Year: 2013

Jay Leno, Age Discrimination, And Our Cultural Hypocrisy

/ Jack Marshall / 21 Comments
Jay Leno, when he was talented.

Jay Leno, when he was talented.

One of the purposes of laws is to point the culture toward more ethical awareness and eventually, conduct. In the case of age discrimination, however, this isn’t working very well, and the recent foofaraw surrounding Jay Leno’s forced exit from the “Tonight Show” gives us some hints of why this is so.

NBC and the TV reporters covering the situation (in case you have a life: Leno has been forced to give up his 30 year reign at NBC’s flagship late night show in favor of his current follow-up on the NBC schedule, the lighter-than-air Jimmy Fallon) do not disguise the reason for Leno’s ouster: he is old, or at least considerably older than Fallon. Never mind that Jay still leads in the ratings over the despicable David Letterman, the Hell-spawn Jimmy Kimmel, and Jay’s former victim, poor, betrayed Conan O’Brien at TBS. Leno is 62, so he and his gray hair are being jettisoned by NBC in its fear that Kimmel, recently installed as competition by ABC, will siphon off more and more of the younger demographic that sponsors crave. I would think it would be much easier to tell Leno to start encouraging parents to torture their children too, but hey, what do I know?

What is telling is that nobody seems to see anything wrong with this. Old guys are a drag, we all know that, I guess. How many MSNBC hosts and Democratic Party flacks have loudly proclaimed that the Republican Party’s problem is that it is run by old guys? Old guys are trouble, sooner or later, so it certainly makes sense that anyone running a business or an organization figures out ways to dump them in favor of new blood, unless that pesky law stuff gets in the way. Then, of course, age discrimination is bad, bad, bad. Continue reading →

Incompetent Elected Official of the Month: Rep. Diana DeGette (D-Colorado)

/ Jack Marshall / 11 Comments
"MMM! Guns bad! Congresswoman lazy!

“MMM! Guns bad! Congresswoman lazy!

Asked how a ban on magazines holding more than 15 rounds would be effective in reducing gun violence, Rep. Diana DeGette, the sponsor of Federal legislation to prohibit the sale or transfer of ammunition magazines holding more than 10 rounds, replied with ignorant semi-gibberish worthy of recent Miss Universe competitors. She said, and I’m not making this up:

“I will tell you these are ammunition, they’re bullets, so the people who have those now they’re going to shoot them, so if you ban them in the future, the number of these high capacity magazines is going to decrease dramatically over time because the bullets will have been shot and there won’t be any more available.”

Uh, no, Congresswoman, that’s not how it works, or the theoretical reason for your own legislation. Magazines can be refilled, like Pez dispensers. It’s not as if they have to be thrown away once they are empty. Your reason for the legislation—now read your talking points  from the anti-gun lobby!—is that shooters in the process of massacring school children will have to stop to reload after only ten bullets.

Is it too much to expect that elected officials actually understand the things they set out to regulate and prohibit? That they—OK, their staffs, then, assuming the elected representative involved can read—do a modicum of research before sponsoring legislation? That they actually know what they are talking about and answer the most basic of questions—-why will this legislation help?—-accurately and articulately?

Yes, in this case apparently it is. Like  gun control or oppose gun control, all Americans have an equal stake in competent legislators who pass laws based on knowledge, not ideological cant at the lizard-brain level of “Guns bad!!! Ban bad guns and you know, gun things!” Too much of gun regulation reform advocacy has been carried on at this level in the public and the media; for a U.S. Congresswoman to do likewise is a disgrace.

______________________________

Pointer: Tim Levier

Facts: Denver Post

U.S. Education: A Lost And Untrustworthy Profession

/ Jack Marshall / 14 Comments

lostThe extent and sheer audacity of the 2009 Atlanta schools testing scandal, now resulting in teachers and administrators facing prison time, shows (or perhaps I should say “should show”) the complete folly of calling for more funding as the solution to the rotting U.S. education system. Indeed, I would argue that budgets should not be increased one penny anywhere until the educational establishment demonstrates that it is capable of policing itself, holding members of its profession to higher standards, which is to say, standards, of ethical conduct and professionalism, and can prove that it is more interested in the goal of teaching students than it is in pensions, job security, and cash. Continue reading →

Further Reflections On The Cheerleading Prosecutor (and an Ethics Pop-Quiz!)

/ Jack Marshall / 30 Comments
"By the way, counselor, nice work last Sunday..."

