obligations

Catching Up: Professional Ethics And The Challenger Disaster

/ Jack Marshall / 6 Comments

Because of non-ethical matters in the Marshall household, I missed posting about the January 28 anniversary of the Challenger disaster, as it is labeled among the thousands of Ethics Alarms tags. I have written about and alluded to the completely avoidable explosion of the Space Shuttle in 1986 many times (you can check here), and there may be no other incident that so perfectly encapsulates the complexities of professional ethics, especially in a bureaucracy. In 2016, I offered an ethics quiz on the topic.

In 2020, Netflix presented an excellent, if extremely upsetting, docudrama on how the fiasco unfolded, “The Challenger Disaster.”

I have used the tragedy in my legal ethics continuing legal education courses to force attendees to consider what might make them decide to breach legal ethics and place their careers at risk when an organizational client is hell-bent on what the lawyer knows, or thinks he or she knows, will be disastrous. Legal ethics rules are different from engineering ethics, though the latter has caught up considerably since the Space Shuttle explosion, and in part because of it. However, I view the ethics conflict in parallel situations in both professions the same, as well as situations in medicine, organized religion, the military, and government. When would, and should, professionals decide to do everything in their power to stop the consequences of a terrible decision when it is outside their role and authority to do so?

In my legal ethics seminars, a majority of lawyers ultimately say they would have done “whatever it took” to stop the Challenger’s launch, whatever the consequences, if they knew what the engineers knew. They said they would go to the news media, or chain themselves to the rocket if necessary. Of course, saying it and doing it are very different things.

Here is the most recent incarnation of my Challenger disaster legal ethics question, which I presented to government lawyers a year ago. What would you answer? It is called “The Launch.”

***

In 1986, Roger Boisjoly was a booster rocket engineer at Morton Thiokol, the NASA contractor that, infamously, manufactured the faulty O-ring that was installed in the Space Shuttle Challenger, and that caused it to explode. Six months before the Challenger disaster, he wrote a memo to his bosses at Thiokol predicting “a catastrophe of the highest order” involving “loss of human life.” He had identified a flaw in the elastic seals at the joints of the multi-stage booster rockets: they tended to stiffen and unseal in cold weather.  NASA’s shuttle launch schedule included winter lift-offs, and Boisjoly warned his company that sending the Shuttle into space at low temperatures was too risky. On January 27, 1986, the day before the scheduled launch of the Challenger, Boisjoly argued for hours with NASA officials to persuade NASA to delay the launch, only to be over-ruled, first by NASA, then by Thiokol, which deferred to its client. Another engineer, Bob Ebeling, joined Boisjoly and begged for the launch to be postponed, only to be overruled.

That night, Ebeling told his wife, Darlene, “It’s going to blow up.”

Question 1:  Should one or both of the engineers have “blown the whistle”?

  1. They did.
  2. Only the engineer who was sure that it would be a disaster.
  3. No, that’s not their role, their decision, or their call.
  4. After the explosion, but not before.
  5. I have another answer.

 Question 2: How are the ethical obligations in such a situation different for government lawyers than engineers?

  1. Government lawyers have to disclose when human life is threatened, engineers don’t.
  2. Engineers have to disclose when human life is involved, government lawyers don’t.
  3. Lawyers get kicked out of their profession for blowing whistles, engineers just get blackballed.
  4. There is no difference.
  5. I have another answer.

No, I’m Not Dead, Just Teaching Ethics…

/ Jack Marshall / 19 Comments

So this is what happens when you try to get 3-4 ethics posts and over 2000 words  up every day!

I come back after 48 hours in which it was functionally impossible to get a competent ethics post up (though it is true that I have managed to do so under similar duress, though not when traveling with my ProEthics partner and wife), and find numerous emails inquiring about my health, and similar speculation in the comments.

I’m fine, just exhausted from 10 hours of driving in that span, along with six and a half hours of very intense and interactive seminar facilitation, and the stress that accompanies not fulfilling my self-imposed obligation to get at least a post up a day. I think that has happened six times in ten years.

Jeez…Ken White used to go weeks without a post on Popehat, and nobody thought HE was dead!

I’ll be in full catch-up mode tomorrow, though I have quite a few paying tasks to work on too. I know I have to look at the Democratic candidate debate, among other pressing issues.

Thanks for the concern, everybody. It makes me feel guilty, but it is  still nice to know I was missed.

Saturday Ethics Warm-Up, 10/12/2019: “If An Ethics Blog Expounds And Nobody Reads It…”

/ Jack Marshall / 29 Comments

 

Like that proverbial tree falling alone in the forest...

Epic lack of interest in Ethics Alarms today…

Oh, well…

1 . Today’s “Nah, there’s no mainstream media bias!” note for the day. Here’s that objective, professional, fair CNN reporter Jim Acosta (I’m fooling: he’s really a toxic, partisan, grandstanding hack) tweeting about the Presidents rally in Minneapolis:

How can anyone who tweets such offal continue to be employed as a White House correspondent? How can a news network that employs such a biased, dishonest jerkbe taken seriously?

The Q sign reference is especially egregious. “QAnon” is a weird conspiracy theory-driven sect, and the fact that some attendees at a Trump rally seem to support the nonsense—which is not worth explicating—proves nothing at all. But the rest of Acosta’s tweet is embarrassing too: the Trump campaigns have never bashed immigrants, just illegal immigrants, who ought to be bashed; hated of the press is stoked by the conduct of unethical journalists like Jim Acosta, and disruptive protesters are properly ejected from the political rallies of candidates from both parties. Continue reading →

Monday Ethics Warm-Up, 7/29/19: Reverse Racism And Listening To Dead People

/ Jack Marshall / 15 Comments

“Life is just one damn thing after another.”—Will Rodgers.

1. “Dear White People.” Yes, that’s the name of what “Entertainment” calls an eagerly awaited Netflix series. The title is racist. Whites, however, are supposed to ignore constant efforts to stereotype them by skin shade, “otherize” them by designating people of non-color as “you people” (the term the NAACP erupted in outrage over when Ross Perot used it to describe their members), and generally employ the same demeaning rhetoric that if used in the other direction would be attacked as racist.

The  proposed rule appears to be that males and whites, and especially white males, should capitulate to this demeaning double standard, concur that they are twin blights on civilization, and if they do not, and find themselves driven into the arms of the national elected leader and the political party that does not accept the rigged “principles” that constitute consent to be bullied, persecuted and insulted, that means they are “white supremacists” and misogynists.

The gamble, I suppose, is that whites and men are really, really stupid and cowardly, and this divisive hypocrisy will prevail.

I could be wrong, but I think it’s a bad bet.

Post script: From the Babylon Bee: “Ilhan Omar Introduces Resolution Condemning Racism, White Men, And The Jews.”

Bingo. Continue reading →

Mayor De Blasio, Mrs. De Blasio, And Rationalization #68: The Volunteer’s Dodge, Or “You Don’t Pay Me Enough To Be Ethical!”

/ Jack Marshall / 11 Comments

New York City’s Mayor Bill de Blasio (D), an unapologetic social justice warrior and crypto-socialist, installed his wife, Chirlane McCray, as the executive director of  the Mayor’s Fund to Advance New York City, NYC’s nonprofit foundation. Under the previous mayor, the Fund had raised tens of millions of dollars annually for a wide range of projects, from anti-poverty initiatives to Superstorm Sandy recovery. McCray cannot receive a salary for her job, though the mayor has complained bitterly about this. Nepotism is outlawed under the City Charter in Chapter 68 which forbids public servants using their positions “to obtain any financial gain, contract, license, privilege or other private or personal advantage, direct or indirect, for the public servant or any person or firm associated with the public servant.”

Under the leadership of McCray,  fundraising for the Mayor’s Fund has stalled. In the Bloomberg years, the nonprofit raised an average of $32 million per year, while under Mrs. de Blasio’s stewardship  it has raised an average of $22 million annually, a third less. This may be explained in part by the fact that she often isn’t working at her job. She has attended fewer than half of the meetings of the Fund’s board, and spends just an hour each week on the foundation’s business. It is June, and the New York Times reports that she hasn’t  visited the Fund’s offices in 2018, and was largely absent in the latter half of 2017. As the fund’s revenues have dived, its expenses have soared 50% since she took over,  with the organization moved into bigger offices. The Fund also supports fewer projects.

Sniffs the Times in an editorial, “the Mayor’s Fund under Mr. de Blasio and Ms. McCray has done less with more.”

De Blasio, who has pretty much solidified his reputation as a jerk, defended his wife by saying that she had done “an extraordinary job,” insisting to critics that  “You’re missing what her work is about.”

Her work is about raising money, and she’s not doing that very well. As the Times says, the first rule of fund-raising is to show up.  Mrs. Mayor helpfully added,  “It’s not about who can raise the most money.” Wait, what? Has anyone explained to her what her job is?

Then de Blasio said this, thus causing the proverbial light bulb to go off in my head, as he perfectly illustrated a rationalization that has somehow missed inclusion on the Ethics Alarms Rationalizations List:

“She does all that for zero dollars a year.”

“All that” meaning “a crummy job.”

Say hello. Mr. Mayor,  to… Continue reading →

Abashed Morning Ethics Warm-Up, 10/28/17 [Updated]

/ Jack Marshall / 35 Comments

Good Morning!

1 Following a day in which various exigencies and responsibilities, plus fatigue and distraction, caused me to whiff on getting up at least three posts I thought were worthy of consideration, yesterday I failed to get any up at all. This makes me very unhappy, and I apologize. A fly-in, fly-out assignment in New York City had me up early and back late, whereupon I had my son’s birthday to acknowledge, the World Series to scrutinize and some aching feet to attend to. Priorities can’t be ignored, and being able to recognize when something you want to do and are devoted to doing just cannot be done well in the time allowed is a matter of life competence. Yet I hate failing loyal readers who care about ethics issues and rely on Ethics Alarms to explore them, and feel negligent when this occurs…fortunately, not very often.

Still too often, however.

2. The emergence of Hollywood director James Toback as a serial sexual harasser (at least) had me preparing a post about why theatrical directors are especially prone to this conduct. The gist of it was that in college, where participation in theater is often more social than aesthetic, directors forming romantic relationships with their cast members is neither taboo nor typically exploitative. Similarly, in community theater such relationships are not unusual or unethical, unless they interfere with a director’s artistic duties: casting an inferior performer because she’s your girl friend or because you want her to be is per se unethical. These are the cultures that produce many directors, and they enter professional theater, and later films, with bad habits that cannot be tolerated or continued in a professional context. Similarly, performers also come out of that culture. It may be difficult for some of them to comprehend that what is arguably acceptable in amateur settings is becomes unconscionable in a professional one.

However, this cannot explain Toback’s conduct. An astounding 200 plus women now say they were harassed or assaulted by him, and the list filled up in less than week. Compared to Toback, Harvey Weinstein and Bill Cosby seem restrained.

Actress Selma Blair, for example, says her agent arranged for her to meet Toback for a possible role in one of his films after her career had begun with promise. Blair says the meeting was scheduled at a hotel restaurant, but  when she arrived the hostess told her that Toback wanted to meet in his hotel room. There, Toback asked her to perform a monologue nude, directed her to have sex with him, and said he would not let her leave until he “had release.” Then the actress says, he simulated sexual intercourse on her leg. 

I begin my sexual harassment seminars by stating that the problem is one of ethics. If you have respect for human beings regardless of gender, if you are fair to people you interact with, if you are caring toward them and obey the Golden Rule, if you apply the three basic ethics alarms checks (“Does this seem right? Could I tell my mother about this? Would I want this on the front page of my local newspaper?”), then you won’t be a harasser. But I can’t begin to explain how someone reaches the point of depravity and utter contempt for women that he would behave the way Blair describes Toback behaving. This is, to understate it, uncivilized. Was he raised by wolves? I suspect even wolves would be horrified by his behavior. My father never had to sit me down at 13 and say, “Jack, it’s time for a talk. It’s never right to simulate sexual intercourse on a woman’s leg when she has come to interview for a job.” I didn’t need to be told this. Who needs to be told this who isn’t already a dangerous sociopath?

