“Yes, THESE Figures Were Outrageously Mistaken, But You Should Trust Our OTHER Figures Completely!”

Question: What ethical conclusions can one reach from this story about the great, environmentally responsible state of California?

From the San Francisco Chronicle:

“California grossly miscalculated pollution levels in a scientific analysis used to toughen the state’s clean-air standards…The pollution estimate in question was too high – by 340 percent, according to the California Air Resources Board, the state agency charged with researching and adopting air quality standards. The estimate was a key part in the creation of a regulation adopted by the Air Resources Board in 2007, a rule that forces businesses to cut diesel emissions by replacing or making costly upgrades to heavy-duty, diesel-fueled off-road vehicles used in construction and other industries. Continue reading

Note to John Avlon: Having Itegrity Doesn’t Make Someone a Wingnut

John Avlon is a Daily Beast contributer; he also is the author of Wingnuts: How the Lunatic Fringe is Hijacking America. Avlon’s definition of “wingnut” often seems to be a politician who doesn’t agree with John Avlon, but his recent list of 15 wingnuts running for office this November would be hard to quibble with, except that 15 is far from enough in this disturbing election.

One aspect of his list is both telling and unfair, however. The policy position Avlon cites most frequently to “prove” that a particular candidate is a wingnut is the candidate’s opposition to abortion “even in cases of rape or incest.” Whatever that position may be, it is not evidence of wing-nuttiness. Continue reading

Unavoidable Bias in the Embryonic Stem Cell Research Controversy

In the embryonic stem cell research ethics debate, I come out on the “pro” side. Nonetheless, a New York Times article this morning shows clearly how thoroughly and unavoidably biased scientists and researchers in the field are, leading to the conclusion that the decision whether stem cell research is ethical or not, and whether, or to what extent, it should be permitted, cannot be left to them.

The article, by Amy Harmon, begins,

“Rushing to work at Cincinnati Children’s Hospital Medical Center one recent morning, Jason Spence, 33, grabbed a moment during breakfast to type “stem cells” into Google and click for the last 24 hours of news. It is a routine he has performed daily in the six weeks since a Federal District Court ruling put the future of his research in jeopardy. “It’s always at the front of my brain when I wake up,” said Dr. Spence, who has spent four years training to turn stem cells derived from human embryos into pancreatic tissue in the hope of helping diabetes patients. “You have this career plan to do all of this research, and the thought that they could just shut it off is pretty nerve-racking.” Continue reading

The Replay and Integrity: Baseball at an Ethics Crossroads

On the final day of baseball’s regular season, the San Francisco Giants were playing the San Diego Padres in a contest with post-season implications for both teams. Had the Padres won , it would have forced two one-game playoffs, with the loser of a Giants-Padres showdown today facing the Braves on Tuesday to determine the National League Wild Card team. In the bottom of the first, the Giants’ Andres Torres smashed a Mat Latos  pitch down the left-field line. The ball clearly landed right on the chalk-marked foul line, kicking up a cloud of white dust as undeniable proof that the ball was fair,and the batter destined for second base or beyond. Third-base ump Mike Everitt called it foul, however. Broadcasters, the Giants managers, everyone protested and pointed, but to no avail.

The Giant’s won anyway, so it only mattered to Torres’s batting average. But a time-bomb is ticking. Baseball, which was embarrassed last season into adopting video replay for home run calls, allows no videotape mandated reversals on other blown umpire calls. As the game heads into its period of highest visibility, when casual baseball fans start paying attention to the best teams playing for the title, the likelihood of an obviously wrong call by an umpire leading to an undeserved win in a crucial game is unacceptably high. Why does baseball’s leadership resist a solution? Continue reading

Googling Potential Jurors in Court: Not Unethical, Just New

I sometimes facetiously tell legal ethics classes that the average judge is ten years behind the average lawyer in technological acumen, who is five years behind the average 13-year-old. The law and legal ethics consensus is always playing catch-up with technological developments, and every time technology is put to a new or unexpected use in a trial, some judge may react to it like a Cro-Magnon encountering his first flame.

