The Internet

The Starbucks Principles

/ Jack Marshall / 16 Comments

Hey you squatters! I'm coming over!

The First Starbucks Principle: If you create a free and open public benefit, the use of which is contingent on mutually understood conditions of fairness and reasonableness, eventually the utility of the benefit will be destroyed by individuals who refuse to be either fair or reasonable.

The Second Starbucks Principle: Once this occurs, there will necessarily  be rules and enforcement, conflict leading to consensus and a new social norm, or the elimination of the benefit.

Starbucks is in the midst of the First Starbucks Principle, but the Second is on the way. The nice, absurdly expensive coffee shops that created a culture where coffee-lovers could drink their lattes at leisure while working at their laptops or perusing  books and newspapers, are being choked to death by arrogant and cheapskate squatters who stake out the tables and remain for hours on end, often driving out customers who just want to sit down briefly and sip.

I had read about Starbucks’ New York City shops covering up outlets at the store, limiting the squatters to the battery storage limits of their laptops, a pretty mild reform. Then, last week, I saw the problem up close: a companion and I purchased coffee at a Starbucks clone, Caribou Coffee, and found that every table was occupied by one squatter with a laptop. Out of eight tables, only one had a cup or food of any kind. We had to go outside and find a bench; I guarantee that Caribou lost some business, because I would have purchased another drink. Continue reading →

Ethics Quote of the Day: Ken, of Popehat

/ Jack Marshall / 17 Comments

“Listen to me: a law school calculated to make students feel good about themselves is as ridiculous as a Marine boot camp designed to make enlistees feel good about themselves. Law students, God help us, will one day be lawyers. When they are, nobody will care about their self-esteem. The prosecutors seeking to jail their clients will not be seeking to foster a sense of community. The opposing civil lawyers seeking to bankrupt their clients will not be promoting a culture of dignity and respect. Most law practice is about conflict. It’s a bloody, ugly street fight. Self-esteem borne of law-should-be-harmony is useless to clients. The only self-esteem useful to clients is self-esteem earned by hard work, determination, command of the subject matter, and the willingness to stand up to adversity. People who object to law professors being wickedly Socratic, and classmates being cutthroat, are missing the point. If you’re put off by a Socratic professor, Mr. Fluffy Bunny, a run-of-the-mill judge is going to make you soil yourself. If nasty, backstabbing classmates upset you, the first time you get into a nasty letter-writing campaign with an opposing counsel you’re going to have a breakdown. Law school is not a fucking spa day. It’s training to stand between your client and whatever the world throws at him.”

—– Ken, the astute lawyer/sage/Don Rickles of the libertarian social commentary website Popehat, excoriating the University of St. Thomas Law School for, among other things, extolling the values of self-esteem, collaboration, harmony and community among their students.

What Ken is really talking about is zealous representation, that once universally accepted bedrock of the  lawyer’s duty that has gradually fallen into disfavor with many academics and lawyers. Continue reading →

Major League Baseball, Forgivability, and List Ethics

/ Jack Marshall / 9 Comments

Unforgivable?*

Bleacher Reports is an enjoyable sports website, and it gives opportunities to aspiring writers and bloggers, some of whom are quite talented.  In addition to typical opinion pieces and reporting, the site has a fondness for lists, often trivial to the extreme, like “The 50 Ugliest Athletes of All Time.” The titles are all misnomers, because there is almost never any criteria given for the choices or their relative ranking. An accurate title would be, “The Fifty Athletes I Think Are The Ugliest.”  And of course, who cares? (Don Mossi, by the way, was the ugliest athlete ever, no matter what anybody says.)

A recent list, however did bother me. It is called “The Fifty Most Unforgivable Acts in Baseball History,“ and much of the problem with it lies in the title itself. If you are going to write about history, there is a duty perform diligent research, even for a silly online list. Misrepresentations online have a large probability of misleading people.  The title is a misrepresentation, like “The 50 Ugliest Athletes,” but unlike that list, there is some harm done. The list isn’t close to complete; it isn’t consistent; it isn’t well-researched. I’d bet that the author, Robert Knapel, wrote it off the top of his head.  Anyone who looked at the list and assumed, as the author represents, that these are truly the low points—“the dark side,” as the author puts it—of major league baseball would be seriously misinformed.

There are unequivocally, probably universally recognized incidents and events that are infinitely worse that most of the items on the list.  Just a  few samples: Continue reading →

Ethics Dunce, Ethics Hero: Name Calling and One-Way Civility On the Left

/ Jack Marshall / 5 Comments

John Boehner was just like this during debt ceiling negotiations. Well, sort-of. OK, he really wasn't like this at all, but I don't like him, so it's not uncivil for me to say he was.

