Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Whatever happened to Henry Simons? (fp)

Wow -- that's some very scary poll results (kw)

The scarlet ankle bracelet. (fp)

Every good article should have one idea. (fp)

Family values in market turnover culture. (fp)

Banks really create value: probably $58 billion in overdraft fees & credit card penalties in 2009. (fp)

A Citizens United dream: Exxon could have deployed 10% of its 2008 profits to outspend every presidential and senatorial candidate that year. (fp)

Eternal Earth-Bound Pets promises to adopt your pet if you are raptured. (fp)

Habermas doesn't tweet, but does interview well. (fp)

Lessig on Google, copyright, orphans, and the future of access to information. (kw)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Kristina on Spring 2010: Is the Window Open?

    • PrometheeFeu on The Advantages and Disadvantages of Rewards

    • PoNyman on Very scary poll results

    • Civ Pro King on Privacy Rights in Death Photos: Catsuouras Case Decided

    • ParatrooperJJ on Privacy Rights in Death Photos: Catsuouras Case Decided

    • Lotta on The Take Away About Take Home Exams

    • Alan on Constitutional Rorschach Test (or Zen Koan)

    • Colin Crowe on The Take Away About Take Home Exams

    • Glomarization on Links and short thoughts on Amazonfail

    • Vinca on Book Review: Divergent Opinions: Why Community Matters — A Review of Sunstein’s Going to Extremes

    • A.J. Sutter on My Letter to the Economist on Climate Change

    • Keri Brooks on Spring 2010: Is the Window Open?

    • Illinois on Spring 2010: Is the Window Open?

    • Ken Rhodes on Constitutional Rorschach Test (or Zen Koan)

    • Ken Rhodes on My Letter to the Economist on Climate Change

  •  

    Site Meter

The Inequality/Insecurity-Industrial Complex

posted by Frank Pasquale

photo_01.jpgIf you want to see a film where lawyers are unabashedly portrayed as “the heros,” the free-wheeling documentary Manda Bala would be a great choice. Brazilian AG Claudio Fonteles and other attorneys pursue a corrupt politician for years. I won’t spoil the ending, but rather focus on how the film’s other main theme–the kidnapping crisis in Sao Paulo–challenges the idea that lawyers drag down the economy by redistributing (rather than creating) wealth.

Sao Paulo’s population of 20 million is a study in extremes. Millions lack basic infrastructure, but there is more money concentrated there than the rest of Latin America combined. Recalling Lang’s Metropolis, the upper class lives in high-rises and country houses, maintaining a massive fleet of helicopters to avoid the favelas and traffic below. The helicopters aren’t merely a convenience: an epidemic of kidnapping has made driving (even in bulletproof cars) extremely dangerous. The movie draws an uncomfortable parallel between the politicians who siphon off state funds designated for the poor northern provinces, and the kidnappers who demand ransom from wealthy urbanites: “One steals with the pen, the other with the gun.”


But any suggestion of moral equivalence fades away as the brutality of the kidnappers becomes apparent. Some cut off victims’ ears, to prove they “mean business.” At this point the film takes a surprising turn, interviewing a wealthy plastic surgeon who has pioneered ear reconstructions via transplants of autologous rib cartilage. Other members of the inequality/insecurity complex earn profits by providing bulletproof cars or courses on how to escape from kidnappers. An entrepreneur plans to “chip” customers with a GPS positioning system that can home in on signals put out by a subcutaneous pellet.

photo_07.jpgHere’s one reporter’s response to the film:

[T]he cottage industries sprouting up around crime in Brazil tell us [something] about our own GDP valuation. When you’re looking at a completely different cultural context, where entrepreneurs are filling needs like digit replacement, car bullet-proofing, and personal microchip implantation (so you can be traced if kidnapped), it’s easy to see that not all economic growth is good growth.

Compared to those expenditures, lawyering designed to keep officeholders honest seems quite valuable–even if it “produces” nothing.

The reporter called the film a “kinetic and brutal tour of decadence, wealth and corruption,” and I think I’d agree if the director didn’t insist on having so much of it said twice (once by the interviewee, another time by a translator). Nevertheless, the juxtaposition of the film’s bleak subject matter and brilliant soundtrack of Brazilian music made it unforgettable for me.

The film’s director doesn’t have high hopes for it changing much in Brazil:

Q: What do international organizations do when they’re dealing with this kind of corruption?

JK: It’s institutional in Brazil. It’s from the inside out. So, this isn’t supposed to be an activist film . . . .It’s not going to change anything. So, I really don’t consider this an activist film. I think, you know, documentaries at their best can serve as a historical marker of where any society is at that moment. History’s important, right? It’s good to know what the hell’s going on. So, I don’t think a movie like this or simple, little changes can do anything. Brazil is a very big country — it’s the size of the continental United States. It’s very, very wealthy with 160 some odd million people. Illiteracy rates are over 50%. It’s a third world country with first world cities.

To think that it may be only the “rule of law” that keeps the U.S. from going in the same direction. We need to safeguard that type of government accountability, as this example of “signing statements” shows:

Aug. 8, 2005: The Department of Energy, the Nuclear Regulatory Commission and its contractors may not fire or otherwise punish an employee whistle-blower who tells Congress about possible wrongdoing.

Bush’s signing statement: The president or his appointees will determine whether employees of the Department of Energy and the Nuclear Regulatory Commission can give information to Congress.

One of the core lessons of administrative law is that the government ought to be kept accountable. Manda Bala shows what happens when this ideal fades.


 August 26, 2007 at 7:41 am   Posted in: Law and Inequality   Print This Post Print This Post

Responses (1)

  1. Patrick S. O'Donnell - August 26, 2007 at 11:06 am

    I trust the libertarians and “free marketeers” among us will now explain how Sao Paulo exemplifies the importance of private wealth creation through private property and voluntary exchange.

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Nate Oman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Adam Benforado
Mark Edwards
Michelle Harner
Kristin Johnson
Jeffrey Kahn
Alex Kreit
Viva Moffat
Adam Steinman










Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress