Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Sunday, April 16, 2017

Killers of the Flower Moon by David Grann

Hardcover, 352 pages Expected publication: April 18th 2017 by Doubleday ISBN13: 9780385534246

That we as a nation, less than one hundred years after the Osage Indian killings, have no collective memory of these events seems an intentional erasure. The truth of the killings would traumatize our school children and make every one of us search our souls, of that there is no doubt. David Grann shows us that the systematic killings of dozens of oil-wealthy Osage Indians were not simply the rogue deeds of a psychopath or two in a small town in Oklahoma.

The tentacles of guilt and the politics of fear extended to townspeople who earned their reputation as “successful” because they allowed these murders and thefts of property to go on, as well as implicated law enforcement. Grann outlines how the case was solved and brought to court by the persistence of FBI officer Tom White and his band, but Grann is not full-throated in his praise of Hoover's FBI. He leaves us feeling ambiguous, not about White, but about Hoover.

The Osage Indians once laid claim to much of the central part of what is now called the United States, “a territory that stretched from what is now Missouri and Kansas to Oklahoma and still farther west, all the way to the Rockies.” The tribe was physically imposing, described by Thomas Jefferson as “the finest men we have ever seen,” whose warriors typically stood over six feet tall. They were given land by Jefferson as part of their settlement to stop fighting the Indian Wars in the early 1700s.

Jefferson reneged on the agreement within four years, and ended up giving the once-mighty Osage a 50-by-125 mile area in southeastern Kansas to call their own. Gradually, however, white settlers found they liked that particular Kansas farmland and moved onto it anyway, killing anyone who challenged them, oftentimes the legal “owners”. The government then forced the Osage to sell the Kansas land and buy rocky, hilly land in Oklahoma, land no white man would want, where the Osage would be “safe” from encroachment. This was the late 1800s.

In the early 1900s oil was discovered on that ‘worthless’ Oklahoma land and because a representative of the Osage tribe was in Washington to defend Osage interests, he managed to include in the legal agreement of the allotment of Indian Territory “that the oil, gas, coal, or other minerals covered by the lands…are hereby reserved to the Osage Tribe.” Living Osage family members each were given a headright, or a share in the tribe’s mineral trust. The headrights could not be sold, they could only be inherited.

The Osage became immensely wealthy. The federal government expressed some concern (!) that the Osage were unable to manage their own wealth, and so ordered that local town professionals, white men, be appointed as guardians. One Indian WWI veteran complained he was not permitted to sign his own checks without oversight, and expenditures down to toothpaste were monitored. But this is not even the most terrible of the legacies. The Osage began to be murdered, one by one.

When Grann discovered rumblings of this century-old criminal case in Oklahoma, he wanted to see the extent of what was called the Reign of Terror, thought to have begun in 1921 and lasted until 1926, when some of the cases were finally successfully prosecuted. The “reign,” he discovered, was much longer and wider than originally imagined, and therefore did not just implicate the men who were eventually jailed for the crimes. “White people in Oklahoma thought no more of killing an Indian than they did in 1724.” said John Ramsey, one of the men eventually jailed for crimes against the Osage. A reporter noted, “The attitude of a pioneer cattleman toward a full-blood Indian…is fairly well recognized.”

What we learn in the course of this account is that a great number of people had information that could have led to answers much sooner than it did, but because there was so much corruption, even the undercover agents and sheriffs were in on the open secret of the murders. Those townspeople who might be willing to divulge what they knew were unable to discover to whom they should share information lest they be murdered as well. Grann was able to answer some questions never resolved at the time, with his access to a greater number of now-available documents.

Why this history is not better known is a mystery still. Memory of it was fading already in the late 1950s when a film, The FBI Story starring Jimmy Stewart, made mention of it. The 1920s are not so long ago, and some of the people who were children then have only recently passed away, or may even be still living. Among the Osage there is institutional memory, and still some resentment, naturally, and a long-lasting mistrust of white people. Need I say this is a must-read?

The audio of this book is narrated by three individuals: Ann Marie Lee, Will Patton, and Danny Campbell. Interestingly, the voices of the narrators seem to age over the course of the history, and it is a tale well-told. But the paper copy of this has photographs which add a huge amount of depth and interest to the story. This is another good candidate for Audible's Whispersync option, but if you are going to choose one, the paper was my favorite.

A short audio clip of the narration is given below:




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Saturday, December 3, 2016

TrumpNation by Timothy L. O'Brien

Tim O'Brien restored my sense of humor. I was belly-laughing by the end of this book. O'Brien was sued by the Donald over the reporting in this book, twice, but if anything, O'Brien makes the Donald look bombastic rather than purposely evil. At first I was disconcerted by O'Brien's breezy style, but by the middle of this book I understood that the style matched the subject matter. I started laughing when O’Brien tells us about the fight headlined daily in the New York papers between developer Trump and Mayor Koch in the 1980s. I even got to the point where I was thinking, like Trump’s wives, “That’s just Donald. He does it to everybody.” He is a braggart and a smooth-talking operator. Everyone knows he is lying, but because no one takes him seriously, what he says doesn’t matter.

But that’s all over now. Now people must take him seriously, and it is difficult to change early impressions. The only thing we do know is that among the powerful, nearly everyone is waiting for him to trip up and hang himself. No one, except perhaps Giuliani, has any loyalty to this guy. After all, Trump has insulted them, lorded over them, sued them even. He won the election, yes, but if he blows it, they will dump him faster than Brutus stabbed Caesar.

Now, to this book. It was initially published in October of 2005, long before politicos around the nation were speaking of him the same breath as Bush, Romney, and Obama. Their worlds did not overlap. A second edition of the book was published June 2016 with a new Introduction (described here in the Washington Post) which should give you some idea of O’Brien’s writing style and attitudes towards the Don.

