Comments for Culture Forum Blog http://www.forumonlawcultureandsociety.org/blog Just another WordPress weblog Fri, 27 Jan 2012 23:12:04 -0500 http://wordpress.org/?v=2.8.4 hourly 1 Comment on The Truth Behind Sleepers by Sugar Lanskee http://www.forumonlawcultureandsociety.org/blog/2009/11/20/the-truth-behind-sleepers/comment-page-1/#comment-60038 Sugar Lanskee Fri, 27 Jan 2012 23:12:04 +0000 http://www.fordhamlawandculture.org/blog/2009/11/20/the-truth-behind-sleepers/#comment-60038 Naturally, the RCC and Law Enforcement weigh in on the side of the bad guys. Naturally, the RCC and Law Enforcement weigh in on the side of the bad guys.

]]> Comment on The Constitution Indefinitely Detained by Jackie McMahon http://www.forumonlawcultureandsociety.org/blog/2012/01/13/the-constitution-indefinitely-detained/comment-page-1/#comment-59575 Jackie McMahon Wed, 18 Jan 2012 22:19:43 +0000 http://www.forumonlawcultureandsociety.org/blog/?p=2771#comment-59575 Perhaps the ease with which this law was passed does not represent ignorance on the part of the American people, but rather widespread support for such a law and the desire to avoid another atrocity like 9/11. Perhaps the ease with which this law was passed does not represent ignorance on the part of the American people, but rather widespread support for such a law and the desire to avoid another atrocity like 9/11.

]]> Comment on The Path to Practice: Becoming Bartleby by Dan Molloy http://www.forumonlawcultureandsociety.org/blog/2011/10/25/the-path-to-practice-becoming-bartleby/comment-page-1/#comment-57703 Dan Molloy Thu, 22 Dec 2011 16:13:38 +0000 http://www.forumonlawcultureandsociety.org/blog/2011/10/25/the-path-to-practice-becoming-bartleby/#comment-57703 The idea of gaining one’s certification to practice law through an apprenticeship as opposed to the traditional law school route is definitely an interesting one. While Bartleby may be a figure deserving of pity (as the Lawyer notes in Melville’s short work) the apprenticeship path to pursing a law degree today seems more appealing in several regards than our own predicaments. Working under a mentor for several years, where individual attention and instruction, rather than large, impersonal lecture classes would be the norm, would seem to constitute an environment much more conducive to relaxed leaning than our current one. The end of semester rush to cram a semester worth of material into our heads in four days, just so we can outperform our classmates in mandated curve classes, and then forget everything we studied two days later, would not be an issue in the apprentice setting. While some states may require one year of law school before taking up an apprenticeship, this still seems like a decent tradeoff, as students, if choosing such a path, would only have to shoulder one as opposed to three years of debt. Either path requires long hours of detailed work, but if one is actually being compensated a small sum rather than paying an obscenely large one as she or he pursues a law degree, I definitely wonder whether I took the better route. The idea of gaining one’s certification to practice law through an apprenticeship as opposed to the traditional law school route is definitely an interesting one. While Bartleby may be a figure deserving of pity (as the Lawyer notes in Melville’s short work) the apprenticeship path to pursing a law degree today seems more appealing in several regards than our own predicaments. Working under a mentor for several years, where individual attention and instruction, rather than large, impersonal lecture classes would be the norm, would seem to constitute an environment much more conducive to relaxed leaning than our current one. The end of semester rush to cram a semester worth of material into our heads in four days, just so we can outperform our classmates in mandated curve classes, and then forget everything we studied two days later, would not be an issue in the apprentice setting. While some states may require one year of law school before taking up an apprenticeship, this still seems like a decent tradeoff, as students, if choosing such a path, would only have to shoulder one as opposed to three years of debt. Either path requires long hours of detailed work, but if one is actually being compensated a small sum rather than paying an obscenely large one as she or he pursues a law degree, I definitely wonder whether I took the better route.

