fairness

When Does A Nasty E-Mail Exchange Constitute Punishable Unethical Conduct?

/ Jack Marshall / 1 Comment

Now we know—at least when Florida lawyers are concerned.

Tampa lawyer Nicholas F. Mooney  and Palmetto lawyer Kurt D. Mitchell received suspensions from the Florida Bar and the Florida Supreme Court after an escalating e-mail exchange that  continued over six months.

A lack of civility is considered a breach of professionalism in all jurisdictions, but not an ethical violation calling into question fitness to practice law—the standard for bar discipline—unless it is extreme, and usually not until there have been warnings issued. Apparently this particular spat was just too much for the Bar to take, perhaps because it reflects badly on the entire profession. Continue reading →

Ex-Rep. Steve Driehaus and Sore Loser Ethics

/ Jack Marshall / 1 Comment

Former U.S. Rep. Steve Driehaus (D-Ohio), who lost his seat last November to Republican Steve Chabot, is suing an anti-abortion group for making statements that he says misled voters about his stance on abortion, leading to his demise at the polls.

In his defamation lawsuit, Driehaus argues that the Susan B. Anthony List lied about him in public statements and then sued him for trying to stop the group from posting misleading billboards, thereby “depriving him of his livelihood.” Driehaus, who campaigned as an anti-abortion candidate, voted for the controversial national health care law, which many anti-abortion activists maintain supports taxpayer-funded abortion. Driehaus argued and still maintains that the claim was false, and that the law bars any federal funding of abortion.

Driehaus’s suit is unethical and  ridiculous. Continue reading →

The Second Annual Ethics Alarms Awards: The BEST of Ethics 2010

/ Jack Marshall / 1 Comment

The Best in Ethics 2010. Not nearly long enough…but still a lot of men, women and deeds worth celebrating.

Most Important Ethical Act of the Year: Continue reading →

Ethics Dunce: Red Medicine Owner Noah Ellis

/ Jack Marshall / 9 Comments

Red Medicine is a Beverley Hills restaurant; Noah Ellis is the owner. S. Irene Virbila is the Los Angeles Times restaurant critic, who, like most U.S. food critics, works at staying anonymous, which she had successfully done for sixteen years. Not being recognized served the needs of diners, who want to know what the food and service is likely to be at an eating establishment when the customer isn’t preparing to write a critique that can make the difference between a restaurant’s long-term success or failure.

Last week, Noah Ellis intentionally destroyed Virbila’s ability to perform this service, or at least made it more difficult. Continue reading →

The Second Annual Ethics Alarms Awards: The Worst of Ethics 2010 (Part 1)

/ Jack Marshall / 8 Comments

Happy New Year, and welcome to the Second Annual Ethics Alarms Awards, recognizing the Best and Worst of ethics in 2010!

This is the first installment of the Worst; the rest will appear in a subsequent post. (The Best is yet to come.) Continue reading →

Hall of Fame Ethics: The Jeff Bagwell Dilemma

/ Jack Marshall / 5 Comments

Members of the Baseball Writers Association of America have been turning in their ballots for the Hall of Fame, their collective totals eventually determining which retired major league baseball stars will have plaques in Cooperstown. If you follow baseball closely, you are aware of the big debates this year: Is Tim Raines worthy? Will Bert Blyleven finally make it? Has Alan Trammel been unfairly neglected? What about Jack Morris and Roberto Alomar? If you don’t follow baseball, you couldn’t care less, and I pity you. One controversy this year, however, should be of interest to non-fans as well as fans, because it involves the proper application of the ethical principles of fairness and equity in an environment of doubt. It is the Jeff Bagwell dilemma. Continue reading →

The Ethics of Reviewing “Spiderman: Turn Off The Dark” During Previews

/ Jack Marshall / 3 Comments

John Simon, long the toughest of American theater critics and undeniably the most erudite and eloquent writer among them, has launched a blog. His very first post is on an ethical issue: is it ever appropriate for a critic to review a Broadway show that is still in previews?

