U.S. Society

Hollywood’s Unethical Aging Leading Man Tradition

/ Jack Marshall / 67 Comments

[Let’s see, I tried to get everyone off the silly NFL kneeling protests (just because I write a lot about something doesn’t mean I don’t think its that important), and a simple pro-civility post turned into a donnybrook. Hmmm...how far can I get from both issues? Maybe this will work…]

The Business Insider has an article about something that has bothered me for decades: Hollywood’s embarrassing addiction to pairing young actresses with aging male stars, even when it’s ridiculous. There is nothing wrong with a 60 year old man romancing a 25 year-old woman, just as there was nothing wrong about the romance between an elderly woman and a twenty-something male in “Harold and Maude.” However, the appearance of such pairings is unavoidably sexist, and cuts hard against Hollywood’s posture that it is a force for liberalizing the culture.

The article, by Meg Shields, says in part…

“American Made” premieres this week, bringing two reunions with it: Tom Cruise and “Edge of Tomorrow” director Doug Liman, and Tom Cruise and his ever-growing age gap with his female co-stars. Sarah Wright (who plays Cruise’s wife in the film) was born in 1983 just a couple months after the premiere of Risky Business, making her 22 years Cruise’s junior. 

…It’s a well-known fact that Hollywood likes to pair older men with younger women. And to be clear, there’s nothing wrong with an age gap between two consenting adults. According to the 2013 US Census, 4.8 percent of heterosexual married couples included a husband 10-15 years his wife’s senior. The problem, rather, is that Hollywood doesn’t really care about showcasing the stories of that 4.8 percent so much as normalizing the expectation that women are only romance material when they’re in their mid-20s/early-30s, whereas men are free to age and remain conceivably f—able.

… I crunched the numbers for every single Tom Cruise movie, comparing his age relative to that of the actresses playing his love interests over time. All told, Cruise’s age gap mirrors, and indeed confirms, the larger critique of Hollywood’s bias against older actresses. This isn’t just anecdotally-sourced rhetoric, by the way. There’s more and more statistical evidence showing how women age out of Hollywood. Time and The Pudding, for instance, do a great job at visualizing how more roles and dialogue are available to men as they age, where the opposite is true for women.

I was intrigued by this article because I just saw Cruise’s remake of “The Mummy” (and a more ludicrous spectacle it would be hard to find). Tom looks great for his age, at least a decade younger than he is, and he is inherently youthful, so it is a bit unfair to use him to make this point. How about the oogy pairing of Catherine Zeta-Jones and Sean Connery (above), looking every inch of his 69 years in “Entrapment”? When Cary Grant at 60 was paired with the gamin Audrey Hepburn in “Charade,” Cary’s fans weren’t bothered, but he was: he said that he felt uncomfortable playing the romantic lead at an advanced age, and began planning his retirement. John Wayne was never a comfortable romantic lead, and while Howard Hawks made the by-play between the Duke at 52 with 28 year-old Angie Dickinson in the great “Rio Bravo” work, teaming Wayne with much younger women didn’t seem right; a few movies later, he was back with Maureen O’Hara. Continue reading →

Comment Of The Day: “Comment Of The Day: The NFL Anthem Protest Ethics Train Wreck, Part One”

/ Jack Marshall / 24 Comments

I don’t like only covering one ethics topic on a given day, but the NFL National Anthem Train Wreck posts certainly generated enough high-level commentary to justify it this time. My two posts on the topic also sparked several candidates for Comment of the Day. This one, by Chris Bentley, challenged the central premise of the NFL kneelers, to the extent that they have a premise: they certainly have been neither persuasive nor consistent in articulating whatever they think they are kneeling for.

Here is Chris Bentley’s Comment of the Day on the post (by Chris Not Bentley),Comment Of The Day: The NFL Anthem Protest Ethics Train Wreck, Part One:

“…of a man who said that he couldn’t honor a nation that “oppressed” blacks…”

Sincerely asking, Chris, because I took issue with when Kaepernick made the initial claim, and take issue with you repeating it. How is ours a nation that oppresses blacks?

That is a bold, and wide ranging claim to make. And, as I have invoked before (and at times you’ve shot down, at times legitimately, and at times not, IMO), how can a country that oppresses an entire race of people, a group of people that share the same race as I, somehow not oppress me? Not oppress my father? My brother? My sister, uncle, niece, cousins?

