Blog

  • Choices

    Wow, what a week. This week a number of us 10 years out reflected on a variety of positive and negative role models in the legal profession: one broke into the next level, one is at the pinacle of the profession, and one reflecting on the next generation. On the other, one hid all, one revealed all, and one fell to their demise. I don’t know sometimes — it is just too much.

    In about 2 hours, I’ll be in a car on the way to Atlantic City for a one day conference, staying overnight in the Sheraton. Should be fun. It’s also going to be the first trip that I don’t take the laptop – that’s a little scary.

  • TGIF! or How Weather is Weird

    Nor’easter – signs of… snow? Well, drizzle and flurries, anyway. Umm, this must also mean that May is going to turn out beautiful – sunny and pleasant – or else we’re facing a heat wave in “spring.” All the more to remember that Earth Day is coming; let’s save the Earth!

    Umm, yeah, I am waiting for the return of “Heroes.”

    Alma Mater Law School’s AALSA Alumni dinner on Wednesday night – good food as usual; the inspirational speeches; the realization that yes, we APAs (and APA women as a subgroup) have ways to go.

    Yahoo posts this AP article on Beijing’s National Aquatics Center (where the Olympics swimming events will be held) as a “Bubble Wrap” building. Seeing the pictures – well, I kind of see what they mean. Feels like you want to pop the bubbles. Then again, I’m just not into modern architecture – just feels weird, period.

    With the upcoming 40th anniversary of the US Supreme Court’s decision in Loving v. Virginia (legalizing interracial marriage), the trend in the US demonstrates a rise in interracial marriage; how this changes race issues and how America views the issue of race — well, our country is a work in progress – the democratic experiment (warts and all) – and how the diverse people in this country relate to one another – well all of that continues.

    A link on a literary blog led me to this: an article on Qiu Xiaolong, the Chinese mystery writer based in St. Louis. Quite interesting.

  • Wintery Easter and Awaiting Real Spring

    NY Times has an op-ed from Scott Turow, novelist and criminal defense attorney, who notes the dilemma in DNA evidence in criminal law: what does this mean for statute of limitations, if we can prove who did what x years ago?

    The law is a fluid thing, and there is an inherent unfairness in initiating a prosecution decades later when legal rules and community expectations have changed. If a jury — or the police and prosecutors — now strongly disapprove of conduct to which they would have once turned a blind eye, it’s natural to wonder whether the defendant would have acted the same way in today’s ethical climate.

    Statutes of limitations have also traditionally embodied a moral judgment that if a person has lived blamelessly for a significant time, he should not have the anxiety of potential prosecution hanging over him forever. Violent crimes are usually the province of young men, and it is often the case that one of the principal purposes of the criminal justice system — keeping the criminally inclined off the streets — vanishes with time. [….]

    And if we decide that today’s scientific evidence should allow the statute of limitations to be removed on more serious offenses like rapes, kidnappings and hate crimes, there will be a push to remove the statute for lesser offenses too. It’s an inevitable consequence that in investigating old and serious crimes, evidence of more minor offenses will emerge.

    Identifiable DNA will turn up in the saliva underneath the stamp on a threatening letter a murder victim received, or in a smudged and otherwise unreadable fingerprint on currency stolen during a bank robbery in which hostages were taken. Having committed the resources to cold-case investigations, the police and prosecutors will be reluctant to allow those newly provable offenses to go unpunished, especially when, as in examples like these, there is reason to suspect that the offender also committed the more serious crime.

    The wide variables — the gravity of the offense, the strength of the new evidence, the difficulty of mounting an effective defense, the degree to which changed expectations drive the new prosecution — call for applying balancing tests in deciding whether a statute of limitations should be exceeded in a given case. But criminal law, generally speaking, is the legal area that most favors clear rules, both to rein in prosecutorial discretion and to give fair notice to everybody — victims, perpetrators and the community at large — about what to expect.

    Pushed to choose, most contemporary legislatures inevitably vote to toughen criminal rules, and thus we can expect statutes of limitations to be eliminated or tightened in future years. And with their retreat will go an element of lenience that has always reflected the complex moral judgments that are necessary when crimes fall under the lengthening shadow of time.

    Columbia Law’s Prof. Tim Wu (and Slate contributor) tries to travel in Thailand using Wikitravel, only to find that the travel guide Lonely Planet is far better a resource. Hmm. Guess you don’t have to be a law prof to see that – but good persuasive writing on the prof’s part (well, no, you don’t have to persuade me to stick with travel books).

