Tuesday, June 30, 2009

Fat Electrician by Etat Libre d'Orange: I Guess This is Not a Joke

So when I first read this...I thought it was a clever joke on perfumistas.
But this description and scent is for real.
Seriously.
I checked the perfume blogs and no one seems to have actually sniffed it. It is unavailable in the US and appears to be limited edition.

If you have sniffed Fat Electrician...the perfume...please post your thoughts in the comments.
I might be crazy but the notes and mixture sound quite fetching.

His beauty would have been his greatest asset.
One imagines he was raised in the big air of Texas, his soft skin scrubbed by ears of wheat, his eyelashes curled by grappling with grace against a blinding sun. A Midnight Cowboy lost on city asphalt. A fisherman without a line, he was made to be hooked by others, to believe in his fate without knowing it, to wreak havoc and forget it over time. Youth for women-of-a-certain-age, stock for late-night parties, a partner to accompany the wealthy of Palm Peach on nature walks, his splendor is consumed in the service of others. Now, a Fat Electrician in New Jersey, his talent depleted in his sexual decline.

To celebrate this beauty which cannot be recaptured, a splendid vetiver is required -an ode to bygone eroticism. Antoine Maisondieu has willed him white, metallic, silver like the ancestral green of olive leaves. But also sweet, demure, addictive like a chestnut cream – vanilla bean, opoponax and myrrh in the bottom notes. Intensely concentrated, resinous, flawlessly unrefined, it conveys a sensuality of contradiction. Because all beauty carries within itself the knowledge that it will not last.

Fat Electrician, 50ml 59 € only at the boutique 69 rue des Archives - Paris 3ème
Available in March 2009

http://www.etatlibredorange.com/blog/?p=442

Monday, June 29, 2009

Faces of Our Martyrs

This is Kianoosh Assa, gunned down in Azadi Sq. on Monday 15th June.He was a chemical engineering undergraduate at Tehran Science and Technology university.Despite all intimidations, his student colleagues held an impressive memorial for him. They even brought down Ahamdinejad's picture and replaced it with Kianoosh's picture.Kianoosh was from Kermanshah. His family were not told about his death

Nick Ferrari Says He has Resigned from Press TV

LBC presenter, Nick Ferrari, who also presented programs on Press TV, was confronted with angry listeners who were critical of him working for the Islamic Republic funded Press TV. Nick however claimed he had already resigned from Press TV two weeks ago following the crackdown on pro-democracy protesters and any program which still shows him is pre-recorded.Amongst other English Press TV

News & Links List

"Does a venture capitalist’s size — and network — matter?" VentureBeat, Matt Marshall

"The Top 100 Networked Venture Capitalists" TechCrunch

"Yahoo Kills Maven: From Acquisition To Deadpool In 17 Months" TechCrunch

"Venture Capitalists V. Founders: Battle At Mochi Media" TechCrunch
Yes, lot from TechCrunch today but it's just because they had worthwhile posts :)

"Extending Google services in Africa" Official Google Blog

"Twitter as the Foundation of Your Business" BNET

"Looking into the Future of Digital Marketing" eMarketer


"The True Story of True Ventures" peHUB

"Solidarity With Iran
Reagan's Polish lesson for Obama and the American left."
WSJ

"President Obama Defends Right to Choose Best Care" ABC News
Obama's healthcare plan is good for the general public, but not for his family.

"The Climate Change Climate Change
The number of skeptics is swelling everywhere."
WSJ

Death Be Not Pitch*



Laermer has jury duty. So while he does his civic duty, we’re waiting to put a fine point on our point-counterpoint posts. In the meantime, I have to rant and wonder WTF some publicists are thinking when they pitch around celebrity death.

If we’ve posted about this once, we’ve posted about it at least three times in the past. We’re getting tired of it and refuse to create The Dead Pitch Blog -- even though brand extensions are in and there seems to be a sad amount of fodder through the years for this macabre project.

Unfortunately there are some low-class, no-class publicity hounds willing to do anything to get their clients ink.

Dr. Drew -- Surgeon General Compared to These Sources
Our worst pitch was sent as a pondering email: “Michael Jackson - Death or simply 'Put to Sleep?'” Upon further investigation we learn that this person’s client is three steps removed from the pitch. It starts with Michael Jackson and leads to a Dr. you assume is being pitched as the client/source – but no.

“After reading this, I knew I'd found the right man to discuss Mr. Jackson's addiction to opiates, and asked him for a face-to-face interview. Dr. NAME, himself, has never treated Michael Jackson directly, but because of his extensive knowledge of addiction, and detoxification - I thought he'd have some cogent and perceptive thoughts on Mr. Jackson's life, addiction and death. Also, because of Dr. NAME extensive work with addicts at CLIENT, I was curious to hear about how Mr. Jackson's wealth and power might have played a role in his active addiction while living and, in his subsequent death.”

How’s that for a weak link? Not to mention it is wrong on so many levels. Is anyone else wondering why someone would pitch THESE sources to US?