If there is something that makes us different, that makes Thomas Sowell, and Jason Riley, and Walter E. Williams, and Derrick Green (writer for Project 21, a leadership network for Black Conservatives), and many other blacks who are apparent immune to this different, then why is no time devoted to identifying what that secondary component is, that causes us to be excluded from this oppression? We spend so much time discussing intersectionality, but ignore the intersection where systemic racism meets some unknown, unspoken characteristic possessed by some of us, where we become immune to that aforementioned systemic racism. If that’s our goal, eradicating racism, why is no one asking those of us who aren’t finding racism around every street corner, what our secret is? Why are the cameras consistently shoved in the faces of the victims of our racist society, but never us? (You and I both damn well know the answer)

To me, it’s be like someone claiming that Jack is biased against ALL commenters that have “Chris” in their screen name. If Jack’s never been biased against you, can that claim be credibly made? Shouldn’t there be a deeper dive, to identify other characteristics held by the group being infringed upon, rather than lazily basing it on a trait that’s also held by many people who haven’t been affected?

But, to my original question…by what metric can one claim that America is oppressive towards blacks?

Is it the ritualistic, indiscriminate killing of blacks by cops? B/c according to the Washington Post Police Killings tracker, in 2017, twice as many whites are killed by cops than whites (164 to 326). And while, yes, Im fully aware that means (since whites outnumber blacks 5 to 1) that blacks are MORE LIKELY to be killed, it also means that whites are killed in high enough number, that police killings cannot be solely about race. And 95% of police killings involve men, but there’s no outrage about that…so if we’re being intellectually honest and consistent, it cannot be about police killing rates relative to a particular demographic’s representation in the population, right? Unless we’re willing to admit that men are over represented in activities that bring them into violent contact with police…but that can’t be it, unless we’re ALSO willing to admit (I think you see where this leads)…

Is it about black poverty rates? 46% of Black families with children that are headed by single Black women live in poverty, vs 8% of black families where the parents are married (which obviously trails statistics for while single mom headed households/married households), but as of 2014, only 29% of black adults were married, down from 61% in 1960. It stands to reason that a 2 income household leads to more financial stability, and is something that can be created regardless of how racist our society is (I mean, the black marriage rate was 80% in 1890, when the US was still in the immediate shadows of the Civil War and Reconstruction). Did the legacy of slavery just…skip a few generations? Is systemic racism somehow preventing us from marrying one another? Continue reading →

Comment Of The Day: The NFL Anthem Protest Ethics Train Wreck, Part One

/ Jack Marshall / 209 Comments

Yeoman commenter Chris issued a detailed response to the first of two posts about the anthem protest fiasco. It’s not all rebuttal, and raises other related issues; Chris is clear and articulate, and I wanted to get this up now so commenters could respond here.

I’ll just argue immediately with one of Chris’s points, because I have always found it bizarre when I have encountered it elsewhere.  The Left’s aversion to rituals like standing for the National Anthem or saluting the flag seems to me to be a wonderful example of missing the crucially important forest for a scrawny tree. Rituals, traditions and ceremonies bind people, cultures and societies together. They also bind other cultures together, including small ones, like families. Singing and listening to that Anthem at public events is at worst harmless, and at best a binding and powerful group experience. I feel sorry for people who don’t or can’t experience it, just as I feel pity for those who cut themselves off from the culture’s celebration of Christmas to show their aversion to Christianity or religion. I have seen what havoc is raised in a family when a long and beloved tradition is suddenly rejected by a child. The family is wounded, and all its members are affected. This is just a microcosm of what happens in a nation when there is the kind of widespread rejection of values and symbols that Chris and those like him advocate.

The National Anthem at sporting events is theater, spectacle, and symbolic. Anyone on the field is part of the spectacle, and has the power to diminish the experience for people who care deeply about it. They also harm the tradition itself. For an organization like a sports team, it is important to make any on-field display professional, uniform, and pleasing to the audience. A player intentionally refusing to conform with the ritual and thus disrupting it is, at the minimum, rude and selfish. A team has every justification to take measures to prevent some players from standing respectfully, others kneeling, others turning their back, some waving competing flags and others making farting sounds. It looks bad. It will turn the tradition into a farce. Most important of all, it weakens the country and the culture. National pride and respect is part of the connective tissue that ensures the strength and health of any society. I cannot fathom why so many on the Left cannot grasp this concept, and I have dark suspicions that they do grasp it, and this is why they try to tear our traditions down.

