Legal ethics — an oxymoron?

ethics.gifThe discussion began last week when the New York Times ethicist, Randy Cohen, ran the following question in his column:

I am a lawyer. During a first date with another lawyer, we had sex, and I wore a condom. Days later, when I came down with a bad fever and couldnít determine the cause, she revealed that she had genital herpes. A judgeship will soon open up in her county, and sheís a near lock for it. But if I report her lapse of sexual ethics, I doubt that the selection committee will pick her. Should I? ó NAME WITHHELD

Cohen replied as follows:

You should not. No doubt your paramour acted dreadfully. She should have told you that she had herpes and let you decide whether you wished to accept that risk. But the selection committee is not choosing a role model for the kids or someone to ride the express elevator to heaven; it seeks a person who will excel at a particular job. I do not believe that this sort of sexual misconduct correlates with an inability to be a good judge. [. . .]
Some private conduct does bespeak an inability to do a job. A would-be jurist who belonged to the Klan or even one who regularly used racist slurs would not inspire confidence in his or her ability to dispense equal justice to all. You should come forward with relevant information like that. But being unscrupulous in bed does not presage being inept on the bench, and so you should keep this demoralizing episode to yourself. And your doctor.

So, then Peter Lattman over at the WSJ Law Blog ran a post on Cohen’s column and all hell broke loose in the comment section to Lattman’s post. A few choice ones:

“Who cares! Sue the condom maker!”
“Great question! I am posing it to my Professional Responsibility students immediately. Thanks for the help.”
“Leave it up to bunch of lawyers to discuss medicine. Totally absurd. The law profession is essentially an STD of society, recurring pain and not curable. As far as I am concerned, this is medically inaccurate and you all deserve the real disease.”

And you thought your profession is stressful?

Wortham%20Center.jpgThis earlier post about budding British tenor Paul Potts generated quite a bit of interest, particularly the difficulties that the humble Potts has had in overcoming a lack of confidence to perform on stage. This link from that earlier post discusses how common such insecurity is among opera singers, and this International Herald Tribune article reports that even established opera stars struggle mightily with the manifestations of insecurity:

[Opera] insiders agree that heightened competition, unyielding sponsor demands and the weight of stardom are leading to excesses that invite comparisons of opera to sports tarnished by doping scandals.
Some attempts to stay on top are relatively harmless, like popping a beta blocker to soothe the butterflies before stepping on stage. But others are more alarming.
Singers often overuse steroids in the form of cortisone to control inflamed vocal cords ó sometimes in amounts that can permanently impair their abilities, say performers and their doctors. Others drink too much. Still others snort cocaine, according to insiders.
Inability to cope sometimes turns into tragedy ó as in the case of American tenor Jerry Hadley, who killed himself last month after what friends said was a prolonged bout of depression and reported financial and drinking problems. [. . .]
To deal with the pressures, “soloists are taking beta blockers to control their angst, some tenors take cortisone to push their voice high, and alcohol is everywhere,” [Tenor Endrik Wottrich] said. “The real pressure is no longer good old stage fright but comes from a new dimension that has penetrated opera ó it now lives from glamour, and normal human mistakes are a disruption in such an environment.” [. . .]
In the past 50 years, stages have grown in size, orchestral instruments accompanying singers have become stronger and opera seasons have lengthened. Adding to the pressure, singers get paid by the performance ó no money for no shows.
Good singers are now in demand all year round, globe-trotting from one hemisphere to another. And even those who avoid long-distance travel often have little time between the late spring end of the subscription season, the start of rehearsals for summer festivals, and tours promoting their own recordings. [. . .]
Still, physicians who treat singers urge them to resist the temptation to perform at any cost. Some, they say, overdose without knowing it, as they travel from gig to gig in one city after the another without keeping track of cortisone treatments that ó if overdone ó can destroy a voice.

Read the entire article. Along the same lines, see “It wouldn’t by Opera without an outrage.

“Hook’em what?”

Hook%27em%20Horns2.jpgThis Washington Post article reports on a U.S. Joint Forces Command commissioned Rand Corp. study that examines how U.S. credibility is often undermined when American media images are misinterpreted in foreign countries. Supporters of the University of Oklahoma and Texas A&M University will be happy to learn that the picture on the left of President Bush and others flashing the University of Texas’ famous “Hook’em Horns” gesture was used as one of the study’s examples, with the following description:

Background: President Bush makes a “hook’em horns” gesture familiar to University of Texas fans during the 2005 inaugural parade.
Rand Commentary: “Unfortunately, that particular gesture is not unique to Texas, and it carries different meanings elsewhere in the world. Norwegians seeing the image were shocked to see the president of the United States making the ‘Sign of the devil.’ Mediterranean viewers and those in parts of Central and South America . . . saw the president indicating that someone’s wife was unfaithful.”