But wait, there’s more! We were also sent this one from a similarly offended recipient.

“Michael Jackson's Fatal Demerol Addiction No Surprise to CBS Personality and Previous Addict” This pitch ends with this strategic insight: CLIENT is ready, as a guest, to begin talking about the anticipated toxicology — while everyone is still reporting on "heart attack."

I Want a New Pitch*
If this is your idea of timely pitching, you need to stop chasing ambulances and study up on good taste. And we didn’t out any of the above thick skulled ass hats as they probably think all Google Juice is good Google Juice and wouldn’t get the point of this post. >/rant<

With apologies to the book, and the song and -- most of all -- the families of all of the deceased.

Each war is different, each war is the same uploaded by kevindooley

Nutty old Lovelock is at it again

Climate war could kill nearly all of us, leaving survivors in the Stone Age, apparently

We need a climate change 'Churchill' to lead us away from planet-wide devastation, writes James Lovelock in the latest edition of Conservation magazine. 'We have enjoyed 12,000 years of climate peace since the last shift from a glacial age to an interglacial one,' says Lovelock.

In a small way, the plight of the British in 1940 resembles the state of the civilized world now. At that time we had had nearly a decade of the well-intentioned but quite wrong belief that peace was all that mattered.

The followers of the peace lobbies of the 1930s resembled the environmentalist movements now; their intentions were more than good but wholly inappropriate for the war that was about to start. It is time to wake up and realize that Gaia, the Earth system, is no cozy mother that nurtures humans and can be propitiated by gestures such as carbon trading or sustainable20development.

Gaia, even though we are a part of her, will always dictate the terms of peace. I am stirred by the thought that Gaia has existed for more than a quarter the age of the universe and that it has taken this long for a species to evolve that can think, communicate, and store its thoughts and experiences.

If we can keep civilization alive through this century perhaps there is a chance that our descendants will one day serve Gaia and assist her in the fine-tuned self-regulation of the climate and composition of our planet.

We have enjoyed 12,000 years of climate peace since the last shift from a glacial age to an interglacial one. Before long, we may face planet-wide devastation worse even than unrestricted nuclear war between superpowers. The climate war could kill nearly all of us and leave the few survivors living a Stone Age existence. But in several places in the world, including the U.K., we have a chance of surviving and even of living well.

For that to be possible, we have to make our lifeboats seaworthy now. Back in May 1940, we in the UK awoke to find facing us across the Channel a wholly hostile continental force about to invade. We were alone without an effective ally but fortunate to have a new leader, Winston Churchill, whose moving words stirred the whole nation from its lethargy: "I have nothing to offer but blood, toil, tears, and sweat."

We all need modern Churchills to lead us from the clinging, flabby, consensual thinking of the late twentieth century and to bind our nations with a single-minded effort to wage a difficult war.

SOURCE







Australia: Warmism now a mass-market fad



PRODUCTS with labels spelling out how much they pollute are set to appear on supermarket shelves next year, giving shoppers yet another way to turn consumerism into social activism. The greenhouse gas emissions associated with the entire production of everyday products will be clearly labelled on them, alongside a pledge by those participating companies to reduce them every two years.

A similar scheme has been operating in Britain for two years with the support of 20 companies, including the retailers Tesco and Boots, and products such as chips, soft drinks, laundry powder and even bank accounts carry the black footprint logo. The scheme's owner, Britain's Carbon Trust, has licensed Planet Ark to roll out the scheme here. Planet Ark's project manager, Diane Mann, said: "We are always talking about empowering the consumer to make a change and this is one way that they can do it … by endorsing a company that has committed to change."

Australian consumers are already voting with their wallet. Sales of products carrying the green frog of the Rainforest Alliance have risen 23 per cent in the past year, and sales of Fairtrade products are set to rise by 80 per cent this year.

In Britain, the Carbon Trust looked at every step of the supply chain of a bag of chips - from growing the potatoes to their transport, manufacture and packaging. It found the majority of emissions came from the farming and transport of potatoes to the factory, leading the company - Walkers, which is part of the PepsiCo empire - to pressure farmers to uses potato varieties that retain less water and are lighter to transport. Walkers reduced its overall emissions by 7 per cent - which amounted to 6g less CO2 a bag - allowing it to keep the footprint logo for another two years.

Ms Mann said she was holding talks with a number of international and local companies to sign up for early next year.

Ben Peacock, the founder of Republic for Everyone, an ad agency that specialises in ethical causes, said: "All the research I'm seeing is showing that green issues are still top of the mind for some consumers even though there's a recession."

SOURCE






CLIMATE CHANGE NOT A SECURITY THREAT: BRITISH DEFENCE DEPT. WITHDRAWS CLIMATE FUNDING

The UK's Met Office has had its funding for climate research slashed by a quarter, following withdrawal of financial support by the government's Ministry of Defence (MoD). The loss of £4.3 million (US$7.0 million) in funding from the MoD will affect the Met Office Hadley Centre for Climate Change in Exeter, the world-class climate modelling institute whose researchers made key contributions to the last assessment report of the Intergovernmental Panel on Climate Change (IPCC) in 2007.

"This news comes as a shock," says climate scientist Martin Parry, formerly at the Met Office and now at the Grantham Institute for Climate Change at Imperial College London. "The UK's core modelling work on climate change has been funded from this source, up to now." "Global and regional security will be threatened by climate change, and the MoD is hopelessly wrong to think it is outside its responsibility," adds Parry, who co-chaired the IPCC's working group on climate impacts, adaptation and vulnerability.

In a statement, an MoD spokesperson said that the cuts, which will come into effect immediately, were made with a view to "prioritizing success in current operations, such as Afghanistan".

This will be the first time that Met Office climate research has gone without MoD cash, according to a Met Office spokesman. The office became an executive agency of the ministry in 1990 and a commercialized trading fund in 1996. By 2008, one-sixth of its budget of £176.5 million came from commercial services. But government, and the MoD in particular, has continued to be its main customer and funder.

In 2007, the MoD signed a three-year deal worth £12 million with the Met Office, to part-fund its Integrated Climate Programme (ICP), which makes up the bulk of its climate research. Although the MoD has withdrawn its remaining funding, a Met Office spokesman insisted that the programme is not threatened. The Department of the Environment, Food and Rural Affairs (DEFRA) is committed to providing £4 million per year in funding up until 2011 to ICP, and the Department of Energy and Climate Change (DECC) will provide approximately £10 million in annual funding over the same period.

The Met Office is now in negotiations with these departments, and with the Department for International Development (DfID), in an effort to recoup some of the lost funding. "If they don't recoup it, they are going to be in serious trouble," said Gavin Schmidt, a climate modeller at NASA's Goddard Institute of Space Studies in New York. "Losing 25% of your funding is a huge deal. Five percent is generally containable, but 25% is not an amount you can hope to absorb easily."...

SOURCE






INDIA REFUSES TO TOE WESTERN LINE ON EMISSIONS

India fended off pressure at the recently concluded Major Economies Forum to agree to greenhouse gas emission reduction commitments in a declaration being prepared for the G8+5 summit that is to be held in Italy in July. The Major Economies Forum, supported by the US, is a conglomeration of 20 countries, including key emerging economies and industrialised nations. Critics believe it was set up to force a decision at the global climate negotiations under the UN Framework Convention on Climate Change.

Officials told TOI that at the forum, the US and other developed countries insisted on India and other developing countries to agree to a declaration for the G8 summit that would require GHG reducing commitments from them in the long run. "At the same time, the rich nations stayed ambivalent on what targets they would take in the short to mid-term," an official said.

The rich nations have demanded that growing economies like India and China take on emission cuts in the long run while running shy of either taking deeper short-term targets or discussing technology and funds transfer for adaptation to poorer nations.

The G8+5 declaration, if one is hammered out in time, could become an overarching political statement of the key nations that would force negotiations at the UN meetings in a particular direction. The UN negotiations are seen by developing countries to be far more democratic and where India and China hold the trump card along with the G77 block. The G8 club is perceived by observers to be a forum where pressure on emerging economies can be piled on heavy as it is difficult for them to be seen as "nay-sayers".

There was also limited talk on other issues on the climate table favourable to India - technology and finance.

SOURCE






PESKY GREAT LAKES

The U.S. Army Corps of Engineers reports that Great Lakes water levels are up from this time a year ago. Lakes Michigan and Huron are up 12 inches, Lake Superior 2 inches and Lake Erie 5 inches while Lake Ontario is unchanged. Even Lake St. Clair is up 9 inches. Erie and Ontario (and St. Clair) are between 2 and 6 inches above long-term monthly averages for June. Superior, Michigan and Huron are only 6 to 7 inches below long-term averages for June. While this change in the water levels is pronounced, it is not unusual. The Great Lakes have a history of considerable fluctuation in water levels.

During the last 10 years, water levels in the Great Lakes have been below long-term averages. For 30 years prior to that the levels were above average. In fact, historical water level data indicates there is no normal water level for the Great Lakes. A normal water level and an average water level are not the same thing.

The press has been quick to report on lower-than-average Great Lakes levels over the last decade. Many of the articles quote environmental and other groups predicting the dire consequences of global warming's influence. "Warming saps Great Lakes: Water levels could take big drop as Earth gets hotter" is the headline of an article that appeared April 7, 2007, in The Detroit News. In the article, Scudder Mackey of Canada's University of Windsor predicts that in a worst case scenario, Lake St. Clair's shoreline could recede by as much as 3.5 miles. In the same article George Kling, a University of Michigan ecologist, suggests that within 30 years summers in Michigan are likely to feel more like those in Kentucky today and that by the end of the century, summer weather will resemble Arkansas and northern Mississippi.

