americana

The US is becoming less democratic

history, law, politics / /

From Tony Judt’s “The New World Order” (The New York Review of Books: 14 July 2005):

For there is a precedent in modern Western history for a country whose leader exploits national humiliation and fear to restrict public freedoms; for a government that makes permanent war as a tool of state policy and arranges for the torture of its political enemies; for a ruling class that pursues divisive social goals under the guise of national “values”; for a culture that asserts its unique destiny and superiority and that worships military prowess; for a political system in which the dominant party manipulates procedural rules and threatens to change the law in order to get its own way; where journalists are intimidated into confessing their errors and made to do public penance. Europeans in particular have experienced such a regime in the recent past and they have a word for it. That word is not “democracy.”

The US is becoming less democratic Read More »

An empire cannot be created by a republic

history, law, politics / /

From Tony Judt’s “The New World Order” (The New York Review of Books: 14 July 2005):

Historians and pundits who leap aboard the bandwagon of American Empire have forgotten a little too quickly that for an empire to be born, a republic has first to die. In the longer run no country can expect to behave imperially – brutally, contemptuously, illegally – abroad while preserving republican values at home. For it is a mistake to suppose that institutions alone will save a republic from the abuses of power to which empire inevitably leads. It is not institutions that make or break republics, it is men. And in the United States today, the men (and women) of the country’s political class have failed. Congress appears helpless to impede the concentration of power in the executive branch; indeed, with few exceptions it has contributed actively and even enthusiastically to the process.

An empire cannot be created by a republic Read More »

Illegality practices by the US in the “War on Terror”

history, law, politics / /

From Tony Judt’s “The New World Order” (The New York Review of Books: 14 July 2005):

The unrepublican veneration of our presidential “leader” has made it uniquely difficult for Americans to see their country’s behavior as others see it. The latest report from Amnesty International – which says nothing that the rest of the world doesn’t already know or believe but which has been denied and ridiculed by President Bush – is a case in point. The United States “renders” (i.e., kidnaps and hands over) targeted suspects to third-party states for interrogation and torture beyond the reach of US law and the press. The countries to whom we outsource this task include Egypt, Saudi Arabia, Jordan, Syria (!), Pakistan – and Uzbekistan. Where outsourcing is impractical, we import qualified interrogators from abroad: in September 2002 a visiting Chinese “delegation” was invited to participate in the “interrogation” of ethnic Uighur detainees held at Guantánamo.

At the US’s own interrogation centers and prisons in Iraq, Afghanistan, and Guantánamo Bay, at least twenty-seven “suspects” have been killed in custody. This number does not include extrajudicial, extraterritorial “targeted assassinations”: a practice inaugurated by Benito Mussolini with the murder of the Rosselli brothers in Normandy in 1937, pursued with vigor by Israel, and now adopted by the Bush administration. The Amnesty report lists sixty alleged incarceration and interrogation practices routinely employed at US detention centers, Guantánamo in particular. These include immersion in cold water to simulate drowning, forced shaving of facial and body hair, electric shocks to body parts, humiliation (e.g., being urinated upon), sex-ual taunting, the mocking of religious belief, suspension from shackles, physical exertion to the point of exhaus-tion (e.g., rock-carrying), and mock execution.

Any and all of these practices will be familiar to students of Eastern Europe in the Fifties or Latin America in the Seventies and Eighties – including the reported presence of “medical personnel.” But American interrogators have also innovated. One technique has been forcibly to wrap suspects – and their Korans – in Israeli flags: a generous gesture to our only unconditional ally, but calculated to ensure that a new generation of Muslims worldwide will identify the two countries as one and hate them equally.

All of these practices – and many, many others routinely employed at Guantánamo, at Kandahar and Bagram in Afghanistan, at al-Qaim, Abu Ghraib, and elsewhere in Iraq – are in breach of the Geneva Conventions and the UN Convention against Torture, to both of which the US is a signatory

Illegality practices by the US in the “War on Terror” Read More »

America, a militarized society

history, law, politics / /

From Tony Judt’s “The New World Order” (The New York Review of Books: 14 July 2005):

[Andrew] Bacevich is a graduate of West Point, a Vietnam veteran, and a conservative Catholic who now directs the study of international relations at Boston University. He has thus earned the right to a hearing even in circles typically immune to criticism. What he writes should give them pause. His argument is complex, resting on a close account of changes in the US military since Vietnam, on the militarization of strategic political thinking, and on the role of the military in American culture. But his conclusion is clear. The United States, he writes, is becoming not just a militarized state but a military society: a country where armed power is the measure of national greatness, and war, or planning for war, is the exemplary (and only) common project.

Why does the US Department of Defense currently maintain 725 official US military bases outside the country and 969 at home (not to mention numerous secret bases)? Why does the US spend more on “defense” than all the rest of the world put together? After all, it has no present or likely enemies of the kind who could be intimidated or defeated by “star wars” missile defense or bunker-busting “nukes.” And yet this country is obsessed with war: rumors of war, images of war, “preemptive” war, “preventive” war, “surgical” war, “prophylactic” war, “permanent” war. As President Bush explained at a news conference on April 13, 2004, “This country must go on the offense and stay on the offense.”

Among democracies, only in America do soldiers and other uniformed servicemen figure ubiquitously in political photo ops and popular movies. Only in America do civilians eagerly buy expensive military service vehicles for suburban shopping runs. In a country no longer supreme in most other fields of human endeavor, war and warriors have become the last, enduring symbols of American dominance and the American way of life. “In war, it seemed,” writes Bacevich, “lay America’s true comparative advantage.” …

For Bacevich’s deepest concern lies closer to home. In a militarized society the range of acceptable opinion inevitably shrinks. Opposition to the “commander in chief” is swiftly characterized as lèse-majesté; criticism becomes betrayal. No nation, as Madison wrote in 1795 and Bacevich recalls approvingly, can “preserve its freedom in the midst of continual warfare.”[12] “Full-spectrum dominance” begins as a Pentagon cliché and ends as an executive project.

America, a militarized society Read More »

Ways different cultures view technology

tech in changing society, technology / /

From Spare me the details (The Economist: 28 October 2004):

Genevieve Bell, an anthropologist who works for Intel, the world’s biggest semiconductor-maker, has been travelling around Asia for three years to observe how Asians use, or choose not to use, technology. She was especially struck by the differences in how westerners and Asians view their homes. Americans tended to say things like “my home is my castle” and furnish it as a self-contained playground, says Ms Bell. Asians were more likely to tell her that “my home is a place of harmony”, “grace”, “simplicity” or “humility”. These Asians recoiled from gadgets that made noises or looked showy or intrusive.

Even within western cultures, Ms Bell, who is Australian, has found startling differences in the way people view technology. When she recently opened her laptop in a café in Sydney to check her e-mail on the local wireless network, using a fast-spreading technology called Wi-Fi, she immediately got a mocking “Oi, what do you think you are, famous?” from the next table. “For Americans, adopting technology is an expression of American-ness, part of the story of modernity and progress,” says Ms Bell. For many other people, it may be just a hassle, or downright pretentious.

Ways different cultures view technology Read More »

Weegee at work

history / /

From Holland Cotter’s “‘Unknown Weegee,’ on Photographer Who Made the Night Noir” (The New York Times: 9 June 2006):

A freelancer by temperament, he had long-term gigs with The Daily News, The Daily Mirror and the left-leaning daily PM. His beat was the inner city, and everything was raw material: the good and the bad, but mostly the bad. He liked nights because he had the photographic turf to himself but also because the best bad things happen at night, under the cover of darkness. Vandals make their mark; hit men practice their trade; people get crazy.

Like a boy scout, he was always prepared. He prowled the streets in a car equipped with a police radio, a typewriter, developing equipment, a supply of cigars and a change of underwear. He was a one-man photo factory: he drove to a crime site; took pictures; developed the film, using the trunk as a darkroom; and delivered the prints.

He often finished a job before the cops had cleared the scene, in some cases before they even arrived. About certain things he was clairvoyant. (Weegee = Ouija, as in board. Get it?) He caught catastrophes in the making and filmed them unfolding. An opportunist? A sensationalist? A voyeur? You could call him all that. He wouldn’t mind. “Just get the name right. Weegee the Famous.”

He was in the right place at the right time. New York from the Depression through World War II was a rude, crude town. No heat in winter, way too much in the summer. Immigrants poured in; there was barely enough room to hold them. Native-born workers felt the competition for jobs and space, resented it. The melting pot was on a constant boil.

Weegee at work Read More »

Joan Didion on life in Los Angeles

history, language & literature, politics / /

From Marc Weingarten’s “The White Album“:

Among the many piercing flashes of insight to be found in [Joan Didion’s] The White Album’s essays, many of which were written between 1968 and 1979 for publications like Esquire, The Saturday Evening Post, and The Los Angeles Times Book Review, is one overarching fact of L.A. life – that it exists on a very slippery foundation. Here was an arid desert landscape adjacent to the Pacific that received its water over 200 miles away from the Central Valley, that built its houses on an active seismic fault, that was prone to brush fires, flooding and earthquakes. It was a city in denial of its own instability. …

But it was more than just the events of that darkest year of the sixties that gave Didion intimations of impending doom. She understood what so many failed to grasp about Los Angeles, especially all of those outsiders who migrate here seeking eternal good health, good weather and untold riches: That life here tends to be about as stable as mercury on glass, and therefore not prone to snug feelings of security and safety. …

Joan Didion on life in Los Angeles Read More »

Kids forcibly sent to re-education programs

business, education, law / /

From Nadya Labi’s “Want Your Kid to Disappear?” (Legal Affairs: July/August 2004):

