consent

The Supreme Court Saves An Ethics Principle

/ Jack Marshall / 2 Comments

Mayor Quimby is honest about being corrupt. Isn't that good enough?

Rescuing the states’ power to insist on more ethical conduct from their elected legislators, The U.S. Supreme Court ruled Monday that there was no Constitutional prohibition on state rules against legislators voting on issues in which they have a private, personal interests.

The unanimous decision upheld a Nevada ethics law that governs when lawmakers recuse themselves from voting on official business because they might have conflicts of interest. The challenge to the  law came from Michael Carrigan, a conflicted city council member from the Sparks, Nev., who was reprimanded by the state ethics commission after he voted  on a casino proposal though his campaign manager had been hired as a consultant to the project.

The law prohibits a public official from voting on an issue when a “reasonable person” would suspect a conflict because of financial ties or the interest of a spouse or family member. This is the essence of “the appearance of impropriety.” It also includes “any other commitment or relationship that is substantially similar” to those spelled out.  Carrigan had argued that the Nevada’s law was overly broad and that he should be able to vote on the project, so long as he disclosed his relationship with the consultant.

Ah, disclosure! Continue reading →

Legal Ethics Train Wreck on “The Good Wife”

/ Jack Marshall / 2 Comments

Oh, Alicia, Alicia...what have they done to you?

The CBS legal drama “The Good Wife” continues to show the seamy side of big firm legal practice, with heroine Alicia Florrick’s firm, Lockhart, Gardner and Bond, its adversaries, and even Good Alicia herself violating legal ethics rules with abandon, and at an accelerating rate, based on recent episodes. There is nothing wrong with this as entertainment, as long as the Rules themselves are not being misrepresented (they aren’t), the misconduct isn’t being presented as ethical (it isn’t, though it is sometimes hard to tell), and viewers don’t get the idea that this is how most law firms behave. Unfortunately, like most legal shows, “The Good Wife” fails in this important realm. I work with many large law firms, and they are all very aware on the ethical lines, bold or fuzzy, that they must not cross, and take their obligations seriously.

The most recent episode of “The Good Wife,” entitled “Getting Off” included a full-fledged ethics train wreck sparked by the firm’s habitually unethical adversary, the fecund Patti Nyholm. In the middle of representing the defendant hospital in a lawsuit brought by a Lockhart, Gardner and Bond, Nyholm is fired by her firm and removed from the case. With a twinkle in her eye, she approaches none other than the Lockhart firm to represent her in a multi-million dollar lawsuit against her former firm for discrimination and wrongful termination, on the theory that it fired her because she was pregnant. Continue reading →

Ethics Hero: Arizona Governor Jan Brewer

/ Jack Marshall / 8 Comments

There is hope for Arizona yet...

Earlier, I wrote about a bill passed by the Arizona legislature that would broadly allow religious practices and beliefs to trump professional obligations, ethics codes and discipline. The bill, SB 1288, directed in part:

A. Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person’s exercise of religion.

B. Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person’s refusal to affirm a statement that is contrary to the person’s sincerely held moral or religious beliefs, regardless of whether those beliefs are specifically espoused by a recognized church or religious body…

C. A person’s exercise of religion is not unprofessional conduct.

It was widely assumed, including by me, that Republican governor Jan Brewer would sign this stunningly awful bill into a law which would allow any practice that could be called “religious” to be immune from community, cultural and professional norms of right and wrong unless they were explicitly illegal. She did not. She vetoed it, an act of responsible leadership and political courage.

You can read her veto letter here.

Consenting To Be Beaten

/ Jack Marshall / 7 Comments

Bought and paid for.

Ethics Alarms has frequently used the analogy of a drunk paid by cruel bar patrons to dance for their entertainment as an example of how using money to persuade a desperate, impaired or foolish individual to allow himself to endure humiliation or harm is still unethical and cruel, despite the supposed “consent” of the victim. PETA’s attempt to pay Nadya Suleman, a.k.a. “Octomom” was recently cited in this context in the post about painting homes as billboards. Now, from St. Petersburg, Florida comes an even more horrible example. Shefights.net, a locally operated website that sells videos (for up to $900) of scantily clad or semi-nude women beating up men, has been paying homeless men, drug addicts and street alcoholics $50 for submitting to  12-minute videotaped beatings by attractive females. Continue reading →

Arizona’s Anti-Ethical Free Exercise of Religion Bill

/ Jack Marshall / 5 Comments

While I was worrying about the unethical nature of so-called “conscience clauses,” which allow certain professionals, like pharmacists, withhold their services when they clash with the professional’s religious convictions, the Arizona legislature was cooking up something unimaginably worse. Last week the Arizona House of Representatives passed and sent to the Governor Brewer to sign into law SB 1288, a mind-blowing bill prohibiting the denial of occupational licenses or positions on public bodies because of an individual’s exercise of religion.