]]> Comment on Something’s Fishy in the City of Syracuse by Dan Molloy http://www.forumonlawcultureandsociety.org/blog/2011/12/02/somethings-fishy-in-the-city-of-syracuse/comment-page-1/#comment-57702 Dan Molloy Thu, 22 Dec 2011 16:11:15 +0000 http://www.forumonlawcultureandsociety.org/blog/?p=2699#comment-57702 As someone who spent four years of college in Syracuse, I am not at all surprised by Jim Boeheim’s knee-jerk reaction to the initial allegations against Fine, nor is anything out of the ordinary with respect to the alleged conversation between Fine’s wife and Bobby Davis not coming to the fore until almost ten years after it took place. The city of Syracuse eats, sleeps, and breathes Syracuse University basketball. I have never seen a place whose collective mood so exclusively depends on the outcome of a sporting event. In some ways, I suppose this makes sense, though, as people need to find something to believe in and look forward to, especially in a place where the weather never provides that outlet. But joking aside, what was Fine’s wife thinking in possessing knowledge of her husband’s behavior and remaining silent? What was ESPN doing as the tape Davis had recorded incriminating Fine was in its possession in 2002 and it remained silent? Boeheim is a demigod up there. Joe Paterno may have been wildly popular before the scandal broke, but in the Syracuse area, there has never been and never will be someone like Jim Boeheim. A native of Central New York himself, loyalty to him is unshakable, which permits him to make blind and baselessly stupid observations such as his immediate dismissal of Fine’s accuser as being motivated by money. We don't know if Boeheim knew about any of Fine’s misconduct, but if it comes out that he did, I anticipate a different reaction in Syracuse than at Penn State. The reaction will be similar to that of Fine’s wife to the news: blind loyalty and continued infallible treatment regardless of how abhorrent and despicable the conduct in question. As someone who spent four years of college in Syracuse, I am not at all surprised by Jim Boeheim’s knee-jerk reaction to the initial allegations against Fine, nor is anything out of the ordinary with respect to the alleged conversation between Fine’s wife and Bobby Davis not coming to the fore until almost ten years after it took place. The city of Syracuse eats, sleeps, and breathes Syracuse University basketball. I have never seen a place whose collective mood so exclusively depends on the outcome of a sporting event. In some ways, I suppose this makes sense, though, as people need to find something to believe in and look forward to, especially in a place where the weather never provides that outlet. But joking aside, what was Fine’s wife thinking in possessing knowledge of her husband’s behavior and remaining silent? What was ESPN doing as the tape Davis had recorded incriminating Fine was in its possession in 2002 and it remained silent? Boeheim is a demigod up there. Joe Paterno may have been wildly popular before the scandal broke, but in the Syracuse area, there has never been and never will be someone like Jim Boeheim. A native of Central New York himself, loyalty to him is unshakable, which permits him to make blind and baselessly stupid observations such as his immediate dismissal of Fine’s accuser as being motivated by money. We don’t know if Boeheim knew about any of Fine’s misconduct, but if it comes out that he did, I anticipate a different reaction in Syracuse than at Penn State. The reaction will be similar to that of Fine’s wife to the news: blind loyalty and continued infallible treatment regardless of how abhorrent and despicable the conduct in question.

]]> Comment on Something’s Fishy in the City of Syracuse by Rob S. http://www.forumonlawcultureandsociety.org/blog/2011/12/02/somethings-fishy-in-the-city-of-syracuse/comment-page-1/#comment-57631 Rob S. Wed, 21 Dec 2011 21:37:38 +0000 http://www.forumonlawcultureandsociety.org/blog/?p=2699#comment-57631 First a quick update on ESPN's coverage: the third victim to come forward has stated that he spoke with an ESPN reporter exclusively to allege Fine's abuse, yet the story ended up in a local Syracuse newspaper instead of on any ESPN news outlet. If true, it's odd that they leaked this recent story to another agency, given the heat they took -- this blog included -- for sitting on the original story for so long. I think the cynicism about ESPN's intentions and integrity are well deserved. As an avid sports fan, I watch more than my share of the network and also frequently visit ESPN's website. Their coverage of what they categorize as news often cross-promotes upcoming games, news shows, and other ESPN media. Other transgressions abound. For example, Pat Forde, a friend and co-author with Rick Pitino, is often assigned to cover Pitino's team and rivals. Their journalistic integrity seems virtually non-existent. But I wonder if, given how ESPN makes money through entertainment, they can ever build that credibility. First a quick update on ESPN’s coverage: the third victim to come forward has stated that he spoke with an ESPN reporter exclusively to allege Fine’s abuse, yet the story ended up in a local Syracuse newspaper instead of on any ESPN news outlet. If true, it’s odd that they leaked this recent story to another agency, given the heat they took — this blog included — for sitting on the original story for so long.
I think the cynicism about ESPN’s intentions and integrity are well deserved. As an avid sports fan, I watch more than my share of the network and also frequently visit ESPN’s website. Their coverage of what they categorize as news often cross-promotes upcoming games, news shows, and other ESPN media. Other transgressions abound. For example, Pat Forde, a friend and co-author with Rick Pitino, is often assigned to cover Pitino’s team and rivals. Their journalistic integrity seems virtually non-existent. But I wonder if, given how ESPN makes money through entertainment, they can ever build that credibility.

]]> Comment on Occupy Wall Street: Have They Overstayed Their Welcome? by Rob S. http://www.forumonlawcultureandsociety.org/blog/2011/12/07/occupy-wall-street-have-they-overstayed-their-welcome/comment-page-1/#comment-57627 Rob S. Wed, 21 Dec 2011 21:09:04 +0000 http://www.forumonlawcultureandsociety.org/blog/2011/12/07/occupy-wall-street-have-they-overstayed-their-welcome/#comment-57627 I think that recent developments suggest the opposite; Occupy Wall Street's recent activity suggests their focus remains squarely on economic inequity an abuses of the banking industry. OWS is now assisting Brooklyn families in reverse red-lined communities, to fight against bank foreclosures. Where their occupation of Wall Street was largely a symbolic claiming of the land where the bankers did their deeds, the occupation of foreclosed homes seems like a direct confrontation of banking practices and their consequences for working families. I think that recent developments suggest the opposite; Occupy Wall Street’s recent activity suggests their focus remains squarely on economic inequity an abuses of the banking industry. OWS is now assisting Brooklyn families in reverse red-lined communities, to fight against bank foreclosures. Where their occupation of Wall Street was largely a symbolic claiming of the land where the bankers did their deeds, the occupation of foreclosed homes seems like a direct confrontation of banking practices and their consequences for working families.

