regulation

Morning Ethics Warm-Up, 1/7/2020: Oh, Great, A Red Sox Ethics Scandal….

/ Jack Marshall / 43 Comments

Bad Morning.

1. Fire this copy writer: Boll and Branch sheets informed me this morning that their product is “loved by THREE American Presidents.” Well, that settles it: I’m running right out and buying these sheets if Presidents—well, three, anyway, love them. Actually, I’m making the sheets an early target of my new rule to personally boycott any product that insults my intelligence with their ads or packaging.

So much for Chex-Mix.

2. I just realized what climate change hype is like. I’m slow, I guess. I was reading a typical Paul Krugman column about how we are doomed by climate change and only the mean, stupid Republicans refuse to accept it. (The runaway brush fires in Australia, he said, can’t be proven to have come about by climate change, the brilliant economist said, but everybody knows its climate change. All Democrats, anyway.) It then hit me: climate change is like all the reflex explanations for bad things that primitive civilizations, cults and Machiavellian leaders have used to relieve public fears of  random misfortune since the beginning of time. The devil, angry gods, witches, Jews…anything to be able to rationalize events that otherwise have no explanation.  If you sacrifice people to the gods, hang the witches or exterminate the Jews, you’ll feel better—you’re doing something by addressing the cause of all your pain. Of course, these imaginary “causes” aren’t really responsible for what’s happening, but its comforting to “do something.” In the case of climate change, the proxy trouble-makers are capitalism, personal liberty and democracy. Just get rid of them, and everything will be all right again.

I don’t know why it too so long for me to figure this out. I think it’s because I persist in the romantic notion that we all get smarter over time. I certainly don’t. Continue reading →

Morning Ethics Warm-Up, April 12, 2018: Mistakes, Senators, Survivors, The Pope And Cosby

/ Jack Marshall / 8 Comments

Good morning!

(I’m in a good mood because this happened last night…)

1. Incompetent elected officials of the month…From Reason:

On Tuesday, the Senate Judiciary and Commerce, Science, and Transportation committees grilled Facebook CEO Mark Zuckerberg about the company’s insufficient efforts to protect users’ personal data…

Sen. Roy Blunt, (R–Mo.) … didn’t seem to understand that Facebook lacks a means of accessing information from other apps unless users specifically opt in…. Sen. Roger Wicker (R–Miss.) needed a lot of clarification on how Facebook Messenger interacts with cellular service. Zuckerberg had to carefully explain to Sen. Brian Schatz (D–Hawaii) that WhatsApp is encrypted, and Facebook can’t read, let alone monetize, the information people exchange using that service. Zuckerberg had to explain to multiple senators, including Sen. Dean Heller (R–Nev.), that Facebook doesn’t technically sell its data: The ad companies don’t get to see the raw information. Sen. Patrick Leahy (D–Vt.) brought along a poster on which his office had printed out images of various Facebook pages. Leahy asked whether these were Russian propaganda groups. “Senator, are you asking about those specifically?” Zuckerberg asked. He of course had no way of knowing what was going on with those specific pages, just from looking at pictures of them….Sen. Amy Klobuchar (D–Minn.) offered this metaphor: “the way I explain it to my constituents is that if someone breaks into my apartment with a crowbar and takes my stuff, it’s just like if the manager gave them the keys.” But …Facebook didn’t willfully assist in a crime. …Sen. Debbie Fischer (R–Neb.) didn’t understand, at a fundamental level, that if you’re using Facebook, you have agreed to let Facebook know a lot of information about you. Sen. Lindsey Graham (R–S.C.) asked whether Facebook had any major competitors. …

 

This is a theme of regulation, rules and laws in the cyber age: the officials responsible for regulating the uses and abuses of technology don’t use the technology involved, don’t understand it, aren’t willing to take the time to learn, and are apparently not even aware of how irresponsible and incompetent this is, how stupid and lazy it makes them look, and how it undermines the public trust.

2. But don’t worry…In his testimony, Zuckerberg said that Facebook was working on a way to ban “hate speech.” I can’t wait to see what the left-wing crypto-fascists who run the Big Tech giants consider “hate speech.”  Actually, we have some pretty good clues. Facebook silenced pro-Trump video-bloggers “Diamond and Silk,” deeming their political content “unsafe to the community.” Continue reading →

Dentistry Ethics, Arkansas-Style: “Nice Little Dental Practice You Have Here, Dr….Too Bad If Anything Were To Happen To It!

