fairness

Gizmodo and Gawker: Guilty, Greedy, and Unethical

/ Jack Marshall / 1 Comment

Count Ethics Alarms with those who hope Gawker and its affiliated gadget site Gizmodo get as many books thrown at them as possible if the iPhone theft case gets to court.

As is always the case with Gawker, a completely ethics-free operation that has snickered about its participation in other outrages—such as its “Gawker Stalker” feature allowing people to alert the world to the exact location of any celebrity who is out, you know, trying to live—the sites management is crowing about doing wrong. “Yes, we’re proud practitioners of checkbook journalism,” tweeted Nick Denton, founder of Gawker Media. “Anything for the story!” Anything including fencing stolen goods, it seems. Nicely, the law often has a way of making unethical people wish they were more ethical, and this should be an example of that.

If you have somehow missed the story all the gadget geeks are tweeting about, Gawker released a scoop photo spread on Apple’s yet-to-be-released iPhone after an Apple engineer stupidly, carelessly and unethically left a prototype that he was entrusted with in a bar. It was found by someone who understood its value and who it belonged to, and who also had no more scruples than, well, Gawker. That meant that this California law applied… Continue reading →

Complaint Ethics, With A Dash of Bias

/ Jack Marshall / 4 Comments

My wife had to deliver some documents to my son’s school, one of those large mega-magnet schools that are locked up tighter than Alcatraz during school hours to keep out drug-dealers, assassins, and street  mimes. After being blocked at “Entrance One” by a big guy in shades and a starter jacket (he looked like a club bouncer), she was sent to “Entrance Two.” There she encountered another security obstacle, a desk commanded by an imposing looking woman. There were four others seeking access. One of them, a suited gentleman, presented identification. One was identified by the woman at the desk as someone “who went to school here last year,” and he was allowed to pass the checkpoint on her recognizance alone. Another woman, who said she was a parent, also said was there to pick up something. She had no I.D., however “I’m not going to make you go back for your purse,” she was told. “Go on in.” My wife, also without her purse, was told she did have to present I.D., and had to hike back to the car and return with her driver’s license.

Should my wife report this arbitrary and obviously flawed execution of security procedures to school administrators? And a harder question..

Should she make an issue of the fact that both the woman at the desk and the parent she allowed to pass without I.D. were African American, and my wife is not? Continue reading →

License Plate Ethics: Is a Hateful Message Unethical If Nobody Understands It?

/ Jack Marshall / 12 Comments

Virginia’s Department of Motor Vehicles, following analysis worthy of the cracking of the ENIGMA code during World War II, concluded that a vanity plate reading “14CV88” was “racially offensive” and had to be pulled from the road. Prof. Eugene Volokh raises the issue of whether this violates the First Amendment (he suspects it does), but the more interesting question, at least for me, is whether there is anything unethical about displaying a message like this.

Oh! I forgot to explain to you why you too should be horribly offended at the “message!”  Continue reading →

Ethics Quote of the Week

/ Jack Marshall / Leave a comment

“For many African-Americans, these facts can be difficult to accept. Excuses run the gamut, from ‘Africans didn’t know how harsh slavery in America was’ and ‘Slavery in Africa was, by comparison, humane’ or, in a bizarre version of ‘The devil made me do it,’ “Africans were driven to this only by the unprecedented profits offered by greedy European countries.”

—Henry Louis Gates, in his New York Times op-ed, “Ending the Slavery Blame-Game,” confronting the complicity of Africans in American slavery by selling their own people to slave-traders.

Harvard professor Gates, a respected authority on race in America despite his problems with the Cambridge police, has made an admirable effort to take the issue of reparations out of the context of racial guilt-mongering and forcing advocates to deal with facts rather than emotion. The fair starting point for discussions, Gates points out, is that the ancestors of white and black Americans profited from slavery.

Does this rule out any fair and coherent allocation of slave reparations, which were conceptually problematical already? Probably, and if so, we should move on to more productive debates. Gates is brave and responsible for shining light on a genuinely “inconvenient truth.”