Somehow, the culture of Hollywood devolved to such a state that abuse of power and women became a social norm, and even conventionally acculturated adults had their values erased and replaced. That is the only way the Tobacks and Weinsteins could come to exist. That culture is now too sick and entrenched to be wiped clean by a few scandals. It is going to take a long time to change it, if indeed it can be changed. Continue reading →

Ethics Hero: London Terror Attack Witness Richard Angell

/ Jack Marshall / 20 Comments

Richard Angell, the director of a British Labour Party think tank called Progress,  was dining with friends at the Arabica Bar and Kitchen at London’s  Borough Market when he witnessed Saturday’s terrorist attack on London Bridge, like everyone else, he was focused on the unfolding scene, which he described in detail to Buzzfeed.

Unlike everyone else, Angell returned to the establishment, now closed indefinitely,  on Sunday morning so he could pay his tab and tip the staff.

“I’ve got to pay my bill. Also, we haven’t given the staff a tip and they looked out for us when they should have been helping themselves. It was lovely food and I want the rest of my main course,” he said.

He was displaying exemplary ethics. Yes, perhaps he was grandstanding a bit too: I’m not sure how this came to be publicized. I’m hoping that the restaurant owners reported what was meant to be an example of someone quietly doing the right thing when nobody was insisting on it. In fact, that’s what I’m going to believe what happened. Whatever his motives, Angell did the right thing. He deserves the benefit of the doubt, and I need an Ethics Hero.

Ethics Dunce: Kanye West

/ Jack Marshall / 44 Comments

kanye-west-meadows-2016

I need a new designation for people like Kanye West, and am open to suggestions. Noting that in any specific episode that West is an ethics dunce is entirely superfluous and stating what was undeniable and generally known long ago. This is a man who accused George W. Bush of wanting to see black citizens suffer in the wake of Hurricane Katrina, and did so on national TV. This is a man who interrupted a fellow entertainer’s acceptance speech for an industry award to announce to the world that she didn’t deserve it. This is a man who has inflicted the names “North” and “Saint” on his helpless children. He, like Donald Trump (whom I would vote for as President over Kanye West, so don’t say I’m #NeverTrump), belongs to that rare but growing class of celebrities for whom  civil descriptions are inadequate. Only labels like “asshole” come close to describing them. In the West’s extreme case, even that is an insult to assholes.

West gave us another view of his near total ethics vacuum when he abruptly ended his October 2 performance at the Meadows Festival in Queens, New York City. He had just learned that his wife, Kim Kardashian, was robbed at gunpoint in her Paris hotel room. West, who was headlining the festival, went onstage (late, as usual) at a little after 8:45 p.m. He was scheduled to perform until 10 p.m., but walked off the stage at 9:40, halfway through the song “Heartless,” announcing, “I’m sorry, family emergency, I have to stop the show.” Continue reading →

As Close To An Ethics Hero As He’s Ever Likely To Get: Senator Ted Cruz

/ Jack Marshall / 37 Comments

I never thought I would have occasion to place the term “Ethics Hero” anywhere near Ted Cruz’s name. Ted understands ethics (unlike Donald Trump), he just discards them at will, when an end he lusts for requires an unethical means. Last night, however, Cruz brushed up against ethics heroism. He took the podium at the Republican National Convention in prime time, and directed principled conservatives and Republicans not to vote for Donald Trump, though not in so many words. It took character, it took courage, and his message was the right one.

The Texas Senator and last Trump challenger standing congratulated Trump for winning the Republican nomination,  but never endorsed him. Then he closed by telling convention-goers and TV viewers to “vote your conscience” in November. The convention throng of Trump supporters erupted in jeers, as Cruz had to know they would, and Trump felt he had to appear on the floor to pull focus from his intransigent foe. Today on Fox News, the Fox Blondes and their harassers were slamming Cruz as a traitor and a fool.

