At the Center

Craig Newmark on Helping Others Through Technology

mschulman@scu.edu (Miriam Schulman) — Thu, 09 Feb 2012 13:48:00 PST

"I'm Craig Newmark and I'm a nerd." So begins a talk by Craig Newmark, founder of craigslist, given January 24, 2012 at Santa Clara University (video). Newmark, whose site is one of the 10 most visited on the Web, described his goal as "being able to connect everyone on the planet for the common good."

Newmark was a guest in the Tech Forum series, co-sponsored by the Ethics Center, the High Tech Law Institute, and the Center for Science, Technology, and Society. He discussed how craigslist can help people through its "free stuff" and "barter" categories. His new effort, craigconnects, helps nonprofits with fundraising and brings attention to causes such as military veterans and their families, and open government.

Ethical Responsibilities of Hospital Trustees

mschulman@scu.edu (Miriam Schulman) — Tue, 07 Feb 2012 11:14:00 PST

The impact of health care reform on hospitals was the focus of a presentation by Center Executive Director Kirk O. Hanson to the 2012 Premier Governance Education Conference held Jan. 30 - Feb. 1 in Miami Beach.

Hanson focused on the ethical implications of reform for hospitals as business organizations. Among the considerations he addressed were:

Clear organizational ethics goals – ethical behavior toward all stakeholders; honest reporting; control unethical behavior
Concern for Conflicts of Interest
Greater responsibility for competence and integrity of staff and partners
Adequate policies and procedures to manage incentives to violate
Concern for understanding and adherence to ethical norms throughout organization

The Cheating Epidemic in America

mschulman@scu.edu (Miriam Schulman) — Thu, 02 Feb 2012 10:24:00 PST

David Callahan, bestselling author of The Cheating Culture, gives a lecture for the Commonwealth Club Feb. 14, moderated by David DeCosse, campus ethics director at the Markkula Center for Applied Ethics.

Come hear how this epidemic of cheating threatens the level playing field so central to American democracy. The event, at 6 p.m., will be held at the San Francisco Commonwealth Club, 595 Market Street, 2nd Floor. Tickets are $7 for students, $20 for standard admission.

Ethics: Who You Are

mschulman@scu.edu (Miriam Schulman) — Fri, 27 Jan 2012 10:11:00 PST

“Ethics are a fundamental statement of who you are,” said Franklin “Pitch” Johnson, founding partner of Asset Management Company, at a talk Jan. 25, sponsored by the Ethics Center and the SCU Department of Accounting. Johnson, whose company has made over 250 venture investments during its more than 43 years of operation, spoke on “Ethics and Venture Capital: Reflections of a Silicon Valley Life.”

Johnson counseled an audience of business students, faculty, and members of the community not to separate personal and business standards but to bring honesty and transparency into the workplace. He especially focused on the need for accuracy in representations about investments made by venture funds. “Many people aren’t careful enough in helping investors understand the performance track record of the funds.”

He also stressed the need for honesty in presentations to funders made by start-up companies. “When we interview entrepreneurs we're looking for openness,” he said. “Many people don't want to tell you the downside, but [venture capitalists] have seen the same thing 25 times with different companies, and we may be able to help. It’s kind of a falsehood not to tell important things.”

The entrepreneur’s ethics count in the venture company’s decision whether or not to become involved in a venture. “We think a lot about that,” Johnson said. “If we see things that are misleading or dishonest, it’s a turn-off. We check a person out, look into their experience and standards of behavior. The character of the person is the first thing we ask about. If it’s not there, we don’t go any further.”

Johnson also described how ethics enters into his decisions about what companies to fund. He recounted an opportunity he had to invest in the Mustang Ranch, a brothel in Nevada, where prostitution is legal. “The fact that it’s legal doesn’t mean I want to invest in it,” he said.

Asked if he would invest in a company because it was doing something for the common good even if it wouldn’t make as much money, Johnson indicated that he sees that kind of outlay coming from his charitable foundation rather than his venture funds.

But he also expressed his interest in funding biotech companies, which can take longer to become profitable than other investments. “Everything in biotech is expensive,” he allowed, “but it’s a great feeling when you find a product that can help thousands of people. We don’t go into it for the good we do, but we’re very well aware of that potential. It’s not eleemosynary, but it’s very satisfying.”