Climate change alarmists predicting doomsday scenarios for the Great Lakes are probably not too pleased with the draft report "Impacts on Upper Great Lakes Water Levels: St. Clair River" released May 1, 2009, by the International Joint Commission. The report found that the difference in water levels between Lake Michigan-Huron and Lake Erie of 9 inches between 1962 and 2006 was caused by three factors:

* A change in the conveyance of the St. Clair River, mostly likely caused by a large ice jam that occurred in the mid-1980s;

* Glacial isostatic adjustment (the rebounding of the earth's crust after the melting of the glaciers about 10,000 years ago);

* Changes in climate patterns.

If lower-than-average water levels in the Great Lakes is caused by global warming, then increasing water levels must be caused by global cooling, right? Of course the global cooling connection to Great Lakes water levels is just as spurious as the global warming claims. Maybe it is time to take a pause and understand that as much as we might like to, man does not control nature. At the very least we should not undertake expensive and job-killing policy initiatives such as cap-and-trade of CO2 because of predictions regarding the Great Lakes, which are proving to be wrong.

SOURCE







Composting is bad for your health

Giant compost heaps used to recycle garden waste and leftover food could be harming the health of those living nearby, experts have warned. Researchers fear the industrial-scale sites increase rates of asthma, respiratory infections and skin complaints among locals unless they are correctly regulated.

There are already nearly a hundred commercial composting facilities in the UK, handling more than 1.7million tons of waste per year. The number is expected to double as councils scramble to meet Government targets for recycling organic household waste.

But critics warn that the sites lead to increased numbers of rats and flies which help to spread disease. Compost also contains bacteria, spores and fungi that can become airborne in emissions known as bioaerosols, which are potentially harmful to humans. A Government-backed study by the Environment Agency and Cranfield University has already found that among 44 sites examined, only eight had produced adequate risk assessments on protecting the surrounding area from bioaerosols.

Studies on workers at composting sites have also shown that there is a risk of respiratory infections from organisms that thrive in decaying organic matter and diseases such as farmer's lung, a common cause of breathing difficulties among farm workers. Peter Sykes, head of the centre for public protection at the University of Wales Institute Cardiff, said: 'There is certainly an occupational risk to people working in compost sites, but the risk to residents living nearby is less well known. 'It depends on how the waste is being turned, the weather and the landscape itself.'

A survey of 132 residents living near a composting facility in Coven, Wolverhampton, carried out for Ken Purchase, MP for Wolverhampton North East, found that 66 felt the health of someone in their family had been harmed by the facility. Mr Purchase said: 'What is clear is that the nuisance is persistent and that the smell alone prevents residents enjoying the pleasure of their gardens and, in some cases, means doors and windows have to remain shut even on good summer days.'

It usually takes three months for organic waste to turn into usable compost, during which time temperatures inside the compost heaps can hit nearly 150F (65C).

In most sites waste is piled up in the open and regularly turned over by heavy machinery, which aids composition but spreads dust.

The Environment Agency is now producing new guidance for composting sites on how to reduce their emissions.

The UK produces more than 100million tons of food and other organic waste each year but currently just 2.8million tons are sent for composting.

Trelawney Dampney, managing director of Dorset-based Eco Sustainable Solutions and a director at the Association for Organics Recycling, said the industry was aware of the concerns and followed Environment Agency guidance to try to avoid any risk to the public. He said: 'The Environment Agency advises that all sites should be more than 250 yards from residential dwellings because within 250 yards the exposure to bioaerosols could be reasonably high, especially if they are down wind.'

SOURCE

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For more postings from me, see DISSECTING LEFTISM, TONGUE-TIED, EDUCATION WATCH INTERNATIONAL, POLITICAL CORRECTNESS WATCH, FOOD & HEALTH SKEPTIC, GUN WATCH, SOCIALIZED MEDICINE, AUSTRALIAN POLITICS, IMMIGRATION WATCH INTERNATIONAL and EYE ON BRITAIN. My Home Pages are here or here or here. Email me (John Ray) here. For readers in China or for times when blogger.com is playing up, there is a mirror of this site here.

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A time to review


Teen Vogue, solo page, February 2009


Teen Vogue,  solo page, June/July 2009


Teen Vogue,  two street pics, August 2009


Vogue Girl Korea interview, solo page, May 2009

It's not often that I take the time to review my progress with altamira, so I thought I'd make a quick post, which is more diary like, documenting my progress.  Sometimes I feel like a tug boat, chugging along...endlessly.  And other times I feel like an eagle that is about to soar.

And then add in two seasons of shooting parties for style.com at Paris Fashion Week and I guess I'm not doing so bad after all.  

Normal posts soon to resume!

Style Lessons From Alfred

[photo by MISTER MORT]
Alfred happens to be one of the most dapper dressers we have seen. He told MISTER MORT that he wears this suit all the time! Look how he matches his hat band with the rest of his suit. I am definitely taking some style cues from him.Check out MISTER MORT for some more great shots.