Commenter John Glass also passed this along:

The specific rule pertaining to the national anthem is found on pages A62-63 of the NFL League Rulebook. It states: ‘The National Anthem must be played prior to every NFL game, and all players must be on the sideline for the National Anthem. ‘During the National Anthem, players on the field and bench area should stand at attention, face the flag, hold helmets in their left hand, and refrain from talking. The home team should ensure that the American flag is in good condition… …It should be pointed out to players and coaches that we continue to be judged by the public in this area of respect for the flag and our country. Failure to be on the field by the start of the National Anthem may result in discipline, such as fines, suspensions, and/or the forfeiture of draft choice(s) for violations of the above, including first offenses.’

Any employer has a right to set such rules and conditions for on the job conduct, and any employee has a right to ply his trade, or another, elsewhere.

Here is Chris’s Comment of the Day on the post, The NFL Anthem Protest Ethics Train Wreck, Part One:

sports should not be made a party to the current progressive indoctrination strategy of making everything in American life a political lecture

I agree, which is why the National Anthem should not be played at sporting events.

Nobody pays to go to sporting events to see continuations of the political disputes and debates they watch sports to avoid. Sports is entertainment, and entertainment is escapism.

I agree, which is why the National Anthem should not be played at sporting events.

It’s a useful distinction, and there is no question that the President, as misguided and inappropriate as his remarks were, wins the argument with the many, many millions who just want to watch their favorite teams without being bombarded by political bombast and grandstanding.

I agree, which is why the National Anthem should not be played at sporting events. (And was Trump’s statement not political bombast and grandstanding?

Players are welcome to have political views and to take part in demonstrations and other activism, but not while wearing their uniforms, and not on the field.

I agree, which is why players should not be forced to take part in a political demonstration during sporting events.

Yesterday, over a hundred NFL players “took a knee” during the National Anthem to protest…something…as the news media cheered them on.

It was very clear to me what they were protesting; you describe it here:

The US doesn’t need any more division now, and Trump’s crude outburst was indefensible. Presidents should not comment negatively on the conduct of citizens when they are acting within their Constitutional rights. Nor should they interfere with the policies and disciplinary decisions of private businesses

That’s what they’re protesting. It’s what I would be doing too. I’ve said before that I think flag burning is idiotic, but if Trump followed through on his threats to make flag burning illegal, I would become a flag burner. There may not have been a specific threat here, but the principle is the same. If Trump calls people who take a knee during the national anthem “sons of bitches,” then let me be a son of a bitch. Continue reading →

The NFL Anthem Protest Ethics Train Wreck, Part One

/ Jack Marshall / 109 Comments

Ah, the post unwritten!  Just three days ago, I was considering a post about the ethics dilemma I face regarding the NFL. On September 21 I read that four  NFL players ( Seattle Seahawks’ Michael Bennett, Philadelphia Eagles’ Malcolm Jenkins, Eagles’ Torrey Smith and former NFL player Anquan Boldin) sent a letter beseeching Commissioner Roger Goodell to make November a month of “social activism,” meaning a month of promoting Black Lives Matters, attacking as police’ and the nation whose public they protect as racist.

“Since 2016, police have shot over 300 men and women in this country. Some of the names and stories are familiar—Jordan Edwards, Trayvon Martin, Alton Sterling, but hundreds of others are not,” the memo says. This is typical of the level of erudition much of the news media, and many voices  on the Left, including President Obama, have been enabling and praising since Colin Kaepernick began his showboating, incoherent  protest against the National Anthem last year. The officer who shot Jordan Edwards was fired and indicted. Trayvon Martin wasn’t shot by police. I can’t imagine how Mike Brown was left off the list, with a reference to “Hands Up! Don’t Shoot!” Probably a typo.

The next day, we learned that Aaron Hernandez, the Patriots star convicted of murder who hanged himself in prison in April, suffered from a severe case of CTE, “the most severe case” ever seen in a former football player so young.” He was 27. Of course, not a lot of 27 year olds are in a position to have their brains dissected. CTE is the progressive brain disease caused by repeated brain trauma, and there is convincing evidence that the NFL is crippling its players.

