responsibility

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

/ Jack Marshall / 38 Comments

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading →

Comment of the Day: “The Hazing Abuse of Michael Warren”

/ Jack Marshall / 3 Comments

Reminding us that one or even several incidents can’t give us the full whole measure of an organization, Hartwick College alum Fred Stoss recalls an act of courage and principle by the fraternity that hazed Michael Warren. Let Fred tell the story:

“I cannot defend the actions of what happened to Mr. Warren. I am a member of Alpha Delta Omega Fraternity, having pledged in 1969 and served as its President from 1971 to 1972. During this time our fraternity was a rather diverse community of whites, blacks, browns, Protestants (Hartwick was then a Lutheran College), Catholics, and Jewish. There is, however, a piece of ADO history (taken from the ADO FaceBook site) that deserves mention: Continue reading →

Comment of the Day: “The Hazing Abuse of Michael Warren”

/ Jack Marshall / 3 Comments

Frequent commenter and anti-child abuse advocate Steven Mark Pilling catalogues the defenses and rationalizations offered here by collegiate commenters who thought my post was overly hard on pro-hazing Hartwick College. The references to “Hounddog” relate to a thankfully buried film shot five years years back that required a 12-year-old Dakota Fanning to be the victim in a graphic rape scene with an adult actor. Steven, along with Paul Petersen and others, successfully exposed the film’s skirting of laws and exploitation of Fanning. You can read my ethics commentary on that horrible story here and here.

“Jack: In reading those collegian posts and your responses, I almost had a feeling of deja vu. Isn’t it amazing how all the excuses and means of “defending the indefensible”- no matter what the specific issue- have points of commonality that immediately grab at you? When I was involved in the “Hounddog” issue, I ran into them all. I see many of them here… Continue reading →

No-Hit Piñatas and the Killers of Childhood

/ Jack Marshall / 12 Comments

This is a no-hit piñata. Send it to Hell.

The latest device invented by childhood-fearing adults is the “no-hit piñata,”a new invention designed to make the ancient traditional child’s game less violent. Instead of hitting the colorful paper container with sticks to get at the candy and toys inside, the children pull strings, and the piñata opens non-violently.

What fun.

This is just another sally from the growing number of whimsy-challenged and anti-violence-addled parents and psychologists, who won’t rest until no child ever again picks up a stick to use as an imaginary gun, plays soldier, watches the Roadrunner push Wile E. Coyote off a cliff, or participates in a dodge ball game. Continue reading →

The Hazing Abuse of Michael Warren

/ Jack Marshall / 24 Comments

Michael Warren should have consulted Kevin Bacon...

A fraternity hazing story—yes, amazing as it seems, there are still hazings—raises the persistent ethical issue of whether a victim is responsible for his own mistreatment if he consents to it. Even if he shares responsibility, however, his consent does nothing to reduce the ethical failings of the abusers, or those of the irresponsible authorities who presided over a sick campus culture.

Michael Warren is an African American who was the only black pledge of the Alpha Delta Omega fraternity at Hartwick College (in Oneonta, New York). His potential “brothers” locked him in a bathroom with other pledges for hours, where they were subjected to ear-splitting music and strobe lights; he was forced, he says, to dress like a pimp, a humiliating bit of racial stereotyping; and, shades of the evil Omega Theta Phi fraternity in “Animal House,” was paddled so hard that he needed medical treatment (“Thank you, sir, may I have another?”). Warren complained, and found himself a pariah on campus, making him so uncomfortable that he gave up his scholarship to transfer to Hofstra. Now he is suing Hartwick, and his lawyer is arguing that his mistreatment by the fraternity “may have ruined his life.” Continue reading →

Judge Walker Was Wrong

/ Jack Marshall / 27 Comments

Now that we know about Bert, should Judge Ernie have recused himself?

Judge Vaughn Walker, the Federal District judge who a year ago ruled California’s Proposition 8, which banned same-sex marriages, unconstitutional, was wrong. No, not about the law, which is pretty clearly unconstitutional: his opinion was fair and well-reasoned, and is likely to be upheld on appeal. Walker was ethically wrong in his handling of the delicate issue of his own sexuality, which had raised a controversy about his objectivity and ability to be impartial.

Two weeks ago, following his retirement from the bench, Walker publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. This changes the analysis regarding the propriety of his ruling on Perry v. Schwarzenegger. Walker had long been rumored to be gay; supposedly “everybody” knew he was gay. My position, as well as that of many others considering the arguments of anti-gay marriage opponents that he should recuse himself, was that sexual orientation could not and should not create a presumption of bias, any more than gender, age, race or marital status. Continue reading →

Now We Know: 22.5% of Business Execs Don’t Know What Ethics Is

/ Jack Marshall / 3 Comments

The Potter Factor: is 20% too much?

David Sokol was widely believed to be the anointed successor to billionaire Warren Buffett at the helm of Berkshire Hathaway Inc. until he resigned unexpectedly, following shocking revelations about his personal stock trading. Clever Sokol! He purchased ten million dollars worth of shares in Lubrizol Corp., a chemical company, then persuaded his boss, Buffett, to acquire it. Buffett agreed, the purchase swelled the values of the stock, and Sokol then sold his shares at a hefty profit, about 3 million dollars.

