fairness

How Unethical Is This Feature Story? Let Us Count The Ways:

/ Jack Marshall / 18 Comments

Next amusing list from the Houston Press: "Ten Hottest Serial Killers"!

The feature, courtesy of the Houston Press, and I’m not making this up, is headlined  “The Ten Hottest Women on the Texas Sex Offenders List”, which is sure to make another list somewhere, “The Ten Most Offensive Ideas for a Feature Story.” The author, Richard Connelly, introduced his list of child-molesting hotties by writing,

“We combed through 15 of the biggest counties in Texas and came up with the ten hottest women in the database. Warning: In some cases, we picked out the best of a series of mugshots. Alternative choices were starkly different. So click on each link before you send any marriage proposals.”

What was wrong with this article, besides the obvious drawbacks that it wasn’t funny or satirical, and that the women weren’t hot (but then, who takes a hot mug shot)?

Let’s tally them up: Continue reading →

The Giordano Decision, Sympathy and Malfunctioning Ethics Alarms

/ Jack Marshall / 6 Comments

Sympathy and empathy are wonderful and admirable qualities, but they can mess up ethics alarms but good, causing them to ring out with gusto when perhaps they shouldn’t be set off at all.

This, I’m sorry to say, is what seems to be going on with the public and the media in the wake of a North Carolina judge denying Alaina Giordano primary custody of her two children,  in part because Giordano has Stage IV breast cancer, and in part because she is unemployed. Giordano is upset and nobody can blame her for that. She has also started a website exhorting readers to “Say NO! to CANCER discrimination!” There is a Facebook page (of course) rallying support for her, and it already has over 14,000 fans. An online petition to the governor called “Do Not Allow NC Judge To Take Alaina Giordano’s Children Just Because She Has Cancer ” has more than 75,000 signers.

Yet there is nothing inherently unethical, illogical or unfair about family law Judge Nancy E. Gordon awarding custody of 11-year-old Sofia and 5-year-old Bud to their father, who lives and works in Chicago, rather than to their mother, who lives in Durham, and has breast cancer that is most likely terminal. Continue reading →

The Freeland Community School District Law Suit: Just or Joke?

/ Jack Marshall / 9 Comments

It’s time for another Ethics Quiz!

Freeland (Mich.) High School Marcie L. Rousseau has already been sentenced to prison for committing sex crimes with one of her students, but the matter is hardly over. The student’s lawyer says he is seeking at least $1 million in damages in a lawsuit  naming Rousseau, the Freeland Community School District, Freeland Superintendent Matthew A. Cairy, Freeland High School Principal Jonathan Good and former high school Assistant Principal J. Barry Weldon Jr. as defendants. The suit alleges negligence, and that the three administrators “neither completed a proper investigation nor reported the findings as they had a legal and ethical obligation to do,” despite having sufficient information to alert them that Rousseau was having sex with her student, who was 16 at the time.

This is pretty standard stuff. What is causing some skepticism and hilarity around news rooms, coffee machines and the Internet, however is this: the lawsuit  claims that the young man has suffered and continues to suffer “physical, psychological and emotional injury” because of the illicit relationship with Rousseau, which the law suit claims “was non-consensual”  and which, according to police reports, included at least 100 instances of sexual intercourse and at least 75 other sex acts between May 2009 and February of 2010.

Your question:

Is the law suit’s contention that the young man participated in various forms of sex with his teacher against his will inherently absurd and dishonest when it includes 175 sex acts in a nine month period? Continue reading →

Comment of the Day: “The Jaundiced Eye of Noam Chomsky”

/ Jack Marshall / Leave a comment

You can find the original post here, and under it, my response to this comment by reader Trafford Gazsik. I’d say that Christopher Hitchens’ rebuttal to Chomsky, linked in the post, and my post about the ethics of bin Laden’s execution address the issues raised, make up your own mind.

“I like Chomsky and as a non-American, I can assure you that rather than filling my head with anti-American sentiments, his writings have reassured me that America remains a country populated with mostly decent people and that the world at large should not give up on the place just yet.

“I’m interested to know which part of Chomsky’s analysis you do not agree with:

– Do you disagree with the assertion that the Bin Laden ‘takedown’ was an assassination?

– Do you reject the assertion that the assassination took place within the territory of another sovereign state without the knowledge or permission of the government of that state, in clear contravention of international law and customs?

– Do you deny that Bin Laden had not been tried in any court, and was for legal purposes, an innocent civilian of Non-US nationality residing in Non-US territory? Continue reading →

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 →

Ethics Dunce: Tucson’s NBC Affiliate KVOA

/ Jack Marshall / 14 Comments

Next  Monday night’s“Law & Order: LA” episode involves “a crazed gunman” who “goes on a rampage at a political rally, killing a state senator.” Sound’s upsetting. Hmmmm...where have I heard of something like that happening?

Oh, right.

Tuscon, Arizona, where the NBC affiliate, KVOA  has decided that residents are not only too traumatized  to view such an episode “ripped from the headlines,” but apparently to be in the same city where anyone else can view it. Station president and general manager Bill Shaw explains that “the Tucson community is still going through the healing process” and NBC’s show has too many similarities to “that horrible day.” KVOA will broadcast the episode on May 17 starting at 1:05 a.m, because…gee, I can’t figure out what the logic is. To make the show as difficult and inconvenient as possible to see for those in the Tucson area who want to see it?  To punish NBC for broadcasting it at all? This is paternalism of the most offensive and insulting kind.

The censorship of the TV episode is an abuse of the station’s responsibility to the community, and if I was in a position to do so, I’d pull KVOA’s license. Who are the station execs to decide what network fare is or isn’t too traumatic for its viewers? Why would a Tuscon resident who would be traumatized by a fictional drama based on January’s tragic events in the city watch the show? Why shouldn’t a viewer who feels up to the task be allowed to see what everyone else in the country is watching? If the episode is a masterpiece, or sets off a national debate, what right does Bill Shaw have to take Tucson citizens—of all people— out of the debate?

The station’s decision is unfair, disrespectful, presumptuous, an abuse of power and, as is often the result of such ingredients, utterly, utterly stupid.

Me, Wrestling With Bias, And Losing

/ Jack Marshall / 6 Comments

A large part of being ethical involves being aware of your biases and minimizing their impact on your conduct. As I recently was reminded, this sounds easier than it is in practice.

Searching yesterday for an Ethics Alarms topic, I came across an interesting, if not earth-shaking, issue of legal ethics that had obvious applications to other professions. Tracking down the source of the story, I discovered that the original idea was posted by a lawyer-blogger who in the past has gone out of his way to denigrate me professionally and personally on the web. He has also insulted me directly. Outside of that, though, he is by all accounts a terrific lawyer, an astute commentator on the legal profession, and, I’m sure, the salt of the earth.

Still, I don’t feel like sending readers to his site. Not only did the guy, unfairly, set out to harm me professionally, but he probably would do so again. I have no reason to do something that benefits him, nor is there any reason for me to try to curry favor with him: he owes me an apology, and I know I am never getting it.

I could link to one of the blogs and websites that picked up and elaborated on his post, but that would be unfair: I try to link to the originator of a useful ethical discussion as a matter of fairness and recognition. 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 →

What Do you Call A Newspaper That Defends Outrageous Journalistic Practices? How About “Di Tzeitung”?

/ Jack Marshall / 9 Comments

If Di Tzeitung had covered the Civil War

If I could pronounce it, the Brooklyn-based Hasidic newspaper Di Tzeitung would be useful shorthand  for “shamelessly using rationalizations to defend indefensible conduct.”

Last week, the newspaper ran the now-familiar photo of President Obama, Secretary of State Hillary Clinton, and others in the White House Situation Room, except that in Di Tzeitung’s version, Clinton  and the only other woman present, Director for Counter-terrorism Audrey Tomason, had magically vanished. Di Tzeitung had airbrushed them out, Politburo-style.

Of course, publishing the photo of a historic news event and altering it to convey misleading or false information (in this case, “Hillary wasn’t there”) is a substantial and wide-ranging violation of core journalism ethics, a breach of the reader’s trust, unfair, dishonest, misleading, incompetent and disrespectful. The altered photo was alternately condemned and mocked all over the media and blogosphere. Yet Di Tzeitung is largely unapologetic, and made it clear that it would do the same thing again if the opportunity arose. In a prepared statement, the editors explained why they did nothing “wrong”…well, almost nothing…challenging the Olympic record for rationalization by a news organization along the way: 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.