Category: Culture

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If anything, they should be rewarded

I’m not a particularly ardent fan of the U.K. version of The Office, but I’ve seen a few bits of it here and there, and they can be pretty funny. One of the classic exchanges is between David and Gareth, on the subject of, well, boobs:

[David is mocking a porn site, and reads off of the computer screen]

David: ” ‘Dutch girls must be punished for having big boobs.’ Now you do not punish someone, Dutch or otherwise, for having big boobs.”

Gareth: “If anything they should be rewarded.”

David: “They should be equal.”

Gareth: “Women are equal.”

David: “I’ve always said that.”

With that background, one can fully appreciate this recent news story: “A dancer has launched a $100 million lawsuit against the American musical Movin’ Out, claiming she was emotionally abused and lost her job because her breasts grew too large for her costume.” Yes, it turns out that, according to the lawsuit, some people are punished for having big boobs. Best of all, however, is her lawyer’s statement to the press, in the same newsclip: “In the ballet world, obviously, people are small-breasted. On Broadway, what happened should be an attribute.”

Or in other words, “if anything, they should be rewarded.”

Three Cheers for Categorizers!

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Dan mentioned an indefatigable blogger who’s now taxonomizing over 600 law-related blawgs. I’ve heard a lot of critics of bloggers complain about “navel-gazing” in this field. But this type of work is exceedingly valuable, as I try to demonstrate in a recent piece on “information overload externalities.”

In my view, categorizers are a uniquely beneficial “genus” in the information ecosystem, and they deserve special solicitude from copyright law. Categorizers should be able to provide small samples or clips from whatever works they organize or index, without begging for licenses from the copyrightholders who own the sampled work.

Unfortunately, categorizers have been getting some rough treatment by courts lately. For example, Google recently lost a battle against “erotic image purveyor” Perfect 10 because the low resolution images on its “image search” might reduce Perfect 10’s sales to the “cell phone viewing” market. The Author’s Guild (which appears neither to represent all authors nor to be a guild) is suing to stop Google’s digital book indexing project—even though Google permits any aggrieved copyright owner to opt out! They believe Google should have to work out, individually, permissions for each of the millions of books they want to index.

Imagine if uber-taxonomizer 3L Epiphany had to ask permission to quote or cite to any of the blawgs he compiled. Are we really going to let a few cantankerous holdouts veto an effort to archive and index the world’s expression? I hope not, for a couple reasons…

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Sour grapes from Proulx

So the film based on your short story — a great film, by the way — wins a bunch of awards at various venues, but loses the Best Picture Oscar in an upset. What do you do?

If you’re Annie Proulx, I guess you write an incredibly tacky piece for The Guardian, in which you call the Best Picture winner “Trash” and rail on the Academy, its voters, and the award ceremony in an extended rant that is neither smart nor funny.

I guess I’m still young enough to be surprised when smart, articulate people use their considerable skills — and access to major media outlets — to embarrass themselves in the most conspicuous ways possible. Proulx may be an author capable of a very good story, but she comes across as utterly classless in her Guardian piece, taking the description “sore loser” to a new level. To slightly adapt the old saying: Better to keep your mouth shut and let people wonder whether you’re an ass, than to open it and remove all doubt.

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Sexualizing Victims And Offenders

Rick Garnett blogged yesterday about a recent Eighth Circuit opinion in a sex abuse case. The appellate court reversed a trial court’s decision to close the courtroom during testimony of children allegedly abused by the defendant. A particularly interesting part of Judge Arnold’s short Sixth Amendment decision said:

The government implies in its brief that requiring children to testify in publicin this kind of case could only expose them to voyeuristic or prurient interests.

What did the government mean, exactly? Did it think that the defendant would get sexually excited during trial? Would pedophiles flock to the courthouse to witness the testimony?

I imagine that the government was suggesting that having a child testify about sex has the effect of sexualizing the child. Everyone watching this testimony, intentionally or not, would begin to see the child as a sex object. The government is probably right. Amy Adler has written a compelling piece arguing (in line with Judith Butler) that the criminalization of child pornography transforms images that would not otherwise be seen as sexual into sexual events. She suggests that, once we know child underwear ads might be pornographic, we’ll always look at these ads and ask: “is this this is a sexual image?” And of course once we ask that question, we’ve answered it.

