fairness

Roshomon, Good Citizenship And Ethics: The Case Of The Concerned Stranger And The Indignant Father

/ Jack Marshall / 70 Comments

“O wad some Power the giftie gie us To see oursels as ithers see us!”

—Robert Burns bystander-effectJeff Gates, a writer and adoptive father, contributed a thought-provoking column in the Washington Post’s Outlook section this weekend, describing what seemed to him to be a traumatic experience at Cape May. It begins…

“After my family arrives on the Cape May ferry for our annual vacation to the Jersey Shore, I take pictures of our two daughters on the ferry’s deck as we leave the harbor. I’ve been doing this since they were 3 and 4 years old. They are now 16 and 17. Each photo chronicles one year in the life of our family and our daughters’ growth into the beautiful young women they have become….On that first day of vacation, the sea was calm and the sky a brilliant blue. As I focused on the image in my camera’s viewfinder, the girls stood in their usual spot against the railing at the back of the boat. I was looking for just the right pose…Totally engaged with the scene in front of me, I jumped when a man came up beside me and said to my daughters: “I would be remiss if I didn’t ask if you were okay.”

He goes on:

“It took me a moment to figure out what he meant, but then it hit me: He thought I might be exploiting the girls, taking questionable photos for one of those “Exotic Beauties Want to Meet You!” Web sites or something just as unseemly. When I explained to my daughters what he was talking about, they were understandably confused. I told the man I was their father. He quickly apologized and turned away. But that perfect moment was ruined, and our annual photo shoot was over.”

Many of us might laugh off the experience as a funny anecdote, but not Gates, and not his daughters. He is Caucasian and they are both of Chinese heritage, having been adopted as infants in China by Gates and his wife. He obsessed about the incident for a while, and worked up sufficient indignation to track down the man and confront him, saying “Excuse me, sir, but you just embarrassed me in front of my children and strangers. And what you said was racist.” Continue reading →

The Michael Sam Botch: Back To Square One…Or Worse.

/ Jack Marshall / 25 Comments
You must remember this: A kiss can be a miss...

You must remember this: A kiss can be a miss…

Sportswriters are gamely putting a positive spin on it, but they are lying or deluded: Michael Sam’s failure to make the St. Louis Rams squad and the subsequent decision of every other team (there are 32 of them) to pass on his services as well means that Sam’s quest to become the first openly gay player to be drafted by and make the roster of a pro football team was not just a failure, but may have even set his cause back a year or ten.

Or maybe that wasn’t his cause at all. Maybe a gay player whose skills left him a borderline draftee at best made a calculated decision that his best chance was to shame the NFL into drafting him by announcing his sexual orientation, and gamble that he could shine enough in camp to make the team. The genius of this strategy, if that’s what it was, is that even if he didn’t make the team, Sam would become a celebrity, and in some circles, an icon.

Well, that part worked. What doomed the rest of the plan were, in order of importance,

  • Sam isn’t good enough to be a trailblazer.
  • The media made certain that such a big deal was made over Sam’s sex life that no NFL team could avoid wondering, “How much will having this guy around get in the way of winning football games?” From Ethics Alarms in February:

The irony is that it is the mostly positive media obsession with Sam’s status as a potential trailblazer, rather than the anti-gay hate-mongers, who diminish Sam’s chances of success with their every word. This is obvious, or should be, yet the articles and rants keep on coming. I have to believe that it is a case of sports journalists engaging in the ultimate hypocrisy, making themselves look fair, unbigoted and devoted to the cause of full gay inclusion in American life (all while making their deadlines) while simultaneously and knowingly undermining the athlete they claim to be supporting. They have to shut up, or Sam is doomed.

They couldn’t help themselves, of course, and sure enough, Sam was doomed. Continue reading →

Sen. Gillibrand and The Pigs

/ Jack Marshall / 15 Comments
"I yield to the distinguished gentleman from the sty..."

