fairness

Unethical and Unfair Advertising With No Laws or Rules Against It…So That Makes It OK, Right?

/ Jack Marshall / 4 Comments

Justice Holmes warned about people like this.

From Wisconsin we have a perfect example of how new technology creates opportunities for the unethical to find new ways to exploit it, uninhibited by either basic fairness or formal ethics rules that were written before the technology was available.

The Wisconsin law firm Cannon & Dunphy purchased the names of the two named partners of their biggest competitor in personal injury law, the firm Habush, Habush & Rottier, for a sponsored link, meaning that  every search for “Habush” or “Rottier” produces an ad for Cannon & Dunphy at the top of all the search results.  incensed that their names were being used to promote their competitor, Robert L. Habush and Daniel A. Rottier sued, alleging a breach of privacy and a misuse of their publicity rights. Milwaukee County Circuit Judge Charles Kahn Jr. rejected the suit, holding that purchasing a competitor’s name as an advertising key word on the Internet is reasonable commercial use. Continue reading →

Return to a Sore Subject

/ Jack Marshall / 1 Comment

"Does anybody care?"

[NOTE: An unusually busy travel schedule combined with terrible hotel WiFi and a week that was already stuffed with juicy and provocative ethics stories resulted in my not fulfilling my duties very well the last three days, for which I apologize sincerely. I’m going to make every effort to catch up this weekend.]

Rep. Weiner resigned at last, noting that his district and its constituents deserved to have a fully functioning representative in Congress, and that he could no longer fulfill that role. True enough, though one has to ask (or at least I do): if the people of Queens and Brooklyn deserve better representation than a hard-working, if dishonest, obsessed and twisted, pariah can offer, what about the people of the 8th District of Arizona, who have a representative who can’t funtion in her post at all?

I was going to wait until the six-month mark in Gaby Giffords’ rehabilitation to raise this matter again, since that will mark a full 25% of the Congresswoman’s term that she has been unable to serve, but the combination of Weiner’s resignation and the news of Giffords being released from the hospital created too much dissonance for me to ignore. I fully expect that I will be writing some version of this post 18 months hence, after Rep. Giffords’ entire Congressional term has passed without her voting on a bill or answering a constituent’s letter. To quote the singing John Adams in “1776,”: “Is anybody there? Does anybody care?”

Reports from various medical personnel enthused that Giffords has made remarkable progress, and “seems” to understand “most’ of what is being said to her, though she still has trouble articulating responses. That is great progress for someone who has some of her brain blown away by a gunshot at close range, but it sure doesn’t sound like someone who is going to be making a persuasive argument on the House floor any time soon, or ever. So are we serious about this running the country stuff, or aren’t we? Continue reading →

As Weiner Finally Goes, Some Lessons That We Already Should Know

/ Jack Marshall / 6 Comments

I’m sitting in the Washington, D.C. offices of  NPR, waiting to go live at 11 AM. with some ethics commentary about the imminent resignation of Rep. Weiner. He is finally doing the right thing for the wrong reasons, just as his Democratic colleagues are defenestrating him for the wrong reasons. Once yesterday’s old photos surfaced showing Weiner in women’s underwear, his fate was sealed…although it was really sealed already. His forced resignation was inevitable, and the fact that the Congressman was unable to see it so that he could preserve some shred of honor by doing his duty as soon as his disgraceful conduct became public shows how wretched his judgment is.

The 56% of his constituents who, according to polls, thought that he should remain in his job demonstrated their complete lack of understanding of the requirements of leadership and ethics. They weren’t the only ones. It has been fascinating, though depressing, to read the comment threads on various websites and blogs covering the Weiner story, because they are so similar in their rationalizations. The categories, and reasons why they are so misguided, are:

  • “Lots of the people criticizing Weiner engage in dubious inline conduct themselves; they are hypocrites.” No, they are non-leaders. When you accept the responsibility of leadership, you accept the duties of  integrity, honesty, and honorable conduct. Rep. Weiner gave up the right to behave as sleazy as the guy we never heard of next door when he ran for office. Continue reading →

All-Star Election Cheaters: The Boston Red Sox and the San Francisco Giants

/ Jack Marshall / 5 Comments

The Major League Baseball All-Star Game team voting by the fans is hardly a model of fair democracy. Most fans vote for their favorites rather than the best qualified players, and are not very informed even about their favorites. They also are guided more by loyalty than analysis, choosing local heroes over more accomplished players from another team. In other words, it’s basically the same as political elections.

Well, there are other factors that make the All-Star Game voting less than admirable. You can vote up to 25 times from each e-mail address, giving an edge to computer geeks. The teams in the biggest cities and with the best attendance have an advantage over the rest, because there are more of their fans voting. And players on teams like the Phillies, Dodgers, Red Sox, and Yankees that are on national TV a lot, along with last season’s World Series adversaries, the Texas Ranger and the San Francisco Giants, have more name recognition nationwide, giving their players another unfair edge.

