Research and Scholarship

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

/ Jack Marshall / 38 Comments

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading →

Ten Lessons from the “Dog Wars” Debate

/ Jack Marshall / 8 Comments

Wait! Calm down! This is a CARTOON dog.

The “Dog Wars” Android phone app is apparently down for the count, the victim of too many complaints, threats and accusations that it was evil and irresponsible and promotes real, live dog-fighting, even though almost nobody sane makes similar claims about other video games. As with the subject of most posts on Ethics Alarms, however, the ethics issue lingers on, whether or not the specific incident that sparked the commentary has been resolved.

The comments, often passionate, that this post elicited have been fascinating, and had much to teach, even when the comments themselves were dubious. Here are ten lessons from the debate over the game and the Ethics Alarms commentary about it.

1. Ethics alarms aren’t always right. So many comments about “Dog Wars”, here and around the web, consist of various versions of, “That’s just wrong!” Well, why is it “just wrong”? Continue reading →

Fake Pregnancy, Real Deception, Real Harm

/ Jack Marshall / 21 Comments

"How exciting! It's fake, isn't it?"

Gaby Rodriguez, a Yakima (Washington) High School senior, faked a pregnancy for six months as a school-approved senior project. She told no one about the charade, which the school has called a “social experiment,” except her mother, boyfriend and principal. Others, like her siblings, her boyfriend’s family, fellow students, friends and teachers, were led to believe the pregnancy was real.

Thanks to hidden camera shows like ABC’s “What Would You Do?” and various reality shows, too many people have the impression that everyone they meet is a potential guinea pig. On the contrary: using decent, disguise, deception and lies to “see how people react” is no better than lying for any other reason, and often more harmful. Continue reading →

The Hazing Abuse of Michael Warren

/ Jack Marshall / 24 Comments

Michael Warren should have consulted Kevin Bacon...

A fraternity hazing story—yes, amazing as it seems, there are still hazings—raises the persistent ethical issue of whether a victim is responsible for his own mistreatment if he consents to it. Even if he shares responsibility, however, his consent does nothing to reduce the ethical failings of the abusers, or those of the irresponsible authorities who presided over a sick campus culture.

Michael Warren is an African American who was the only black pledge of the Alpha Delta Omega fraternity at Hartwick College (in Oneonta, New York). His potential “brothers” locked him in a bathroom with other pledges for hours, where they were subjected to ear-splitting music and strobe lights; he was forced, he says, to dress like a pimp, a humiliating bit of racial stereotyping; and, shades of the evil Omega Theta Phi fraternity in “Animal House,” was paddled so hard that he needed medical treatment (“Thank you, sir, may I have another?”). Warren complained, and found himself a pariah on campus, making him so uncomfortable that he gave up his scholarship to transfer to Hofstra. Now he is suing Hartwick, and his lawyer is arguing that his mistreatment by the fraternity “may have ruined his life.” Continue reading →

The Professions Most Likely to Cheat on Their Taxes?

/ Jack Marshall / 8 Comments

Gee, where do "Treasury Secretaries" fall on the list?

A study of I.R.S. data by a University of Chicago graduate student, now Doctor, Oscar Vela,  produced the following list of the professions most likely to file fraudulent tax returns, at least according to his analysis. Make of it what you will. The Time Magazine website blog post about the list is worth reading, first for the blogger’s highly questionable theories explaining, for example, why lawyers aren’t on it, but mostly to see conclusive proof that Time is hiring English-as-a-second-language night students, relatives of Ko-Ko the talking gorilla, or stroke victims to write their blogs. Sample sentence: “His conclusion was that as much as we would like to think so we pay taxes out of  the goodness of our hearts, or even because we are fearful of fines or worse.” Henry Luce just did a back-flip in his grave.

Dr. Vela’s theory is that the professions that are required to maintain a perception of integrity are less likely to cheat. Let us say that I am dubious. Why then are scientists so high on the list?

Here it is: Continue reading →

Global Warming Advocates Flunk Ethics, and Credibility…Again

/ Jack Marshall / 27 Comments

Never mind!