In effect, the mere act of going to trial in a any sex crime case sexualizes the victim. We see that victim in his or her role as sexual object because that is how he or she is presented to us. If the right to a public trial is to have real meaning, Judge Arnold must be right that this phenomenon is no basis for closing a public trial.

This brings to mind an interesting post over at The Smoking Gun. TSG posted a series of mugshots under the heading “Foxy Felons.” One such canid, Casey Hicks, has threatened to sue TSG unless it removes her photo. It seems that she believes – based on blog commentary, no less – that TSG readers are using her photo for their own “private sexual gratification.” Perhaps Alabama, which is ever mindful of the dangers of sexual gratification, will add mugshots to its existing ban on sexual stimuli.

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Paper Discovers Trove Of Unseen Civil Rights Photos

Thurgood Marshall.JPG Today the Birmingham News published a treasure trove of photographs documenting the Civil Rights movement. These absolutely remarkable photos, featuring Martin Luther King, Thurgood Marshall (pictured at right in a group that included Constance Baker Motley), and other significant individuals and events from that era, can be accessed here. While some appeared at the time, many of these images have not been published previously. According to the account in today’s News, the photos were found accidentally:

[The discovery was] the result of research by Alexander Cohn, a 30-year-old former photo intern at The News. In November 2004, Cohn went through an equipment closet at the newspaper in search of a lens and saw a cardboard box full of negatives marked, “Keep. Do Not Sell.”

The accompanying article includes interesting interviews with News photographers and others discussing why many of these images never saw the light of day. One photographer recalled that “the editors thought if you didn’t publish it, much of this would go away.”

The News has changed over the years naturally. In 1988, it offered a tempered self-critique of its civil rights coverage saying: “The story of The Birmingham News’ coverage of race relations in the 1960s is once marked at times by mistakes and embarrassment but, in its larger outlines, by growing sensitivity and acceptance of change.” That remains a fair characterization of the broadsheet. The editorial board is iconoclastically conservative. It is anti-abortion and solidly Republican but unafraid to confront ideological inconsistency and social injustice. For example, the News recently reversed course on the death penalty, calling for its abolition. Why?

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Starbucks’ Secret Menu

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Everyone has a different perspective on Starbucks. In a place like San Francisco, with a strong independent cafe culture, it’s seen as Corporate Joe. In Birmingham, though, Starbucks helped balloon the city’s tiny pre-existing cafe community. Enough cultural commentary. My main goal with this post is to alert interested Starbucks consumers to a few attractive menu items that have inexplicably been left off the menu. (I speak primarily for the Birmingham stores, but in my experience these items are generally available nationally.)

For for the frugal and/or low intenisty addict: the Short coffee. It’s served in the same cup as the kid’s hot chocolate. And you always thought that it was nonsensical that Starbuck’s small was called tall. It isn’t; they just don’t want to explain matters to you.

For cafe au lait lovers: the Misto. Cafe au lait fans will love the Misto because, well, it is a cafe au lait. Half cup of coffee, topped with steamed milk. Ask for it extra foamy.

For people who have strong coffee preferences: the French Press. They don’t tell you this, but for 3 or 4 bucks, they’ll serve you up a french press made of any coffee in stock. So when the coffee of the day is House, and you just gotta have Sumatra…it’s your choice. And you’ll have enough to share with a friend.

Take control of your Starbucks experience. Order off menu.

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John Paul Stevens In Picture And Song

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If you haven’t heard this Air America spoof of Hang on Sloopy – retitled Hang on Stevens – it’s worth a click. I can’t imagine that Stevens, a Republican (OK, a Hyde Park Republican, but still…) would have predicted this fate 30 years ago.

And if you haven’t yet seen this wonderful childhood photo of the Justice at his dad’s hotel (known, eponymously, as The Stevens, but since transformed first into the Conrad Hilton, and later the Hilton Chicago, and shown at right) take a look. According to this article, he’s the kid on the left.

UPDATE: It seems that you can’t create a permanent link to the photo. To see an enlarged version go here and search keywords for “Stevens Hotel Two Boys”. The photo is entitled “two young boys playing a games, sitting at a small table in a playroom at the Stevens Hotel.” But the picture actually has three boys, and the aformentioned descriptive sentence actually has a grammatical error.

UPDATE 2: I’ve altered the pictures so that everyone can now see both the kid-pic and the hotel.

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Is the Supreme Court Moving to the National Mall?

supreme-court-on-mall2a.bmpI was reading a Washington Post article about plans to expand the Mall in Washington DC because of all the clutter from new monuments, museums, and memorials. On this page, the Post has a few visions for the new expanded Mall, which would utilize East Potomac Park. I was quite surprised when I read the caption at the top of the drawings:

Architects have responded to a call for ideas on expanding the Mall, particularly into East Potomac Park, with visions of plazas, museums, a new Supreme Court building, stores — and beaches.

Many people’s first reactions might be: Beaches? In Washington, DC? But I’m a law nerd, so my reaction was: A new Supreme Court building? On the Mall?

Sure enough, one of the proposals has a new Supreme Court building sitting not too far from the Jefferson Memorial. I’m not too keen on this idea.

First, I think that the current Supreme Court building is glorious, and I wonder whether we really need a new Supreme Court building. As Jason Mazzone notes, the Court certainly hasn’t been expanding its workload of late, so why would it need more space?

Second, I wonder whether the new location is a commentary on the Supreme Court. Instead of its current location behind the Capitol, it will sit rather isolated in a place near memorials. Is this insinuating that the Court has become isolated and aloof, sitting on an island practically all by itself? Is it insinuating that the Court has become an historical relic, something that mattered once in the past but that is now relegated to serving largely as a memorial?

Related Posts:

1. Solove, Old Courthouse Architecture

2. Solove, New Courthouse Architecture

3. Solove, More New Courthouse Architecture

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Fanny Ellison

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Thanks to my friend and Ellison scholar Lucas Morel, I found out that Fanny Ellison, Ralph Ellison’s widow, died recently in New York of complications of hip surgery. She was 93. I had not known, until I read the New York Times obituary, how important she was in civil rights, theater, and culture in the 1940s, nor of her role in helping with Invisible Man.

I’m a huge fan of Ralph Ellison. Invisible Man, of course, has much to recommend it, particularly for lawyers. A lot of Ellison’s mission in IM runs parallel to what the NAACP was trying to do through litigation in the years leading into Brown. And while it may be stretching the case to say that the invisible man authored Brown, I think Ellison’s goal of focusing on our common humanity and on seeing people as individuals, rather than members of despised groups, appears in Brown as well.

One of my favorite passages in IM involves the elderly couple, who’re being evicted from their Harlem apartment. The couple’s meager possessions are strewn on the sidewalk; there are fragments of life stretching back to the era of slavery–emancipation papers, a picture of Abraham Lincoln, a commemorative plate from the St. Louis World’s Fair, a newspaper account of Marcus Garvey, letters from their grandchildren, cheap furniture. The Invisible Man’s refrain was, “[W]e’re a law abiding people.” Yet, the elderly couple was being evicted. So Ellison asked by what law were the couple being evicted? How could that eviction be consistent with law? The eviction was demanded by the “laws,” it is true:

[L]ook up there in the doorway at that law standing there with his forty-five. Look at him, standing with his blue steel pistol and his blue serge suit, or one forty-five, you see ten for every one of us, ten guns and ten warm suits and ten fat bellies and ten million laws. Laws, that’s what we call them down South! Laws!

The couple had almost nothing from which they could be evicted. All they had was “the Great Constitutional Dream Book” and even that they could not read.

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Voices from the Past

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This very fine New York Times article on the New York Historical Society’s exhibit on slavery in New York begins by talking about visitors recording their reactions to the exhibit. We should also think about listening to the voices of people who had lived as slaves.

Some of the great treasures of American history are the slave narratives collected by the WPA. And through the magic of the internet, you can listen to the Library of Congress’s audio collections of the voices of people who were born into slavery.

I’ve enjoyed listening to them, because I love hearing the songs (like Keep your Lamp a’ Trimmed and Kingdom Coming), the accents, and the recollections of the folks.

Of course, the WPA and other New Deal agencies recorded a lot of other folks, too. I highly recommend the audio downloads that are available on the LOC’s website. And the LOC has some other great audio collections, like these fiddle tunes recorded in the 1960s.

The picture is from the Library of Congress’ collection of black and white photographs from Great Depression to World War II, LC-USF34- 044206-D.