ethics

Appearance of Impropriety II: “Here’s Approval For That Deal You Wanted…What? Sure I’d Like to Work for You! Wow, I Never Saw THAT Coming!”

/ Jack Marshall / 5 Comments

What's there to be suspicious about?

Meredith Attwell Baker, a member of the Federal Communications Commission who voted to approve Comcast’s takeover of NBC Universal in January, is leaving to  become senior vice president of government affairs for ….Comcast-owned NBC Universal.

Hey, why are you so suspicious, you jaded cynic, you? Comcast says it did not begin discussions with Baker about a possible job until after the takeover had her seal of approval. So it’s all on the up and up! Right? Right?

Okay, let’s say we believe that, since doing otherwise would amount to bribery. It doesn’t matter, and I don’t care. Taking a major job with  a company whose back you scratched with a favorable ruling as a government regulator looks terrible, promotes public distrust, erodes faith in regulatory structures, and is unethical. There are other jobs in the world for people with Baker’s credentials; she doesn’t have to take one that makes the U.S.  government’s business regulatory apparatus look like it’s fixed.

A condition of any regulator’s employment with a federal agency should be a pledge that he or she will never accept a paid position for a company that has benefited from the regulator’s rulings…not in a year, not in a decade, not ever.

Appearance of Impropriety I: Federal Judge in a Whites Only Club? Ethical, As Long As He Doesn’t Like The Policy. Wait…WHAT?

/ Jack Marshall / 7 Comments

Our Motto: "Trying to find a qualified black member for 110 years...and still looking!"

Is it an ethical violation for a Federal judge to belong to a whites-only country club?

Sure it is. Was that so hard?

Apparently for a judicial appeals panel in Tennessee, it is.

In May of 2008, an anonymous woman complained to the chief judge of the 6th Circuit Court of Appeals that Federal bankruptcy  Judge George Paine II’s  membership in the ritzy Belle Meade Country Club violated the judicial ethics code of conduct that decrees that judges “should not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin.”  This was a reasonable complaint to make, since the judicial codes for both Federal judges and Tennessee judges say that…

 CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES

2 C   A judge shall not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin. Continue reading →

The Unfair and Dishonest Regulation…of Interior Decorators?

/ Jack Marshall / 24 Comments

Deadly in the hands of an amateur

I stumbled on this as my wife and I investigated the possibility of her setting up a business as an interior design consultant. 22 States and the District of  Columbia require a license to be an interior decorator, which technically means, as Reason so pointedly puts it, that moving a throw pillow could theoretically get you jailed or fined.

How can this be? All professional licensing creates a bar to membership, making such licenses targets of Libertarians and other critics. But at least most professions requiring a license have a plausible argument for the certification based on health and the protection of the public welfare. Lawyers, doctors, dentists, builders, electricians…that makes sense. Real estate brokers, teachers, personal trainers…er, okay, I guess so. But interior decorators? Isn’t this just an example of nakedly restricting competition, and using the sordid process of buying state legislators to do it? What other justification could there be? Continue reading →

Ethics Quote of the Week: Washington Post Columnist Michael Gerson

/ Jack Marshall / 8 Comments

“In determining who is a “major” candidate for president, let’s begin here. Those who support the legalization of heroin while mocking addicts are marginal. It is difficult to be a first-tier candidate while holding second-rate values.”

—-Washington Post columnist and former Bush advisor Michael Gerson, pronouncing presidential candidate Rep. Ron Paul’s Libertarian endorsement of drug legalization ethically unacceptable.

Gerson’s deconstruction of the all-too-common and increasingly ominous calls for legalizing addictive drugs nicely captures the trio of ethical flaws of the advocacy: it denies the crucial and legitimate government role defining responsible conduct for society, it embraces the myth that recreational drug use “does no harm,” and it is arrogant and selfish, condemning the poor and reckless to problems that their fragile resources cope with, in order to bestow a dubious “freedom” that the drug advocates do not need. Continue reading →

The Jaundiced Eye of Noam Chomsky

/ Jack Marshall / 23 Comments

I’ve been enduring, teeth gritted, the America-hating propaganda of Noam Chomsky since my college days. He is a brilliant linguistics professor who has credibility as a social critic only because his world view—briefly put, that the United States is evil, and anything that indicates otherwise is the result of a conspiracy–has been so supportive of and nurturing to the extreme Left. It is hard to quantify how much harm he has done to this nation or how many potentially productive minds, foreign and domestic, that he has warped with his bile, but I am sure it is substantial on both counts.

We are fortunate, I guess, to have his assessment of Osama Bin Laden’s death, recently published and available for reading here. The piece is res ipsa loquitur that the man is so consumed with unreasoning hatred for his country that he cannot process the truth or think straight, but I know that plenty of Chomsky followers will be cheering. Thus I am grateful that Christopher Hitchens has authored an admirable take-down of the professor, here.