The popular Democratic, progressive, liberal and news media (I know I’m being redundant here) slur for the Republican House and its Tea Party warriors during and after the budget ceiling debate was “terrorists,” suggesting an analogy between the GOP insisting on major expenditure cuts in the budget as a condition for raising the debt ceiling, and political and religious extremists who threaten to kill people if they don’t get their way. Needless to say, it’s a disgraceful, dishonest, illogical and slanderous comparison. Whether the GOP’s negotiating stance was fair, reasonable or right can be debated; that the intent of the strategy was to strengthen the nation’s financial health is not.

To many of the Republicans involved, incurring more debt without a guarantee of serious deficit and debt reduction in the future was more dangerous than allowing the nation to default on its obligations. Add to that the fact that many in the Tea Party  leadership believe that the consequences of not raising the debt ceiling was overblown, and it is clear: the Republicans were using their control over the immediate fate of something progressives  wanted more than conservatives as a bargaining chip in a political disagreement. It may have been irresponsible; it may have been a risk; it may have been a bluff. But it was not terrorism. It was politics. Hardball politics no doubt, but well within accepted standards

Oh, I forgot: there is another reason the Republicans weren’t acting like terrorists. They weren’t threatening to kill anybody, and they didn’t kill anybody. Continue reading →

The Tricky Ethics of Trading Sex For Tuition

/ Jack Marshall / 9 Comments

 

It's not generally known, but Anna Nicole Smith initially hooked up with billionaire husband J. Herbert Marshall so he could pay her tuition at MIT.*

Seekingarrangement.com is undoubtedly an unethical website. The question is how unethical, and that is why I’ve taken longer than usual to write about it, and the social phenomenon it and other websites are fostering.

The site is per se unethical because it facilitates adultery, infidelity and improper workplace conduct, by definition and unequivocally, convicted by its own words:

“Rich and successful. Single or married, you have no time for games. You are looking to mentor or spoil someone special — perhaps a “personal secretary”? secret lover? student? or a mistress for an extra-marital affair?”

Based on this alone, Seekingarrangement.com is Ashley Madison (the adultery website) all over again. Case closed, no appeal. A website is unethical when it endorses, encourages, and assists in dishonest conduct that is guaranteed to cause harm to third parties. The “consenting adults” argument doesn’t work, and doesn’t apply, when the adults are consenting to something that violates commitments, agreements and promises made to other parties who don’t have the option of consenting.

Seekingarrangement.com, however, became the topic of much debate this month for another reason: its use by desperate students, aspiring students or indebted graduates to pay their college tuition. In this it is like the more specialized Seektuition.com, which is solely devoted to matching horny, rich, developmentally retarded and presumably repulsive older men who can’t find real relationships to hot, poor, young women willing to exchange their bodies and dignity to  “help sponsor” their “ dorm rent, books, or provide assistance for tuition.” (“Perhaps even take you shopping for those new clothes you want to impress your sorority sisters!”). The Huntington Post broke the story, telling the tales of both students who “hook up” with wealthy, older men over the internet using Seekingarrangement.com and similar sites, have sex with them, and get tuition money or tuition loan repayment funds in return, while the wealthy men gladly pay big bucks to have an evening of passion with a co-ed and some Viagra. Continue reading →

Comment of the Day: “CNN, Burying the News to Protect Its Own”

/ Jack Marshall / 13 Comments

And since you brought it up...

In the Comment of the Day, Dwayne N. Zechman expands usefully on the Ethics Alarms post about CNN ignoring the developing story about its own talk show host, Piers Morgan.

  So I’ll return the favor and expand on his comment.

For every post on Ethics Alarms regarding unethical journalism or media bias, I could write ten. Believe it or not, I try hard to keep the topic to a minimum number of posts; it is a close second to politics among the daily temptations I have to resist in fulfilling the blog’s mission as a broad and eclectic, rather that narrow, examination of U.S. ethical issues and controversies.

Fresh distortions of the news by the media and its often jaw-dropping deceitfulness in reporting stories create potential topics for me every  day, and usually many times a day. Here’s an example from yesterday: I was shocked to find out that the FAA funding, which was held up in limbo while FAA workers missed paychecks, was stuck in the Democratic-controlled Senate, having been duly passed by the Republican-controlled House. The previous day, both President Obama and scores of news stories and TV news features had harshly criticized “Congress” for leaving D.C. for vacations while Federal workers were being stiffed. I assumed, as almost everyone presumed, based on the “hostage” rhetoric being used by pundits and columnists and the just-completed debt-ceiling deal, that it was the GOP-controlled House of Representatives that was causing the problem. And that, unquestionably, is exactly what the White House wanted the public to believe, as well as what the media went out its way to make certain the public did believe, by what its reporters and pundits didn’t report and didn’t clarify. Continue reading →

What’s the Matter With Paul Gust?