Ironically, Johnson said, the worst ethical lapses in business tend to happen when times are good. “People come in without business plans. I wouldn’t say their pitches are dishonest, but they’re not rooted in reality. In good times, people tend to be less careful because no matter what you do, you make money.”

Venture firms then face the ethical dilemma of whether to go into deals without long-term plans because people are making money on them. “Do we owe this to our shareholders?” Johnson asked.

Asset Management, he said, has taken a “more conservative view,” funding such companies as Amgen, Applied Bio Systems, Applied Micro Circuits, Conductus, Hybritech, IDEC Pharmaceuticals, Octel, Qume, Red Brick Systems, Remedy, Sierra Semiconductor, Tandem Computer, Teradyne and Verity.

Why You Hurt Me So Bad?

mschulman@scu.edu (Miriam Schulman) — Thu, 26 Jan 2012 11:15:00 PST

In a pre-Valentines Day look at love gone wrong, the Ethics Center is sponsoring a poetry slam featuring poems on relationships, Monday, Feb. 13, 9-11 p.m., in the Bronco at the SCU Benson Center.

Part of the Center's Big Q project, which focuses on everyday ethical issues for college students, the event will use the arts to explore how people treat each other.

Photo by suez92 available under a Creative Commons Attribution-Non-Commercial License.

Delaware Chief Justice on Corporate Governance

mschulman@scu.edu (Miriam Schulman) — Wed, 25 Jan 2012 09:42:00 PST

In three video interviews with Center Executive Director Kirk O. Hanson, Myron Steele, chief justice of the Delaware Supreme Court, talks about critical issues in corporate governance, with particular emphasis on fiduciary duty.

Steele, who spoke at a recent meeting of the Center's Business and Organizational Ethics Partnership, traced the origin of the concept of fiduciary duty to common law, stretching back to Roman times. The Delaware court, which is a primary source of corporate law in America, recognizes three components of fiduciary duty, he said: the duty of loyalty, the duty of independence, and the duty of care.

Pitch Johnson Reflects on Ethics and Venture Capital

mschulman@scu.edu (Miriam Schulman) — Tue, 24 Jan 2012 10:24:00 PST

Franklin "Pitch" Johnson, one of the founders of Silicon Valley and one its most highly respected venture capitalists, speaks tomorrow on ethics and venture capital, 3:30-5 p.m. in the Forbes Room, Lucas Hall on the Santa Clara University campus.

Conscience Models

ethics@scu.edu (Miriam Schulman) — Mon, 23 Jan 2012 13:33:00 PST

In an article today for the National Catholic Reporter, David DeCosse, director of campus ethics at the Center, explores the reaction of American Bishops to last week's decision by the Health and Human Services Department to require religiously-affiliated organizations to provide insurance for their employees that includes birth control:

On Friday, the Federal Department of Health and Human Services announced that religious institutions would have a year before they would be required to make contraception available at no cost to all female employees. In response, the Catholic Health Association both criticized the HHS statement and called for an 'effective national conversation on the appropriate conscience protections in our pluralistic country." Will the Church in the next year enter into such a conversation and possibly find solutions that balance the concerns of religious freedom with the respect for democratic equality? How this question is finally answered may well depend on what conceptual model of the Catholic conscience the Church brings to the table.

DeCosse analyzes that model with reference to Thomas Aquinas' definition of conscience as combining obedience to moral law and the exercise of practical reason.

A Conversation with Craig Newmark

mschulman@scu.edu (Miriam Schulman) — Thu, 19 Jan 2012 14:18:00 PST

Join us for "A Conversation With Craig Newmark," January 24, 6:30 p.m. in the Santa Clara University Benson Center, featuring the founder of craigslist, one of the 10 most visited sites on the Internet.

In early 2011 Newmark launched craigconnects, his initiative to link up everyone on the planet using the Internet to bear witness to good efforts and encourage the same behavior in others. Newmark is involved with a variety of community efforts and is particularly interested in organizations promoting public diplomacy, Middle East peace, and new forms of media such as participatory journalism.

Newmark's appearance is the second in this year's Tech Forum, co-sponsored by the Ethics Center, the High Tech Law Institute, and the Center for Science, Technology, and Society.