Not Pritzker perfect, but a new South Loop park a welcome addition to State Street

This is what it looked like in 2006, a flat, usually deserted expanse of fenced-in lawn:
This is what it looked like just this past February:
Now Pritzker Park, at State and Van Buren, is finally open, shorn of its unwelcoming fencing. The trees and the plantings still look a little sparse, but with time they should fill in. Last Saturday, there was only one other person taking respite in the quarter-block space, but with DePaul just across the street, you'd like to think it will become more popular, especially once all its amenities are in place.
The concrete edgings for the planted spaces are inscribed with quotations from a large and eclectic group of writers which ranges from Richard Wright, to Carl Sandburg, Walt Whitman, and that jolly Nazi philosopher and prince of polka Martin Heidegger. Poor Walt - his words are partially obscured by a garbage receptacle, but he still fares better than Indira Gandhi, whose name is covered over with black tape, as is that of Sandra Cisneros, whose name was misspelled "cisenos."
Right across from the library, and no one could find a proofreader?

"You can never have too much sky," is the Cisneros quotation. The park's planners have apparently came to a parallel conclusion that you can never have too much flat concrete. Although the northern half of the park is generously landscaped, the southern half is disturbingly barren. All the tall trees that lined Van Buren were uprooted and removed. Reports are that a large chunk of the expanse is to be turned over Chicago's bus shelter king JCDecaux for concessions and a cafe to be designed by New York's Robert A.M. Stern Architects. Let's hope Stern comes up with something more graceful than his stubby-limbed bus shelters strewn throughout Chicago's streets. "Removable seating" is also promised, on the website of park designers HoerrSchaudt landscape architects.
Even in its current schizoid, unfinished state, however, the new Pritzker offers a welcome change from a site that suffered from not-so-benign neglect until the city transferred ownership to the Park District in 2008. The old fencing and abutments basically negated the value of the openness by shearing it off from the surrounding streetscape. Now, movement flows unimpeded, and both Thomas Beeby's Harold Washington Library and the re-emerging beauty of Holabird & Roche's 1894 Old Colony Building get a welcome frame of space and perspective.

Even more importantly, Diane Legge Kemp's brawny Library Loop L station, which previously seemed uncomfortably shoehorned between the library and the fencing, now has room to breath, and the station and its rustic arcade offers a graceful hem-like transition from the park to the library's massive facade.

a miserable name...Thoreau's Journal: 30-Jun-1856

To Middleborough ponds in the new town of Lakeville (some three years old). What a miserable name! It should have been Assawampsett or, perchance, Sanacus, if that was the name of the Christian Indian killed on the pond.

anxiously awaiting...

Florent, the videographer, the amazing Nick de Souza (regional director for WSPA), and our vet, Marie Laure arrive with their precious cargo...

... and here are the Po, the bonobo guardians, anxiously awaiting the arrival of the bonobos!

the cheif himself is here, in his leopard skin had with leopard teeth necklace ( a very old heirloom, we are told)

More from our vet, ML from june 14

Up at 2:30am! the anasthaestia started well, the medicine mixed with a big of honey and the bonobos fell asleep one by one. The last blood tests, and the last photos. when the bonobos were ready, they were put in their cages for the truck of the airline.

We had a little trouble getting Etumbe to sleep - she is pregnant and we had to be super careful - so we couldn't give her to much anasthesia - we had to trick her into her cage!

7am, ready just in time for the trucks to take us to the airport.

thanks to the ministry, the bonobos arrived like royalty on the airport tarmac. the cages were loaded onto the plane, but Lomami, our rock star, didn't want people he didn't know approaching him - the keepers had to calm him down and carry his cage themselves!

Once all the cages were on the plane, we loaded all the equipment. the cages were roped to the plane to stabilise them and we hunkered down among the bags, the equipment and the bonobos.

during the flight, all the bonobos seemed to settle down well. Lomela played in the cage with Mbano, under the watchful eye of her mother, Etumbe. Max, our handsome male calmed down Lomami. Only Lukaya was restless and needed another injection.

After the 2 hour flight, we arrived at Basankusu. The door of the plane opened to the Equateur heat. The whole village had come to the airport to see! We had to hide the sight of all the people from the bonobos - we didn't want to freak them out!

Everything went quickly. It was very hot and we gave water to all the bonobos.

Accompanied by the entire village who turned up to see this historic day, we arrived at the ABC house. there were so many people, the local police had to rope it all off!


Sugar cane and water all round. the bonobos started to wake up - Max looked at the river, very interested...

why do you sound surprised when I call you for our scheduled phone interview?

There's a weird behavior going around, and I have to say, I think I've only seen it in people under 30.

We have a specific time scheduled for a phone interview. I call you at that exact time, precisely on the dot because I'm neurotic that way.

You answer after quite a few rings and sound like you're genuinely curious to hear who might be on the other end.

I identify myself and you say something like "Oh ... hi" with a distinct tone in your voice that really sounds like you weren't fully prepared to hear me on the other end of the phone.