My post was going to be about the ethics conflict I face, as one who believes that it is unethical to support the NFL’s profitable mayhem and who also believes that sports should not be made a party to the current progressive indoctrination strategy of making everything in American life a political lecture. The NFL would hasten its own demise, the post would argue, by agreeing to the ridiculous social activism proposal, thus saving brains and lives. Yet this would also exacerbate the divisive and obnoxious trend in the culture wars to politicize aspects of society that should unify us.
What’s a responsible ethicist to do? But it was a busy week, and I thought I could get the piece written over the weekend, which would have been timely if President Trump hadn’t jumped into the issue with both feet. The President ad-libbed an attack on the Kaepernickies during a rally in Alabama, saying,

“Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get that son of a bitch off the field right now. Out! He’s fired. He’s fired!’” Trump said. “You know, some owner is going to do that. He’s going to say, ‘That guy that disrespects our flag, he’s fired.’ And that owner, they don’t know it [but] they’ll be the most popular person in this country…But do you know what’s hurting the game more than that? When people like yourselves turn on television and you see those people taking the knee when they’re playing our great national anthem. The only thing you could do better is if you see it, even if it’s one player, leave the stadium. I guarantee things will stop. Things will stop. Just pick up and leave. Pick up and leave. Not the same game anymore, anyway.”

This immediately turned the National Anthem protest stunt launched by the correctly-unemployed former 49ers quarterback into a late-developing ethics train wreck, and rendered my planned ethics quiz moot. So before anything else stupid happens, let me get down what I hope will be some clarifying observations.Observations:

  • This one is simple, and paramount: Nobody pays to go to sporting events to see continuations of the political disputes and debates they watch sports to avoid. Sports is entertainment, and entertainment is escapism. The same goes for music concerts, movies, plays and musicals. A football player making me watch his half-baked “protest” on the field is no more welcome than the cast of a musical making me sit still to hear its partisan ranting after the show.

Sporting events and other popular entertainment are crucial because they unite society, even if its members disagree passionately on other matters. It is dangerous and unhealthy to remove this crucial oasis of relief from debate, especially now. This should be obvious. It isn’t obvious only to full-time activists who don’t care about the purpose of entertainment or the needs of their audiences. Their objective is to achieve a political agenda by any means possible, regardless of the damage to civil society.

  • A term being used a lot lately on conservative websites is “normals,” describing the Americans who don’t regard politics as the sole focus of their waking hours, and who resent, as the Wall Street Journal termed it, The Politicization Of Everything.

It’s a useful distinction, and there is no question that the President, as misguided and inappropriate as his remarks were,  wins the argument with the many, many millions who just want to watch their favorite teams without being bombarded by political bombast and grandstanding.

  • The NFL could have and should have stopped this train wreck before it left the station by simply re-stating the same standards it had consistently maintained for decades. Players are welcome to have political views and to take part in demonstrations and other activism, but not while wearing their uniforms, and not on the field. Almost exactly a year ago, a player was told by the NFL that he could not wear cleats commemorating 9/11.

Why then did pro football allow Colin Kaepernick to make a far more divisive and incoherent political statement on the field later in the year? The answer is cowardice and abandonment of integrity in the face of race-based politics, the same reason the University of Missouri capitulated to racialist demands by its football team. Most of the players in the NFL are black, so the mostly white leaders of the NFL decided to avoid a confrontation. In doing so, it aligned itself with groups and positions that a large segment of the NFL’s fan base abhors, resulting in lost ratings and revenues. This was a breach of business ethics. The NFL’s business is football, not picking sides in the culture wars.

  • Yesterday, over a hundred NFL players “took a knee” during the National Anthem to protest…something…as the news media cheered them on. This was predictable, and the big question is whether the President prompted the reaction intentionally. I am certain he did not; we know by now that Trump  just blurts stuff out without considering consequences of any kind. The US doesn’t need any more division now, and Trump’s crude outburst was indefensible. Presidents should not comment negatively on the conduct of citizens when they are acting within their Constitutional rights. Nor should they interfere with the policies and disciplinary decisions of private businesses, which he did, and which President Obama also did when he endorsed and defended Kaepernick’s stunt last year.

Both were equally inappropriate and unethical, and abuses of power, influence and position. Of course, Obama’s statement was more dignified and articulate than Trump’s—whose wouldn’t be?—and everything Obama did was greeted with swooning and cheers from the media, while anything this President does is presumed to be an abomination.  They were still two sides of the same unethical coin. Continue reading →

Morning Ethics Warm-Up, 9/24/17: Sen. McCain, His Pal, And The Amazing Brain Of Hillary Clinton.

/ Jack Marshall / 37 Comments

Isn’t it a beautiful morning?

