Popular Culture

“The Good Wife” Jumps The Ethics Shark

/ Jack Marshall / 8 Comments

jumping the shark

I saw this coming several seasons ago- that the once ethically challenging CBS legal drama “The Good Wife” was on the way to strapping on Fonzie’s old water skis and jumping the old Ethics Shark. Sure enough, after being able to watch the show irregularly and being either confused or disappointed when I did, I finally got a chance to watch an entire episode last night. The Shark has been officially jumped and TGW is no longer bothering to check with its legal ethics consultants. This is known as “The David Kelley Syndrome,” as all of that producer’s legal dramas, “The Practice,” “Ally McBeal,” “Boston Legal,” etc, begin plausibly and end up in the Legal Ethics Twilight Zone as the writers run out of ideas.

In last night’s episode, “Cooked,” Good Wife Alicia’s defendant was charged with making GHB. He claims innocence because he wasn’t making authentic GHB, but a GHB-like substance,without the same chemical compound as GHB itself and thus less dangerous.  Alicia explains the law to him, which is that he would be better off if his intent was to make GHB but he  ended up with the pseudo GSB by mistake, instead of successfully making the possibly illegal GHB-like drug intentionally.  She says that he needs to be clear which he did, and tells him to tell the truth.

This is the common, much criticized defense lawyer tactic called “The Lecture” in the novel “Anatomy of A Murder.”  A lawyer is bound to explain the law to his or her client, and that sometimes means educating a client regarding how to “remember” what happened.

Then Alicia discovers that her defendant isn’t who he claims to be. He’s an FBI agent, and he’s part of an FBI sting to prove the judge in the case is taking bribes. She says she’s going to tell the judge about his false identity (and also that the charges were fake) so he tells her and that if she blows his cover, he’ll tell the judge that she suborned perjury by  giving “The Lecture.” She backs off, and agrees not to tell the judge.

Suspend her.

1. If she has a personal interest (Rule 1.7) that conflicts with her duty to protect client confidences (Rule 1.6), like her conflicting duty as an officer of the court to report a fraud on the court, a.k.a. THE WHOLE CASE, then the least she must do is withdraw under Rule 1.16. Continue reading →

“Why Does Hillary Think Her E-mail Scandal Is So Funny?” And Other Brief Ethics Notes To Get The Week Off To A Depressing Start…

/ Jack Marshall / 8 Comments

W dead guns

Most Unethical Grieving Mother Of The Year

A caring  friend of Chanelle Chavis created a GoFundMe account asking for donations to Chavis’ 3-year-old daughter’s Camber’s funeral after the grieving mom told the friend that her daughter had died in an accident.  Later, moved by the plea, a woman gave  Chavis a $5,000 personal check to pay for Camber’s funeral expenses after Channelle exchanged text messages with her.

Nearly a month later, investigators found that the body of Camber Chavis was still in deep freeze at the funeral home, and no arrangements for burial had been made. Oh—this was no boating accident. The little girl had been murdered by her father.

On October 16, Chanelle Chavis pleaded guilty to obtaining money by false pretenses, a misdemeanor, and received a six month suspended sentence.

These cases of conning people into donating money are basically  all the same, but bit by bit, they make our society less kind, less generous, and less trusting. The law may see this is a minor crime, but there is nothing minor about the damage it does to our society.

Sure, We Don’t Need Guns… Continue reading →

Ethics Alarms Reminder: Don’t Forget About The Links…

/ Jack Marshall / 11 Comments

Homemade-Sausage-Recipes jpg

Those links to other websites on the left are seldom accessed, I suppose because most blogs accumulate them on a quid pro quo basis: link to me, and I’ll link to you. Ethics Alarms doesn’t do that. If the link is there, it’s because I use the site to identify ethics issues or as an information resource. I don’t remove links because a site has removed mine or refuses to link to this one; I don’t take revenge on bloggers who write nasty things about me, either.

This isn’t personal, it’s just ethics.

