conflicts of interest

Comment of the Day: “Ethics Quiz: The Kidneys of Orlac”

/ Jack Marshall / 9 Comments
But first, a last act of altruism...

But first, a last act of altruism?

The presumptive winner of the annual Ethics Alarms award for “Commenter of the Year” in 2013, texagg04,  has delivered a Comment of the Day expanding the topic of the post regarding a condemned prisoner in Ohio who wrangled a postponement of his execution so he could donate his organs to relatives. Here is  texagg04’s  take on “Ethics Quiz: The Kidneys of Orlac.” I’ll have some comments at the end.

“First, a murderer or other capital criminal being held responsible for his or her conduct seems to be in conflict with the same individual being allowed to display charity when you say they  forfeited their freedom, all of it, with their commission of a  capital crime. I’m not so sure it should be viewed from that angle.

Punishment serves a variety of purposes. Some petty crimes receive punishment designed to compensate, as best as can be, the victim – the victim being dead, capital punishment does not serve this purpose. Some crimes are of an anti-social nature, and the apt punishment seeks to rehabilitate or reconcile the perpetrator to the community. Capital crimes are so heinous that we have determined that the perpetrator must be completely cut off from society, through their death. In this case, the punishment does nothing for the victim OR for the criminal; the punishment is designed solely for the benefit of society.

If the criminal wishes to donate his/her organs to (what we must assume is to salve their own conscience – even though we can, probably, cynically assume is just a delaying tactic), we should not care one bit. They are gaining no material benefit from the community, nor are they engaging in any direct interaction with the community – so the act of cutting them off from the community as part of the punishment is still complete. Continue reading →

Ethics Quiz: The Kidneys of Orlac

/ Jack Marshall / 32 Comments
Kidneys, okay, maybe...BUT NOT THE HANDS! NEVER THE HANDS!!!

Kidneys, okay, maybe…BUT NOT THE HANDS! NEVER THE HANDS!!!

One individual who may be having complicated sentiments this Thanksgiving is Ronald Phillips, who is current residing on Ohio’s death row. He was supposed to be dead by now, but was spared at the last moment when Governor John Kasich issued a stay of execution to ponder Phillips’ unusual request, which had been rejected by prison officials. Phillips, you see, is not a nice guy, as his current address might suggest. He was convicted of raping and killing the three-year-old daughter of his girl friend. (They subsequently broke up. It was him, not her.) He had experienced a change of heart, however, or rather, wished to facilitate one. His sister needs a heart transplant, and he wants his to be passed over to her after his execution by lethal injection. He also wants his kidneys donated to his mother, who is on dialysis because hers are failing, and any other parts of him that might save a life given to others.

Presumably this will not include his hands, because there are a couple of horror movies, one old one in particular, about what happens after that operation, and they are pretty scary. There are no horror films that I know of, however, about the aftermath of getting an executed murderer’s kidney.

Yet.

Gov. Kasich, who is a nice guy, has explained that as heinous as Phillips’ crime was, the state should try to accommodate his desire to save innocent lives. The tentative plan is to hollow Phillips out, execute him in July, and then harvest anything that’s left.

Have you seen that movie, by the way?

Your Ethics Alarms Ethics Quiz:

Should such a request by a condemned prisoner be granted?

I’ll play devil’s advocate here, except that the advocate for the child rapist deserves the title more than I do. I think Kasich is confused, and that Phillips or his lawyers have figured out one more way to foil the criminal justice system. Continue reading →

If You Are Surprised To Learn That “No Animals Were Harmed During The Making Of This Film” Doesn’t Mean That No Animals Were Harmed During The Making Of The Film, Then You Havn’t Been Paying Attention To The Ethical Culture In Hollywood

/ Jack Marshall / 14 Comments
"OK, the tiger almost drowned. No harm, no foul, right?"

“OK, the tiger almost drowned. No harm, no foul, right?”

Hollywood abuses its child actors routinely, and you really believed it was kind to animals?

Today the Hollywood Insider carries a thorough exposé revealing that the American Humane Association, which supposedly monitors films for their treatment of  animals and grants the familiar“No Animals Were Harmed” trademark accreditation seen at the end of film and TV credits, participates in the covering-up of animal deaths and cruelty as much as it prevents them. The report suggests that the AHA  has been thoroughly co-opted by the industry, so that it is not an objective advocate for the creatures it supposedly represents, but a willing participant in audience deception.

The smoking gun quote may be this one, from Dr. S. Kwane Stewart, the veterinarian who took over as the national director of the AHA’s “No Animals Were Harmed” program in April:

“This whole idea that we’re cozy with the industry — it’s simply not the case. We first and foremost want to keep the animals safe…[but] we need to keep in mind that [the producers and directors of productions the AHA monitors] want to arrive at their vision as well.”

