Gender and Sex

No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes

/ Jack Marshall / 9 Comments
"A feminist lawyer like Estrich taking on the same clients men do? That's outr...wait, what side am I on again?"

“A feminist lawyer like Estrich taking on the same clients men do? That’s outr…wait, what side am I on again?”

Fired Fox News creator Roger Aisle hired renowned feminist lawyer and teacher Susan Estrich to defend him against the sexual harassment law suit filed by former Fox Blonde Gretchen Carlson. Responding to shock and disappointment among some feminists and others that Estrich would “abandon her principles” to defend such a client, Slate’s feminism reporter Nora Caplan-Bricker authored a post titled “The One Good Reason for a Trailblazing Feminist Lawyer to Defend Roger Ailes.”

This is in the category of a supposedly enlightening post that actually makes readers less informed. There only needs to be one Reason for a Trailblazing Feminist Lawyer to Defend Roger Ailes, and it is a great reason. Susan Estrich is  a lawyer; lawyers defend people who are sued; lawyers do not have to agree with, support or approve of  a client’s alleged actions requiring such a defense; and there’s is no reason in legal ethics or any other ethical system that argues that a U.S. citizen shouldn’t have access to the best representation possible.

For her part, Estrich has said that she is taking the case because “The individual gets convicted long before he or she has had an opportunity to defend himself. And that’s not fair, whether it is happening to a woman or a man.” That’s the civil law equivalent of the late Johnnie Cochran defending his accepting O.J. as a client by saying, “In this country, everyone has the right to be treated as innocent until found guilty by a jury of his peers.”

Partial translation of both statements: “I’m a lawyer, and I don’t judge my clients. That’s not my job. My job is to help them use the law and legal system for their own purposes and protection, like any other citizen.”

I’ve written about this aspect of lawyers’ vital function in society, one that non-lawyers just cannot seem to grasp, so many times. Here’s a recent post; but maybe this one from 2015 is more on point. That one was about progressive legal icon and Harvard law prof Larry Tribe representing Peabody Energy, the world’s largest private-sector coal company, in a lawsuit that sought to invalidate some EPA regulations adverse to their horrible, evil, earth-destroying–but legal!–business. Tribe was called a traitor to the Cause of turning the U.S. into a wind and solar run nation, and I explained that the attacks on him, like all such attacks, were based on a stubborn lack of comprehension by non-lawyers, writing..

That is what lawyers do, and what they exist to do: represent citizens and companies as they seek to avail themselves of their guaranteed right to use the law to protect their interests. The public and media just don’t get it, and appear to be immune from educating on the subject: what your lawyer personally believes about your cause doesn’t matter. His or her job isn’t to judge you or your purpose. It is to give you the chance to use your rights to due process and the courts to have the law work for you rather than against you, and to have your position, if legal, serious and offered sincerely, represented by the best legal talent available.  Whether or not Tribe personally believes or supports the position being taken by his client is irrelevant to his role, unless he is so unprofessional (as in emotional and unable to overcome his own biases) that he can’t represent a client whose objectives he opposes. Then he would be obligated to refuse the representation. Then he would also be a poor lawyer, and Lawrence Tribe is anything but.

Replace “Larry Tribe” in that paragraph with “Susan Estrich”, and save me some time.

Thanks! Continue reading →

Ethics Dunces : Michigan State University Student Feminists

/ Jack Marshall / 122 Comments

MSU womens_study_lounge

Higher education progressives, students, professors and administrators alike, are seriously confused about ethics, and some basic principles like fairness, respect, equity, and competence, not to mention common sense. How did they come to such a state?

For various reasons, none of them reasonable, Michigan State University had maintained that gender segregation was appropriate in the student Union, and  a study lounge there was designated for women only. Perhaps we can forgive the school’s initial judgment in this case, since the Union’s Women’s Lounge, located on the main floor of the MSU Union, debuted in 1925, just five years after women gained the right to vote.Men vastly outnumbered women then, and were looked upon as oddities, or perhaps temptation.

It is 2016, however, and women are demanding equality where it may already exist, and declaring gender discrimination where it may not, so the continued existence of the male excluding lounge was more than a bit anachronistic. After all, Harvard College just declared war on any male student who dared to belong to off-campus all-male clubs, since even freedom of association away from school is deeply offensive to the progressive values of Ivy League educators.