The evidence for global warming is pretty overwhelming, though still possessing some holes, and the likelihood is that much of the change is man-made. That’s about as far as the scientific evidence goes, however, without getting into serious controversy. The dire climate chance projections continue to be questionable at best, which poses problems for environmentalists who want to use climate change as a wedge to shut down industry, and alarmists who are frightened out of their wits by science they really don’t understand. Rather than demonstrate that the science is unbiased and credible by acknowledging the uncertainty, the global warming community, including elected officials with agendas, radical anti-industrialists, various research, political and advocacy groups and a depressing number of scientists who know better—and Al Gore…can’t forget Al!—have resorted to outrageous scare tactics and apocalyptic “projections.” Continue reading →

Ethics Hero, Non-Human Division: The Guardian Deer of Forest Lawn

/ Jack Marshall / 2 Comments

Bambi's mother would understand.

Animal ethics are not a major topic here, in part because there is continuing scientific controversy over whether animals are capable of ethical impulses. The pros seem to have the upper hand over the cons, however, due to observations of altruistic conduct exhibited by primates in the wild and other evidence. How a wild deer, at last report standing guard over a widowed goose and her brood at Forest Lawn Cemetery in Buffalo, NY, fits into the debate is for others to decide, but it’s an inspiring tale.

A mother goose has lost her mate (geese bond for life, it seems) and now must tend to her nest in the cemetery, which is home to many varieties of wildlife.  She spends the day sheltering her eggs inside an empty urn. The job of her deceased mate was to guard the home, and discourage predators, which, as you know if you have ever had a run-in with a goose (as I have), he would have been very capable of doing. Without a guardian, the prospects for the future goslings are not good

An adult deer, however, has come to the rescue and had assumed the role of protector. Continue reading →

April 12: Celebrating A Statistical Lie

/ Jack Marshall / 7 Comments

Some background, relevant to this topic:

I have mentored women executives. I have reported wage discrimination based on gender to an employer. I have called out a supervisor on sexual harassment, and, inspired by a younger sister who is twice the lawyer I could ever be but who had to work twice as hard to get the recognition I have, I continue to be active in opposing sexual discrimination and continue to help companies develop harassment-free cultures, which I view as an ethics issue. I mention this to try to demonstrate up front that I am no apologist for gender discrimination in wages or in anything else, as I note that today perpetrates a dishonest statistic that has been circulated by advocacy groups and uncritically accepted by the media and elected officials for decades, and ending the misinformation is wildly overdue. I repeat: I want women to be hired and paid on merit, fairly and on the same basis as men. But the lies have got to stop, and April 12th is the perfect day to stop it. Continue reading →

The Irresponsible Dr. Oz, Softening The Public Up for Charlatans

/ Jack Marshall / 14 Comments

Don't be skeptical! Dr. Oz says it's real.

When Summerlin Hospital had to step in to prevent first-time parents from endangering their infant by using “natural medicine” to treat their sick newborn, it may have been fighting the influence of Dr. Mehmet Oz, Oprah Winfrey’s health-care guru.

The popular “Dr. Oz” is a walking TV and book franchise, a Harvard-educated cardiovascular surgeon who has emerged as the nation’s most persuasive and trusted advocate for unconventional health care, or as Dr. Wallace Sampson, former chairman of the National Council Against Health Fraud, calls it,”faith healing for the masses.” He has testified before a Senate panel to condemn the mainstream medical profession’s failure to embrace “the natural healing power of our bodies,” and its hostility to “hypnotherapists, massage therapists, spiritual healers.” Dr. Oz has, shall we say, an open mind.

In his expose of the popular health talk show host, “Shamblog” writer Steve Salermo wrote in the New York Daily News, Continue reading →

Ethics Phooey: No Self-Serving Bias When I Really Need It

/ Jack Marshall / 3 Comments

At least I'm finally home.

Last month I posted a list of the Top Ten Thought Fallacies That Undermine Our Ethics. This week, I really, really wanted to use one of them. But integrity beckoned. Damn integrity.

I just returned from a week-long speaking trip that took me to Palm Springs and Maui, and involved a total of about 38 hours travel time for a total of 3 hours of actual lecturing and instruction. It would have been about eight hours less and not have required me to be awake for 50 hours (and counting) straight if I had not managed to miss my flight to L.A. out of the Maui airport. Somehow, I got it in my mind that the flight was at 3:30 PM, when it was really at 12:30 PM. I had managed to check the time on the wrong page of my itinerary, and then never looked at my boarding pass. Only dumb luck got me the last seat on the last flight out of Maui on Sunday night. Continue reading →