Sokol lost his job over the transaction, which has tarnished Buffett’s reputation, but he got his money. He appears to have found a neat little loophole in the insider trading prohibitions, which make it illegal for an individual to profit from investments made with the assistance of information that is not generally known. If Sokol knew that Buffett was going to purchase Lurizol and bought the stock to profit from it, he could be headed to jail. Because he made the purchase before he and Buffett discussed the deal, however, he’s only heading to the bank. Galling as it is, most authorities agree that he broke no laws.  Continue reading →

The Unethical Deficit Debate, a Cause for Despair

/ Jack Marshall / 2 Comments

Our future, thanks to Washington, D.C.

If the bi-partisan dishonesty and unethical conduct surrounding the budget showdown last week didn’t cause you to despair, then you weren’t paying attention:

  • At a time when the federal deficit threatens the long-term (and not all that long, either) solvency of the U.S., risking quality of life, world leadership and security while placing us under the thumb of China, a Machiavellian adversary, both parties—and the President— opted for ideological point-scoring and demagoguery rather than serious explication of the issues.  Irresponsible cowards.
  • The government was brought to the brink of a shutdown over a pathetic, meaningless, 39 billion dollars of cuts that Democrats called “draconian” and Republicans and Obama trumpeted as the “largest budget cuts in U.S. history”. They were draconian only if you think like Senate Majority Leader Harry Reid, who argued that Republicans were heartless to put “cowboy poetry” on the cutting block, and if, as is increasingly looking to be the case,  the Democrats are willing to let the country stay on the road to bankruptcy as long as it also leads them to power. The cuts were the “largest” only in their inflated figures: the budget was cut close to 50% after World War II. Liars and frauds.
  • Even if it were truly”the largest,” the heralded 39 billion dollars cut represented an infinitesimal dent in the overall budget and will have no appreciable effect on the deficit at all. It took a near shutdown to accomplish that. Easy Quiz: what are the chances of our current leaders displaying the political courage to make the substantial, genuine, painful cuts that all serious analysts agree are imperative to stave off financial ruin? Liars and cowards.
  • After all of the drama, after all the condemnation and hype, after “draconian” and “largest ever,” and after the President joined the charade, the no-nonsense Congressional Budget Office announced that by its calculations, the so-called cut was mostly fiction. It boiled down to only $352 million, less than 1% of a 39 billion that was inadequate to begin with. Incompetents.
  • The Democrats chuckled into their sleeves; the Republicans cried that they had been deceived, as if legislators don’t have the resources to find out what the money in the budget they are charged with approving actually pays for. Liars, incompetents and fools.

For me, the low point was President Obama’s speech at George Washington University, announcing his engagement—finally!—in the deficit-cutting debate while resorting that old Democrat stand-by, class warfare; blaming the Bush tax cuts, irresponsible but only one of many contributors to the deficit crisis; and  pledging to cut expenses by ending waste, fraud and abuse while simultaneously stating that the deficit couldn’t be cut by addressing waste, fraud and abuse.  It wasn’t any of those cynical moments that caused me to lose hope, however. It was the President’s insistence that the deficit cutting measures must not interfere with his highest priorities…such as building “new roads.” Continue reading →

Unethical Quote of the Week: Actress Reese Witherspoon

/ Jack Marshall / 5 Comments

Him: "AchOO!" Her: "You disgust me!"

“He had a very runny nose. It wasn’t appealing. It wasn’t pleasant.”

Actress Reese Witherspoon, describing to MTV in decidedly negative terms her sex scenes with “Twilight” hearthrob  Robert Pattinson in the soon-to-be-released film “Watter for Elephants.”

I’ve always liked Witherspoon, but it just doesn’t get much meaner and unprofessional than this.  Love scenes and sex scenes are potentially embarrassing for any actor or actress, and film and stage professionals recognize this and scrupulously apply the Golden Rule. If “kissing and telling” is bad, “fake sex and telling” is worse, not merely a breach of trust and confidence, not simply unfair and disrespectful, but a stunning  violation of professional standards. It is also irresponsible for an actress to attempt to shatter a film’s premise before it even opens.

I don’t know what Pattinson did or said during the shoot that provoked the actress to go out of her way to publicly embarrass him, but good luck to Witherspoon the next time she has to play a love scene with an actor. The ironic part is that Pattinson was being thoroughly professional by gamely sticking to the shooting schedule that required him to portray passion when he was suffering from a bad cold….and this is the thanks he gets.Wow.

Reese Witherspoon’s stock in trade has been playing spunky, nice girls. It seems she’s a better actress than we ever realized.

Ethics Quiz: Farrakhan, Snooki, Senator Portman, and University Speaker Ethics

/ Jack Marshall / 24 Comments

Pick your poison!

Your Ethic Quiz question for the weekend: Which of these is the most unethical choice to speak at a University?

Your choices:

A. Nicole “Snooki” Polizzi, the over-the-top trashy break-out star of the bottom-of-the barrel cable reality show “Jersey Shore,” hired for $32,000 by Rutgers University to address students. Continue reading →