greed

Unethical App of the Year: BuyPartisan

/ Jack Marshall / 44 Comments
The un-American app at work. Just what we need...more help at being divided.

The un-American app at work. Just what we need…more help at being divided.

One thing we can be sure of in our capitalistic, entrepreneurial culture: if there’s toxic conduct that somebody can make a buck out of facilitating, someone will.

BuyPartisan is a new smartphone app and the inspiration of app developer Spend Consciously. It allows users to receive an instant ideological score on every product, designating the manufacturer or service provider as virtuous or evil, or, as this sick, hyper-partisan, hyper-polarized, disintegrating culture would have it, Republican or Democratic, conservative or liberal.  After the self-righteous, hating-the-other-side-of-the-political-spectrum user scans the bar code on products with his or her phone camera, BuyPartisan (Get it???) accesses campaign finance data and analyzes contributions from the company’s board of directors, CEO, employees and PACs. This allows the happy, political aparthied-loving app user to stick it to any company that doesn’t comport with the user’s narrow, but absolutely right beyond question, view of the world.

Yecch. I want an app that tells me who uses this app, so I can avoid them whenever possible. Continue reading →

The O’Bannon Case: A Judge Explains How The Law Requires An Unethical and Corrupt Practice To Be Fair….But It’s Still Unethical and Corrupt

/ Jack Marshall / 13 Comments

NCAA-ban

Now that a federal judge has declared the elite student-athletes at big time sports colleges to be what they are…paid mercenaries…and the sports programs at such institutions to be what we always knew they were…cynical sideshows that sacrificed education to greed…will the pubic, the media, educators, and universities now stop this slow-moving ethics train wreck?

Of course not.  If they cared about how high-profile college sports were warping both America’s education and its values, they would have addressed the problem decades ago. They would have stopped it before, for example, schools started paying football and basketball coaches more than any professor. They would have stopped it before prestigious schools gave degrees to graduates whose entire education was a sham, who took ridiculously easy courses and who were held to infantile academic standards, all so rich, fat alumni would continue writing checks. They would have stopped it before a revered football coach held such power in a university that he was able to persuade the school’s leadership to allow a child sexual predator operate on campus.

U.S. District Judge Claudia Wilken, in a 99-page ruling agreeing with the claim of a group of plaintiffs fronted by former UCLA basketball player Ed O’Bannon, issued an injunction against the NCAA from “enforcing any rules or bylaws that would prohibit its member schools and conferences from offering their FBS football or Division I basketball recruits a limited share of the revenues generated from the use of their names, images, and likenesses in addition to a full grant-in-aid.”

The ruling will be appealed, and some of its legal conclusions certainly seem debatable. That is not my concern. The opinion effectively kills the fiction that the semi-literate youths who perform on-the-field heroics to burnish the images of universities and attract huge broadcast fees are what the NCAA, alumni, students , the schools and the media pretend that they are. Now that we know they are not truly students, what persuasive ethical justifications can be given for them to play college sports at all?

My answer?

None. Continue reading →

First Nomination For “The Donald Sterling Award Award”: The American Bar Association

/ Jack Marshall / 2 Comments

Cracked trophy

It’s time to launch  a new dubious honor here at Ethics Alarms: The Donald Sterling Award Award.

The DSAA gets its name from the embarrassing “Man of the Year” award that the San Diego NAACP was preparing to bestow on Donald Sterling shortly before his racially offensive comments to his mistress were recorded and leaked to the news media. Sterling had already engaged in conduct that seemed to make  NAACP recognition both unlikely and ill-advised, so his award, which the organization retracted, is the perfect model to emulate for future organizations determined to undermine their values and objectives by choosing inappropriate honorees.

And the first nomination for the The Donald Sterling Award Award is The American Bar Association, for its decision to give its 2014 Robert J. Kutak Award to New England Law/ Boston dean John F. O’Brien.  The award is given annually “to an individual who has contributed significantly toward increased cooperation among legal education, the practicing bar, and the judiciary.”