/ Jack Marshall / 20 Comments

Smiling female dentist procedure of teeth cleaning

In 2013, Dr. Ben Burris, a successful Arkansas orthodontist, began offering low-cost teeth cleanings at his 11 offices around the state. This, he says, was a public service on his part, as he knows that preventive care is critical for teeth and that citizens who can’t afford dental insurance, which is expensive, often neglect cleanings. His cleanings cost $99 for adults and $69 for kids, far less than what other dentists charged in the state.

Burris quickly heard from  the Arkansas State Board of Dental Examiners and was told that he was breaking the law.  The Board threatened him with loss of  his license if he didn’t cease his bargain  cleanings. Why?

Well, Arkansas, like some other states, prohibits licensed dental specialists like orthodontists from doing work outside of their specialty even though they are certified to practice general dentistry.  With over a hundred employees out of work, Ben suspended the program.

What’s going on here? Boy, I did a seminar on dental ethics a few years ago: I wish I had another one where I could discuss this. The regulation is nothing more than the profession lobbying the legislature and limiting services to drive up prices. What other possible explanation is there? Cleaning teeth is not the rocket science of dentistry, and any qualified dentist should be completely competent to supervise the task, especially since much of teeth cleaning is handled by hygienists. A licensed dental hygienist is legally qualified to work in a general dentist’s office or that of a specialist without restrictions.  But the orthodontist was venturing outside of the little specialist’s box the state had built for him. Continue reading →

Weekend Comment of the Day #2: “The VW Scandal: Huge Consequences, Simple Ethics Lessons, Ominous Implications”

/ Jack Marshall / 4 Comments

GermanFlagVWThe second Comment of the Day, from prolific commenter Michael R, explores how the Volkswagen plot may have been nourished by industry-crushing over-regulation.

Here is his Comment of the Day on the post, “The VW Scandal: Huge Consequences, Simple Ethics Lessons, Ominous Implications”:

This scandal is worse that you present it. When you look at it, our government encourages such conduct. When you look at what happened, it sure looks like our wonderful Democrats hate the United States and the companies and working Americans. In 1998, the government went after US diesel manufacturers for a less-devious defeat device (it seems that it worked only when the engine was under strain and the emission controls worked at least some of the time during normal operation). They were fined and had to pay for environmental remediation to the tune of $1 billion. The software was not as essential to the running of the engines as VW’s, as the companies were able to make the engines compliant with a software fix.

Continue reading →

Of Black Lungs and Concussions: How Can An Ethical Person Be A Football Fan?

/ Jack Marshall / 74 Comments
So now you know. And,,,?

So now you know. And…?

The worst thing about pro football is not its wife-beating, gun-toting, child-beating players, or that the league happily has been willing to ignore these little flaws while promoting such flawed men as heroes to America’s young. Nor is the worst thing about pro football the fact that one of its teams has a politically incorrect nickname. No, the worst thing about pro football is that it makes billions from inducing young men to cripple their cognition long before nature would even consider doing it to them, and corrupts its huge national audience by inducing it to not only cheer this process, but pay for it.

Sally Jenkins, in a frank, stark column for the Washington Post, compared the NFL to the coal industry of yore, when minors were dying of black lung and terrible working conditions, and the government had to step in:

Since the NFL insists on behaving like the coal industry circa 1969, the only solution to its problems is for Congress to step in and regulate the business of these 32 billionaire plunderers. This week, the Department of Veterans Affairs brain bank announced that 76 out of 79 deceased NFL players had chronic traumatic encephalopathy, a degenerative brain disease. The price for owning a team just went up. Jerry Jones, Bob Kraft, Dan Snyder, Steve Bisciotti and all the rest, if you want to enrich yourselves at the expense of the ravaged health of others, be prepared to pay for it. Your future is endless litigation and government interference.

The CTE thunderbolt follows closely on the league’s callous handling of domestic violence cases. A new raft of medical investigations and lawsuits say that CTE caused some of these devastating domestic explosions, such as Jovan Belcher’s 2013 murder-suicide. CTE leads to aggression, paranoia, impaired judgment and depression….Here’s the deal: Concussions are the black lung of the NFL. And the league knows it.

Sure it does, but my problem is, so do its fans. The nation needed coal, still needs it in fact, so regulating that industry was reasonable, imperative, and practical. The country doesn’t need to have a deadly sport to watch every Sunday (Thursday, Monday…). Once it could claim that it was innocent, that helmeted players were protected, and that the tragically crippled were aberrations. Not any more. Continue reading →

Comment of the Day: “Of COURSE There’s An Unwed and Pregnant Catholic School Teacher Principle….Don’t Be Silly.”