Lying to Dogs

/ Jack Marshall / 12 Comments

Could you lie to this dog?

I am looking at a box of “premium dog treats” that my sister gave Rugby, my Jack Russell Terrier. (All right, she gave the stuff to me to give to Rugby.) The box says that they are “ridiculously delicious.” I have just offered him one of the “natural wellness nuggets” because we are temporarily out of regular dog biscuits and he is clamoring for his afternoon snack, driving me crazy in the process. You don’t want to be in the room when a Jack Russell clamors.

He refuses to touch it. In the past, he has spat them out; occasionally he will throw them around the house like an Olympic discus thrower would do if he had no arms and could only use his mouth. Clearly, Rugby doesn’t believe the damn things are edible. Continue reading →

The Great Norwalk Kindergarten Heist

/ Jack Marshall / 8 Comments

The Tanya McDonald controversy

A homeless woman is facing 20 years in prison if she is convicted of stealing over $15,000 of Norwalk, Conn. taxpayer funds. The details of her crime are controversial: she lied about her residence to get her child into what she believed was a better school system, but one that, as non-resident, she was not entitled to use. The details also create a tangled mess of law, justice, ethics, fairness, compassion, public policy, finances, class and education.

Let’s try to unravel it, shall we? Continue reading →

Mother’s Day Reflections On A Wonderful Mother With Flawed Ethics

/ Jack Marshall / 1 Comment

My mom and Ma Barker had some things in common.

I am spending this Mothers Day in mourning, as today is the first time I have had to experience the holiday without a mother. My mom died earlier this year, as I mentioned here at the time, and she has been buried for less than a month. My mother used to be a regular feature of my ethics seminars, as I would reference her whenever I talked about the so-called “Mom Test,” one of the three famous ethics tests that are useful to set off sluggish ethics alarms, the other two being the Gut Test (“Does this feel wrong?”) and the New York Times Test (“Would I be willing to see my conduct on the front page of the New York Times?”). The “Mom Test” is whether you could tell your mother about your ethically-dubious conduct without hesitation or shame, and I often told my classes that with some mothers, like my own, this test didn’t work very well. “My mother,” I would explain, “has the ethics of Ma Barker.” I was only partially kidding. Continue reading →

Guess Who Invited Donald Trump to the White House Correspondents Association Dinner?

/ Jack Marshall / Leave a comment

OK, who's the wiseguy that brought the skunk to the picnic?

I missed it, but the Washington Post of April 28 revealed who it was that invited Donald Trump, fresh from a month of trying to make the President’s citizenship a campaign issue while denigrating Obama’s integrity, legitimacy, and honesty, to the annual light-hearted White House Correspondents Association dinner, where the President is always a featured “performer.” It was buried in the gossipy Style section, but there was the culprit. Who invited him?

The Washington Post invited him, that who.

Inviting Trump to that event is in approximately the same good taste as inviting blogger Pamela Geller to a Park51 (a.k.a. “the Ground Zero Mosque”) controversy, or allowing a group of “Truthers” to crash a testimonial to Dick Cheney.

What could the Post have been thinking? “He’s a fascinating figure to Washington right now!” the Post’s representative breathlessly explained on the 28th. We are to assume, then, that if the dinner was being held this week and Osama bin Laden hadn’t been dispatched (most respectfully, of course) to Davy Jones’ Locker, the Post might have invited Osama’s bullet-riddled corpse to slump at its table.

The Post was stirring the pot, is what it was doing, and that is not the media’s proper of ethical role. If the intention was to set up Trump, who had been called everything from a joke to a fool to a thug to a racist by various Post writers only days before, to be insulted to his face by host Seth Myers and the President, that is taking sides in the news rather than reporting it. If it the intent was to position volatile elements together in the hopes of sparking a story, that is unethical  journalism too.

The paper got both results that it presumably desired: Trump was a sitting duck at the dinner, and then he embarrassed himself by later complaining about the skewering he so richly deserved. It also, not for the first time, showed how rusty those old ethics alarms are at the offices of Washington, D.C.’s most prestigious newspaper.

[Thanks to sharp-eyed Post reader Robert Sher.]

Ethics Hero: Washington Post Columnist Carolyn Hax

/ Jack Marshall / 1 Comment

I’m breaking some precedent here: I don’t usually pick Ethics Heroes based upon writing alone, and I don’t usually reprint long sections from someone else’s column. But relationship advice columnist Carolyn Hax has long displayed a brilliant feel for ethical analysis, and expresses it sharply and entertainingly to the great benefit of her readers. Good general readership ethical analysis is all too rare, and she deserves accolades.

Today she provided as clear and as deft a lesson in how responsibility, honesty, fairness, bias and accountability work as I can imagine, while chiding a man who wants to rescue a younger woman from the relationship he didn’t have the guts to pursue herself. It shows her at her best, and is impeccable ethics as well. Brava!

Here is the inquiry and Hax’s response: Continue reading →