Ethics Roundup, 11-14-2011

Ethics Roundup for 11/14/2011.

1. Ethics Bob has a post called – Are the media out to wreck Herman Cain’s candidacy? No, he’s doing it to himself, quite effectively

Here’s a paragraph from the essay:

Ethics Bob

Cain has only himself to blame for the vultures circling overhead. His story has changed—materially—every day, and more than once most days. First he denied ever being accused of sexual harassment. Then he acknowledged that there had been a complaint but he turned it over to the association that he headed and he didn’t think anything had come of it. Then he said there had been no settlement paid to his accuser(s). Then he said, wait a minute I thought there had been an agreement, not a settlement.

 

2. Gail O’Brien writing in The Week in Ethics has an interesting article –

How PSU’s President and Coach Paterno Lost the Game.

Here’s a selection from the article:

Spanier called the allegations about Sandusky “troubling. He said, “It is appropriate that they be investigated thoroughly. Protecting children requires the utmost vigilance.”

Protecting children does require utmost vigilance; a vigilance neither his actions or those of his team appear to have demonstrated to PSU’s stakeholders.

3. The Ethics Sage has another article on the Penn State Scandal –

Paterno and Penn State: A Matter of Integrity

This is good, very good –

As for the Paterno matter, the decision of the Penn State Board of Trustees to fire legendary and much loved iconic football coach Joe Paterno was painful for some to accept. After all, Paterno had just announced his retirement at the end of the year, after his 46th season as head coach. He had just become the winningest coach in college football history – 409 victories. He is loved by all at Penn State – by the university community, and throughout the state of Pennsylvania. But, is that a good reason not to fire a coach who was told of the sexual abuse of a 10-year old boy in 2002 and did not take any action that might have prevented such a tragedy in the future? Paterno knew nothing was being done by University higher-ups and didn’t take any action other than to make the initial report. This is not how a person of integrity should act.

 

Penn State Nittany Lions head coach Joe Patern...
Image via Wikipedia
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Will Rogers – Mortgage Relief

Will Rogers (19th century photo)

Image via Wikipedia

I am a big fan of the American humorist, Will Rogers. I have a first edition of one of his biographies, (Will Rogers, Ambassador of Good Will, Prince of Wit and Wisdom – P.J. O’Brien) and hope to collect a complete set of his newspaper columns.

The mortgage foreclosure crisis has  long been a concern of mine. I’ve written about it many times.

Imagine my delight when I discovered that Rogers had his own views on the subject –

… Why my lord, there is dozens of different things that will help the farmer on his land, besides water, or fertilizer, either. There is the interest on the first, and second mortgages. Why don’t they introduce a bill in Congress to help the farmer by paying off his mortgages? That’s what eating him upon the farm, it’s not lack of irrigation, or lack of fertilizer – it’s abundance of interest payments; that’ s the baby that is there every minute of every day. Talk and sing about “Old Man River,” but it’s old man “interest” that keeps the farmer running to town every few days. He has to have a bookkeeper to keep a set of book to keep track of when his various Notes and Mortgage interest comes due. It’s the thought of the old mortgages that keep him awake at night.

But if you notice, they are always trying to put through some kind of bill in Congress, but nobody ever puts one through to do something about interest. No sir, you couldn’t do that, because then you are getting into the business of the boys that really hold the hoops while the jumping is going on. You could no more get a bill through to whittle the old interest down, than you could get a politician to admit a mistake.

(The column was written in 1928 and is found on pages 134-135 of A Will Rogers Treasury, compiled by Bryan B. Sterling and Frances N. Sterling, Crown Publishing 1982)

Rogers was not a big fan of Congress or the big banks. In 1928, the farming depression was in its tenth year. American farmers had prospered during the First World War and had borrowed heavily to increase production by buying more land, mechanizing their farms, fertilizing and irrigating their crops. When the war ended and the soldiers of that war returned home and resumed farming the price of every kind of agricultural commodity dropped dramatically. The farmers were left on the hook for large mortgages that were difficult to pay. Believing in their way of life they doubled down getting further into debt but the agricultural depression did not let up until the Second World War. I wouldn’t be until the Roosevelt Administration that the farmers began to receive significant aid.

Will Rogers was a member of the one percent, the highest paid film star of his time but he never forgot where he came from and who was important even though they didn’t have that much money.

James Pilant

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Penn State Students Riot on Behalf of Morally Disgraced Coach

A number of students at Penn State have rioted over the firing of legendary football coach, Joe Paterno. I am very disappointed in their behavior. From the grand jury report alone without any other media report, it is obvious that Paterno breached his moral duty by not reporting a cruel act of pedophilia and allowing the culprit to go free and possibly continue his criminal career for nine more years. Apparently some are arguing that since Paterno told his superiors, he had fulfilled his duty!

