I felt badly about piling up three posts recently on unethical female Democrats running for office, and was inspired by the Washington Post’s Greg Sargent to do some analysis of Republican candidates who, at least according to Sargent, deserve equivalent criticism to what has been leveled at Alison Lundergan Grimes for refusing to say whether she voted for President Obama. [She did it again last night in her debate with Sen. McConnell.]
Sometimes finding Republican candidates who deserve an Ethics Alarms slap is hard, unless they say something bat wacky like, say, Richard Mourdock. If a Democrat is flagged by The Daily Beast or the Post, I can be pretty sure there was something said or done that was objectively troubling, because the mainstream media will bury anything from a Democrat that is vaguely defensible. A Republican, however, might be accused of certified insanity for a statement that offends progressive cant. Fox and many of the right wing websites, meanwhile, will ignore any Republican whose pronouncements don’t rise to “I am the Lizard Queen!” level of derangement, and will find fault with Democratic candidates on dubious grounds. Here are the GOP candidates for today’s ethics audit: Joni Ernst (U.S. Senate in Iowa); Tom Cotton (U.S. Senate in Arkansas); and Greg Abbott (Texas Governor race): Continue reading
1. The campaign of Texas Democratic gubernatorial candidate Wendy Davis has issued an attack ad directly referencing gubernatorial rival Greg Abbott’s partial paralysis, and includes the image of an empty wheelchair. Davis could claim—and will, if she hasn’t already–that the implication that his use of a wheelchair argues against his qualifications to be governor is inadvertent or imagined, except that her supporters were caught in a Project Veritas video mocking Abbott for his disability, and Davis has made gaffes relating to his handicap before, as when she said that he hadn’t “walked a day in her shoes.”
2. She is a member of a party with supporters in the media ready to pounce on any Republican who makes a similarly provocative reference to an opposing candidate’s race, religion, ethnicity, gender or “abled status.” The double standard is certainly a campaign boon to Democrats, but they have to take advantage of it a bit more subtly than this.
3. What is primarily wrong with the ad, however, isn’t the wheelchair, or the use of tactics that would called an appeal to bigotry if they were used by Republicans. It is that the arguments the ad seem to be making are stupid, unfair and wrong, and ones that Davis, who is a lawyer, must know are stupid and wrong, or she is stupid and wrong. Continue reading
This week’s print TIME and the magazine’s website has a story titled “Astrologer Susan Miller On Why You Should Pay Attention to the Lunar Eclipse.” The TIME writer, Laura Stampler, promotes the astrologer as if she was Nate Silver, a reliable, respectable expert in a legitimate field who has something to teach us. Susan Miller is not a reliable, respectable expert. She is an astrologer, meaning that she is as legitimate as a palm reader, a douser, or the Amazing Kreskin. She is a fraud, in a fraudulent field, however ancient or popular. There is no scholarly controversy about this. There is more evidence of the existence of Bigfoot, Nessie, ghosts and flying saucers than there is that astrology is more than pseudo-scientific claptrap. Continue reading
This is really stupid, but imagine if there’s a watch on it! Useful AND stupid at the same time! What a concept!
Billionaire Mark Cuban is an entrepreneur, investor, and owner of the NBA’s Dallas Mavericks, but in one of his more trivial enterprises (sometimes it appears that he is aspiring to be the next Donald Trump—now why would anyone do that?), he serves as a “shark” investor on the ABC TV reality show “Shark Tank.” There investors and nascent entrepreneurs compete to justify their brilliant new ideas to investors, and there Cuban recently distinguished himself as well as served as a much-needed cultural role model by calling out a fraudulent product while attempting to educate a stubbornly ignorant public.
One contestant, Ryan Naylor, hoped to succeed with what he called “a fashion accessory with health benefits.” Esso Watches, he said, restore the body’s “energy field” and improve sense of balance. You’ve seen the bracelets and necklaces that athletes wear and that work on the same theory, the theory being magic, or, if you will “negative ion technology.” When Naylor handed out samples of his product to the judges, Cuban refused to even take one, saying, “No, I’m allergic to scams. Seriously, this is not new. It’s been disproven. What you saw is the placebo effect. There’s athletes that wear it. It’s a joke. It’s a scam. It’s not real. I’m out. Okay. Thank you.” Then, having been emboldened, the rest of the judges piled on: there was blood in the water, and you know how sharks are.
In one of the filmed asides to the camera, a discouraged and bitter Naylor blamed his failure on Cuban, who, he suggested, was so emphatic about the fact that his watch’s health claims were nonsense that nobody would challenge him.