The thing that I began to warm to in O’Brien’s telling is that this is actually funny. Donald is a gad-dang charlatan, for cripes' sake. Everyone knows that, especially the dour-faced Republicans who opposed him during the campaign. And they are all lawyers. Donald has so much objectionable, actionable, lying behaviors behind--and presumably ahead--of him that they can take him down at any time they decide to put their little minds to the task. It just depends how long they can keep him on their leash. This has nothing to do with “popular opinion.” That pleasantry will go right out the window when the politicos decide enough is enough. Brutus and Caesar.

Anyway, this book is a hoot. I first read David Cay Johnston’s The Making of Donald Trump which allowed me to relax into this more casual history. Both books have great stories about Trump in conflict with one powerful billionaire after another. I particularly liked the story about Trump so admiring the Plaza Hotel that he bought it despite its flaws at a price which began to suck his wallet dry.
"This isn’t just a building, it’s the ultimate work of art," Donald said of his hotel. "I was in love with it…I tore myself up to get the Plaza."
It’s nice to know there is some sentiment in the guy, even if it is only for a building and not for the blond bombshells he married to amuse himself and dazzle us. Somewhere along the time O’Brien recalls the testimony from Steve Wynn, Las Vegas developer, discussing Trump(1) do I begin to see that Trump’s election is a fluke, and that he is hanging again by his toenails to this high bar he has managed, by luck and bravado, to scale. But there isn’t much underneath him, and it is just a matter of time before the Washington establishment declares “This emperor has NO clothes!”

Endlessly amusing if one can detach the real-world implications of Donald Trump as President of the United States, this book should be required reading for those too distressed to listen to news since the election. It is a reality inoculation to stave off despair. We knew we had a lot of work to do to repair the political system. Now we have no choice. It is not a question of “if” or “when.” The answer will have to be “now.” Be prepared to become involved.

(1)Steve Wynn on Donald Trump:
"No sane or rational guy would respond to Trump," Wynn responded. "His statements to people like you, whether they concern us or our projects, or our motivations, or his own reality, or his own future, or his own present, you have seen over the years have no relation to truth or fact. And if you need me to remind you that, we’re both in trouble. He’s a fool."
Turns out Steve Wynn is classified in an Esquire report as Trump's "friend." It seems Trump is a more reasonable man in person.



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Tuesday, September 6, 2016

Secondhand Time by Svetlana Alexievich, translated by Bela Shayevich

I was eleven or perhaps twelve years old when I learned that ignorance is no excuse for anything.

That revelation completely changed the way I viewed the world. I ran to my parents, separately, I remember, my eyes wide. I said to each of them, “Ignorance is no excuse!” It won’t save anyone from the repercussions of whatever they are ignorant of. You can die as a result of ignorance or you can participate in something evil as a result of ignorance.

As I remember it, my parents did not say anything. There is much I would think as a result of my eleven-year-old coming to me with such a revelation, and I am not sure I would know what to respond, either. But it was a big moment, and it came from reading a novel.

Now I wonder which novel gave me such an insight, but I cannot remember. I was an ordinary schoolgirl, with no special access to literature. I read too much, my sisters said, and most of them were bodice-rippers…

This book reminds me of that moment of realization. The insights into what man is and how he responds to national, political, and personal trauma come fast and hard in this work. Alexievich begins by recording voices from the Gorbachev years: “Those were wonderful, naïve years…” Both for and against Gorbachev, the voices record people’s naiveté. They had an excuse, the lack of reliable, comprehensive news coverage being one of them, but it would not save them from their future nor their past.

There is simply nothing to compare with this fabulous reconstruction of the lives of people under communism and after. Alexievich records the stories of people under the dictatorship of the people, and there is so much nuance, so much pain, fear, crazy love, faith, and delusion tied in with people’s understanding of those years that it becomes as clear a record of what humanity is that we have.

“Changing the nature of man” was on the table. From the sounds of some voices, it succeeded on every measure. But if nature can be changed, we question again that "nature." Naomi Klein tells us man is not hopelessly greedy but it is hard to see that when greed is rewarded and protected. The Soviet Union, Russia, has gone through enormous social upheaval in the last one hundred years, and Alexievich manages to give us a window through which we can begin to see what happened to people. It is breathtaking.

Among the voices are ordinary folk, high Kremlin officials, members of the brigades who spent their days shooting “enemies of the people.” We see what they were thinking at the time and what they are thinking now. Because governance the world over has many similarities, constraints, and imperatives, everyone who can read should see how governance actually plays out, no matter what we believe.

Alexievich has taken memory and made literature. For me, it will be one of the most meaningful books I have ever come across. I listened to the Penguin Random House Audio version of this, narrated by a full cast. It was beautifully done, and I highly recommend this method of consumption.

An interesting piece written by Sophie Pinkham in the New Republic magazine gives us some insight into how Alexievich may have gone about constructing her work. I disagree with Pinkham's conclusions, but her dogged research into the creation of the work itself reveals how this work has become Art.


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Thursday, February 11, 2016

Dark Money by Jane Mayer

Audio CD Published January 19th 2016 by Random House Audio (first published 2016)

It will not be surprise to anyone who has been paying attention that for the past twenty years our political system has been awash in special interest money. Mayer tells us it is forty years. What Mayer does in this detailed accounting is to elucidate the sources of that money and the routes it takes to influence votes. What may be more surprising to readers is how often that money has failed in its mission.

Probably the best reason for reading this book is to see how Jane Mayer allows these individuals and groups to speak for themselves. She quotes from statements spoken by fund raisers at their own gatherings, from the literature distributed under their aegis, and from interviews with associates. Mayer also traces the many shell companies through which the money flows to hide its origins. She documents why the groups feel it is necessary to hide the source of the monies and why the folks involved do not want their names to be known.

Many of the families besides David and Charles Koch who most ardently support far right wing causes are not the self-made men of legend. They are heirs of fortunes who seek to retain those fortunes. The tax laws in our country have been such that persons with enormous fortunes could use a portion of it for charitable giving rather than have it taxed by the government. These generous brethren have decided to do the patriarchal thing: to “give” portions of their fortune to like-minded groups they create to influence the populace. I am not suggesting they don’t work hard at it. They do. Lots of effort has gone into creating an empire on the backs of a people they disparage.