More experienced candidates don't do this. Good interview or bad, they generally at least sound prepared from the minute they answer the phone.

Why are younger candidates doing this? It's as if they think it's some kind of charade where we pretend I just happen to be calling them unexpectedly. And it is very strange.

Man's Peculiar Evil

Something about Bernie Madoff calls to mind Dante, but what is it? Perhaps there’s a temptation to imagine the worst of all punishments, and Dante’s Inferno offers some colorful suggestions. For me, the Madoff-Dante connection arose in a somewhat different context—a recent paper on the often inconsistent ways in which the criminal law defines and punishes violence (early draft here). Violent crime is sometimes treated as an ideal type—the very model of what should be criminalized and punished. It’s certainly the case that crimes that cause physical injury tend to carry greater sentences than do fraud or property crimes. But according to Dante, those who commit fraud are more evil, and punished more severely in hell, than those who inflict physical violence.

Of all malicious act abhorr’d in Heaven,
The end is injury; and all such end
Either by force or fraud works other’s woe.
But fraud, because man’s peculiar evil,
To God is more displeasing; and beneath
The fraudulent are therefore doom’d to endure
Severer pang.*


Apparently, at least one of Madoff’s victims felt the same way.

At Madoff’s sentencing hearing today, Burt Ross invoked Dante as he asked the judge to sentence Madoff to prison for the rest of his life.

[Dante] placed the perpetrators of fraud in the lowest depths of hell, even below those who had committed violent acts. And those who betrayed their benefactors were the worst sinners of all, so in the three mouths of Satan struggle Judas for betraying Jesus Christ and Brutus and Cassius for betraying Julius Caesar.

... We urge your Honor to commit Madoff to prison for the remainder of his natural life, and when he leaves this earth virtually unmourned, may Satan grow a fourth mouth, where Bernard L. Madoff deserves to spend the rest of eternity.


I couldn’t say whether Madoff deserves his own mouth of Satan. His announced sentence of 150 years is a severe one. As Doug Berman notes, the difference between a 30-year sentence and a 150-year sentence may mean little to the 71-year-old Madoff, but the long sentence is important as a benchmark that may affect future sentencing for fraud offenses. Perhaps fury at Madoff and other fraudsters will simply lead us to ratchet up white-collar sentences to match the punishments imposed for violent and drug offenses. It would be a shame, though, if we used Dante only to conjure ever “severer pangs” to inflict on Madoff. The Divine Comedy invites us to consider the nature and comparative evil of types of human wrongdoing; it tries to articulate what makes violence, or fraud, so bad.

That sort of question is worth asking. As the scope of the criminal law and the scale of imprisonment has expanded, so too has the concept of violence. As I show in my paper, we don’t limit the term violence to physical injury anymore; instead, the word is becoming a repository for all we find repulsive, transgressive, or simply sufficiently annoying. Paradoxically, all the talk about violent crime has not produced sufficient critical analysis of what we classify as violent. Maybe Dante can help.


*Canto XI, from Henry F. Cary’s translation, available here.

take a pinch of keyhole

(Click on drawing to view)

This drawing had all the ingredients to be great. A beautiful subject matter courtesy of my friend Annette. Stunning colours. Heaps of nostalgia. And hours of time to simmer. Somehow, for me, it falls short of being an extremely tasty dish.

Everyday Matters #37, draw some keys.

Birthday Moon

This weekend we had a birthday party for the Bettdeckererschnappender weisle. In between the singing, eating copious amounts of excellent food, huddling around the Chiminea for warmth and watching the kids performance pieces, I set up the scope and briefly showed people the Moon before the clouds came over.

Here's an nice part of the Moon, imaged using the Canon IXUS and my digital camera holder on the 4" reflector.

Why Has the Roberts Court Suddenly Gone Minimalist?

What Ricci v. DeStefano, the Title VII case, and NAMUDNO, the Voting Rights Act case, have in common is that the five person conservative majority avoided doing what many commentators thought they would do: declare unconstitutional important aspects of important civil rights statutes dating back to the civil rights revolution of the 1960s. In NAMUDNO, the Court suggested (but did not hold) that parts of section 5's preclearance procedures might be beyond Congress's powers to enforce the Fifteenth Amendment. Instead it resolved the case by reading the statute to allow the municipal utility district to get out from under the requirements of section 5's preclearance requirements, thus weakening the statute's practical effect. In Ricci, the Court avoided saying that when New Haven threw out firefighter exams to avoid disparate impact liability, its action violated the Fourteenth Amendment, much less that the very notion of disparate impact liability violated the Fourteenth Amendment. It resolved the case on statutory grounds, creating new defenses against disparate impact liability in certain cases. In each case, one member of the Court's conservative majority went where the conservative majority would not go: Justice Thomas flatly stated that the Voting Rights Act was unconstitutional; Justice Scalia questioned whether disparate impact liability violated the Fourteenth Amendment.

The interesting question is why the Roberts Court stopped short in each case.