RICK STRAWN IS AN EX-COP WHO STARTED HIS COMPANY in 1988 to help police officers find off-duty work guarding construction sites. Ten years later, he was asked by a member of his United Methodist church to transport the churchgoer’s son to Tranquility Bay in Jamaica. The school is run by the World Wide Association of Specialty Programs, a company headquartered in Utah that owns eight schools in the United States and abroad, including Louis, Jr.’s destination. …

Three years ago, Strawn escorted Valerie Ann Heron, a 17-year-old from Montgomery, Ala., to Tranquility Bay. The school is the most hardcore in the WWASP system, the one to which students are sent when they repeatedly cause trouble at other schools. …

The world according to Strawn is based on choices and consequences. The world according to WWASP is designed to reinforce the same principle. Students enter Casa by the Sea at the first of six levels. To advance, they have to earn points through good behavior and schoolwork. Until they reach level three, which takes an average of three months, they can communicate with the outside world only through letters to their parents, which the school monitors. After that, they can talk on the phone to their parents but no one else.

Casa costs nearly $30,000 for a year – as much as a year’s tuition at Harvard – but offers no traditional academic instruction. Instead the schoolwork is self-paced; the students sit at tables with a workbook and take a test on a section when they decide they’re ready. They can retake the same test as many times as necessary to achieve an 80 percent passing grade. According to the Casa parent handbook, the school does not ensure that “the student will even receive any credits” or that the teachers who monitor the study sessions will have U.S. credentials. The school does not track how many of its students go on to high school or college. “You’re not going to have a teacher riding your back,” Dalton told Louis. “It’s all independent study. I just read the module, and did the test. I finished class in a week. That’s how easy it is.”

Students spend more time studying themselves than any other subject. They write daily reflections in response to self-help tapes and videos such as Tony Robbins’s Personal Power, You Can Choose, and Price Tag of Sex. They answer questions like “What feelings/emotions did I experience today and how did I choose to respond?”

Students also attend, and eventually staff, self-help seminars. The entry-level seminar, called Discovery, encourages participants to “learn to interrupt unconscious mental and emotional cycles which tend to sabotage results.” Kelly Lauritsen participated in Discovery at Casa in 2000 and said she was encouraged to hit the walls with rolled towels to release her anger. The price of tuition includes versions of these seminars for parents. Like Oprah on speed, sessions run nonstop from morning until midnight. Many parents and kids say they benefit from the self-analysis. “I didn’t realize that I had so much anger inside,” the 14-year-old girl whom Strawn transported in November wrote to her mother. …

Strawn told Louis that the hardest thing about Casa would be abiding by the school’s intricate system of discipline. “It’s not the big rules that get you. It’s all the little rules,” Strawn said. Casa docks students, according to its handbook, for telling “war stories” about inappropriate experiences, for being unkind to each other, and for making “negative statements about the School, the staff, the country, or other students.”

“There’s a whole page of rules,” said Shannon Eierman, who attended Casa last year. “That page is divided into sections of categories, into different codes, and a million subcategories. You could be there forever and the next day and learn a new rule.”

Students at Casa who commit “Category 5 infractions” can be punished with an “intervention,” for example, which is defined as being left alone in a room. Students say that the punishment can last for weeks, though Casa insists that the maximum penalty is three days. “I had to sit with crossed legs in a closet for three days,” said Kaori Gutierrez, who left Casa in 2001. Interventions may be used to punish out-of-control behavior, drug use, and escape attempts. But they’re also the way the school handles “self-inflicted injuries,” which can range from cracked knuckles to self-mutilation with pens or paper clips to an attempted suicide.

At the root of this long list of punishable violations is “manipulation,” which includes lying or exaggerating. Strawn repeatedly uses the word to dismiss a kid’s behavior – it’s the way he said Valerie Heron acted the day before her suicide. In the WWASP universe that he inhabits, manipulation is a term of art that refers to just about anything a teen does or says that the staff doesn’t like.

Kids forcibly sent to re-education programs Read More »

Smallest state park in the USA

commonplace book, history, politics / /

From Gideon Lewis-Kraus’s “The Water Rush” (Oxford American):

Anywhere else, the four and a half acres of muddy, flat grass cross-hatched by asphalt paths and crowned by a green-pink-and-white gazebo would be the town park. Here in Berkeley Springs[, West Virginia], population 663, “the country’s first spa,” it is a state park. It is, in fact, the smallest state park in the nation. Along the embankment on the west side of the park is a camp of low-slung yellow-brick buildings that house the Berkeley Springs, font of the town’s hydrocentric entertainments. Besides the springs, the town’s attractions include antique malls, craft shops, acupuncturists, and a homeopathy museum.