What I cannot reconcile in my own mind is how these folks, experienced in the advantages (and disadvantages) of great wealth, don’t come to the conclusion that money isn’t the point. There have been too many studies on the limits of wealth to ensure happiness for these experienced folks to have missed the central point. Money does buy power, but look at the uses to which these folks want to use their power: to perpetuate their own wealth, despite the documented injury to the environment their companies perpetuate and to the continued abasement of their workforces. Even Koch scoffs at the notion that he needs more money. I just don’t get it.

And, it seems, neither do the American public. Despite libertarian donors of like-minded billionaires pooling their capital donations and pouring hundreds of millions of dollars into influencing the last presidential election, their arch-nemesis Obama was reelected. Of course, he was unable to accomplish much in his term because of the groups were successful in filling the House and Senate with politicians they’d supported financially: the darlings of what is still called the Republican party, e.g., Paul Ryan, Ted Cruz, Marco Rubio, Jeb Bush, among many others. When Mitch McConnell became Majority Speaker of the Senate, he hired a new policy chief who was formerly a lobbyist for Koch Industries. Neither Ohio Governor John Kasich or real estate magnate Donald Trump have a part in the Koch money cabal. But…remind me again, who won in the presidential election primaries in NH this year?

If you have been confused about the obstreperous obstructionism Obama encountered in the House and Senate even after he was elected, twice, to the presidency, you may be interested to learn that the money promised to groups favoring select Republican candidates for the coming presidential election has been estimated to be over $800 million. Apparently the Republican Party itself is the poor step-sister of a shadow organization that dwarfs it in money and reach. These monies have begun in recent years to target local elections and judge nominations. In these arenas dark money seems to have more effect (see the change in the red/blue map of governerships and local districts after 2010), perhaps because national elections get more voters. More voters often translate into more moderate results.

In addition, the money is going to influence academic centers and think tanks. Penetrating academia – a delivery system for the group’s ideology by winning the hearts and minds of college students--has long been on their wish list. Academia is an investment for the Koch’s ambitious designs. Their own literature claims they have funded 5,000 scholars in some 400 universities throughout the country. “Privately funded pro-corporate centers can replace faculty teachings with their own.” The groups are also pouring money into online education, paying lower-income students to take more courses. The intent is to create an “idea pipeline.” I have to say, Bernie Sanders’ proposed free college education sounds better than ever.

But at the end of it all, I am still perplexed. We know the sources of the dark money discussed in this book believe in small government free enterprise. But do they really believe that corporations do not have a responsibility to provide living wages and a non-polluting environment? At the same time company profits and management wages soar. Unfortunately for their argument is the fact that many of the corporate heads financing opposition to regulation are under indictment for pollution caused by their own corporations. They are trying to address this also, changing perceptions by calling their investments “wellbeing” grants.

In the end, what I don’t like about the current system of free enterprise and/or payments for work is that corporations have shown that they don’t do very well at controlling themselves. Corporate governance is beginning to sound like an oxymoron. Corporate boards blame their inability to control costs on the need to make profits for stake-holders or investors, but the salaries and bonuses these boards award themselves at the expense of cleaning up pollution caused by their companies or to avoid paying a living wage to workers make them look foolish (and greedy).

I guess it really is so simple as narcissism: the wealthy come to believe they deserve to be wealthy because they are either smarter or more deserving in some other way. If that is the inevitable outcome of the free market system, I think we can state unequivocally that it does, in fact, need regulation. We could, I suppose, just throw away the whole system. Which, do you think, sources of dark money would prefer?

I think everyone needs to read or listen to this book but if you don’t feel you have the time, go to the library or a bookstore and read Chapter 14. While in previous chapters Mayer tells us how the groups began, which groups and donors comprise dark money, and what they have tried to do, in this final chapter Mayer tells us what is happening now. This is important for how we integrate and process any new information we learn. Mayer has also written several smaller articles in The New Yorker, beginning in 2010. A wonderfully informative January 24, 2016 NYTimes book podcast is also available on this title. Get the information piecemeal if you must, but you will definitely want to inform yourselves.

Link to a list of groups created and sustained by Koch Family Foundations. I listened to the audio of this title, produced by Penguin Random House and narrated by Kirsten Potter. Potter paced the narrative well, and may have tried to inject some excitement into the narrative by using a somewhat sensational vocal modulation. A dry recitation may be more boring, but the material needed no enhancement.



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Wednesday, December 16, 2015

The Sellout by Paul Beatty

”…when I did what I did, I wasn’t thinking about inalienable rights, the proud history of our people. I did what worked, and since when did a little slavery and segregation ever hurt anybody, and if so, so fucking be it.”
My copy of this novel is spiked with tabs marking something deeply insightful, stabbingly funny, or needing revisiting. There is simply too much to point to: Beatty has been cogitating a long time about race relations in America to cram so much into this relatively short novel. He never tells us why his fictional California town is named Dickens—it can’t be about the author—but I think it has to do with a classic American imprecation “Go to [the] Dickens!” though I am certainly willing to be challenged on this supposition. Dickens is also used as an exclamatory “What the dickens!” standing in for “What the F@*k!” in marginally polite white dialogue, and perhaps even in the L’il Rascals film archives, though I am going to have to check on that.
"They won’t admit it, but every black person thinks they’re better than every other black person."
Beatty’s narrator, Bonbon Me, is the sellout. He just doesn’t seem to get the “black” thing. He identifies as human first, black second. Beatty doesn’t target black folk alone. Everyone is skewered everyone in this wild ride through a Los Angeles southwest suburb that still has farm zoning, allowing families to live among livestock, chickens, cotton, watermelon, and weed. A proud descendant of the Kentucky family called Mee and one whose forefather subsequently dropped the extraneous “e,” our narrator Bonbon Me has a case before the Supreme Court, a “screw-faced” black Justice, about his ownership of a slave in the present day. That alleged slave, Hominy Jenkins, literally declaimed his status one day to our narrator as a result of Me still having agricultural interests and therefore probably needing a slave. Hominy moved in. What could Me do?

