A Brief Follow-Up Note On Pop Culture, “The Walking Dead,” Civility, And Related Matters…

October 24, 2016October 24, 2016 / Jack Marshall / 50 Comments

Stay classy, AMC…Chris Hardwick…America…

Last night, at exactly 11:02 PM EST AMC’s “Talking Dead” host Chris Hardwick had his live audience scream out in unison “Suck my nuts!,” a quote from the just completed premier episode of the seventh season of “The Walking Dead, apparently the most popular TV show right now. This occurred slightly after an animated discussion about an actor having to cope with a tick on his penis, or a “dick tick” according to Hardwick (to BIG laughs).

Boy, that Donald Trump sure is vulgar when he doesn’t know he’s being recorded…

I am reasonably confident that this cheery gutter level discourse would have been deemed unacceptable as recently as last year. This is how fast basic levels of decency, restraint and civility are declining, although I give AMC credit for not having another “Flip another man’s meat”commercial during the breaks: maybe that’s just for baseball games.

I eagerly anticipate the explanations of why this nosedive in public decorum is unrelated to having a Presidential candidate talk at length about his penis size (I didn’t intend to have it come out that way, but hell, I’ll leave it; it’s 2016, man!) during Republican debates (you know, the conservative, family values party).

Heck, why not? Here’s that link again.

You see?

Just the campaign was enough…

Trending On Ethics Alarms…

October 21, 2016October 21, 2016 / Jack Marshall / 1 Comment

….this post, from July, now the all-time most viewed and shared Ethics Alarms post ever, and this post, from May.

Gee, I wonder why?

I only wish this post, from last September, was as well distributed, but I’m going to keep linking to it until it is, or until it’s moot.

Don’t Feel Too Bad, Americans: Ethics Alarms Aren’t Ringing In Canada, North Korea Or Japan, Either

October 21, 2016October 21, 2016 / Jack Marshall / 9 Comments

It’s an International Ethics Dunce parade!

1. Ontario, Canada

The Windsor-Essex County Humane Society in Ontario thought it would be really clever to use the Donald Trump phrase that many believe disqualify him to be President in an ad to adopt kitty-cats. It featured a photo of Trump and said, “You don’t have to be a star to grab a pussy … cat.”

Amazing. Not one person in the chain of custody of this—I would say obviously, but when so many people miss it, I guess it’s not—offensive ad had an ethics alarm sound. Nobody had the sense, prudence or guts to say,

“Uh, guys? Hello? You do realize that this is using a phrase describing sexual assault while alluding to the one who used it to describe sexual assault? You do realize that “pussy” alluding to female genitalia is vulgar and uncivil, right? No? Here, let me explain it to you…or hwo about this: there is no way this won’t spark criticism. Is that what you want?”

Sure enough, the ad promoting cat adoptions this week for $50, was taken down shortly after it appeared this week.

The society offered a pathetic apology. Melanie Coulter, executive director of the humane society, “explained” it was an attempt to make light of the U.S election campaign, though it also “made light” of sexual assault, contemptuous attitudes toward women, and obscene rhetoric.

“We are obviously sorry if people are offended by the ad — that wasn’t our attempt in the least,” Coulter said. “Our attempt was to find homes for cats that need them.” She also added that the shelter took in more than a hundred cats in the last week.

For the record, the rationalizations here are…

3. Consequentialism, or “It Worked Out for the Best”

13. The Saint’s Excuse: “It’s for a good cause”

19A The Insidious Confession, or “It wasn’t the best choice.”

It also suggests that I need to add “We meant well” to the list as a sub-rationalization to #13.

****

2. Kuroishi, Japan

Continue reading →

KABOOM! Just…KABOOM!

October 12, 2016October 12, 2016 / Jack Marshall / 42 Comments

Now I think understand why Ann Althouse, an intelligent, rational lawyer and law professor, has begun holding a “Most Loved Rat” contest on her blog to see which of her rat doodles are most popular. I’m less creative, I guess (though I also draw good rat cartoons!)—my head just explodes. It exploded last night.

It’s hard to explain exactly what did it. Here I was, watching a series of baseball play-off games (since the Red Sox had been eliminated by the Cleveland Indians the day before), and Neil Patrick Harris appeared yet again to tell me that “Heineken Light makes it OK to flip another man’s meat.” (I wrote about the gratuitous vulgarity of this ad here. Apparently this makes me a homophobe.)

Wait…isn’t flipping another man’s meat sexual assault? What is the difference, in lack of respect and sexual assault ethics, between grabbing a woman by the pussy, as Donald Trump so eloquently put it, because you’re a rich celebrity, and flipping another man’s meat because…of beer?
Continue reading →

Now THIS Is “Conduct Prejudicial To The Administration of Justice”!

October 11, 2016October 11, 2016 / Jack Marshall / 1 Comment

The late Joe Jamail, role model…

Almost all jurisdictions include in their lawyer ethics rule a catch-all provision, Rule 8.4 (d), that says that is is professional misconduct for a member of the bar to

(d) Engage in conduct that is prejudicial to the administration of justice;

Virginia is one state that omits this prohibition as too vague; D.C.’s version says that a lawyer must not engage in conduct that is seriously prejudicial, whatever that means. My position is that such a rule is necessary, since no set of rules can cover every situation, and lawyers, I have found, are especially creative in finding new ways to be unethical.

Texas Super Lawyer Joe Jamail (who died last December) established the proposition that a lawyer could prejudice the administration of justice by his spectacular incivility in this deposition:

The Delaware Supreme Court condemned Jamail’s conduct as “rude, uncivil and vulgar,” saying that it abused the privilege of appearing in a Delaware proceeding,” and showed “an astonishing lack of professionalism and civility.” (The immortal quote from the video is Jamail telling his adversary counsel that he “could gag a maggot off a meatwagon.” The deposition deteriorated into a Trumpian insult-fest, with Jamail calling the other lawyer “Fat boy” and being called “Mr, Hairpiece” in return.) The court went on to call Jamail’s unprofessional behavior “a lesson for the future—a lesson of conduct not to be tolerated or repeated.”

Following the judicial reprimand, Jamail said, “I’d rather have a nose on my ass than go to Delaware for any reason.”

But even Joe never did this. Continue reading →

Unethical Tweet Of The Month: The Despicable Howard Dean

September 27, 2016September 27, 2016 / Jack Marshall / 16 Comments

What can you say about this kind of slimy, unethical innuendo from a former Democratic Party chair? How hateful and uncivil the brand of politics and partisan nastiness that it symbolizes and advances? That it represents gutter political smearing at its worst and most unforgivable? That a party with any dignity and sense of decency would demand an apology and a retraction or cut ties with such a shameless creep? That someone who would do this has never heard of the Golden Rule, much less follows it?

The only remaining question is whether this ugly tweet allows Dean to surpass or merely Harry Reid as the most loathsome individual on the political scene, edging past the disgraced Debbie Wasserman Schultz.

I’m trying to think of a similarly ethically irredeemable Republican. Chris Christie hasn’t sunk to this level; Newt Gingrich is close, but he wouldn’t do this. Ironically, the only one I can think of is…Donald Trump.

“Flipping A Man’s Meat” Ethics

September 15, 2016 / Jack Marshall / 31 Comments

Is this what the culture has accomplished with its hard won respect for and acceptance of gay Americans? Really?

Neil Patrick Harris has done a series of quirky, benign spots for Heineken Light, perhaps to lure us into a false sense of ease. For in his most recent commercial, Harris notes, as he stands next to a man grilling barbecue, that Heineken Light makes it OK “to flip another man’s meat.”

This is another in a long and growing list of TV ads based entirely on the assumption that adults think it’s hilarious to suggest obscene or vulgar innuendos. I’ve written about this phenomenon before, which is merely the normalization of crudeness in our discourse, nothing more, but nothing less either. So now we have gay sexual innuendo by an openly gay actor to advertise beer. Isn’t that great? Boy, Heineken must be so proud.