Smallest state park in the USA Read More »

Soviet-style society & the US

politics / /

From Jim Marcinkowski’s “National Security: The Attack on the Constitution“:

Over the past 30 years, I have served this country in a variety of positions from the FBI to the CIA, and as a lawyer and a prosecutor …

We fought the Soviets and I fought the Soviets because they had a fatally flawed, intolerable system of government where (and think about this):

The government was always right and never apologized;

Any dissent was suppressed, ridiculed, banned or worse;

Secret prisons were denied and never acknowledged or spoken about;

The torture of captives (in Lubyanka) was condoned;

State incarceration was not subject to the checks and balances of a legal system;

Economic plans, like for oil, were established/determined in closed sessions between politicos, commissars and production managers, far outside public view, and where government claimed privilege in so doing;

Wages were set at the lowest common denominator, no matter what Bloc country you were in;

Government agents had access to your medical records, your library records, your telephone, and your e-mail.

A place where judicial power and judicial review were proclaimed concepts, but simply ignored in application;

Where criminal records of young adults were closed to all but the military;

Where a Constitution was a mere facade and ignored by state actors.

Any dissent, debate and protest were deemed unpatriotic;

The public media was bought, paid for, and provided by the state;

The military clandestinely and shamelessly influenced the national media and public opinion;

A place where wrong was declared right;

Where tapping a phone was like tapping a pencil;

Where lying was considered a patriotic skill;

The extraction of natural resources was paramount to any concern for the environment and the impact on the health of its people;

Where the use of “state secrets,” (those things embarrassing to the government) were confused with legitimate issues of “national security”;

A place where “secrecy” and “national security” were used to control debate;

Where legitimate secrecy, was subject to political use and abuse;

Where “legislators” were mere mouthpieces for and rubberstamps of whoever was in power;

Where you lived and died with the permission of the government;

A place where foreign policy was more important than domestic concerns;

Where fear was used as a political weapon and an acceptable means of control;

Where the best medical care was reserved for the influential;

Where wealth was concentrated in the top 5%;

A place where there was no middle class – just a small economic and political elite, and the working poor.

… Since 1995 the Republican Party and its friends in the American corporate structures that so vigorously contribute to and support them have – in the space of a decade – created in this country more than the beginnings of a system that this country spent 50 years trying to dismantle.

Soviet-style society & the US Read More »

Why courts don’t use legal-size documents any longer

history, law / /

From Suzanne Snider’s “Old Yeller” (Legal Affairs: May/June 2005):

The legal-size legal pad has been under attack since as early as 1982, when then Chief Justice Warren Burger banished legal-size documents from federal courts. One informal survey estimated Burger’s move saved almost $16 million through more efficient use of storage space. Several states followed the federal government’s lead …

Why courts don’t use legal-size documents any longer Read More »

A history of the public notice

business, history, law, politics / /

From Sasha Issenberg’s “On Notice” (Legal Affairs: July/August 2005):

In the Middle Ages, the Crown designated a half-dozen sites in London where a herald would read proclamations from the king. These announcements first found their way into print in 1665 when the London Gazette, considered the first English-language newspaper (at least as we now understand the term), began publishing. It was the Crown that put out the Gazette, and thus the newspaper was little more than a broadsheet filled with public notices.

In the 1690s, private competition reached the London newsstand. Yet even those newspapers that were not published directly by the government continued to seek its consent and imprimatur. In 1704, across the Atlantic, a newspaper called The Boston Newsletter hit the streets of the Hub; like many early American newspapers, it bore the slogan, “Published by Authority.” Though newspapers had ceased to exist merely for the purpose of publishing government decrees, they continued to run the notices as proof of the papers’ journalistic credibility. “Unlike in our day, it was looked at as an act of authenticity,” says Charles Clark, a professor emeritus of history at the University of New Hampshire who wrote about early American newspapering in a book called The Public Prints.

Sometimes these announcements appeared under the rubric “Proclamations for Royal Government,” Clark explained, but usually papers “just printed the notices in what we would think of as the news columns – even though that distinction is a bit of a stretch for those days. In many instances the notices constituted the news.” (Toward the end of the 18th century, according to Clark, newspapers also began to feature private-sector legal announcements: creditors demanding payment were popular. “The most frequent things,” Clark said, chuckling, “are men putting in notices: ‘My wife is leaving my bed and board. I shall no longer be responsible for her debt.’ “) …

In 1789, among the acts of the first session of the Congress was a directive to the secretary of state to publish all bills, orders, resolutions, and votes in at least three newspapers.

For its efforts at transparency, the fledgling government was rewarded with an increasingly suspicious press. During the 1790s, the Philadelphia-based Gazette of the United States made it clear that government would not be left to speak for itself through notices; the paper placed a correspondent in Congress. “He reported what he saw, not the official words,” Clark said. After the election of George Washington, the colonial press that had cuddled with government gradually became American media that sought to establish distance from it. In addition to soliciting the government for announcements, the press began to cover the government journalistically. …

A history of the public notice Read More »

Bird in Flight, Brancusi, & US Customs law

business, history, law / /

From Stéphanie Giry’s “An Odd Bird” (Legal Affairs: September/October 2002):

After a weeklong journey from France, crates of sculptures by Constantin Brancusi arrived in New York harbor on the steamship Paris, escorted by the artist Marcel Duchamp. It was October 1926 and the sculptures were to be exhibited in the city at the avant-garde Brummer Gallery. United States Customs officials opened the crates and uncovered 20 mysterious disks, eggs, and flame-like forms of carved wood, polished metal, or smooth marble. One work in particular left them dumbfounded: a thin, 4 1/4-foot-tall piece of shiny yellow bronze with a gently tapering bulge called Bird in Space. It didn’t look like a bird to the officials, so they refused to exempt it from customs duties as a work of art. They imposed the standard tariff for manufactured objects of metal: 40 percent of the sale price, or $240 (about $2,400 in today’s dollars). …

Under pressure, the customs office agreed to reconsider its decision. In the meantime, it released Bird in Space and other sculptures, on bond and under the classification “Kitchen Utensils and Hospital Supplies,” so they could be exhibited at the Brummer Gallery and then at the Arts Club in Chicago.

Both shows were successes, but in February 1927 the federal customs appraiser F.J.H. Kracke confirmed his office’s initial finding that any sculptures Brancusi sold in the United States, like Steichen’s Bird, would be subject to duty. In an interview with the New York Evening Post, Kracke explained his ruling: “Several men, high in the art world were asked to express their opinions for the Government…. One of them told us, ‘If that’s art, hereafter I’m a bricklayer.’ Another said, ‘Dots and dashes are as artistic as Brancusi’s work.’ In general, it was their opinion that Brancusi left too much to the imagination.”

The next month, Steichen filed Brancusi v. United States to appeal customs’ decision. Abstract Art was now on trial. …

Six influential figures testified for Brancusi: Steichen, who was an established photographer; the sculptor Jacob Epstein; Forbes Watson, the editor of the review The Arts; Frank Crowninshield, the editor of Vanity Fair; William Henry Fox, the director of the Brooklyn Museum of Art; and the art critic Henry McBride. The witnesses for the government, the sculptors Robert Aitken and Thomas Jones, now long forgotten, enjoyed great academic reputations at the time. Judge Young was new to the Customs Court. The 75-year-old Waite had been serving on it and its earlier incarnation, the Board of General Appraisers, for 25 years.

Also present in the courtroom as Exhibit 1 was the Bird, which sat on a table, shimmering and soaring toward the ceiling while the lawyers debated whether it was an “original sculpture” or a metal “article or ware not specially provided for” under the 1922 Tariff Act. For the Bird to enter the country duty-free under the act, Steichen’s lawyers had to prove that Brancusi was a professional sculptor; that the Bird was a work of art; that it was original; and that it had no practical purpose.

By 1927 and after four one-man shows in New York, there was little question that the 51-year-old Brancusi was recognized as a professional sculptor – controversial perhaps, but definitely well-known. There was also little question that the Bird had no utility, even though the customs office had released it under the classification “Kitchen Utensil.”

But because Brancusi had shown four other bird sculptures like Steichen’s at the Brummer show, it wasn’t clear whether Steichen’s was the only one of its kind. And it was far from clear whether the Bird could be called art, because it looked like nothing anyone had ever seen before.

During the hearing, Judges Young and Waite placed great emphasis on the Bird’s title. The Tariff Act didn’t require that sculptures be realistic, but under a 1916 Customs Court decision called United States v. Olivotti sculptures qualified as art works only if they were “chisel[ed]” or “carve[d]” “imitations of natural objects,” chiefly the human form representing such objects “in their true proportions.” …

When he was 26, according to legend, Brancusi set out on foot on the 1,200-mile journey to Paris; however he got there, in 1904 he enrolled at the prestigious école des Beaux Arts. The decade that followed was marked for him by poverty, hard work, and eventually a place in the avant-garde community among Duchamp, Ezra Pound, Amedeo Modigliani, and Erik Satie, who would become his friends and transforming influences. At an exhibit in Paris in 1906, Auguste Rodin, then the towering figure in sculpture, spotted one of Brancusi’s pieces and invited him to work in his studio. Brancusi declined because he believed “nothing grows well in the shadow of a big tree.” …

But to Thomas Jones, a professor at Columbia who testified for the customs office, the Bird was “too abstract and a misuse of the form of sculpture.” Robert Aitken, the government’s other witness, said that art should “arouse an unusual emotional reaction” and “[stir] the esthetics, the sense of beauty.” …

Every work [by Brancusi] was unique and made of a different material, with different proportions and a different harmony. Brancusi had carved variations of the Bird out of white, yellow, and black marble and bronze of varying composition, each time coaxing the stone or the metal to reveal something new about the form. As Brancusi explained, all of those pieces were part of the same search: “All my life I’ve been looking for one thing, the essence of flight.” …

The court’s sensibility favored Brancusi. In its decision of November 1928, drafted by Judge Waite, the court held:

The object now under consideration … is beautiful and symmetrical in outline, and while some difficulty might be encountered in associating it with a bird, it is nevertheless pleasing to look at and highly ornamental, and as we hold under the evidence that it is the original production of a professional sculptor and is in fact a piece of sculpture and a work of art according to the authorities above referred to, we sustain the protest and find that it is entitled to free entry.