There was never any doubt in my mind that he and the college president had to be removed. The issues here are not grey, they are not indistinct; we are looking at a clear issue of right and wrong. These rioting Penn State students are making a statement here, that they do not understand the basic responsibilities of a citizen in our society.

From the New York Times

After top Penn State officials announced that they had fired Joe Paterno on Wednesday night, thousands of students stormed the downtown area to display their anger and frustration, chanting the former coach’s name, tearing down light poles and overturning a television news van parked along College Avenue.

Now, let’s hear at least one person’s argument on behalf of the fired coach –

Again, from the New York Times story

“I think the point people are trying to make is the media is responsible for JoePa going down,” said a freshman, Mike Clark, 18, adding that he believed that Mr. Paterno had met his legal and moral responsibilities by telling university authorities about an accusation that Mr. Sandusky assaulted a boy in a university shower in 2002.

Run this phrase from the paragraph above across your mind – “met his legal and moral responsibilities” Say it out loud and see if there is any way you can mean it.

There are those who believe when they have met the very least of their legal responsibilities, their moral duties are also fulfilled. I do not hold to that. My perception is that our moral responsibilities only begin there at the moral minimum of obedience to the law. We have duties to our fellow citizens and our nation. You could add duties to religion and civilization with no argument on my part.

I teach law enforcement courses. One of the principles of American law enforcement is public support. With the public’s active participation, law enforcement is not possible. The police do not cover enough ground that they can know about any worthwhile percentage of crime. So, the bedrock of American law enforcement is the willingness of citizens to provide information and sometime testify in criminal matters. Without that cooperation, we descend into chaos.

Did Joe Paterno violate the law? Here is the relevant portion of Pennsylvania statute in question –

§ 42.42. Suspected child abuse—mandated reporting requirements.

 (a)  General rule. Under 23 Pa.C.S. §  6311 (relating to persons required to report suspected child abuse), licensees who, in the course of the employment, occupation or practice of their profession, come into contact with children shall report or cause a report to be made to the Department of Public Welfare when they have reasonable cause to suspect on the basis of their professional or other training or experience, that a child coming before them in their professional or official capacity is a victim of child abuse.

 (b)  Staff members of public or private agencies, institutions and facilities. Licensees who are staff members of a medical or other public or private institution, school, facility or agency, and who, in the course of their employment, occupation or practice of their profession, come into contact with children shall immediately notify the person in charge of the institution, school facility or agency or the designated agent of the person in charge when they have reasonable cause to suspect on the basis of their professional or other training or experience, that a child coming before them in their professional or official capacity is a victim of child abuse. Upon notification by the licensee, the person in charge or the designated agent shall assume the responsibility and have the legal obligation to report or cause a report to be made …

Now I am definitely no expert in Pennsylvania law and there can be other statutes that may apply that I am unaware of. But based on what I have here I think it is pretty clear that under this disclosure law, Paterno fulfilled the state required minimum by reporting the incident to his superiors. Now be aware, the question as to whether or not a college football coach comes into contact with children so regularly that he has a reporting responsibility is a separate issue.

So he fulfilled his legal requirement based on a very simple layman’s interpretation of the law of the State of Pennsylvania. But did he fulfill his moral responsibility?

Let’s just make that second question as simple as possible? –

Do you call the police when you have discovered someone was anally assaulting a small boy in the locker room of your team?

If you can truthfully answer that with a “no,” I guess you have reason to riot.

James Pilant

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Bank of America’s Shifts Derivatives Risk to Taxpayers | The Charlotte Observer Newspaper

Bank of America’s Shifts Derivatives Risk to Taxpayers

Let’s make this simple. Derivatives are speculative instruments used to gamble on the success or failure of some monetary enterprise. Bank of America took these derivatives from one division (uninsured) to another (federally insured). They took a essentially a speculative gamble and moved it into a federally insured institution so that any losses will be born by the federal government.

Isn’t that just sweet?

– Well, it is if you are Bank of America

James Pilant

Lawmakers are criticizing Bank of America Corp. again, this time over the reported transfer of financial instruments from Merrill Lynch into the bank’s deposit-taking arm.

It’s a move the lawmakers say could put taxpayers on the hook for big losses – three years after the bank received billions in bailouts from the federal government.

Lawmakers criticize Bank of America’s transfers | CharlotteObserver.com & The Charlotte Observer Newspaper

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CEOs Compensated Correctly, Vast Majority Of Shareholders Say

Nonsense.

