The Kinky Law Professor Principle: “It’s No Shame To Be Kinky, But It Still Might Be Newsworthy”

We haven’t had a “Naked Teacher Principle” story to mull over for a while, and this isn’t one. It raises some parallel issues, though.

I saw the story about the Drexel Law professor who who accidentally sent her students a link to a pornographic video about anal beads. I didn’t find it worthy of a post, though I thought it was funny. It is funny. But we had covered a similar issue here, in the ethics quiz about the hapless teaching assistant at the University of Iowa who somehow managed to send her class not merely sexually provocative photos of herself, not merely nude photos of herself, but something much more kinky. Attached to a message that read “Hi Class, I attach the solutions for number 76 and 78 in this email” were a series of images showing the young woman sans clothes and sans inhibitions having a lively cyber-sexting chat with a partner in which the two were pleasuring themselves in front of video equipment while streaming to each other.

That was funnier. She was “reassigned”—a not unreasonable result of presumed reduced respect from the class.  The Naked Teacher Principle doesn’t strictly apply when the students are adults, and Lisa McElroy, the professor at Drexel University’s Thomas R. Kline School of Law who is apparently an anal bead fan–the video she sent by accident was called called “She Loves Her Anal Beads”—wasn’t naked. There is no “Kinky Law Professor Principle.”

However, Prof. McElroy was mightily offended that her cyber-goof was picked up by the professional publications and websites, and that she was embarrassed as a result. She even posted a Streisand Principle-defying op-ed in the Washington Post, blaming everybody—students, bloggers, and Drexel, which briefly suspended the professor pending an investigation on the basis of possible sexual harassment—but herself. She argued that she should not have been publicly shamed, because, she wrote,

“…there was nothing newsworthy about it. What happened was, in the grand scheme, pretty trivial. My students are adults. The link was quickly removed. There was nothing illegal in the video. The post occurred in the same two-month period when the movie “Fifty Shades of Grey” grossed almost $570 million worldwide. Yet, because it was porn and I’m a law professor, news organizations spread the story around the world.”

Yup. Because it was funny. I understand that the Professor doesn’t see the humor of a law professor—especially her—inadvertently sending her private porn film about anal beads, which themselves are kind of amusing, to a staid law school class. It’s still funny. Trivial? Of course. But trivial can still be funny. Would it be kind for all of us to scrupulously refuse to communicate the hilarious tales of when we do dumb things or embarrass ourselves? Yes. But society as a whole benefits from being reminded that we are all equally fallible human beings—especially the elite and privileged. A lot of people think laughing at slapstick is cruel too.

I pity them. Continue reading →

The End Of Manners: The President of The United States Declares That It’s Cute To Say “Fuck It” In Code

But he didn't exactly say it, see, so it's Presidential.  Me, I prefer...“So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself – nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. In every dark hour of our national life a leadership of frankness and vigor has met with that understanding and support of the people themselves which is essential to victory. ” – Franklin D. Roosevelt.  Or..."Associate yourself with men of good quality if you esteem your own reputation; for 'tis better to be alone than in bad company."  – George Washington.  Or..."Always bear in mind that your own resolution to succeed is more important than any other one thing." ---Abraham Lincoln. But I'm not cool, I guess...

But he didn’t exactly say it, see, so it’s Presidential.
Me, I prefer…“So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself – nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. In every dark hour of our national life a leadership of frankness and vigor has met with that understanding and support of the people themselves which is essential to victory. ” – Franklin D. Roosevelt.
Or…”Associate yourself with men of good quality if you esteem your own reputation; for ’tis better to be alone than in bad company.”
– George Washington.
Or…”Always bear in mind that your own resolution to succeed is more important than any other one thing.”
–Abraham Lincoln.
But I’m not cool, I guess…

Well, I guess there’s not much point in me trying to blow the ethics whistle on lazy ad-writers substituting vulgarity for wit in prime time TV commercials if our nation’s leader and cultural role model is going to do the same thing. The lack of common sense and responsibility, not to mention sensitivity to his obligations as Chief Executive to raise societal standards rather than debase them, has been stunning from the beginning of Obama’s Presidency, but its depth and persistence continues to amaze, depress and disgust.

Saying he maintains “something that rhymes with ‘bucket list’,” a borderline tasteless and undignified joke, Obama went further. “Executive action on immigration? Bucket,” Obama said to laughs. “New climate regulations? Bucket. It’s the right thing to do.

“The right thing to do” would be not to debase the Presidency by sniggering vulgarity in public (this was broadcast live), and to empower teens to say “Buck off!” to their parents and teachers while citing the President of the United States as authority for why it’s harmless, since he used the same code to say “fuck” in front of a black tie Washington audience.

Sure, why not? Buck dignity, buck honor, buck civility, buck the Presidency, buck Lincoln, Washington,  and the rest. That’s Barack Obama, our President of the United States! Hail to the Chief.

I think you know how I’d love to end this post. But despite everything, I still have respect for his office.