“By the way, counselor, nice work last Sunday…”

I wrote the post about Ina Khasin, the Fulton County assistant district attorney in the morning yesterday as I prepared for a morning ethics session for new D.C. lawyers, and had not made up my mind about whether there was or was not a legitimate “Cheerleading Prosecutor Principle” by the time I posted it. I returned to my keyboard late in the day to read the comments on the post, and finally had a chance to consider the issue carefully, benefiting from the varying perspective of the commenters. My conclusion is that for a prosecutor to indulge herself by moonlighting in a high-profile, frivolous and cognitive dissonance-generating activity like NFL cheerleading is not only weird (Ick!) but also irresponsible, and yes, unprofessional.

I’m pretty sure I’m right, too. Continue reading →

Is There A “Cheerleading Prosecutor Principle”? Apparently Not.

/ Jack Marshall / 16 Comments

irina-k-falcons

Fulton County (Atlanta) Assistant District Attorney during the week, sultry, pom-pom-waving Atlanta Falcons cheerleader on the weekend, attorney Ina Khasin (That’s her, above) has, at least so far, dispelled my suspicions that there would be “Cheerleading Prosecutor Principle” along the theory behind the “Naked Teacher Principle” and its relatives, which is that when one’s  sex-related internet images clash dramatically with the expectations and duties of one’s profession, one’s days in that profession are numbered. Apparently Khasin shares some of those suspicions, since she cheers under the (sort of) alias “Irina K.” If there’s nothing about the activity that anyone would find inappropriate, why hide the name?

Now I am assuming this is all in the open, approved by her superiors, and no longer an issue. I am also assuming that there might just be some kinds of cases that the DA’s office might not want prosecuted by a professional cheerleader. In any event, Khasin has dewn a bright line between being a lawyer-cheerleader and being a lawyer-dominatrix, which, as you will recall from this story, didn’t work out so well.

This is clearly not the “ick factor” for me, and perhaps more of a “Humunahumuna!” Factor, but I am not yet certain that professional cheerleading is in fact compatible with the ethical obligations of a prosecutor. I am very sure that it would not be consistent with the dignity and decorum requirements of a judge.

I think I’ll just have to look at the evidence for a while…

__________________________

Facts and Graphic: Above the Law

 

Now THAT’S An Appearance of Impropriety!

/ Jack Marshall / 5 Comments
Why is this woman smiling?

Why is this woman smiling?

Juliet Ellis is the assistant for external affairs at the San Francisco Public Utilities Commission at a salary of $195,000 annually. She is charged with, among other aspects of her duties, implementing the agency’s new environmental justice and community benefits policies.

She also, her public disclosures reveal, is the salaried chair of Green for All, an Oakland-based nonprofit, which trains disadvantaged minorities in energy-related work. The Commission—that is, the commission that Ellis works for in an influential position—awarded a $200,000 no-bid contract to Green for All—which Ellis chairs for compensation—to train people for city jobs.

Fancy that. Continue reading →

Ethics Dunce: Susan A. Patton

/ Jack Marshall / 9 Comments
Oh, yeah, ladies, if you can't hook one of these gems, you should just kill yourself...

Oh, yeah, ladies, if you can’t hook one of these gems, you should just kill yourself…

Ethics are built by values, and those whose values are warped and flawed are very likely to engage in unethical conduct consistent with their rickety ethical foundation. Thus it is that I have serious doubts about Princeton grad Susan A. Patton, who in a letter to the Daily Princetonian not only proclaimed her own lousy values but did so as “advice” to co-eds. (I hope the link starts working; it was not earlier today.) In her letter, she wrote…

“Forget about having it all, or not having it all, leaning in or leaning out … Here’s what nobody is telling you: Find a husband on campus before you graduate. Yes, I went there…. Men regularly marry women who are younger, less intelligent, less educated. It’s amazing how forgiving men can be about a woman’s lack of erudition, if she is exceptionally pretty. Smart women can’t (shouldn’t) marry men who aren’t at least their intellectual equal. As Princeton women, we have almost priced ourselves out of the market. Simply put, there is a very limited population of men who are as smart or smarter than we are. And I say again — you will never again be surrounded by this concentration of men who are worthy of you.”

How misguided, jaded and warped is this advice?

Allow me to take inventory. Continue reading →

Why Is Criticism Of The Obama Family Vacations Considered Partisan?