Well, shortly after rapacious real estate developers convinced officials to remove signs demarking the township of Dickens, Me made and put up new signs and drew a white line around the streets and houses comprising Dickens and re-segregated: “No Whites Allowed.” One may be curious why he would do this, since the town was already black, but he felt he was saving something, making a point. They can’t just muscle in and erase a town…a culture…a people. That’s not fairness. People actually do care if you are white, brown, black or yellow. Sellout Bonbon had mused for some that if the black community in Dickens just took “their racial blinders off for one second, they’d realize [Dickens] was no longer black but predominantly Latino.” So he was just making Dickens “equal” by excluding whites. It’s not discrimination exactly. It’s equality.
"The Supreme Court is where the country takes out its dick and tits and decides who’s going to get fucked and who’s getting a taste of mother’s milk. It’s constitutional pornography in there…and what…about obscenity? I know it when I see it…Me vs. the United States of America demands a more fundamental examination of what we mean by ‘separate,’ by ‘equal,’ by ‘black.’"
Beatty demurs when critics point out his work as a satire. It isn’t, he says. It’s reportage. The material in this book is, in fact, observable in everyday America.
"Black people don’t even talk about race. Nothing’s attributable to color anymore. It’s all ‘mitigating circumstances.’ The only people discussing ‘race’ with any insight and courage are loud middle-aged white men…well-read open-minded white kids…a few freelance journalists in Detroit…"
Author interviews with Beatty are some of the most uncomfortable I have ever read or heard. Beatty stutters and avoids, sometimes flat out refuses to entertain a question. (Examples: Boston NPR WBUR Onpoint, and Ebony.) Beatty clearly doesn’t like talking about “what his book means.” He wants his book to start the conversation. We’re supposed to be telling him what it means…to us…as individuals rather than as a class. He says often in interviews, “I am uncomfortable talking about this.” He does not appear to be uncomfortable writing about what he sees and what he thinks about what he sees, so folks interested in making him a spokesperson for black people will have to turn to his writing. But there aren’t answers there, either, really. It is just raw material for the discussion we are all meant to have.

In a reading Beatty gave at Politics & Prose, the Washington, D.C. bookstore, Beatty told the audience that he teaches a writing course at Columbia University and one of his students said to him, “I feel sorry for you guys” as though the race issue were finished, and is nothing now compared with yesterday. Beatty was shocked. It reminded me of young, upwardly mobile women saying they don’t experience sexism today.

Me, I incline towards Ta-Nehisi Coates’ June 2014 Atlantic article, “The Case for Reparations.” Not that money will fix anything. It is the discussion about reparations that might fix something. Nigerian novelist Chris Abani, in a riveting conversation with Walter Mosley, says "America has had a unique relationship with blackness that, say, Europe really hasn’t had. As much as people like to pretend, slavery isn’t really over."


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Tuesday, November 24, 2015

Understanding the Palestinian-Israeli Conflict: A Primer by Phyllis Bennis

This short handbook can be read in an evening. It really is hand-sized, fitting in the palm. The language in it is so clear, it could be written for a non-English speaker or a school child. It was published in 2007. This subject is so fraught with emotion and intention it is difficult to just get the facts. In fact, this conflict may be the perfect place to begin to understand how "facts" are slippery things. Bennis has an opinion, but she is very good at tamping down the rhetoric and writing quietly.

If you have read any of Bennis’ other works, you will find she tries to answer the most pressing questions people have first. That is, she will try to simply explain why there is fighting, or why suicide bombers appear on only side in the conflict. Her answers will raise more questions, which she tries to answer by going broader in the region and deeper into history. It is an organic method of setting out the issues and has the value of always providing at least a partial answer before we become overloaded with detail. The added benefit is that the questions can be listed, as they are in her handbook, as the Table of Contents.

Bennis’ work is an important addition to the material one will need to read to get some measure of the size and depth and rightness of the Israeli-Palestinian conflict. It’s almost seventy years since Israel was founded. The generation involved in the creation of Israel is dead now. The generation that came after, that built Israel, is nearly gone. We can make judgments now about what those first generations have left us.

Bennis herself is an American Jew. In her youth she was a Zionist, until she actually began to see what happened, what was happening, in the area of land now called Israel. To her credit, she could tell that what she’d learned, and what she was hearing, did not correspond to what she could see with her eyes. When she investigated, she discovered she could make up her own mind about the conflict. Her discussion on C-Span about the origins of ISIS includes, towards the end, a discussion of how she came to see the Israeli-Palestinian conflict. Here is a two-minute clip from that longer piece explaining how she got to her current path.

Some people may not like the facts, and some people may like to put their own gloss on the facts, but if we just look at the facts, and the situation on the ground in Israel and (what as yet is not quite) the promised Palestine, I think everyone would agree there is something seriously amiss here.

What the Israelis are doing is illegal. It is immoral, too, but lots of people do immoral things and we can’t stop them. The International Court of Justice in the Hague, however, ruled in 2003 that the Wall Israel constructed in the West Bank ostensibly for its own protection beginning in 2002 is illegal. It cuts off fifteen percent of West Bank land from the West Bank and puts tens of thousands of Palestinians on the Israeli side of the Wall, among other things. Why hasn’t this been addressed in the 12 years since it was constructed?
"The International Court…stated directly that other countries have their own responsibility to pressure Israel to comply with the court’s opinion…The US government quietly criticized the Wall early in its process of construction, but soon dropped the critique and agreed, in direct violation of the Court’s ruling on the obligation of other states, to pay Israel almost $50 million—taken out of the $200 million the US provided in humanitarian support to Palestinian NGOs—to construct checkpoints and gates in the Wall."

