That was the paper that first broke the story of Gaby Rodriguez last year, which I wrote about here. With the encouragement of her high school principal, Rodriguez, a senior, embarked on some amateur social science research that involved deceiving everyone in her life except her mother, one (of seven) siblings, her boyfriend, and the principal. She pretended that she was pregnant, suing padding. She faked the pregnancy for months, finally announcing the sham in a student assembly. This extended hoax was supposedly designed to expose how pregnant teenagers are treated by their peers and others. It was, by any rational standard, a despicable thing to do—a betrayal and exploitation of her friends,  her boyfriend’s family, her siblings and teachers. Deception on such a scale must be justified, if at all, by both need and necessity. Were there other, less destructive ways to investigate the treatment of pregnant teens? Sure there were; interviews come to mind. Collecting published journals and other accounts. But Gaby’s unethical stunt was in spiritual synchronicity with a reality show-obsessed culture, where fake is entertaining and collateral damage is of no concern.  I wrote: Continue reading →

Academy Awards Curtain Call Ethics: The Unkindest Snub of All

/ Jack Marshall / 28 Comments

Every year the Academy Awards manages to neglect a distinguished actor or actress who has died since the previous Oscars ceremony, and usually it is inexplicable. Two years ago, it was Farrah Fawcett who was snubbed. This year  Oscar was more callous and negligent than ever before, robbing at least eight deserving performers of their final curtain calls, and there is  just no excuse for it. As usual, Oscar flacks will claim that time was limited, but that won’t fly: why was there time to include, for example, Whitney Houston, who not only had minimal film credentials but who also  had an entire awards show dedicated to her just a week ago? Whitney hardly rated a gratuitous nod from Oscar, especially while it was snubbing so many real actors.

I will be generous and apply Hanlon’s Razor, but with reluctance: it seems to me that there were too many blatant omissions and too many obscure insiders included for it all to be accidental. Did the behind-the-scenes members of the Academy stage a coup, and demand that their fallen colleagues get their names displayed this year to millions of Americans who almost certainly never heard of them? If so, that still couldn’t justify the Academy of Motion Picture Sciences showing such apathy and disrespect for deceased actors that audiences do remember, or if not, should be reminded of one last time.

Here are the actors who Oscar neglected to help us remember, appreciate, and thank: Continue reading →

Weekend Ethics Catch-Up

/ Jack Marshall / 3 Comments

If you took an ethics break this last weekend of February, here’s your Ethics Alarms make-up assignment:

 

Robot Ethics: Let’s Not Get Silly About It

/ Jack Marshall / 18 Comments

Today seems to be “Ethics Questions That We Shouldn’t Have To Ask Day,” and Andrew Sullivan, over at the Daily Beast, phrases his entry this way:

“Is Sex With A Robot Adultery?”

Sherry Jackson as a robot on the original "Star Trek." Lovely, convincing, but still basically a toaster.

Gee, I don’t know, Andrew: is sex with a toaster adultery? What has Sullivan asking such nonsense is a new book called Robot Ethics, which has some legitimate issues to explore, and then some other phony controversies included to get publicity and interviews. The field of robot ethics still includes little that hasn’t been thoroughly explored by Robert Heinlein, Isaac Asimov and on “Star Trek: The Next Generation,” but as a few of these dilemmas are likely to enter reality from science fiction in the foreseeable future, it is reasonable to dust off the issues again as long as we don’t get silly about it. Getting overly excited for the Boston Globe, however, Josh Rothman writes: Continue reading →

Albert Pujols, Stan the Man, and the Shameless Jeremy Lin Censors

/ Jack Marshall / 12 Comments

THIS is "El Hombre." Stan's Polish, by the way. Do you care? Does the Asian American Journalists Association?

If you don’t know who Albert Pujols is, you should: he’s probably the best hitter in baseball, a slugging first baseman whose career so far has already guaranteed him a spot in baseball’s Hall of Fame. Over the winter he left his original team and the city that worshiped him, St. Louis and its Cardinals, because, though the team he professed to “owe everything” offered him a deal that would guarantee that his great-grand children could be beach bums all their lives, a team in Southern California, the Angels, offered him even more, so he can light his cigars with C-notes and pave his driveway with gold.. I think elevating money over every other value to that extent is an unethical and culturally corrupting choice, and said so at the time.

