Being Fair to Elena Kagan

The long knives are already out for Solicitor General Elena Kagan, now the latest Supreme Court nominee. Once, before the late Ted Kennedy shamelessly accused Robert Bork of being a racist, a sexist and a monster to boot, U.S. Presidents were accorded the respect by both parties in the Senate have confirmed whoever they chose for the High Court, unless the choice was so cynical or politically tainted as to demand defeat. No more. Now each nominee has to thoroughly debase herself or himself by denying the political philosophies that produced his or her nomination in the first place. The first casualty of the nomination process is integrity.

Is it too late to go back? Is it too late to be fair? Continue reading

The Problem of Fairness, and David Ortiz: A Case Study

Fairness is a core ethical value. It is also one of the most difficult to embody. We all know what fairness is in the abstract: treatment of others characterized by impartiality and honesty, and an avoidance of self-interest, prejudice, or favoritism. In complex situations involving many interested parties, however, seeking fairness becomes a dilemma wrapped in a conflict surrounded by contradictions. One of these complex situations now faces the Boston Red Sox, as the baseball team deals with the travails of its designated hitter David Ortiz. Sports has a fascinating habit of crystallizing ethical problems, and the Ortiz case demonstrates how hard it is to be “fair.” Continue reading

The Amazing Segregated Field Trip

Dicken Elementary School in Ann Arbor decided to take only its African American students on a field trip to meet and listen to a rocket scientist, leaving all the white students behind. When the parents of some of the white students excluded from the trip complained, the school’s principal replied, in part:

“The intent of our field trip was not to segregate or exclude students as has been reported, but rather to address the societal issues, roadblocks and challenges that our African American children will face as they pursue a successful academic education here in our community.” Continue reading

More Ethics Confusion at The Washington Post

Washington D.C. theater scene blogger and critic John Glass has caught the Washington Post with its ethical pants down. He alertly notes that a line in a recent Post story about the appointment of a new Artistic Director for the prestigious Studio Theater reveals that interviews for the position took place in Washington Post offices. Studio is an active Post advertiser that, like all D.C. area theaters, is significantly dependent on the paper’s theater reviews for its audiences. In this regard it is also in competition with other theaters for the Post critics’ approval. Doesn’t this situation require objectivity and an arm’s length relationship between the newspaper and the theater? Why is the Washington Post actively involved in a professional theater’s choice of artistic leadership? Continue reading

Ethics Dunce: Florida House Rep. Janet Long

Once again, an elected official is advocating the Bizarro World ethics principle that those with the greatest conflict of interest in a matter are the only ones who have standing to decide it.  Conflicts of interest create bias and interfere with objectivity. They are to be avoided whenever possible. How then does someone like Florida House of Representatives Member Janet Long, a Democrat from Pinellas County, while debating the controversial Florida law requiring women seeking an abortion to first have an ultrasound procedure, justify demanding that male legislators “stand down if you don’t have ovaries”? Continue reading

Complaint Ethics, With A Dash of Bias

My wife had to deliver some documents to my son’s school, one of those large mega-magnet schools that are locked up tighter than Alcatraz during school hours to keep out drug-dealers, assassins, and street  mimes. After being blocked at “Entrance One” by a big guy in shades and a starter jacket (he looked like a club bouncer), she was sent to “Entrance Two.” There she encountered another security obstacle, a desk commanded by an imposing looking woman. There were four others seeking access. One of them, a suited gentleman, presented identification. One was identified by the woman at the desk as someone “who went to school here last year,” and he was allowed to pass the checkpoint on her recognizance alone. Another woman, who said she was a parent, also said was there to pick up something. She had no I.D., however “I’m not going to make you go back for your purse,” she was told. “Go on in.” My wife, also without her purse, was told she did have to present I.D., and had to hike back to the car and return with her driver’s license.

Should my wife report this arbitrary and obviously flawed execution of security procedures to school administrators? And a harder question..

Should she make an issue of the fact that both the woman at the desk and the parent she allowed to pass without I.D. were African American, and my wife is not? Continue reading

A Blogger Asks: “Why Can’t I Date My Professor After the Grades Are In?”

Some times you have to look a little more closely to discover the underlying ethics issue.

A blog called “Dating Glory” puzzles:

“I understand that it’s not a good idea to form relationships with professors while still in the class (favoritism, etc.). But why is it such a big deal when a prof becomes involved with a student who will never be his student again? Especially if they are both single and in and around the same age? Why would this jeopardize a professors job? I like my professor (used to be professor ) a lot, and I get the feeling he likes me. He spends a lot of time talking with me in his office and he often looks at me in ways that makes me think he does like me. I want to ask him for coffee but haven’t because I’ve heard this might jeopardize his job. I don’t mind as much that he might turn me down since I’m no longer his student. But what’s the big deal anyway? Why can’t we be free to date if we both want to? Lawyers date their clients all the time.” Continue reading

Ethics Quote of the Week

“Maybe there’s only one revolution, since the beginning, the good guys against the bad guys. Question is…who are the good guys?”

Bill Dolworth (Burt Lancaster) in the 1966 Western “The Professionals,” script by Richard Brooks, from the novel by Frank O’Roarke. He is responding to a question from the horse wrangler played by Robert Ryan, who asks why Dolworth and other Americans had fought in the Mexican revolution.

Lancaster’s casual reflection turns out to be significant, because the whole movie hinges on the problems arising from mistaking good guys for bad guys and vice versa. In ethics and in life, it is useful to remember that the people we think are wrong, misguided, ill-motivated, irresponsible and unethical often think the same of us, and might even be right. Even more disturbing is the possibility, always present, that an individual we admire, follow and look to for guidance and inspiration may be one of “the bad guys.”

Ethics Collision at MSNBC

Donny Deutsch, a guest host at MSNBC, lost his gig, at least for now, after including MSNBC’s Angriest Man, commentator Keith Olberman, in a segment called “America the Angry.” It examined how media pundits are stoking public anger with inflammatory rhetoric and appeals to emotion rather that reason. MSNBC objected to the criticism of one of its own on its own airtime.

Based on  stated policy, the objection and Deutsch’s punishment were justified. MSNBC boss Phil Griffin had send a stern warning to all producers and on-air talent, saying, Continue reading

CREW’s Depressing “Worst Governors” List

The Citizens for Responsible Ethics in Washington released its list of “America’s Worst Governors” this week, and as with most things CREW does, it is well-researched, informative, and depressing. Also just a teeny bit biased.

Mostly it is depressing. That so many of the leaders of our states engage in such egregiously unethical conduct–and CREW’s list is far from complete—shows how deeply corrupt the nation’s political culture remains, and what a herculean job lies ahead if we ever hope to change it. It is also depressing when one reflects on how frequently our presidents are recruited from the ranks of governors. Continue reading