Even if he does not.

Legal But Not Ethical: Sex With A Demented Spouse

Rayhons

In Iowa, a jury has found longtime Iowa state lawmaker Henry Rayhons not guilty of sexually abusing his wife by having sex with her at a nursing home. A doctor had told Rayhons that she had advanced Alzheimer’s disease. and was  no longer mentally capable of consenting to sex.

At the trial, Assistant Attorney General Tyler Buller told jurors  that Donna Rayhons’ Alzheimer’s disease had worsened in the months before last May’s alleged incident of unconsented sexual intercourse by her husband. She had washed her hands in dirty toilet water, Buller said, forgotten how to eat a hamburger and thought her first husband was still alive. Dr. John Brady later testified that Donna Rayhons had severe dementia, and thus any positive reaction to her husband’s physical advances could be termed a “primal response” at best. Brady testified that Donna Rayhons’ cognitive capacity had declined dramatically in the months leading up to the alleged offense. He explained that she had been diagnosed with Alzheimer’s based on several tests, including  a standard cognitive procedure in which patients are asked simple questions. By  May, Brady said, Donna Rayhons scored a zero on that test, and any score below eight indicates severe impairment, he said.

On his blog, the Volokh Conspiracy, Prof. Eugene Volokh makes a valiant effort to justify, excuse, or perhaps be compassionate regarding a man having sex with his wife after she has forgotten who he is or even what sex is. He argues, Continue reading →

First Lady Ethics: Sorry, Michelle Obama Fans, But This Is Way Over The Line

I was silent the first time this happened, because I was trying to provide the benefit of the doubt with an assumption that the First Lady would realize why it was inappropriate. I was wrong.

I can predict the “Get off my lawn!” retorts, the “Things have changed!” excuses and the “Lighten up!” deflections already, but this has to be said. The leadership of the free world and the office of the Presidency of the United States demands the assumption and maintenance of a basic measure of dignity, decorum, prudence and restraint. I realize the erosion of these qualities, not just in the White House but in society generally, is ongoing and that this will trigger the usual rationalizations.

Nevertheless, the First Lady represents her husband and his office. She is not a clown, an entertainer, a red carpet celebrity or a comedian’s sidekick, and every time she acts like any of these, no matter how pleasantly or charmingly she does so, it diminishes the prestige of the office and the nation. I don’t want to hear about how a majority of a public that wears tank tops on airplanes and flip-flops to the theater think it’s just wonderful for the First Lady to cavort with Jimmy Fallon in a manner indistinguishable from what we would expect from the latest flavor-of-the-month pop-tart.  Part of her job is modelling conduct for the clueless and unmannerly, and not sinking to their warped conduct of dignified professional conduct.

I am well-aware that this ethics verdict will be mocked. Never mind. I’m right.

Back to rationalizations: I’m expecting at least 17 of them from the Ethics Alarms list. None justify Michelle’s televised antics: Continue reading →

Life Imitates Saul

Lawyer Billboard

 The billboard ad of North Carolina lawyer Larry Archie has drawn a lot of attention in the state and on legal ethics forums.

Some observations:

1. I was a little late seeing “Breaking Bad” ( I tend to avoid show with drug dealers as heroes) so I didn’t see the obvious connection between the popular AMC show’s cynical, unethical and effective slime-ball lawyer Saul Goodman, played by Bob Odenkirk, and last year’s jaw-dropping—but funny!—video ad for the services of Pittsburgh criminal lawyer Daniel Muessig.

2. This is why we ignore popular culture at our peril….and I think the legal profession needs to stop laughing and start worrying. People really do think Saul who is a criminal lawyer, is typical, and bar associations are doing very little to dissuade them. This is irresponsible, dangerous, and stupid. The profession has a duty to educate the public about how lawyers are supposed to act and why, and if it whiffs on that obligation (as it has for about the last hundred years) public respect for the justice system will continue to drop. Continue reading →

Ethics Dunce: Sarah Palin

FU MMoore

Civility, decorum, dignity, role model obligations, leadership, high standards…never mind all that elite stuff.  Just keep catering to the boors, the  clods, and the vulgar jerks. I’ll admit, there are a lot of them

Stay classy, Sarah.

The Personal Injury Lawyer’s Sex Doll Ad: Stupid! Funny! But Unethical?

Nah.

Here it is:

There is a dubious principle of advertising holding that as long as the name and the service come through memorably, an ad is a success. This video challenges that assumption. It tells me that the lawyer who let someone talk him into doing an apparently improvised ad with a smut-mouthed rubber sex doll is an idiot, and it is very risky to take legal advice from idiots. Nonetheless, there is nothing unethical about the ad. Does it hold the profession up to public ridicule? No, it holds this lawyer up to public ridicule.