Judge Waite’s decision was seen as a victory not only for Brancusi but also for avant-garde art, because it dismissed the Olivotti requirement and recognized the importance of a new school that “portray[ed] abstract ideas rather than … imitate natural objects.” …

But the decision’s focus on the decorative qualities of the Bird made the ruling just as perishable as the standard in the 12-year-old one it replaced. And its reliance on the judges’ personal taste made its application perhaps more arbitrary and restrictive. Many of the works that made the renown of Duchamp, the chaperon of the Bird on its trip to New York and one of its staunchest defenders, would not have passed the test, for example. Duchamp’s “ready-made” sculptures of a bottle rack (Bottle Dryer, 1914) and a urinal (Fountain, 1917), objects he borrowed from daily life and, with more than a hint of irony, labeled works of art, would not have satisfied Judge Waite’s taste for the “beautiful,” “symmetrical,” and “ornamental.”

The Brancusi decision may have done away with the requirement that sculptures must be figurative to be art, but it took years for customs law to shed other unreasonable limitations on the free import of artwork. In 1931, tapestries were deemed dutiable because they were made of wool – the material determined the artistic merit. In 1971, the customs court found that six carved door panels destined for a church were dutiable because, as part of the doors, they were utilitarian objects. It wasn’t for 61 years, until the Harmonized Tariff Schedule of 1989, that customs law allowed free entry to works that are both artistic and functional.

Bird in Flight, Brancusi, & US Customs law Read More »

James Jesse Strang, Mormon King of Michigan

history, politics, religion / /

From Geoffrey Gagnon’s “King James I, of Michigan” (Legal Affairs: September/October 2005):

One letter that isn’t on display is the one that James Jesse Strang said he received from Smith just before the Mormon leader was murdered in June 1844. In the letter, which now resides in a university library, Smith bequeaths the nascent Mormon Church to Strang – a new friend, a Mormon of just five months, and, of all things, a lawyer. “If evil befall me,” Smith wrote to Strang in the letter, “thou shalt lead the flock to pleasant pastures.”

Strang’s rivals, among them Brigham Young, dismissed the missive as a forgery and Strang as an unworthy successor to Smith. Yet a couple of hundred church members – Joseph Smith’s widow, mother, brother, and sisters among them – believed the letter was authentic and that it granted church leadership to Strang. A disgusted Brigham Young took his followers west to Utah and built what is now the fastest growing religion in the United States. Strang took his followers to a remote island in Lake Michigan and declared the place his sovereign kingdom.

Hold up the palm of your right hand and you’re looking at a map of Michigan’s lower peninsula. Thirty miles off the coast of your ring finger sits Beaver Island, a 55-square-mile island on the inland sea of Lake Michigan. Only one building survives from Strang’s sojourn, a museum in which Strang artifacts fill one room. …

An old metal press, long since disappeared, once filled the building’s big front room. Strang used the press to spit out the Northern Islander, the region’s first newspaper, and to print his magnum opus, The Book of the Law of the Lord. The long-winded tome of decrees includes what Strang described as the lost transcription of the meeting between Moses and God on Mount Sinai. …

He settled, for the time being, on being a lawyer. “I should rather be the best hunter in an Indian tribe than a commonplace member of the New York bar,” he wrote. But a decade of legal practice yielded little more than common accomplishments, and little more power than that which was afforded him in his capacity as the postmaster of Chautauqua County. …

Strang met the church’s leader after making the acquaintance of Smith’s brother Aaron, who lived near Strang in Wisconsin. Initially, he wasn’t impressed with Joseph Smith, describing him in his diary as a man of “meager education.” Smith, however, seems to have been smitten with Strang’s intelligence. Within weeks of meeting Strang, Smith baptized him, and just weeks after that, he named him a church elder.