Well, maybe O’Brien technically deserves that award, but then Sterling had given a lot of money to local projects benefiting African-American kids in San Diego, too.  The problem is that O’Brien could serve as the poster boy for the ugly underbelly of legal education and its disconnect to the current economics of the legal profession. In 2013, he gave his school unwanted publicity when it was revealed that he earned a salary of $867,000, among the very highest law dean salaries in the country, while  low-ranked New England Law/ Boston charged $40,904 for yearly tuition. Before considering lowering his own compensation, he started cutting faculty positions, until he finally relented and took a pay cut to a paltry $650,000 a year. I know, it’s less than three Hillary Clinton speeches. But the going rate for deans at the top law schools has been estimated to be “only” $450,000, and O’Brien runs a school that is the opposite of “top.” Continue reading →

Ethics Dunce: Anyone Who Thinks Hillary’s “I Gave It All To Charity” Excuse Excuses Anything

/ Jack Marshall / 9 Comments

Money-box-giftI apologize in advance for this, because I assume all of you are as sick of commentary on Hillary, her book promotion tour, and her endless stream of statements that validate everything her critics have been saying for over a decade. However, her latest ethically tone-deaf statement is a special category of dishonesty that I vowed long ago to flag every time it was tried by a public figure, and given a pass by the news media. So here we are.

Hillary responded to the growing controversy over her absurd speaking fees, which she charges to universities as well as corporations, by saying this to ABC’s Ann Compton:

“All of the fees have been donated to the Clinton Foundation for it to continue its life-changing and life-saving work. So it goes from a foundation at a university to another foundation.”

Giving money to another individual’s charity of choice is indistinguishable from giving money directly to that individual. If a lobbyist gives corporate money to a politician’s charity, for example, that’s a crime in most states, and should be. The charity dodge is a popular one with corrupt individuals, because the average member of the public, being among those whom Abraham Lincoln noted that you can fool all the time, and also possessing the ethics analysis skills of the typical whippet, just nod and say, “Oh. Okay!” Continue reading →

Those Huge University Speaking Fees: Hillary Clinton A Venal Hypocrite? Say It’s Not So!

/ Jack Marshall / 3 Comments
To be fair, she really needs the money...

To be fair, she really needs the money…

Hillary Clinton has sounded the alarms (lest Sen. Elizabeth Warren sound it louder) over student dept and the high cost of college education. Then she has blithely accepted nearly two million dollars to give one hour canned speeches at eight universities, including four public institutions.

This is causing some anger on campuses, as it should. How can a school raise tuition, claim that it is strapped for funds, and then pay a wealthy woman over $200,000 to give a speech? It can’t—not responsibly or ethically. Nor is it responsible or ethical for the speaker, while stating publicly that she deeply cares about higher education, to ask for and accept such funds.

The issue came to light after University of Las Vegas students began protesting a scheduled speech by Clinton at her going rate of $225,000, asking her to return the fee. What has followed is a lot of rationalizing and lame defenses of the indefensible.

Fact: no school should be paying the equivalent of a student’s multi-year tuition for a one hour speech, even if Abraham Lincoln has agreed to come from beyond the grave to give it.

Fact: no decent, caring public figure should charge or accept such a fee. Continue reading →

The Irresponsible, Greedy 1% and the Hypocritical, Greedy .01% of the 1% Who Get Away With Attacking Them…That Is, Hillary Clinton

/ Jack Marshall / 19 Comments
...for less than an hour's work. But it's HARD work,..you know: talking.

…for less than an hour’s work. But it’s HARD wor…you know: talking.

Robert Samuelson accurately categorizes America’s CEOs as a new economic aristocracy in his most recent column. Why CEO salaries are so absurdly high is caused by many factors, some of which the columnist lists, but that fact is inescapable that the salaries cannot be defended by rational arguments. This is in stark contrast, by the way, to similarly high-salaried entertainers and sports figures, who tend to really earn their money. There is, after all, only one LeBron James, Tiger Woods, or Jon Stewart. Corporate CEOs, though they would like to think they are unique talents, seldom are. Could you replace most of them for considerably less than the going rate of 20 million dollars a year? Absolutely.

Thus continuing to accept such absurd salaries and attendant benefits while the economy stutters, their companies restrict hiring and the gap between worker salaries and executive compensation widens is unethical, pure and simple. Doing so is based on greed and willfully ignoring the consequences of the conduct, as Samuelson points out, though he hardly needs to, so obvious should it be to corporate executives and outside observers alike:

“Americans dislike aristocracies. Unless companies can find a more restrained pay system, they risk an anti-capitalist public backlash. This is the ultimate danger. For all the flaws of today’s system, government regulation of pay — responding to political needs and pandering to popular prejudices — would be much worse.”

Just as irresponsible as these gorging, selfish, unrestrained and greedy executives are the class-dividing hypocrites who try to exploit public resentment and pander to those popular prejudices while profiting from the same irrational system of misaligned resources that make those CEOs the equivilent of sultans. I know I have been critical of Hillary Clinton regularly of late, but I am not responsible for flaunting her in  front of my wincing eyes and abused ears on a daily basis. How dare she try to pose as an advocate of a rational system of wealth distribution? And how pathetic that her tone-deaf and logic-free supporters tolerate it!

In a weekend interview with the  Guardian, Clinton pronounced herself a fit champion of populism and a credible agent of reform for skewed income levels because progressives “don’t see me as part of the problem because we pay ordinary income tax, unlike a lot of people who are truly well off, not to name names; and we’ve done it through dint of hard work.”

Ah.

Those progressives are gullible and naive idiots then!

Thanks for that clarification. Continue reading →

Passenger List On The Deadly General Motors Ethics Train Wreck

/ Jack Marshall / 20 Comments
"Oops! There goes G.M again!"

“Oops! There goes G.M again!”

That great, big, all-American motor car company that the Obama Administration took bows for saving five years ago has been revealed as a thoroughly corrupt, incompetent and deadly enterprise. As the full extent of the General Motors safety scandal unfolds—and it could get worse—this is a good time to take stock of the ethics lessons and miscreants involved, on the off chance that we are interested in learning something.

Did that sound bitter? It is. There is little in this terrible story of corporate ineptitude and corruption that wasn’t known and understood decades ago. Yet here we are again.

The manifest:

  • G.M. management. It pursued the policy of paying large settlements with confidentiality agreements to those injured by ignition switch defects in their cars, never fixing the defect itself. This is the old Pinto calculation, reasoning that if it is cheaper to pay for the deaths and injuries from a design defect than to fix the defect itself, then it makes good business sense to keep doing that, indefinitely. There are three problems with this logic, of course. First, it kills people. Second, it is stupid: eventually the facts will get out, and the whole company will be endangered. Third, it is wrong.
  • The plaintiffs’ attorneys. The trial lawyers association, way back when I worked for it two decades ago, adopted the unofficial position that the practice of accepting settlements from large corporations in product liability cases that included agreements not to reveal the damages and the defects involved to regulators, the news media, and endangered consumers was unethical. Members were urged to make a rejection of such terms a condition of agreeing to represent injured parties. Speeches were given, pledges were made. All agreed that the practice undermined the mission of the plaintiffs’ bar to make America safer through the civil justice system. What happened? Greed, that’s what. Just as every plaintiff has a price, so do many trial attorneys, who received up to 40% of those secret settlements. Every single one of the lawyers who guided their clients to accepting hush money in exchange for letting unsuspecting owners of G.M. cars risk their lives and those of their families were members of the American Association for Justice, which changed its name from the Association of Trial Lawyers of America because a survey showed the term “trial lawyers” was too negative. This is why the term is negative.

Continue reading →

Now THIS Is A War On Women!