Now Albert has re-endeared himself to me  by publicly objecting to the Angels’ pre-season promotional campaign calling him “El Hombre.” “What?” you say. “I thought you have been condemning political correctness in the discussion of athletes with ethnic identities! Don’t you think it’s ridiculous for Pujols, who is of Hispanic descent, to object to a nickname that plays on his heritage?” Indeed I have been condemning such political correctness and over-sentivity, and still do. But that isn’t why Albert is objecting.

Back in St. Louis, you see, they also tried to call Pujols “El Hombre,” in a deliberate evocation of the city’s most famous and celebrated slugger, the great Stan “The Man” Musial, one of the best and most admirable players in baseball history. Pujols put a stop to it. There was only one player in the city who could carry the title “The Man”, he said, and that was Musial, who is alive and in his 90’s. Just saying “the Man” in a different language didn’t change the fact that the honor was Musial’s, and shouldn’t be taken  away. Stan Musial was and is “the Man;” Pujols respected that, and defended it Continue reading →

Facebook’s Weird Ethical Standards

/ Jack Marshall / 11 Comments

I know, they're too small to read. Never mind; they also don't make any sense

The idea of Gawker, a website that shares the ethical standards of the seamier denizens of “Rick’s” in “Casablanca,” doing a legitimate ethics expose gives me a brain cramp, but the gossip site has given a platform to a Facebook whistleblower, sort of.

I say “sort of,” because knowing Gawker, I wouldn’t be surprised to learn that he was paid to rat out his former employers-once-removed (he was hired by  Facebook’s outsourcing firm that handled his training—oDesk), making him ethically less of a whistleblower than a candidate for Gawker’s editorial board. The argument, I suppose, would be that a dollar an hour, which is what Gawker’s source says was his princely reward for doing Facebook’s dirty work, shouldn’t buy much loyalty and confidentiality, if any. Ethically, that’s false: you are obligated to abide by the terms of bad deals if you voluntarily agree to them. Practically speaking, it is true. A worker a company exploits is likely to harbor more animus than good will, and it isn’t the happy workers who blow whistles. Fine: neither Gawker’s source nor Gawker are ethically admirable. On to Facebook.

The whistleblower is Amine Derkaoui, a 21-year-old Moroccan who was recruited by an outsourcing firm to screen illicit Facebook content. This is what he was paid a dollar an hour for, which, when one considers the news reports flying around recently about how rich Mark Zuckerberg is, and after the company filed its record $100 billion IPO, seems unequivocally exploitive. His real exposé, however, involves what he was paid to do, which was to be Facebook’s censor. Derkaoui supplied Gawker with a bootleg copy of part of Facebook’s abuse standards, which lays out what the company believes is appropriate and what it believes should be banned from the web. Thus it is Facebook’s morality, revealing the ethical standards that the company embraces. Continue reading →

Ethics Alarms Recap: A Long Weekend of Ethics

/ Jack Marshall / 1 Comment

If the long Presidents Day weekend took you hither and yon and away from ethical dilemmas and controversies, welcome back! Here is what went on here in a lively three days:

Ethics Incoherence From Sir Paul

/ Jack Marshall / 14 Comments

"Obladi oblada."

I thought about a lot of possible headlines for this post. “Most Muddled Ethics Statement of the Century” was a real contender. I thought about making it an Ethics Alarms quiz, with the plaintive query,“Can anyone please tell me what the heck Paul McCartney thinks he is saying?” And, yes, I thought about skipping the story completely, as I am not eager to rattle the cages of the zealous pot enthusiasts, several of whom bombarded me, my business and my wife with vicious and threatening e-mails last week.

But this cannot pass without comment. Paul McCartney has given an interview to Rolling Stone in which, among other things, he announces that he is giving up smoking pot as a responsible father of an eight-year-old girl.

“I did a lot, and it was enough,” the co-writer of “With a Little Help From My Friends” (“I get high with a little help from my friends…”) and “Lucy in the Sky With Diamonds” tells the interviewer. “I smoked my share. When you’re bringing up a youngster, your sense of responsibility does kick in, if you’re lucky, at some point. Enough’s enough – you just don’t seem to think it’s necessary.”

This is completely bewildering. Is Paul saying he’s had his fill, and now that he has, come to think of it, it’s irresponsible to smoke pot? Is he expressing regret? Continue reading →