/ Jack Marshall / 34 Comments
Or perhaps "Lifestyles of the Tone Deaf and Hypocritical" is more descriptive

Or perhaps “Lifestyles of the Tone Deaf and Hypocritical” is more descriptive

I understand a lot of the partisan divide in perception and coverage of President Obama. I don’t understand this.

The President’s persistent practice of sending his family members off on lavish vacations on the taxpayers’ largesse is unequivocally tone-deaf, hypocritical, and wrong. It’s wrong. There’s no defending it. His children’s current trip to the Bahamas and a ski resort, thanks to the necessary Secret Service detail necessary to protect them, is going to cost over $100,000….the last Spring Break vacation for them did. Wrong. Unethical. Obviously unethical.

Why are partisans—and those who aren’t supposed to be partisans, but really are, like most of the press—defending it? They can’t, mind you, but they try anyway. Why?

I know how. They do it by attacking the critics. The Atlantic, for example, in a blog post by Phillip Bump, sneeringly ridiculed the factual reporting by Matthew Boyle on the Obama kids’ expensive vacations by noting 1) the reporter works for Breitbart, and Breitbart is scum 2) that the outrage ginned up by that site over Obamaphones was phony, and 3) reporters, by news media accord, aren’t supposed to report on where First Kids take vacations, citing all the other Presidential spawn that avoided media attention. Continue reading →

Roland Martin and the Tragedy of Racism

/ Jack Marshall / 10 Comments
I'll say this: Roland was less irritating than Soledad O'Brien...

I’ll say this: Roland was less irritating than Soledad O’Brien…

CNN has been engaged in either a purge or a make-over in recent weeks, depending on one’s point of view. One of the talking heads given the gate was Roland Martin, who describes himself on his blog as “a dynamic and engaging journalist.” Upon getting the bad news, Martin, who is African-American, took a hard look at his own career and abilities, applied an objective analysis, and concluded…that CNN was racist. He told the Huffington Post:

“You have largely white male executives who are not necessarily enamored with the idea of having strong, confident minorities who say, ‘I can do thisWe deliver, but we never get the big piece, the larger salary – to be able to get from here to there.”

Martin cited as proof the fact that when he guest-hosted a show for the network, the ratings didn’t drop: “If it’s a ratings game, and we won, how is it I never got a show?”

This is the permanent handicap a legacy of racism in the U.S. culture and the workplace bestows on American blacks. Not necessarily discrimination, but the impossibility of ever knowing whether discrimination and not legitimate factors have been the reason for a career setback, a failure, or the inability to advance. It is potentially crippling if the African-American, like Martin, uses the doubts created to relieve him of the duty of honest self-assessment, and to block him from the responsible course of rededicating himself to improving his skills and marketability. Continue reading →

Ethics Quote of the Week: Moses (Charlton Heston) in “The Ten Commandments”

/ Jack Marshall / 16 Comments

The evil that men should turn their brothers into beasts of burden, to be stripped of spirit, and hope, and strength – only because they are of another race, another creed. If there is a god, he did not mean this to be so.

—-Moses, as played by Charlton Heston and scripted by seven writers, in Cecil B. DeMille’s “The Ten Commandments.” answering to the Pharoah Seti’s question, “Then why are you forcing me to destroy you? What evil has done this to you?”

The Ten Commandments“The Ten Commandments” is so extravagantly fun and entertaining that, I must confess, I never watched it as an ethics film until tonight, as ABC once again broadcast the Biblical epic on an Easter weekend. This quote especially struck me as remarkable for a film made by an infamously rigid conservative, DeMille, in 1956.

On Dec. 1, 1955, Rosa Parks was arrested for refusing to give up her seat on a Montgomery city bus. The next twelve months were tense, difficult days in which the entire U.S. population was undergoing a wrenching cultural debate regarding human rights.  On Dec. 6, 1955, the civil rights boycott, led by Marin Luther King, of Montgomery city buses began. January 1956 saw Autherine Lucy, a black woman, accepted for classes at the University of Alabama in Tuscaloosa, the first African-American ever allowed to enroll.  On Jan. 30, the home of Martin Luther King, Jr. was bombed in Montgomery. February 4 saw rioting and violence on the campus of the University of Alabama and in the streets of Tuscaloosa. Lucy had to flee the campus, and the university’s Board of Trustees barred her from returning. On the 22nd of that month, warrants were  issued for the arrest of the 115 leaders of the Montgomery bus boycott. A week later, courts ordered Lucy readmitted, but the school expelled her. Continue reading →