Harvard University’s Shorenstein Center has an online Journalist’s Resource from which I gathered the following information:
Since it was founded in 1948, Israel has become the largest single recipient of US foreign assistance — a total of $121 billion, almost all of which has been in the form of military assistance. - See more at: (“http://journalistsresource.org/studie...”)
Why aren’t we tying assistance to compliance with the law? I can’t figure it out. I know that wealthy Jewish donors in the US skew the political process by pressuring candidates to vote sympathetically to their issues by giving them generous campaign donations, and by buying up media sites that send out constant self-serving messages. Is it really that bald? Money? Power? Influence? Geez. Talk about a morality deficit.

Since the history recounted in this short book, the United Nations has granted non-member observer state status on Palestine, and now allows the Palestinian flag to fly at the U.N. These steps were taken despite the U.S. and U.S. allies voting “no” on the resolutions. This book will tell you why this has happened.

It is difficult for even a well-read American to separate truth from falsehood in the history we learned in school and from our own government these past sixty-odd years. We only hear the Israeli voice; Palestine has been almost erased, her people silenced. It takes real dedication for anyone to understand why, in the modern era, millions of people would be forced from their land with no compensation, and then, gradually, over time, lose rights to even the small amount of land they had left from their own holdings.

I feel quite sure that things could have been handled differently at many turns over the years. I wonder how Israelis think their occupation of Palestinian land will end. Does their government think they are going to protect Israelis from harm by this method? Is this the way to live in the world? Americans can hardly claim the high road by their treatment of minority classes in their own country. I think we are seeing how that’s working out in real time.

I am forming an opinion, and it is not what I learned growing up.


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Monday, September 7, 2015

Go Set a Watchman by Harper Lee

Harper Lee’s second published novel confirms once and for all that Harper Lee was the writer we all thought she was when To Kill a Mockingbird became a worldwide success. Considering the period during which this novel was written, the arguments Lee places in the mouths of her characters seem as dangerous as a torch of oil-soaked rags burning hot in an airless Southern night, both for and against basic civil rights for black people.

The voice in this novel is distinct enough never to be mistaken for another, and the pleasure we derive from the stories liberally spiced with Southern wit and reminiscence…Jean Louise learning about sex, the morning coffee for neighbor women, or Scout wearing falsies to her first dance…make us want to laugh and weep that there is so little of Lee’s writing to enjoy. Watching Jean Louise take her first steps as an independent adult and see what it means to be a family member and a Southerner in a time of unequal rights is revelatory and beautifully clear.

In a time when authors find themselves hiding their meanings within complicated storylines and off-kilter personalities, this story and its thrust comes across as clear, powerful, and very close to perfect. Yes, its arguments may seem dated, but they certainly weren’t in the mid-50s when this novel was written, and considering race relations in the U.S. currently, we could all use a little look back at how little many of us have progressed in sixty years. Could it be that we just don’t listen to any voices that don’t accord with our own? Jean Louise’s Uncle Jack tells us we don’t have to try and understand, but then we won’t grow. Ah, there it is.

No matter how many times it has been written that this book preceded To Kill a Mockingbird in its genesis, but was refused by Lee’s editor, reviewers have persisted in calling it a sequel. And no matter that this book contains keys to important concepts many of us have never understood, e.g., a credible explanation for how individual Southern soldiers viewed America’s Civil War, and how reasonable men can disagree on something so fundamental as civil rights for all people, reviewers persist in voicing their indignation over the attitudes of a fictional lawyer. If the reaction to this book is any indication of how her first work was received, it is no wonder she never wanted to publish another novel: “I would not go through the pressure and publicity I went through with To Kill a Mockingbird for any amount of money,” she told a close friend.

This is a novel about growing up and learning to reconcile painful truths about the world. Lee’s meaning couldn’t be clearer, since she puts her arguments in the mouths of learned and articulate people and has precious little plot or character ornamentation to obscure her arguments. Some have called this bald sermonizing. To me it was a balm. The arguments surrounding race relations are so fraught that someone stating straight out what their issues are aids clarity and understanding, even if distinctions are still fine and complicated enough to make me weak with relief that I don’t have to read this book in translation, or in a language not my own.

I really can’t understand the twisted-mouth criticism of this novel. Adam Gopnik in The New Yorker (July 27th edition) calls the novel “touching, beautiful…and magically alive,” though heavily hyped. It was so hyped I became suspicious of its value as literature before I read it. Considering the success of Harper Lee’s first novel and her reclusiveness in the years since, a new book from her really is an event to be celebrated. Look what happened this summer leading up to Jonathan Franzen’s new book, Purity. You’d think his book was a miracle instead of one from a popular writer in the middle of his career. The American marketing machine cannot be accused of shrinking from their god-given right to make money anyway they can.

I listened to this novel read by Reese Witherspoon whose southern accent gave the novel a charming verisimilitude. And listening to Jean Louise’s Uncle Jack at the end help her integrate what she’d learned during her stay in Maycomb was grace itself.

Don’t let any reviews discourage you from enjoying this novel for yourselves. It is a wonderful, spicy, clear-eyed view of the South with all its peculiarities. A better defense of color-blindness I have not heard.


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Sunday, March 1, 2015

The Competition by Marcia Clark

Author Marcia Clark, TV correspondent and former prosecutor, manages to distinguish her crime series by the strength of her writing and by her intelligent presentation of the material: she gives her readers an undeniably authentic inside look at the search for criminals, sharing along the way terminology and methods, points of law and methods of prosecution. She leavens the work by including the taunt-slinging humor that a hard-working, hard-living law enforcement team shares while investigating major crimes.

Clark’s Rachel Knight series features a prosecutor from the office of L.A. Special Trials. In her earlier (and shorter) novels, Knight was investigating interesting crimes that plague cities. This book takes on the important subject of the psychopathy behind mass shootings, whether at schools, stores, or the cinema. Clark relies heavily on the David Cullen’s nonfiction treatment of the Columbine shooting, Columbine, so that we can see clearly the resemblances in the copycat incident she relates, but she also looks closely at the other examples we’ve endured in the recent past and shares psychologists’ view of the phenomenon.

