Business & Commercial

Let’s Play “Pick The Most Unethical Lawsuit!”

/ Jack Marshall / 11 Comments

Bad suits

Hello, hello, hello, Game Show fans! My, what a great crowd we have today. I’m your host, Wink Marshall, and today our contestants are going to compete for Most Unethical Law Suit. As always, you, our home audience, will decide who get the prize, a lifetime supply of extremely expensive boloney, courtesy of our sponsor, Oscar Meyer. Are you ready? Then, let’s meet our contestants! First, heeeere’s…

Andrew Rector!

You remember Andrew, right? In June, I wrote…

ESPN cameras caught Andrew Rector sleeping in his seat in the fourth inning of  the April 13 Boston Red Sox-New York Yankees game. In the time-honored tradition of TV play-by-play when something funny, weird or, most especially, sexy is spied in the stands, ESPN commentators Dan Shulman and John Kruk  began making fun of him. The clip ended up on YouTube, naturally, and thus on various sports websites, followed by the various idiotic, cruel, gratuitously mean-spirited insults, usually composed by brave anonymous commenters. …Let me say for the record that picking fans out of the crowd at sporting events and making fun of them, whatever they are doing, is generally a rotten thing to do. I know: it’s public, you know you might be on camera, and the fine print on the ticket stub puts you on notice. Unless, however, the conduct involved is actually newsworthy or despicable (as in instances where an adult has snatched a baseball from a child), the Golden Rule applies. …Unfortunately, Rector, whose name was unknown and whose sleeping form would have been quickly forgotten, decided that his humiliation was so great that he needed to sue…for $10, 000,000. Rector filed the suit against ESPN, Shulman, Kruk, the New York Yankees and Major League Baseball…and asks for damages for defamation and intentional infliction of emotional distress, citing malicious and false statements said about him,including that Rector is “a fatty cow” that represents a “symbol of failure.” …None of the defendants actually said any of these things (“fatty cow”?). Rector’s suit is apparently making the creative legal argument that ESPN’s mild mockery seeded the vicious mockery elsewhere on the web.

Welcome back to Ethics Alarms, Andrew, old friend!  Try to sta awake, now! Has the Streisand Effect kicked in yet? We’re doing what we can to help!

Now let’s meet someone completely new to Ethics Alarms, Contestant #2, Continue reading →

Pre-Election Ethics Quiz: The Campaign Fortune Cookie

/ Jack Marshall / 19 Comments

I have not authored the usual number of unethical campaign tactics indictments this time around. One reason is that their desperation while facing an almost certain GOP wipe-out has led Democratic Party candidates into far more questionable devices than the confident Republicans as the Blues have increasingly defaulted to race-baiting, Koch brothers attacks, scare-mongering on everything from guns to contraception, and the “war on women” chorus. Combine that with the popular integrity breach of  Democratic incumbants virtually pretending that they never heard of the Democratic President in the White House, and I was faced with giving more ammunition to those who accuse me of partisan bias. Looking at the poll projections, it appears that the worst offenders—Wendy Davis, Allison Grimes, Mark Udall, and Mary Landrieu among them—will get their just desserts from voters without additional alarms from me.

Speaking of desserts: this campaign tactic is worthy of note. A loyal Rhode Island reader inquires if I have any ethical problems with the campaign of Allen Fung, the Chinese-American GOP candidate in the closely contested Rhode Island governor’s race, delivering thousands of fortune cookies to Rhode Island Chinese restaurants that look like this when you open them

fortune-cookie-fung

So your Ethics Alarms Pre-Election Ethics Quiz is the question asked of me:

Is there anything unethical about this?

Continue reading →

Misleading Legal Website Headline Of The Millenium: “Above The Law”

/ Jack Marshall / 3 Comments

Here is the headline:

Wait---didn't I just hear the President say that the economic recovery was going just great? Someone tell Danielle, quick!

Wait—didn’t I just hear the President say that the economic recovery was going just great? Someone tell Danielle, quick!

“Graduate Of Elite Law School Forced To Live Off Welfare Due To Terrible State Of Job Market”

The law school is my alma mater, Georgetown Law Center; the student is a 2010 grad who subsequently passed the bar, Danielle Owens. The author of the overwrought article in Above the Law is Staci Zaretsky. Her tone made my mind flash back to “Queen for a Day.”

I don’t particularly want to poke the Lawscam hornet’s nest again, because I don’t especially enjoy having giant photos of my head placed on-line accompanied by obscenities, and I know a lot of bitter out of work lawyers with shaky interpersonal skills, huge debts, a computer and time on their hands have nothing better to do but to blame me and anyone else they can find for their plight (and yes, if I see a couple of them posting a photo like this on Facebook with the caption, “Hello, Ethics Alarms!” I am calling the police.). Nonetheless, I can’t let this pass without noting that the headline is dishonest, and Zaretsky’s commentary on Owens’ problems is exaggerated to the point of hysteria. Continue reading →

PetSmart’s Unethical And Harmful Breedism, And Why I’m Through With The Company

/ Jack Marshall / 23 Comments

smiling-pit-bull-dog

For breedism read racism, for the illogic, bias and cruelty is the same. PetSmart, the nation’s predominant retailer of animal companion products, and one that has built its image, brand and success on being dog-friendly (customers can bring their furry pals on leashes into the stores), engages in the ignorant and deadly practice of anti-pit bull prejudice. Their customers should make it very clear to the company that its unethical and irresponsible stance will not be tolerated.

I’m not going to tolerate it, not because it will make a difference to PetSmart, but because I couldn’t look my dog in the eye again if I didn’t. Continue reading →

Now THIS Is Insensitive!

/ Jack Marshall / 11 Comments

Walmart_fat_girl_costumes

Yes, you read right: “Fat Girl Costumes.”

I don’t care for euphemisms generally, but there is no way “fat girl’ can be excused as anything but denigrating and disrespectful.

Once Walmart was deluged with protests and slams via social media after this appeared on its website this morning, it edited the page, now re-worded  to “Women’s Plus Size Halloween Costumes,” and announced,

‘This never should have been on our site. It is unacceptable, and we apologize.”

Unaddressed are  body-image issues. Most of the models shown in costume are indeed on the endomorphic side, but if Walmart calls this a fat girl…

_Walmart_fat_girl_costumes

…who isn’t?

_____________________

Source: Daily Mail

 

Incompetent Unannouced Presidential Candidate of the Month: Hillary Clinton

/ Jack Marshall / 29 Comments

Monica Lewinsky fellow-cyber-bullying victim Hillary Clinton, who is widely-expected to be the Democratic Party’s nominee for President in 2016, proclaimed this week,  while speaking at a campaign event for Massachusetts gubernatorial candidate Martha Coakley:

“Don’t let anybody tell you that it’s corporations and businesses that create jobs. You know that old theory, trickle-down economics. That has been tried, that has failed. It has failed rather spectacularly. One of the things my husband says when people ask him what he brought to Washington, he says I brought arithmetic.”

This statement is at least as much signature significance regarding Clinton’s competence to hold elective office as Todd Akin’s career-ending claim that victims of “legitimate rape” don’t get pregnant, “The View’s” former co-host Sherri Shepard confession that she thought the world might be flat, and Sarah Palin’s falsely reported—but funny! So who cares if it’s true since we hate her?—statement that she can see Russia from her house in Alaska. Some sources explained this jaw-dropping denial of reality as Clinton “moving left.” Actually, even Stalin wouldn’t try to deny that businesses create jobs, though he would probably suggest ways to stop people from telling you that, like, say, killing them. This isn’t “moving left.” This is called “losing it.” (I think Clinton looks drunk, personally.)

