fairness

Funny! But Unfair.

/ Jack Marshall / 4 Comments

Here’s conservative news aggregator Matt Drudge’s top of the page lead headlines at the moment…

If you are going to try to make the (silly and petty) argument that there is something unseemly about the President taking a break from the heavy lifting his job entails to indulge his passion for March Madness basketball, then make it. Implying it this way is snide and unfair; it reminds me of the trouble the Harvard Crimson got into years ago when its printer placed a photo from an art exhibit that appeared to depict two young people engaging in oral sex right next to a headline that read, “New Cafeteria Opens at Radcliffe.”

Funny!  But still wrong.

As I’m sure Matt Drudge knows this.

He just doesn’t care.

Ethics Lessons of the Great Lotto Betrayal

/ Jack Marshall / 6 Comments

Let's see how many friends you can buy now, Amerigo...

After more than a year and a contentious trial, a New Jersey jury has unanimously determined that hard-hat worker Americo Lopes cheated five co-workers out their fair shares of $38.5 million in lottery winnings. Each was awarded a $4 million share. The evidence presented in the trial was mostly circumstantial, and the case came down to what the jury believed, whom they trusted. Go figure: they chose not to believe the man who organized a lottery pool with his co-workers, collected their money and bought New Jersey lottery tickets with it routinely, and then, when he found himself with a winning ticket in the Mega-Millions game…

  • Didn’t tell any of the group.
  • Claimed he was going on leave to have surgery,
  • Quietly quit without returning,
  • Claimed that the winning ticket was bought with his personal funds, not the pool’s,
  • Argued that none of the men were friends of his and
  • Reportedly said at one point, “With all that money, I can buy new friends.”

Gee, who wouldn’t believe such a terrific guy? Continue reading →

The Ethics Verdict on the Homeless Hotspot Project

/ Jack Marshall / 22 Comments

BBH Labs, the innovation unit of the international marketing agency BBH, hired members of the Austin, Texas homeless population to walk around carrying mobile Wi-Fi devices, offering high-speed Internet access in exchange for donations. Thirteen volunteers from a homeless shelter were hooked up to the devices, given business cards and put in shirts with messages that designated them as human connections. “I’m Rudolph, a 4G Hotspot” read the label on the homeless man on the New York Post’s front page with the lead, “HOT BUMS!”

The Walking Hotspots—now there’s a new horror series for AMC when they run out of zombies— were told to go to the most densely packed areas of the South by Southwest high-tech festival in Austin, Texas, where the technology trend-devouring conventioners often overwhelm the cellular networks with their smart phones. Attendees were told they could go up to a Homeless Hotspot and log on to his 4G network using the number on his T-shirt. A two-dollar contribution to the homeless man was the suggested payment for 15 minutes of service. BBH Labs paid  the wired-up homeless $20 a day, and they were also able to keep whatever customers donated.

What BBH called its “charitable  experiment” ended yesterday with the conference, and with all participants seemingly thrilled. The “Homeless Hotspot” gimmick got nationwide publicity, thirteen homeless men made some money, and conference participants got great connectivity…so why were so many people upset? Continue reading →

“The Good Wife” Ethics Addendum: Why Misrepresenting the Legal Profession’s Standards Does Real Harm

/ Jack Marshall / 3 Comments

Sure, it was a comedy, but how many people believe that Jim Carrey's compulsively lying lawyer was not that far from the truth?

A comment from reader Penn on my post about “The Good Wife’s” recent misrepresentation of legal ethics standards got me thinking, and what it got me thinking was that I was too easy on the show.

Penn asked why I waste my time watching programs that raise my blood pressure, and there are two answers. The first is what I wrote back: it’s not a bad show; in the past it has been a very good one, even from the legal ethics perspective. I have used several scenarios from episodes in seminars.

