Professions

Is There An “Almost Naked Lovely Lawyer Principle”?

/ Jack Marshall / 7 Comments

cathy-mccarthy

Not really.

But it’s complicated.

Cathy McCarthy (above) is a 2013 graduate of Loyola Law School-Los Angeles, and she is sounding the clarion call for the right of bikini model-lawyers to be taken seriously. She wrote…

I graduated law school a year ago after receiving an academic scholarship and passed the California Bar last November on my first try. I am also a model and have had moderate success, building fan base of over 26,000 people where I do mostly bikini promotions. Does this make me better or worse at my job? According to some people, it makes me unable to be taken “seriously” in the business community. In fact, two weeks ago, I was reprimanded by a coworker for my online presence and was told to “handle the situation.”I fought back and was ultimately let off the hook, but this is not the first time that I have faced backlash from colleagues who think that a lawyer should not also get the privilege of “looking hot in a bikini.”

Unlike the case with primary and secondary school teachers, where a published presence on the web that is sexually provocative can interfere with a healthy student-teacher relationship, there is no automatic impediment to a lawyer client relationship posed by the lawyer moonlighting as a bikini model, a fold-out, or even a porn star. The profession acknowledges this in several legal ethics opinions affirming lawyers’ First Amendment rights. Lawyers can express themselves any way they choose, provided that it does not undermine their ability to represent their clients in any way. Continue reading →

Woody Allen, James Shigata, And Diversity Casting Ethics

/ Jack Marshall / 3 Comments
You have no idea who this is, do you? Well, it shouldn't have turned out that way...

You have no idea who this is, do you? Well, it shouldn’t have turned out that way…

I’m sure you heard about James Garner’s recent death, but were you aware of James Shigata’s passing? Shigata, who died July 28 at the age of 85, was a contemporary of Garner’s, a superb actor, and like Garner, a leading man with leading man looks. James Shigata, however, was of Asian descent, though American through and through, and never escaped the perceived limitations of the shape of his eyes. Though he had a starring role in the hit film adaption of  the Rodgers and Hammerstein musical “Flower Drum Song” and routinely received critical acclaim for all of his film work, but though he got roles on television through the ’80s, he never was able to break through the typecasting straightjacket that deemed him only suitable for “Asian” roles. If you remember him as all, it is probably as the brave Japanese executive shot by Allan Rickman in “Die Hard.”

I thought about Shigata when I read a piece in Salon, noting that director Woody Allen didn’t cast African-Americans in his movies, and that his explanation why didn’t justify the neglect. Prachi Gupta writes, Continue reading →

More Bad Law Ethics: Integrity Test Coming For The Judiciary On Obamacare

/ Jack Marshall / 12 Comments
"Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished. Your Friend, Congress"

“Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.
Your Friend, Congress.”

In a recent post, I explained how the incompetent drafting and reckless manner in which the Affordable Care Act was passed has corrupted every branch of the government as well as damaged our system and the public’s faith in it. Affordable Care Act supporters continue to desperately try to excuse, fix, and rationalize this disgracefully bad law. Next up is an integrity test for the judiciary, as the legal argument against the US Court of Appeals for the DC Circuit’s decision in Halbig v. Burwell becomes untenable.

If the two judges on the three judge panel were correct, and it appears they were, then a drafting miscalculation in the ACA has rendered the health care overhaul unworkable, meaning that it can’t be fixed, constitutionally at least, by Executive Orders, waivers, delays or lies, like so much else connected to the legislation. It will have to be addressed the old-fashioned—as in “according to the Constitution”—way, or not fixed at all. Continue reading →

Ethics Dunce: ESPN

/ Jack Marshall / 23 Comments
"That will teach you to fudge the truth, Smith. Remember, you're a journalist!"

“That will teach you to remember to fudge the truth, Smith. Remember, you’re a journalist!”

Item: ESPN suspends Stephen A. Smith. Why? In response to the uproar over the NFL’s suspension of domestic abuser Ray Rice only two games for punching a woman’s lights out—the love of his life!—Smith uttered the blasphemy that some victims of domestic abuse share responsibility for their plight. Of course, he is 100% correct, and this something that many women must hear, learn, and act upon, or perhaps die. The proof: the precise case that prompted Smith’s comments! Janay Palmer, Rice’s punching bag, refused to file a complaint against him, and married the bastard a couple of months after he hauled her unconscious body out of a hotel elevator like a sack of potatoes, caught on camera.

