Dr. Alessandra Comini & Alma Mahler

Yesterday at Baylor University, Dr. Alessandra Comini gave an insightful lecture on Alma Mahler and Her Vienna.  Two facts from the life of Alma caught my attention.  First, Gustav Mahler required that Alma stop composing music.  Second, Gustav required that Alma discard her collection of the Nietzsche before he would marry her.

I suspect that Gustav's disdain for Nietzsche derived from Nietzsche's harsh criticisms of Wagner.  But, Gustav's rejection of Nietzsche reveals a curious parallel between them.  As Alma Schindler Mahler was the femme fatale and muse of Mahler, Gropius, and Werfel, Lou Andrea Salome was the femme fatale and muse of Nietzsche, Rilke, and Freud.  When the marriage of Alma and Gustav faltered, Gustav employed the counsel of Sigmund Freud who advised Gustav to encourage Alma to return to composing music.

Lou Andrea Salome

Alma Mahler

Office Sleeping Bag...

... there are those days.

Jet Airways Required to Serve Women Alcohol

On an international flight from Bangkok to Delhi, Jennifer Robinson ordered a rum and coke.  The stewardess kindly told her that women were not allowed to consume alcohol on a Jet Airways' flight.  Mrs. Robinson did not say, "If you won't drink with me this time I want you to know that you can call me up anytime you want and we'll make some kind of arrangement."  Instead, Mrs. Robinson filed suit against Jet Airways in Delhi.  She asked the court to give her $49,000.00 in compensation for the mental anguish and humiliation caused by refusing to serve her an alcoholic beverage.  In December 2011, the court ruled in Mrs. Robinson's favor, but reduced the compensation to $900.00.  After recently learning that Jet Airways "lets" trainee pilots land occupied planes, the denial of alcohol seems criminal.

One Year at the Edge: Return to the Toilet

The Edge of the Law turned 1 yesterday. It began with a toilet.  A year later, Duchamp's Fountain remains in the news.  Most recently, modern conceptual artists  Brittany Powell and Tae Kitakata have reinterpreted the Fountain as a sandwich (along with other iconic works by Mondrian, Christo, Rothko, and Pollock).

Elevator Fears: Floor Missing

Lift panel in China

It is not uncommon for an elevator in an old hotel to skip the 13th floor.  Why have a floor of rooms in which no one will stay?  As a child, I thought it was a huge waste to leave an entire floor of a building empty because of numerological phobias.  After a few years of graduate school, it dawned on me that the 13th floor was merely renamed the 14th floor.  If I had been a true trikaidekaphobiac, then I would have been very upset to find out that each night I slept on the 14th floor, it was really the 13th floor.  In China, it is not uncommon to exclude the 4th, 13th, & 14th floors.


Elevators in and of themselves create fear in many people.  They are small, dark, and operated by underpaid elves who do not have protection under the FLSA (Fair Labor Standards Act).  Some designers at a Wandsworth, England shopping center have capitalized on those elevator phobias.  The floor of the elevator has been painted to look like is has broken away. 

HAISUI Planter: in case the plants have died in your shower.

For a mere $67.50, you can recreate your college dormitory bathroom.

A Bottle Opener for Any Mood

Being the weekend, you may be reaching for a bottle and a bottle opener.  Now you can pick the bottle opener that fits your mood: Sad, Angry, Happy.  (Poketo)  Also at Poketo, you can pick up these nifty/stylish brass openers.

Sexism in Super Bowl Ads - 2012

Toyota's "women couch"

The recurring theme in the Super Bowl car ads went something like this:  Women are desirable.  Our cars are like women... desirable.  The Fiat ad was straightforward.  When you see this car you will think that you are being seduced by an attractive woman who will first slap you for looking at her and then drip whipped cream on her chest.  Toyota was a little more subtle with the couch made of women in bikinis.  The Kia ad kept with the bikini theme.  In the man's dream a stadium of bikini clad women cheered him on as he drove the Kia in a one car race.  Chrysler and Clint Eastwood... well at least he was not wearing a bikini.  Also, one would be hard pressed to put a feminist spin on the vampire party in the Audi commercial.

"Lactation Discrimination" -- Words v. Reality

A recent decision by U.S. District Judge Lynn [male Lynn] Hughes, has received a lot of attention.  The issue of the decision was whether federal law prevents an employer from firing an employee for pumping breast milk at work.  The employee asked for a place at work where she could discretely pump milk for her new-born child.  She was then "laid off." 

The Pregnancy Discrimination Act of 1978 prevents an employer from discriminating based on "pregnancy, childbirth, or a related medical condition."  Is lactation and breast feeding a "related medical condition?"  No says Judge Hughes.  A "medical condition," stated Hueghes, "includes cramping, dizziness, and nausea while pregnant."  The judge went on to explain that Title VII does not provide protection for child care needs. 

Two issues seem to be swept under the rug with this decision.  First is that lactation does not typically happen spontaneously.  From my brief observations of the world, lactation is a [medical] condition that occurs as a result of pregnancy... I could be wrong about this.  Second is that Title VII, as amended by the PDA, prevents discrimination "because of sex" or "on the basis of sex."  By the inclussion of the phrase "but are not limited to," the Act was meant to have an expansive interpretation.  The responsibility of breastfeeding is predominately a female task... there are some exceptions [see photo].  If lactation is unique to the female sex, then Title VII is implicated. 