“I yield to the distinguished gentleman from the sty…”

People magazine revealed an intriguing bit of Sen. Kirsten Gillibrand’s (D-NY) new memoir, “Off the Sidelines: Raise Your Voice to Change the World” that suggests that members of the Senate are not the “Distinguished Gentlemen” they are supposed to be, at least when it comes to basic manners involving female colleagues:

“Gillibrand isn’t especially offended by her coworkers’ remarks. ‘It was all statements that were being made by men who were well into their 60s, 70s or 80s,’ she says. ‘They had no clue that those are inappropriate things to say to a pregnant woman or a woman who just had a baby or to women in general.’ ”

Now some critics on the Right are using this as a “gotcha!”, suggesting that Gillibrand is protecting Democrats from negative attention for the same kinds of conduct that Gillibrand’s party and colleagues are quick to use against Republicans in its “war on women” strategy.

This accusation is beyond disingenuous, not to mention stupid. If Gillibrand were to publicly accuse a GOP colleague of such conduct, she would be accused, by these same critics, of being a hysteric, a bad colleague, unprofessional and petty—and they would be right. No professional woman responds to this kind of crude, obnoxious, “Look! I’ve-been-hiding-in-since-1970,” training-wheels harassment by making a public accusation that embarrasses not just the individual at fault but the organization they both work for. For Gillibrand to do this in the U.S. Senate would instantly make her a pariah even in her own party.

More importantly, it would be wrong. Continue reading →

Ethics Hero: Judge Richard Posner

/ Jack Marshall / 130 Comments
Sure, you have a right to think there's something wrong with that, but the state has no business acting as if it thinks so too.

Sure, you have a right to think there’s something wrong with that, but the state has no business acting as if it thinks so too.

Because Judge Richard Posner of the 7th Circuit Court was appointed by Ronald Reagan, he is usually describes as a conservative judge. He’s better described as an unusually smart, articulate, thoughtful and courageous judge, and in responding to oral arguments  lawyers for Wisconsin and Indiana defending their state’s marriage bans, he proved it.

I have frequently attempted to draw a distinction between those guided by archaic religious morality that causes them to regard same-sex marriage as sinful, and the attempt to use the government, which must not be guided by religion to make such marriages illegal. Morality doesn’t have to be defended by logic—God works in mysterious ways, you know—but laws do. A complete evisceration emanating from a place of authority of the specious and often absent reasoning behind gay marriage bans was much needed, and knowing that he risked criticism as a “judicial bully” for doing so with gusto, Judge Posner came through.

Here is a sampling of the barrage he placed on Indiana Solicitor General Thomas Fisher and Wisconsin’s assistant attorney general Timothy Samuelson: Continue reading →

“Knee Defender” Ethics

/ Jack Marshall / 34 Comments

There are no Knee Defender ethics.

Invented for entitled jerks, by one. Is this a great country or what?

Invented for entitled jerks, by one. Is this a great country or what?

The Knee Defender is unethical,  those who advocate them are unethical, its inventor, a slickly rationalizing  ethics corrupter named Ira Goldman is unethical, anyone who uses it is unethical, and anyone who defends it is unethical.

There. Next question?

What gives anyone in the seat behind me the right to appropriate space in the plane I have paid for? I have paid for it, you know: the space that my seat can recline into is within my control, my dominion. If I choose not to avail myself of it, then the person behind me is certainly free to make use of it—until I change my mind. There is no other legitimate, logical or fair interpretation of the rights and privileges involved. Using the Knee Defender, a sinister device designed to unilaterally claim my space, is taking what is mine by force. There’s no other side to the issue.

Oh, the obnoxious, smug marketing for the thing claims otherwise:

“It helps you defend the space you need when confronted by a faceless, determined seat recliner who doesn’t care how long your legs are or about anything else that might be “back there”…

First of all, you can’t defend space you have no right to, and never owned in the first place. And don’t insult me: I have a face, and no, I really don’t care how long your legs are. Mine are pretty long too, You have to be awfully tall not to be able to extend your legs under my seat. Oh—you have baggage under there, because you stowed some obscenely large roller-board in the over-head bins? Tough. I check my large luggage so I can keep the area clear under the seat in front of me, so I can stretch out my legs, so I don’t feel I have to whine about the seat in front of me reclining, and use vigilante devices invented by a trouble-maker to stop me from doing what the airlines say I purchased the privilege of doing, do he can pick up a lousy $29.95. You can check your luggage too, you know. You can also  seat yourself behind the seats that don’t recline. But no, rather than make the effort to deal with your physical limitations by planning ahead, you think it’s acceptable to solve your problem by waging war against the unlucky traveler who happens to get the seat in front of you. Continue reading →

Burger King Ethics: What’s Unethical About Burger King’s “Tax Inversion” (And It’s Not Burger King)

/ Jack Marshall / 42 Comments

BKAs you may have heard by now, Burger King is preparing to merge with the larger Canadian equivilent of Dunkin Donuts, Tim Hortons and move the company’s headquarters to Canada. As with the proposed Walgreens move to Europe that was considered and ultimately rejected, the Burger King merger was made for tax reasons, and good ones. The good ones should be clearly explained to the American public, especially voters and those with unemployed workers in their families, but they are not. Let’s  call this BK Ethics Foul #1: news media incompetence. Because the public doesn’t understand what “tax inversion” means, they are vulnerable to having it distorted and demagogued for them by unethical politicians and pundits, and so it has been. Let us designate this BK Ethics Foul #2: the anti-corporate disinformation campaign.

The United States tax rate is  a whopping 35%, more than any other large industrial nation, even more than those that tend toward socialism. There’s nothing unethical about this, necessarily, though it can be argued that it is a foolish and self-destructive policy. Did you know, however—and I wouldn’t blame you if you didn’t, because not being an international corporation myself, I didn’t know until this issue arose—that the U.S. applies that tax to all global earnings of U.S. companies. This means that the earning of U.S. companies doing business abroad are not only taxed where they earn the profits, but also in the U.S., or as this is technically called, twice. (UPDATE: I should have made it clear that the the US does give a foreign tax credit for the money paid in taxes abroad, so the effect is not completely double tax, just two taxes.) That is definitely unfair (and also bad policy), and will be called BK Ethics Foul #3: predatory taxation.  Continue reading →

Turning In Your Own Teen For Sexting?

/ Jack Marshall / 32 Comments

sexting

I don’t understand this. I don’t understand the parents’ thinking at all.

I can understand reporting a child to the police who is a danger to others, who has committed a serious crime, who is a burgeoning sociopath or psychopath who needs to be stopped before something terrible occurs. I can understand when not doing so amounts to being an accessory and an accomplice. It has to be the most wrenching of parental decisions, but I understand these things.

This, however, I don’t understand.

In Dinwiddie County, Virginia, parents became suspicious, and checked their 13-year-old daughter’s cell phone and tablet. They discovered their daughter, soon to enter the eighth-grade, had been sending and receiving naked pictures of other teens, including those who were much older, 17 and 18.

CBS reports that the parents called in the sheriff’s office, even though it means that she might be charged with a crime.   “We did this now to protect her for now and in the future, because this could get worse. She could be taken,” she said.

She could also become the victim of an overzealous prosecutor, and end up in the criminal justice system for what is essentially pre-crime, become cynical and hardened before her time, and be permanently scarred, never to trust her parents again.

The story is sketchy, so there may be facts we don’t know. Before I would call the cops on my child at 13 for what is essentially high-tech flirting, I would consider..

  • Grounding her.
  • Taking away her electronic devices.
  • Getting her counseling.
  • Moving.

Wouldn’t you?

Why The Winooski Bacon Controversy Matters

/ Jack Marshall / 31 Comments

bacon signLast week, Sneakers Bistro and Cafe in Winooski, Vermont removed a sign reading “Yield for Sneakers Bacon” from a garden at the Winooski Rotary after a woman who described herself as “a vegan and a member of a Muslim household” called the sign offensive in an online post.

“Given the large number of Muslim families in Winooski, as well as many others who do not eat pork for a variety of reasons, it seems unnecessary for this insensitive business sign to be at the city’s main crosswalk,” she wrote. Sneakers, obeying the growing U.S. cultural mandate that any individual has a veto over words and conduct that he or she finds offensive regardless of 1) whether it is offensive to anyone else and 2) whether the alleged offense is certifiably bats, apologized, and took the sign down.

I am happy to support that this decision did not play well, even in ultra-liberal Vermont, and under a barrage of criticism on the web and elsewhere, the Sneakers’ management posted the following message on its Facebook page, thus making their situation worse:

“We are here to serve people BREAKFAST, not politics. We removed the sign that was located on public property as a gesture of respect for our diverse community. There were also concerns raised about safety. Removing it was not a difficult decision. We still love bacon. We still love eggs. Please have the political conversation elsewhere.”

That idiotic statement was the disaster anyone conscious should have been able to predict it would be. And let’s be thankful this is still true. Tomorrow, Sneakers’ response may be standard operation procedure, even if ISIS doesn’t take over the country while the President is breaking par. Continue reading →

Remember The Guy Who Wanted To Get The Giant “Murder” He Had Tattooed On His Own Neck Removed Because It Would Prejudice The Jury In His Murder Trial? That Was NOTHING. What Does A Criminal Defendant Do Who Looks Like THIS???

/ Jack Marshall / 15 Comments

Caius Veiovis

The charming face above belongs to Caius Veiovis, 33, an artist, one might say, who uses his face as his canvas, but who also is charged in Massachusetts with kidnapping, torturing and murdering three men. Now, we are told, his defense attorney is arguing that someone who not only looks like demon from hell but clearly wanted to represent himself to the world this way cannot get a fair trial because, biased fools that jurors are, they might hold Veiovis’s looks against him.

I think it’s fair to say that mad wag Caius finally provides the reductio ad absurdum of the issue I raised here in April, as Kansas murder defendant Jeffrey Chapman petitioned to have the court allow him to remove the giant tattoo that spells out the word  MURDER he  intentionally had inked around his neck, also to avoid prejudice by the jury. He was allowed to do so, citing as precedent the case of this guy,

murderers tattoos2

…who made the state pay to have a Hollywood make-up artist cover up his tattoos even though the idiot had them put on him while he was awaiting trial.
Continue reading →

Ferguson Ethics Train Wreck Monday Morning Update: Taking Sides

/ Jack Marshall / 52 Comments

When do competent, rational, fair, responsible, ethical citizens, officials, journalists and organizations take sides in a racially charged controversy involving a law enforcement officer and an individual shot and killed by that officer in an incident where the circumstances and provocation have  yet to be verified?

Simple: they don’t.

So how do we explain and characterize the decisions of so many citizens, officials, journalists and organizations to take sides in the Michael Brown shooting by Ferguson, Missouri police officer Darren Wilson? That’s simple too.

They are neither competent, rational, fair, responsible, nor ethical.

Thus we add to the passenger list of the Ferguson Ethics Train Wreck the following, who publicly took sides this weekend and today:

  • The Obama Administration. Three White House representatives will attend Brown’s funeral. This signals an official acceptance of the Brown family narrative, at this point completely unverified, that police misconduct and racism were involved in the death of their son, or if not, and I’m sure the White House will have some spin to dispute this, that is how it will be perceived by activists and how the White House wants it to be perceived. This may be good politics (though I don’t think intentional divisiveness is good, but the White House and I differ on that point), but it is horrible leadership, and a slap in the fact to all law enforcement, which is now being told by those representing the President of the United States that it is presumed to be in the wrong when there is a controversy over the exercise of force involving an African American

Continue reading →