]]> Comment on 11 Angry Men and the Reasonable Man by Christian M. http://www.forumonlawcultureandsociety.org/blog/2011/09/21/11-angry-men-and-the-reasonable-man/comment-page-1/#comment-57622 Christian M. Wed, 21 Dec 2011 20:30:58 +0000 http://www.forumonlawcultureandsociety.org/blog/2011/09/21/11-angry-men-and-the-reasonable-man/#comment-57622 Among the eighty or so law movies that I know of, I have to say that this is my favorite. It is reason unbridled, doubt portrayed in its essence and the strength of faith. To me, these things make 12 Angry Men so great. It’s because the movie comes from the theater stage (it was adapted from the same-titled play) that the actors’ performances are so vivid and profound. In these 12 men’s display, and in each of their personalities and character traits, I feel we find an aspect of ourselves. Not in so much that the accumulative result makes for one whole, but we as human being are not harmonious all of the time. We often contradict what we do, what we say, how we feel and how we behave around others. These twelve represent that, from the absolute logic second last dissenter, to childish baseball fan to the polite Austrian and prejudiced old man. What’s great about Fonda’s character is that he urges, almost necessitates, for all these different personalities to engage in a discussion with each other. Nonetheless, Fonda does not set any substantive threshold that his fellow jurors have to achieve. He’s only concerned about a right procedure. Graham writes that Fonda’s character is morally righteous and in a sense he is. He does the right thing by forcing his colleagues to think a little more about what they are doing. Or as Graham writes, to thoroughly examine all the evidence to try to determine what happened on the night in question. However, by focusing on procedural justice, or the path you have to take to find the truth most earnestly, Fonda is not actually concerned about really finding the truth and achieving a just result and resolution. He is not sure whether the boy is innocent of patricide or whether he is a cold blooded murderer. He does care though, but it must be remembered that Fonda is not a moral advocate or even a moral conscience. He's just a moral voice, a man guided by his own conscience and concerned about doing the right thing - but till an extend. He is not willing to be the only dissenter and fight for the cause on a lonely island of morality, amongst a vast ocean of legal injustice. He is only involved about making a fair attempt at the task at hand. Being 'morally righteous', let's say, talking about men like Atticus Finch or Martin Luther King, Jr., is a whole different ballpark. For instance, would Fonda’s character takes a stick of dynamite to his house, a brief opener to his chest, a lifetime of humiliation and still love his enemies and insist on scrutinizing the evidence? Or would he become his counter player, Mr. ‘You're damn right I’m excitable!’. Therefore, I invite Graham to explain further what he means with morally righteous. Among the eighty or so law movies that I know of, I have to say that this is my favorite. It is reason unbridled, doubt portrayed in its essence and the strength of faith. To me, these things make 12 Angry Men so great. It’s because the movie comes from the theater stage (it was adapted from the same-titled play) that the actors’ performances are so vivid and profound.

In these 12 men’s display, and in each of their personalities and character traits, I feel we find an aspect of ourselves. Not in so much that the accumulative result makes for one whole, but we as human being are not harmonious all of the time. We often contradict what we do, what we say, how we feel and how we behave around others. These twelve represent that, from the absolute logic second last dissenter, to childish baseball fan to the polite Austrian and prejudiced old man.

What’s great about Fonda’s character is that he urges, almost necessitates, for all these different personalities to engage in a discussion with each other. Nonetheless, Fonda does not set any substantive threshold that his fellow jurors have to achieve. He’s only concerned about a right procedure.

Graham writes that Fonda’s character is morally righteous and in a sense he is. He does the right thing by forcing his colleagues to think a little more about what they are doing. Or as Graham writes, to thoroughly examine all the evidence to try to determine what happened on the night in question.

However, by focusing on procedural justice, or the path you have to take to find the truth most earnestly, Fonda is not actually concerned about really finding the truth and achieving a just result and resolution. He is not sure whether the boy is innocent of patricide or whether he is a cold blooded murderer. He does care though, but it must be remembered that Fonda is not a moral advocate or even a moral conscience. He’s just a moral voice, a man guided by his own conscience and concerned about doing the right thing – but till an extend. He is not willing to be the only dissenter and fight for the cause on a lonely island of morality, amongst a vast ocean of legal injustice.

He is only involved about making a fair attempt at the task at hand. Being ‘morally righteous’, let’s say, talking about men like Atticus Finch or Martin Luther King, Jr., is a whole different ballpark. For instance, would Fonda’s character takes a stick of dynamite to his house, a brief opener to his chest, a lifetime of humiliation and still love his enemies and insist on scrutinizing the evidence? Or would he become his counter player, Mr. ‘You’re damn right I’m excitable!’.

Therefore, I invite Graham to explain further what he means with morally righteous.