Bishop Robert McElroy on Conscience

mschulman@scu.edu (Miriam Schulman) — Thu, 19 Jan 2012 13:58:00 PST

In a talk yesterday on the engagement of the Catholic conscience with American public life, Robert McElroy of the San Francisco Diocese reviewed three dimensions of conscience that, he argued, should frame our understanding about our role as citiznes:

The Motivational Level: McElroy urged his audience to examine what motivates them in their political lives, to determine whether tribalism or self-interest were at the heart of their motivation or whether they were striving to be an instrument for attaining the common good.

The Directive Level: McElroy identified key social teachings of the Church that should inform conscience, including:

The right to life and the dignity of the human person
The enhancement of family life
human rights
The option for the poor and the vulnerable
The dignity of work and the rights of workers
Solidarity
Caring for God's creation

The Deliberative Level: McElroy pointed out that these key aspects of Catholic social teaching "bisect American politics." Republicans, he said, tend to focus on the right to life and family values; Democrats are in sympathy with the option for the poor and the concern with the environment

To McElroy, voting is a moral act. It's not an endorsement of a candidate's entire platform; it's an assessment, using conscience, of what person will best advance the common good in the particular situation they face.

McElroy's talk is available here as a podcast.

When Lobbyists Are Public Officials

mschulman@scu.edu (Miriam Schulman) — Fri, 13 Jan 2012 10:34:00 PST

Conflicts of interest can arise when people holding public office also represent clients whose interests may be affected by government decisions. In a New York Times article on the subject, Center Senior Fellow in Government Ethics Judy Nadler commented, “You’re fooling yourself if you think you can wear those two hats and not have it influence the outcome.”

For more on conflicts of interest in government, see the Ethics Center's Introduction to Government Ethics.

The Ethics of Casual Sex

mschulman@scu.edu (Miriam Schulman) — Wed, 11 Jan 2012 10:38:00 PST

In "Sleeping Around," the most recent case study posted on the Center's Big Q blog on college ethics, a student is challenged about his casual attitude towards sex. The best student comment on the case from any university or college wins a $100 Amazon Gift Certificate.

The case is also part of the classwork for a course on Theology, Sex, and Relationships, taught by Center Program Specialist in Health Care Ethics Karen Peterson-Iyer.

Effective Boards

mschulman@scu.edu (Miriam Schulman) — Mon, 09 Jan 2012 16:30:00 PST

What are the characteristics of an effective member of a corporate board? What should be the relationship between the board and the CEO? How can a corporate director get sufficient information to make good decisions?

In this three-part video series, Bob Finocchio, head of the board of trustees at Santa Clara University, and Lon Allan, Chairman Emeritus, Silicon Valley NACDSV, discuss how the behavior of individual directors can promote effective governance. Both men serve or have served on multiple corporate boards.

These videos are a joint project of the Ethics Center and the National Association of Corporate Directors, Silicon Valley.

Conscience, Catholicism, and American Politics

mschulman@scu.edu (Miriam Schulman) — Wed, 04 Jan 2012 13:05:00 PST

Recently, the New York Times reported, " Roman Catholic bishops in Illinois have shuttered most of the Catholic Charities affiliates in the state rather than comply with a new requirement that says they must consider same-sex couples as potential foster-care and adoptive parents if they want to receive state money.... "The bishops have followed colleagues in Washington, D.C., and Massachusetts who had jettisoned their adoption services rather than comply with nondiscrimination laws."

The bishops have increasingly raised concerns about what they regard as impositions on the Catholic conscience in American public life. Conversely, many Catholics have invoked the primacy of conscience to justify their support of something like pro-choice legislation.

On January 18, the Ethics Center will welcomes Bishop Robert McElroy, one of the leading intellectuals among the American bishops, who will address these vexing issues in his talk, "Conscience, Catholicism and American Politics." Join us at at noon in the SCU Wiegand Center.

Will You Be My Reference?

mschulman@scu.edu (Miriam Schulman) — Wed, 21 Dec 2011 15:48:00 PST

Mike must decide whether to provide a job reference for an old fraternity buddy whose Facebook page reveals some activities that his prospective employer, the same city government for which Mike works, might find problematic.

This government ethics case is one of a series developed by Center Senior Fellow in Government Ethics Judy Nadler.

Four Ethical Questions You Should Ask Yourself About Sex

mschulman@scu.edu (Miriam Schulman) — Mon, 19 Dec 2011 16:53:00 PST

In a piece for USA Today College, Miriam Schulman, who heads up the Center's Big Q Project on big ethical questions for college students, asks readers to consider four ethical questions about sex:

What do I want sex to mean?