Good. Continue reading
It’s a coincidence that Monsanto had the better legal argument each time, yes. Is that what you mean?
It pains me greatly when a Facebook friend (and real friend too) posts something from a right-wing or left-wing website that is ignorant and misleading, as if she has something enlightening to share. Then I am forced to point out that 1) the post was written by someone pretending to have knowledge he did not; 2) those agreeing with him and assuming he had a valid point are hanging out with like-minded partisans who reinforce each others’ happy misconceptions, and 3) that the lawyers who cheer on conclusions that can only be explained by the fact that the concluder can’t spell law, much less under stand it. This typically loses two to ten names off my Facebook friends list. Well, too bad. They should be ashamed of themselves.
The case I have in mind: a site called “Forward Progressive: Forward Thinking for Progressive Action”—hmmm, I think it is a progressive site!—attacked Clarence Thomas for his participation in the recent SCOTUS decision in Bowman v. Monsanto. The Court ruled for Monsanto in a patent case against farmers in a matter involving the reproduction of products whose patents have expired. To Dyssa Fuchs, the writer for Forward Progressive in this case, Thomas had a clear conflict of interest and should have recused himself.
She cites the judicial code, she cites the U.S. statutes, she–of course—cites her belief that Monsanto is evil, and of course, like all good progressives, she hates Thomas, who has the effrontery to be both a hard-core conservative and black. The fact is, however, that she has no idea what she is talking about. Thomas had no conflict of interest in this case, nor does he have an “appearance of impropriety” problem because someone determined to prove that he is corrupt doesn’t understand what improprieties or judicial conflicts are, or for that matter, what lawyers do. Continue reading
Then the question is: would this happen here?
The performance art piece “Exhibit B” evokes the spectacle of “human zoo,”in which Africans were put on show for the entertainment and gawking curiosity the 19th and early 20th Century Americans and Europeans. Visitors tour a room in which black actors portray the human exhibits as well as portrayals of what modern-day equivalents would might be like. Created by white South African theatre-maker Brett Bailey, “Exhibit B” has recieved rave reviews in several venues. In Edinburgh, The Guardian’s theatre critic Lyn Gardner saw the results as “both unbearable and essential”:
“Creator Brett Bailey has been fearlessly uncompromising in his approach. The experience in the exhibition hall is entirely without comfort. Confronting us with the appalling realities of Europe’s colonial past – the stuff I definitely wasn’t taught at school – isn’t just some kind of guilt trip. It reminds us that most history is hidden from view; it reminds that Britain’s 21st-century ways of seeing are still strongly skewed by 18th-, 19th- and 20th-century colonial attitudes. The masterstroke comes at the end: the pictures and the biographies of the ordinary black Edinburgh men and women who are taking part. Tomorrow, history will look a little different.”
Never mind: Sara Myers, as well as others, don’t want to see it, so they have conspired to stop the work from being seen, at least in England, by anyone else. In her petition at Change.org, she writes: Continue reading
“…Our freedoms are recognized or denied based on court rulings. Our understanding of those court rulings often derives from media coverage of them. When we do a lousy job of covering law, or when we put up with journalists doing so, we’re doing a lousy job as citizens.”
—-Attorney-Blogger Ken White, after meticulously exposing how the media, old and new, completely misrepresented a Texas court’s striking down an overly broad statute as protecting “upskirt” photographs.
Ken White has delivered another masterpiece, expertly debunking the news media’s criminally ignorant analysis of a Texas Court opinion. I must admit, when I saw the headline “Texas Court: Ban on ‘Upskirt’ Photos Violates First Amendment Rights” and its ilk around the web, I just assumed that reporters were being sensational and dumb as usual, and moved on to other things. Thank goodness Ken was on the case, and properly flagged the danger in lawyers reacting this way. We have a tendency as a profession to think, “Well, there they go again, completely misunderstanding the law, poor dears” when we should be working overtime to set the record straight. I admonish my seminar attendees for doing this regarding the public’s distorted view of legal ethics, and fell into the same trap myself.
Ken’s dissection of the flat-out wrong reporting on this case is frightening: it is clear that most reporters are incapable of understanding what court opinions mean, yet there they are, writing nonsense and making the public more ignorant, not to mention making them think taking upskirt photographs is legal and constitutionally protected.
Counselor White has had a busy year that has kept him from providing his usual volume of daily enlightenment. He is back in top form, and we should all be grateful.