fairness

The Not-So-Baffling Mystery of the Missing Ethics Rule

/ Jack Marshall / Leave a comment

ABA  Model Rule 7.6: Political Contributions To Obtain Legal Engagements Or Appointments By Judges
A lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.

That’s pretty clear, is it not? The American Bar Association, in its Model Rules of Professional Conduct, now followed (in various, eccentric forms, to be sure) by 49 states, the District of Columbia and Puerto Rico, emphatically declares that “pay-to-play” arrangements are unethical for lawyers even in states where the sleazy practice might be legal. “Pay-to play” is, after all, classic corruption, older than Mayor Curley, Richard Daley, Boss Tweed and Mister Potter. Lawyers contribute big bucks to the campaign funds of state and local powerbrokers, including Attorneys General and judges, and get big state contracts in return. It is indefensible ethically, although you can find plenty of people who will defend it, their tongues crossed tightly behind their backs all the while. Continue reading →

Blizzard Ethics and Parking Space Etiquette

/ Jack Marshall / 9 Comments

The Great Blizzard of 2010 inspired The Washington Post to publish a piece about snow ethics, focusing especially on this touchy question: Is it ethical to park in a space shoveled out by someone else?

The problem with the article is that it doesn’t ask the ethically crucial second question: Is it ethical for someone to hold one of the rare cleared parking spaces on the street open, when other motorists desperately need a place to park? Continue reading →

“Professor”= Racist?

/ Jack Marshall / 3 Comments

The academic world has its robes in a bunch because critics of President Obama are increasingly calling him “Professor,” and not as a compliment. Various blogs and academic websites are attributing this to the anti-intellectualism of the Right, the populist dislike of academic elites, contempt for higher education, and other motives that confirm the author’s own biases.

Silly me: I naively assumed that they called Obama “Professor” because he was one, and also because his demeanor, speaking style and fondness for lecturing are professorial. Continue reading →

Outing the Judge

/ Jack Marshall / 12 Comments

“Judge Being Gay a Nonissue During Prop. 8 Trial” says the San Francisco Chronicle headline…outing the judge in the Proposition 8 trial as gay.

If it the judge’s sexual orientation is a non-issue, why does the paper believe it is ethical to reveal it? Continue reading →

Unethical Website, the Sequel

/ Jack Marshall / 1 Comment

The Special Olympics, now in the business of censoring the English language, has applied technology to the task with a new website, http://www.rwordcounter.org. The site allows one to enter a URL and have the site immediately searched for the offending words “retard,” and “retarded,” sort of like little teeny versions of Big Brother’s thought-police rifling through your closets and under your mattresses for bootleg copies of The Bible or Paradise Lost. Then, once the website under surveillance passes the Special Olympics Appropriate Senstitivity and Inoffensive Expression Test, it can proudly display a banner that proclaims it Clean.

Too bad the website itself is unethical, for two reasons:

1. Its purpose violates the ethical values of autonomy, fairness, tolerance, equity, openness, process, respect, and American citizenship, and

2. It is incompetent and a fraud: the damn thing doesn’t work, or at least didn’t the two times I tried it on Ethics Alarms. Apparently I could make a terrible joke here about who must have designed the site, and it would still tell me that my site was “r-word free.” I am thinking the joke, however, and hope that when the folks at the Special Olympics devise a way to detect that, as I’m certain they would love to do, their R-Word Brain Purging Unit works just as well.

Beware of Ethicist Ethics

/ Jack Marshall / 7 Comments

On Ethics Alarms, as with its progenitor, The Ethics Scoreboard, commenters frequently accuse me of manipulating ethical arguments to endorse or support a political agenda. I often find such comments unfair, intellectually lazy and wrong, but please, keep making them. Avoiding a political or ideological slant is one of the most challenging tasks in rendering ethical analysis, and it is so easy (and tempting) to fall into the trap of letting bias rule reason that it helps to be regularly smacked upside the head.