The second answer, which I didn’t mention in my response to Penn, is the more important one, however. Good show or not, millions of Americans get their information about the legal profession from the portrayal of lawyers and law on TV and in movies. From these fictional sources, they think they know that most lawyers are liars, that they allow their clients to lie, that they put witnesses on the stand who they know will lie under oath. The public thinks that lawyers abuse the law, don’t earn their fees, don’t give a damn about their clients (unless they are sleeping with them), switch sides routinely and confuse juries to release serial killers on more victims. Continue reading →

Ethics Quote of the Week: Ethics Alarms

/ Jack Marshall / 1 Comment

“The lesson: the absence of respect for the opinions of others, accompanied by a lack of humility and a surplus of contempt for fairness and civility, will doom even intelligent, talented and hard-working individuals to inevitable failure, because they cannot be trusted, not by employers, not by colleagues, not by friends.”

—Me, from January of last year, writing about the demise of Keith Olbermann at MSNBC

Rush, Sandra, Bill, and Jack, plus many, many others, please—please— take note.

Ethics Quiz: The Problem of the Buried Video

/ Jack Marshall / 14 Comments

"He stole my vote!"

The video is meaningless. It shows college student Barry Obama speaking at a 1991 rally for radical college professor Derek Bell. At one point, the future president hugs Bell. So what you say? No kidding. That doesn’t mean that the anti-Obama truth squad wouldn’t try to make something out of it; indeed, they are now. The video has surfaced as Andrew Breitbart’s farewell poke in the eye to Democrats, and it’s not much of a poke.

The only interesting aspect of the tape is that Harvard Law professor Charles Ogletree said that he had the video and buried it during the 2008 campaign.  “I hid this during the 2008 campaign,” Ogletree said. “I don’t care if they find it now.”

Your Ethics Quiz: Is it unethical for an individual to hide theoretically damaging material relating to a presidential candidate he favors until after the election, if the material in fact contains nothing that would affect the vote of any individual with  intelligence superior to that of the average civic-minded horseshoe crab?

My answer: Definitely. I don’t care whether the information is extra-marital affairs, drug use, a DUI or appearing at a frat party in a tutu. No one has the right to withhold information, even stupid and useless information, from the media and electorate.  If the information is relevant, then the public has a right to know about it. If it isn’t, as this tape appears to be, then why hide it? If the tape was intentionally kept from the public, the conduct can’t be defended on the basis that it did no harm—the intent was to do harm. If one person would have changed his vote because he doesn’t want a President who ever hugged Derek Bell, even though that person is probably a fool, no one had no right to take away that vote through deception.

It’s all hypothetical, apparently, because Prof. Ogletree has explained that his “confession” was a joke, and was understood as such when he made it, if not reported that way. [Thanks to Barry Deutch for the link.]

So nobody hid anything, and those those horseshoe crabs who voted for Obama weren’t deceived after all.

Self-Promotion Department

/ Jack Marshall / 20 Comments

Fortunately, you won't have to look at me...

I’ll be “appearing” on NPR’s “Tell Me More” tomorrow with Michel Martin, discussing the NFL’s bounty scandal and maybe another issue or two. Check local times in your area, or just plan on rearranging your sock drawer.

Leroy Fick, Meet the Honorary “Ms. Fick 2012.” On Second Thought, Don’t.

/ Jack Marshall / 10 Comments

Amanda Fick, er, Clayton

Following in the despicable footsteps of Leroy Fick, the  Michigan millionaire lottery winner who collects food stamps because of a loop-hole in the law (and whose name, “fick,” has made the Ethics Alarms glossary as the word for someone who is willfully, openly and shameless unethical), here comes a Ms. Fick, a.k.a Amanda Clayton. She says that she is entitled to food stamps despite having two homes and a million dollar lottery prize that will leave her with $500,000 in the bank. No need for me to be creative here; what went for the Original Fick goes for her as well:

“What ethical principle doesn’t his conduct violate? He’s not responsible; he’s not accountable; he’s not fair. He doesn’t respect his fellow citizens or their opinions. He’s not loyal to his state or his community. He’s not compassionate, and I wouldn’t trust him to walk my dog: he’d probably sell him.  Is he honest? Applying for food stamps is an act that declares that you need them to eat, because that’s the only reason they exist: Leroy Fick isn’t honest.”

Ditto the honorary Ms. Fick, 2012, Amanda Clayton. And if there are any eugenics practitioners out there, please try to keep these ficks from ever getting together. That’s all Michigan needs…a litter of little Ficks.