If (I would say “when”) she gets clocked again, is she partially responsible? Absolutely. I also think she’s responsible in part for the injuries of every abused woman who follows her high-profile, irresponsible, violence-provoking (I use that unfortunately inexact word as Smith used it) example.

Smith’s suspension—for a week, almost as long as Rice— to mollify the feminist apologists for their violence enabling sisters, is craven and wrong.

________________________

Facts: ESPN

Great, Now Magneto Wants To Wipe Out Professional Theater…

/ Jack Marshall / 25 Comments

Magneto McKellen

Maybe he should run for Vice-President on a ticket with Elizabeth Warren.

Quoth revered British actor Ian McKellen, Magneto (and Gandalf ) in the flesh:

“The one thing you can ask, I think, is that actors get paid a living wage. I would like it if all the repertory theaters that currently exist could do that. It would make a huge difference.”

It sure would. It would put most small professional theaters out of business, make theater unaffordable for any but rich theater-lovers, and eliminate a huge number of acting jobs. It is an idiotic, ignorant, irresponsible, but very, very nice, liberal, compassionate, well-intentioned and Elizabeth Warrenish suggestion that willfully ignores reality and basic economics—in other words, it is consistent with progressive mythology. We owe the Magster a debt of gratitude for illustrating exactly what is wrong with blanket endorsements of minimum wage increases and “living wages.” Continue reading →

State Of U.S. Journalism: “Conflict of Interest? Oh, THAT Old Thing!”

/ Jack Marshall / 55 Comments
At last report, rolling in his grave...

At last report, rolling in his grave…

I believe that the field of journalism ethics has been negated, as the news media now routinely ignores the most obvious conflicts of interest, and make no effort  to avoid them, address them, or disclose them.

Case #1: Taking orders from Hamas

 Hamas has published media guidelines instructing Gazans to always refer to the dead as “innocent civilians” and to never post pictures of armed Palestinians on social media. Hamas has prevented foreign reporters from leaving the area, and it is easy to see how foriegn journalists would conclude that the best way to ensure their safety is to avoid angering their “hosts.” Seemingly mindful of these concerns, the New York Times’ reporting on the Gaza conflict from Israel depicts tanks, soldiers, and attack helicopters, while virtually all images from Gaza are of dead children, weeping parents, bloody civilians, ruined buildings, overflowing hospitals, or similar images of pain, carnage and anguish. As Noah Pollack noted in the Weekly Standard website,  a Times photo essay today contains these images:

“…three of Gaza civilians in distress; one of a smoke plume rising over Gaza; and three of the IDF, including tanks and attack helicopters. The message is simple and clear: the IDF is attacking Gaza and harming Palestinian civilians. There are no images of Israelis under rocket attack, no images of grieving Israeli families and damaged Israeli buildings, no images of Hamas fighters or rocket attacks on Israel, no images of the RPG’s and machine guns recovered from attempted Hamas tunnel infiltrations into Israel.”

Is this just naked anti-Israel bias, or is the Times simply trying to report the story without getting its reporters’ into further peril? I’ll be charitable and presume the latter: fine. But that defines a clear conflict of interest that mars the objectivity of the Times’ reporting, and the paper has an ethical obligation, under its own guidelines, to disclose it in every report where it might be relevant.

It has not. Continue reading →

Now THIS Is An Unprofessional Actor

/ Jack Marshall / 2 Comments
Even John would have a problem with this actor's "method"...

Even John would have a problem with this actor’s “method”…

The 8th Circuit has ruled that actor Paul Doering was justly sentenced for his conduct during a 2011 theatrical event in which he was performing. What did he do?

For a Western-themed charity event in Hill City, South Dakota,  Doering portrayed an outlaw in a shootout.Stage actors using guns shoot blanks, of course. For some reason—extreme method acting? Bad reviews? That ineffable something that makes a star?—Doering used live rounds, real bullets, wounding three spectators.

And they say the theater is dull.

You can read about the case here; that’s of secondary interest. What I find fascinating is that this might be the most unethical performance by an actor in a theatrical performance ever.