]]> Comment on The Path to Practice: Becoming Bartleby by Christian M. http://www.forumonlawcultureandsociety.org/blog/2011/10/25/the-path-to-practice-becoming-bartleby/comment-page-1/#comment-57621 Christian M. Wed, 21 Dec 2011 20:30:03 +0000 http://www.forumonlawcultureandsociety.org/blog/2011/10/25/the-path-to-practice-becoming-bartleby/#comment-57621 Jacqueline raises the question of which two paths law aspiring lawyers can and should choose: law school or going Bartleby-style. I agree partly to her depiction of the situation and would like to add a further point. As to the first choice, the NYT article ‘Are Law Schools and Bar Exams Necessary?’ (http://www.nytimes.com/2011/10/25/opinion/are-law-schools-and-bar-exams-necessary.html?_r=2) shows that there are many advantages to dispelling the barriers that law schools pose. Reduction of legal costs, higher accountability, more jobs and not to mention lower debts. Said differently, the two paths that paths law aspiring lawyers can and should choose should be expended. As to the second path, Bartleby actually had it good as an apprentice. He had a loving and caring mentor; he could make his own hours, live in the office where he worked and follow his conscience. He could produce words, words yet unspoken by the mindless, fact regurgitating, sheep law students in the history of the legal world. Can you imagine a law student answering Prof. Kingsfield: ‘Why are you not answering the question Mr. Hart?' - 'I would prefer not to’?. No, Hart is sooner to lose his lunch in dumbfoundness to this Goliath. Also When was the last time a law student followed his conscience in his work? Law school just is not the place for that. Bartleby could, and did. Furthermore, Bartleby’s path provides a safe haven for the incurably forlorn. Law school occasionally does not and quickly rids away with the idiosyncratic people, chastising them in class for being unpopular and unwilling to go with the flow, while they are just being themselves. Overall, it would be a genius approach to dissolve the barriers that we unduly impose on the general access to justice. It would also mean that a shift in culture would occur among lawyers and a new chapter be written in the tradition of the legal profession. This shift would make ground for more Bartleby inspired human righteousness. Jacqueline raises the question of which two paths law aspiring lawyers can and should choose: law school or going Bartleby-style. I agree partly to her depiction of the situation and would like to add a further point.

As to the first choice, the NYT article ‘Are Law Schools and Bar Exams Necessary?’ (http://www.nytimes.com/2011/10/25/opinion/are-law-schools-and-bar-exams-necessary.html?_r=2) shows that there are many advantages to dispelling the barriers that law schools pose. Reduction of legal costs, higher accountability, more jobs and not to mention lower debts.

Said differently, the two paths that paths law aspiring lawyers can and should choose should be expended.

As to the second path, Bartleby actually had it good as an apprentice. He had a loving and caring mentor; he could make his own hours, live in the office where he worked and follow his conscience. He could produce words, words yet unspoken by the mindless, fact regurgitating, sheep law students in the history of the legal world. Can you imagine a law student answering Prof. Kingsfield: ‘Why are you not answering the question Mr. Hart?’ – ‘I would prefer not to’?. No, Hart is sooner to lose his lunch in dumbfoundness to this Goliath.

Also When was the last time a law student followed his conscience in his work? Law school just is not the place for that. Bartleby could, and did.

Furthermore, Bartleby’s path provides a safe haven for the incurably forlorn. Law school occasionally does not and quickly rids away with the idiosyncratic people, chastising them in class for being unpopular and unwilling to go with the flow, while they are just being themselves.

Overall, it would be a genius approach to dissolve the barriers that we unduly impose on the general access to justice. It would also mean that a shift in culture would occur among lawyers and a new chapter be written in the tradition of the legal profession. This shift would make ground for more Bartleby inspired human righteousness.