They are saying nothing of the kind, and unless the author is dumber than a stone, that author is deliberately coming to a dishonest conclusion.

Shareholders are summoned at intervals usually once a year to vote on the board of directors and any policy changes. These votes are in almost all cases pre-ordained in their outcomes.

Shareholders under American law are almost powerless. Only large shareholders can build substantial building blocks of votes to challenge a current board. So, most shareholders are simply silent or agreeable.

What the vast majority of shareholders said was, “There was nothing that could be done, the board of directors is too entrenched to challenge and they have been almost to a man selected by the CEO. A no vote would be a waste of my time and could make enemies down the road.”

I don’t like this kind of misleading nonsense. “All is well, the money is well earned, compensation follows the free market, etc.”

What the shareholders would do if actually given the power they are supposed to have under the laws of property is unknown but I find it unlikely they would like to see their dividends diminished to reward CEO’s regardless of their performance and far in excess of CEO salaries in other nations.

James Pilant

CEOs Compensated Correctly, Vast Majority Of Shareholders Say

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“Comcast Owns the Internet” (via Chasing Fat Tails)

At the moment, a great deal of weeping over the defeat of net neutrality is justified. Unfortunately the war for the internet can be lost on more than one front at a time. So, “Chasing Fat Tails” explains.

James Pilant

h/t ars technica Net neutrality has long been the goal of people who care about keeping the Internet free from corporate influence.  The Internet has tremendous potential, but it can only be realized if all users have access to fast speeds that deliver all content at the same rate.  Otherwise Internet Service Providers will be able to privilege some content and users over others, the Internet will balkanize, and the tremendous benefits of a wired … Read More

via Chasing Fat Tails

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Manufacturing Enemies

“Pleas hellp,” Tudor Ureche, a college student who was participating in the U.S. government’s J-1 visa program, wrote in the email. He added that he was suffering from severe back pain from the work, and that his bosses said his temporary visa would be revoked if he complained.

Ureche never received a response. But two months later, at least 200 foreign exchange students walked out of the Pennsylvania factory in protest, saying they spent thousands of dollars to pay for their cultural exchange visa only to end up in grueling factory jobs. (The factory packed Hershey’s candy, but was operated by a subcontractor.)

You can find all this here from today’s Yahoo News.

The J-1 visa program was designed to give students from overseas a taste of the American way of life during the Cold War. Presumably, our honored guests would go home with a new appreciation of the wonders of manufacturing in this great nation. Well, times have changed. Now, we give students a taste of our current corporate decision making process. Our new welcome for these foreign students is a semi-minimum wage job from which room and board are deducted so they have even less money than when they came!

Don’t believe me? Here’s a quote from Yahoo News

The J-1 visa program brings foreign students to the country to work for two months and learn English, and was designed in part to fill seasonal tourism jobs at resorts and seaside towns. The 400 students employed at a Pennsylvania factory that packages Hershey’s candies told The New York Times that even though they make $8.35 an hour, their rent and program fees are deducted from their paychecks, leaving them with less money than they spent to get the visas and travel to the country in the first place.

So, our brilliant, innovative and thoroughly patriotic corporate leaders using subcontractors take idealistic, impressionable youth from foreign cultures, uses them for cheap labor, bullying and abusing them in the process, and then sends them home. Wow, so it seems we Americans don’t have enough enemies in the world, we have to manufacture more of them?

Let’s be blunt. If bringing foreign youth here at their own expense and using them for semi-slave labor isn’t illegal, it should be. If this is in anyway, some weird throwback program to the Cold War, it needs to end now.

We Americans have a responsibility to treat our guests with a modicum of respect. Letting corporations, in particular, Hersheys’ sub-contractors do these things is wrong. It’s vile.

It’s bad enough that Americans have to deal with soulless corporate minions on a regular basis. Subjecting would be friends to these people is more than cruel, it is counterproductive.

James Pilant

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Why unethical conduct in business is so common at this time in our history? Why is business ethics almost irrelevant?

It is now about three years since the catastrophe on Wall Street wrought destruction on this country’s economy. In those three years, the lives of much of the population have become much more difficult while the lives of those who created the disaster seem to have changed but little.

How did we get here? How did doing financial speculation amounting to little more than gambling become respectable? How did the idea of a responsibility to the other citizens of a nation become amusing to the elites?

There are several factors. The first was the advent of the baby boomers to power and authority replacing the Depression and the World War Two Generations. Probably the best date for this transfer would be 1976 when Jimmy Carter became President. He was the first President to not have served in the Second World War since Truman. The significance of this was huge. The previous generation had solid memories of the failures of financial sector and the long hard times that resulted. The difference between study and experience are dramatic. It’s even worse when it’s collective experience. The new generation had stories, movies and television to remind them of the pain of those years, but it didn’t carry the power of the emotions involved, the collective helplessness of more than fifteen years when everything that generation knew was in peril.