    Last but not least: been watching NBC’s “Raines,” starring Jeff Goldblum – developing some fondness for the show, which has its charms. I want to like Goldblum’s Detective Michael Raines, the creative eccentric traumatized over losing his partner and realizing that his talent of imagining and talking to murder victims may help him solve cases; problem is, I feel like I’m watching Goldblum, not Raines (not to say that Goldblum’s not a good actor – he is – I just wish they’d let his character develop organically a little better). At the least, Raines is a sensitive guy – a nice guy, even. Hope he can keep at it; nice guys don’t always win (kind of why House manages to last as long as he has, and so has Jack Bauer, for that matter).

    The supporting cast seems very interesting. Matt Craven – the character actor who keeps coming back on tv – yeah! – this time, as Raines’s captain, who figures Raines needed psychological help (no, really?) and forces him to take it. And, Linda Park – formerly Ensign Sato of “Star Trek: Enterprise,” trying to prove that, yes, there is life after Star Trek (good for her, really; her character on “Raines” seems to have some moxie; then again, she plays a uniformed cop – even better, to show that APA’s as cops are out there). Madeline Stowe as Raines’ tough cookie psychiatrist – hmm. Curious to see how she’ll either help or hinder Raines. I suspect she has chemistry with Raines’ captain – but I’ve only seen the first two or three episodes, so depends on what’s next.

    It can’t help to be on Friday nights, though – well, for ratings’ purposes anyway. The mysteries so far are at least interesting, and give something different than what’s been portrayed about L.A., or at least a little more compassion than how other cop shows have been demonstrating.

    Tuesday’s “House” was funny, but left much to be desired. Poor Dr. Chase’s heart will be ripped out and crushed by Dr. Cameron – when the rather-narrow-minded colleagues kept thinking that Cameron was going to be the one hurt by the outcome of the Cameron-Chase affair (ah, undermining the stereotype that women get more emotional involved in relationships than men). Dr. Wilson… well, he’s lonely – and foolish as usual when it concerns women. And, House… well, he’s House.

  • Chew on this…..

    Take a while to read and chew on its implications of ourselves….. Pearls Before Breakfast

  • Gooder Friday

    Week’s recap: lots of eating out this past week. Trying out Google’s new My Maps feature: I’ve made a map of the places I’ve been this past week and a half. I’ll make another map with the places I’m just booked trips to. Next Saturday is a conference in Atlantic City, which I’ve actually never been to before. In June, I’m taking P and my mom to my cousin’s wedding in Toronto.

    Had to do a mass mailing this past week (not email – the old-fashioned U.S. mail kind.) It’s really a lot of work doing it by hand. P helped out a lot.
    Speaking of mailing, USPS is coming out with new Star Wars stamps!!! Very nice. They are going to be sold at 41 cents, which will be the new first class rate come May 1.

  • Friday/Saturday

    Having just gotten cable tv this week, it’s kind of funny to think that we have more channels, but still not that much substance to watch. At the least, we now have mucho sports – very exciting to see the Mets doing really, really well in the first four games of the season. Of course, let’s not get too giddy – this is a marathon, not a sprint, and there’s some 160 games to go before the post-season.

    Although, I sometimes still wonder if having baseball season begin in the beginning of April is a little too nutty – when games are postponed because of 20-something degree windchill (cold-outs?) or snow-outs (not rainouts)…

    NY Times’ Edward Rothstein’s examining the development and prospects of Colonial Williamsburg seemed very well written and gave a lot of thought on how we think about history, or what history is really doing to us:

    Colonial Williamsburg, where all this took place (about 150 miles south of Washington), is variously called a historical village or a living museum. But that means much more now than it once did. Aside from dramatizing historical controversies, the town is also caught up in living ones: debates about who writes history and how it is told, about what historical realism is and how it should be portrayed, even about what aspects of our past are to be celebrated in this strange combination of education and entertainment.

    Everything here, for example, is from late-18th-century Virginia, with crucial exceptions including: no slavery apart from the dramatizations (although until just a few decades ago here forms of discrimination and segregation were still commonplace), flush toilets and freshly painted buildings as carefully tended as suburban developments, which in some ways Colonial Williamsburg resembles.

    One doesn’t really step into the past here, or in any of the other historical villages developed after Colonial Williamsburg’s pioneering success…. nothing seems quite real. Reproductions and renovations and innovations intermingle, creating an image of the past so carefully constructed that it is a re-creation in all senses of the word.