It is fitting that the statement came in support of Martha Coakley, whose last campaign in Massachusetts collapsed after her almost equally ridiculous statement that Red Sox icon, Curt “Bloody Sock” Schilling, was a Yankee fan. We shall see if Clinton’s denial of basic economic realities matters to her true blue supporters as much as Coakley’s admission that she knew nothing about the culture of the state she was running to represent in the Senate (she’s also on the say to losing her campaign to be governor, thank God. Yankee fan???) mattered to Bay State residents. Continue reading →

Update On “The Hitching Post,” The For-Profit Chapel Being Required To Hold Same-Sex Weddings

/ Jack Marshall / 9 Comments

Emily Litella

“Never mind!”

From NPR in Boise:

The city of Coeur d’Alene, Idaho, says the Hitching Post, a for-profit wedding chapel owned by two ministers, doesn’t have to perform same-sex marriages.The city has been embroiled in controversy ever since the owners of the Hitching Post sued the city. They say a city anti-discrimination law threatened to force them to marry same-sex couples now that gay marriage is legal in Idaho…Initially, the city said its anti-discrimination law did apply to the Hitching Post, since it is a commercial business. Earlier this week, Coeur d’Alene city attorney Mike Gridley sent a letter to the Knapps’ attorneys at the Alliance Defending Freedom saying the Hitching Post would have to become a not-for-profit to be exempt.

But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit. “After we’ve looked at this some more, we have come to the conclusion they would be exempt from our ordinance because they are a religious corporation,” Gridley explained.

…Leo Morales of the ACLU of Idaho said the exemption makes sense as long as the Hitching Post primarily performs religious ceremonies. “However, if they do non-religious ceremonies as well, they would be violating the anti-discrimination ordinance,” Morales said. “It’s the religious activity that’s being protected.”

…The group that helped create Coeur d’Alene’s anti-discrimination ordinance says the Hitching Post shouldn’t have to perform same-sex marriages. The Kootenai County Task Force on Human Relations says in a letter to the mayor and city council that the Knapps fall under the religious exemption in the law.

In other words, the result is as I said it would be, and as Professor Volokh opined that it should be.

The ethical thing, of course, would be for the Knapps to treat same sex couples as the loving human beings they are and marry them like they do any other loving couples. But when it comes to administering a religious ceremony, the State cannot force the Knapps to do what their beliefs don’t permit. Meanwhile, that’s some legal talent they are hiring in Idaho. “But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit.” Upon further review? I’d think the city’s attorney would actually read the applicable statute before threatening a business and its owners without cause.

Oh, Mike? Upon further review, the Constitution doesn’t specify non-profit or for-profit either. But thanks for causing a thoroughly unnecessary controversy based on knee-jerk political correctness and sloppiness. Unless… you knew your theory was garbage all along, and were trying to bluff the Knapps into doing what you felt was the right thing, and their constitutionally guaranteed rights be damned. You wouldn’t do that, would you? I hope not. It would be unethical.

 

Is “F-Bomb Princesses For Feminism” The Most Unethical Ad Ever?

/ Jack Marshall / 41 Comments

Pretty close, I’d say.

Here are my Top Ten ways it is unethical:

1. It’s full of lies. Women do NOT make only 77% of what men do in the same jobs. The fact that President Obama blithely quoted this infamous canard doesn’t make it any more respectable. This is the smoking gun of  feminist activist hackery.

2. A close second is the completely unreliable “1 in 5 women will be raped or sexually assaulted in their lifetimes.” Yes, what President Obama did to a stranger after voting can add to that stat…or not, depending on what the woman being polled chooses to call “sexual assault.”

3. The stat about women who were A students earning as much as men who were C students is similarly bogus. The study apparently being fucking referred to was about high school grades, not college grades. It was also widely distorted in the media, which claimed that the finding was that “high-achieving female students still won’t earn as much as male counterparts who didn’t work quite as hard” [TIME], which explains nothing about what jobs we are talking about, or career choices. More female attorneys, for example, go into family law; more male attorneys go into tort litigation.  Trial lawyers are famously non-academic–they are combative, aggressive and street smart, and the good ones become millionaires. What does this prove about gender discrimination? Not one thing.

