Ethics Hero: Judge Laurence Silberman

Here President Bush attempts to strangle Judge Silberman for being insifficiently loyal to conservative causes.

Judge Laurence H. Silberman, a senior judge on the federal appeals court, cast the deciding vote as the U.S. Court of Appeals for the D.C. Circuit  upheld, 2-1, the constitutionality of the controversial individual mandate. The mandate, which is almost certain to be reviewed by the U.S. Supreme Court, is the linchpin of President Obama’s health-care insurance law that requires most individuals to purchase insurance coverage or be fined.

You can hardly have more impeccable conservative or Republican credentials than Silberman. He served in the Nixon administration, was appointed by President Reagan to the court and is a Federalist Society stalwart as well as a favorite judicial scholar of the political right. An appeals judge shouldn’t be praised for doing his job, which is deciding cases based on the law and the Constitution rather than political loyalties or ideological bias. Unfortunately, political loyalties and ideology is how the press, partisan groups, elected officials and, it must be said, too many judges, do think cases are decided, and that belief  grievously harms faith in the justice system and trust in the rule of law. Continue reading

Ethics Mystery: How Can Penn State Let McQueary Coach the Team For Saturday’s Game?

WHAT???

It is almost too weird to contemplate. Penn State has fired both its president and football coach Joe Paterno over their failure to take necessary measures to protect young boys who they knew were targets of what appears, and appeared to be, a serial child molester, Jerry Sandusky. Paterno was fired yesterday specifically to eliminate the pall that would be cast over all Penn State activities, including this Saturday’s game, if he were to continue as coach, and to make sure that the university didn’t project a “business as usual” attitude by allowing its community to blithely cheer Paterno’s team as if a child molesting scandal could be brushed aside for a weekend of fun and games.

And yet Penn State plans to have Mike McQueary coach the team on Saturday, rendering all of this incoherent. McQueary was the one who witnessed the act of sexual assault that triggered the whole scandal. He reported it to Paterno, but 1) didn”t stop it when he had the chance, and 2) did nothing to make certain that Sandusky’s criminal conduct was being properly handled afterwards. His presence as coach on Saturday all but eliminates whatever message Penn State intended to send by firing Paterno. The bottom line will be that the team will still be coached by an individual who didn’t do everything he could  and should have done to protect young boys from a predator. Continue reading

Ethics Tales From The “Occupy” Movement

1. Integrity Check

"This week only: half-price on all chicken suits!"

Reports out of Occupy Wall Street, unconfirmed but apparently credible enough for New York’s Mayor Bloomberg to rely on them, suggest that the “Occupy” gang is refusing to report the various criminals in their midst, opting instead to protect the colony by ejecting and banishing them….and, of course, inflicting them on somebody else. Such wrongdoers range from simple thieves to sexual predators, or, as in Occupy Oakland,  the violent provocateurs who have seeded riots. They might not even be banished…just protected.

How ironic. The ethical rot in America’s institutions, from government to the business world, to religions and Hollywood, to athletic teams and academia, manifests itself by a progressive willingness to ignore misconduct, lawlessness, and unethical conduct among colleagues and others within the group, cementing a “them vs. us” mentality that encourages increasingly irresponsible conduct and erodes integrity. The so-called 99% have the same vulnerability to corruption as the 1% they revile. Continue reading

Ethics Quote of the Week: Charles Krauthammer

Let's see...nope! Still too good for Gaddafi!

“Under the normal rule of law, truth is only a means for achieving justice, not an end in itself. The real end is determining guilt and assigning punishment. But in war and revolution one cannot have everything. Justice might threaten peace. Therefore peace trumps full justice. Gaddafi could have had such a peace-over-justice compromise. He chose instead to fight to the death. He got what he chose. That fateful decision to fight — and kill — is the prism through which to judge the cruel treatment Gaddafi received in his last hours. It is his refusal to forgo those final crimes, those final shellings of civilians, those final executions of prisoners that justifies his rotten death.”

—- Charles Krauthammer, revered conservative columnist and pundit, in his column rebutting the complaints of human rights activists regarding the rebel execution that took Moammar Gaddafi’s life.

Krauthammer is right, and he is wrong. He is right that no one should feel any pity for Gaddafi, a brutal and inhuman despot who had it entirely within his own power to both save his own life and refrain from killing even more of his countrymen than he had killed already. He is wrong that Gaddafi’s crimes and cruelty suspend civilization’s principles of justice and ethics. Continue reading

Donna Brazile Opens An Ethics Can Of Worms On “The Good Wife”

Is this the real Donna Brazile or the fake one?

The increasingly common practice of using real political figures playing themselves in dramas made me queasy from the beginning, and now I know why.