    But what an astonishing enterprise it is, and what a difficult task Colonial Williamsburg now faces. It was always meant to be an inspiration. In the early 20th century the Rev. William Archer Rutherfoord Goodwin, rector of the local parish, imagined creating “a living shrine that will present a picture, right before our eyes, of the shining days” when the town was “a crucible of freedom.” He won the support of John D. Rockefeller Jr., who later said the historical village “teaches of the patriotism, high purpose and unselfish devotion of our forefathers to the common good.” At its opening in 1934 President Franklin D. Roosevelt visited and pronounced its central Duke of Gloucester Street “the most historic avenue in all America.” Since then almost every president has toured the premises; President Ronald Reagan even held an economic summit of industrialized nations here in 1983.

    But that symbolic weight may now be a burden. This living museum’s very point — a celebration of the origins of the United States — is often greeted with skepticism. In their preoccupation with this country’s past flaws and failures, organizers of the nearby Jamestown’s 400th-anniversary events in May have shunned the term celebration in favor of commemoration.

    Even if it were flush with cultural confidence, though, can a 301-acre historical village now hope to compete with more extravagant theme parks? … there were 745,000 paid visitors in 2006 — but the peak was in 1985 with 1.1 million. [….]

    Meanwhile Colonial Williamsburg has been changing its symbolic character. Instead of offering itself as a model colonial town, it presents itself as a town whose colonial past provides an opportunity to explore the United States’ defining dramas. As Richard Handler and Eric Gable point out in their 1997 book, “The New History in an Old Museum: Creating the Past at Colonial Williamsburg,” the perspective changed under the influence of social and political historians in the 1970s. For the most part (and to the disappointment of those authors), this has meant not radical self-skepticism, but the establishment of a broader perspective, understanding, for example, as the institution’s literature has said, “how patriots and loyalists reached their different points of view.”

    It has also meant incorporating something previously ignored. As its Web site puts it: “During the 18th century, half of Williamsburg’s population was black. The lives of the enslaved and free people in this Virginia capital are presented in re-enactments and programs by Colonial Williamsburg’s Department of African American Interpretation and Presentations, founded in 1988.” Black craftsmen and guides are now familiar figures, as are interpreters playing the roles of slaves. [….]

    Williamsburg … really was Virginia’s capital, a Southern counterpart to Boston, a political incubator for ideas about governance and liberty, where one of the colonies’ first newspapers, The Virginia Gazette, was published. But after the capital moved to Richmond in 1780 under Gov. Thomas Jefferson, Williamsburg descended into sleepy irrelevance until Rockefeller secretly began to buy up houses in the late 1920s, under Goodwin’s guidance. [….]

    It is impossible to stroll the village without feeling that sense of artifice, beginning with an introductory film shown in the cavernous Visitor Center. A 1957 historical mini-epic, “Williamsburg: The Story of a Patriot,” invokes the sentiments of its cold war era, being “dedicated to the principles of liberty wherever and whenever they may be threatened.” Shot on site, the film can veer toward camp, with its images of smiling plantation slaves and story of a landowner won over by Patrick Henry’s revolutionary convictions.

    The film is dated in manner and vision, but for all its flaws, it still has an effect: It dramatically captures many of the colonial era’s issues, provides a sense of the period and reasons to pay attention to it, and provokes curiosity. Ultimately, its sentiments seem far less dated than they do at first.

    That same shift takes place while experiencing Colonial Williamsburg itself. The place is artificial and always was. But the debates I witnessed that rainy day among gentry legislators and anxious slaves provided glimpses of the significance and character of colonial-era Williamsburg; the repeated exposure to crafts seriously executed gave some sense of the devotion and labor that characterized colonial culture; and the hints of pain and shadow were enough to suggest the complications of the past, without eclipsing reasons to celebrate it.

    It is not the injustices that make Williamsburg unusual, but the steps taken there to seek more just forms of governance. The place’s artifice eventually casts its spell, even while acknowledging that artifice is indeed at work. Perhaps that makes Colonial Williamsburg more postmodern than colonial.

    The strange realization that Hugh Laurie’s breakthrough as House is leading a trend of Brits coming to America to play… Americans.
    The British are coming, indeed.

    NY Times’ Mark “The Minimalist” Bittman on making homemade falafels.

    NY Times’ website posts in advance the article on 36 Hours in Hong Kong. Is their itinerary any good? Well, since I’m no expert, I’ll let others on this blog determine that.

  • It was March Madness; Now It’s April…?

