Arts & Entertainment

Is There An “Almost Naked Lovely Lawyer Principle”?

/ Jack Marshall / 7 Comments

cathy-mccarthy

Not really.

But it’s complicated.

Cathy McCarthy (above) is a 2013 graduate of Loyola Law School-Los Angeles, and she is sounding the clarion call for the right of bikini model-lawyers to be taken seriously. She wrote…

I graduated law school a year ago after receiving an academic scholarship and passed the California Bar last November on my first try. I am also a model and have had moderate success, building fan base of over 26,000 people where I do mostly bikini promotions. Does this make me better or worse at my job? According to some people, it makes me unable to be taken “seriously” in the business community. In fact, two weeks ago, I was reprimanded by a coworker for my online presence and was told to “handle the situation.”I fought back and was ultimately let off the hook, but this is not the first time that I have faced backlash from colleagues who think that a lawyer should not also get the privilege of “looking hot in a bikini.”

Unlike the case with primary and secondary school teachers, where a published presence on the web that is sexually provocative can interfere with a healthy student-teacher relationship, there is no automatic impediment to a lawyer client relationship posed by the lawyer moonlighting as a bikini model, a fold-out, or even a porn star. The profession acknowledges this in several legal ethics opinions affirming lawyers’ First Amendment rights. Lawyers can express themselves any way they choose, provided that it does not undermine their ability to represent their clients in any way. Continue reading →

Why Fox News’ Robin Williams Gaffe Matters

/ Jack Marshall / 26 Comments

Oh, Fox, Fox, Fox….

As the tragic news of Robin William’s suicide spread across the media, Fox News made an utter ass of itself by using a fake “Mrs. Doubtfire” video featuring someone dressed like the Williams character to back Greta Van Susteren’s phone interview of Larry King about the comic’s career. The footage was labeled as coming from 20th Century Fox, and then the network moved on to clips from “Mork and Mindy.”

It was a just a mistake, but I think it was a mistake of significance:

1. The “Mrs. Doubtfire” spoof  video was found by some lazy and inept lower level Fox staff member, but obviously passed review by a director, an editor, and  others. Nobody who had any idea who Robin Williams was or the slightest familiarity with his work could have been involved in this. It tells us that Fox News is sloppy and unprofessional, and should cause legitimate concerns about their news gathering process, fact-checking, and trustworthiness. (I know, I know…) Continue reading →

Phtography Ethics, Parenting Ethics, Face-stomping Ethics

/ Jack Marshall / 40 Comments

no photographs

Item:

“A 32-year-old city resident was arrested for allegedly stomping on the face of a college student who was taking pictures at a Liberty Heights park on Tuesday afternoon. Victoria M. Torres, of 211 William St., was taken into custody for assaulting a 22-year-old student who was taking snapshots for a “photography class project” near the water park in Van Horn Park, Springfield police spokesman Sgt. John Delaney said.”

The student was taking photos of Torres’s young daughter, among other subjects.

More…

“Torres approached the photographer and “demanded in a threatening manner” that she delete any pictures containing images of her children, according to Delaney. The student, who wasn’t publicly identified by police, tried to avoid a confrontation and started to leave the park.”As she was walking out, the outraged female came over and punched her twice in the face, grabbed her by the hair and pulled her to the ground,” Delaney said. Torres then “kicked the victim and stomped her face” after the photographer had fallen to the ground, Delaney said.Torres also tried to take the woman’s camera and equipment, valued at about $4,000. Torres grabbed hold of the camera strap in effort to pull the camera from the student’s neck, Delaney said.”

Let’s stipulate that stomping on the student’s face…indeed, stomping on faces generally, is per se unethical. Now that this is settled, did the t mother have a legitimate objection? Was the student behaving ethically?

Yes, and no. Continue reading →

Woody Allen, James Shigata, And Diversity Casting Ethics

/ Jack Marshall / 3 Comments
You have no idea who this is, do you? Well, it shouldn't have turned out that way...

You have no idea who this is, do you? Well, it shouldn’t have turned out that way…

I’m sure you heard about James Garner’s recent death, but were you aware of James Shigata’s passing? Shigata, who died July 28 at the age of 85, was a contemporary of Garner’s, a superb actor, and like Garner, a leading man with leading man looks. James Shigata, however, was of Asian descent, though American through and through, and never escaped the perceived limitations of the shape of his eyes. Though he had a starring role in the hit film adaption of  the Rodgers and Hammerstein musical “Flower Drum Song” and routinely received critical acclaim for all of his film work, but though he got roles on television through the ’80s, he never was able to break through the typecasting straightjacket that deemed him only suitable for “Asian” roles. If you remember him as all, it is probably as the brave Japanese executive shot by Allan Rickman in “Die Hard.”

I thought about Shigata when I read a piece in Salon, noting that director Woody Allen didn’t cast African-Americans in his movies, and that his explanation why didn’t justify the neglect. Prachi Gupta writes, Continue reading →

“The Strain” Ethics: Feminism, Sophie’s Choices and Moral Cowardice

/ Jack Marshall / 24 Comments

The-Strain-Vampires

The FX cable networks ultra-creepy, disturbing and often disgusting series “The Strain” has begun raising ethics issues, as good science fiction (this is a horror-science fiction hybrid) is wont to do. The last episode, “It’s Not For Everyone” provided its characters with one ethical dilemma after another. [SPOILER ALERT!!] Arguably, all of them were botched. Continue reading →

Marion Barry and The Julie Principle

/ Jack Marshall / 5 Comments
Poor Julie. Luckily for her, she didn't exist. Washington, D.C. does.

Poor Julie. Luckily for her, she didn’t exist. Washington, D.C. does.

The Washington Post just discovered that D.C. Councilman Marion Barry is unethical, and boy, is it steamed!

Well, that’s not quite fair. The Post editors authored an editorial about Barry’s latest example of his complete rejection of ethical principles other than his guiding star, which is “If it’s good for Marion Barry, it’s good for everyone else.” Barry recently published a self-congratulatory, delusional autobiography (I nearly wrote about it, but I was afraid doing so would make me nauseous), “Mayor for Life,” and right in the acknowledgments, he announces that one of his council aides, LaToya Foster, spent “nights, weekends, and many long hours of assistance” working on book at taxpayer expense.  Using D.C. government employees as his personal staff was standard operating procedure for Barry during his various pre- and post-crack terms as mayor, so there is little chance that he played it straight this time. No chance, really. A Washington City Paper investigation of calendar entries and emails showed that Foster’s work on Barry’s book “stretched far beyond her off-hours and into the D.C. Council workday, an arrangement that appears to violate D.C. Council ethics rules.”

The Post should stop editorializing about Barry’s ethics and instead focus attention where it might do some good: the D.C. voters and citizens he has thoroughly exploited and corrupted. Barry is a prime example of what I have dubbed The Julie Principle, evoking the famous lyrics of Julie’s lament in “Show Boat,” “Fish gotta swim, birds gotta fly…”   If Oscar Hammerstein was writing those lyrics today about Barry, the song, sung by voters of D.C.’s Ward 8, would go,

Fish gotta swim, birds gotta fly”

Marion Barry will cheat, steal and lie..

Can’t help loving that man of mine. Continue reading →

Zombie Ethics, Spoiling Things For Everyone, And The Barn Door Fallacy

/ Jack Marshall / 17 Comments

With so many terrible news stories going on around the world, it is not surprising that a bumper crop of strange and stupid ones this week went almost unnoticed. In Indiana, a truck crashed and spilled 45,000 pounds of butter, whipped cream and other dairy products on an interstate. In the skies, an elderly woman went berserk on an airplane and began beating everyone is sight with her artificial leg. This, however, wins the prize: the annual Comic Con  “Zombie Walk” in San Diego went horribly wrong when a group of rogue zombie portrayers, dressed like rotting corpses and moaning, carried their method acting too far and swarmed a car containing a family with young children—a deaf family with deaf children. Ignoring the obvious alarm and terror on the faces of the car’s occupants, the Walking Dead Wannabes pounded on the car, broke its windshield, and one zombie jumped onto the hood. At that point the driver panicked, and tried to pull away from the crowd, running down a 64-year-old woman who was seriously injured as a result. Continue reading →