Clark’s story has many false leads and misdirection, but what I liked best was the palpable sense of not knowing enough: though the investigators worked hard at finding clues, there was so much they simply did not know. Clark manages to make us understand the real difficulties in pursuing an investigation in cases like these, and why it takes so long to make headway (hint: it is not simply because of the fabled traffic jams in L.A.). The smog fog of confusion felt very real to me. When, towards the end of the book, Knight and her partner on this case, Detective Bailey Keller, finally get a lead that connects tiny shreds of information learned from disparate sources early in the investigations, Bailey sits back in her chair and says "Well, what do you know. An actual bona fide lead. So that’s what it feels like." And we feel that sense of discovery, awe, and relief, too.

Clark exhibits her control in a story of this size and scope. She covers a lot of ground by looking at so many major examples of mass shootings and still keeping the story alive with interactions between her characters. If I had any criticism, it would be that there were too many words, but I am not going to quibble. This is an excellent example of its genre which also serves to highlight important questions about our society and justice system.

In my review of an earlier book in the series, Guilt by Degrees, I commented that Rachel Knight seemed to have expensive tastes when it comes to eating and drinking. She still does, but I can see more clearly in this novel that Knight has time to eat only rarely and when she finally does, often late at night, she deserves every bite of those exotic meals. Hers is the kind of job that doesn’t slow or stop for normal people’s needs.
The first book in the Rachel Knight series, Guilt by Association, was a wonderful debut. Take a look if you are beginning the series for the first time.


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Friday, January 2, 2015

This Changes Everything by Naomi Klein

Klein has every reason to be depressed about the way governments the world over are relinquishing their responsibilities when it comes to air, water, and land pollution. Although she admits to faltering in looking forward to the future we have left for our children, in the end she does not quail: she comes to see that there is a glimmer of hope that humans might actually slow or stop other humans from destroying our habitat, and the habitat of other species on the planet. In fact, our salvation may only be possible if the electorate, the populace, refuse to accept what we are being offered by our governments and the corporations “serving our needs.”

Oh, what a thing man is…but Klein’s concludes that “humanity is not hopelessly selfish and greedy—the image ceaselessly sold to us by everything from reality shows to neoclassical economics.” Climate change is not merely about climate: Klein explains how it has always has been and always will be about social justice. It isn’t about the politicians or corporations, really, any more, it is about us, though it is true that corporations
“have become the authors of the laws under which they operate…In fact, current trade and investment rules provide legal grounds for foreign corporations to fight virtually any attempt by governments to restrict the exploitation of fossil fuels, particularly once a carbon deposit has attracted investment and extraction has begun. And when the aim of the investment is explicitly to export the oil, gas, and coal and sell it on the world market—as is increasingly the case—successful campaigns to block those exports could well be met with similar legal challenges, since imposing ‘quantitative restrictions’ on the free flow of goods across borders violates a fundamental tenet of trade law.”

Klein makes the inescapable point that we are currently legally bound to accept fracking, oil drilling, and coal extraction on or near our own land and that stopping it from happening requires court action. The poorest and most disenfranchised among us usually have the least tools, but fortunately in Canada and areas of the U.S., some native Indian communities find that the original land grants give them some clout when refusing extractive industry, a strange reversal of fortune in this era of “Drill, baby, Drill.”
"many non-Native people are starting to realize that Indigenous rights—if aggressively backed by court challenges, direct action, and mass movements demanding that they be respected—may now represent the most powerful barriers protecting all of us from a future of climate chaos."
This is about us. We have the power. Politicians and corporations just make the ride more comfortable or less. One could argue that they are not responsible for changing the world—we are. So…it is time to take action and put in place the kind of leadership we seek. Diverse constituencies must come together to make transformative change.

Klein makes the point that the touted “jobs” that are reaped in building, for instance, the tar-sands pipeline would be swamped by the jobs created if that investment went into green investment. And speaking of investment, it is not enough, Klein asserts, merely to divest of extraction industry stocks, but it is also necessary to reinvest those monies in the place they might do the most good: “today’s climate movement does not have the luxury of simply saying no without simultaneously fighting for a series of transformative yeses—the building blocks of our next economy that can provide good clean jobs, as well as a social safety net that cushions the hardships for those inevitably suffering hardships.”

A couple of months ago I reviewed Days of Destruction, Days of Revolt, a book the journalist Chris Hedges collaborated on with the graphic artist Joe Sacco. That book describes the “sacrifice zones” in the United States that sustain the extractive industries and a corporate mindset, rather than a consideration of the wider body politic by “sacrificing” certain areas of the country and land to degradation so that the rest of us can live comfortably. Klein mentions the same phenomenon, but she puts us in the driver seat:
“To fail to [confront an imminent and unavoidable climate emergency]—which is what we are collectively doing—knowing full well that eventually the failure could force government to rationalize ‘risking’ turning whole nations, even subcontinents, into sacrifice zones, is a decision our children may judge as humanity’s single most immoral act.”

Klein does discuss the responses and solutions proposed by scientists and corporate entities have given to obvious indications of climate change, to give the other side their say. But in wide discussions with the larger scientific community, the solutions thus far proposed all have hideous effects that may be worse than the problem. For instance, one idea that apparently has gained some traction is the concept of exploding sulfur dioxide particles into the atmosphere to reflect the sun’s rays and some of its heat, similar to a volcanic eruption. Unfortunately, most scientists agree that this would have deleterious effects on monsoon and other weather patterns and certainly would have consequences we have not yet determined. In other words, the proposed fix is to carry on with our lifestyles and almost certainly do more damage, rather than thinking about how to conserve, protect, to think of the world and the creatures on it as a whole. We could utilize our best minds and skills to recreate our energy future, but that opportunity to date is being wasted on chimerical solutions rather than the more obvious one of paying attention.

