Discussions of law, art, and contemporary culture tossed together with observations about Waco, Texas.
Thursday, January 26, 2012
The Taranto Dance-Off: Pole Dancing Gets Pole-litcal in Italy
Tuesday, January 24, 2012
Lost in Translation: Prohibition
Suppose you do not understand the language or the culture, what would propaganda posters mean to you? Here are a couple of my favorite "translations" at SloshSpot.
"A bottle of wine is precious, like a child." |
Hurry, get the cap off before he starts crying. |
"Alcohol should be consumed daily." |
Sunday, January 22, 2012
Happy Birthday Lord Byron: 224 years young today
Lord Byron, Thomas Philips 1835 |
Lord Byron wrote the following poem about his 33rd birthday.
Through life's dull road, so dim and dirty,
I have dragg'd to three-and-thirty.
What have these years left to me?
Nothing--except thirty-three.
---
My 41st is much happier.
Saturday, January 21, 2012
Pictures in Legal Opinions: It Is About Time
Legal opinions are painful to read for several reasons. First, the format is rigid and formulaic. The playful formatting of e.e. cummings is, as they say, "bad precedent." Second, legal opinions are the bullhorns of an already self-proud group of writers. What I write is the law, and the law is what I write. Fortunately, this is tempered by the ridged and formulaic formatting. Third, there are no pictures -- until Judge Richard Posner, of the 7th Circuit Court of Appeals, found the "Save Image As" option on his web browser.
In the Gonzalez-Servin v. Ford Motor Co. opinion, Judge Posner included two illustrations taken from the Internet. The images were inserted in the opinion to illustrate the point that an appellate attorney cannot ignore dispositive precedent. "The ostrich is a noble animal, but not a proper model for an appellate advocate." The acerbic tone of a judge is only made more poignant by the inclusion of photos of an ostrich and an attorney, each with its head in the sand. Hopefully this is the start of a new trend in American Jurisprudence. At least Judge Posner is continuing this legal precedent. In Grayson v. Schuler, he included an image of Bob Marley to illustrate dreadlocks.
From Zazzle |
Thursday, January 19, 2012
Trials of Monkey King: self-improvement and the mentor relationship
An odd aspect of "Journey to the West / Monkey King" is that it is a story about Tripitaka's pilgrimage, yet the first 7 chapters are about Monkey. The initial connection the reader forms with Monkey inevitably shapes the later story, like the theme in a Wagnerian opera. Monkey's theme is desire and failure.
At the end of chapter 7, Monkey was finally trapped by Buddha under Five Elements Mountain. Monkey returns to the story in Chapter 14 when he meets Tripitaka. Monkey beseeches Tripitaka to release him from his prison. "Buddha promised me that if I amend my ways and faithfully protect the pilgrim along his journey, I was to be released, and afterwards would finally find salvation." Shortly after being released, Monkey returned to his old ways and abandoned his new master. To assist in Monkey's self-improvement, Tripitaka implemented a magical form of corporal punishment. Eventually, Monkey was "reformed" and achieved enlightenment.
The mentor/mentee relationship, like that between Tripitaka and Monkey, is often imposed in large organizations to help new recruits adjust and succeed in a new environment. Such programs are used at Baylor University for both new students and new faculty. What do you think are key characteristic of a successful mentor/mentee relationship? Is punishment necessary for self-improvement? If "yes", what types of punishment? If "no," why not?
Evil Monkey |
Baylor Monkey |
Tuesday, January 17, 2012
Monday, January 16, 2012
Friday, January 13, 2012
Goodbye to the Rodeo Prison: "The Wildest Show Behind Bars"
The Mad Cow Scramble at the Texas Prison Rodeo |
The Texas Prison Rodeo ended in 1986. With the demolition of the arena last week, story of the Texas Prison Rodeo has ended.
Thursday, January 12, 2012
Happy Birthday "Texas" Guinan
Mary "Texas" Guinan" |
Wednesday, January 11, 2012
Success in Sin: St. Augustine's Confessions and the Son of Sam Law (Simon & Schuster, Inc. v. Members of NY State Crime Victims Bd., 1991)
St. Augustine, Michael Pacher (1483) |
The law New York passed (many states passed similar laws) defined "criminal" very, very broadly. That definition was challenged in the U.S. Supreme Court case Simon & Schuster, Inc. v. Members of NY State Crime Victims Bd., 502 US 105, (1991). The law defined "criminal" as follows:
[a] person convicted of a crime" to include "any person convicted of a crime in this state either by entry of a plea of guilty or by conviction after trial and any person who has voluntarily and intelligently admitted the commission of a crime for which such person is not prosecuted.
The definition includes anyone who has confessed to a crime, yet was not prosecuted for that crime. As Justice O'Connor noted, such a broad definition would include Henry David Thoreau, Malcolm X, Martin Luther King, and St. Augustine. "[The law] would have escrowed payment for such works as... the Confessions of Saint Augustine, in which the author laments 'my past foulness and the carnal corruptions of my soul,' one instance of which involved the theft of pears from a neighboring vineyard." Simon & Schuster, 502 U.S. at 121.
For this reason, the Supreme Court reversed the lower court, ruling that the New York Son of Sam Law encroached on speech protected under the First Amendment. The law was not narrowly tailored to advance the legitimate government interest in compensating victims from financial fruits of the crime. Simon & Schuster, 502 U.S. at 123.