Judicial minimalism is (pace Cass Sunstein), not a substantive theory of how to interpret the Constitution, but rather a prudential strategy that Justices tend to employ when they are unsure of the right answer or are otherwise on the defensive. Whatever one can say about today's conservative Justices, they do not lack certainty. So the question is why the conservative members of the Roberts Court felt themselves on the defensive and thus resorted to a minimalist approach when they could have been far bolder and made a far bigger splash.

One theory is that the Court's conservatives saw that they were in a politically weakened position and feared retaliation. The Democrats hold the Presidency and both houses of Congress. If they held parts of Title VII or the Voting Rights Act unconstitutional, both the President and Congress might retaliate. But one needs to spell out in more detail what Congress could have done by way of retaliation or why it should matter to the Justices. Congress could have re-passed parts of the affected statutes, but this would not necessarily cure the constitutional defects in the Court's eyes. If the Court wanted to strike down these statutes and stick to its guns, it could. Indeed, it might make sense for it to do so; since there may be no new conservative appointments for the next eight years, perhaps the conservative majority should strike while the iron is hot.

Another theory is that the Court's swing Justice, Anthony Kennedy, has been disproportionately influenced by the recent changes in political culture, and is now unwilling to join in 5-4 opinions he might have joined in a decade earlier. This may be why NAMUDNO is written as it is, and it may be why Kennedy received the assignment to write Ricci. But it doesn't explain why Kennedy has been influenced in ways that the other Justices have not been, other than simply to confirm that he is, indeed, the swing Justice.

A third theory is Bruce Ackerman's view that these two statutes, the Civil Rights Act of 1964 and the Voting Rights Act of 1965, are more than statutes: they are now parts of the Constitution. Hence the conservative members of the Court felt that they could not hold them unconstitutional any more than they could hold the Fourteenth or Fifteenth Amendments unconstitutional. This would explain the result, but it is doubtful that members of the conservative majority actually agree with Professor Ackerman that these statutes are amendments to the Constitution.

My theory of framework originalism would offer a slightly different account that is nevertheless consistent with the general spirit of Ackerman's proposal. It argues that these two statutes are not amendments, but they are important constitutional constructions that are characteristic of the constitutional regime in which we currently live. They are both durable and canonical constructions, which have become important symbols of America's civil rights history. They invoke the memory of Martin Luther King's fight for a civil rights bill and the police attack on civil rights demonstrators at the Edmund Pettus Bridge. They are as central to our notion of what the Federal government can do and should do as the Social Security Act or the Fair Labor Standards Act, both products of the New Deal.

If the Court had struck down elements of these two crown jewels of the civil rights era, passed by democratic majorities, this would have had powerful symbolic significance, and undermined the Justices' legitimacy, especially if the decisions had been by a vote of 5-4, with the conservatives voting to use the power of judicial review to hold key civil rights provisions unconstitutional. (Note that this is an argument about the Court's legitimacy, not about whether Congress or the President could retaliate, the first theory mentioned above.)

This does not make the Civil Rights Acts constitutional amendments, but it does make them important parts of our constitutional tradition that the American people have come to expect will be preserved over time; they symbolize important values that Americans now associate with their Constitution. The Court's legitimacy as an institution comes in part from respecting the boundaries of the constitutional tradition as the public understands them. Put differently, courts largely serve to police and to legitimate the existing constitutional regime; they only act to substantially alter it when the national political coalition supports them or urges them to do so. That is not what happened recently in American politics: the conservative movement that created a conservative Supreme Court majority has run out of steam, and the Republican Party that housed the movement was decisively rejected at the polls in 2006 and 2008. The national political coalition does not support a conservative constitutional revolution that would strike down key elements of the Civil Rights regime. If anything, change is tending in the opposite direction.

I said earlier that judges turn to minimalism when they believe that they are on the defensive. If I am correct, what put the conservative Justices (and especially Justice Kennedy) on the defensive was the assumption that they would risk sacrificing the Court's legitimacy in a climate in which neither the President nor the Congress would support their gambit and would in fact do everything possible to undermine their legitimacy.

It is worth comparing this pair of imagined 5-4 decisions to Bush v. Gore. In that case, the Court was supported by a Republican controlled Congress and a Republican President (whom they helped install). Even if the decision in Bush v. Gore seemed outrageous to Democrats, it was amply supported by the national political coalition that took power in 2000. Perhaps if John McCain had won the Presidency in 2008, the five conservatives might have risked declaring parts of one or the other of these two civil rights statutes unconstitutional. But in the current political climate, with a Democratic President and a Democratic Congress, the Court's calculations of legitimacy would have to be very different.

Grand Expansion


Proposals for King Abdallah's grand expansion of the Haram Mosque in the Holy city of Makkah

Not with a bang but a wimper

Dear Universe -

Are you a regular reader here? I like to think so. If so, you should know, there went my house. It's not mine anymore. It belongs to some nice people who seem to do a lot of good deeds and who work for non-profits. I don't know if they recycle, but they seem decent. And eager.

