fairness

Rep. Bart Stupak: Double-Reverse Ethics Dunce

/ Jack Marshall / 1 Comment

Michigan Democrat Bart Stupak has been wrong in so many ways lately it is hard to keep count. If you are going to be wrong, however, the ethical way is to have integrity and at least be consistent in your wrongness. He couldn’t even do that right. He did manage to become Ethics Alarms’ first Double-Reverse Ethics Dunce. That’s something.

First, Stupak staged a revolt in the House to insist that the original House health care reform bill didn’t wouldn’t mandate the use of taxpayer funds for abortions.

What was wrong with this?  Oh, only everything…. Continue reading →

Unethical Questions, Anti-Semitism, and Greenberg’s Chase

/ Jack Marshall / 16 Comments

I first encountered the device of the unfounded accusatory rhetorical questions when, as a teenager, I became fascinated by the Lincoln assassination conspiracy. A best-seller at the time was Web of Conspiracy, an over-heated brief for the theory that Lincoln’s War Secretary, Edwin Stanton, and others were in league with John Wilkes Booth. The author, a mystery writer named Theodore Roscoe, was constantly suggesting sinister motives by asking questions like “The sealed records of the official assassination investigation were destroyed in a mysterious fire. Was the War Department afraid of what the documents would prove? Would they have implicated Stanton? We will never know.”  This tactic is on view regularly today, used generously by the purveyors of modern conspiracies, but it is also a regrettably common tool of journalists and historians. Now the eclectic sports journalist Howard Megdal (who also edits a terrific website, The Perpetual Post)  has found a new use for it. His question: “When Hank Greenberg of the Detroit Tigers made a run at Babe Ruth’s season home run record, falling two short with 58 in 1938, was he pitched around because he was Jewish?” Continue reading →

Ethics Dunce: ABC News

/ Jack Marshall / 9 Comments

Watching the ethical standards of the major network news department crumble away is like watching a sand castle  on the beach disintegrate with each new wave. There really is no resistance, or hope. It is just a matter of time.

Thus the announcement that ABC News paid $200,000 to Casey Anthony, the Florida woman who is accused of killing her two-year-old daughter, Caylee, comes as not so much of a surprise as just a further peak at the inevitable. Critics are pointing with outrage to the fact that ABC announced that it is cutting hundreds of jobs, as if this is somehow hypocritical. In truth, they are two sides of the same coin. Journalistic ethics have always been the most fragile of professional ethics systems, more dependent on success than principle. When there was limited competition, the networks could burnish their images by conforming to ethical standards and making sure everyone knew it. Now, however, web-based news, blogs and cable news networks are carving up their pie. Most of the consumers of news don’t care about ethics, and the National Enquirer, which has always practiced checkbook journalism, is up for a Pulitzer. Continue reading →

ACORN, the Saint’s Excuse, and the Ruddigore Fallacy

/ Jack Marshall / 3 Comments

Today’s New York Times discusses the impending end of ACORN, brought down by bad publicity, loose oversight, sloppy governance, and a little matter of the cover-up of a million dollar embezzlement. It would be helpful to other non-profit organizations that do needed good works to learn the proper lessons from ACORN’s fate, but the reaction of some supporters don’t advance that cause. Bertha Lewis, Acorn’s chief executive, has blamed “relentless, well-funded right-wing attacks” for ACORN’s demise, painting the organization as a victim rather than its own assassin. ACORN’s leader’s thought that the usual standards of good governance, diligence, and competence didn’t apply to it, because the group’s mission was virtuous and its accomplishments great. Continue reading →

So Much For “Don’t Be Evil”: YouTube and Google Ethics on Display

/ Jack Marshall / 3 Comments

The Business Insider has posted evidence gathered by Viacom in its lawsuit against Google, consisting primarily  of e-mails and instant messages. It is far from conclusive on the legal issues, which revolve around YouTube and Google’s unauthorized use of copyrighted material. It is very conclusive, however, regarding how often any ethics alarms went off with various Google and YouTube executives as they contemplated bottom line issues: rarely.

Here is a startling example.  In a 2005 e-mail exchange YouTube co-founder Steve Chen reasoned thusly: Continue reading →

The Damage of Health Care Reform “By Any Means Necessary”

/ Jack Marshall / 5 Comments

I have no idea whether the health care reform bill, assuming it finally gets passed in one form or another, will make things better or worse, and if you are honest about it, neither do you…and neither, I am certain, do most of the elected representatives who will have voted for it or against it (or for it and against it) by the time the dust clears. To only cite the most obvious proof, the bill’s current form was just posted yesterday, giving Congress 72 hours to read and understand over 2,000 pages of technical jargon and badly-written prose. I don’t believe I have ever read 700 pages a day for three days at any point in my life, and if I have, I know it had to be something more diverting than a health care bill.

