Category: Culture

1

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.

1

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?

Read More

109

Starbucks’ Secret Menu

starbucks.jpg

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.

5

John Paul Stevens In Picture And Song

stevens1a.jpg premises_stevenshotel.jpg

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.

6

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

0

Fanny Ellison

fannyellison.jpg

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.

Read More

0

Voices from the Past

locexslave.gif

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.

0

Rocks, SOX, and roundhouse kicks

As all securities lawyers know, the Sarbanes-Oxley Act introduced new provisions relating to codes of ethics. Section 406 of the Act requires that companies disclose whether they have a code of ethics for their senior financial officers, and if not, the reason why not. This has led many companies to adopt codes of ethics.

I don’t think that the market has realized how simple this requirement actually is. As with most other areas of life, the best course here is simply to follow the guidance of Chuck Norris. To make this easier, Chuck has provided a clear list of “Chuck’s Code of Ethics.” (link via sharp-eyed reader Steve Evans). A company simply needs to adopt the list wholesale, and it can’t go wrong. chuck-ethics.jpg

What does Chuck’s code provide? A few highlights:

“I will develop myself to the maximum of my potential in all ways.

I will forget the mistakes of the past and press on to greater achievements.

I will always be in a positive frame of mind and convey this feeling to every person that I meet. . .”

Does Chuck’s code meet the requirements of Item 406 of Reg S-K? You might as well ask, “Does Chuck Norris have a beard?”

Read More

5

Why Blawging is Bad For Law

Hello Folks.

I’ve joined Co-Op today from Prawfsblawg. This is by my count the fifth time I’ve introduced myself at a new blog-home. That makes me a bit of an itinerant blogger. It is also pretty ironic, because I generally think that the institution of blogging/blawging threatens to fundamentally disrupt some very valuable aspects of how law is currently organized, administered and transmitted.

To take an example I posted on recently on Prawfs, consider what happens to the common law when the primary sources which form its skeleton — judicial opinions – become the fodder for the entertainment of an audience of millions of eager web-surfers. Yes, I’m talking about you, Howard. It isn’t that How Appealing, and like blawgs, are bad. Indeed, I visit Howard’s blawg every day, and it is an invaluable resource. It is that Howard’s popularity, and the increasing linking of opinions by the MSM-online, provides incentives for judges to write witty, funny, entertaining, short, glib opinions, instead of careful, boring, technically precise ones. That is, to the extent that lower-court judges want to be noticed and profiled by (kind of silly) websites like these, it makes sense to be more like Scalia and Douglas than Souter and Rutledge.

Some might protest: surely federal judges don’t care much about having their opinions widely publicized? They have life tenure, and they care only about not being reversed. But the motivations of federal judges seem to me to be an open question, and I think that if I could somehow chart the growth of funny and media friendly opinions, we’d see a small bump beginning with the introduction of WL and a huge increase in the last five years.

So, why is this bad?

To find out, you’ll have to visit here again, as I will be retuning to this topic soon.

0

eBay and Unfortunate Wardrobe Choices

Thanks to Dan, Kaimi & Nate for inviting me to guest blog this week. I feel a bit like I’ve been tossed the keys to a fancy sports car (one with lots of cool gadgets!), and so I alternate between a desire to floor it and a fear of driving into a telephone pole.

ebay.gif On that note, let me start with a weighty post on how eBay is making the world more efficient by freeing up articles of clothing that would otherwise remain consigned to the backs of closets everywhere. See, for example, the following auction for “DKNY Men’s Leather Pants I Unfortunately Own“:

You are bidding on a mistake.

We all make mistakes. We date the wrong people for too long. We chew gum with our mouths open. We say inappropriate things in front of grandma.

And we buy leather pants.

Click here to see the rest of the auction text.