Even with repeated smacks, true objectivity is nearly impossible in ethics, because of the central role played by ethical conflicts—not the ethical problem of conflicts of interest, but the philosophical problem of designating priorities among competing ethical values. Ethical conflicts require choosing which ethical value yields to another: a doctor knows a patient is dying and that nothing can be done. Is the ethical course to be honest, or to be kind? In public policy, ethical conflicts abound, and often involve deciding between two different versions of the same ethical value. Which version of “fair” is fairer, for example: allowing a talented, hard-working individual to keep the money she earns for her and her family, or for her to have to share some of that money with others, perhaps less talented and hard working, but also perhaps less fortunate, who do not have enough to survive? Ethical problems pit compassion against accountability, responsibility against forgiveness, autonomy against fairness, equity against justice. Continue reading →

“Everybody’s Stupid”

/ Jack Marshall / 4 Comments

Please. Make them stop.

It seemed that every conservative talk show host today was getting yuks from the irony of the Obama  Commerce Department announcing the launch of a new government climate change service in the middle of unprecedented snowfall in Washington, D.C. Underlying the hilarity was the persistent implication, and sometimes outright assertion, that the snowfall itself actually undermined the prevailing scientific findings of climate change research. If Hannity, Limbaugh and others who did this (and have done it before) really believe that one snowstorm, or twenty, can have any probative value at all in determining the accuracy of climate change science, then they are too ignorant to participate in policy debates about the issue.  If, on the other hand, the talk show pundits are deliberately pandering to the many science-illiterates among their listeners—and I think that is exactly what they are doing—then they are being dishonest and unfair. Continue reading →

After the Tebow Ad

/ Jack Marshall / 7 Comments

The Super Bowl ad featuring Tim Tebow and his mother that caused so much angst and controversy before it aired turned out to be mild, understated and forgettable. Now we know why CBS felt it could use the spot to move away from its long-time ban on issue advertising during the NFL’s big game. We also know that the actual ad made the argument by abortion rights groups that the ad would be inappropriately “divisive” for an American sports ritual designed to bring us together seem even more ridiculous than it was—no mean trick.

In the ad, Quarterback Tebow and his mother never did tell the story of his birth after Pam Tebow had been counseled to terminate her pregnancy. You had to go to a website to read about it. Indeed, had the various advocacy groups that opposed the ad just kept their collective rage to themselves, few viewers would know about the pro-life aspects of the Tebow story. All of the ad’s work was done before it ran, thank to the pre-Super Bowl sputtering of NARAL, NOW, and their colleagues. Continue reading →

Ethics Quote of the Week

/ Jack Marshall / 3 Comments

“Based on what we’ve seen so far, this shouldn’t have happened. Even when we’re asked to make an arrest, common sense should prevail, and discretion used in deciding whether an arrest or handcuffs are really necessary.”—-New York Police spokesman Paul Browne, admitting that it was a mistake it was a mistake to arrest a 12-year-old junior high school student and taking her out of school in handcuffs for doodling her name on her desk in erasable marker. Alexa Gonzalez was scribbling on her desk Monday while waiting for her teacher to pass out homework, and the teacher summoned the police to report a 657…a doodle in progress.  The Men in Blue led Alexa out of school in cuffs  to a police station across the street, where she was detained for several hours. Continue reading →

Ethics Dunce: School Principal Evelyn Matroianni

/ Jack Marshall / 1 Comment

Reading news stories about cruel, power-abusing, or judgement-deficient teachers and school administrators is like eating potato chips, I’ve discovered. Once you start, it’s hard to stop. Luckily for my waistline and cholesterol levels, eventually potato chip bags become empty. Unfortunately, the supply of terrible tales of student abuse appears to be bottomless.

In Staten Island,  9-year-old Patrick Timoney, a fourth-grader at PS 52, South Beach, was observed by his school principal playing with LEGOs during his lunch period.  One of the LEGO action figures was carrying what appeared to be a toy automatic weapon. The principal,  Evelyn Matroianni took Patrick, crying and frightened, into her office, and called the boy’s mother. She told her that she considered the toy a violation of the no-tolerance rule prohibiting guns and gun replicas, and that she was going to confirm this with a security administrator from the city Department of Education. Continue reading →