Then a University of Michigan-Flint professor named Mark Perry, filed a complaint to the Michigan Department of Civil Rights towards MSU alleging that the lounge violated federal anti-discrimination law, which it obviously does. Continue reading →

Ethically, Caster Semenya Points Us Directly To Gender-Free Sports Competition, And There Is No Ethical Way To Avoid It

/ Jack Marshall / 66 Comments

Caster

Ethics Alarms first mentioned female runner Caster Semenya in this essay , when the international sports community was debating the South African track champion’s fitness for competition. Caster, depending on who you believe, is either a woman, intersex, a woman with freakishly high levels of testosterone in her body, or a man who identifies as a woman. What is undeniable is that she is faster than most women, and maybe all of them, and her unique physical make-up, whatever you want to call it, gives her an advantage. Since the last Olympics, Caster has been forced to take drugs that inhibited her body’s production of testosterone.Then, in July 2015 , the Switzerland-based Court of Arbitration for Sport overturned the 2011 IAAF regulations that restricted testosterone levels in female athletes. They also suspended hyperandrogenism regulations for two years. Now Semenya will be able to compete as she is naturally, and because she will, she is widely expected to smoke the competition.

Is it fair to let her run? Is it fair not to let her run? After this year of controversy and confusion over gender, with boys and men “identifying as women” and transgender discrimination laws roiling the culture wars, this is a perfect time for an intersex champion. Then, presumably, all hell will break loose. A sports scientist tells The Guardian,

“I’m actually dreading the Olympics. People only want to hear a good story so when Semenya wins gold the South African media will go crazy. If she breaks the world record, which I think she will, it’ll be even crazier. You can lie and say: ‘Happy days. Let’s celebrate our golden girl’ – which the politicians and media want. Or you can be honest and principled and say: ‘Actually, there are many things we need to address.’ That’s very unpopular”

Society and sports have reached the point  the ethical solution is obvious and unavoidable, and, unfortunately, brutal. If society is accepting the fact that a binary gender distribution is a myth, and there may be seven, ten, or dozens of gender variations along a spectrum, then integrity and consistency—and fairness—demands that gender distinctions in sport be eliminated as arbitrary. Continue reading →

Jumbo, Ethics Dunce, Kaboom And Unethical Quote Of The Month: Hillary’s Jaw-Dropping Lie To Chris Wallace

/ Jack Marshall / 41 Comments

hillary and Wallace

“Director Comey said my answers were truthful, and what I’ve said is consistent with what I have told the American people, that there were decisions discussed and made to classify retroactively certain of the emails.”

—-Hillary Clinton to Chris Wallace on Fox News Sunday, asserting that what was demonstrably false was true, regarding a public statement by Comey that can be Googled and watched on YouTube instantly.

My reaction when I saw that: KABOOM! The top of my head blew right off, bounced off the ceiling and knocked over the lamp. Wallace asked Clinton directly about what she had been saying to the public about her e-mails since May of 2015: that she did nothing wrong, that her private, secret e-mail server was approved by the State Department, that she never received or sent a classified e-mail…okay, that didn’t work, that she never knowingly sent a classified e-mail…wait, wait, that she never sent or received an  e-mail that was marked classified. Comey, in his televised, live statement announcing his decision not to recommend prosecution for Clinton, directly contradicted her.

In his careful statement Comey said,

“Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information.,,,seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters. …There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation…even if information is not marked ‘classified’ in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it.”

There is no way that an individual of normal facility with the English language can listen to or read that statement and conclude that Comey was saying that Hillary’s answers to questions about the e-mails to the American public and the news media–for over a year!––were truthful, as in “full of truth.” A technical argument can be made, if one wishes, that  Comey didn’t say that Clinton lied, because maybe she is an idiot and incompetent, and didn’t know or understand what “any reasonable person in Secretary Clinton’s position” should have known and understood, leading to her factually false (and constantly evolving as more facts where uncovered) explanations over months and months. Continue reading →

The Naked Presidential Candidate’s Wife Principle

/ Jack Marshall / 34 Comments

melania

I must confess, I didn’t see this variation of the Naked Teacher Principle coming.

That long-running topic on Ethics Alarms involves teachers who allow naked or sexually provocative photographs of themselves to become available to their pre-college age students. The verdict here is that such teachers have no basis for complaint if their employers subsequently judge them to be fatally diminished as role models and authority figures, having traversed into the category of sex objects, at least for some students. There are many variations of the principle that have been explored here, some requiring substantive exceptions, like The Provocatively-Clad Bodybuilding Teacher Principle. Some are slam-dunks, like the Online-Porn Star Teacher Principle.

Today the question raised is how we should feel about potential First Ladies who have left naked photo-shoots in their wake. Melania Trump, now the  speech-writer trophy wife of GOP Presidential nominee Donald Trump, was previously not a role model, but just a model, and occasionally a naked model. The tabloid New York Post somehow got a hold of some of her more stimulating photos and published them, the first batch with the typical Post headline, “The Ogle Office,” and the second, showing Mrs, Trump in some girl-on-girl action…

Melania Post 2

…headlined, “Menage a Trump.”