The second factor I point to is the advent of the Chicago School of Economics and the doctrines of Milton Friedman. I point in particular to Friedman’s 1970 article in the New York Times Magazine, The Social Responsibility of Business is to Increase its Profits. This is my favorite quote.

But the doctrine of “social responsibility” taken seriously would extend the scope of the political mechanism to every human activity. It does not differ in philosophy from the most explicitly collectivist doctrine. It differs only by professing to believe that collectivist ends can be attained without collectivist means. That is why, in my book Capitalism and Freedom, I have called it a “fundamentally subversive doctrine” in a free society, and have said that in such a society, “there is one and only one social responsibility of business–to use it resources and engage in activities designed to increase its profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception or fraud.”

I want you to understand that it appears to me that included in “the doctrine of social responsibility” is duty, honor, religion and patriotism, to name a few. (I like to tell my ethics class that the no religion agrees with this doctrine that doesn’t practice human sacrifice.) Here we have a rejection of those values that constitute Western Civilization. From Wikipedia:

The concept of western culture is generally linked to the classical definition of the Western world. In this definition, Western culture is the set of literary, scientific, political, artistic and philosophical principles which set it apart from other civilizations. Much of this set of traditions and knowledge is collected in the Western canon.

These things that make us human, these things that convey the values – the principles, that are the result of thousands of years of human experience are swept away in a simple doctrine that justifies any action within “the rules of the game.”

I want to point out one more thing: notice that the principles of “within the rules of the game” and “open and free competition without deception or fraud” are in many ways contradictory. If you can make or influence the rules why should you compete? Now get a load of this: Friedman tells businessmen that they are free of any restraint, every limitation of conduct, but they are supposed to hold to the duty of engaging in open and free competition without deception or fraud: Do whatever is necessary to make a profit but be good boys and compete.

The third element is the gradually increasing wave of deregulation which begins in a small way in 1971 when the Nixon Administration recommends the rail and trucking industries be deregulated. By the time, Jimmy Carter is elected the doctrine has gained enormous strength and much wider application. The basic implication that government regulation damages business success hampered any attempt at new regulation no matter what happened. This attitude is critical to what happens next.

The fourth element can be dated roughly as beginning 1981. Hostile takeovers and corporate raiding become regular parts of the business news. The basic significance of this is that it is a war. A war fought between manufacturing and finance, with manufacturing losing at every turn. The secondary effects were only a little less worse. You could make money at it. Not little money like people made from developing new products and making things, big money. T. Boone Pickens, one of the major corporate raiders of the period is worth three billion dollars and is rated currently as the 117th richest man in the world. Now let us add in a related development, the financing of these takeovers. Drexel Burnham Lambert paid Michael Milken 550 million dollars a year during its heyday. What did Michael Milken do to merit this: he created high yield bonds, junk bonds. The era of “financial innovation” begins here. Continuing to the present day, more and more bizarre mathematical creations will be used for investment, financing and speculation.

Now, let’s combine them. Those Americans familiar with the pain of the results pass on the reins of power to a new generation. The Chicago School of Economics will provide the philosophical basis for discarding societal responsibility. The government reacts with deregulation which makes it exceptionally difficult to re-regulate industries. The financial industry begins destroying manufacturing in its search for profits.

All the elements are now in place for what has happened and continues to happen. The American population without previous experience of the fruits of financial speculation have no common idea of what should be done. The ethic of the business world is converted from a complex set of factors motivated by religion, philosophy, the myriad other factors that tie us to one another as a people to one of profit as the only value. The government accepts this philosophy and applies it, making deregulation and not regulating pretty much the official doctrine of the government. The financial industry begins destroying healthy companies making hundreds of millions of dollars for what might kindly be described as little effort. The government does not intervene to stop this, which is a clear demarcation line in history that the power of that part of American that makes things is eclipsed by the power of the deal makers, the part of American society that moves money.

Out of this history we grew a generation of Americans who knew with certainty (and unfortunately with accuracy) that going into the financial industry, taking risks, and pushing the boundaries of the rules could make one a multi-millionaire in short order. The most capable of the students at the great universities many of them Ivy League schools went into finance. Those individuals were supposed to be a wide variety of things especially the keepers of the flame, the torch that is passed from one generation to another, the moral standards, the courage, the willingness to sacrifice for their country and their fellow man so that all can prosper. It is difficult to maintain a system of morals when the rewards are so extreme. My understanding is that ivy leaguers can start at a Wall Street firm for as much as $350,000 in salary. And after that if you are willing to do “what it takes,” the path to being a mere millionaire is quick and easy. These people were supposed to be crusading attorneys, publishers, politicians, administrators – all those things that make societies function. There is an ancient precept that nations succeed based on the wisdom of the learned, the courage of their soldiers and the efforts of the workers. Our best and brightest don’t go there. They go to make money in a moral vacuum.

