Month: October 2013

Down The Rabbit Hole Again With Hank

/ Jack Marshall / 18 Comments
Forgive Hank, sir....he only watches TV, and besides, he's a twit.

Forgive Hank, sir….he only watches TV, and besides, he’s a twit.

Another day, another annoying Washington Post TV review from Hank Stuever. When I last checked in on Hank as he was practicing his craft, he was ridiculing the concept of young parents committing to the care of an unplanned baby without considering abortion. Today, he’s just trying to make his readers as ignorant as he is.

I suppose there no requirement that a TV critic be conversant in literature…but there should be. All drama and entertainment is constrcted on the foundation of the stories and traditions that came before them, and while one can critique popular culture while being ignorant of everything between Beowulf and All in the Family, one cannot do so competently or professionally, both of which, as the TV critic for a major newspaper, Stuever is obigated to do. This is especially true when he presumes to critique a new TV show based on literature, however lightly, as  ABC’s new “Once Upon a Time in Wonderland” is.

Right off the bat, Hank lets us know that he knows diddly about Lewis Carroll’s strange and wonderful classic, getting “Alice in Wonderland” confused with its (equally brilliant) sequel “Through the Looking Glass.”  Hank speaks of “Lewis Carroll’s 1865 story of Alice, the girl who stepped through the Looking Glass and saw all those freaky things — rabbits, Mad Hatters, worms, Cheshire cats, etc.”  But Alice never saw any of those things when she stepped through the looking-glass, for that is a different book. “Rabbits, Mad Hatters, worms, Cheshire cats, etc.” were encountered by Alice when she fell down the rabbit hole, one the few things the Disney animated version got right. (By “worms” I’m guessing Hank ie referencing the hookah-smoking caterpillar, which is not a worm. Does Stuever know? Is he just showing contempt for the book and its characters? As Hank would undoubtedly say, “Whatever.”) Continue reading →

Ethics Quote Of The Week (“Believe It or Not!” Division): The 2nd U.S. Circuit Court of Appeals

/ Jack Marshall / 12 Comments

“We fail to see any reasonable connection between this defendant, his conviction more than a decade ago, his failure to fill out paperwork, and the government-mandated measurement of his penis.”

—- The 2nd U.S. Circuit Court of Appeals, rejecting as “extraordinarily invasive”a Vermont sex offender treatment program that required David McLaurin, who was convicted of producing child pornography, to submit to “penile stimulation treatment” as a condition for supervised release. He was shown child pornography images as the blood flow to his penis was measured.

Cheer up, Alex...it could be worse, You could be in Vermont...

Cheer up, Alex…it could be worse, You could be in Vermont…

McLaurin was arrested in 2011 for violating the federal Sex Offender Registration and Notification Act, which requires offenders to register and keep current their address information. He  received a sentence of 15 months imprisonment with five years of supervised release.

“The size of the erection is, we are told, of interest to government officials because it ostensibly correlates with the extent to which the subject continues to be aroused by the pornographic images,” the opinion states, dryly. The testing was apparently developed by a Czech psychiatrist and used by the Czech government as a way to identify and “cure” homosexuals.

Uh, yes, I’d say the court got this one right.

Unbelievable.

______________________

Facts: ABA Journal

 

 

Ethics Dunce: California

/ Jack Marshall / 34 Comments
Oh, rats. There goes my head again...where's the duct tape?

Oh, rats. There goes my head again…where’s the duct tape?

The reductio ad absurdum of the debate over illegal immigration has reached its apotheosis in California, where Governor Brown actually signed into law a provision allowing illegal immigrants to be awarded licenses to practice law in the state. The law was designed to render moot the case of illegal immigrant Sergio Gomez, who was brought into the country as a child, managed to evade detection and enforcement through law school and the bar exam, and is now fighting to be admitted to the California Bar.

