Gender and Sex

Well, So Much For Brian Banks’ Vote, The “To Kill A Mockingbird” Admirers Vote, The Bill Cosby Fan Vote, The UVA Fraternity Vote, The Bill Clinton Sup…Uh, I Don’t Think Hillary Thought This Through…

/ Jack Marshall / 17 Comments
In the bright side, I think Hillary has Wanetta Gibson's vote locked up!

In the bright side, I think Hillary has Wanetta Gibson’s vote locked up!

You see, even if Hillary Clinton was honest, which she isn’t, and trustworthy, which she definitely isn’t, or had a record of a accomplishment, which she doesn’t, there would still be this habit she has of making jaw-droppingly stupid, pandering and unethical statements.  There was when she suggested that Donald Trump was  responsible for the Charleston Church massacre.  There was her statement that we shouldn’t “let” people hold minority viewpoints that the majority finds upsetting. This, however, is special.

In today’s “Women for Hillary” event, bolstered by an audience that somehow believes the myth that she is a feminist,she actually said (and later tweeted)

“To every survivor of sexual assault…You have the right to be heard. You have the right to be believed. We’re with you.”

There is no right to be believed, although this is an oft repeated “right” pushed by anti-male, crypto-Victorians who are dedicated to making the act of consensual sex so risky for men that Caitlyn Jenner may be the gender’s most viable future. It is also the underlying position behind the un-American recommendation by Colorado Rep. Jared Polis that a 20% chance that an accusation of sexual assault  should be sufficient to kick a male student out of college. Law enforcement treating dubious rape accusations as if there is a “right to be believed” resulted in lynchings in the past and successful, life-wrecking scams by the likes of Wanetta Gibson in the present. It allowed the despicable and probably batty Emma Sulkowicz, a.k.a. “Mattress Girl,” to harass her supposed attacker on the Columbia campus even after her story had been thoroughly discredited. The sexist principle relieving women of having to provide more than an accusation alone allowed the false Rolling Stone “Jackie” story of a fraternity gang rape to slander every fraternity on the University of Virginia campus, which were punished by the school’s “right to be believed”-addled president.

Yes, women who claim to be victims of sexual assault deserve to be heard, and they deserve to have their accusation treated like every other accusation, while those they accuse are provided with the presumption of innocence, due process and a fair hearing as well. A right to be believed. however? That’s sexist, reckless, and wrong.

But Hillary doesn’t really believe this stuff. I assume she barely thinks about it. These are just “things you say to get to be President” to her.

Still, you would think Hillary would be a bit more careful; after all, her husband was accused of sexual assault or worse by Kathleen Willey, Juanita Broderick and Paula Jones. Why didn’t they have a right to be believed?

__________________

Pointer and Spark: Mediaite

 

NPR Was Going On Today About The Terrible Scourge Of Sex-Selection Abortion In India, And How Girls In India, “Have To Fight For Their Rights Before They’re Even Born”…Wait, WHAT???

/ Jack Marshall / 41 Comments
You're exaggerating: they were just potential baby girls...

You’re exaggerating: they were just potential baby girls…

Driving from Boston to Providence, I had an opportunity to listen to a Public Radio International report (via Boston’s NPR station, WGBH) about the shortage of women in India as a result of sex-selection abortion. I heard an  interview with an activist in Mumbai who was fighting to get more laws passed to prevent the process as a violation of women’s rights. “The most basic right of all,” intoned a female reporter. “The right to exist.”

Waiiit a minute. As the Robot used to say on “Lost in Space,” “That does not compute.”

This same network routinely features angry, self-righteous and mocking feminists who condemn as the paleolithic enemies of women any one who dares to question the ethics of abortion on demand. The unborn have no right to exist, says NOW, NARAL, Nancy Pelosi, the casual harvesters of little livers at Planned Parenthood, and when they are talking about the U.S., NPR.

In India, however, there is a right to exist, and feminists are fighting for it.