We are going to pay for this for a long time. When the basic doctrine, the ethos of a country becomes devoted to the acquisition of wealth with not even a tiny lip service to virtue you get unethical conduct on a broad front across the business world. Everything that has happened since then, has grown out of these events that I described. The Savings and Loan Etc. (I was going to list them but you know as well as I do what they are and I find it too depressing to make such a list just at the moment) are all explainable out of these elements.

Now we have the demonstrations on Wall Street that are rapidly forming a counterpoint to the story,  I told above.

Is this the beginning of a brand new story or a small and insignificant chapter in the global rise of financialization?

I am hoping for a new story.

James Pilant

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Business Ethics in History – Abraham Lincoln

… An old acquaintance in Illinois, having organized a bank under the new National Bank Act, wrote offering some of the stock to Lincoln, who replied with thanks, saying he recognized that stock in a good national bank would be a good thing to hold, but he did not feel that he, as President, ought to profit from a law which had been passed under his administration. “He seemed to wish to avoid even the appearance of evil,” said the banker.

Carl Sandburg’s

Abrahm Lincoln – The War Years, 1861-1864

Page 344

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Business Ethics Roundup 10/11/2011

1. The Ethics Sage has a new post on the civility movement at Harvard  entitled –

Harvard University Jumps on the Civility Bandwagon

Here’s a key paragraph:

The fact is administrators at Harvard are pressuring the Class of 2015 to do something no other student class has ever been asked to do in 375 years: Sign a civility pledge. The “Class of 2015 Freshman Pledge” was presented to students before an opening convocation last month. The message serves as a kind of moral compass for the education Harvard imparts. In the classroom, in extracurricular endeavors, and in Harvard Yard and Houses, students are expected to act with integrity, respect, and industry, and to sustain a community characterized by inclusiveness and civility. The “Pledge” idea seems a bit odd to me. Is Harvard saying its students have not acted civilly up until now? Has Harvard ignored civic virtue in its teachings?

It’s a good article. Certainly, I think a few more pledges in the direction of civility and morality are merited. The current American ethos seems to be heavily drawn from Milton Friedman and Gordon Gekko, in equal parts.

2. Professor Chris MacDonald writing in the Business Ethics Blog has an article intriguingly entitled –

Bullying in Pursuit of the Public Good

This would be my preference for the key paragraph – not as lively as some of the others but it contains the heart of the message – Don’t assume one side is right all the time.

Now most people are generally not very worried about major corporations, or large institutions of any kind, being bullied. And it’s easy enough to understand why. We’re usually more worried about corporations having too much power, rather than too little. But to uniformly celebrate victories of NGOs over corporations is to assume that NGOs are always right. And that’s a mistake. It’s also a mistake to assume that NGOs are in any important sense democratic, or automatically representative of the public interest.

3. Lauren Bloom writing in her blog has a new article called –

A Loving Tribute to Steve Jobs

This is the best paragraph –

But the thing that keeps coming to my mind as I think about Steve Jobs was his dedication to creating extraordinary products that inspired unprecedented customer devotion. Everyone uses cell phones, computers, and other portable electornic devices these days, but if I hear someone say they “absolutely love” one of those devices, more often than not it turns out to be an Apple product. And while cartoons aren’t everyone’s cup of tea, film buffs who enjoy animation typically love Pixar movies. One might disagree on which of Pixar’s films is the best (my personal favorite is Ratatouille but my brother lobbies hard for The Incredibles), but to my recollection, there’s been something to love about every movie Pixar has ever produced.

4. Josephson on Business Ethics and Leadership has an article called –

Hunger and Poverty: Consequences of deregulating food markets

Millions of poor people are starving in famines right now because the U.S. has relaxed regulations on commodities trading over the past 10 years. Into the breach have rushed financial companies like Goldman Sachs that poured millions of dollars into food commodities trading, in pursuit of short-term profits. In the process, they’ve created artificially soaring food prices that affect the whole world.

As went tech stocks in the 90s, and housing prices in the 00s, the price of food is now set on a financial bubble.  And human agony and death is the result.

I wish the author had developed the topic in more detail. I fell like I was in the middle of a good strong read and then was cut off in the middle.

James Pilant

 

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