The image is from an altar panel by Michael Pacher, a Northern Renaissance painter, and depicts an apocryphal scene in which St. Augustine met a young boy playing with water and a spoon. St. Augustine, perplexed by this meaningless form of play, asked the boy what he was doing. The boy replied, "My game is as pointless as your efforts to understand the Holy Trinity with a rational mind." As St. Augustine acknowledged in his Confessions, "We are too weak to discover Truth by reason alone." (Bk. IV, Chap. 5)
Tuesday, January 10, 2012
Voina: Noze Brothers of the Russian Art World
"Beyond Art" police car burning. |
Voina, without the Nozes. |
Monday, January 9, 2012
Hang Your Own Artwork in a Museum, Banksy Style
Sobeipan at the National Museum in Poland |
Why wait for the "art world" to discover you, go to it, but bring your own hammer and nail. Following in the footsteps of Banksy, a Polish art student by the name of Sobiepan took his artwork to the National Museum in Poland, found a blank spot on the wall, and hung his painting.
In 2005, Banksy "self-exhibited" his work in the Museum of Modern Art, Metropolitan Museum of Art, Brooklyn Museum, and the American Museum of Natural History.
The fun with this style of performance art is seeing how long it takes the museum to recognize that there is something amiss.
"Lady in Gas mask," Banksy 2005 |
Banksy at the Metropolitan |
Sunday, January 8, 2012
Mysteries of La Belle: Roman Coin, Figa, and French ownership
La Belle hull in situ. |
Intermixed with the detritus of the 17th century wreck was a Roman denarius dating to 69 A.D. Hmm. Strange. If not evidence of time travelers or Atlantis, this odd artifact shows that humans have always been fascinated with history. A sailor must travel light, thus a small silver coin tucked in one's pocket might be a perfect memory of home. Perhaps the forgotten sailor picked the coin as a child working the fields of his childhood home France. The discovery of the coin may have been a longed for omen telling him to leave the hills of France and seek work in the dockyards.
1689 Spanish Map. |
Glass figa. |
Saturday, January 7, 2012
What do George Santayana and Tax Court Have In Common?
Daniel M. Cory and the publication of Persons and Places, the autobiography of George Santayana. Cory v. Commissioner of Internal Revenue, 23 T.C. 775 (1955).
Mr. Cory, a philosopher in his own right, was a close friend and assistant to George Santayana. In an effort to provide some compensation for the services of Cory, Santayana bequeathed unto Cory the publishing rights for his autobiography, Persons and Places. The autobiography was published in 1944, eight years before his death. At the time of his death, Santayana was an internationally admired figure in the field of philosophy. So, rights to the royalties were of significant value.
The issue raised by the IRS was how to classify the income from the publication. Cory reported the payments from the publisher as long term capital gains from the sale of the book. The IRS objected, arguing that the income should be treated as ordinary income, thus taxed at a higher rate. For tax attorneys, the intrigue in the case comes from two issues. First, was the gift of the license completed before the publication of the book and, second, are proceeds from the publishing contract treated as ordinary income or capital gains?
Cover of Time, Feb. 3 1936, George Santayana |
The issue raised by the IRS was how to classify the income from the publication. Cory reported the payments from the publisher as long term capital gains from the sale of the book. The IRS objected, arguing that the income should be treated as ordinary income, thus taxed at a higher rate. For tax attorneys, the intrigue in the case comes from two issues. First, was the gift of the license completed before the publication of the book and, second, are proceeds from the publishing contract treated as ordinary income or capital gains?
Waco Farmer's Market - Downtown Renaissance
A cold, but beautiful morning... A fabulous day for a visit to the Waco Downtown Farmers Market.
This market is a great example of the positive change occurring in Waco. The market is behind the Waco Fire Department on University Parks Drive, next to the Waco Drill Tower.
Richardson Farms |
Mill-King Dairy |
Diary Meadow Soaps |
Thursday, January 5, 2012
How Much Is Your Tuna Worth? $736,000?
Vintage blue fin tuna caught off Nova Scotia |
Mr. Kimura grinning over his 3/4 million dollar fish. |
Monday, January 2, 2012
David Hockney: Title, "No." Fancy necklace, "Yes."
Order of Merit |
But, David Hockney has accepted an appointment to the Order of Merit, a more selective honor bestowed on a citizen of the commonwealth by the monarch. There can only be 24 living OM recipients at any given time. No title goes with the appointment, but the recipient receives a cool red and blue medal and the right to say "OMmmm" after being addressed.
Self-portrait, 1999. David Hockney, OMmmm |
Sunday, January 1, 2012
In 2012 Dockwise Vanguard will displace MV Blue Marlin
MV Blue Marlin carrying the USS Cole from Yemen |
The largest heavy lift ship is the MV Blue Marlin, famous for carrying the damage USS Cole from Yemen to the US for repairs. 2012 looks forward to the launch of the Dockwise Vanguard which will have a deck area 12,000 sq. m. larger than the MV Blue Marlin. (Dockwise Vanguard website) These giant transports partially submerge allowing it to float under the cargo. Once the cargo is in place, the ballast is pumped out, thereby raising the cargo out of water.
Rendition of Dockwise Vanguard. |
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