Once upon a time, lawyer advertising was held to be unethical by all state bars, until courts found the restrictions to violate the First Amendment. This kind of ad was what the profession was worried about. A few states, notably Florida (the last I checked), still apply more stringent standards to lawyer advertising than currently apply to used cars and cheesemakers, but as long as an ad lawyer doesn’t make affirmative misrepresentations, it won’t be found to be in violation of the legal ethics rules.

Besides, ads like this one are extremely informative. They tell a potential client everything they need to know about the judgment, reputation and trustworthiness of the lawyer who stars in it. What could be more ethical than that?

_______________________

Pointer: Res Ipsa Loquitur

Ethics Dunces: Voters in Virginia’s 74th District

Virginia’s 74th District, made up of Charles City County and parts of Henrico and Prince George Counties and the cities of Hopewell and Richmond, used a special election this week to return to the state House of Delegates the illustrious Joseph D. Morrissey, who ran as an independent because his previous party, the Democrats, wanted no part of him. Morrissey ran from his jail cell thanks to his conviction (he pleaded guilty, but maintained his innocence) following a sex scandal involving his 17-year-old secretary, whose nude photo was found on his cellphone and was  shared with a friend. Morrissey professed his innocence, and claimed that his phone was hacked. Yet Morrissey’s friend was prepared to testify that  he had received a text from Morrissey saying, “Hey, buddy I just fucked her on my conference table and again on the floor for good measure!” The young woman denies they had sex, but she texted her friend saying, “OMG so much I have to tell you but the most important thing is!!! I just fucked my boss tonight in our office on the desk and on the floor.”  Coincidentally, she is now pregnant. It’s a miracle!!!

Of course, any decent public servant who embarrassed his district, state, party and the democratic system by ending up in jail for breaking laws when he was elected to make them would have resigned—but then, a decent, ethical public servant wouldn’t be in such a fix. He certainly found the right place to run: in  four previous elections, Morrisey’s history of fistfights, contempt-of-court citations and disbarment didn’t dim his appeal, nor did the fact that the 57-year-old bachelor has sired three children out of wedlock with three different women. Before his latest victory, Morrissey always won at least 70 percent of the vote as a Democrat.

Morrissey told reporters that his constituents aren’t interested in all of that trivial stuff, just what he does in the General Assembly. He is apparently correct. His constituents also seem to believe that an individual lacking character, respect for the law and the requisite trustworthiness to be a lawyer is an appropriate individual to entrust with running their state. They are morons, exactly the kind of people that have led despots and tyrants throughout history to insist that the common folk lack the intellect and ability to govern themselves.

Based on the acumen and respect for the law demonstrated by the voters of 74th District, those tyrants had a point.

Incompetent Elected Official Of The Month: Rep. Michael Grimm (R-NY)

jailedI have to get the ridiculous Congressman Grimm on the record so he’s eligible for the “Worst of Ethics 2014”  awards coming up in just a week or so.

You’ll remember the charming Rep. Grimm from this post, when he threatened to kill a reporter for asking him a question.

Now, after winning re-election in November (Staten Island and South Brooklyn, hang your head) despite being indicted on 20 criminal counts mail fraud and perjury, he has pleaded guilty to felony tax evasion and will be sentenced in June. He could spend from 24 to 30 months in prison.

So far, Grimm has indicated that he will not resign, which is where the “incompetent” comes in: he’s nuts. The nation can’t have convicted felons making its laws, or even sitting in the halls of Congress. House Minority Leader Nancy Pelosi called for Grimm to be thrown out; for once she’s right. It is likely that republican leadership will move against him quickly if he continues to be stubborn.

The House’s code of conduct could force him to abstain from congressional activities. There is a House rule that states that a member who has been convicted of a crime “for which a sentence of two or more years’ imprisonment may be imposed should refrain from participation” in committees and from “voting on any question at a meeting of the House,” until the member is “reelected to the House after the date of such conviction.”

The man has embarrassed himself, his office, his district, his constituency, anyone who voted for him, his party, his state and his nation and its system of government. Of course he has to resign.

I must say, though, if Grimm believes the same bozos who elected him in November won’t abandon him just because he’s wearing an orange jumpsuit while running, you can hardly blame him.

UPDATE: Grimm will resign.

______________

Sources: NPR, Washington Post

Two Embarrassed Legislators, Sex, And The Resignation Line

Question: When does a sexually-charged incident obligate an elected legislator to resign?

Answer: When one or more of the following is true:

  • When the legislator has been found guilty of a sex-related offense in a court of law ( or guilty of any crime, since law-makers must no be law-breakers.)
  • When the incident indicates a bigoted and disrespectful attitude toward women.
  • When the incident makes the legislator’s necessary status as a role model to children and others impossible to sustain,
  • When the incident embarrasses the legislative body and calls its competence, integrity and trustworthiness into disrepute.
  • When the incident calls into question the legislator’s judgment and trustworthiness.

With these standards in mind, let us examine the recent plights of two legislators, one Republican, and one Democrat. First, the Republican:

Rep. Blake Farenthold (R-Tex.)

Blake

Continue reading →