This happened recently in the case of Carino v. Muenzen (N.J. Super. Ct. App. Div.) During jury selection, plaintiff’s counsel began using his laptop computer to go to the Web and seek  information on prospective jurors. Defense counsel objected,  and the following exchange took place: Continue reading

The Troubling Ethics of Human Psychological Experimentation

Thanks to the popularity of Malcolm Gladwell’s airport book store best-sellers and many of those who cashed in on his formula, like behavioral economist Dan Ariely (Predictably Irrational), psychological experiments are increasingly referenced in the media and the blogosphere, not to mention at the dinner table, more than ever before. Call me an alarmist if you like, but this makes me worry about the reckless, harmful and even diabolical experiments being dreamed up by the next wave of aspiring authors and the researchers who give them their best material. Continue reading

The Trouble With Auto-Tune

The British show that launched “American Idol,” X-Factor, admitted that it had used Auto-Tune, an audio processor that corrects a singer’s pitch and tone. An 18-year-old contestant named Gamu Nhengu sang just a little too well in the show’s seventh season premiere, and fans and critics started hinting at conspiracy on the web, especially via the show’s Facebook page. Finally, a spokesman for “X-Factor” confessed that Auto-Tune was used to fix disruptions caused by the many microphones used on stage during the telecast, but that the judge’s decisions were definitely based on the actual, non-Auto-Tuned performances of contestants. The show’s producers, he assured the public, only used the processor to “deliver the most entertaining experience possible for viewers.”

I’m sure that is true. This is exactly the reason TV executives rigged the quiz shows in the 1950’s. It is the reason why TV reality shows are scripted, and why NBA stars get away with game fouls that referees call against lesser players. Any competition’s entertainment value is enhanced by better competitors and more suspenseful action. The problem is that once spectators know or suspect that they are being manipulated, they stop watching at all. The fact that Simon Cowell’s UK hit would use the device immediately roused “American Idol” conspiracy theorists, and  Cowell to immediately announced an Auto-Tune ban. Continue reading

Unethical Headlines of the Week: Wired and Slate

The headline on the website Wired reads:

“Colonel Kicked Out of Afghanistan for Anti-PowerPoint Rant”

Slate picked up the story and gave it a slightly different spin in its headline, taking its cue from Wired:

“Colonel Fired for Hating PowerPoint”

These are provocative headlines, raising issues about the First Amendment, a fanatic insistence on conformity in the military, and even dark conspiracies involving the U.S. Army and Microsoft. However, they are completely and intentionally misleading. The colonel was not fired for hating PowerPoint, and he didn’t go on any “anti-PowerPoint rant.” Here is what really happened, in Wired’s own words: Continue reading

Proposed Rule: Unethical Politicians Have To Be Dumb, Too

Smart unethical politicians can do a lot of harm; it may be years or decades until the public catches on to them, if ever. But unethical politicians who are not so bright do everyone a favor. They don’t know how to cover their misconduct; they often don’t even realize it is misconduct. With luck, they flag both their lack of ethics and their shortage of gray matter while they are running for office.

Take Bessemer, Alabama  Councilwoman Dorothy Davidson, who is running for mayor of the city. Continue reading

Tony C., Chaos, and the Ethics of Blame

“And then one night

The kid in right

Lies sprawling in the dirt.

The fastball struck him square—he’s down!

Is Tony badly hurt?”

Just about everyone who lived in Boston, Massachusetts in 1967 knows that bit of doggerel, an epic poem written to commemorate the Boston Red Sox miracle “Impossible Dream” pennant that year. Tony, “the kid in right,” was Tony Conigliaro, or Tony C. for short, the 22-year-old Italian stud from nearby Swampscott who was ticketed for the Hall of Fame. Tony had everything: looks, talent, an adoring hometown public and a flair for the dramatic—everything but luck. On August 19, 43 years ago today, an errant pitch from Angels starter Jack Hamilton struck him in the face, nearly killing him. The beaning began a series of events that turned “The Tony Conigliaro Story” from a feel-good romp to an epic tragedy. He was never quite the same after the beaning, though he bravely played three more seasons with a hole in his vision he never told anyone about. He quit, tried pitching, actually made a second comeback that was derailed by injuries, and quit again. He was about to become the Red Sox cable TV color man when he suffered an inexplicable heart attack that left him brain-damaged and an invalid until his death, at only 45, in 1990.

Since 1967, there has been a storyline connected with Tony C.’s beaning, and it resurfaces every year. Let’s have an enthusiastic Red Sox blogger tell the tale: Continue reading