1 Another mind-blowing Hillary Clinton note: in an interview on MSNBC, she said that women who supported candidate Trump publicly disrespected themselves, and expressed amazement that any women would be so foolish as to associate themselves, even distantly, with such a sexist.. I’d love to know what internal editing, re-casting of reality, obliteration of integrity and massive lack of self-awareness goes on in Hillary’s head to allow her, of all women, to say things like this, and even more remarkable, assume that nobody—rather than virtually everybody— would find it laughable.

I’m not even going to elaborate on why Hillary Clinton saying women disrespect themselves by supporting a sexist and misogynist is astounding, even for her. I respect my readers’ intelligence. I bet you can figure it out on your own.

2. Senator John McCain is suddenly a hero, twice, for again announcing that he will not support another apparently lousy, GOP bill to repeal and replace Obamacare.  While I have my doubts about the nobility of the Senator’s motives—I think his bitterness at Trump goes deep, and that bias affects his professional actions—but it is worth reading McCain’s arguments for why he will not support the bill, which are solid and ethical, and hardly an endorsement of the ACA: Continue reading →

Comment Of The Day: “From The ‘Stop Making Me Defend Lawrence O’Donnell!’ Files: The Golden Rule”

/ Jack Marshall / 12 Comments

A commenter on the post on the studio tantrum thrown by MSNBC host Lawrence O’Donnell going viral on YouTube after it was leaked said that such a leak was “predictable.” I asked,

“Why should it be “predictable”? Why shouldn’t we be able to trust co-workers not to try to hurt us, e-mail correspondents not to send out our messages to strangers and on social media? Was it predictable that Donald Sterling’s mistress/beard would tape his comments in his bedroom to destroy his reputation?”

This prompted Crella’s  Comment of the Day on the post, From The “Stop Making Me Defend Lawrence O’Donnell!” Files: The Golden Rule:

Exactly. It shouldn’t be predictable. However, it seems that for a lot of people, their first instinct with anything they come across is to put it on the net, no matter the consequences. It’s so easy ( and I assume, extremely satisfying to bully types) to shame and humiliate on a scale previously unknown in human history. It’s irresistible to too many.

The ability to find thousands of like-minded people in a relatively short period of time on social media, and the sheer volume of encouraging positive feedback you can receive ( ‘if so many people agree with me, I must be right!’) has brought grade-school level cliques and meanness to the fore in a great deal of adult communication. It’s the same mechanism on a large scale. People rarely step back and see themselves, but I read and just wonder at it daily…the people most stridently against fat shaming, objectification, being leered at, and other ‘lookist’ offenses on social media are routinely ridiculing Trump on his hair, weight, skin color, and posture while playing golf, comments on appearance are very common. Continue reading →

Given The Opportunity And The Power, Blacks Will Discriminate Against Whites, Women Will Discriminate Against Men, Gays Will Discriminate Against Straights, And Liberals Will Discriminate Against Conservatives, Because That’s What Human Beings Tend To Do. Now What? I Recommend “In The Heat OF The Night”….

/ Jack Marshall / 19 Comments

I’ve been meaning to write about this for a long time, at least since February, when professional women’s basketball star Candace Wiggins, who retired from the WNBA last year after eight seasons in the league, told  reporters that she was bullied and harassed during her career because she was not gay.

“Me being heterosexual and straight and being vocal in my identity as a straight woman was huge,” Wiggins said. “I would say 98 percent of the women in the WNBA are gay women. It was a conformist type of place. There was a whole different set of rules they [the other players] could apply.” She says it drove her out of the league and the game. The WNBA denied her allegations, and the story wasn’t around very long.  Gays don’t bully, they ARE bullied! Then, this week, ThinkProgress reported that a former University of Southern California point guard, Camille LeNoir, alleged she was denied an assistant coaching job in the New Mexico State University athletic department because she had the “wrong” sexual orientation.  She claims that she had a firm job offer when the school thought she was a lesbian, but when she announced that she no longer regarded herself as gay, the offer was rescinded. This week, a federal judge in California decided to allow her discrimination case to advance.

I don’t know whether the perceptions of either Wiggins or LeNoir are accurate, but I don’t doubt that the kind of bullying and prejudice they describe goes on. There have been similar accounts in other women’s sports, like tennis and golf. Yes, it appears that unlike the male side (with the exception of men’s figure skating), gay women dominate many if not all women’s sports. I will eschew writing something arch like, “Who would have suspected?” in favor of the more direct, “This should come as no surprise, but saying so will offend feminists, female athletes and lesbians anyway.”

