Showing posts with label bad lawyering. Show all posts
Showing posts with label bad lawyering. Show all posts

Friday, March 24, 2017

The Immortal Iron Fist

I have a Marvel Unlimited subscription. There was really no question that I was going to watch the Netflix/Marvel Iron Fist for reasons of completeness if nothing else.

Marvel's Defenders: Gotta catch 'em all.
You have questions. I have answers. Mild spoilers for this show (and Daredevil as it builds on that) below.

1) What's this show about?

It's the story of Danny Rand (Finn Jones), a billionaire orphan who ended up stranded at a trans-dimensional Tibetan monastery and learned how to turn his fist into a steel-door denting weapon. Now he's back in New York, and vigilantism will occur. 

No, it's really not more complicated than that. To reiterate: billionaire orphan rescued from fateful plane crash by monks, develops magic martial arts punching power, comes back to New York, fights ninja-themed crime. 

2) How ethnically insensitive is Iron Fist?

There's been a lot of controversy about this issue, so I thought I might get this one out of the way early. The portrayal of Asian ethnicity and culture in Iron Fist is, I feel, what would count as "really good for 1987." There's a notable lack of East Asian folks behind the camera (maybe one director, and I'm not including the RZA, who did direct an episode, but yes, I am aware the Wu-Tang Clan are not, in fact, from Asia) which comes out in the treatment of settings, characters, etc., even though there's a definite effort not to be completely stereotypical.

What I mean by the above is that the show is clearly "Asian through non-Asian people's eyes." That's not the worst crime against humanity, but with a big budget product with years of development, it's not a great look, and I hope Marvel tries harder in the future. 

One thing that tweaks me just a little, though, is that Iron Fist gets so much flak because the main character learns martial arts in a trans-dimensional Tibetan monastery but is not Asian, whereas Daredevil hits all of the same major plot points in a more insensitive manner, but we give it more of a pass, possibly because it's so much worse at cultural sensitivity we don't even see the appropriation. Here's a chart:


Plot point
Daredevil treatment
Iron Fist treatment
Young white boy who develops special powers is orphaned at an early age and gets martial arts training from an Asian-themed organization...
Of mostly white guys, run by an old white guy with a John Wayne-y accent
Of Buddhist monks, mostly played by Asian actors
The hero’s main antagonist is The Hand, a ninja death cult best described as...
A weird Asian magic ninja group straight out of a Sax Rohmer (author of The Insidious Dr. Fu Manchu and many, many other racist pulps) novel.
An Asian-themed Hydra with magic, but clearly including a lot of normal people with normal-ish motivations and not just a weird death cult of zombie ninjas all the way down.
The hero’s martial-arty love interest played by an Asian actress is...

Elektra, a one-woman killing machine.
  1. One of three women with more than a couple speaking lines in the entire season; 
  2. An antagonist with severe impulse control issues, leading to Daredevil basically trying to "fix" her; and
  3. As the only notable Asian member of the Asian-themed martial-arty organization that trained Daredevil, clearly also a [mild spoiler] Macguffin for The Hand, because you know, that had to be the Asian character.
Colleen Wing, a down-on-her-luck martial arts instructor.

A complex, but fundamentally good, character who is treated by the Iron Fist as an equal.

For the record, not the only non-pushover woman on the show, unlike, say, Daredevil.

The character of Madame Gao, played by Wai Ching Ho, can be summarized as…
“Inscrutable” dragon lady combined with evil grandma.
A complicated and clever adversary to the Iron Fist, less rooted in an Asian-ness than from a wisdom that comes from being super-old.
Asian organized crime in the show is...
Run by Madame Gao in a weird magic way or by Hand ninja in an often weirder magic way.
Partly the Hand, but also some Chinese Goodfellas types who, while they do martial arts, aren’t treated as some sort of different type of criminal like “the Triads” or “the Yakuza” are in other shows; they’re an ethnically-homogenous organized crime group that happens to be Chinese.

This is not to absolve Iron Fist of its sins, but to say that, if we call out Iron Fist but just sort of let Daredevil slide, we're basically just reserving sensitivity to Asian culture for explicitly Asian-branded shows.

Now, on top of this, Iron Fist's treatment of women is a significant improvement over Daredevil. Most notable is that the Iron Fist for much of the show rolls in a team of three, that three usually being Colleen Wing (Jessica Henwick) and Claire Temple (Rosario Dawson). Much of the time, the Iron Fist is planning to do something impulsive and stupid, and Claire and Colleen tell him, "no Danny, that's impulsive and stupid," and guess what? That's treated by the show as good advice, and half the time the Iron Fist actually listens. That's right, a superhero show where the white guy superhero doesn't just blow off or become emotionally unavailable to the women in his life when they tell him not to do something dumb! Also he doesn't lie to them all the time!

3) Does that mean Iron Fist passes the "Bechdel Test"?

Sort of! 

The problem is that, often, two women are talking about a man in a non-romantic way. For example, there's a long scene where Colleen and Claire are looking after an unconscious man with a sucking chest wound, and arguing over whether it's safe to bring him to the hospital. For the Bechdel Test, does that count as a conversation "about a man"? Other examples of where this is complicated:
  • Claire and Colleen talking with Danny over whether or not to kill a particular man
  • Colleen and Jeri discuss some legal trouble that Colleen and Danny have gotten themselves into
  • Two members of the Hand, both women, where one is upbraiding the other for being disloyal to the organization due to not following the orders of a male superior.
So, yes, women are far more visible in Iron Fist than in Daredevil; they're clearly half of society and in a wide variety of roles. But, as we've established, being better than Daredevil is kind of a low bar.
Average number of actresses with lines in a scene with Joy Meachum (Jessica Stroup).
If neither Claire or Colleen are in the scene, the likelihood of two women having more than a line in a scene drops logarithmically. Joy Meachum (a childhood friend of Danny's and major corporate power player) operates in a world where the only other women, except very occasionally Jeri Hogarth, are assistants or less senior board members with few if any lines. If it's not to Claire or Colleen, I don't think Madame Gao ever speaks directly to a woman in this show. 

4) So, apart from that, how's the show?

Perfectly acceptable. If you are willing to watch Marvel's Agents of SHIELD for an entire 26-episode season without shutting it off mid-way through saying that it's "too comic-booky," then you'll find Iron Fist perfectly diverting. 
Shirtless Finn Jones. You're welcome.
The big problem with Iron Fist is that Jessica Jones and Luke Cage were bigger than just a comic book punchy-punchy story; they dealt with being a comic book character in a world with sexism or racism; a world where punching through doors and not worrying too much about being shot wasn't sufficient to protect someone from man's inhumanity to his fellow man. Iron Fist is not that deep, and doesn't mean to be. He's a guy who makes his fist glow and punches ninjas with it. I mean, if you want it to be a story about white privilege, he basically buys his way out of being arrested at least once on the show. But that's so not the point Iron Fist is trying to make. 

Pacing is decent, acting is pretty good (great performance from Carrie-Ann Moss reprising her Jessica Jones role as attorney Jeri Hogarth). 

Characterization is a little spotty. Danny Rand has some PTSD and anger issues, but they don't manifest consistently or always plausibly. The Meachum sibilings Joy and Ward (Tom Pelphry) -- the chief corporate officers of Rand Enterprises, the company that gives the Iron Fist his billionaire fortune -- keep switching sides between "good," "self-interested," and "evil" in ways that seem to fit the plot more than any sort of organic development. 

The martial arts scenes are some of the best I've seen. One of my complaints about a lot of shows (CW shows like Arrow especially) is that the fight choreography does not distinguish between when a superhero takes on a ninja master and when he/she takes on a guy who has no training at all except in the duration of the fight. Iron Fist does. When the Iron Fist takes on less-well-trained people, he moves like water through them. It's only on the better adversaries that it even looks like it's hard for him. 

The martial arts scenes are also entertaining when they're set up to pay homage to various Hong Kong action films. Keep an eye out!

Also, one of the better comic show depictions of a functional drug addict, surprisingly. 

5) Does there happen to be a minor plot point that depends on a legal controversy that makes you dumber about the law?

Why yes, there is! 

