Loop-Hole Ethics and The New York Times

The NYT’s website paywall plan floats in a sea of holes.

Ariel Kaminer, author of “The Ethicist” column in The New York Times Magazine, made an interesting assertion in her answer to a reader who asked about whether he could exploit several loop-holes in the Times’ new paywall plan for its website.

Noting that he was a struggling freelance journalist who visits the Times website often, he asked if it was unethical for him to use his parents’ free access to the content, since they are subscribers.  Then he Mused about other scenarios. “If I buy online access, can I share the password with my live-in girlfriend, even if I move to New York for the summer? What about our other housemates?” Continue reading

Now We Know: 22.5% of Business Execs Don’t Know What Ethics Is

The Potter Factor: is 20% too much?

David Sokol was widely believed to be the anointed successor to billionaire Warren Buffett at the helm of Berkshire Hathaway Inc. until he resigned unexpectedly, following shocking revelations about his personal stock trading. Clever Sokol! He purchased ten million dollars worth of shares in Lubrizol Corp., a chemical company, then persuaded his boss, Buffett, to acquire it. Buffett agreed, the purchase swelled the values of the stock, and Sokol then sold his shares at a hefty profit, about 3 million dollars.

Sokol lost his job over the transaction, which has tarnished Buffett’s reputation, but he got his money. He appears to have found a neat little loophole in the insider trading prohibitions, which make it illegal for an individual to profit from investments made with the assistance of information that is not generally known. If Sokol knew that Buffett was going to purchase Lurizol and bought the stock to profit from it, he could be headed to jail. Because he made the purchase before he and Buffett discussed the deal, however, he’s only heading to the bank. Galling as it is, most authorities agree that he broke no laws.  Continue reading

Comment of the Day: “Finis: The New Black Panthers Voter Intimidation Affair”

Michael, who also just made a “Comment of the Day”-worthy point regarding the recent post about schools banning homemade lunches for students (you can read it here), makes an important point about reports that dismiss allegations of government misconduct as “unsupported.” There is an obvious parallel with the public’s misinterpretation of verdicts finding the likes of O.J. Simpson (who did kill his wife and Ron Goldman) and Barry Bonds (who did lie to a Federal Grand Jury) “innocent” because the government prosecutors did not meet their burden of proof “beyond a reasonable doubt.” Here is Michael’s Comment of the Day on the post, Finis: The New Black Panthers Voter Intimidation Affair: Continue reading

The “Baby Emma” Saga Revisited: The Core Issue

Didnt King Solomon have a case like this once?

When the mother of the child an unmarried father co-created with her decides that she doesn’t want to/ can’t raise the child and doesn’t trust the father to raise her, is it ethical to put said child up for adoption without notifying or consulting the father?

That is the ethical issue the “Baby Emma” incident, first discussed here in an earlier post, ultimately raises. It is a question that I did not discuss in that post, focusing instead on the father’s conduct and his current plight, as self-described on his “Baby Emma” website. I made three ethical assessments, each of which are self-evident:

1. The whole situation would have probably not occurred if John Wyatt and Baby Emma’s mother had been married before conceiving a child.

2. Both of them were irresponsible to plan on having a child together without formalizing a mutual commitment to form a family and raise the child together…that apparently archaic institution known as “marriage.”

3. The mother betrayed John’s trust, deceived him, and treated him unfairly.

I also suggested that, absent a marriage, it is fair and reasonable that the mother of a newborn be able to put the child up for adoption if she deems that course better for the child than being raised by the child’s father. I did not say that was the law, or even that I would vigorously oppose a law that directed otherwise, as Virginia’s law does. I only stated that my own belief is that incentives for irresponsible parenthood are unwise. I have been asked why I focused on the issue I did, rather than the other ethical issues raised by the controversy. It was because the issue was brought to me with the presumption that John Wyatt, the father, was a blameless and unequivocal victim in the matter. My ethics alarms sounded: he has significant ethical accountability for the mess, and I explained why.

As to the answer to question above, I can only say this: it depends. The conduct of Baby Emma’s mother is mysterious and extreme. Did she panic? Did she have a mental break? Why would a lifetime friend and partner of a man conceive a child, pretend to plan to raise her with him, and then secretly negotiate to have the baby adopted and taken out of state?

I see many scenarios that could be behind her decision, which fall into three distinct categories: ethical, unethical, and too close to call: Continue reading

Just So You Know The Legal Profession Is Trying…

The Massachusetts bar has suspended a lawyer for six months for running an advertisement on Craigslist offering to write  papers and essays for students to turn in as their own. The state Board of Bar Overseers of the state Supreme Judicial Court issued a memorandum April 1 announcing that lawyer Damian R. Bonazzoli was suspended from practice.  He also lost his job lost his job with the state Appeals Court.

Good. Continue reading

Finis: The New Black Panthers Voter Intimidation Affair

The Justice Department’s Office of Professional Responsibility, a careful, professional, non-partisan group charged with reviewing allegations of U.S. Government attorney misconduct, released the report on its investigation of the contentious Civil Rights Division handling of the case of two paramilitary-clad members of the New Black Panthers, one carrying a club, who appeared to be at a Philadelphia polling place in November 2008 for the purpose of intimidating voters. The men were videotaped, and the YouTube  video of them standing at the polling place was provocative, to say the least.