Relying on second-hand analysis—also by individuals who haven’t read the current bill—simply puts us (and the members of Congress) at the mercy of the biases of those rendering the opinions. For example, one of my favorite commentators, Robert Samuelson, has persuasive arguments against the bill here and here, while one of my least favorite, Paul Krugman, weighs in on the bill’s virtues here and here. Now, I think Krugman has squandered his credibility by blatant untruths in the past (One howler, his infamous statement about the national health care systems of Canada and Great Britain that “We’ve all heard scare stories about how that works in practice; these stories are false” is derisively quoted almost daily by Wall Street Journal blogger James Taranto as he relays tales of national health care horrors from the London press), but the man has won a Nobel prize: maybe he’s right and Samuelson is wrong. I really don’t know.

I do know this, however: whether the bill proves to be disaster or panacea, the manner in which President Obama and the Democrats have gone about passing it has done real and lasting harm.  Continue reading →

E-mails Aren’t Private? Oh-oh…

/ Jack Marshall / 2 Comments

The Eleventh Circuit Court of Appeals has ruled in the case of Rehberg v. Paulk that one who sends an e-mail has no “expectation of privacy” in its content, once it is sent to a third party—-and that third party can even be the internet service provider. Which means, in essence, that e-mails aren’t private any more, if this ruling stands.

Here you have a good example of how courts can re-define formal ethical standards on multiple planes with a few words. This means that one of the most influential Federal Courts has given the green light to any government agency or employer who chooses to read your e-mails. It may well be that lawyers who send documents containing confidential client information have breached their duty to protect confidences. It means that if your room-mate reads confidential messages on your laptop without your permission, the law says its your fault, not his.

This is the point where ethics, manners and the Golden Rule becomes more important than ever. The court case may change the law, and it may be legal to read other people’s e-mails without permission, but it’s still not right.

For an excellent scholarly dissent from the Eleventh Circuit’s ruling by Prof. Orrin Kerr, see his argument on the Volokh Conspiracy.

[Many thanks to Prof. Monroe Freedman whose post at the Legal Ethics Forum alerted me to both the case and Prof. Kerr’s critique.]

Ethics and Irony: the Postman Rings Twice for ACORN

/ Jack Marshall / 15 Comments

“The Postman Always Rings Twice,” James M. Cain’s novel that is better known as a 1946 film noir classic starring Lana Turner and John Garfield, has a famous ironic twist. The story’s hapless drifter narrator escapes punishment for a murder he helped commit, but gets executed anyway for a death that was really an accident. Cosmic justice is done, if not legal justice. It turns out that the postman rang twice for ACORN, the Association of Community Organizations for Reform Now, too. Continue reading →

Ethics Quote of the Week

/ Jack Marshall / 10 Comments

“One of my students this year has a vaguely Hispanic name but is literally the whitest girl you’ve ever met. Her mother straight out asked, ‘If we mark she’s Latino on the application, is that something that they would ever challenge?’ I told her honestly my best guess, which was no. And, if early admissions are any indication, it seemed to work.”

—-A  guidance counselor (and former Ivy League admission officer) at a private school in the South, quoted by Kathleen Kingsbury in her report for The Daily Beast on dubious college admission tactics.

This, of course, is completely unethical for both the student and the counselor, who is exactly like a tax attorney or accountant who lets a client know that his fraudulent return will almost certainly not be audited by the I.R.S. Both of those professionals violate their ethics codes by aiding and abetting such conduct, and the quoted counselor is just as bad.

What should the counselor have said? Continue reading →

Why Professional Reviewers Are Unethical, and Why We’ll Be Better Off Without Them

/ Jack Marshall / 5 Comments

When Variety recently announced that it was firing its in-house film and drama critics, there was much tut-tutting and garment-rending over the impending demise of professional reviewing in magazines, newspapers and TV stations. The villain, the renders cry, lies, as in The Case of the Slowly Dying Newspapers, with the web, which allows any pajama-clad viewer of bootleg videos to write film reviews, and any blogger who cares about theater to write a review of a play. “I think it’s unfortunate that qualified reviewers are being replaced,” said one movie industry pundit, “but that’s what’s happening.”

I say, “Good. It’s about time.” (And also: “QUALIFIED?”) If there has ever been an excessively influential non-professional profession that caused as much damage as reviewing, I’m not sure I want to know about it. The end of full-time film and drama critics as we know them can only prove to be a boon for artists and audiences alike. Continue reading →