What Klein does show us, sadly, is how in the past green movement proponents and non-profits have tried to work with oil and gas companies but have ended up in their pockets: “chummy green partnerships” she calls it. “The climate movement has found its nonnegotiables…and it is delivering some of the most significant victories the environmental movement has seen in decades.” There is a movement afoot, and motion has been detected in pockets of resistance across America and the world. It is gaining mass and momentum, and she is urging us to jump onboard and make the changes we wish to see. We have the power.

What use is despair? If we are going down, we might as well go down fighting. Klein quotes Yotam Marom, an organizer with Occupy Wall Street in New York: “The fight for climate isn’t a separate movement, it’s both a challenge and an opportunity for all of our movements. We don’t need to become climate activists, we are climate activists. We don’t need a separate climate movement; we need to seize the climate moment.” Just possibly we might be able to change the world.

This is a big book, but not a difficult or dense read, since undoubtedly the reader that picks up this book will be familiar with some of the facts. It is a fascinating discursive discussion covering the whole world when giving examples of pollution from and resistance to extractive industries. It is a massive collection and organization of information and a real work of generosity. Thank you, Naomi Klein!

--Later-- Still thinking about this book when I picked up Hannah Arendt's Responsibility and Judgment, essays written after her report on Eichmann in Jerusalem: A Report on the Banality of Evil. I found myself thinking about Arendt's definition of evil alongside Klein's thesis. Check it out here.

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Saturday, November 8, 2014

No Place to Hide by Glenn Greenwald

No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State Snowden and Greenwald were afraid the information they’d risked everything to expose would be ignored or shrugged off by the public, so inured are we to the pervasiveness of “threats” and its counterbalance “surveillance.” In one of the later chapters, Greenwald addresses the idea of privacy, and why we need it:
“Only when we believe that nobody else is watching us do we feel free—safe—to truly experiment, to test boundaries, to explore new ways of thinking and being, to explore what it means to be ourselves…it is in the realm of privacy where creativity, dissent, and challenges to orthodoxy germinate.”
This statement contains both the reasons for and reasons against the massive state surveillance program executed under the aegis of the National Security Agency.
“We shouldn’t have to be faithful loyalists of the powerful to feel safe from state surveillance. Nor should the price of immunity be refraining from controversial or provocative dissent. We wouldn’t want a society where the message is conveyed that you will be left alone only if you mimic the accommodating behavior and conventional wisdom of an establishment columnist.”

The last two chapters of this book are extraordinarily thought-provoking: Greenwald shares his thinking on privacy and the purpose of journalism, or "the fourth estate." He is clearly angry, but his anger serves a purpose. Greenwald won several awards for his reporting on Snowden, including being named one of 2013's Top 100 Global Thinkers by Foreign Policy magazine (along with Snowden). The last two chapters of this book tell us why.

Elsewhere in the book Greenwald discusses meeting Snowden and introducing him to the world and he shares some actual screenshots of the material provided to him by Snowden. Undoubtedly some of this material and the accompanying discussion of it will help bad actors realize the extent of U.S. oversight of their activities, and allow them to think of ways to evade detection. In that sense, this has undone some of what our security agencies have put in place.

But neither Greenwald nor Snowden are traitors in the absolute sense. Mass surveillance itself makes detecting and stopping terror more difficult. There is too much information. These two shined a light on that important caveat. Greenwald and Snowden also reveal how the machinery of protection can and is being used alternatively…to obtain economic, financial, and political advantages, e.g., trade data, negotiation talking points, private correspondences between a foreign leader and her advisors…and how it can be used to monitor us, should the need arise.

We may not feel the danger now, said the frog in the warming pot. But the danger is clear, all completely beside the fact that individuals within the surveilling organizations have access to the data, anytime, anywhere. “People are willing to dismiss fear of government overreach when they believe that those who happen to be in control are benevolent and trustworthy.” How many of us can say this for successive political administrations that change party affiliation?

But what is monstrously clear to me is large numbers of people involved in instituting and executing the series of programs revealed by Greenwald and Snowden believe they are “protecting the state,” when in fact they may be doing the opposite. In the past I recall wondering how mass delusion was possible. Isn’t this another case of the phenomenon? The convincing arguments about fixing security failures have given way to clever folks believing “collect it all” is in the public interest. How they can believe it day after day, year in year out must be that their education and their economic livelihood are tied up in it: all high tech entities are involved. The system becomes inescapable. And they can’t talk to anyone about it.

I think Greenwald makes an eminently reasonable argument when he says that we have made the threat of terrorism an argument for dismantling the very protections that make our system of government so unique and so exceptional and so universally admired. We go to the dark side on that path. We have other examples of countries that have made such choices, some still operating today. I do not think that should be our goal.

Greenwald defines the concept of the “fourth estate” thusly: “those who exercise the greatest power need to be challenged by adversarial pushback and an insistence on transparency; the job of the press is to disprove the falsehoods that power invariably disseminates to protect itself. Without that type of journalism, abuse is inevitable.”

Regarding journalistic objectivity, Greenwald is blunt: “The relevant distinction is not between journalists who have opinions and those who have none, a category that does not exist. It is between journalists who candidly reveal their opinions and those who conceal them, pretending they have none.” I admit that has been an issue that has bothered me for years, having discovered a remarkable lack of objectivity in newspapers even in choosing which stories to run and which to withhold.

The final chapter in this book is a mighty indictment of the powerfully connected U.S. media establishment and celebrity reporters and finally tells me why Snowden went to Greenwald with his information, as opposed to any other news organization. It also relaxes to a certain extent the tension I experienced at the beginning of the book upon learning of Greenwald’s adversarial and aggressive stance, though I can’t help but worry that I am now being managed by Greenwald.

I think everyone can agree that Snowden, Poitras, and Greenwald are brave folks. Whatever else folks have been calling them, that, at least, is the truth.


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Monday, November 3, 2014

The Children Act by Ian McEwan

The Children Act In calm, clear, patient English McEwan presents a particularly agonizing example of the stunning success and haunting failure of a juridical system, indeed, of a well-tempered, well-disciplined judicial mind. A transcendently wise decision over a matter of life and death cannot save a vital, loving, innocent teenaged boy without concomitant fulfilment of the obligation to prepare him for the world. McEwan’s prose is precise, alluring, devilish, revealing in a paragraph a history, in a pause an acceptance. It is magisterial.