Is this unfair of the Post? Is this below-the-belt, attacking Melania to get at her husband? Continue reading →

Beauty Contest Ethics, Diversity Ethics, Bizarro Word Ethics: The Miss Teen America Pageant

/ Jack Marshall / 13 Comments

Teen USA finalists

Bizarro World Ethics is a useful if mind-melting concept. Since Superman Comics’ Bizarro World contains a backwards—literally—civilization in which everything is the opposite of the way it is on Earth, the ethics are necessarily backwards too. What is right, in a culture where the populace not only says hello for good-bye, but also eats the plates while throwing away the food? Can wrong be right in such a weird place? Does right become wrong? Or is the whole idea of ethics impossible in Bizarro World?

Beauty contests today are like Bizarro World. They are inherently anachronistic, embodying the correctly discredited concept that beauty equals virtue. They also are based on the fiction that beauty can be objectively qualified and compared with sufficient precision that a decision holing that  gorgeous Contestant D, who is Asian and brunette, is objectively more beautiful than gorgeous black Contestant C, gorgeous Hispanic Contestant B, or gorgeous white Contestant A isn’t arbitrary and completely subjective. Bodybuilding competitions and dog shows have the same problem, as do the Academy Awards. For pure, obvious stupidity and dishonesty, however beauty contests beat them all. This is why the topic has inspired some terrific film satires, like “Smile,” “Drop Dead Gorgeous,” and even “Little Miss Sunshine.”

We all know—don’t we?—that beauty contests are really just excuses to give guys a chance to gawk at scantily dressed pulchritudinous women. This is what makes Miss Teen America the most icky of the breed: the contestants are scantily dressed women who consent to being lust-objects for men the age of the their fathers and grandfathers. What is ethics in such a spectacle? The whole enterprise is constructed of unethical components.

The Miss Teen USA pageant was pronounced ethical, for example, after announcing they would discontinue the swimsuit segment of the competition, replacing it with a parade of the contestants in athletic gear, because the swimsuits made the young women look like sex objects and eye candy.  You know…not like this:

missteen outfit

Muuuuch better. No dirty old man is going to be salivating at that.

But over the weekend all that good publicity for pretending to be about something other than rewarding lovely teens for being walking pin-ups on national television collapsed when this diverse. multi-color, multi-ethnic  group of beauties..

2016 Miss Teen

…was narrowed down to these five finalists, the best of the best, the fairest of them all, after all the numerical scores were tallied and checked and double-checked:

Miss-Teen-USA-2016 five

This caused some unhappiness among the diversity police, as you might imagine. Tweeted super-model Chrissy Teigen, who looks like this..

Chrissy-Teigen---SI-Swimsuit-2015--15-662x968

“Wow how can we choose from such a diverse bunch”

Continue reading →

Ten Ethics Observations On The Democratic National Convention

/ Jack Marshall / 20 Comments

Khan DEM

1. The unrestrained cheer-leading from the news media in contrast to its week-long sneer at the Republican is so shamelessly biased that American journalism risks crippling its ability to use its giant megaphone to sabotage Trump. They might at least pretend to be fair and objective. I get it: I find it horrifying that Trump is running too. The immediate and unrestrained effort to go stop him, however, is so openly unprofessional, and shows how far the news media’s ethics have deteriorated just since 2008.

2. We could see and hear, during the course of the convention, how Donald Trump’s boorishness and propensity for ad hominem attacks and personal insults have degraded both parties and political discourse generally. And to think, in 1988, Ann Richards was criticized for her George H.W. Bush attacks at the Democratic Convention, and her famous jibe that Bush was born with a “silver foot in his mouth.” The Democrats could have taken the high road, and would have benefited, as well as done the culture a favor. Nah.

3. The most unethical aspect of the convention was the party’s tacit embrace of Black Lives Matters, while the BLM protesters outside were directing white journalists  to “stand in the back” while covering its protests, around the country police officers were facing increasing abuse, and in Baltimore, Marilyn Mosby was graphically illustrating BLM’s attack on the rule of law.

Democrats deserve to pay a high price for this, and I am confident that they will.

4. I owe Senator Eugene McCarthy an apology. I was among the many young  supporters of the rebellious anti-war Democrat who felt betrayed when McCarthy refused to address his beaten troops at the 1968 Convention. He stayed in his Chicago hotel room, angry and resentful of how the party had steam-rolled him and his movement. I thought it was cowardly and selfish. Now, after thinking ill of Clean Gene  all these years, I realize he might have been right after all. Being gracious isn’t ethical when you are required to become a symbolic pawn  to the same dark, unethical forces that you have been telling your throngs to resist and battle despite long odds. If you pull a Cruz instead of a Sanders, you look like you are trying to torpedo your own party. Better, perhaps, to do what Gene did. His integrity told him that the best response was to neither to capitulate, nor be petulant, but just to retreat to fight another day.