I’ve been meaning to highlight some of the links for a long time, so readers might be moved to check them out. I assume you are familiar with the news aggregation sites, right, left and center, that I use the most: Mediaite, Politico, Drudge, The Daily Beast, Huffington Post, Google News, Think Progress, memeorandum, and Fark (great for teacher scandals!), as well as the ones that I don’t use, because they are either too biased to trust or have proved untrustworthy, like Breitbart, Buzzfeed, Gawker and The Daily Kos. (I am close to abandoning the Daily Caller as well.) Here are eleven links you should explore; I’ll have other lists of links for you now and then: Continue reading →

A Bobby Jindal Critic Asks, “Would I Be Uncivil If I Were To Suggest That Somebody Punch This Man Right In His Dick?” Why Yes, I Believe You Would…

/ Jack Marshall / 11 Comments
By all means, this should be our model for political discourse...

By all means, this should be our model for political discourse…

Gov. Bobby Jindal, desperately trying to stay relevant in the Republican race to be the party nominee in 2016, weighed in on the Oregon community college shooting with an extensive blog post that shows, if nothing else, that the Fifties live. It’s pretty awful, designating as “root causes” of the violence such Oldies but Stupidees as “glorifying violence” in popular culture (Actually, this one is closer  to 1650), movies, TV shows, music (Run, Tipper! This is your chance!) the decline of religion ( “…we flaunt the laws of God and common decency”—I think you mean “flout” there, Bobby), the decline of the family…you know the list. The problem with Jindal’s rant—other than its exaggerations, poor writing and hysterical tone— is that taking any single event and attributing it to generic causes is demagoguery, and as intellectually dishonest as  blaming the NRA every time someone is murdered with a gun.

The Huffington Post, mocking Jindal’s eminently mockable screed, asked “What about gun violence?” as if Jindal left out the one obvious “root cause.” Is it really necessary to point out that gun violence is responsible for gun violence? But that’s anti-gun code for guns, you see. Guns are responsible for the shootings. Take the evil guns away, and nobody dies! That this facile and deceitful dead end reasoning is so accepted among progressives and liberals that it is considered an obvious truth is depressing, but I digress.

Jindal is also depressing, since the only remedy for violent movies, TV shows and video games is censorship of one kind or another, and you know what the Right will do if it gets that started: TV couples will again be sleeping in twin beds like Rob and Laura Petrie by edict. His lack of logic is depressing too—how does someone like this get elected a governor?—when he attributes alleged conditions like “the family is a mess” to a rampage by someone who might have been raised like Opie Taylor but whose mind just snapped, as they have a tendency to do. Again, a single incident has specific causes. Jindal’s main argument is exactly as exploitative and dishonest as using the Oregon shooting to lobby for gun regulations that wouldn’t have stopped the shooting. Continue reading →

A Lesson In The Dangers of Wise-assery, Hindsight Bias, And Moral Luck

/ Jack Marshall / 16 Comments

allan-sherman-2

Once upon a time, a fat, spectacled, pleasant amateur song parodist sold millions of records with what middle-aged college grads thought were witty musical critiques of Sixties life and culture. His name was Allan Sherman, and one of those witty songs was this:

Therein lies some useful lessons which we all should absorb:

1. What seems like a valid opinion today might well seem incredibly stupid to virtually everybody later.

2. Venturing outside your expertise is always risky.

3.  Everything seems obvious in hindsight. In most cases, it was anything but.

4. Yesterday’s wit is tomorrow’s ignorance.

5. Whether your opinion is going to make you look like a prophet or a fool is often nothing but moral luck.

6. Criticizing someone for views proven invalid by subsequent developments no one could have foreseen is consequentialism, and unfair.

7. People will do it anyway.

8. We are all Allan Sherman. We just don’t know how.

It’s hard to imagine now that John, Paul, George and Ringo are icons and deserving ones, but back in 1964 it was considered wise and clever to make fun of their hair, their fans and pronounce them untalented hacks. At the beginning of the British invasion, many sophisticates regarded the Beatles as indistinguishable from the legendary Dave Clark Five, and a passing fancy no more significant that the hula hoop.

Mock them now at your peril. Your time will come…in fact, it probably already has.

