Gender and Sex

What’s Fair To Herman Cain Now?

/ Jack Marshall / 9 Comments

I love this Cain-trapped-in-amber image, except that the idea of a future entrepreneur creating an island attraction where former disgraced presidential candidates are cloned from their preserved DNA to roam free is terrifying.

Herman Cain has withdrawn from the GOP presidential nomination competition in the wake of Ginger White’s claims that he and she engaged in a 13-year long romantic affair. He withdrew in a particularly deceitful way, saying that his campaign was being suspended. Like most of his recent conduct and statements lately, this resort to face-saving euphemism does not speak well of his character. Yes, it’s true, his quest for the White House is suspended. It is also what is technically called toast. A more honest, courageous, candid and accountable man would have said so. I think we can safety say that one way or the other, this campaign took the measure of Herman Cain, and found him to be as wanting in character as he is inexperience and diligence. The system, ugly as it is, worked.

What else can we now fairly say of Herman Cain? I believe we can fairly conclude that… Continue reading →

Ethics Quote of the Week: David Argenter, of the Illinois Supreme Court Commission on Professionalism

/ Jack Marshall / 1 Comment

"Yes, she's my legal secretary. Yes, she's exactly what I advertised for. Why are you looking at me like that? What??"

“Often, issues of ethics and professionalism raise complicated questions, involve shades of grey, and require serious thought and contemplation to resolve.  Sometimes, however, all it takes to figure out whether a given action or decision is the right one is to ask: ‘Is this stupid?'”

—David Argenter, attorney and member of the Illinois Supreme Court Commission on Professionalism, commenting on the mind-boggling case of a lawyer recently suspended from the practice of law for one year for several ethics violations, including one that will live in legal ethics infamy.

Hold onto your hat.

The lawyer in question sought secretarial assistance for his law office on Craigslist.  Oddly, he posted his ad in the “Adult Gigs” section of the site, with the heading “Loop lawyers hiring secretary/legal assistant.” The ad continued…

“Loop law firm looking to hire am [sic] energetic woman for their open secretary/legal assistant position. Duties will include general secretarial work, some paralegal work and additional duties for two lawyers in the firm. No experience required, training will be provided. Generous annual salary and benefits will be provided, including medical, dental, life, disability, 401(k) etc.”

The ad also requested asked for “a few pictures along with a description of your physical features, including measurements.”

Hmmm!

When an applicant  responded with an e-mail inquiring about the “additional duties” referred to in the ad, the lawyer responded,

“As this is posted in the “adult gigs” section, in addition to the legal work, you would be required to have sexual interaction with me and my partner, sometimes together sometimes separate. This part of the job would require sexy dressing and flirtatious interaction with me and my partner, as well as sexual interaction. You will have to be comfortable doing this with us.” Continue reading →

Ethics Dunce: Sports Grid Blogger Dan Fogarty

/ Jack Marshall / 7 Comments

Civility is doomed. Civilization is doomed. Propriety is doomed.

What's the concerned father of the injured cheerleader thinking about? Why, what any cool dad would think about---how good her butt looks!

And Taylor Young, a cheerleader for the Michigan State Spartans, may well be doomed, as it is impossible to tell how badly her character, values and common sense have been warped by being brought up in a household containing her father, Charles. After Young took a hard fall during the halftime show in a game against Florida State, requiring her to receive medical attention (she was OK), her father posted this astounding Facebook comment, which, naturally, has gone viral:

“I’m glad to see your booty isn’t gettin big ….. no one likes a chick with a big butt ….. love you.”

Idiotic? Check. Sexist? Check. Insulting to women? Check. Embarrassing to his daughter? Double check. Demonstrating a stunning lack of understanding of the internet? Check. Displaying a disturbing tendency to sexualize his own daughter?

Check, and Yuck.

But to Dan Fogarty, writing on Sports Grid, this offensive post proves that Young is a “cool Dad,” and Young goes on to cite other “experts” who believe this is “quite possibly the funniest ‘Dad Moment’ in Facebook history.”

Really? Is this really the current state of the culture? A father makes salacious comments about his daughter’s “booty,” suggests that “chicks” without similar booty quality are unloved and unlovable, and that’s cool?

If Fogarty is in step with the culture and I’m not, 1) then American society is coarsening faster than I thought, and 2) which way to Mars?

My condolences to Taylor Young for the boorish conduct of her father, and if she sees nothing wrong with it either, she has my intense condolences—because she has been severely damaged.

As, perhaps, have we all, if Fogarty is right.

Now THIS Is What They Used To Call “Appearance of Impropriety”…

/ Jack Marshall / 3 Comments

"So, Miss Scarlet!! At last you confess your guilt in this heinous crime! Now that that's over with, would you care to join me for dinner tonight?"