Sorry to be obtuse, and I realize I may be missing something, but what is the outrageous distinction here that makes an Indian mother’s abortion of a healthy, gestating girl because dowries are too expensive and boys are more lucrative a human rights violation, worthy of that special tone of sadness and superiority NPR announcers get, but Laura from Nebraska’s abortion of her healthy, gestating boy because she doesn’t want to interrupt graduate school and isn’t wild about the father a noble expression of modern female power? Continue reading →

Kim Davis Musings: When Employment Discrimination Is Responsible And Ethical—But Still Illegal

/ Jack Marshall / 34 Comments

Kim Davis

It’s Kim Davis Day, when we will find out whether the recalcitrant clerk will step aside, allow her deputies to do her job, obey the judge, and not interfere with American couples who want to get married in Kentucky, or, as many expect, will again take her marching orders from God, defy the Supreme Court, start speaking in tongues, or find some other way to make a public nuisance of herself. The latter, we can only hope, will send her back to jail, and give Mike Huckabee, Ted Cruz, Bobby Jindal and some other Republicans an opportunity to grandstand.

The issue this raises for me is: Why would any employer  hire someone who reveals themselves as a Davis-level religious zealot? Continue reading →

If They Threw Elliot In Jail For Kissing Erika Eleniak, What Would Have Happened To E.T.?

/ Jack Marshall / 25 Comments

In a memorable scene in “E.T.,” young hero Elliot (Henry Thomas), intoxicated by his psychic link to his marooned space alien pal, loses impulse control during Middle School science class and, while E.T. watches John Wayne’s passionate kiss with Maureen O’Hara in “The Quite Man,” embraces the class heart-throb—played by barely pubescent “Baywatch” babe-to-be Erika Eleniak!

Erika

— and gives her a passionate smooch.

If Spielberg’s classic premiered today, this scene might be condemned as sexual assault by feminists, who would insist that Elliot should have been charged. Is that really fair? Rational? Sane?

At  Pikesville (Maryland) Middle School, a 13-year-old boy has been charged with second-degree assault for kissing a 14-year-old girl on a dare. Police were called to the scene by the school, undoubtedly influenced by the current sexual assault freak-out on college campuses. (The proper response of an ethical and well-led police force, by the way, would be “Don’t waste our time.”) Continue reading →

Incompetent Elected Official Of The Month AND Unethical Quote Of The Week AND… KABOOM!: Rep. Jared Polis (D-Co.)

/ Jack Marshall / 21 Comments

head blows“If there’s 10 people that have been accused and under a reasonable likelihood standard maybe one or two did it, seems better to get rid of all 10 people. We’re not talking about depriving them of life or liberty, we’re talking about their transfer to another university.”

—-Colorado Democratic Representative Jared Polis, at this week’s congressional hearing on campus sexual assault.

Well, this statement made my naive, idealistic brain explode. I’m such a sap; I really still reflexively want to respect lout elected leaders, and assume they aren’t anti-democratic, totalitarian, arrogant, mean-spirited ideologues with the brains of a mole rat. What’s the matter with me? Reading a quote like this actually hurts me. It makes me want to give up, move to Madagascar, or punch the nearest smug progressive in the face.

Sure, why not kick a student out of the school he was admitted to and planned his life around because some woman accused him of unproven sexual assault? Fairness and process don’t matter; what matters is satisfying a Democratic party core constituency. If some injustice results and some innocent lives are disrupted, who cares, as long as the victims are males?

I can’t trust or respect an individual who says something this ineffably wrong and un-American to its core. Polis is a Princeton grad, a rich and brilliant entrepreneur, gay, and supposedly a civil rights advocate. Yet he thinks it is reasonable to kick a young man out of school if there’s a 1 in 5 chance that an accusation of sexual misconduct is accurate. How can this be? Is he hostile to heterosexual males? Is he a rank hypocrite? Continue reading →

Ethics Dunce (And Also Political Correctness Bully And Self-Righteous Jerk): British Barrister Charlotte Proudman

/ Jack Marshall / 39 Comments

lawyers Linked In

And I don’t think her photo’s all that “stunning,” either. Happy now, Charlotte? And what are you smirking about?

On the left is Alexander Carter-Silk, 57, the head of Brown Rudnick’s intellectual property group in Europe. He had received a LinkedIn request from human rights lawyer Charlotte Proudman, 27, on the right. He responded positively with the friendly comment that he was “delighted to connect,”,adding “I appreciate that this is probably horrendously politically incorrect but that is a stunning picture !!!” as well as “You definitely win the prize for the best Linked in picture I have ever seen.”

The Horror. For this arguably excessive degree of praise for her posted image, Proudman decided that Carter-Silk must be shamed world-wide. She responded with this A-Bomb rebuke, and shared it on Twitter:

Twitter rebuke

Naturally, Carter-Silk was immediately torn to shreds by a feminist social media mob. Continue reading →

The Greensboro College “It Stops Here” Ethics Train Wreck

/ Jack Marshall / 12 Comments

Everybody’s unethical here.