 

“Who Are You Calling A Nut?” And Other Ethics Issues In The Community College Shooting Aftermath (Continued)

/ Jack Marshall / 215 Comments

I apologize for the length of this two-part entry, but the preponderance of fact- and reasoning-free anti-gun hysteria in the wake of the Oregon shooting has even exceeded Sandy Hook levels, a development I didn’t think was possible. An emotional national reaction to such a tragedy is fine, and natural, as long as it doesn’t stampede policy-makers and make the public dumber and more ignorant than they already are regarding basic rights, the reasons for them, and the limits of law and government. This post and its earlier installment are offered to catalogue, in part, the ethics carnage, and perhaps to save some readers time when they are confronted with a usually sane friend or family member who begins ranting about how “ridiculous” it is that this “problem” hasn’t been “solved” and how it’s all the fault of the NRA and bribed politicians, because if Australia can do it, why can’t we? In my experience, however, the angry anti-gun zealots—yes, you can still be a zealot and talk about “common sense solutions” if they are either not sensible or not solutions—don’t want to hear facts or reason. People have died, guns are bad, and why can’t we stop it? The same people also tend to think we can stop prejudice, poverty, risk, inequality, war, and the effects of mankind living on the planet. They also rank “Imagine” among the most profound songs ever written.

Sigh.

Here are the rest of the points:

V. Another Facebook friend published this chart…

wholechart

…and said that it showed that “states with fewer gun regulations had frequent gun related murders than those with more regulations. It doesn’t show that. It shows, for example, that Vermont, Maine and North Dakota have few regulations and low gun murder rates. I know him well–he’s an honest man. But he saw what he wanted to see, not what was actually on the chart. Meanwhile, everyone “liked” his post.

VI. I know I’ve made this observation before, but it still drives me crazy. I just had another argument over it with my sister, and she hung up on me. Obama and the hoard leaps on this shooting to once again lobby for “common sense” gun controls that most agree wouldn’t have stopped this shooting. There is , I would say, an obvious, ethical and logical disconnect there. If the measures being sought would not have stopped this shooting, why all the angry, “blood on your hands,” “how long will this go on” rhetoric? The clear and misleading message is that the shooting would have or might have been stopped if only, if only, but when the substantive recommendations are listed they have little or nothing to do with the incident itself. Why do smart people tolerate this? The shooter’s father–who, by the way, shares at least as much culpability for the Oregon shooting as anyone, and a lot more than the NRA, gave an interview in which he blamed the shooting on the fact that the law allowed his son to acquire 13 guns: Continue reading →

Fordham, Marquette and Brown Revoke Bill Cosby’s Honorary Degrees

/ Jack Marshall / 8 Comments

Good.

They want the robe back too, Cos...

They want the robe back too, Cos…

From a Brown University release last week:

“It has become clear, by his own admission in legal depositions that became public this summer, that Mr. Cosby has engaged in conduct with women that is contrary to the values of Brown and the qualities for which he was honored by the University in 1985. On Friday, September 25th, the University’s Board of Fellows held its first regularly scheduled meeting since that information became available. The Fellows deliberated and determined to revoke and rescind the honorary doctorate conferred upon Bill Cosby by Brown University.”

This was the right thing to do, and the three universities—Fordham and Marquette had beaten Brown to the dishonoring of Cosby by a few days— all deserve praise for doing it. No, this verdict isn’t inconsistent with my post condemning Disney’s decision to remove Cosby’s bust in its Academy of Television Arts and Sciences Hall of Fame Plaza. I made it very clear that the problem with that decision was that it involved withdrawing an honor that had nothing do with Cosby’s character, and was one that was earned and still warranted: Continue reading →

Comment of the Day: “The Beatles And Plagiarism”

/ Jack Marshall / 9 Comments
Then there are Golden Rule considerations...

Then there are Golden Rule considerations…

There were many outstanding comments today, but I have a soft spot in my heart for any comment that completes a post that I decided to shorten by raising the issue I omitted for length. Thus johnburger2013 gets another Comment of the Day nod for his musings on the elusive lines between homage, inspirations, quotes and plagiarism in music.

The three examples discussed in my post are not close calls, I’d insist: my friend, actor/lawyer/ classic rock maven David Elias informs me that John Lennon actually confessed that he had plagiarized the Chuck Berry song, and his was the least egregious steal of the three. Other instances, however, are not so clear cut: If he hadn’t sung all of them, a case could be made that every Gary Puckett song was plagiarized from every other one. (The same, in fact, has been said of Chuck Berry.)

In researching the Beatles story, I found an entertaining site called Sounds Just Like which explores johnb’s “line.” Most are a stretch: No, I don’t think John Williams ripped off Darth Vader’s theme from Mary Poppins’ “A Spoonful of Sugar.” But I do know that Arthur Sullivan was imitating Mendelssohn big time in “Iolanthe,” and that recognizable musical quotes are important tools of the trade that should not be strangled by overzealous copyright prosecutions.