]]> Comment on Occupy the Internet: the Grassroots Movement Against SOPA by Nicholas Garcia http://www.forumonlawcultureandsociety.org/blog/2011/12/04/occupy-the-internet-the-grassroots-movement-against-sopa/comment-page-1/#comment-57582 Nicholas Garcia Wed, 21 Dec 2011 13:14:23 +0000 http://www.forumonlawcultureandsociety.org/blog/?p=2710#comment-57582 Kara, I would really like to hope your claim that SOPA "is unlikely that it will survive the political process" is true. However, I think it seems scarily possible that Congress is just going to attempt to outlast the public protests by putting the vote off till something new hits the newscycle and drives SOPA out of the minds of the masses. I think it will be up to social media and some of the big names on the internet to keep this misguided legislation at the forefront of discussion until it is unequivocally defeated. The internet has proven to be the last, best bastion of free speech and free thought. As such, battle over internet censorship and the protection of privacy and free speech in the digital realm are going to be some of the most important legal battles in the years to come. Unfortunately, I agree with you that legislation like SOPA is just going to continue to get churned out and backed by big media companies, but also by political forces that are going to feel increasingly threatened by the liberty that the internet affords the otherwise placated masses. If we want any lasting assurance that this liberty will be protected it is going to become necessary to change how people think about issues like piracy and intellectual property. Kara, I would really like to hope your claim that SOPA “is unlikely that it will survive the political process” is true. However, I think it seems scarily possible that Congress is just going to attempt to outlast the public protests by putting the vote off till something new hits the newscycle and drives SOPA out of the minds of the masses. I think it will be up to social media and some of the big names on the internet to keep this misguided legislation at the forefront of discussion until it is unequivocally defeated. The internet has proven to be the last, best bastion of free speech and free thought. As such, battle over internet censorship and the protection of privacy and free speech in the digital realm are going to be some of the most important legal battles in the years to come. Unfortunately, I agree with you that legislation like SOPA is just going to continue to get churned out and backed by big media companies, but also by political forces that are going to feel increasingly threatened by the liberty that the internet affords the otherwise placated masses. If we want any lasting assurance that this liberty will be protected it is going to become necessary to change how people think about issues like piracy and intellectual property.

]]> Comment on Evolutionary Racism by Nicholas Garcia http://www.forumonlawcultureandsociety.org/blog/2011/10/09/evolutionary-racism/comment-page-1/#comment-57571 Nicholas Garcia Wed, 21 Dec 2011 11:02:23 +0000 http://www.forumonlawcultureandsociety.org/blog/2011/10/09/evolutionary-racism/#comment-57571 Brilliant post. Comic books have been dealing with hard-hitting issues for decades, but they rarely get the credit they deserve outside of the nerd community. The parallels between Professor Xavier/Magneto and MKL Jr./Malcom X are truly astounding, and makes for one of the most interesting relationships in comics. As fans of the comics might know, Professor Xavier and Magneto were close friends as young men. Though their views diverged later in life they have always maintained respect for one another. Occasionally, Professor Xavier has demonstrated that (like King) in addition to being an inspirational idealist he is also an excellent political strategist, playing off of Magneto's frightening rhetoric and violent actions. Though they did not have a history of friendship, there is some evidence to suggest that King and Malcolm X also had a deep respect for one another, and that Malcolm X recognized that his rhetoric helped to force the white establishment to compromise and embrace King. This is not an oft discussed aspect of the civil rights movement, and I think it is fascinating that comic books, too often regarded as pulp literature, have seized upon this historical intricacy. Brilliant post. Comic books have been dealing with hard-hitting issues for decades, but they rarely get the credit they deserve outside of the nerd community. The parallels between Professor Xavier/Magneto and MKL Jr./Malcom X are truly astounding, and makes for one of the most interesting relationships in comics. As fans of the comics might know, Professor Xavier and Magneto were close friends as young men. Though their views diverged later in life they have always maintained respect for one another. Occasionally, Professor Xavier has demonstrated that (like King) in addition to being an inspirational idealist he is also an excellent political strategist, playing off of Magneto’s frightening rhetoric and violent actions. Though they did not have a history of friendship, there is some evidence to suggest that King and Malcolm X also had a deep respect for one another, and that Malcolm X recognized that his rhetoric helped to force the white establishment to compromise and embrace King. This is not an oft discussed aspect of the civil rights movement, and I think it is fascinating that comic books, too often regarded as pulp literature, have seized upon this historical intricacy.

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