informed consent

Food Preparation and the Right to Have Unethical Views

/ Jack Marshall / 15 Comments

Ethicist Chris McDonald, who holds forth on his  Business Ethics Blog, has a provocative post on the right to know what you’re eating on another of his blogs, the Food Ethics Blog. I have no quarrel with the main point of his post, which I recommend that you read it here.

A related point in the article, however, not involving ingredients but food preparation, caused me to stop and ponder. Dr. McDonald writes…

“… imagine again that you’re a waiter or waitress. As you set a plate of food down in front of a customer, the customer asks: “Were any ‘minorities’ involved in the production of this food? Do you have any foreigners working in the kitchen?” Appalled, you stammer: “Excuse me?!” The customer continues, “I don’t like immigrants, and I don’t like the idea of them touching my food. I have the right to know what I’m eating!” Does this customer have the right to that information? Most of us, I think, would say no, of course not. She might see that information as really important — important to letting her live her life the way she wants to — but few of us would agree that anyone else is obligated to help her live out her racist values.”

I think the customer’s request for information regarding who is preparing one’s food is a valid one. Continue reading →

Possessed Lawyer Ethics

/ Jack Marshall / 2 Comments

Is it unethical for a lawyer to claim she is possessed by a client’s dead wife?

This  question has been puzzling professional responsibility experts for decades. Okay, not really. In fact, surprisingly, it just doesn’t happen all that often. But in Arizona, a lawyer is now facing suspension for claiming that she was possessed by the spirit of a client’s dead wife, then lying about it under oath. The dead wife is being accused of illegal immigration.

[OK, I made up that part, too. Sorry; couldn’t resist.]

The ABA Journal reports that the lawyer, Charna Johnson, began representing a client during his divorce proceedings. Continue reading →

The Troubling Ethics of Human Psychological Experimentation

/ Jack Marshall / 3 Comments

Thanks to the popularity of Malcolm Gladwell’s airport book store best-sellers and many of those who cashed in on his formula, like behavioral economist Dan Ariely (Predictably Irrational), psychological experiments are increasingly referenced in the media and the blogosphere, not to mention at the dinner table, more than ever before. Call me an alarmist if you like, but this makes me worry about the reckless, harmful and even diabolical experiments being dreamed up by the next wave of aspiring authors and the researchers who give them their best material. Continue reading →

The Amazing, Versatile and Unethical Goldman Sachs Code of Ethics

/ Jack Marshall / 6 Comments

Perhaps we all owe Goldman Sachs an apology. Everyone heaped outrage and ridicule the April spectacle of its executives going before the U.S. Senate and asserting under oath that they saw nothing at all unethical about intentionally selling “crappy” investment products to their trusting customers, then making money for their own firm by betting that the products would fail. Many were reminded of the tobacco executives, in the famous AP photo, all raising their hands to swear that they did not believe nicotine was addictive. After all, Goldman Sachs’s own website pledged openness, honesty, trustworthiness and integrity, saying,

“A critical part of running the marathon is acting consistently and playing a fair and honest game. ‘There’s only one thing we sell, and that’s trust.’ This applies to anything, but nowhere more than Investment Management. Clients trust us to do the right thing, and particularly when you’re in investment management and you’re appointed to manage clients’ money, they trust that you’re going to do it in a prudent manner. The worst thing you could do is breach that trust. We look for people who want to run the marathon, and who understand that trust fuels it.”

Now it seems that we were lacking a crucial document: the firm’s internal Code of Ethics, which Goldman Sachs recently made public. Under the provisions of this remarkable Code, what Goldman Sachs did to its clients wasn’t unethical at all; deceptive, conflicted, and unfair, yes…but not unethical, in the sense that it didn’t violate the Ethics Code itself. “Impossible!” you say? Ah, you underestimate the firm’s cleverness. Continue reading →

Rebate Ethics

/ Jack Marshall / 8 Comments

I  hit the roof yesterday when I found out that we had missed the deadline to apply for the promised $100 rebate on my son’s fancy cell phone. To make myself feel better, I checked with Consumers Reports and some other sources: sure enough, the Marshalls are not alone. It is estimated that 40%-60% of all rebates go unclaimed, to the tune of 4 billion dollars. What a deal for retailers! They lure you to the store with low prices. When you get there, you discover that the price will only truly be low after you mail in a rebate request and get a check in return. But you’re in the store, and have made the emotional commitment to buy. Later, you may find out that the various hoops you have to jump through to get the rebate back are annoying and time-consuming, and easy to botch. If you are busy, you may put it aside—and ninety, sixty, thirty, or even just seven days later, the rebate offer expires.

Are rebates ethical, or are they a particularly insidious form of consumer fraud, using the well-document human characteristics of impulse buying, inattention to detail, short attention span and procrastination against consumers to make millions of dollars in money that was supposed to be discounted but never was? Continue reading →

Art Ethics: We Are Not Bowls of Fruit

/ Jack Marshall / 5 Comments

During his legendary questioning by Clarence Darrow in the Scopes trial, Williams Jennings Bryan famously answered one of Darrow’s queries by saying, “I don’t think about things I don’t think about.” (Darrow’s rejoinder: “Do you think about the things you do think about?”)  One of the ethical issues I hadn’t thought about was whether an artist drawing a subject in public without his or her consent is being unethical. Thanks to a post by an inquiring artist on an art blog who heard the faint ringing of an ethics alarm in his head, I’m thinking about it now, and it is trickier than you might think.

Once the artist starts rolling, he has a lot of ethics questions: Continue reading →

Mad Scientist Ethics

/ Jack Marshall / 5 Comments

It is comforting to know that all mad scientists aren’t hell-bent on world domination. Apparently some Japanese mad scientists are dedicated instead to world vaccination, because, as reported in the April issue of “Insect Molecular Biology”, they have figured out how to make mosquitoes into itty-bitty flying syringes full of vaccine. Continue reading →