    Florida Gators win NCAA Men’s tournament. Pretty good game, actually, even if Ohio State (with the quite good Oden and Connelly) couldn’t quite beat Florida (where the guys played like a team – what spirit, really). And, scarier – my bracket survived: I had picked Florida… now if only I can win the lottery; then I’d be set for life!

    Too bad about the Rutgers’ Womens basketball team – Tennessee bested them in the NCAA Women’s tournament. Ah well. At least the ladies had the metro area a little more excited about Rutgers athleticism.

    In the category of “good grief”: KITT 2000 – KITT of the old ’80’s show “Knight Rider” – is up for sale. Or, at least, a version of him that was filmed for tv and that doesn’t go into Super Pursuit Mode or make snide remarks in the voice of actor William Daniels (aka Mr. Feeney of the 1990’s tv show “Boy Meets World” – is there any other actor that has captured the imagination of the young for two decades?). Personally, I had no idea that Williams Daniels is a Brooklyn native – imagine KITT with a Brooklyn accent.

    Oh God. I actually remember “Super Pursuit Mode.” Man, did I watch too much Knight Rider back in the day.


    Prehistoric whale fossil… in inland Italy
    ?


    Was Jane Austen pretty… and does it matter
    ?

    Monday night: I attended NYU Law School’s APALSA’s Korematsu Lecture – speaker: Judge A. Wallace Tashima – he discussed the Japanese Peruvian experience of being interned in the US during World War II and briefly his own childhood experience at an internment camp during World War II. Apparently, during the war, US pursued a policy of protecting the Western hemisphere by interning persons who seen as the enemy (I think the Monroe Doctrine made that work, even though various Latin Americans countries were officially neutral on the war), forcibly removing Japanese Peruvians to Americans camps.

    Things didn’t get that much better when the war was over, because Peru didn’t want the Japanese Peruvians back (talk about racism there), and the US viewed the Japanese Peruvians as “illegal aliens” (never minding that the US brought them to the country in the first place). The status became the loophole that prevented the Japanese Peruvians from collecting a larger amount in the reparations in 1988. It’s an interesting story, and thought it was fascinating that Judge Tashima discussed it and demonstrated the parallels to the current usage of Guantanamo Bay. History repeating itself; dare we learn from our past? Hmm.

    Coincidentally, the NY Times published an article on the parallels of the Japanese-American internment and the experience of Muslim immigrants.

    It’s that time of year: college acceptances out to the nervous high school seniors. Loved this headline in the Times: “Rejected by Harvard? Your Valedictorian Probably Was Too.” It’s getting really competitive when Alma Mater’s admissions rate is down to slightly less than 9 percent, or you have the realization that Harvard rejected 91% of applications. Every year it gets crazier – you got to save the world first before you can get to college? You apply on-line to more than 10 colleges? And, then you complain when NYU, Wesleyan, and UMichigan accepted you, but – say – an Ivy didn’t? Relax: NYU, Wesleyan and UMich aren’t exactly low tier and you might have ended up where you meant to be. Besides, the riches of choices for the colleges are making us alumni look embarrassing, the second linked article notes (and certainly highlighted what I’ve wondered):

    The competition was ferocious not only at the top universities, but at selective small colleges, like Williams, Bowdoin and Amherst, all of which reported record numbers of applications.

    Amherst received 6,668 applications and accepted 1,167 students for its class of 2011, compared with the 4,491 applications and 1,030 acceptance letters it sent for the class of 2002 nine years ago, said Paul Statt, an Amherst spokesman.

    “Many of us who went to Amherst three decades ago know we couldn’t get in now; I know I couldn’t,” said Mr. Statt, who graduated from Amherst in 1978.

  • The Week That Went

    Life is busy – sigh.

    Belated link: Newsweek’s Jonathan Alter on the coverage of the Edwardses’ story – Elizabeth’s cancer, and John’s continued presidential campaign – from last week. He picked up on the Daily News’ publication of Jane Ridley’s writing on how she felt disturbed about what she thought was the Edwardses’ selfishness. Alter notes:

    I’m paid to judge other people, but some things should be beyond judgment. I’d put John and Elizabeth Edwards’s decision to keep campaigning in that category. Anyone who, like me, has had cancer knows this. Tony Snow, whose colon cancer has spread to his liver but who plans to come back to work, gets it. Radio talk show host Laura Ingraham, herself a breast-cancer survivor (and, like me, in remission), said as much on the TODAY Show Tuesday. When it comes to cancer, judge not, lest you be judged someday, if you should be so unlucky. [….]