John Wilkes Booth doesn’t qualify: he wasn’t in the cast when he shot Lincoln during “Our American Cousin.” I’m pretty sure he would have found Doering thoroughly unprofessional.

Ethics Lessons From An Ethical Life: James Garner, 1928-2014

/ Jack Marshall / 19 Comments

Brett_Maverick_-_James_Garner

To me, James Garner will always be Bret Maverick, his black hat worn girlishly on the back of his head, or “The Scrounger” in “The Great Escape,” a role modeled after Garner’s real-life exploits in the military. For some reason Garner’s aging through the years—his health issues ranged from a heart by-pass to knee replacements and several strokes—bothered me more than that of most stars from my youth. His death bothers me more. James Garner always struck me as a someone who should be perpetually young. Of course, I feel the same way about myself.

By all accounts from contemporaries, fans and colleagues, he was a decent, fair and usually amiable man who never let stardom turn him into a monster, as so many do. He had a single, long-lasting marriage and a stable family; he was not fodder for tabloids with affairs, illegitimate children, drug abuse or DUI arrests. He did apparently have a penchant for punching people in the nose who insulted him to his face, a habit about which he was unapologetic. Continue reading →

John Travolta, Carrie Fisher, and The Ethics of Outing

/ Jack Marshall / 25 Comments
Mr. and Mrs. John Travolta

Mr. and Mrs. John Travolta

Should it matter if John Travolta is gay? It shouldn’t, no. To say it shouldn’t, however, is not to prove that it doesn’t. In his industry, for all its liberal and progressive grandstanding, the perceived sexuality of leading men does matter, because it is believed that it affects the bottom line. Most important of all, John Travolta doesn’t want the public to know/believe/think that he’s gay.

That alone ends the story, in ethics terms. Revealing this aspect of a private life that the actor has chosen to keep private is entirely his decision to make, and nobody should force him to make it, or make it for him. Therefore, what did actress Carrie Fisher, Hollywood kid, writer, “Star Wars” icon, and former bride of a gay man, think she was doing when she told the Advocate, in response to a question about Travolta’s legal maneuvers against a website that published a story about his alleged gay lifestyle…

“Wow! I mean, my feeling about John has always been that we know and we don’t care. Look, I’m sorry that he’s uncomfortable with it, and that’s all I can say.”

Continue reading →

Adam Wainwright’s Foul All-Star Ethics

/ Jack Marshall / 6 Comments
"Boy, I'm glad Wainwright threw me a pitch a Little Leaguer could hit, because I'm just about done. I sure hope he tells everyone about it,.."

“Boy, I’m glad Wainwright threw me a pitch a Little Leaguer could hit, because I’m just about done. I sure hope he tells everyone about it,..”

St. Louis Cardinals pitching ace Adam Wainwright lost MLB’s 2014 All-Star Game for the National League (though he was not the official losing pitcher). He gave up three quick runs in the first inning, and his squad never overcame the deficit, losing 5-3. As a result, his league’s champion at the end of the season, which could conceivably be his own team, will labor at a disadvantage: the league that wins the All-Star game get the home advantage, which recently, at least, has been decisive.

None of that reflects poorly on the pitcher. He got hit hard by a group of likely Hall of Famers (Derek Jeter, Mike Trout, Robinson Cano and Miguel Cabrera) in an exhibition game that doesn’t count in the standings. So what?

This, however, does reflect poorly on Wainwright:

The game began with a long ovation for AL lead-off batter Derek Jeter, the Yankee shortstop who is retiring after this season following a storied career. Wainwright, in what appeared to be a class move, placed his glove and the ball on the mound in Minnesota’s Target Field and  stepped off to applaud, becoming, for a moment, just another fan giving a well-earned tribute to an all-time great. Then, three pitches into Jeter’s at bat, the living legend lined a ringing double to right field as if scripted, giving the crowd another chance to cheer, and triggering the American League’s winning rally. Later, in the dugout being interviewed on live TV, Wainwright announced that he had given Jeter “a couple of pipe shots”—that is, grooved his pitches so Jeter could get a hit.

Horrible. This is wrong in every way, no matter how you turn it—poor sportsmanship, disrespectful to Jeter, damaging to the game, and dumb: Continue reading →