Here is johnburger2013’s Comment of the Day on the post, The Beatles And Plagiarism: Continue reading →

The Beatles And Plagiarism

/ Jack Marshall / 18 Comments

Chuck BerryI knew that Brian Wilson had ripped off Chuck Berry’s “Sweet Little Sixteen” to write “Surfin’ USA,” resulting in Berry owning the copyright to the Beach Boys hit. I knew that George Harrison had stolen the Chiffons’ “He’s So Fine” for his first solo hit “My Sweet Lord,” ultimately resulting in Harrison being found guilty of “subconscious plagiarism” (suuuuuure) and paying $1,599,987 of the earnings from “My Sweet Lord” to Bright Tunes, since songwriter Ronnie Mack had died in 1963, shortly after “He’s So Fine” was released. ( George did not cover himself in glory, telling an interviewer, “As far as I’m concerned, the effect the song has had far exceeds any bitching between copyright people and their greed and jealousy.” You stole the song, George.)

I did not know until this morning, when I had a chance to listen closely to Berry’s “You Can’t Catch Me” on my car radio, that The Beatles had plagiarized it for the opening cut on “Abbey Road,” “Come Together (Over Me.)”

First it was the lyrics that got my attention. I heard Chuck sing..

“I was rollin’ slowly ’cause of drizzlin’ showers
Here come a flat-top, he was movin’ up with me..”

Sounds familiar…where have I heard that before? Oh yeah!

“Here come old flattop, he come grooving up slowly…”

Then there was the melody, which was essentially identical, just differently arranged. Compare:

Continue reading →

From The”On The Other Hand” Files: Before You Are Too Hard On Feminists Who Arrive At College Resenting Men, Read This…

/ Jack Marshall / 30 Comments

Street harassment sign There is are good reasons why many women come to think of all men as potential predators.

Valerie Steighner authored a powerful essay titled “My 11-Year-Old Daughter Just Got Catcalled for the First Time and I Don’t Know How To Teach Her to Protect Herself From Predators.” Please read it. Here’s an excerpt:

She is 11 years old. She just graduated from elementary school and still plays with small plastic animals. And now along with vocab words, I have to teach her how to protect herself from disgusting men.

I told her that what that man did is called catcalling and catcalling is aggressive behavior and the best action is to ignore it. Usually, men that are willing to yell slurs about you and your body, if provoked, can be unpredictable and dangerous; it’s best to keep walking; don’t make eye contact and stand tall. 

I felt so defeated as the words came out of my mouth. Basically, there is nothing we can do, but pretend it’s not happening….Obviously, I was sexually active all through my twenties, but there is a difference from being what others want and finding what you need…The predator lives everywhere. He lives on our streets, in our grocery stores, on our billboards and in our malls. He constantly reminds us what our value is and where we belong. How do I teach her to catch him, see him and to protect herself from him?  How do I teach her that her body is not a source of shame but a source of power and strength? How do I teach her to hear the predator’s words to know what they mean and still stand tall and confident? How do I teach her to protect herself and still be open?

It sucks. It sucks that this has to happen to my daughter in 6th grade. It sucks that it’s only the beginning. It sucks that she has to learn about her body in the context of men noticing it. 

What also sucks is that the problem is a failure of ethics and civilization to move fast enough. Men are programmed to want sex and to procreate, and once upon a time in America the kind of conduct a disgusting 50-year old focused on the writer’s barely pubescent daughter was a cultural norm. In some places, it still is. Women had no other function but to find a man, have his children and make the home run smoothly, and not finding a man was, in some settings, a catastrophe. In the American West, a woman in her thirties who was uneducated and unmarried was very likely to end up a prostitute: it was the single largest occupation for unmarried women. When so many women are whores, men get in the habit of treating women as whores, and women who don’t want that fate will provide positive reinforcement to flirtations that are really harassment and disrespect. [You can find the many Ethics Alarms posts related to this topic here]

Old habits supported by hormones, traditions and bad role models—like, say, Jack Kennedy, Joe Biden and Donald Trump–will die hard or not die at all. In many ways, the culture still supports the ugly behavior Steighner’s daughter experienced. Many ways.  For example, in a current Geico commercial, the Gecko shows his trophy accompanied by that briefly popular song “Whoomp! There it is!,”  which is essentially street harassment in song form. You will also hear it in sporst stadiums. Continue reading →