“The Good Wife,” CBS’s excellent legal drama now highlighting that network’s Sunday nights, has made such blurring of the real and fictional something of a trademark, featuring such real-life political power-player as Fred Thompson and Vernon Jordan in past episodes, not merely in cameos, but participating in substantive scenes as their real-life selves. Last night, Democratic Party strategist Donna Brazile, who had earlier in the day participated in Christiane Amanpour’s roundtable on ABC, played herself in the episode’s fictional meeting between her and  Eli Gold (Alan Cumming), the ethics-free campaign manager for the Good Wife’s Creepy Husband, Peter Florrick (Chris Noth). I must say, Donna Brazile made an extremely convincing Donna Brazile. She has a future in acting, as long as she can play herself. The problem is what fictional Donna Brazile told fictional Eli Gold, and the immediate, and confusing real life ethical issues it raises. Continue reading

Herman Cain’s Unethical Abortion Doubletalk

Republican presidential contender Herman Cain’s explanation of his position on abortion while chatting with CNN’s Piers Morgan is causing his growing legion of fans and supporters discomfort, and with good reason. It was ethically incoherent at best, unethical at worst. In either case, his comments show that he hasn’t devoted sufficient serious analysis to the issue to allow him to have a responsible and consistent approach. That is status quo for most Americans. It is not acceptable for a President of the United States.

Here is the relevant section of the interview (emphasis mine):

PIERS MORGAN: Abortion. What’s your view of abortion?

CAIN: I believe that life begins at conception. And abortion under no circumstances. And here’s why —

MORGAN: No circumstances?

CAIN: No circumstances. Continue reading

Comment of the Day: “Dear AIG: I’m Not Going To Be Able To Keep Criticizing Occupy Wall Street For Destructive Class Warfare If You Act Like This”

Michael, who now leads the field in Comments of the Day, picks up another with his commentary on my post about AIG’s continuing habit of living large on taxpayer funds. Here are his reflections on the post  Dear AIG: I’m Not Going To Be Able To Keep Criticizing “Occupy Wall Street” For Destructive Class Warfare If You Act Like This:

“A company can allow any expenses they want. That being said, since they are now majority owned by the US government, we need to ask who is giving the go ahead to things like this? Why haven’t they been fired? The Wall Street culture is so entitled and so out of touch with the reality of the common Americans that it is almost beyond belief.

“The Occupy Wall Street group could have a lot of legitimate gripes, but they don’t seem to have anyone with half a brain in the group. Instead of hearing “I want them to take the money from rich people and give it to me” form a college aged girl wearing $500 worth of clothes or “I have gone to every protest I can find for the last 40 years” from the aging hippies, why not try one of the following angles: Continue reading

Dear AIG: I’m Not Going To Be Able To Keep Criticizing “Occupy Wall Street” For Destructive Class Warfare If You Act Like This.

Pelican Hill...where wealthy insurance executives can spend taxpayer funds like it was Monopoly money!

American International Group Inc. (AIG), the huge insurer—too big to fail!— that is now majority-owned by the U.S. after a 2008 bailout of $85 billion, has resumed its arrogant, irresponsible habit of living like sultans on the money of taxpayers, many of whom are getting kicked out of their homes and who can’t find jobs.

Back in October 0f 2008, the House Oversight Committee nearly had a collective stroke when it discovered that, just one week after the federal government bailed out AIG because it was too vital a part of the shaky world financial markets to let go belly-up as it richly deserved, company executives went on a wildly-expensive retreat to a luxury resort. The executives “spent nearly $500,000 on manicures, facials, pedicures, and massages,” among other things.  Rep. Elijah Cummings (D-MD) was incredulous, and he wasn’t alone: Continue reading

“The 48 Laws of Power”: Robert Greene’s Recipe for Power, Greed and Misery

“The 48 Laws of Power” is a 1998 book by Robert Greene, a best-seller, and a re-packaging of ideas from multiple sources, including “The Prince” and “The Art of War.” Those who wonder why it is that certain sub-cultures in the United States—business, Hollywood, the entertainment industry, politics, finance— appear to be incurably cynical, amoral, corrupt and untrustworthy would do well to read it, provided they are able to resist being persuaded by its brutal philosophy.

Greene, who has other similarly-oriented best-selling books on business success, is considered a guru by the music industry, and has been embraced with special enthusiasm by hip-hop moguls. What is remarkable about his 48 laws is how completely they discard all ethical virtues, as if fairness, honesty, integrity, responsibility, respect and trustworthiness were irrelevant to the topic of power. In fact, the five most important laws of power are…

1. You must prove your worthiness to hold power by your manner of acquiring it.

2. Power without competence, wisdom and good will lead to tragedy.

3. Do not use power to restrict the welfare, autonomy, freedom, and pleasure of  others, but to enhance them.

4. Regard power as a means, not an end.

5. When retaining power itself becomes the goal, it is time to surrender it. Continue reading

The Dubious Ethics of Andy Rooney

A few words about the trustworthiness of Andy Rooney...and CBS News

“60 Minutes” curmudgeon Andy Rooney makes his cranky farewell this week, and the CBS newsmagazine can be expected to make a big deal over his retirement; after all, Rooney is the network’s last remaining link to the halcyon days of Edward R. Murrow. In his blog, journalist Paul McNamara recalls an encounter with Rooney 20 years ago that provides some insight into the regard a broadcast icon has for the truth, and perhaps the culture of news reporting at CBS.

McNamara, you see, was working at a newspaper that ran a syndicated Rooney column, and one day he discovered that one of the columns Rooney filed included his eye-witness report of something that occurred after he wrote the piece… Rooney had intentionally fabricated a scene he never saw. It was a minor misrepresentation in the context of the column, but a misrepresentation nonetheless. Continue reading