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.

The NCAA sinks to a new low

ncaa%20logo.gifAs regular readers of this blog know, I maintain that the NCAA’s administration of big-time intercollegiate athletics has outlived its usefulness for a long while. On the heels of a shooting incident in Houston over this past weekend that killed one of the area’s most promising high school football players, the NCAA once again proved that it has taken over-regulation to new heights of absurdity:

Just hours after Oklahoma football recruit Herman Mitchell was shot to death Friday in Houston, Adam Fineberg started raising money for Mitchell’s family.
But after raising $4,500, enough to cover almost half the cost of Mitchell’s funeral, Fineberg stopped. An OU compliance officer told him his actions would constitute an NCAA rules violation against the Sooners.
Now, Mitchell’s mother likely will never receive that money.
That money is considered illegal financial assistance under NCAA rules because Mitchell’s brother is a sophomore fullback at Westfield High School in Spring, Texas, and because Fineberg is an OU fan who attends Sooner football games and solicited donations through an OU fan Web site. [. . .]
OU spokesman Kenny Mossman said the an official with the university’s compliance office contacted Fineberg on Monday asking to him halt his fundraising efforts until the OU received a rules interpretation from the NCAA. That interpretation came Tuesday.
“This is not a permissible expense for OU or someone who could be construed as an OU supporter,î said Mossman, an associate athletic director for communications. “We’re not trying to be the bad guys, but we have to play by their rules.î
OU could apply for a waiver that would allow Fineberg to resume his fundraising and allow the Mitchell’s family to receive the money, an NCAA official said late Tuesday.
“We would consider that if the university chose to go down that avenue,î NCAA spokesman Erik Christianson said.

All heart, those NCAA folks, eh?
Update: After a public outcry, the NCAA comes to its senses.