As usual, however, it starts at the top.

It Stops HereGreensboro College in North Carolina  adopted a new policy on student sexual misconduct, and it requires all first year students to attend a performance of  a one hour play, “It Stops Here,” written and directed by student Michaela Richards, based upon “accounts of sexual assault submitted by survivors.”

Ethics Foul 1 (Greensboro): A female-authored play based on “survivors” accounts is a one-sided, biased and ideological work by its very nature. Do we know that the real incidents are being fairly represented, or would the claims of a “Mattress Girl” be included? Presumably proof of “sexual assault” is being validated by the infamous “Dear Colleague” letter from the Obama Administration that has led to multiple examples of male students being harshly punished in violation of basic due process principles.  It is entirely written from a woman’s/alleged victim’s point of view, and thus certain to be received as hostile and unfair by male students.

Ethics principles violated: Responsibility, honesty, fairness, competence.

Ethics Foul II (Greensboro): Using a work of fiction to inform students about a policy is incompetent. Fiction is always infused with the viewpoint, agendas and biases of the playwright; in this case, such a work is bound to be political. A sincere effort to instruct students on policy should have no political content at all.

Ethics principles violated: Abuse of power, responsibility, respect, competence.

Ethics Foul III: Forced viewing of a work of art isn’t instruction, but indoctrination. In a play, any audience member should have the option of walking out. This is especially true of a play written and performed by amateurs. “The student actors on stage are telling stories of an extremely sensitive nature that should be viewed in a respectful manner,” the president of the college said. “We expect no less of our students, who should know better than to make light of an extremely serious subject that affects us all.” WRONG. Forcing students to watch a play consisting of a slanted view of the sexual assault issue on campus is not respectful. It is, in fact, an insult and a provocation.

Ethics principles violated (Greensboro): Abuse of power, respect, fairness, prudence, regard for personal autonomy.

When people, especially young people and especially American young people who, thank heaven, are still imbued by the culture with a natural detestation of arrogant authority and the courage to defy it, are commanded to do something they shouldn’t be, like to watch an agitprop play, they tend to resist. They did, too:

Members of the audience frequently heckled the cast and shouted sexually explicit remarks.“Many of the boys started calling out ‘She wanted it, it’s not rape,’ and making masturbation noises,” stage manager Claire Sellers told a local news station. Sellers said the remarks were so excessive that cast members “became physically ill and vomited after the show because they were so vulgar.”

Continue reading →

A Nation Of Assholes: The Ultimate, Undeniable And Crucial Reason Donald Trump Must Never Be President

/ Jack Marshall / 68 Comments

assholesI have had this essay ready to go for at least a month; I honestly didn’t think it would be necessary to post it. Nonetheless,  I kept in on the bench, just in case. I was confident that the point to be made was too obvious, and that even those bitter, angry, irresponsible, ignorant whateverthehelltheyares who are keeping Trump’s candidacy afloat—and thus making it more difficult to sort out the real candidates—would have figured it out by now. I was wrong.

There are lots of reasons why Donald Trump shouldn’t be anyone’s candidate to be President. He is a narcissist, for one thing, and that is a pathology. Narcissists are dangerous in positions of power. He has no experience in politics, which he appears  to believe, based on his statements, consists primarily of bribing people, since that is what it largely means in his eternally corrupt businesses of construction and gambling, and pitching them things, which is not the same as persuasion.  He seems to think leading a company and leading a nation are similar jobs: they are not, though they involve some common skills. Trump is largely ignorant of most issues facing us, and takes pride in winging it, simply saying the first thing that pops into his mind. What Presidents of the United States say have cascading impact: think about the horrible consequences of Obama’s infamous “red line” statement, which has led to the willingness of despots and terrorists to defy U.S. interests and warnings, confident that nothing would be done by a confrontation-averse President. Anyone assuming President Trump would be different in this regard from candidate Trump is the sort of person who would trust Iran to follow a nuclear agreement, a current monstrosity that is also, in part, the result of Obama’s “red line” gaffe.

The one area where Trump has actually put forth a fleshed-out policy is red meat nonsense, completely unworkable and impractical, as well as offensive to core American values. That is his absurd “Deport them all, build a wall, amend the Constitution” illegal immigration prescription. Yes, the illegal immigration joint negligence perpetrated by greedy business interests and cynical Democratic party strategists who would trade the best interests of the nation and the rule of law for long term demographic trends favoring their party is infuriating and frightening. Still, proposing ludicrous solutions that can’t be accomplished (even if sane people wanted them to be) is neither a mark of intelligence nor responsible leadership.

Beyond immigration, Trump is all generalities and posturing. He’s “tough.” Tough can be good; tough without principles, and Trump appears to have none, is, by turns, bluster, stubbornness, cruelty, recklessness and bullying. Donald Trump really seems to have no regard for ethics at all, which makes him, by definition, untrustworthy. Being untrustworthy is an ethical deficiency no leader can have. Continue reading →

Welcome To My World

/ Jack Marshall / 23 Comments
Suicide jokes, however, are fine...

Suicide jokes, however, are fine…

In the ethics CLE (Continuing Legal Education) world, seminar attendees rank presenters. Ethics is a much-detested topic; if you can crack 3 (out of 5, the best), you are doing well. My scores are usually between 4.6 and 4.9.

Attendees are also invited to write comments. I recently received the survey summaries from an out-of-state seminar I taught to a section of that state’s bar. The response during an immediately after the seminar was terrific, so I expected my usual ratings. The coordinator sent me an e-mail stating that my scores were “very good overall” (4.7, in fact) but that there were “concerns about a rape joke in my presentation.”

There was no rape joke in the session. I don’t make rape jokes.

I had been talking about Donald Trump’s lawyer, in an incident I posted about here, incompetently saying that “you can’t rape your spouse.” “You can rape your spouse,” I said. “I have this image of hopeful spousal abusers reading this idiot’s comments and saying, “This is great!”

I wrote back to the coordinator and said that I wanted my objection to this characterization in my files and on the record. I know how it works. All that is remembered later is the complaint, and groups, even bars, are controversy averse. Next year, when they are deciding whether to have me speak, all that has to happen is for someone to say, “Wasn’t there some rape joke he made that we got flack for?” That would be enough; nobody would check, nobody would investigate. I would be eliminated as a potential speaker, probably for all time. They might even tell another bar association about the episode when they are called about whether to use me. “Well, his seminar was popular, but there was some problem about a rape joke he told.”

I asked to see all the surveys. The “concern” about my “rape joke” consisted of exactly one anonymous comment out of a hundred attendees.

I would estimate political correctness hyper-sensitivity by single attendees cost me about a client a year. The other members of their groups have to be saddled with boring ethics seminars because one lawyer had to prove how vigilant he or she was in being properly offended.

(Now THIS is a rape joke...and I would never tell it.)

The Sexting Persecution Of Cormega Copening

/ Jack Marshall / 27 Comments

sexting

Charging kids with crimes for sexting themselves to a fully consenting fellow kid always seemed excessive and cruel to me. This story is the reductio ad absurdum that settles the matter.

In Fayetteville, North Carolina, 17-year-old Cormega Copening and his girlfriend Brianna Denson, also 17, began exchanging naked photos of themselves in text messages when they were 16. They were the only ones who saw the pictures, but someone somehow tipped off local authorities, who searched Copening’s phone and discovered them.

Copeling and Denson were charged with sexual exploitation. The Cumberland County Sheriff’s Office concluded that Denson had committed two felony sex crimes...against herself. A warrant cited her as both the adult perpetrator and the minor victim of two counts of sexual exploitation of a minor, second-degree exploitation for making her photo and third-degree exploitation for having her own nude photo in her possession. A conviction could have put Denson in prison and would have required her to register as a sex offender for the rest of her life. Denson pleaded guilty to a lesser charge and was given 12 months of probation.

Her sexting partner Copening, however, is still facing as much as ten years prison time for two counts of second-degree sexual exploitation and three counts of third-degree exploitation. As with Denson, the third-degree charges arise out of the pictures Copening had of himself.  That’s not the worst of the mind-twisting logic of this prosecution, however. North Carolina is one of two states in the country (the other: New York) that makes 16  the age of adulthood in the criminal system. The state’s consent laws consider anyone 16 and under a minor, but allows minors 16 or over to be charged as adults.

Gilbertian result: Copening is facing conviction, as an adult, for exploiting a minor—himself. Continue reading →