/ Jack Marshall / 13 Comments

Oh-oh...now I'VE searched for her too!

Combine the Anthony Weiner debacle and the Naked Teacher Principle (in reverse), and you get the travails of 45-year-old Paul Gust, the computer teacher at the Saugatuck Public Schools in Michigan. He has been fired, and I would fire him too. But which of his actions were a firing offense?

1. Storing photos of naked women on his school computer?
2. Being such a klutz that he accidentally flashed some of the photos on the screen in the middle of a presentation on computer technology?
3. Having the FBI find photographs of underage girls on that same computer, though not photos that constituted child-porn?
4. Having the FBI also discover that he had searched for photos of Miley Cyrus braless, when she was under 18?
5. Having personal e-mails on his computer—beyond dispute involving personal discussions, off hours, on his own time, using his own accounts—that included discussions of sexual fantasies involving teen-age girls? Continue reading →

Another Sexting Pol: Drawing the Lines

/ Jack Marshall / 1 Comment

"ARRGH! I didn't consent to THAT!"

From today’s  New York Daily News:

“Garden State Democrat Louis Magazzu announced his resignation Tuesday after nude pictures he sent to a woman he had been corresponding with were posted on a Republican activist’s website. At least two of the photos showed the Cumberland County freeholder’s crotch, two showed him dressed to the nines in a suit, and a fifth showed him waist up without a shirt.“

Comments and observations:

  • Magazzu didn’t have to resign, but it was right for him to do so. Sexting is a problem among high school students, and it doesn’t help to have elected representatives indulging in it. He was humiliated by publication of the photos, and because the humiliation extended to his constituents and his party, resigning quickly was an appropriate, honorable, courageous thing to do—as it would have been for Bill Clinton, Sen. David Vitter, ex-Sen. Ensign, ex-South Carolina Governor Sanford, and others. He didn’t have to resign, however. Continue reading →

Ethics Hero: New Jersey Governor Chris Christie

/ Jack Marshall / 8 Comments

Earlier this year, New Jersey Governor Chris Christie had come under fire from  conservative bloggers for appointing Sohail Mohammed, an American attorney who also happens to be a Muslim, to a seat on the Passaic County Superior Court.

Mohammed was confirmed by the state legislature and sworn into office last week. The Newark Star-Ledger noted in an editorial that Mohammed came to the US— legally— as a teenager in 1980, and became a lawyer for all the right reasons. It was, for him, a calling. He built a reputation as a zealous, honest and dedicated lawyer.  Yesterday, Gov. Christie defended his choice, especially against criticism for representing Muslims detained under suspicion of terrorist links in the wake of the attacks on September 11, 2001. His most quoted passage:

“It’s just crazy, and I’m tired of dealing with the crazies. It’s just unnecessary to be accusing this guy of things just because of his religious background. I’m happy that he’s willing to serve after all this baloney.”

In sharp contrast to many in the Republican Party and on the political right, Christie is courageously displaying his full-throated support of religious freedom, opposition to bigotry, the right to zealous representation, and respect for professionals who do their jobs well, whatever their names or ethnic origin.

He is an easy call as an Ethics Hero.

Scent Branding, Mind-Control, and Ethics

/ Jack Marshall / 9 Comments

Agreed: this is scary. We're not there yet. We don't even know if "there" exists.

A recent article on the web that purported to explore the ethics of “scent branding” was fascinating for two reasons.

First, “scent branding” is a term I had never encountered before, for a practice that I had not focused on. About five seconds of thought, however, made me realize that indeed I was aware of the phenomenon, and had been for quite a while. “Scent branding”—using fragrances in a commercial environment to create a desired atmosphere and to prompt positive feelings, recollections and emotions from patrons—has been around a long, long time, though not under that label. When funeral parlors made sure that their premises smelled of flowers rather than formaldehyde, that was a form of scent branding. Progress in the science of scent allowed other businesses to get into the act: I was first conscious of the intentional use of smell when I spent a vacation at the Walt Disney World Polynesian Villages Resort. The lobby and the rooms had a powerful “tropical paradise” scent, a mixture of beach smells, torches and exotic fauna. It was obviously fake, like much in Disney World; also like much in Disney World, I found it effective, pleasant, and fun. I certainly didn’t think of it as unethical. I was normal in those days, however.

Well, more normal.

The second aspect of the article, entitled “Is it Ethical to Scent Brand Public Places?”, that caught my attention was that it had an obvious agenda. The piece was opposed to scent branding, and set out to find the practice unethical in order to justify condemning it. Continue reading →