/ Jack Marshall / 7 Comments

I wanna marry harry

Reality shows have now made parody impossible, because absolutely nothing is too exploitive, voyeuristic, disgusting, degrading or wrong to form the basis of a series, as long as people will watch it, and there is profit to be made. Nevertheless, in my continuing effort to at least chronicle the decline of decency and civilization without being able to stop it, Ethics Alarms will continue to throw ethics flags at the worst of the worst.

This brings us to the topic of  “I Wanna Marry ‘Harry’,” the latest offal in this genre from Fox. You may recall “Joe Millionaire,” though if you do, I have less respect for you, an earlier Fox reality dump in which a non-rich actor tricked gold-digging women into competing to win his love as he posed as a young tycoon. After the winner had fallen for “Joe” hard, he revealed that he was just a lovable working stiff—well, worse, really…an actor—and the audience got to see how the woman reacted. So many healthy relationships arise out of fraud and lies, after all. Well, that wasn’t despicable enough fr Fox, so now we have this: Continue reading →

How Can Lawyers Be Shockingly Unethical Without Breaching Any Legal Ethics Rules? Meet Styles & Pumpian

/ Jack Marshall / 35 Comments
"Let's have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon....Ok, now that's over, how can we keep his fee from his family?"

“Let’s have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon….OK, now that’s over, how can we keep his fee from his family?”

Ira Bordow, a partner in the Wisconsin law firm of Styles & Pumpian, had been handling a family’s dispute with an insurance company. Successfully too: he negotiated a $250,000 settlement, and the company sent him the check for that amount, to be divided among the plaintiffs and Bordow’s firm. Bordow, as a partner, was going to get a $41,666 share.

The 54-year-old lawyer, however, had problems of his own that money could not solve, and committed suicide. His brother found the quarter of a million dollar check on the seat of Bordow’s Lexus coupe, and properly and correctly sent it on to  Styles & Pumpian.  Bordow had already earned his cut of the settlement at before he took his own life, for he, and the firm, were working on a contingent fee basis. The representation was at an end. Apparently, however, once the firm had the check in hand, the brilliant legal minds at Styles & Pumpian applied their craft to thinking of ways they could avoid paying the grieving family of their tragically demised partner any of the loot. They thought of one too, at least one they felt was worth a shot.  The firm is refusing to pay the Bordow estate the late lawyer’s $41,666 cut, arguing that Bordow’s suicide in his River Hills home negated his partnership agreement with the firm. It was a breach of contract, they say, and thus, even though he would have received the money if he had lived, the firm can keep it now.

Continue reading →

Ethics Hero: Boston Red Sox Pitcher Ryan Dempster

/ Jack Marshall / 12 Comments

ivory-billed woodpecker

With a guaranteed contract that would pay him $13.25 million this year, all Boston Red Sox starting pitcher Ryan Dempster had to do was fail to make the team or be relegated to the disabled list to collect it all. Dempster felt, however, that his physical condition would not allow him to contribute to the team’s efforts to defend its 2013 World Championship, and that under the circumstances, decided that it would be better for all concerned if he didn’t play in 2014 and spent the year with his family. Thus, while not retiring, Ryan Dempster announced that he would forfeit the money owed to him.

Dempster made $13.25 million last year, and had made millions for many years before that; he certainly doesn’t “need” the money. Nevertheless, for a professional athlete to handle himself this way is about as rare as an ivory-billed woodpecker sighting.  “I could have had a choice of trying to spend the entire season trying to work through those and trying to be able to pitch,” he said in his statement, delivered at the Red Sox Spring Training camp where the team is about to begin training. “But I just felt like it’s something that’s preventing me from doing the job I want to do, and I’m not going to go out there and put my team at a disadvantage or me at a disadvantage by not being able to compete the way I’m able to compete.”

Ryan Dempster, professional athlete, just placed team, family, integrity, and fairness above $13.25 million dollars.

Ethics Hero.