The issue has emerged because the much-anticipated and incredibly expensive Spiderman musical, Spiderman: Turn Off The Dark, has been engulfed in all kinds of intrigue since the very first preview: falling actors, injuries, malfunctioning sets and special effects, and most recently the surprise withdrawal of the show’s leading lady. A couple of critics, Jeremy Gerard of Bloomberg News and Linda Winer of Newsday could not resist paying for tickets and coming uninvited to performances, resulting in one diagnostic feature story on the production’s progress (by Winer) and one full, and not very complimentary, review by Gerard. Simon properly calls foul, describing the act of reviewing a show before its official opening as the equivalent “grabbing a dish from a restaurant kitchen before it is fully cooked, and then judging the meal by it.”

Exactly. The critics have their rationalizations ready, naturally. The musical is the most expensive in Broadway history. Is that a reason to suspend critical fairness? There is unusual interest in the show and its pre-opening travails. Should the degree of interest suspend long-standing critical standards? The usual excuse, also trotted out in this case, is that preview audiences are paying regular show prices—up to $300 a seat—to see the production right now. Isn’t this a case of “the public has a right to know” if the show is a stinker or not?

No, it isn’t. Broadway audiences know that previews are early glimpses of works in progress, and that is part of their appeal. The audiences for previews are part of the creative process, for how they react to a performance will help decide what stays and what gets cut. The prices they pay for the privilege of being Broadway guinea pigs are fair if they choose to pay them. Continue reading →

No-Tolerance Idiocy of the Year: Southern Lee High School in Sanford, N.C.

/ Jack Marshall / 7 Comments

Ethics Alarms has not yet completed its annual Best and Worst of Ethics lists for 2010, but I’ll hand out this title right now.  The persecution of student Ashley Smithwick, 17, of Sanford, N.C., has all the elements that make no-tolerance enforcement of school rules ethically offensive: a lack of common sense, absence of proportion, dismissal of empathy, rejection of fairness and justice, disregard for the welfare of an innocent child, and most of all, incompetent, cowardly, utterly stupid school administrators.

Yes, I think we have a winner. Continue reading →

Boseman v. Jarrell: A Gay Mother Tries to Use Legal Discrimination To Her Advantage

/ Jack Marshall / 39 Comments

Julia Boseman and Melissa Jarrell were domestic partners in Wilmington, North Carolina, and always wanted to raise a child together. In May of 2000, they decided to make their dream a reality, and began the process of having a baby. They decided that Melissa would do the child-bearing, but Julia would be equally involved in the process in every other respect. They  chose an anonymous sperm donor together after researching and discussing various options. They jointly attended the medical session necessary to conceive their child and to administer proper prenatal care. Julia read to the gestating child in Melissa’s womb and played music for him; she also cared for Melissa during her pregnancy and was present at the birth. Melissa and Julia jointly chose their son’s first name, and agreed that he should have a hyphenated last name composed of their surnames. In every way, they behaved publicly and privately as the parents of the child, introducing him into their respective extended families.

But North Carolina refuses to recognize same-sex marriages, so in the eyes of the state, Julia was not legally a parent. To remedy this obstacle, she sought and received a court order adopting the child without severing her partner’s legally recognized parental rights. Officially, their child now had two, same-sex parents. Then the couple split acrimoniously, with the acrimony greatly magnified when Melissa sought to limit Julia’s contact with her son.

Julia sued, arguing that she was the child’s parent as much as Melissa. Continue reading →

A Missing Dollar, a Jackpot, and Seven Lousy Friends (UPDATED)

/ Jack Marshall / 6 Comments

Gordon Gekko was full of it. Greed isn’t good, and the Hacienda Hills Country Club lottery ticket affair proves it. It is also an example of when the legal resolution of a controversy is very complicated, but the ethical verdict is a cinch.

For nine years, 72 year-old Jeanette French was part of the group of retirement community residents and employees at the Villages’ Hacienda Hills Country Club that pooled money each week to buy Florida lottery tickets, each putting in a dollar. She didn’t make it to the Golf Shop where the group met one lottery day, but that French didn’t think that was a problem: the established practice was that another member of the group would put in a dollar for the missing member, who would pay him or her back the next day. The day that Jeannette had other commitments, her group bought what turned out to be the winning ticket, to the tune of $16 million in the Florida lottery.

Yippee! Jeanette’s seven good friends, however, now argue that she has no right to a share of the winnings, because nobody put in that dollar for her. Continue reading →