Still, it is an election, the votes count, and the various franchises should be trying to uphold whatever minuscule smidgen of integrity the current system has. The Boston Red Sox and the San Francisco Giants, however, don’t think they have enough advantages in the  All-Star voting already, and have found a loophole in the rules that allows them to cheat. Continue reading →

Phony Online Lesbian Ethics

/ Jack Marshall / 9 Comments

Lesbian blogger Paula Brooks

When the media and internet were buzzing about the shocking discovery that the celebrated blogger “A Gay Girl in Damascus” was really “A Straight American Man in Scotland” who had fooled all his readers and followers through the lie-machine called the Internet, one of those who expressed shock and criticism of the hoax was Paula Brooks, the deaf lesbian editor of the popular lesbian news blog, Lez Get Real. When a man who said he was Brooks’ father told Washington Post reporters who called to interview the blogger that they could only speak to her through him because of her hearing disability, the reporters did some checking. Son of a gun: Paula’s “father” was really Paula, who was really Bill Graber, a straight, married, former construction worker.

Observations: Continue reading →

Comment of the Day on “Girl Talk and Bigotry Ethics…”

/ Jack Marshall / 8 Comments

We had it coming, apparently...

This comment, from new visitor Linda, exemplifies the kind of thinking that too many Americans believe pass for “ethics.”  In response to my post about a Christiane Amanpour-led  panel on her Sunday morning public issues show that celebrated male-bashing and gender bias, Linda’s response is essentially…

1. You “men” have done worse to us.

2. We have the right to get even.

3. You can dish it out but you can’t take it.

4. We have the right to be bigots too.

Indeed women do have the right to be bigots, but journalists like Amanpour abuse their own First Amendment rights when they use the freedom of the press to advance naked bigotry, and women like her panelists disgrace their own principles when they move from seeking fair and equal treatment for themselves to asserting superiority and advocating gender bias. Continue reading →

Ethics Train Wreck On Facebook: Jessica Studebaker and the Sneaky Voelkerts

/ Jack Marshall / 4 Comments

The imaginary Jessica Studebaker

David and Angela Voelkert are so obviously perfect for each other. It’s just a tragedy that they can’t get along.

By the time the couple’s multiple deceptions were sorted out, Angela had been scared out of her wits, David had spent four days in jail, and federal prosecutors looked like they had never heard of Facebook. The perfect recipe for an ethics train wreck—lies, more lies, and incompetence—and that’s exactly what they got.

Last Friday, the FBI arrested David Voelkert, 38, a South Bend, Indiana man who had recently exchanged messages with a 17-year-old Facebook friend named Jessica Studebaker. As described in an FBI affidavit, Voelkert’s Facebook exchanges with Studebaker included telling her that he had placed a GPS device in his ex-wife’s car to surreptitiously monitor her movements, and that he was looking for “someone to take care of” Angela Voelkert, so the teen “ should find someone at your school…that would put a cap in her ass for $10,000.” Continue reading →

Another Dead Canary

/ Jack Marshall / 15 Comments

The bald eagle isn't feeling so good either...

Eric Kleefeld of Talking Points Memo reports that Wisconsin Democrats are now pondering whether they should plant fake Republican candidates in Republican primaries, since the GOP has declared that it intends to plant fake candidates in the Democratic primaries, which could delay the general elections from July to August, and complicate the Democratic primaries while the GOP incumbents run unopposed.

The Democrats are being egged on by a labor-backed progressive group called We Are Wisconsin, which has stated: Continue reading →

Girl Talk and Bigotry Ethics: Celebrating One-Way Gender Bias on ABC

/ Jack Marshall / 30 Comments

Christiane Amanpour just led a jaw-dropping roundtable discussion on her ABC Sunday morning talk show, “This Week with Christiane Amanpour,”as three female guest commentators ( Torie Clarke, the former assistant secretary of defense for public affairs in the Bush administration: Cecilia Attias, the former first lady of France and founder of Cecilia Attias Foundation for Women, and ABC’s Claire Shipman)
and Christiane discussed how the convergence of  Former IMF director Dominique Strauss-Kahn’s attempted rape charges and Rep. Anthony Weiner’s travails has created a possible tipping point, in which the nation will finally come to the realization of a fact that these women have known all along: women are just plain better than men when it comes to leadership, management, decision-making, and conflict resolution.

The sweeping generalities, stereotyping, and flat pronouncements of male inferiority were unrestrained. Continue reading →

Ethics Quiz For Rep. Weiner Defenders: Would You Still Think He Shouldn’t Resign If He Did THIS?

/ Jack Marshall / 7 Comments

Just add his daughter's head, and you have Rep. Gerber's fantasy date.

The Sixth District Court of Appeal in San Jose just ruled that Joseph Gerber, a California man who used his computer to create sexually explicit photos by pasting images of his 13-year-old daughter’s head onto the fully mature, naked bodies of porn performers in lewd poses, was wrongly convicted of possessing child pornography. After all, the pictures didn’t show minors engaging in sex acts, just fully legal adults with his daughter’s head, which apparently really turned Dad on.

The decision is unquestionably correct from a legal standpoint: no children were harmed to create the photos, and they did not depict child porn of any kind, except in Mr. Gerber’s fatherly mind.

Thus the Ethics Alarms question for Alec Baldwin and the reported 56% of New Yorkers who say that sexting, lying Representative Anthony Weiner should not resign his position because of his personal habit of sending smiling photos of his penis and other body parts to porn actresses, scheduling skype phone sex while his pregnant wife is away, and other similar activities, lying it all the while until lies became impossible: Continue reading →