Strang, who as a teen was tossed out of the local Baptist church for questioning its precepts, had called himself the “perfect atheist” before moving West, but once on the frontier he realized he might command from the pulpit the power that had eluded him. Strang didn’t bother to familiarize himself with Mormon doctrine until long after he was a church leader. …

In June of 1844, an anti-Mormon crowd killed Joseph and Hyrum Smith. At the instant Smith met his demise, Strang claimed that he received a visit from an angel who anointed his head with oil and declared him the leader of the Mormons. A few days later, a letter to the same effect, purportedly mailed by Joseph Smith before his death, arrived in Strang’s hand. His years as a postmaster, perhaps, had not been wasted. …

Strang and his followers arrived on Beaver Island in the spring of 1847 and spent three difficult summers recruiting followers before he was convinced he had enough subjects to make a respectable kingdom. In 1850, with 200 followers on hand in an unfinished log tabernacle, Strang enlisted a traveling Shakespearean actor named George Adams to muster all the pomp and circumstance he could. Strang appeared before an audience of several hundred on a moss-stuffed seat, wearing a giant red flannel robe trimmed in white. Adams came before the crowd and placed a makeshift crown on Strang’s head, anointing him King James the First. Taking hold of a two-foot wooden pole, Strang returned the favor and named Adams his prime minister.

IN THE SPRING OF 1851, NOT YET A YEAR after Strang had taken royal possession of Beaver Island, the sound of waves helped cover the midnight approach of a rowboat full of troops and U.S. Marshals. Carrying government-issue revolvers, the men slipped toward the glow of an oil lamp in a square log house. Expecting a fight, they instead found the small village of St. James asleep. Marines lay on the deck of the iron-hulled Michigan, armed and ready to charge the beach. But no shots were fired. Within an hour of coming ashore, the landing party had matter-of-factly taken the king into custody. …

President Millard Fillmore, who had entered office the day after Strang’s coronation, reportedly received news of the frontier king from his brother, Charles Fillmore, who lived in Detroit. He soon began hearing about the king from prominent members of his party as well, who pressured the president to take action. Among them was Abraham Lincoln’s 1858 Senate rival, Stephan Douglas, who was wary of giving the South a secession movement to point to in the North. Fillmore instructed his attorney general and the secretary of the Navy to arrest the king. …

Judge Ross Wilkins told the prosecution that because the king and his followers hadn’t engaged in war against the United States or aided enemies of the nation in doing so, the king couldn’t be convicted of treason. That left the federal government with charges against Strang of trespassing on federal land, counterfeiting coins, and obstructing the mail. …

The next morning they delivered a verdict of not guilty. …

STRANG RETURNED FROM DETROIT AND DECLARED HIS TRIAL VICTORY a mandate for his absolute rule. He modernized the kingdom with roads (the King’s Highway, recently resurfaced, is still traveled), managed a lumber export business and a booming fishing trade, and enacted progressive conservation laws (“Ye shall preserve the trees by the wayside. And if there be none, ye shall plant them”). He even appointed garbagemen to keep the kingdom clean.

A year after his win in court, Strang won election to the Michigan Legislature, representing the island and a huge swath of the northern woods, and he commuted to the mainland to serve a pair of two-year terms. He deigned to recognize Michigan’s government, he said, because he saw that as engaging in international relations with a neighboring country. …

After his court victory, Strang’s absolute power began to corrupt him, if not quite absolutely, then bizarrely. He had a fixation with fashion that led him to decree that, for reasons of health, women should wear only loose fitting, knee-length bloomers as opposed to anything that “pinches or compresses the body or limbs.” The king’s stance, and the resulting uproar, unraveled the kingdom. When a collection of outspoken wives refused to don their new pants, Strang had their husbands flogged with a willow whip for “endeavoring to incite mischief and crime.” He reprimanded his subjects in print as well. “We laugh in bitter scorn at all these threats,” he wrote, using the royal we, in what proved to be one of the final issues of the Northern Islander.

Less than two weeks later, a mob of angered husbands, still smarting from their willow lashings, ambushed the king. Strang was pistol-whipped and then felled by an assassin’s bullet. … When Strang fell, pillaging mainlanders flooded the island to drive the Mormons away. The kingdom was scattered and soon forgotten to all but a handful of us Michiganders.

James Jesse Strang, Mormon King of Michigan Read More »

The secret plans of Libertarians revealed

commonplace book, politics / /

From The New York Times‘ “1 Cafe, 1 Gas Station, 2 Roads: America’s Emptiest County“:

At last count (by Sheriff Hopper toting it up in his head), 16 people make Mentone their home and 55 others are spread throughout the rest of Loving County’s 645 square miles of parched, salty West Texas grassland and rattlesnakes — about one person for every nine square miles. …

Yet it is modest enough, as a plaque outside the courthouse confesses: “Mentone has no water system (water is hauled in) nor does it have a bank, doctor, hospital, newspaper, lawyer, civic club or cemetery.”

And since Mentone is the only town, neither does Loving County.

What it does have is the Boot Track Café (open mornings), a post office, a gas station and the yellow Deco two-story courthouse. There are two roads. There is no operating church, although the county’s oldest building, a 1910 schoolhouse, is open for nondenominational worship. Seven children ride a school bus 33 miles to Wink in the next county.

