Gender and Sex

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.

 

Ethics Quiz: Apologies For A Sandusky Joke?

/ Jack Marshall / 38 Comments

My uneasy relationship with the TSA continues.

Yes, I've sunk so low that I actually seek this out...

Today I was returning home from Atlanta, and its monster of an airport has one the cattle pen systems for going through security–a long, ling, line to all gates that keeps dividing and dividing, ultimately sending you down one of about 20 chutes to be scanned, stripped and yelled at. It is difficult to pick your chute, but in my case, it is crucial: Atlanta doesn’t have the full-body scanning devices in every line, and without it, I get gated, beeped, and sexually molested, thanks to my artificial hip.

It took ducking under a couple of barriers, but I finally got to an x-ray conveyor belt near a scanner, and had removed my laptop (separate bin) belt, jacket and shoes (not allowed in a bin in some cities, allowed in others) and lined them all up with my bag and brief case when an agent (none too politely) told me that they were closing that line, and directed me to another one, two lanes over. I lugged the three bins, bag and brief case over to that line, only to discover that it didn’t have a scanner.

That did it. I erupted at one of the agents, telling her that I did not care to be felt up at 8 in the morning, thanks, and had made a good faith effort to direct myself to a scanner, being foiled by the agent and by the fact that there are no signs warning people like me where a testicle massage is the only option.

“Why aren’t there signs?” I asked.

“I don’t know. There should be,” she said, as she helped me move my stuff to a scanner accessible line. “You should write the TSA and the airport.”

I laughed bitterly. “I’m sure that will do a lot of good. Do you all jsut like feeling up passengers? Is that the reason?”

A woman behind me laughed and said, “It sure seems like it!”

“Well, you know,” I said to her, “I hear Jerry Sandusky is trying to get a job as a screener!”

Her guffaw was interrupted by 7’8″ TSA agent, who said, loudly, “No he’s not, and I’m offended by that statement.”

My response, after a second’s consideration, was this: “I’m sorry I offended you. But I’m not apologizing.”

Your ethics quiz of the day: Should I have apologized? Continue reading →

Now THIS Is An Offensive Team Name

/ Jack Marshall / 12 Comments

The London, Ontario independent baseball team has decided to rename itself “The London Rippers.”

Jack's last victim: a logo, perhaps?

The city’s mayor has expressed concerns about the name, and good for him. This isn’t a manufactured political correctness complaint, based on the dubious logic that it demeans a group to honor it with an athletic team name. This is the opposite: a team name that honors a serial killer who disemboweled poor women in the slums of London in 1888. Misogyny isn’t cute or funny, and anyone who thinks that making Jack the Ripper a team symbol is anything but one more outrage perpetrated against his pathetic victims but gets indignant over the Atlanta Braves has his head on upside-down and backwards.

Now, I suppose it’s possible that an association of serial killers will protest that the name “London Rippers” dehumanizes them and puts them in the same category with lions, tigers and bears. In such an eventuality, I would side with the associations of lions, tigers and bears protesting that the name denigrates them. Sportswriting lawyer Craig Calcaterra, a sharp baseball mind whose NBC column alerted me to this story, somehow misses the point by a mile, writing:

“…Jack the Ripper did his work, like, 130 years ago. Murder is murder and it’s always awful, but at what point has enough time passed to where this kind of thing isn’t a problem?  And yes, I note the mayor’s nod to ending violence against women, but does a reference to a 19th century British serial killer who is more often fictionalized today than dealt with in his brutal reality really undermine those laudable aims?
I’m not saying it’s 100% fabulous. But really, kids were singing about Lizzie Borden taking an axe and giving her mother 40 whacks within a few years of that going down. Is it really too soon to be able to use a  long-dead historical figure as a mascot? There are a bunch teams called “crusaders” and the crusades were brutal. We still have Chief Wahoo around, and you can make an argument that the thinking behind that mascot (i.e. Indians are somehow less-than-human) represented way more death and destruction than anything Jack the Ripper did.”

Ugh. How many rationalizations are in this passage? Playground chants about Lizzie Borden (or the Black Plague, which is what “Ring around the rosey” is about) are not remotely comparable to naming a community’s baseball team after a serial killer. Playground refrains don’t become part of a community’s identity, and they don’t in any way bestow prestige on the dark subjects of their rhymes. Teams named after crusaders, warriors, braves and pirates don’t aspire to honor the deaths caused by these groups, any more than teams are named the Lions or Tigers because they have mauled people, or the Cardinals and Orioles are so named because the birds poop on our heads. There one reason, and only one, Jack the Ripper is famous. He slit the throats of desperate prostitutes and dissected them,: in the case of Mary Kelly, he minced his victim, leaving her internal organs on her night table. The London Ripper sent body parts of one victim to police, and taunted them. He didn’t possess a single admirable quality to justify a connection to a sports team, unless there are professional misogyny, mayhem or maniac leagues somewhere.

And Craig’s argument that is an expiration date on the offensiveness of trivializing tragedy is the worst of all. Seriously, Craig? So Penn State can call its wrestling team “the Molesters” in 100 years or so? What he’s really endorsing is ignorance. Kids who chant about the bubonic plague don’t realize it, and neither do their parents. That a lot of people don’t know the truth behind all the fictional Jack the Ripper tales is an argument for enlightening them, not pretending that killing prostitutes is just fun and games.

The mayor of London is right, Craig  is wrong, and if there ever was an inappropriate and harmful  team name, the London Rippers is it.

Judging McQueary: Child Rape Bystander Ethics

/ Jack Marshall / 19 Comments

You have no excuses, Kal-El. But the rest...

“It was cowardly for a 6′4″ graduate assistant to witness the rape of a child by an older man and not only take no action to stop it but also not even call the police,” writes David French in the National Review.

He is, of course, referring to Mike McQueary, then a 28-year-old graduate student assistant coach for Joe Paterno at Penn State. Others have declared that it was an “absolute moral imperative” that McQueary physically intervene to stop the sexual assault.

It is interesting that the absolute moral imperative is nonetheless linked to qualifiers. French references McQueary’s size and the fact that the alleged assailant, Jerry Sandusky, is older. Some critics have focused on his gender. Still others, making the argument that McQueary failed to intervene because he didn’t take a child rape seriously enough, have suggested that he would have acted differently had Sandusky been beating, rather than raping the child. Of all the ethical debates surrounding the Penn State scandal, the question of how much scorn should be heaped on McQueary for not acting immediately to stop the rape in progress has been the most fascinating, and to my mind, the most disingenuous. It appears that every commentator, male or female, young or old, fat or fit, is convinced that would have charged in and battled the 57-year-old former wide-receiver, pummeling him into wet submission while the child escaped. Maybe. Studies and anecdotal evidence indicate that in fact, most people wouldn’t physically intervene. Perhaps sportswriters and op-ed writers are made of sterner stuff that the rest of the public.

Yes, that must be it.

None of this is to suggest that physically stopping a child rape in progress isn’t the right thing to do; it is. For his part, McQueary reputedly didn’t take any action to stop the assault,* which in order of effectiveness would be… Continue reading →