Also looks like excellent material for the Marching Owl Band’s halftime performance during Rice’s September 22nd game against UT. ;^)

Defending Stoogology

3stooges.jpgChristopher Hitchens wrote this Vanity Fair piece earlier this year in which he explains why men are generally funnier than women. Dubuque (Iowa) Tribune-Herald columnist Rebecca Christian took offense to Hitchens’ article (her column is not online) and, in so doing, made several disparaging remarks regarding those icons of American male comedy, The Three Stooges. Those are fightin’ words to the Kirkendall brothers, prompting this letter to the editor (registration required) from my brother Matt, which provides as follows:

Dear Editor:
I am responding to a recent column from Saturday columnist, Ms. Rebecca Christian. She wrote expressing her irritation at a Vanity Fair article by Christopher Hitchens, but included in this a general meditation on women’s inability to appreciate male humor. Unfortunately, she made several disparaging remarks about the Three Stooges with some particularly cheap shots directed at Curly.
In this way, she demonstrated a woeful lack of appreciation of the Three Stooges and by implication the entire male philosophical discipline known as “Stoogology” — the study of the Three Stooges and their impact on society. Her comments demand a response.
She is correct in her assertion that women generally do not understand the Stooge phenomenon. For men, however, the Stooges provide a framework to develop an understanding of the world and their place in it.
One of the most important and time honored responsibilities of any father is passing on to his son a passion and proper respect for the Three Stooges.
In their unique way, the Stooges teach valuable life lessons that all men can identify with and can use to try to fashion their own lives. Some of these lessons include:
* Life can be painful (i.e. eye pokes, face slaps).
* Question authority (be it as a teacher, plumber, census taker, columnist; most any job can be pretty much made up as you go along).
* Despite your best efforts whatever you do may not be appreciated (ex: a pie in the face).
These are tough lessons to be sure. It is a choice, you can spend thousands of dollars and years of their lives sending your sons to university to study obscure philosophers to learn these lessons, or you can allow them to watch Stooge shorts on men focused cable channels to learn the same things.
An added advantage is that even basic Stooge knowledge can be broadening as it allows your son to come to appreciate other important social commentary of our time such as that provided by Benny Hill, Monty Python, ESPN commercials, and many others.
Several years ago, a national magazine proposed that every man’s personality type could be summarized as being one of the Three Stooges.
Most men are Larry; they just want to get along with everyone. The forceful personality types are Moe. These are the guys that run businesses, are corporate types and are generally SOBs.
It was in fact the Curlys, that women found most fascinating. One woman noting, “I would marry a Larry, but dating a Curly would be the most fun.” Curlys tend to be exciting and prone to excess. Typically they burn out early. Unfortunately, this describes the life of the real Curly, Jerome Horowitz, who was famous for his girlfriends, several wives and dying at a young age.
Other famous Curly types have included Marlon Brando, Babe Ruth, Elvis and John Lennon. Significantly, former President Bill Clinton was felt to be a Curly, whereas, President George W. Bush was classified as a Shemp. Go figure.
Within this framework, the columnist Christopher Hitchens can be classified as a Curly. He is prone to polemical excess and his schtick is to be controversial. He tries to impress the girls with his vocabulary, his British accent and his peculiar worldview.
However, the TH columnist should not take her dislike of Mr. Hitchens’ column as an excuse to condemn Curlys as a whole. In that way, she is insulting a large part of the male population and she may be seriously limiting her options for fun dating in the future. She should remember that in the end: “Soitenly, we all are just victims of coicumstance, N’yuk, N’yuk, N’yuk!”
Matthew J. Kirkendall
Dubuque, IA.
Kirkendall is a physician at Dubuque Internal Medicine.

The song of a salesman

opera_5053.jpgI’ve never watched even one episode of American Idol. However, my nephew Rich passed along this four minute excerpt of an episode from the British version of the show, and it’s truly about as inspiring as anything I’ve seen recently from television. There is some speculation around the Web that the performer was a ringer, but this critic makes a good case that he is legit. Take a look. It might just make your day.

How Not to use PowerPoint

seth-godin-really-bad-powerpoint.jpgComedian Don McMillan nails it in this hilarious video. It’s a must view for anyone who has ever endured a bad PowerPoint presentation (is there anyone left who has not?). Hat tip to Craig Newmark.
Meanwhile, the WSJ’s ($) technology columnist Lee Gomes takes a look at the status of PowerPoint on its 20th (!) birthday.