Midway through the season, there's a plot point about whether a Rand Enterprises plant on Staten Island is causing cancer. 15 people in a half-mile radius around the plant have gotten cancer. And there's a legal action by the cancer sufferers against Rand.

I won't tell you how the plot point is resolved, but the big problem with this plot point is that key facts as to whether this case is meritorious are left vague so the main characters can have a moral dilemma about it. The writers wanted some characters to say "no money for you!" without seeming totally heartless, but also didn't want to go so far as to actually show that the plaintiffs didn't have a case.

The problem is, it's really mostly one way or another depending on the science.

I used to do toxic torts, so I know these cases and the way they're litigated pretty well. In order for a plaintiff to actually have a chance of winning in court, the plaintiffs need more or less three things:

  1. biological plausibility - science that shows that the Rand plant emissions could cause the cancer in question. For example, I worked with estrogenic chemicals alleged to cause breast and reproductive cancers. Those same chemicals weren't linked to, say, lung cancer or leukemia. Benzene is linked to blood cancers but not, say, prostate cancer.
  2. science showing level of risk - If I increase your risk of cancer by .0001%, should I be liable if you get cancer? Courts in America basically have said that I have to at least double your risk of cancer before there's liability. So the Rand plant emissions would have to be scientifically shown to double or more the risk of whatever cancers they cause.
  3. elimination of other causes - plaintiffs can't have been exposed to large amounts of other carcinogens, have bad family histories of cancer, etc. and expect to prove that the Rand plant caused their cancer. This is super-problematic for the linked Marvel universe as we know at least the following fictional environmental issues:
    • New York suffered an attack by alien robots that probably were made of toxic metal and almost certainly released a crap-ton of ionizing radiation. 
    • And do you know where NYC dumps debris from stuff like "the Incident"? The Fresh Kills landfill on Staten Island, probably somewhere near the Rand plant given zoning laws. That's where all the toxic metal shards and radioactive monster corpses went if they were too mangled for SHIELD, the U.S. government, or Tony Stark to grab for study.
    • We know from Agents of SHIELD that a teratogenic substance -- Terrigen -- has been introduced into the American food supply through contaminated fish.  
Now, if we actually knew how close plaintiffs were to proving any of the above, the moral dilemma becomes less fuzzy, it's either, "they probably were poisoned by the plant, but we have better-paid and better-sounding experts so we can roll the dice and bury them with endless litigation" or "these plaintiffs have bad luck but they almost certainly didn't get cancer from the Rand plant any more than they got it from vaccines." 

Friday, November 11, 2016

Fall TV: Part Deux

It's been a rough few days here in the good old US of A. The TV Sluts have been particularly demoralized by the latest political happenings, so I figured this was as good a time as any to get back to blogging and talk about something frivolous. Namely, the new Fall television shows.

When we last chatted, I let you know that The Good Place was definitely worth watching. It's doing fairly well in the ratings and is a critical hit, so it seems likely it will stick around.

One of my other favorite new series this Fall is Pitch. The series follows the first female baseball player to make it to Major League Baseball. Ginny Baker, as a pitcher with the San Diego Padres, has to prove herself to the MLB leadership, the public, and most crucially, her teammates. This goes just about as well as you would expect.

I'm not a huge baseball fan--I've been to some Nationals games and follow their season--but you don't have to be a sports lover to enjoy this show. It has a healthy dose of Girl Power and (I never thought I would say this), Mark-Paul Gosselaar is pretty fantastic on the series. I almost didn't recognize him because of his beard, but he's just as charismatic here as he was all those years ago on Saved By The Bell.

Pitch hasn't been stellar in the ratings, but it appears likely it will return for a second season.

Look at that glorious beard. AC Slater eat your heart out.

The third show I can recommend this Fall is Notorious. According to the PR monkeys at ABC, Notorious "centers on the symbiotic relationship between defense attorney Jake Gregorian (Daniel Sunjata) and powerhouse TV producer Julia George (Piper Perabo), as they attempt to control the media, the justice system and ultimately each other."