Private Cabins on Emirates: What we are missing.

Travel is miserable.  International travel, at least from my humble experience, is worse.  But for the filthy rich who do not own a personal jet, Emirates is offering some old-world comfort.  You can book a private cabin for your next journey to Dubai.  The micro-suite comes with a mini-bar, vanity, wardrobe, fold-out bed, and, based on the photos, an attractive compainion.  Even better, the dividing wall folds down so you can "share your experience" with a friend.  You can purchase this luxury for $14,633. [Flight from Dallas to Dubai]

From Banksy, to Voina, to "Pavel 183"

Pavel 183, Moscow

Pavel 183, Moscow

Urban, guerrilla art has a (not so) new player in Moscow, "Pavel 183."  Like Banksy, Pavel 183 is a graffiti artist who insists on remaining anonymous.  Pavel 183 says that he is not emulating Banksy.  Although both use graffiti for expression, stylistically, they are very different.  For Pavel 183, the context of the work is integrated into the design.  For example, the lamp post is an earpiece for the glasses; the security light is flame of the torch; the trash can fire warms the hands of the painted figure.

Pavel 183, Moscow

58th Anniversary of Irvine v. California (347 US 128): Even the Police have to Follow the Law.

Police inspect Pete Curti's hands. 1952 L.O.C.

The police broke into the defendant's home on at least three occasions to install surveillance equipment.  The prosecutor used those recording to convict Patrick Irvine of gambling (he was a "bookmaker" in the non-literary sense of the word).  The U.S. Supreme Court said that this was a flagrant, persistent, and deliberate violation of Mr. Irvine's constitutional rights.  Later, the Court described the actions of the police as "shocking to the conscience."  Mapp v. Ohio, 367 U.S. 643, 665 (1961).  Justice Jackson went on to say that the police committed the crimes of trespassing and burglary.  But, the Court held course with its ruling in Wolf v. Colorado, 338 U.S. 25 (1949); illegally obtained evidence is not, per se, inadmissible.

The most surprising part of the opinion is the last sentence in which the Supreme Court directs its Clerk to forward case to the U.S. Attorney General so he may prosecute the police officers for violating Mr. Irvine's constitutional rights. 

The decision in Irvine v. California was overruled by association in the landmark case Mapp v. Ohio which directly overruled Wolf v. Colorado.

Arrest of Patrick Irvine, 1952. LOC

In the image, the police are inspecting the hands of Pete Curti, a co-conspirator, for a green fluorescent powder that was scattered on bookmaker tally sheets that were located in his car.  The police had stopped Mr. Curti earlier in the day in order to dust the papers with the powder.  (more images at the Library of Congress)  Irvine also had the powder on his hands, further evidence used to convict him for illegal bookmaking.

Tilikum the Orka Sues for Freedom: Objection, non-responsive.

PETA is seeking to test the boundaries of the 13th Amendment in a suit filed on behalf of 5 killer whales.  The 13th Amendment, adopted in 1864, prohibits slavery.  An exception is made for slavery (involuntary servitude) as a punishment for a crime.  Tilikum, Katina, Corky, Kasatka, and Ulises argue (through their attorney) that they have been unconstitutionally enslaved by Sea World.  This suit not only tests the prohibition of slavery, but the exception for slavery as punishment.  In 2010, Tilikum killed his trainer during a public performance at the Orlando, Florida Sea World.  The key to understanding the punishment exception is that there must have been a conviction.  Merely determining that your employee has criminally embezzled office supplies does not authorize you to enslave your employee as a form of punishment.  In the case of Tilikum, he was never duly convicted of man-slaughter.

On Monday, U.S. District Judge Jeffery Miller heard arguments in Tilikum et al v. Sea World Parks & Entertainment, Inc. et al.  Slave Masters (aka Sea World) asked the court to dismiss the suit on grounds that the Constitution was written with the intention to only protect white men... and later black men... and even later... women.  Is it time to recognize the whales?

The Taranto Dance-Off: Pole Dancing Gets Pole-litcal in Italy

 While the "pole-tax" remains a hot topic in Texas, the mayor's race in Taranto, Italy is really heating up.  Amandha Fox and Luana Borgia are two candidates for mayor and they have decided to forgo debates and go straight to the dance floor to see who is the better stripper.  They have scheduled a public pole-dancing competition as a venue to show off their pole-itical assets.  Ms. Fox and Ms. Borgia are both professional adult entertainers.

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."

Happy Birthday Lord Byron: 224 years young today

Lord Byron, Thomas Philips 1835

As with all of us, Lord Byron owed much to his mother, Catherine "Golden Dolly" Gordon.  Catherine, a woman known for her lack of judgment, matched only by her lack of self control, was the second wife of Captain "Mad Jack" Gordon, the 5th Baron Byron.  Mad Jack had his own shortcomings.  He was known as a womanizer and murderer.   But, his mother's love of reading and liquor laid the foundation for the young Byron's tortured path to success.

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.

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.

From Zazzle

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.

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.

Evil Monkey

    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.

Baylor Monkey

   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?

Foggy Morning at Pecan Bottoms