One would think that when a historically oppressed and discriminated-against group gains power or perceives that it has power, it would behave toward others as it wishes it had been treated during all those years of being marginalized. Alas, the opposite is usually the case, and most of the time. In one of my worlds, professional theater, gay men dominate, and there are theaters that have the reputation of actively discriminating against straight actors. Hollywood, of course has become a workplace where being revealed as a conservative is to face virtual blacklisting. Give a minority power, and as often as not, what emerges are bullies and bigots. Continue reading →

Reminder: Hateful Racist Mass Murderers Have The Same Rights You Do

/ Jack Marshall / 28 Comments

Dylann Roof, the white supremacist sentenced to death after killing nine black church members as an attempt to start a race war, asked a court to replace his appointed appellate lawyers because they “are my political and biological enemies.” The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals denied his request.

Roof’s pro se motion stated that his lawyers, Alexandra Yates and Sapna Mirchandani, “are Jewish and Indian, respectively. It is therefore quite literally impossible that they and I could have the same interests relating to my case.”  Roof had difficulties on the same basis with his court-appointed lawyer, David Bruck, during his trial. The murderer wrote  in his motion that Bruck is Jewish and “his ethnicity was a constant source of conflict even with my constant efforts to look past it.”

I have been shocked at the reaction of the legal profession, the news media and the public to the 4th Circuit’s ruling. It really does appear that all the education in the world, ethics rules, principles and the Constitution will still be steamrolled by hate and emotion, even when crucial, indeed existential values for our society are at stake. My trust and respect for all professions—all of them—have been grievously reduced by their conduct and ethics blindness over that past several months. No wonder the First Amendment is under attack. No wonder our institutions are being weakened to the point of collapse.

The public literally  not understand the principle I am going to explain now. Apparently naively, I thought lawyers, judges and law professors did. In the interest of clarity, I am going to do this in short, straightforward segments.

I. The Court’s ruling is not just wrong, but frighteningly wrong.

Roof, like all citizens accused of a crime, has a right to a competent, zealous legal defense. A  competent, zealous legal defense requires that the defendant be able to participate fully in that defense. If a defendant does not or cannot trust his lawyers, he cannot be assured of a competent, zealous legal defense.

II. A client has to trust his lawyer.

It doesn’t matter why a client doesn’t trust his lawyer, and the lawyer need not agree that the lack of trust is warranted. The question is whether a lawyer who is not trusted by his client can do an adequate job representing him. The answer is no. The Sixth Amendment, which guarantees a fair trial and legal representation in criminal cases, is not there for the lawyers, or courts, or government. It exits to protect the accused—all accused.

In a famous medical ethics case, an elderly Korean man in a hospital wanted his doctors, specialists in his malady, replaced because they were Japanese-Americans, and as a survivor of the horrors Japan inflicted on Korea, he was convinced that they would kill him. The hospital ethics committee held that he was an irrational bigot, and that he either had to accept the qualified physicians despite their race, or get out. The AMA disagreed. It said that the patient’s welfare is paramount in medical ethics, and a patient who does not trust his doctors—the reason doesn’t matter—will have his welfare and health endangered as a result.

The same principle should apply to Roof. A client who does not trust his lawyer will not, for example, be candid with him, or trust him to keep confidences.

Under the circumstances Roof described, the lawyers have an ethical obligation to withdraw. Two rules are involved:

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing. Continue reading →

From The “Stop Making Me Defend Sean Spicer!” Files: No, There Was Nothing Wrong With The Former Trump Press Secretary Making A Gag Appearance On The Emmy Broadcast

/ Jack Marshall / 7 Comments

Increasingly, the sheer unreasoning anti-Trump hate members of the media allow to scramble their judgment, common sense and brains is spewing out like Linda Blair’s vomited pea soup, leaving no question for anyone with a soupçon of honesty and fairness that these people cannot and should not be trusted.

The entire 2017 Emmy Awards Show was seasoned with relentless Trump Hate, but there was a moment that could have played in a less poisonous atmosphere as a rare uniting moment.