The University of Miami study, published recently in the Eastern Economic Journal, show that a one-point increase in high school GPA raises annual earnings in adulthood by around 12 percent for men and 14 percent for women. It was not directed at gender bias issues at all, nor did it prove any.

4. Apart from substance, the ad is one more coarse and cheap bit of sensationalism employing assaultive vulgarity to get attention.  This is cultural rot, nothing more. Gutter language doesn’t illuminate or explicate, and used as it is here, it doesn’t even convey genuine passion or emotion. This is the pseudo kiddie-porn equivalent of  TV ads for Go Daddy.com featuring a busty actress making sexual innuendos to attract attention to a product having nothing to do with busty actresses. An ad currently running for a cable show has the host talking about the time he “got crabs” but how he’s going to go to an “orgy” anyway. HA! A crab orgy, get it! See, he made you think he was talking about sex, isn’t that clever? In a 7 PM commercial? No, it’s not clever. Just cheap and tawdry, like having a lot of little girls yelling “fuck” at you.

5. This isn’t even a genuine ad promoting feminist objectives. This is an ad exploiting feminists themes to sell T-Shirts. Continue reading →

Ethics Alarms Encore: “Tom Yawkey’s Red Sox Racism, and How Not to Prove It”

/ Jack Marshall / 1 Comment

Yawkey TributeEvery now and then a comment out of the blue reminds me of a post that I had forgotten. That was the case here. Reading it again for the first time in five years, I was struck by how the crux of the post is still relevant today (that crux has nothing to do with baseball), and indeed how the intervening five years have made what I thought was a bad trend a genuine political and cultural malady.

And the World Series is going on, and I feel badly about the Red Sox having such a miserable season. This post, which few read when it was first published as the blog was attracting (let’s see…) less than 200 views a day as opposed to nearly 4000 a day now, is a good one, and I enjoyed it.  That “self-professed ethicist” has his moments…. Continue reading →

Supplemental Comments On The President’s Ordered Kiss

/ Jack Marshall / 18 Comments

I’m in NYC for a law firm seminar, and expect to get back to Ethics Alarms late if at all, so I want to make a couple of clarifications lest the comments on yesterday’s Ethics Quiz go astray.

I am not blaming the President for what is a standard, culturally embedded demonstration of male dominance, presumed female submissiveness and abuse of power. He is part of the culture that tolerates this, and while it would be immensely beneficial if he used his influence as a role model to move us away from this conduct that is a major, if under-recognized, way that the glass ceiling is kept intact, I recognize that this is a lot to ask, and that he has other pressing matters to deal with.

Make no mistake, however, that the male power-hug, power-kiss is a stubborn remnant of the patriarchy. I know that astute feminists (and others, like me) know this, and the fact that they don’t have the integrity or the courage to condemn the conduct when it surface’s in  a political ally is disappointing if not surprising.

To those who (absurdly) claim that the woman’s response in the video was consensual, I only ask them to speculate what her alternative to submitting to the POTUS ordered smooch was. She knew the incident was on television. He is the leader of the free world, she is, by comparison and to the public, at least, nobody. Should she have embarrassed him by refusing? Should she reject the President of the United States when he his being “nice,” thus instantly making herself the center of a controversy? Of course not. This is why the position the President placed her in was unfair.

It is, however, incredibly, disturbingly common. From Richard Dawson’s mandatory kisses from female contestants on the original “Family Feud,” to the old lions of the plaintiffs bar trying to cop a feel with my young female staffers at an association convention, men in power, and men generally, feel they have a right to this culturally accepted invasion of a woman’s physical person, and women feel obligated to permit it. Every time they do, they do their little bit to keeping men in a step ahead of them.

That’s the real issue here, not sexual assault.