Mayor Bloomberg’s Off-shore Tax Havens: Legal, and Wrong

/ Jack Marshall / Leave a comment

It has been revealed that New York City Mayor Michael Bloomberg’s family foundation makes extensive use of off-shore tax havens and hedge funds in the Cayman Islands, avoiding U.S. taxes that other major foundations choose to pay. You know the Cayman Islands: that’s where the criminal law firm in John Grisham’s novel The Firm helped its Mafia clients hide their income. I’m not suggesting that Bloomberg is ripe for a takedown by Tom Cruise. I am suggesting that it looks terrible, and leaders have a duty to avoid looking terrible. Continue reading →

Ethics Hero: P.G.A. Golfer Brian Davis

/ Jack Marshall / Leave a comment

I don’t follow golf, but if this sort of thing happens very often, I may have to become a fan…in spite of Tiger Woods.

P.G.A. tour veteran Brian Davis was facing Jim Furyk in a playoff at the Verizon Heritage, and trying to finally win a P.G.A. event. His approach shot to the first hole in the playoff bounced off the green and landed in the rough. When Davis attempted to knock the ball back up to the green, his club barely swiped a weed on his backswing. The rules of tournament golf decree that touching anything lying around the ball during a player’s backswing violates  the prohibition against moving loose obstacles or impediments to a shot. The required penalty: two strokes, enough to guarantee that David would lose the play-off and his best, maybe only, chance for PGA glory, not to mention a seven figure prize.

Davis may have been the only one to notice the infraction, but golf is a game that calls for self-reporting. That’s what he did: he called the violation on himself, and made himself a loser. Continue reading →

Ethics, Punishment and the Dead Child in the Back Seat

/ Jack Marshall / 8 Comments

Washington Post columnist Gene Weingarten received a Pultitzer Prize for his feature, “Fatal Distraction: Forgetting a Child in the Backseat of a Car Is a Horrifying Mistake. Is It a Crime?” Focusing on the grief of parents who caused the deaths of their own children by negligently leaving them locked in over-heated cars, Weingarten, to his credit, doesn’t advocate a position in his article, although it would be impossible to read it without feeling compassion and empathy for his subjects, both those who have been prosecuted and those who have not.

The article squarely raises a classic ethical conflict, as well as the question of the role of punishment in society. As always with ethical standards, the issue ultimately encompasses how we decide what is in the best interests of society. Weingarten points out that there is no consensus on whether parents who inadvertently kill their children in this way should be brought to court: some prosecutors bring charges, others do not. Which is right?

I don’t like my answer much, but I think it is inescapable, once the emotion is left behind. Continue reading →

The Hood Fiasco: SCOTUS Ducks An Ethical Imperative

/ Jack Marshall / Leave a comment

Charles Hood has been on Death Row in Texas since 1990, when he was convicted of murder in the shootings of Ronald Williamson and Tracie Lynn Wallace at Williamson’s home in Plano, Tx. Hood had worked for Williamson and was living in his home. There was plenty of convincing evidence that Hood committed the murders; his defense was essentially based on mitigating circumstances. Nonetheless, it was by any logical and ethical standards, an outrageously unfair trial. Why? In a scenario that would have been laughed out of a “Law and Order” writers’ conference, the trial judge, Verla Sue Holland was sleeping the prosecutor,  county district attorney Tom O’Connell. Continue reading →

Progress, with a dash of…WHAT???

/ Jack Marshall / 6 Comments

Penguin Group Australia had to reprint 7,000 copies of its new cook book, Pasta Bible, last week,when it was discovered that the recipe for tagliatelle with sardines and prosciutto called for “salt and freshly ground black people.” (“It’s a cook book!!!!!“—“To Serve Man,” The Twilight Zone)

Guess what it was supposed to say. That’s right. Continue reading →

Ethics, Unfairness and the Palin Problem

/ Jack Marshall / 9 Comments

Is it worse for an elected official, leader, public figure or opinion-maker to be dishonest, irresponsible, or stupid? Fortunately, any of three should disqualify an individual for power or influence, so answering the question is not essential. This too is fortunate, because it is sometimes impossible to determine which disqualifying characteristic is on display.

Take, for example, Sarah Palin’s recent comments, made to a religious gathering in Kentucky, that…

“Lest anyone try to convince you that God should be separated from the state, our Founding Fathers, they were believers.” Continue reading →