… The material described the plans of a Libertarian faction in its own words “to win most of the elected offices in the county administration” and “restore to freedom” Loving County. The blueprint, called “Restoring Loving County,” said that land was hard to come by but that a ranch had been split up and members were in the process of buying sections.

“The people who are living there will be able to register to vote,” it said. “They must swear that they intend to make Loving their home.”

The goal, said an e-mail message attributed to a group member, was to move in enough Libertarians “to control the local government and remove oppressive regulations (such as planning and zoning, and building code requirements) and stop enforcement of laws prohibiting victimless acts among consenting adults such as dueling, gambling, incest, price-gouging, cannibalism and drug handling.”

The secret plans of Libertarians revealed Read More »

The new American community: affinity vs. proximity

social software, tech in changing society / /

From “Study: Want Community? Go Online” [emphasis added]:

Nearly 40 percent of Americans say they participate in online communities, with sites around hobbies, shared personal interests, and health-related issues among the most popular. That’s according to a survey conducted by ACNielsen and commissioned by eBay.

The survey was conducted in late September. Of 1,007 respondents, 87 percent say they are part of a community. Of those, 66 percent say they participate in shared personal interest sites. Next comes hobby sites (62 percent), health community sites (55 percent), public issues sites (49 percents), and commerce sites (47 percent). Others participate in social or business networking sites (42 percent), sports sites (42 percent), alumni sites (39 percent), or dating sites (23 percent).

“We are finding that affinity is quickly replacing proximity as the key driver in forming communities,” said Bruce Paul, vice president of ACNielsen. …

“I think that a lot of people initially connect [on online communities] because they share information, which for a site like eBay is beneficial because they learn and grow from each other,” said Rachel Makool, director of community relations for eBay. “Then, of course, relationships form, and they grow from there.”

Researchers note that among offline communities, only membership in religious congregations (59 percent), social groups (54 percent), and neighborhood groups (52 percent) are more common than participation in online communities (39 percent). Professional groups (37 percent), activity groups (32 percent), school volunteer groups (30 percent), and health/country clubs (31 percent) came in behind online communities.

The study also shows that though 30 percent of online community members interact on a daily basis, only 7 percent of offline community members interacted that often. It also reveals that 47 percent of offline communities have an online component, such as e-mailing or chatting online.

The new American community: affinity vs. proximity Read More »

Terrifica, a superhero for our times

commonplace book, weird / /

From ABC News:

Terrifica, a superhero for our times For the past seven years Terrifica has been patrolling New York’s party and bar scene, looking out for women who have had a little too much to drink and are in danger of being taken advantage of by men. She says she has saved several women from both themselves and predators who would prey upon their weaknesses — both from alcohol and a misguided notion that they have to go out drinking to find a companion.

“I protect the single girl living in the big city,” says Terrifica, sporting blond Brunhild wig with a golden mask and a matching Valkyrie bra. “I do this because women are weak. They are easily manipulated, and they need to be protected from themselves and most certainly from men and their ill intentions toward them.” …

“To feel like you have to go to a bar, to put yourself out there, feeling like you have worth only when you’re married, engaged, or have a boyfriend, that’s weakness,” Terrifica says. “People are happiest when they’re alone and living their solitary lives.” …

“I really only have my utility belt. I’m not superstrong. I’m from this Earth,” she says. “I know I have to be very cautious. But the difference is I’m sober. And drunk people who are hostile are still drunk people. I have a degree of control, and my mission and purpose can usually get me out of dangerous situations.”

However, Terrifica does carry pepper spray in her utility belt, which also includes a cell phone, lipstick, a camera to take pictures of alleged male predators, a logging book, Terrifica fortune cards and — last but not least — Smarties candies. …

“Bartenders tend to be men, and they tend to be attracted to me,” she says. “Most men are. That’s part of my power.” …

Terrifica has also become somewhat of a nemesis to one alleged Casanova in particular: A man who likes to dress in velvet and prefers to be called “Fantastico.” He says that over the years, Terrifica has thwarted his attempts on numerous occasions to get to know women a little better. …

But while Terrifica has never addressed Fantastico directly, her alter-ego Sarah has. Sarah says she was seduced by Fantastico years ago.

Terrifica, a superhero for our times Read More »

The spirit of the real Texas Rangers

commonplace book, history, overheard, true stories / /

I rather like this, even if it’s probably not true:

The story goes that Captain Jack Hayes and his men, the fabled Texas Rangers, were surrounded and vastly outnumbered during one of the many skirmishes of the Mexican War. He made the following prayer, certainly one of the most colorful ever made before battle: “Oh Lord, we are about to join battle with vastly superior numbers of the enemy, and, Heavenly Father, we would like for you to be on our side and help us; but if you can’t do it, for Christ’s sake don’t go over to the enemy, but just lie low and keep dark, and you’ll see one of the damndest fights you ever saw in all your born days. Amen.”

As I said, probably apocryphal, but a great story nonetheless.

The spirit of the real Texas Rangers Read More »