McEwan’s quietly devastating intellectual and legal thriller has the requisite two plot threads, but both occur within the confines of one character, Fiona. One thread traces the crumbling of a long-time marriage between two successful adults on the cusp of old age, and the other is defined by a case Fiona is handling in court. McEwan’s choice to make his central character a judge and a woman brings an undeniable tension to our reading. We are not accustomed to imagining the home lives of judges.

The dissolution, by silence and sighs, of a long-term marriage is distressing enough, but when neither party wants it, it is a kind of willful “suicide” and we are undone. The case that delivers the coup de grâce features a religious young man undergoing medical treatment for leukemia. His faith does not allow a life-saving blood transfusion and Fiona must decide whether he is to live with treatment or certainly die.

It is ungainly to pair the word “children” with “jurisprudence” by any stretch of the imagination, and yet that is something McEwan does here. It is something many family lawyers do every day, day in and day out, for their working lives. The tension created by the cool, educated rationality and judicial restraint exhibited in a hotly debated and divisive case of life-giving treatment versus religious scruple is stomach-churning and mind-roiling. Fiona makes a wise decision hailed by all litigants (view spoiler).

McEwan skillfully manages us by cranking up the tension and releasing it in unexpected ways. On the day Fiona visits the boy in her case to see if he is aware of the consequences of his decisions, she inappropriately experiences a thrill of excitement in contemplation of the hospital visit. Fiona "likes hospitals." She has good memories of her own hospital stay as a child. As she enters, the décor of the hospital parodies the ambiance of an international airport promising different destinations, PEDIATRIC ONCOLOGY, NUCLEAR MEDICINE, PHLEBOTOMY, in signs with motorway lettering. The absurdity of these observations helps us through our approach to the too-terrible-to-contemplate interview. The hospital scene is unexpected, surprising, life-giving--filled with tension and its not-quite release.

Another gorgeous set-piece comes months later. Nowhere had McKwen even hinted at anything so crass as sexism in the high courts. But in one slyly telling scene he has Fiona on assignment in Newcastle, staying overnight without her husband in a drafty mansion with four other judges
“in dark suits and ties, each holding a gin and tonic, [who] ceased talking and rose from their armchairs as she entered.” At dinner, “after a hiatus of polite dithering, it was agreed that, for the sake of symmetry, Fiona should sit at the head. So far she had barely spoken.” During the dinner conversation about ongoing cases under adjudication, one diner solicitously interrupts Fiona’s closest dinner companion with “I hope you realize just how distinguished a judge this is that you’re talking to.”
Just in case you missed her significance.

Even when Fiona is away from court and home there is tension. She has set herself up to open Christmas Revels in the Great Hall, playing Berlioz, Mahler, Schubert on piano in front of colleagues where “standards were punitively high for an amateur affair…It was said they knew a bad note before it was played.” Her schedule permits little time for practice, but when she finally is able to schedule a practice with the barrister with whom she is to perform, he spends acres of precious time ranting about a case he is working on, while we listen and grow anxious.

The lawyerly rants seeded throughout the novel serve many purposes. The first crushes any notion of pure Justice. Any system of justice made by imperfect persons will be imperfect. We also can see the eminent reasonableness of the barristers in their struggle to serve justice. The rants increase the readers’ tension not only because they may be long and complicated but because we know any ruling will be fraught with dissent and division. These things place a judge in an intolerable position. Fiona recognizes in law concerning children “kindness…[is] the essential human ingredient.”

One cannot help but imagine a terrific movie being made from this carefully crafted short novel. Sections of it read like stage directions, so much do we learn from a glance, a setting, a situation. So much of the tension in the relationship between Fiona and her husband is manifestly visual and unspoken, so polite and yet so hurtful. And the boy. We want to see the boy.

McEwan writes with such economy, clarity, humor, and insight that it is always a joy to discover what he will to focus on next. The 2014 hardcover edition published by Doubleday is beautifully printed, and a pleasure to hold, to read. I even like the cover. The novel is a stunning success. Kudos all round on this one.


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Thursday, February 10, 2011

The Chimps of Fauna Sanctuary by Andrew Westoll

Years ago I lived a long time in a populous third-world country. I remember saying to a friend living in the U.S. that a focus on animal rights seemed a distraction in view of human living conditions around the globe. She gave me a look I can still see to this day and have thought about many times since. "Why are we more important than every other living species?" and "What would our lives be like without other species?" she could have asked. There is no doubt in my mind that we must be more mindful of species living on the planet around us and treat each with great care and respect. That is also the theme of this fine documentary about research chimps living out their final days on a farm in Canada.

Westoll was a scientist first, but changed his focus to writing later in his career. He urges us to look at the evidence and acknowledge that we have a duty to restrict testing of animals in the name of science. And he urges us to insist Congress pass the Great Ape Protection Act (GAPA) which has been on the roster for discussion and passage for years now. Once again we lag behind other Western nations who long ago restricted the use of primates for research. Apparently studies using primates have determined that primates are sufficiently different from humans as not to be of great use in providing useful information for medical use. But the studies continue, Westoll suggests, perhaps because they are so lucrative to the grantees receiving federal monies.

In the meantime, social animals of great intelligence and emotional range are subjected to lives of captivity and the cruelties of isolation; are introduced to disease and treated with disregard. This story tells us mostly of what it is like to live with the animals now, their research days behind them (several were smuggled out of research facilities by sympathetic caregiver scientists). One is struck anew how little we know, and how barbaric we seem. Surely the rights demanded by groups of the disenfranchized over the years should have taught us how cruel and thoughtless we seemed before finally recognizing the rights of different groups (the poor, women, blacks). This is not a screed, nor a diatribe. It is a man reflecting on meeting some unusual characters who have a history, and with our help, a future.