The Texas Water Safari

Texas%20Water%20Safari.jpgI’ve heard about The Texas Water Safari, but didn’t realize quite what is involved:

The Texas Water Safari begins in San Marcos with a gunshot that sends 200 paddlers madly thrashing across a murky pond.
Multicolored boats, ranging from six-seated scull-like canoes to single-seat kayaks, barrel into each other, tipping and tossing their occupants into the water. The bigger boats slam into the smaller ones, driving them toward rusty pilings.
Once the paddlers traverse the pond, they jump into the mud and drag their boats through thick brush to portage a dam churning with whitewater. They twist ankles and skin knees as they carry their boats down an incline of sharp rocks to the mouth of the San Marcos River near the center of Texas.
And that is only the beginning of the 262-mile endurance test that takes most entrants two to three days to complete and has enough danger lurking along the way to give Indiana Jones nightmares.
Poisonous water moccasins fall from trees. Wasps and fire ants are constant threats, mosquitoes and mayflies swarm at night.
In fast water, logs turn into torpedoes and trees tumble like boulders. In high water, hanging limbs snatch water jugs and knock competitors unconscious.
Paddlers navigate rapids in the first half of the race and cope with the broiling heat of the Texas summer in the daytime, then fight off hypothermia at night.
There are 12 classes for boats entered in the race, but competitors can use any kind of craft, as long as it is human-powered. No sails or motors are allowed.
No wonder it is billed as the worldís toughest canoe race. [. . .]
Remarkably, no one has died in the raceís 44-year history.
But many have come close.

Read the entire article. Golf, anyone? ;^)

Is Barry Bonds this era’s Jack Johnson?

Inasmuch as I have never been comfortable with the characterization of Barry Bonds as a fraud because of his steroid use (prior posts here), this Skip Sauer/Sports Economist post comparing Bonds’ situation to that of former heavyweight boxing champion Jack Johnson caught my eye:

This week’s Chronicle of Higher Education has a piece worth reading by historian Warren Goldstein, on the simmering feud between Barry Bonds and his critics in baseball and the media. Goldstein sees an analogy between Bonds and the black superstars who were run out of sport in the 19th and 20th Century as racism became institutionalized in American society. The list, borrowing from William Rhoden’s recent book, $40 Million Dollar Slaves, includes Isaac Murphy, a three-time winner of the Kentucky Derby, Major Taylor, the top cyclist exiled to France, and boxer Jack Johnson. Since watching Ken Burns’ documentary on Johnson a few years ago, I’ve viewed Bonds and Johnson as soul mates of a sort. So I am predisposed to both Goldstein and Rhoden’s take on this.

Bonds plays in an era where overt racism is much diminished, and banishment akin to his predecessors seems unlikely. But he is caught front and center in the anti-drug witch-hunt, and he — like just about every other player of his cohort — is unapologetic. Indeed, I sometimes wonder if Bonds would not mind being immortalized in a manner similar to Murphy, Taylor, and Johnson. Just as Bud Selig and various members of the media shrink from celebrating Bond’s pending achievement, it is likely that Bonds finds the prospect of sharing the moment with his detractors to be repulsive. For reasons both valid and perhaps a bit petulant, he’d rather figuratively hang with his homies Murphy, Taylor, and Johnson. I can see his point: they’re an accomplished group.

And you think Houston freeways are dangerous?

BULLSHARK_450.jpgAll you folks who enjoy swimming in coastal bays and inland waters close to the Gulf, take a look at what was caught in one of those over in Florida.
Meanwhile, when you have 8 minutes or so, watch the remarkable YouTube video below about a very tough buffalo calf’s difficult day. HT to Jane Galt:

Checking in on the annual Cannes Vanity Fair Party

Festival%20de%20Cannes.jpgReports on the social affairs surrounding the Cannes Film Festival don’t usually interest me much, but WaPo’s William Booth does a great job of placing the annual Vanity Fair party in perspective:

The annual Vanity Fair Oscar party in Los Angeles is now an institution filled to the rafters with Hollywood celebrities, our celebrities, the ones in our tabloids. This Cannes VF gig is different. Here it’s London socialite Jemima Khan, the ex-wife of Pakistani cricketer Imran Khan, daughter of Lady Annabel Goldsmith. She’s hot. She’s smart. She’s rich. She’s huge. But we are going to confess this as an innocent abroad: We kinda had to Google her.

Read the entire clever piece.