Thanks to tgt for the tip.

Ethics Train Wreck Chronicles: Villains, Victims, Hypocrites and Unlikely Heroes In the Contraception / Limbaugh / Fluke Debacle

/ Jack Marshall / 66 Comments

If this isn’t the Ethics Train Wreck of the Year, we have something truly horrible in store for us down the line. A no-so-brief brief re-cap:

  • The Obama Administration announces that church-run institutions like hospitals and universities will still be required to offer insurance coverage for abortions, sterilizations and other medical matters that might be in direct opposition to church beliefs. It’s a cynical move, designed to cater to the Democratic base at the expense of religious institutions. It is also irresponsible, since it jeopardizes the huge proportion of medical services performed by church institutions.
  • Conservatives scream that the measure is a breach of religious freedom. The is either ignorant or a lie. The Constitution has no provision requiring the government to make special accommodations for churches or church-operated institutions.
  • Caught by surprise by the intensity of the backlash, the Administration crafts a “compromise,” which is essentially deceitful sleight-of-hand, form over substance. The insurance companies now have to provide those services but the religious institutions don’t have to pay for it. But of course they will, through increased premiums elsewhere.
  • Flagging the deceit, Republican attacks on the measure continue. Democrats successfully frame the debate as a conservative attack on contraception, which it is a misrepresentation, and a “war on women,” which is ridiculous and unfair. The issue is churches being forced to provide or pay for services that violate their faith—which the government has every right to do.
  • The controversy activates GOP presidential candidate Rick Santorum, who is a fringe extremist in sexual matters and toes the Roman Catholic line. He really thinks birth control is immoral. This position, which is unethical, is suddenly given exposure it doesn’t deserve in the 21st Century Continue reading →

Super Tuesday Confirmation Bias Lesson, Or Why We Can Never Trust Media Analysis

/ Jack Marshall / 4 Comments

Checking the Republican primary results as Super Tuesday neared an end, I got an unexpected demonstration of confirmation bias in the news media, so vivid that it could be used in an educational video.

On CNN, John King, Gloria Borgia and the gang were analyzing the razor-close contest in Ohio, widely regarded as a must-win for Rick Santorum, just as Mitt Romney seemed to be pulling ahead for good. Welcome news for Romney? Not so fast!

Gloria Borger, whose contempt for all things Republican is always writ large on her face and unmistakably expressed by her tones of disdain (Does she even attempt to appear objective? It doesn’t seem so, as her demeanor when discussing GOP politics always suggests to me that she thinks she is covering some kind of demeaning novelty event, like a four-poster bed race or a dwarf-bowling, that the audience knows as well as she does is a colossal waste of time), vigorously took the floor and emphasized that Romney was winning in the very communities where Democrats were strongest, and losing to Santorum where Republicans usually did well. This, she said, eyes rolling (“I can’t believe I’m here talking about Republicans when I could be home watching a repeat of ‘Big Bang Theory!'”) showed that Romney would be in likely trouble if he were the nominee in November, since his strength would be wasted in Democratic strongholds and he wouldn’t be getting the support of the blue-collar types that a Republican presidential hopeful couldn’t win Ohio without. “To illustrate Gloria’s point,” King interjected, and then produced a computer graphic showing Romney’s fatally flawed vote patterns. Everyone nodded sagely. Mitt’s victory in Ohio showed that he was a loser.

Meanwhile, over at Fox, they were discussing the exact same phenomenon. Local politics maven Michael Barone weighed in, and said that this could bode well for Romney in November. John McCain, though losing Ohio in 2008, still “cleaned up” in the blue color districts, noted Barone, so even though Santorum was beating Romney there tonight, they could be still counted upon to go Mitt’s way in 2012 when Obama was the opposition. Meanwhile, the well-educated, wealthier areas that gave Barack Obama the critical swing state’s electoral votes that year have in the past swung Republican, and Mitt’s showing with that group tonight just might indicate that he could seriously cut into Obama’s strength, taking the state red. And Michale Barone knows his stuff, the Fox-ites gushed. Continue reading →