/ Jack Marshall / 16 Comments

No irish

I encourage the long form comment here, and Ethics Alarms has many commenters who are masters of the form. I feel badly about the many longer, well thought out essays-as-comments that I do not highlight as Comments of the Day, because they represent—well, most of the time—the kind of serious thought and original expression that most blogs, even many of the best, seldom see. Length is not virtue, of course, but ethics, as this post by texagg04, reminds us, is a vital topic that often does not yield answers that are easy, simple, or permanent. The post is in response to a statement from Fred, another trenchant commenter, on the thread’s discussion of whether a school is ethically obligated to allow single and pregnant teachers, if in its view this undermines its efforts to teach certain values and life choices to the young. Fred wrote:

““Doesn’t have to take the job” is not an ethical or legal excuse if there’s a discriminatory requirement not related to doing the job. Being pregnant while teaching does have some relation to the job. Mopping while Methodist doesn’t….There’s an ethics question in whether the school lived up to their religious principles and a legal issue of arguable sex discrimination.”

Here is texagg04’s reply and the Comment of the Day, to the post, Of COURSE There’s An Unwed and Pregnant Catholic School Teacher Principle….Don’t Be Silly.:

 

Let’s start from the market aspect and contractual aspect, and disregard existing law initially…

An employer creates jobs when he senses the market demands a value the potential job can provide. I think the answer lies between two poles: Continue reading →

A Rational Perspective on Gun Control From Eugene Volokh

/ Jack Marshall / 16 Comments

guns and liquorLaw professor and Constitutional Law specialist Eugene Volokh (of Volokh Conspiracy renown) has weighed into the often hysterical gun control debate with useful perspective by suggesting an analogy between alcohol and guns. Some highlights of his post, titled “So What Are We Going To Do About It?:

  • “So what are we suggesting should be done about the shootings? If we’re not suggesting gun controls (as opposed to proposals such as allowing teachers to be armed, increased concealed carry rights outside schools, providing school guards, and the like), the argument goes, we’re not taking gun tragedies seriously.” Continue reading →

The S.E.C.’s Betrayal and Why Regulation Can’t Cure Unethical Cultures

/ Jack Marshall / 11 Comments

Your SEC at work....

I awoke this morning to read that a former U.S. Securities and Exchange Commission official has credibly claimed that the S.E.C. destroyed thousands upon thousands of records of enforcement cases in which it had decided not to file charges or to launch full-blown probes. The case records dumped included prominent Wall Street firms such as Goldman Sachs, Citigroup, Bank of America, Morgan Stanley and SAC Capital.

Here’s is how Rolling Stone concluded its excellent report on the scandal:

“Forget about what might have been if the SEC had followed up in earnest on all of those lost MUIs(“Matters Under Inquiry”). What if even a handful of them had turned into real cases? How many investors might have been saved from crushing losses if Lehman Brothers had been forced to reveal its shady accounting way back in 2002? Might the need for taxpayer bailouts have been lessened had fraud cases against Citigroup and Bank of America been pursued in 2005 and 2007? And would the U.S. government have doubled down on its bailout of AIG if it had known that some of the firm’s executives were suspected of insider trading in September 2008?” Continue reading →

How the Lack of Ethics Cripples Democracy, Reason #2: Corporate Executive Greed

/ Jack Marshall / 11 Comments

 

"Let's see...that's one schilling for Cratchet, 280 for me..."

The average compensation for chief executives of the 500 largest U.S. corporations is going up again.

According to Governance Metrics International, the average compensation for the CEOs, including salary, bonus and benefits plus the exercise of stock options, the vesting of stock grants and retirement benefits, was just under $12 million in 2010, up 18 percent from 2009. As Washington Post business writer Steve Pearlstein observes in his column this week, if you believe this is justified by market forces and common sense, “then you must also believe two things: First, that none of these guys would do the same job for a nickel less. Second, that the value of the chief executive went up 18 percent last year while the value of average workers in their companies changed very little.”  “And,” concludes Pearlstein, “if you believe that, you are a fool and an ideal candidate for an open seat on an S&P company board of directors.” Continue reading →

Unethical Quote of the Week AND Unethical Apology of the Month: Rep. Steve Cohen

/ Jack Marshall / 2 Comments

First, the quote:

“I said Goebbels lied about the Jews, and that led to the Holocaust. Not in any way whatsoever was I comparing Republicans to Nazis. I was saying lies are wrong…I don’t know who got everybody’s panties in a wad over this statement.”

—–Rep. Steve Cohen (D-Tenn.), in his initial dismissal of criticism over his rant on the House floor regarding Republican characterizations of the health care bill.

This quote is really remarkable, for it is hard to pack so many kinds of dishonesty into so few words.It’s hard to know where to begin. Continue reading →