Do my partner and I both understand sex the same way?

Does the sex show respect for my parter and myself?

Am I choosing to have sex or am I letting alcohol make the decision for me?

Read the full article at USA Today College.

When a Physician Refuses to Transfer a Patient to Hospice

ethics@scu.edu (Margaret McLean) — Fri, 16 Dec 2011 15:17:00 PST

Periodically, visitors to our Web site send us fascinating questions. While we can't respond to each one, this question from a nurse raised an issue we think may of general interest. The answer is by bioethicist Margaret R. McLean, the Center's associate director.

Q: Where can I find information about a physician's refusal to honor a patient's repeated request for hospice? The request was repeatedly denied until she changed doctors. We are looking for ways to change this and advocate for others who are being refused.

A: Your question intrigued me, partly because anecdotal evidence would indicate that the situation you describe is far from rare. However, I have no clear answer. I brought your case to two colleagues—one an elder law attorney and the other a hospice chaplain. They both found it an interesting question for which they, too, had no answer.

Whereas one would hope that a physician would follow the directions given by his/her patient, this is not always the case, as you know. There are legitimate reasons for physician's refusal, e.g., what the patient is requesting is not medically indicated; what the patient is requesting may be medically indicated but the physician (or other health care professional) refuses for reasons of conscience.

In such cases, once it is established that an impasse has been reached, the physician should make every effort to transfer care to another physician who is willing to comply with the patient's wishes. In the acute care setting, communication between physician and patient could be facilitated by the Ethics Committee, which could provide the opportunity for value identification and conversation about goals of care. In the case that you present, the burden fell on the patient to change doctors. I believe that the right outcome was achieved, but the burden was misplaced.

Here's where your desire to advocate on behalf of patients facing similar circumstances becomes vitally important to good patient care. It certainly helps to have someone—or, better yet, more than one—on the care team advocate for the patient's best interest, in this case, a transfer to hospice care. If this is in an acute care setting, then I would involve the Ethics Committee as well.

I have seen cases in which there has been a long-term relationship between the physician and patient, and the physician has a hard time "letting go." I have also seen cases in which a particular physician will never refer to hospice, a very unfortunate state of affairs. In such cases, ethics asks us to follow the patient's best interest and articulated goals of care, and facilitate a transfer of care to a physician who will comply with the patient's wishes and complete the hospice referral.

Kiva CEO on Microfinance and Global Social Benefit (video)

mschulman@scu.edu (Miriam Schulman) — Thu, 15 Dec 2011 16:32:00 PST

Matt Flannery discussed the genesis of Kiva, the microfinance Web site he co-founded, at a presentation last month, the first in this year's Tech Forum Series on law, ethics, and high technology. Flannery explained how Kiva relies on the basic human principle of reciprocity: I will help you in expectation that you will help me. That reciprocity underlies the high repayment rate of loans made through Kiva. "People feel bound to repay people that they know," Flannery said.

Flannery is an alumnus of the Global Social Benefit Incubator, a project of SCU's Center for Science, Technology, and Society, which empowers socially minded entrepreneurs to build sustainable, scalable organizations, and solve problems for people living in poverty around the world.

The event was co-sponsored by the Ethics Center; the Center for Science, Technology, and Society; and the High Tech Law Institute.

Should Some of Holiday Giving Be to Charity?

mschulman@scu.edu (Miriam Schulman) — Wed, 14 Dec 2011 11:35:00 PST

A college student who works part time has just finished purchasing Christmas gifts for her family. Now she must decide whether to spend her remaining money on herself or give to charity.

That's the dilemma currently on The Big Q, the Ethics Center's social media project for undergraduates about the ethical issues in their everyday lives. The best comment from a college student is eligible to win a $100 Amazon gift card. Visit The Big Q's Facebook page to stay up to date on the project.

Quid Pro Quo?

mschulman@scu.edu (Miriam Schulman) — Fri, 09 Dec 2011 13:48:00 PST

When an employee of the City Planning Department recommends specific contractors from a city-approved list, is he doing something unethical? What if he receives payments or favors from these contractors? Those issues are at the heart of "Friendly Advice or Quid Pro Quo," a fictionalized case study written by Center Senior Fellow in Government Ethics Judy Nadler.

Nadler is currently attending the 33rd annual conference of the Council on Government Ethics Laws.