Ex-Trump press mouthpiece Sean Spicer  made a cameo appearance on the show, taking the podium and saying  that “this will be the largest audience to witness the Emmys, period — both in person and around the world.” He was obviously satirizing his ex-boss’s ridiculous but typical insistence that his inaugural crowd was larger than it obviously was, and his dutiful endorsing of that view, rather than saying what the news media wanted him to say, “What can I do? The President is an idiot.” The real Sean Spicer was also relevant to the broadcast because actress Melisssa McCarthy’s deft imitation of Spicer for the now all Trump hate all the time Saturday Night live helped nab it an Emmy nomination.

Spicer was a lousy, untrustworthy, bumbling and embarrassing press secretary. This, however, was someone making fun of himself on national television. In a less poisonous environment, citizens who believe an elected President deserve a minimal amount of respect—you know, good citizens—would have laughed at Spicer’s gag, and so would those who want to see an elected President removed before an election, because he’s not who they voted for—Democrats, in other words, or progressives, or totalitarians, or journalists…in this matter they are all the same. Laughter unites us.

But no. Here is former White House reporter for the Washington Post, Chris Cillizza, who moved over to a news organization that is really dedicated to getting Trump, on Spicer’s appearance. Since it is such an unethical outbreak of deranged bias, I’ll stop periodically and flag the worst parts.

Not only was the Spicer bit not funny, it shouldn’t have happened at all… Continue reading →

Morning Ethics Warm-Up, 9/17/17: My Ethics Gig For The Boy Scouts, Dallas Heads Down The Slippery Slope (I Told You So!), More Sign Language Follies And Misbehaving Marshalls

/ Jack Marshall / 46 Comments

GOOD Morning!

1 In an earlier Warm-Up, I criticized the needlessly distracting signers for the deaf who stood by gesticulating and mugging as various officials communicated safety measures for the public as hurricanes approached. Belatedly I ran across a YouTube entry from 2012, in which the poster happily commented that “Interpreter Lydia Callis steals the show during Hurricane Sandy press conference.” Interpreters are not there to “steal the show,” and the fact that so many of them think they should compete with the main speakers for audience attention proves my point.

They should stand off-camera, and in the venue, away from the podium.

Then there’s this guy:

From the Times:

As Hurricane Irma charged toward Florida, officials in a county on the state’s west coast held a news conference to inform residents of mandatory evacuation orders for those most at risk. “We just need you to be safe,” Robin DiSabatino of the Board of County Commissioners in Manatee County said at the Sept. 8 briefing. She urged those in low-lying areas and flood zones to seek higher ground and consider staying at shelters.

But for residents who were deaf or hard of hearing, the message was quite different: “Pizza,” the interpreter appeared to sign. Then, “Bear monster.”…

“It was atrocious,” said Howard A. Rosenblum, the chief executive of the National Association of the Deaf. Mr. Rosenblum, who is deaf, said through an interpreter in a phone interview that the association considered what happened a violation of the Americans With Disabilities Act. “We believe that Manatee County failed to provide information to the deaf and hard-of-hearing community to the same extent that it provided to all others,” he said….

The interpreter, identified by the county as Marshall Greene, could not be reached for comment.

Nicholas Azzara, a spokesman for the county, said in an email that Mr. Greene, who is a lifeguard for a county-run beach, has a brother who is deaf. Mr. Greene was asked to sign because there was little time to find an interpreter before the news conference.

It’s not unusual for family members of the deaf to have only a rudimentary understanding of American Sign Language, said Beth Barnes, a certified sign language interpreter who has several deaf family members, including her parents.

No, but it is unusual for a signer who agrees to translate crucial information for deaf viewers to not know what the hell he is doing. Greene defenders, quoted this morning on HLN, said that he was just trying to help out, and host Robin Meade, not having one of her smart days, muttered that the “poor guy” wasn’t doing a bad job “intentionally.”

Oh! That’s all right, then!

The ethical values being breached are trustworthiness, responsibility and competence. Greene is the passenger who volunteers to fly the airliner with a stricken crew and flies the plane into the ground nose first. Good intentions don’t matter. He volunteered for a job he was incapable of performing competently.

2. I don’t spend a lot of time saying I told you so, but it would be gratifying to receive some “I shouldn’t have doubted you” notes from all those readers who mocked me for suggesting last year that the slippery slope created and smoothed by the historical cultural airbrushing mobs on the Left would eventually lead to Founders like Washington, Jefferson and Madison.

Here is a Facebook post  from Dallas School District member Dustin Marshall, no relation to Marshall Greene (I will be applying to change my last name accordingly, probably to “Lee”…) Continue reading →