To briefly recap:  Voting Rights Act prosecution was initiated by the Bush Justice Department, and subsequently scaled down by the Obama Justice Department. Two career Civil Rights Division attorneys resigned over the handling of the incident, alleging that political appointees within the Obama Administration had pushed a policy of not prosecuting African-Americans under the Act—in other words, race-based enforcement. Continue reading

Love Isn’t Enough: the “Baby Emma” Saga

Too bad Baby Emma's father didn't see "Juno" first...

This, from the birth father’s perspective, is the strange story of “Baby Emma,” a newborn whisked out of Virginia by her mother to be adopted by a couple in Utah, which has unusual laws that seem to circumvent fathers’ rights in others states:

“My name is John Wyatt,  the birth father of Baby Emma Wyatt,  born February 10, 2009 in Woodbridge, Virginia.  I have never held my daughter in my arms or even been allowed to see her in person.  My daughter has never had her Daddy hold her and say “I love you” to her, or hug her and kiss her.  Baby Emma and I have been denied those precious moments together.

“Imagine this happening to you: as a 20 year old, you have been friends with the mother since second grade and you have dated since middle school. You anxiously make preparations with the mother of your child, your childhood sweetheart,  for the arrival of your new baby.  You go to the doctor’s appointments, you rub the mother’s belly and feel your baby moving and kicking in the womb.  Both of you pick out the name.  It’s so exciting, you can hardly wait for the arrival of your new baby!! You look forward to what you expect to be the happiest moment of your life, to be with the mother and baby at birth…Both of you make plans on raising the baby together.  Continue reading

The Saga of the Racist Juror and the Angry Judge, Chapter Two: “Never Mind!”

 

"Oh! You're REALLY a racist? That's OK then...I thought you were LYING about being a racist, and I just hate that!"

When we last left Federal Judge Nicholas Garaufis, he had just sentenced a potential juror to jury duty for life because of her racist and anti-police answers on a jury questionnaire. Then many commentators, including Ethics Alarms, pointed out that punishing a woman for her views, however offensive, was an abuse of judicial power. I wrote:

 

“This was outrageous abuse of power by a judge, and a slam dunk First Amendment violation. Her opinions are ugly, but there is nothing illegal about having ugly opinions, and  government punishment based on a citizen’s opinion is a dangerous Constitutional breach. A judge can’t dictate how a potential juror thinks or what she believes. He can’t take vengeance on a woman who is hateful, either. She has a right to her hate.”

Today the judge released the woman from the lifetime sentence, saying that it really wasn’t her racist views that angered him, but rather that she had made an obvious attempt to get out of jury duty by putting offensive answers on the jury questionnaire. “My ruling was not based in any way upon whether or not you held any racist views. It was apparent you did not tell the truth,” Judge Garaufis told the woman. “You were the only juror who indicated that you had every form of bias imaginable. You were lying to the court in order to be excused.”

Ah, It wasn’t that she was a racist, but that she pretended to be a racist.

What a minute..huh? Continue reading

Outrageous Corporate Conduct 2011: Transocean’s Unconscionable Bonuses

"Sure, but other than THAT: great night at the theater, right?"

I believe that much of the time the corporate sector is unfairly treated by the media, politicians, and the public. Part of this conviction arises from my experience working at the U.S. Chamber of Commerce, directly under its current president when he was a rising young Turk. I dealt with corporate executives every day, and got to see the challenges of big business from their side. Most of the time, they struck me as genuinely concerned about workers, communities, fairness, while believing, of course, that an unfettered private sector was in the economic interest of everyone.

Increasingly, however, I see corporate behavior that is so arrogant, so transparently greedy, so contemptuous of the public’s intelligence, so blatantly, obnoxiously wrong that I wonder if it was all a dream. There was AIG, accepting billions from American taxpayers to save it from the consequences of its own fiduciary crimes, immediately spending some of it on lush retreats and parties for its executives. There were the leaders of Goldman Sachs, telling gape-jawed U.S. Senators that, no, they didn’t see anything unethical about selling their trusted clients investment products so awful that the company made money betting on their failure. There are the U.S. banks, hoarding their money and refusing to refinance mortgages that were unconscionable to begin with,  preferring to make the nation’s economic problems worse by foreclosing on families’ homes rather than making a good faith effort to undo a human and social catastrophe that was substantially of their own making.

Now comes the news that Transocean Ltd., owner of the Deepwater Horizon oil rig, has announced that it is giving millions of dollars in bonuses to its executives after “the best year in safety performance in our company’s history.”  Which seems perfectly reasonable, unless you want to make a big deal over that one little Gulf oil spill incident last April…you know, the one that began when a Transocean oil rig exploded, killing eleven people including nine Transocean employees. Continue reading

Ethics Quote of the Week: Michelle Marie Gopaul

"But I'm not a bad person!"

Everyone thinks I’m a bad person but I’m not a bad person.

—- Actress/model/child-stealer Michelle Marie Gopaul, pleading guilty in a Toronto court to one count of child abduction. Gopaul, 25, was arrested Dec. 31 after police recovered one-month-old Roma Patel. The baby disappeared four hours earlier at  a western Toronto production studio during a fake casting call set up by Gopaul to  attract a baby for her to steal.  The child”s parents had responded to an ad on Craigslist that offered $15,000 in compensation for allowing their baby to be used in a film. Continue reading