[Update] Mission Accomplished, NPR: Classic American Folk Song Censored

/ Jack Marshall / 20 Comments

turkey in the straw

In May, National Public Radio carried an essay arguing that the old American folk tune “Turkey in the Straw,” long the melody of choice for ice cream trucks, was really “horribly racist.” Of course, a tune can’t be racist unless it is intended to communicate a racist message, which is impossible if nobody who hears the music discerns racial animus. NPR took care of that in a hurry. As soon as that new bit of imaginary racism surfaced, I knew that this grand old tune, a standard for square dances, country fiddlers, blue-grass bands and of course, the Good Humor truck, was on the way to oblivion. I wrote..

“You know the next step, though, because it is so familiar. Some race-huckster…will seize on NPR’s piece, and organize a Good Humor boycott, and the weak and principle-free corporate executives will fold immediately, issue an apology, and change the tune played by the trucks…”

Shortly after the appearance of the NPR piece and its progeny, Audi began running a TV ad that involved an ice cream truck playing…”Turkey in the Straw.” Someone, I don’t know who, maybe my predicted race-huckster, maybe some internal political correctness watch-dog, maybe an NPR fan, intervened, and now, “Turkey in the Straw” is gone, replaced by  the melody of “Pop Goes the Weasel.”

Mission accomplished, Race Grievance Hit Squad, NPR, Cultural Censors! American musical culture heritage is diminished, and a piece of music that entertained Americans of all races for centuries is on the way to extinction. You must be so proud.

I’m curious: what’s next on your hit list, “Huckleberry Finn”?

Oh, NO!!! “The Mikado” Ethics Again (Political Correctness Division)!

/ Jack Marshall / 38 Comments

[Here…listen to this while you read the post.]

I am apparently the official protector of Gilbert and Sullivan’s “The Mikado” from ridiculous accusations of ethics offenses, so once again, I will charge into the breach. No thanks needed, Mr. Gilbert, Sir Arthur—I owe you debts that can never be repaid.

In a brain-endangering op-ed for the Seattle Times, expresses the opinion that the operetta is a “racial caricature,” and thus “every snap of the fan was a slap in the face.” The nature of the complaint has old origins: the original show in 1885 nearly caused an international incident, as Japan registered an official complaint to Great Britain claiming a grievous insult to its people. W.S. Gilbert, who was skilled at such things (a few years later he stifled French indignation over a song in “Ruddigore” that pretended to make fun of the French while actually ridiculing British bravado), explained that “The Mikado” in no way ridicules anything about Japan or its people, but is entirely a witty and original satire on everything British. This was true then, and is true now. Then, however, people, including the Victorian era Japanese, were able to see distinctions, and were not seeking victim status and leave to play public censor under the authority conferred by political correctness. Today, people like Ms. Chan are not so easily calmed.

Thus is art harmed, entertainment stifled, laughter stilled and music forgotten. A good argument could be made that “The Mikado” is the greatest musical comedy entertainment ever written.* It certainly caused the biggest international sensation (the closest rival is another Gilbert and Sullivan classic, “H.M.S. Pinafore”): it is estimated that by the end of 1885, at least 150 companies in Europe and the U.S. were producing the satire. As recently as the 1960s, it was credibly claimed that a “Mikado” was going on somewhere in the world every minute of the day.