Garcia has said that being able to obtain a law license “is my life’s dream come true. One of two. I’m going for the U.S. citizenship next. I want to be a full part of this country.” Well, why stop at that bizarre sequence? Why not let Mexican citizens first become U.S. lawyers, and then aspire to sneak over the border some day and become U.S. citizens? Continue reading →

The President And The Redskins: Learning Curve Flat As Ever

/ Jack Marshall / 31 Comments
An updated graph of President Obama's learning curve on his practice of gratuitous commentary on the jobs, businesses, and duties of others. Oddly, it looks exactly like the last such graph, and the graph before that...

The  updated graph of President Obama’s learning curve regarding the Presidential practice of gratuitous commentary on the jobs, businesses, and duties of others. Oddly, it looks exactly like the last such graph, and the graph before that…

In the long list of example of President Obama interfering with private decisions, court cases and local matters that the occupant of highest office in the land has an obligation not to meddle in, his comments on the Washington Redskins are among the least annoying. It was a wishy-washy statement, all in all, that he gave to the AP:

“If I were the owner of the team and I knew that there was a name of my team — even if it had a storied history — that was offending a sizable group of people, I’d think about changing it.”

Does anyone doubt that owner of the Washington Redskins, Dan Snyder, hasn’t thought about it? On its face, the statement is petty, but of course, as the President resolutely refuses to learn, everything the President of the United States says, scripted or non-, regarding national policy or local matters, be they about red lines or how victims of gun violence look like his son, the President’s comments are seized upon, blown out of proportion, spun, used as weapons, provocations and ammunition, and generally warp public policy discourse, public opinion and personal and local decision-making. Continue reading →

Heeeeeeeeeere’s JOHNNY’S BETRAYAL!!!!

/ Jack Marshall / 22 Comments

henry_bushkin_johnny_carson

Lawyers are forbidden by the ethics rules of their profession in every state from divulging the secrets of their clients, their former clients, or even their dead former clients, except in the rare circumstances when doing so will save a life or prevent a crime, and often not even then. Client confidences include all information a lawyer learns about a client in the course of the representation whether or not it is germane to the representation or not, if the client would be embarrassed by the information or would want it to remain secret.

The duty to maintain client confidences goes to the core of the professional relationship between citizens and their lawyers, and any attorney who breaches it not only harms his or her client but undermines trust in the entire profession as well. So sacrosanct is the duty that a Massachusetts court agreed with the Fall River law firm that represented Lizzy Borden in her famous murder trial, when Lizzy’s heirs tried to force it to reveal whether she did, in fact, “give her mother forty whacks” (and her father forty-one) with an ax, that it could not reveal Borden’s secrets even in the interests of history.  The firm, said the court, was quite correct: Miss Borden hired it based on its lawyers’ assurances that her secrets were safe with the firm forever, and to allow otherwise now, even a century after the crime, would betray her trust and undermine the profession’s integrity. The Massachusetts Bar agrees.

So how can it be that Henry Bushkin, for decades the late Johnny Carson’s personal lawyer and thus charged with keeping the secrets of the famously reticent comic’s personal life, is now publishing a tell-all book filled with juicy stories about his conveniently dead client? Continue reading →

Hypocrisy? No. An Absence of Integrity? Absolutely.

/ Jack Marshall / 28 Comments
Whay ever happened to this guy? Boy, we sure could use someone like him about now...

Whay ever happened to this guy? Boy, we sure could use someone like him about now…

As we all know by now, President Obama is refusing the negotiate over raising the debt limit, which, since the House of Representatives refuses to agree to raise the limit without some kind of concessions in spending by Democrats, is raising the  specter of a catastrophic default.

Conservatives have been citing as an example of the President’s hypocrisy the fact that he voted against raising the debt limit in 2006, when Bush was President and the debt owed was just about half what it is today, posing far less of a threat to the nation’s fiscal future. At that time, Senator Obama said this:

“The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. It is a sign that the U.S. government can’t pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies. . . . Continue reading →

Ethics Hero: Sergio Consuegra

/ Jack Marshall / 21 Comments
Hero!

Hero!

The violent confrontation between a group of aggrieved bikers and the driver of a sports utility vehicle (with his family on-board) in Manhattan turned into an ugly incident that left both the driver and one of the cyclists seriously injured.  You can see the disturbing video of the attack—captured on one of the cyclist’s helmetcam—-here. Who precipitated the incident will have to be sorted out in court, but the there is little question that only the intervention of bystanders stopped further injury to the driver and perhaps his family—an inspiring example of witnesses to a wrong stepping in at personal risk to themselves and making a difference. One of the rescuers—there were others, not yet named—was Sergio Consuera. Continue reading →

Ethics Lessons From The Baseball Playoffs: Joe Madden’s Confirmation Bias

/ Jack Marshall / 4 Comments
Joe Maddon...victim.

Joe Maddon…victim.

Confirmation bias is the most pernicious of all biases, the most natural, and the hardest one to deal with, since it is hard-wired into everyone’s brain. It is nearly indistinguishable from wisdom and experience, you see, but it is a bias nonetheless, and like all biases, makes us stupid. Confirmation bias prevents us from accepting and processing new information objectively, and leads us to see it in the light most favorable to what we already believe, sometimes when that light is decidedly dim or even non-existent.

Baseball is full of vivid ethics lessons, and the post-season, with such high-profile games and thick media coverage is annually an ethics smorgasbord, if you look hard enough. Saturday, Tampa Bay manager Joe Maddon, widely regarded as the smartest manager in the game, showed us how confirmation bias works, and the damage it can do. Continue reading →

How Partisanship Makes Pundits Untrustworthy

/ Jack Marshall / 21 Comments

Healthcare down

Ezra Klein is a relentlessly progressive Washington Post reporter. He’s obviously also a smart guy, and it is a shame that he has allowed his total immersion into pro-Democratic politics render him incapable of seeing current events in  anything but political combat terms. But that is what he has become, and as a result, his analysis of any issue must be considered pre-poisoned by the lack of any objectivity, and a rooting interest in “his side.”

Here is an instructive paragraph from his Post blog, in a post that was also re-written slightly as a column this weekend. He was nominally criticizing the Obama Administration’s Affordable Care Act website:

But the Obama administration did itself — and the millions of people who wanted to explore signing up — a terrible disservice by building a Web site that, four days into launch, is still unusable for most Americans. They knew that the only way to quiet the law’s critics was to implement it effectively. And building a working e-commerce Web site is not an impossible task, even with the added challenges of getting various government data services to talk to each other. Instead, the Obama administration gave critics arguing that the law isn’t ready for primetime more ammunition for their case.

Amazing, isn’t it? Continue reading →

The Ethics Of Demanding Charity

/ Jack Marshall / 50 Comments
Joanna Leigh

Joanna Leigh

I can not imagine much more heartbreaking plights than that of Boston Marathon bombing victim Joanna Leigh.

By April 14, 2013, Leigh, 39, had a newly minted doctorate in international development, and a promising career as a consultant. On April 15, she was at the finish line of the marathon, waiting for a friend to cross it, when the second of two bombs exploded ten feet from her. She was shielded from the deadly flying metal by other spectators, but still knocked unconscious. When she awoke, there was chaos around her, people screaming, maimed, covered with blood. She helped some injured find help, and then, dazed, walked home. For various reasons, she did not get herself checked out at a hospital until more than a week had passed.

Gradually, however, the symptoms of her injuries began appearing. Soon, it became obvious that the closed head injuries she suffered in the explosion have caused devastating long-term damage to her brain, and it is doubtful that her life will ever be normal again. Today, she says, she has to sleep most of the day. She cannot work or drive, and is easily disoriented, even getting lost on her own block. She has blurred vision, her hearing is impaired and she cannot avoid the constant ringing in her ears. Concentration has become difficult, and the simplest everyday tasks are overwhelming.   Continue reading →