Universe, I am exhausted. I can haz sleep now? For a month or more?

It's only been 4 years and change in this house. Not much in the scheme of, well, you. But it's my daughter's whole life. We made her in China, in the most clinical sense, but she made who she is here. She learned to talk and to walk and to annoy the ever-living shit out of me, as well as to make me giggle like a preschooler. And we made another life-potential here, but that one got stuck in a fallopian tube. I wrote a mediocre dissertation here. I fought with my husband and my parents and my girlfriends here. I loved all those people here. I made my friends play Wii games on New Year's Eve. I made them lots of chili and made them root for the Steelers. I watched Andre Agassi's last match. I made a lot of promises. I made disastrous carrot muffins once. I also made some Thanksgiving dinners and woke up to Christmas morning. I spent a lot of hours burning my crotch with a laptop, making internet friends. I made a lot of syllabi. I made travel plans. I made decisions. I made some bad decisions, but I made everything I recognize as my adult life right here.

I made, I made, I made.

But not 'I am.' If, Universe, you have some free energy, help me remember over the next few weeks that it's not that I am this space. I just made it something. And I can make the next one something. And I can let the next one make us into something a little older, maybe a little fatter, but still recognizable.

Now: do I dare to take a nap? Or do I have to start braving boxes again?

Is there no room for voluntary action?

Deborah Hellman
University of Maryland

Today, the Supreme Court decided Ricci v. DeStefano, a case in which firefighters in New Haven challenge the city’s decision to ignore the results of a test it had designed and offered as a basis for promotion. If promotions had been based on the test results, no African-Americans would have been eligible for the 15 available positions. Looking at these results, the city civil service board deadlocked over whether to certify the test results, effectively halting the promotions. Today the Court held that the city’s failure to certify the results was a race-based decision in violation of Title VII of the Civil Rights Act.

Justice Kennedy, writing for the Court sees the city as caught between a rock and a hard place. The rock is the disparate treatment prong of Title VII which, as Kennedy interprets it, forbids employers from basing hiring or promotion decisions on race. So, thinking about the racial make-up of the work force is verboten. The hard place is the disparate impact prong of Title VII which requires employers to make sure that racially neutral methods, like written tests or height requirements, which have a disparate impact on minorities or women actually test for knowledge and abilities important for the job. This part of the law requires an employer to be conscious of the racial make-up of its workforce in order to root out unnecessary practices that block women and minorities. What’s an employer to do?

Justice Kennedy resolves the problem by finding that an employer may consider race only when there is a “strong basis in evidence” that the hiring procedure would violate the disparate impact prong of the law. As Justice Ginsburg, dissenting in the case, points out, this approach will leave employers with very little leeway to voluntarily work to root out hiring policies that inadvertently leave out minorities or women. Imagine the following case: an employer adopts a hiring method that produces a disparate impact. However, the method also identifies qualified candidates. A different and more expensive test would do as well without producing as strong a statistical disparity. A court might well rule that because the second test also produces some disparate impact, albeit less, and is significantly more costly, an employer is not legally required to use it. That seems fine. But if Justice Kennedy is right that there really is very little light between what the disparate impact prong requires and what the disparate treatment prong forbids, then this employer would be forbidden from voluntarily incurring this cost in order to do its best to have fairer hiring policies. This is a mistake.

The Court’s approach leaves too little room for employers to do this because of the way it interprets the disparate treatment prong of Title VII. In fact, Kennedy’s opinion expressly begins with the following premise: “The City’s actions would violate the disparate treatment prohibition of Title VII absent some valid defense.” But does it? After all, the action at issue here is scrapping the test. This is not a race-based action. Unless, that is, you look inside the minds of the city officials and hypothesize that the reason they scrapped the test was to achieve racial balancing. Then it looks like the action is indeed based on race. But one can, as easily, describe their intention as trying to comply with Title VII. Which is it? The several opinions in the case spend considerable time debating this point. Not only is this a difficult empirical question to resolve, but both the majority and dissent err in making the city’s intent the touchstone of whether there is a violation of Title VII here.

Rather than delving into the internal recesses of the minds of government officials, the relevant issue should be the objective aspects of the action itself. Here are the facts. The city declines to base promotions on an exam that produces a statistically disparity in test passage. Is this action permissible? We don’t need to know why the Board scraps the test. All we need to know is that the test does produce a disparate impact. May a city abandon a test it designed and offered when this will be the result? The disparate impact prong of Title VII encourages this conduct and the disparate treatment prong of the same law should not be interpreted to forbid it.

the #1 question your resume should answer

The vast majority of resumes I see read like a series of job descriptions, listing duties and responsibilities at each position the job applicant has held.

But resumes that stand out do something very different. Rather than just providing the job description, for each position they instead answer the question: What did you accomplish in this job that someone else wouldn't have?

Over at U.S. News & World Report today, I explain how to do it. Please check it out!