Business Ethics and Promotional Items

| Monday, October 24, 2011
By Daleim Nust


A popular way to get your business noticed in a business to business situation is the giving of promotional items as corporate gifts. This is done to varying extents by all sorts of different companies, from handing out branded pens and mouse mats to all staff at a seminar to selecting very special and expensive personalised gifts to present to the VIP you want to choose your bid.

What do you see as ethical behavior? If you ask ten different people this question you will get ten different answers. Here are a few: "Ethics has to do with what my feelings tell me is right or wrong." "Ethics has to do with my religion." 'Ethics is the standards of behavior our society accepts."

By selecting a killer gift for an important executive, you are showing not only that your business has gone to the trouble of understanding their taste, but that you value their custom enough to make a sometimes substantial outlay on bespoke products just to impress them.

It became more controversial when Mrs. Thomas became the co-founder and CEO of Liberty Central. This group publicly linked its activities to the Tea Party movement. While this association displeased some people, Nina Totenberg of NPR says, "There is nothing in the judicial Code of Conduct that would require her husband to recuse himself from cases involving the issues she has spoken so publicly about. Nor should Virginia Thomas' public opposition to matters such as the Obama health care law require Justice Thomas to recuse himself from future challenges to the law."

In other words, Supreme Court justices' family members are allowed to have political lives of their own when financial gain is not involved. Law professor Stephen Gillers says, ""A spouse of a judge can have a full political life and take positions on political issues and legal issues, even ones that come before his or her spouse."

The problem arose when it became public knowledge that Liberty Central received $550,000 from anonymous donors. Gillers says it becomes questionable "if Mrs. Thomas' [tax-exempt nonprofit] gets substantial contributions from companies or trade associations that have interests in matters that are pending at the Supreme Court or headed for the Supreme Court" (Totenberg).

Rep. Chris Murphy (D-CT) has introduced a bill that would require making the Code of Conduct binding on the Supreme Court. However, "the Brookings Institution's Wheeler notes that the Constitution provides for 'one Supreme Court,' and if some other group of judges were designated to rule on Supreme Court ethical conflicts, he says it would 'probably violate the constitutional mandate' for one court." According to experts, it appears that the Supreme Court has been fairly reliable in policing itself and making ethical judgments. Historically, where there have been lapses, they have been rectified quickly.




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