The soon-to-be-law states:

A. Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person’s exercise of religion.

B. Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person’s refusal to affirm a statement that is contrary to the person’s sincerely held moral or religious beliefs, regardless of whether those beliefs are specifically espoused by a recognized church or religious body… Continue reading →

Backtracking on Virtual World Ethics

/ Jack Marshall / 7 Comments

 

Anything unethical about these guys?

I was wrong.

New technology challenges our ethics because we have no immediate frames of reference to rely on. The situations created by the use of new technology require us to reach back to things we are more familiar with for guidance, and we risk choosing comparisons that prove to be superficial and inaccurate over time. This is the trap I fell into when I first approached the question of whether a player’s misconduct —or rather his avatar’s misconduct—in virtual worlds like World of Warcraft and Second Life could be unethical. My frame of reference was video games, role-playing games like Dungeons and Dragons,  and games generally. If engaging in Second Life is analogous to playing a game, then vandalizing someone’s home in cyberspace is no different from invading another player’s country in Risk. If “Warcraft” is essentially similar to playing a video game, then “killing”  an avatar is no more unethical than mowing down enemy soldiers in Medal of Honor.

And if virtual games were fantasies, I reasoned, then declaring anything that took place in their boundaries unethical was tantamount to policing thought. Thoughts are not unethical;  actions are. Case closed, right? Continue reading →

Ethics Quiz: The Re-cycled Sperm Trick

/ Jack Marshall / 14 Comments

I think we all will agree that a woman obtaining a man’s semen via oral sex, secretly saving it, and using it to impregnate herself is unethical, correct? And that even if some fool court requires the deceived man to pay child support, the entire episode is outrageously dishonest, irresponsible and unfair?

This apparently happened to a Chicago man five years ago, and he is suing his former Lewinsky for the infliction of emotional distress. This seems inadequate. The use of a man’s sperm to produce his child without his consent in a surreptitious, deceitful manner should probably be a criminal offense—applying the Ethics Alarms principle that the law must often step in when ethics fail—and your challenge is to determine:

  • What conduct should the theoretical law prohibit?
  • What is an appropriate punishment for violating the law, as in the Chicago case?
  • How, if at all, should the law address the welfare or the innocent child?

Or do you think there should be a law at all?

My answer, after I’ve absorbed all of your wisdom, will follow.

On a related note, one upside of this revolting incident may be that it ends the ridiculous, Bill Clinton-fertilized argument that fellatio isn’t sex. I sure hope so. If only this had happened to Bill…what a great Lifetime movie it would have made!

[Again, thanks to Jeff Hibbert for the tip.]

What Your Boss Shouldn’t Ask You To Do

/ Jack Marshall / 32 Comments

"And I won't dress like that, either!"

Reading all the comments from readers who think sick children and their mothers have the right to demand our time and attention, no matter what our own needs and responsibilities may be, made me think again about a persistent issue in the workplace. What constitutes a reasonable and fair request from an employer to his employees, other than to do their jobs diligently, honestly and well?

I have encountered this issue several times in my career, and it impeded that career, such as it is, more than once. For example, I do not believe that an employer can tell you, or even ask you, to participate in a charity of the employer’s choosing. He, she or it cannot demand that you spend your weekends painting the houses of the poor, either. Nor is it ethical for an employer to make you play softball or climb mountains under the bizarre conviction that these activities improve office performance. Continue reading →

“Books for Christmas?!” A Christmas YouTube Ethics Lesson…For Parents

/ Jack Marshall / 3 Comments

Last year, a three-year old opened a Christmas present and told off his parents when he discovered a book instead of a toy. So amuses were the parents at their offspring’s absence of gratitude and manners that they put the video of his disappointed response on YouTube. This Christmas, the video has gone suddenly viral, and there are dozens of web posts all over cyberspace holding the little ingrate up as an exemplar of all that’s wrong with Christmas, children, America, materialism, and more. Many commenters are suggesting just desserts for this budding illiterate, like no Christmas presents at all, nothing but books as presents from now until puberty, or nothing but books by Dean Koonzt, Sarah Palin, or  Marcel Proust. That’ll teach him. Continue reading →

Ethics Fouls and Julian Assange’s Rape Case

/ Jack Marshall / 7 Comments

Well, well, well, Mr Assange!

How does it feel to have your own embarrassing and confidential information leaked to the media and publicized to the world?

On the sound ethical principle that two wrongs doesn’t make a right, The Guardian acquiring and publishing the leaked police report relating to Assange’s rape charges in Sweden is no less unethical because Assange is a smug foe of confidentiality. Nevertheless, it is hard to recall an instance when seeing the tables turned on someone was so satisfying. Ethics foul: Whoever leaked the records, and The Guardian for printing them. But thanks anyway.

It is satisfying for reasons other than delicious irony. Continue reading →