This means, of course, that the AHA representatives are not acting as an advocate for the animals, but as a participant in the film-making process that balances the lives and welfare of the animals against the concerns, needs and profit motives of the speaking, spending, threatening and otherwise powerful human beings with which they share a species and common values. Gee–I wonder who has the most weight in reaching that balance… Continue reading →

When Worlds Collide: Maryland’s Attorney General Doug Gansler Flunks His Ethics Test

/ Jack Marshall / 20 Comments

Maryland Attorney General Doug Gansler (D) is running to be his party’s nominee for Governor, which, since Maryland is one of the Bluest of states, means that success equals the statehouse, or should. But the intense spotlight that such a quest creates can be hot and unflattering, and Gansler’s character and integrity is now being called into question…especially after this photo from last summer surfaced on Instagram, showing Maryland’s top law enforcement official in the middle of a wild teen beach party at a beach house by the Delaware shore. He’s the guy in the white shirt and the cell phone:

Gensler Party

There you have it: the exact moment when Attorney General Doug Gansler, Candidate for Governor Gansler and Father of a Teenage Son Who Graduated From High School And Wants To Party With His Friends Like In “Animal House” Gansler officially collided. Many, especially many Democrats, especially many Bill Clinton fans, and definitely aspiring toyboy lawyer Brian Zulberti, would argue that only one of them is really there: Father Doug. The others, being absent, are immune from criticism. This position is popular, convenient, lazy, ethically corrosive and wrong. There is only one Doug Gansler, yes, but he is bound by three standards of conduct. When you are bound by three standards of conduct, you have to abide by the highest one.

Again, this situation focuses our attention on integrity, a core aspect of character, and crucial to ethics. Does an individual have genuine principles that he oe she lives by, or a constantly shifting set of values that are assumed and then discarded according to situation, convenient, strategy and whim? When an ethical problem arises, do others know how the individual will respond? Are his words consistent with his actions? Trust means that others can rely on an individual’s conduct, and you can’t rely on the conduct of someone whose values and priorities with the wind, locale, attention and personal desires.

Then there is the issue of judgment. Judgement is like intelligence and common sense: an individual either has it, or he doesn’t. And such traits as responsibility, accountability, honesty, prudence, dignity, loyalty  and courage come into play. I know those who embrace the private individual/professional dichotomy are stuck with the argument that the absence of  one or more of these in a private setting has no predictive value regarding public or professional conduct, but it is a hopelessly untenable position, pure denial, and ethics poison. Continue reading →

Ethics Dunce: Sen. Rand Paul (R-Ky)

/ Jack Marshall / 6 Comments

dunce-capSenators should not intentionally set out to make the American public stupid, or to validate invalid ethical constructs. Thus this explanation of his current proposal from Sen. Rand Paul needs to be derided, and should also cause concern for anyone who thinks it’s important for the Republican party to find some leaders who are trustworthy. Paul, in the course of pushing his stillborn, grandstanding plan to use a constitutional amendment to require government bigwigs to live with the same health care laws they impose on the rest of us, said this to The Daily Caller:

“My amendment says basically that everybody including Justice Roberts — who seems to be such a fan of Obamacare — gets it too. See, right now, Justice Roberts is still continuing to have federal employee health insurance subsidized by the taxpayer. And if he likes Obamacare so much, I’m going to give him an amendment that gives Obamacare to Justice Roberts.”

See, the fact that U.S. Supreme Court Chief Justice John Roberts refused to declare the Affordable Care Act unconstitutional using a highly-controversial legal distinction in no way suggests that he personally “likes” it, and anyone who thinks that is what judicial opinions, especially Supreme Court Opinions, mean is shockingly ignorant of the judicial system, the legal system, the law, the role of judges in society, the Constitution, and by extension, pretty much most of the principles that give government, management and leadership any integrity or competence. The fact that such an anyone has risen to the level of U.S. Senator goes beyond shocking to terrifying. Continue reading →

The Authority Trap: Elizabeth O’Bagey’s Three Ethics Strikes

/ Jack Marshall / 14 Comments

Woman-pulling-off-a-mask

It is not, you see, enough to have a good idea, an original argument, or a brilliant solution.There must be reason for important people, people who make decisions that affect lives, to pay any more attention to you than they do anyone else who claims to have such things, because its is often difficult for even intelligent and experienced individuals to distinguish genius from well-expressed garbage. There must be something that elevates that unique and valuable perspective you bring to a problem above the swirling mess and noise generated by the blabbering and shouting competition, and the thing is, if you really have a valuable perspective to contribute, you owe it to not just yourself, but to your country, even humanity.

There is one asset, if you are otherwise unknown, that will provide that elevation besides the inherent virtues of your brilliant idea, and that is authority...a book, a connection everybody knows and respects, or, perhaps most of all, academic credentials. And there are two things that will make it impossible to raise your special contribution above the throng, and they are a conflict of interest, and a reputation for hiding the truth. These are the murderers of trust.

This brings us to the strange case of Elizabeth O’Bagy, a senior analyst at the Institute for the Study of War, who managed to get the Wall Street Journal to publish her analysis of the civil war in Syria, and her conclusions, based, we were to assume, on her study, analysis and time in the country, regarding the benefits of U.S. employment of military force in the region. Continue reading →

Vote Rugby Marshall For Governor Of Virginia: It’s The Right Thing To Do!