The grill guy replies to the puckish—or flirtations?—former-Doogie that no man can do that, but late, Harris asks him: “Can I flip your meat?”

Wow, that’s just hilarious! Why is it hilarious? Because it’s naughty? Because it’s daring? It’s certainly not clever, and if virtually defines the word “gratuitous.” It it a challenge to viewers, daring them to question the taste of joking about “flipping a man’s meat” when they routinely accept gross commercials with vulgar and gratuitous—you know, like this —heterosexual double entendres? Is the assumption that gays will giggle, guffaw and slap each other on the back when they see this! “Good own, Neil!” Really? How insulting.

I can’t wait for the masturbation double-entendres in credit card and bank commercials. Continue reading →

Ethics Observations On The Naked Trump Statues

August 20, 2016August 20, 2016 / Jack Marshall / 22 Comments

Last week, five identical statues of a grossly caricatured nude Donald Trump appeared overnight on street corners in San Francisco, Los Angeles, Cleveland, Seattle, and New York City. The Washington Post reported that the anarchist collective INDECLINE made and placed the statues. It called the project “The Emperor Has No Balls.” Indeed, the otherwise anatomically correct statues showed the Trump effigy missing those particular features, though not bright yellow pubic hair. If you really want to see these assaults on your consciousness and sanity, go here.

I advise against it.

Ethics Observations: Continue reading →

Pay Heed Or Else: The Ethics Fiasco That Was The GOP-Trump Convention’s First Day

July 19, 2016July 19, 2016 / Jack Marshall / 17 Comments

Just think: this was what having Donald Trump at the center and calling the shots did to a convention and a political party in a single day.

Imagine what can happen to the country in four years..

Here are examples of what Trump’s leadership, values and “best people” bring, as illustrated by Day #1 at the 2106 Republican National Convention:

Before the evening program commenced, a rebellion of anti-Trump delegates (they wanted to pass a rule unbinding the delegates so they could, you know, vote to nominate someone qualified, at least comparatively) was suppressed with y strong-arm tactics by the Trump-controlled leadership, which blocked an attempt to require a roll call. At one point the podium was abandoned to stallthe uprising, leaving the session without a moderator. Conservative pundit and Weekly Standard publisher Bill Kristol said the proceedings resembled the strong-arm tactics of Russian President Vladimir Putin. The clash resulted in the entire delegations from Utah and Colorado walking out, and reportedly they are both gone for good. The episode might not have descended into totalitarian territory had not Speaker Paul Ryan, who normally would have had the gavel, chosen to organize his sock drawer rather than attend the convention and fight for the integrity and honor of the party he is supposed to lead.

Brave, Mr. Speaker.

In the aftermath of this mess, Gary Emineth, a top GOP fundraiser who had joined the Trump campaign resigned in protest, texting his resignation to RNC chair Reince Priebus. “I was on the Trump finance committee and I just resigned because that bully tactic is absurd,” Emineth told reporters. “Why can’t the people be heard? …You don’t do this in America. You do this in other countries.”

It was discovered that washed-up and aging former teen heart-throb Scott Baio (“Happy Days,” “Charles in Charge,” and my personal favorite, the desperate, pathetic, self-flagellating reality show, ” Scott Baio Is 45…and Single” ) who inexplicably was one of the speakers last night (David Cassidy was apparently unavailable), had posted this on twitter:

Stay classy, Chachi! (See: “A Nation of Assholes,” 9/10/15)

A nation that regards the political views of Scott Baio as worthy of a national forum is too crude and trivial to survive, I fear. Continue reading →

The Unethical Courtroom Exchange Of The Century!

June 30, 2016June 30, 2016 / Jack Marshall / 49 Comments

This would have been rejected by “Boston Legal” as too ridiculous.

In a Rome, Georgia court room, as others looked on, Floyd County Superior Court Judge Bryant Durham allowed himself to be provoked by a defiant murder suspect named Denver Allen.

What resulted was a rare (thank goodness) example of a judge lowering himself, his position, the court and the justice system to the level of those with no respect for the law or society. Here is a portion of the transcript: