Professions

Cowardice Trumps Duty: The Oprah Bio Freeze-Out

/ Jack Marshall / 3 Comments

Sometimes professionals reveal the flaws in their ethical armor in their handling of the little things.

Celebrity shark Kitty Kelley, who has wounded other celebrities with dirty-linen airing, unauthorized biographies (supposedly her hatchet job on Frank Sinatra caused Ol’ Blue Eyes to consider having her whacked), has sunk her teeth into Oprah Winfrey. The usual, well-worn method that get such bio-trash sold is a media tour, and Kelley is a veteran of it, having used interviews and talk-show experiences to make best-sellers out of her bios of Jacqueline Kennedy Onassis, Elizabeth Taylor, Frank Sinatra, Nancy Reagan, the British Royal Family, and the Bushes. But these were just icons, super-stars, idols, royalty and world leaders; now that Kelley is taking on the Big O, all bets are off. It has been reported in multiple sources that the usual facilitators of Kelley’s book plugging efforts have been turning Kelley’s publicist down. They don’t want to cross Oprah. Continue reading →

Exemplary Ethics: Opportunity for the Gambling Grannies’ Lawyers

/ Jack Marshall / 2 Comments

My discussion of that sad case of the two elderly Connecticut sisters who are embroiled in a lawsuit over lottery winnings did not focus on their lawyers, and that was intentional. Though I spend most of my time teaching legal ethics, I only venture there on Ethics Alarms rarely, because 1) to do it right usually requires being technical, and technical is not conducive to 700-1000 word essays, and 2) most lawyers are bored by legal ethics, so non-lawyers figure to be bored even more.  A new reason became crystal clear this week, when I foolishly steered an issue involving blog ethics into legal ethics because the blogger happened to be a lawyer, was reckless with my terms, and ended up unfairly implying something I did not mean to imply. My apology for that fiasco is here.

Nevertheless, I should have discussed the role of lawyers in the Connecticut case. I am not privy to their advice to their respective clients, and for all I know, they may well have attempted what I suggest here. Whether they did or not, this case is an excellent one to reflect on what lawyers do, and ought to do. Continue reading →

New Vistas in Cruelty, Bigotry and Segregation in Itawamba County

/ Jack Marshall / 1 Comment

The last we heard about Constance McMillan was that the school  district in Itawamba County, Miss. had cancelled the senior prom rather than allow the teenager, who is gay, to attend wearing a tux and escorting a girfriend. A court challenge achieved a ruling that the District could not bar Constance from attending her prom,  but the  judge declined to compel the District’s prom to go forward when he was assured that a parent-sponsored replacement prom was being organized.

Now we learn, from Constance, that she and her date were sent to a country club in Fulton, Miss., to attend what they were told was the prom, but when she arrived she discovered that only that five other students were there. Continue reading →

April Fool’s Day Ethics

/ Jack Marshall / 17 Comments

What should be the standards of ethical conduct on April Fool’s Day? Research indicates that the tradition is a long one, and versions of Spring foolishness celebrations have been around for centuries. One source says, “April Fools’ Day is observed throughout the Western world. Practices include sending someone on a ‘fool’s errand,’ looking for things that don’t exist; playing pranks; and trying to get people to believe ridiculous things.”

Continue reading →

Accountability, the Phoebe Prince Suicide, and the Golden Rule’s Limitations

/ Jack Marshall / 35 Comments

Sometimes the application of the Golden Rule actually leads us away from an ethical result.

The suicide of a 15-year-old South Hadley, Mass girls who had been the victim of bullying and web attacks by fellow students continues to be framed as the failure of school administrators to protect the girl. What the school knew and when they knew it is the object of current investigation and controversy, but there is an inherent public and media bias in such cases that is rooted in laudable ethical motivations, indeed, it is rooted in the Golden Rule. But that bias often results in unfairness and injustice. Continue reading →

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 →

Of Interns, Heroes, and Hoaxes

/ Jack Marshall / 11 Comments

Intern exploitation: The New York Times explores the burgeoning practice of using unpaid interns, exploiting college students and graduates desperate for experience by “allowing” them to do menial office tasks without even minimum wage compensation. It is a perfect scheme, really: the student doesn’t want to burn bridges, so doesn’t complain, and the company avoids hiring a worker. The problem is that it is dishonest and unfair, as well as illegal.

Remembering Ethics Hero Jerry terHorst: J. F. terHorst has died, and though he was a distinguished reporter, what made him an Ethics Hero was one act of principle unrelated to reporting. 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 →

Art Ethics: We Are Not Bowls of Fruit

/ Jack Marshall / 5 Comments

During his legendary questioning by Clarence Darrow in the Scopes trial, Williams Jennings Bryan famously answered one of Darrow’s queries by saying, “I don’t think about things I don’t think about.” (Darrow’s rejoinder: “Do you think about the things you do think about?”)  One of the ethical issues I hadn’t thought about was whether an artist drawing a subject in public without his or her consent is being unethical. Thanks to a post by an inquiring artist on an art blog who heard the faint ringing of an ethics alarm in his head, I’m thinking about it now, and it is trickier than you might think.

Once the artist starts rolling, he has a lot of ethics questions: Continue reading →

Biden’s Incivility: No “Big Fucking Deal”?

/ Jack Marshall / 1 Comment

For the most part, the media and the culture have given Vice-President Joe Biden a pass on his ebullient violation of a civil discourse taboo, on national TV and during an official ceremony, caught on a microphone for all to hear. That only makes the consequences of Biden’s inability to control his potty-mouth worse, though not for Biden. Biden has made so many embarrassing public utterances that he is treated by the media and much of the public as sort of a crazy uncle, someone we expect to do and say outrageous things because he can’t help himself (it stands as the smoking gun proof of the media’s bias against Sarah Palin that her verbal mistakes were—and are—pounced upon and used as evidence of her incompetence, while her Democratic counterpart’s career-long fondness for saying silly and outrageous things was —and is—excused.) But national leaders set cultural standards, and the shrugging off of Biden’s F-bomb permanently lowers our standards of civility as much as “Baby killer!” or “You lie!” So thanks, Joe, for making America just a little bit less gentile, just a little bit cruder. We knew you had it in you. Continue reading →