/ Jack Marshall / 9 Comments
That's Rugby on the right...

That’s Rugby on the right…

Periodically,  the same contentious argument breaks out on Ethics Alarms after I assert my position that voters should support the candidate who is the most honest and trustworthy–the one with the most ethical character—regardless of his or her policy positions. My argument is bolstered when someone like Anthony Weiner—and fortunately there aren’t many candidates like him—  runs for office on the extreme opposite concept, that even demonstrably horrible character and dubious trustworthiness are irrelevant as long as a candidate holds the right policy views. He was just clobbered in his quest for NY mayor, getting just 5% of the vote, every one of them cast by a lunatic, porn star, mental defective or ethics dunce.  I doubt that his wife voted for him. Client #9. Eliot Spitzer, also lost in his race for Controller…and he is like Weiner.

My position is shaken when faced with a fiasco like Virginia governor’s race, where a proven huckster, Terry McAuliffe, is carrying the Democratic banner and Ken Cuccinelli is the Republican choice. (I live in Virginia.) That McAuliffe is corrupt to the core, like his pals, the Clintons, there is no doubt. He is pure Machiavelli, and worse, he is gleeful about it, like his pal Bill, but without the charisma. I learned all I needed to about McAuliffe’s character when I learned that he tried to bribe Ralph Nader to drop out of the 2000 Presidential race, but that was hardly the only evidence. Virginia Democrats disgraced themselves by nominating him. I wrote about his public dissembling here and here; I didn’t even go into his dubious financial dealings andthe strange way —well, if you think cronyism is strange— he got rich investing in Global Crossing—as I said, the sliminess of his character has never been in doubt.

Cuccinelli, however, is worse: he’s just unethical in different ways. Continue reading →

Ayo Kimathi And The Freedom To Hate

/ Jack Marshall / 40 Comments

center_image

Ayo Kimathi, an African-American, is an acquisitions officer for Immigration and Customs Enforcement ( a section of the Department of Homeland Security), and has been, apparently without incident, since 2009.  He also operates and authors a web site, War on the Horizon, which predicts an “unavoidable, inevitable clash with the white race,” and explains how to prepare for it.

The latter fact is none of the government’s business, nor yours, nor mine, and certainly not that of Sarah Palin, who in her own inimitable style of making ignorance catchy and cute, exclaimed on her Facebook page, “His side ‘job’ running the ‘War On the Horizon’ website was reportedly approved by supervisors. Really, Fed? Really? Unflippingbelievable!”

No, it’s not. You can scour the government regulations and ethics requirements all you want—I have (Palin hasn’t.) There is nothing in them that prohibits a government employee in the Executive branch from espousing any political position he pleases, or that bans outside activities that do not interfere with the duties of the employee or constitute a conflict of interest. Nor should there be. As I read the rules, Kimathi had no obligation to ask permission to run his website, because his supervisor had no authority to stop him.

It is called freedom of speech, my friends.

Deal with it. Or rather, cherish it. Continue reading →

Here’s Something Else For Unemployed Law Grads To Worry About

/ Jack Marshall / 16 Comments
Damocles, Attorney at Law

Damocles, Attorney at Law

A legal ethics specialist with the D.C. Bar, speaking at the Bar’s mandatory ethics course, opined that a lawyer’s student loan debt could create an irresolvable conflict of interest preventing him or her from taking on certain cases, at least while complying with the ethics rules

I never thought about that before, but horrors!…he’s right! Continue reading →

The Cesspool of Government Ethics: Louisiana Edition

/ Jack Marshall / 1 Comment

 

Comparing ethics to Ms. Jones' position is apples to Oranges...

Comparing ethics to Ms. Jones’ position is apples to Oranges…

Are government ethics at all levels really getting worse, or is it just that we have more and easier access to the evidence than we used to? I hope it’s the latter. I fear it’s the former. Certainly I have never seen anything as disgusting as San Diego Mayor Filner’s determination to stay in office as evidence mounts that he is a serial sexual harasser and a menace to any woman who is unfortunate enough to come within arm’s reach. Despite the fact that the number of women coming forward to accuse him has reached eleven (actually I haven’t checked since last night…it’s probably more by now), and despite polls that show that two-thirds of the city’s voters think he should resign ( the other third are Democrats, which should, but won’t, cause some critical self-examination by the party that claims to be on the right side in “the war against women”), Filner refuses to do the honorable thing, and instead will force the city to spend millions on a recall.

The carnivals of the shameless in San Diego and New York have been keeping less spectacular but equally troubling tales elsewhere from getting proper attention. In Louisiana, for example, where ethics has always meant something other than, well, ethics, we have this  sequence of events.

Orange Jones is the executive director for the New Orleans chapter of  Teach For America. Which she was elected to the state Board of Elementary and Secondary Education, the state’s Ethics Board chose to declare, in opposition to the recommendation of its own attorneys, that the obvious conflict of interest—Teach For America bids on state teaching contracts, which are awarded by the board—wasn’t one, on the disingenuous theory that Jones was only the head of the city’s Teach For America operations, not the whole state’s. Continue reading →