    Ridley’s core argument—a fairly common reaction—is that the Edwards’s invocation of service “rings hollow to every mother in the land.” Every mother? This isn’t about ambition trumping love of children and it takes a lot of nerve to suggest that it is. It’s about how to cope with the worst news imaginable. Ridley and the other know-it-alls around the water cooler are essentially telling Elizabeth to give up. “If I had given up everything that my life was about, I’d let cancer win before it needed to,” Elizabeth told Couric. She said she wasn’t ready to “start dying.”

    That’s not ego speaking, but a genuine reaction to her predicament. No one can say how you—or anyone else—will react until actually faced with a devastating diagnosis. In my case—and Tony Snow’s, Laura Ingraham’s, Jay Monahan’s (the late husband of Katie Couric) Elizabeth Edward’s and hundreds of thousands of others—the choice was to try to hold onto as much of our old life as humanly possible. Don’t judge that.

    I remembered reading the Ridley writing in the Daily News and feeling rather shocked by how – well – visceral? judgmental? – the sentiment was. There are those who have personal misgivings about what the Edwardses are doing, but I’d have to agree: who are we to judge? At most, our duty is to vote on whether Edwards can be president; what about his wife or their kids – well, is it really for us to say? It’s not nearly as simple as we might think, and it’s their decision, so it’s not as if we’re privy to what’s going on in their minds or hearts.

    I didn’t think Katie Couric did a bad job with the “60 Minutes” interview, since she asked hard questions (I was more concerned that she’d end up asking softball questions) that had to be asked (and the Edwardses did good jobs answering them, clearly demonstrating that they’re lawyers who prepare, prepare, prepare – not crumple over the hard questions and bravely heading forward – and still came off feeling like human beings who you wouldn’t wish this to happen) and then I was struck by remembering how Couric’s husband had passed away because of cancer and she has her own crusade against cancer. The Edwardses and Couric, and Alter – models of life moving on, putting aside what we may think politically or whatnot. Time’s Swampland blog in March had some great commentary on this topic too, with Jay Carney and Ana Marie Cox discussing what the Edwardses’ actions mean (apologies for not posting the direct links).

    And, in light of the condition of White House press man, Tony Snow, and how cancer is something testing our world today, perhaps it’s no surprise that Alter’s experience gets this coming week’s cover of Newsweek – it’s very well-written, I have to say.

    Went to the Opening Ceremony of Asian Pacific American Awareness Month (APAAM) at Alma Mater on Wednesday night. Great keynote speaker: Evelyn Hu-DeHart of Brown University, reminding us of the historical struggle of APA in becoming part of America. Entertainment was pretty cool – spoken word by Giles Li, and performance by the student bhangra group. Bhangra? The group was terrific – great enthusiasm, great dancing, and certainly highlighted the diversity of APAs; where were they when I was an undergrad? 😉

    Saturday: Of course, putting up with the usual weekend vagaries of MTA subway service into Manhattan. Ah, well – wasn’t so bad, since I got out of Brooklyn way early in the morning (sick, I tell you). Attended Dean’s Day at Alma Mater, where there were (a) free access to Internet at terminals (ah, institutions of higher learning!); (b) terrific lunch (chicken, asparagus; dessert! thanks to some kind of donation or other); and (c) closing reception with even more food. Oh, and lectures from amazing professors on developments of literature, environment, history, etc. I had the good fortune of picking some interesting stuff to attend, I have to say, and the networking was interesting.

    Ah, another week ahead.

  • Interesting

    B- went back to the US early this morning…. Had the whole day to sleep and was wonderfully relaxing and alone….

    This is one of the NYT best articles I’ve read recently.

    Came across this very interesting fellow named Dale and his cast of friends @ Distract.

    Hope everyone is doing well and a good April’s Fools day 🙂

  • It’s Now or Never

    This video could be fun for certain members of this board…

    Brooklyn Restaurant Week winds down, and we tried to make the most of it. Tuesday, Dakar on Atlantic. Good Indian food, although the kitchen was freaking out because they had a surprise health department inspection during the dinner hour. They passed, but everything that came out of the kitchen was either super hot or super cold.

    Wednesday I had a dinner meeting at Evergreen, followed by karaoke at Japas 38 across the street (see video). Enough said.

    Thursday, Queen Italian restaurant. P had linguine with octopus and olive ragu, I had the gnocchi with veal and mushroom sauce. Yum yum yum.

    Friday, we had 2 for 1 at the Atlantic Chip Shop. Fried Macaroni, Cod and Chips, and Fried Twinkies. Super fried!!!

    More eating this weekend…..