I’m not sure he was right, but  I’m no longer sure he was wrong.

I’m sorry, Senator. Continue reading →

UPDATE: The DNC “Apology” Is Even Worse Than I Thought! NOW You Get The Kaboom. KABOOM!

/ Jack Marshall / 37 Comments

Kaboom Red

 Well, she got me!

The utter dishonesty of the Hillary Clinton-dominated Democratic National Committee finally made my head explode, earning the Ethics Alarms KABOOM designation, and also gratitude from the makers of Scott Paper Towels.

I posted  on the deceitful DNC non-apology apology reported last night as the party’s  response to the Wikileaks revelation that the Debbie Wasserman Schultz-led, Hillary Clinton-supporting staff of the Democratic National Committee was actively assisting Clinton’s campaign and colluding to undermine that of her sole challenger for the nomination, Bernie Sanders. My conclusion was that by apologizing for “the e-mails” and “remarks” instead of acknowledging and apologizing for what those e-mails and remarks signified, the DNC was cynically pretending to be sorry while actually deflecting attention away from its real betrayal.

It was worse than that.

When I wrote this, I was not aware of the recent discovery of anti-gay and homophobic comments in the DNC e-mails, though the DNC surely was. For example, there were exchanges like this (from The Daily Caller): Continue reading →

Photojournalism Ethics: The Faces Of Hillary

/ Jack Marshall / 15 Comments

Clinton fair

Long ago, a Pennsylvania governor named William Scranton ran for the Republican nomination. He wasn’t a bad-looking man, but he was given to extreme facial expressions, the most grotesque or silly of which always seemed to be captured by photographers and put on front pages. I was a kid, but just reading my dad’s Time Magazines was sufficient to make me feel sorry for Scranton. The photos made him look like lunatic or a drunk. Yet on TV there was nothing unusual about Bill Scranton at all. He had an expressive face, and a fleeting look that might pass his countenance in a nanosecond, barely visible to observers, could make him appear frightening or ridiculous when captured and frozen in time. I wondered then why editors chose and published such misleading and unflattering photographs.

Now I know. They do it because they can, and because they are mean and irresponsible.

As a victim of this tactic, Scranton got off easy compared to Hillary Clinton. Camera technology now permits even more fleeting expressions to be captured, and while the largely Clinton-protecting newspapers shy away from unflattering Clinton photographs, the web is teeming with them. Like Scranton, Hillary has a very expressive face, and one that has become more expressive with age. Unfortunately, this means that she has left a damaging trail of photos of her split-second facial reactions that make her look crazy, sinister, or ridiculous. Matt Drudge, in particular, revels in them. Yes, I have used them myself; like Clinton or not, they are almost irresistible. I’m not proud of it. I’m not doing it any more.

I have concluded, belatedly, that using these misleading and unflattering photos of Mrs. Clinton is very unfair, and the visual equivalent of an ad hominem attack. I know all the rationalizations: The camera doesn’t lie (but we know it does), the camera captures the soul (suuure it does), it’s a joke, and she can take it ( a double rationalization there); everybody does it.

None of them are persuasive. Doing this to anyone, celebrity or not, funny or not, is cruel and  unfair; I think most people know it’s cruel and unfair.

It is also conduct that violates the Golden Rule. Your host knows this as well as anyone: I’m not hideous in real life,  but photos of me often make me looks deranged or worse. Like these, for example: Continue reading →

DNC Progressives Jump The Shark

/ Jack Marshall / 10 Comments
Pop Quiz: Name all the ways this photo is appropriate to the post...

Pop Quiz: Name all the ways this photo is appropriate to the post…

[A “Happy Days” reference seems felicitous, since last week saw series creator, writer and frequent director Garry Marshall head off to the Big Malt Shop In The Sky. In addition to having the good taste to be named Marshall, Gary’s myrth-inducing career in TV and movies as a producer, writer, director and actor (Marshall’s turn in “Lost on America” as the incredulous casino boss whom a desperate Albert Brooks tries to persuade to give back the life savings lost by Brooks’ wife in a mad gambling spree might be my favorite comic acting bit of all time) was long and productive, and the culture will miss him greatly. As will I. ]

Attention must be paid to the fact that while the speakers at the Republican National Convention sounded scary (to some), the Democratic National Convention authorities acted scary.

Twenty-one Vermont Democrats have filed an official complaint with the party, protesting that the Democratic leadership ordered  the state party to replace Vermont Sen. Tim Ashe and party member Ken Dean with women, in the name of “gender balance” without adequate due process.

By all means, let’s make sure that gender discrimination in pursuit of the greater good and Progressive Nirvana is done with due process!

I think it’s cute that both political parties are losing their minds at the same time, don’t you? Continue reading →