The prohibition against attorneys engaging in conduct that creates “the appearance of impropriety” was eliminated from the legal ethics rules (though not the judicial ethics rules) a long time ago, almost 30 years.  Periodically a case will arise in which its absence is felt. The nice thing about the appearance of impropriety category is that it was flexible enough to use to sanction lawyers who figured out ways to make the profession look slimy without running squarely afoul of other rules…like  San Diego prosecutor Ernie Marugg.

Marugg, it is alleged, used his defendants list as his little black book…seeking romantic relationships with the women he prosecuted after their trials were over. His habit was investigated one, but no specific ethical violation could be found. What would it be? Was he too easy on the women he was duty bound to prosecute zealously? One woman who pleaded guilty when Marugg prosecuted her  is now suing him, claiming that his personal  interest in her  caused him to be biased against her. Huh? How does that work? “You always hurt the one you love,” as the old song says? Continue reading →

Now Here’s A Terrible Idea: Mandated Disclosures for Photoshopped Images of Celebrities!

/ Jack Marshall / 9 Comments

And if you look real closely at the lower left corner, you'll read, "The model for Venus was a short, middle-aged bald man named Gino. His appearance was altered by the painter in the creation of this painting."

Here is another candidate for enshrinement in the Pantheon of Well- Intentioned But Terrible Ideas.

In an article published Monday in the journal “Proceedings of the National Academy of Sciences,” Dartmouth researchers Hany Farid, a professor of computer science, and Eric Kee, a doctoral student, propose a rating system of publicly displayed photographs of models, actors and celebrities to let viewers know exactly how and how much an image has been altered by photoshopping, airbrushing or other means.

“Impossibly thin, tall, and wrinkle- and blemish-free models are routinely splashed onto billboards, advertisements and magazine covers,” the two write. “The ubiquity of these unrealistic and highly idealized images has been linked to eating disorders and body-image dissatisfaction in men, women, and children.” In the interest of limiting the damage caused by unrealistic images of human beauty, the researchers argue that graphic images should include labels that disclose  “geometric adjustments” such as slimming legs, hips and arms, as well as adjusting facial symmetry—reducing a nose in size, or slightly enlarging eyes.  Users of such photos should also flag photometric adjustments that change the appearance of skin tone, blemishes and texture, such as wrinkles, dark circles under the eyes or cellulite, say the researchers.

Please, for the love of God, nobody introduce these guys to Sarah Deming and her lawyer, who are suing the distributers of the film “Drive” because the trailer was more exciting than the movie. And let us all remember this proposal when we are tempted to pooh-pooh accusations that the government is regulating creativity, commerce, art and enterprise right out of existence, and with them, individual liberty as well.The tea parties should use Farid and Kee’s article for recruitment. Continue reading →

Cain’s Mistress: Don’t Blame The Media This Time

/ Jack Marshall / 11 Comments

One of the side-effects of the news media’s routinely displayed lack of fairness and integrity is that its motives can be challenged even when it does its job properly. The media itself is completely at fault for creating this opportunity for spin artists to confuse the public with blame-shifting arguments, but the blame-shifters are shameless and despicable.  Thus we have to listen to a conservative talk radio barrage of accusations that Ginger White, the woman who has surfaced with the tale of a 13-year long affair with Herman Cain, was “dug up” by “them” in a coordinated effort to “get” a rising black conservative. This morning, such claims were proliferating all over the AM dial.

Politico opened the door for this, of course, with its unsourced, anonymous, still detail-free account of sexual harassment complaints of an undefined nature filed against Cain and settled over a decade ago. The stories never should have run without names and facts, and the subsequent appearance of other Cain accusers can’t change that. Publishing such a story, in violation of basic journalistic ethics principles, was unfair, and did look like a media hit job, though when the media is involved, Hanlon’s Razor (“Never attribute to malice that which is adequately explained by stupidity.”) applies. As William Jacobson wrote over the weekend, Continue reading →

Ethics Quote of the Month: Herman Cain Attorney Lin Wood

/ Jack Marshall / 10 Comments

What's that you say, Mr. Wood? Marital infidelity is irrelevant to a presidential candidate's qualifications? Did John Edwards tell you that?

“Mr. Cain has been informed today that your television station plans to broadcast a story this evening in which a female will make an accusation that she engaged in a 13-year long physical relationship with Mr. Cain. This is not an accusation of harassment in the workplace – this is not an accusation of an assault – which are subject matters of legitimate inquiry to a political candidate. Rather, this appears to be an accusation of private, alleged consensual conduct between adults – a subject matter which is not a proper subject of inquiry by the media or the public. No individual, whether a private citizen, a candidate for public office or a public official, should be questioned about his or her private sexual life. The public’s right to know and the media’s right to report has boundaries and most certainly those boundaries end outside of one’s bedroom door. Mr. Cain has alerted his wife to this new accusation and discussed it with her. He has no obligation to discuss these types of accusations publicly with the media and he will not do so even if his principled position is viewed unfavorably by members of the media.”

—Attorney Lin Wood, on behalf of his client Herman Cain, in a statement to Fox News in response to its  interview with a Georgia woman, Ginger White, who says she had a 13 year adulterous relationship with the Republican presidential contender.

Sorry, Mr. Wood. You are dead, dead wrong. Continue reading →

Margaret Ann Haring Would Have Sent Elliot To Guantanamo Bay

/ Jack Marshall / 14 Comments

Quick...call 911!

Luckily, when Elliot had that weird mind-link thing with E.T. while the little alien was watching “The Quiet Man” on TV, and not only let all the frogs loose in his biology class but planted a major league lipper on a pre-teen classmate played by Erika Eleniak (later to prove Elliot’s exquisite taste by becoming a “Baywatch” pin-up) when the Duke smooched Maureen O’Hara, it was before the days of “no-tolerance” policies, and Ms. Haring wasn’t his teacher.

Not so lucky was the female student in a real life elementary school, who impulsively kissed a boy during a physical education class at Orange River Elementary School in Fort Myers, Florida. Haring saw her student’s vicious sexual assault, and called child welfare officials, who, rather than telling her she was out of her frickin’ mind, directed her to contact the sheriff. The school then reported the pre-teen moment of passion as a possible sex crime, according to the Lee County Sheriff’s Office. Continue reading →

Can’t Someone Be Appreciated for Being NICE Anymore? Even Michele Bachmann?

/ Jack Marshall / 4 Comments

Yes, a video of the last Republican presidential candidates debate (in Iowa) shows Rep. Michele Bachmann voluntarily filling the water glasses of her fellow contenders before the event, since apparently the organizers expected them to pour their own. The Horror.

The Huffington Post is sure this is a significant and unseemly display of subservience to men by Bachmann, whose fundamentalist Christian beliefs suggest that she accepts the concept of women submitting to their husbands in the marital relationship. Over at The Frisky, Jessica Wakeman accuses Bachmann of staging the whole thing for the cameras, so she will be perceived as nicer than she really is…and she thinks it gives women a black eye: Continue reading →

Incompetent Elected Official of the Week: Rhode Island State Rep. Lisa Baldelli-Hunt

/ Jack Marshall / 21 Comments

Funny, she doesn't LOOK vicious...

The Penn State scandal will have one good effect: it will embolden victims of sexual  molestation to confront those who harmed them. Unfortunately, it will also embolden political grand-standers  to propose draconian and unconstitutional measures that will encourage fear, bigotry, hate and persecution.  Rhode Island’s Lisa Baldelli-Hunt, D-Woonsocket, is ready for her close-up.

Baldelli-Hunt proposed a law this year that would allow local police to place signs on public sidewalks or streets in front of the homes of sex offenders, designating them as threats. This shows a nice 17th Century strain, placing her in the ranks of town elders of the past that encouraged various forms of branding former offenders to ensure their perpetual mistreatment.  To give her credit, though, she also can claim international inspiration from the past, and may want to consider requiring registered sex offenders to wear, say, brightly colored star-shaped badges.

The Anti-Golden Rule logic of such a proposal is stunning: how would you like a sign proclaiming the worst thing you ever did in your life in front of your home? How would Baldelli-Hunt like a sign in front of her house that says, “Outspoken endorser of persecution and hate”?

An elected official who has no concept of ethics is not only unqualified for office and incompetent, but dangerous, because there are always a lot of ethically-challenged people to lead. Baldelli-Hunt is squarely in the “the ends justify the means” camp with every brutal dictator, vigilante killer, and mad scientist fictional and real, from Dr. Frankenstein to Josef Mengele. “I have some concerns regarding sex offenders because, quite frankly, they don’t walk around with signs telling people they are sex offenders,” Baldelli-Hunt told reporters. “I’m not interested in their rights or protecting them. I have no concern for them because they are the worst of the worst.”

Baldelli doesn’t walk around with signs telling people she is a vicious fool, either, but her words do the job:

1. She doesn’t know who “they” are or what “they” did. The vast majority of former sex offenders have paid their debt to society and are not dangers to anyone. She is, therefore, selling and facilitating bigotry.

2. Every registered sex offender did not commit an offense of equal seriousness. An 18-year-old boy who has consensual sex with a 15 year-old girl is not “the worst of the worst,” or any kind of worst at all.

3. Elected officials in a community are obligated to care about every citizen’s rights, not just the citizens they like and admire. Officials like Baldelli-Hunt brought America witch trials, lynchings and segregation.

She, in fact, is this worst of the worst.

Consider this her sign.