Yeah, that was how the collaborators talked about De Gaulle in France during the occupation, too. Continue reading →

Ethics Quiz: Second Thoughts About An Ethics Hero Emeritus

/ Jack Marshall / 29 Comments

challenger-shuttle-disaster-crew

I periodically read random posts here from years ago, to check and see if I would make a different analysis today, and why. It almost never happens, which is good: though I may not trace all of the steps in every post, the systems, methods, models, values and priorities I use to assess various events and scenarios are established and consistent. I also check older posts when I am uncertain about a new version of an issue I have addressed before. Again, I am almost always struck by how closely my thinking then matches my approach now. I am also often struck by the fact that I don’t recall writing the earlier post at all. There are over 6000 of them, so I don’t feel too senile.

Today, however, I read this NPR story, about a previously unnamed engineer at NASA contractor Morton Thiokol who had been interviewed, with a promise of not being named, by NPR after the Challenger Space Shuttle exploded, 30 years ago. Now Bob Ebeling has finally come forward publicly, and allowed his name to be attached to his tragic story.The night before the launch, he and four other engineers had tried to stop it, because the weather was too cold—it was the coldest launch ever— and their research told them that that the rubber seals on the shuttle’s booster rockets wouldn’t function properly in the extreme temperatures. They begged for the launch to be postponed, but their supervisors and NASA overruled them.

That night, Ebeling told his wife, Darlene, “It’s going to blow up.” It did.

“I was one of the few that was really close to the situation,” Ebeling told NPR. “Had they listened to me and wait[ed] for a weather change, it might have been a completely different outcome…NASA ruled the launch. They had their mind set on going up and proving to the world they were right and they knew what they were doing. But they didn’t.”

Thirty years ago, when Ebeling didn’t want his name used or his voice recorded,  he said he feared losing his job but that,”I think the truth has to come out.” After the interview, the investigations, and the law suits, he left the company and suffered from depression and guilt that has lasted to this day. He told NPR that in 1986, as he watched that horrible video again on TV, he thought, “I could have done more. I should have done more.”

Reading and listening to the NPR story, I agreed with him. He should have done more. I was about to write a post from that perspective, when I realized I had not only written about another engineer who had tried to delay the launch, but inducted him into the Ethics Alarms Heroes Hall of Honor. His name was Roger Boisjoly, and of him I wrote in part…

Six months before the Challenger disaster, he wrote a memo to his bosses at Thiokol predicting”a catastrophe of the highest order” involving “loss of human life.” He had identified a flaw in the elastic seals at the joints of the multi-stage booster rockets: they tended to stiffen and unseal in cold weather.  NASA’s shuttle launch schedule included winter lift-offs, and Boisjoly  warned his company that send the Shuttle into space at low temperatures was too risky. On January 27, 1986, the day before the scheduled launch of the Challenger, Boisjoly and his colleague Allan J. McDonald argued for hours with NASA officials to persuade NASA to delay the launch, only to be over-ruled, first by NASA, then by Thiokol, which deferred to its client.

And the next day, on a clear and beautiful morning, the Shuttle’s rocket exploded after take-off, killing the crew of seven and mortally wounding the space program.

My ethics verdict then? This:

“Can we accurately call Roger Boisjoly an Ethics Hero, even though he didn’t stop the launch? I usually don’t like to call people heroes for doing their jobs. If Thiokol and NASA had behaved ethically, competently and rationally, we would not know anything about his memo or him. He did the right things, as his duties demanded. He alerted management to a deadly problem in plenty of time to address it. When they went forward, he argued and protested, until the decision was final. Afterwards, he told the truth to investigators, so the decision-making problems could be addressed. In his world, in that bureaucracy, this—doing his duty, doing the right thing—took courage. He knew, I am certain, that his career would suffer as a result of his actions. Yes, that makes Roger Boisjoly an ethics hero.”

If Boisjoly was a hero, then so is Ebeling, though Boisjoly spent the rest of his professional life lecturing at engineering schools around the world on ethical decision-making, trying to prevent future disasters.

So please help me resolve a Present Jack vs. Past Jack conflict, by considering this Ethics Alarms Ethics Quiz:

Are Bob Ebeling and Roger Boisjoly really heroes?

Continue reading →