Basically, it's a typical ABC drama with lots of "shocking" twists similar to Scandal and How to Get Away with Murder.  Its' entertaining and frivolous, but doesn't exactly depict the reality of producing a news show or working as a criminal lawyer. Still, it's fun.

Familiar faces on this one include Piper Perabo (who was the naive songwriter main character in Coyote Ugly) and several Joss Whedon alums including J. August Richards (Gunn on Angel). I think of it as a good "background show." It's something you can have on in the background while you do something else, like write a blog post, but it's not necessary to give it all your focus.

Alas, there is a shocking lack of dancing on bars so far in Notorious, but hey, the show is young.

Notorious has been struggling in the ratings, but so has all of ABC's Thursday night line-up. In late October the first season order was cut from 13 episodes to 10 which isn't a good sign, but who knows what will happen. I'll keep you all updated.

Both Pitch and Notorious air Thursday nights at 9PM on FOX and ABC, respectively. I hope you have a DVR. Also, episodes are available online and On Demand. So you have no excuse.

Wednesday, September 02, 2015

Amazon Prime on Paternity Leave - Grimm and Your Fourth Amendment Rights

Amazon Prime has a couple seasons of the NBC supernatural sorta-police procedural Grimm on it, but I didn't consider watching it while a small child lay sleeping in my arms (but not on any inanimate surface) until I read a graphic novel version of an episode thanks to the blind box service Comic Bento. This month was entirely comic books published by Dynamite Entertainment, so along with New Vampirella #1, I got a Grimm comic, and after reading it, thought, "this is not horrible as entertainment goes, and not particularly intellectually taxing, so perfect for watching at 5AM."
Strangely and perhaps positively, the new Vampirella series' writers make it seem like they feel unjustly saddled with her outfit but can't change it due to tradition.
If you haven't seen Grimm, I will explain it to you in a paragraph:

Nick Burkhardt (David Giuntoli) is a Portland, Oregon police detective who is also the latest in a line of "Grimms," humans who can see the animal- and myth-themed creatures that walk among us in human form. Most episodes, one of these creatures will act out, and Det. Burkhardt has to either kill or subdue it, depending on the creature's dangerousness. There's also some meta-plot about supernatural critters' politics, but it's safely ignored.
For example, Deep Space 9's Nana Visitor is a homicidal bee person in one episode.
It's a fun show in a "brain candy" sort of way, like Lost Girl or Gossip Girl, but the approach to law and policing drives me nuts.

Okay, so we've suspended disbelief that wolf people and bee people and whatever the heck hexenbiests are supposed to be live among us and follow their weird supernatural impulses but we rationalize it as crazy people, serial killers, etc. But the show does the thing I can't stand in most police procedurals, which is commit bad police work, which is why I stopped watching Mysteries of Laura.
Also, even on two detectives' salaries, how could they afford that house? In either Nassau or Westchester County, that's a >$2M home, and they clearly don't live in Jersey.
If you can't solve every crime without violating all the clauses of Amendments 4-6 of the Constitution, you shouldn't be a police officer. But shows where policing is sort of secondary to the plot, this happens all the time and is shown as, at worst, a "meh" thing.

For example, no, examining the "curtilage" of a house does not allow you to jump the fence in the backyard, Mr. Police Officer. And then finding a clue there does not give you probable cause to enter the house. This is what we call "fruit of the poisonous tree" in evidence law.

Or the time they ask a law firm partner for "all the cases" a dead associate was working on, and he says, "sure, full access," as opposed to, "you can have a list of the clients and litigation the attorneys were involved with, but anything involving our client confidences requires a subpoena or we all lose our licenses to practice law."

There's even an episode where a police officer character (not Nick) confesses to conspiring to keep Brady material from a defense attorney because he doesn't want a jury believing that this obviously evil guy might not be guilty beyond a reasonable doubt of the particular crime he probably did. As the defendant was, in fact, a vicious murderer possessed of supernatural strength, this is presented as a sort of defensible act. In real life, this behavior puts innocent people in jail. Also, makes a mockery of our constitutional system. Not everyone is a superstrong serial killer who can eat bullets.

So, when there isn't law, this show is fun. When there is, it's groaningly awful. Fortunately, the legal bits are few.