The show is fun in every respect: comedy, music, lyrics, satire, characters. It is also fun to act in and produce, for children as well as adults. Unfortunately, several factors have led to the gradual scarcity of productions in recent years, from the cyclical (Gilbert and Sullivan go out of style, but always come back) to the ridiculous ( it seems like every production has to cope with some absurd controversy, like the 2011 Montana production that was accused of threatening Sarah Palin’s life). Political correctness aversion has been the biggest factor in making the very best G&S show rare while productions of Broadway musical junk flourish, however. Since the characters are supposedly “Japanese,” shouldn’t all the singers be Asian? Isn’t Asian make-up offensive like blackface? Oh, hell, let’s just do “The Pirates of Penzance.”

From Ms. Chan: Continue reading →

Comment of the Day: “The Ray Rice Affair: Defending Stephen Smith (and Blaming the Victims Of Domestic Abuse When They Behave Like Rice’s)”

/ Jack Marshall / 2 Comments

 

"I'm going to slug you, and then you sing a lovely song about how you love me anyway, and it doesn't matter in the great scheme of things. OK?"

“I’m going to slug you, and then you sing a lovely song about how you love me anyway, and it doesn’t matter in the great scheme of things. OK?”

Steve-O-in-NJ sent in a thoughtful elaboration on the issue underlying my previous post regarding the obligation of abused women to end their relationship with abuser, and certainly not deepen it. He gets extra credit for quoting a lyric from “Carousel” in response to my post’s use of a similar themed lyric from “Show Boat.” (I wonder how many Broadway and popular songs are laments by abused women? The Rodgers and Hammerstein classic “Carousel’s” protagonist is an abuser: one woman he strikes says that the blow “felt like a kiss.” Gee, if he threw her down the stairs, would it feel like a hug?)

Here is Steve’s Comment of the Day on the post, The Ray Rice Affair: Defending Stephen Smith (and Blaming the Victims Of Domestic Abuse When They Behave Like Rice’s)…

There’s an Italian proverb to the effect that no one else should enter into the discussions between husband and wife. I’m personally acquainted with one couple where things went bad after the wedding because the husband decided his wife was no longer so good-looking after she didn’t quite lose all the weight she gained during her first pregnancy. I’m also acquainted with another couple, mostly with the wife, in which the husband both verbally and physically abused the wife for months before the wedding, but she married him anyway, and now with the birth of their first child it appears that life is perfect.

For a long time prior to the second couple’s wedding I listened to the now-wife’s constant complaining and gave her exactly the advice set forth above. It fell on deaf ears, and I paid a draining emotional price. Because of that, when the wife in the first couple came to me in tears because the husband’s attention had turned to some hot number with tattoos and piercings, I turned her away and told her to work it out, I didn’t have the time or the inclination to listen to this nonsense again, when all it would probably result in was her going back with him after burdening me with her problems, leaving me the loser. I should also mention that the wife in the second relationship had been in relationships with at least two other men who beat her prior to the one she actually married.

It’s hard to say that there’s a war on women when some of the women actively walk into the line of fire and toss logic to the wind (“What’s the Use of Wondrin’?”) and burden society’s resources by welcoming their 911 rescue only to drop all charges once they see their men in cuffs, leaving the cops and prosecutors wondering why they even bothered.

It’s generally an accepted practice that if you call for the paramedics because you feel ill or are injured, but decline to go to the hospital, you have to sign a form generally called an AMA (against medical advice) form, absolving them from liability. I would suggest that a similar form be adopted for domestic violence situations, where, if the woman declines to press charges, she has to sign a form saying she is doing so, and perhaps a second form where she has to sign off if she declines to leave the relationship. Then the police keep these forms on file, and when they get another call from the same address about the same stuff, they can give it a lower priority or ignore it altogether in favor of pursuing the shots fired or burglary in progress calls. It isn’t society’s job to help those who refuse to help themselves, nor to be a maid or valet service cleaning up after messy relationships but never able to get at the source. Society has an obligation to properly husband its limited resources, and members of society have an obligation not to become a drain on those resources.

Continue reading →