Thursday, March 31, 2005

Drive now, give birth later!

Odd story about a woman (Debbie Coleman) who gave birth at the wheel of a van while stopped at a gas station (with two kids asleep in the back) and was subsequently pulled over and ordered out of the vehicle at gunpoint by cops while rushing to the hospital. Unbelievably, after she explained the situation, they "sent Coleman on and let the hospital know she was coming."

Unbelievable; they put a woman who had only just given birth back into her van, naked from the waist down with a baby still attached to her, to drive to the hospital. They didn't check her insurance or anything.

Hit mics like Ted Koppel

Leaving Nightline for an unknown future, Koppel's departure marks the end of the old school national anchorman from what I can see (Peter Jennings? Please...)

I'm going to miss Koppel, not because I always agreed with the way he approached the news, but because he spoke as if words had power. That's something a lot of people on TV now don't seem to appreciate, or want to deny. Perhaps, without the belief that words can be powerful, they aren't. I liked Brinkley more, but Koppel aspired to be real and I appreciate that.

Wednesday, March 30, 2005

Call Him Mr. Shatner

Somebody gets it. Fametracker finally perform an audit on William Shatner, recognizing the genius I only hinted at in my review of Bill's new album. Here's a taste of Fametracker's amazingly on-target audit:
Shatner is so damned awesome, so abundantly unexpected, so fucking necessary, he's practically Biblical. It would be an insult to Shatner to compare him to some other celebrity and suggest they are equivalents. There's only one other celebrity who comes to mind as being even one iota as cool as Shatner, in the way that Shatner is cool, and that's Leslie Nielsen. And the only way that Leslie Nielsen could ever be even remotely as cool as Shatner is if he'd spent the first half of his career flying around the cosmos banging space broads on Styrofoam rocks.

In defense of Nielsen, there is Forbidden Planet.

The power of the blog, continued

Not one week after I note the mysterious lack of Steve Coogan on BBC America, they add a couple of Alan Partridge shows to their schedule.

Now, I'd like to point out that I'm not a millionaire aristocrat with the sexual capacity of a rutting rhino.

Tuesday, March 29, 2005

Hey, something happened...

After much laziness-induced delay, I've added a blogroll. At present it includes a really random collection of blogs I read, some personal from people I know or am acquainted with and several professional blogs devoted to legal subjects. I'm sure I've forgotten a bunch. Additions will probably appear incrementally.

Do yourself a favor

Fascinating coincidence: yesterday ALDaily posted a link to an article about Robert Trivers and today link to an essay about B.F. Skinner. I can't easily think of a more unsettling experience than reading Natural Selection and Social Theory and Beyond Freedom and Dignity back to back.

OK, I'm hard pressed at this moment to explain how this suggestion constitutes doing yourself a favor, but if you ever find yourself thinking "I could really go for an unsettling experience this weekend" then look no further.

New Music

I haven't bought much so far this year. Stereogum has posted a link (thanks to bump for the link) to a single from the "new" Gorillaz, which is OK. Frankly, I prefer Dan and Del's track from the Handsome Boy album last year, but I thought the first Gorillaz CD was overrated as well.

Lots of other stuff on the Stereogum April Jukebox as well, with promising-sounding stuff, including new Ben Folds (bit of a Brian Wilson vibe in there), The Books, a new Verve Remix album, Solomon Burke, and others. Some of these have been out for awhile, but I'm still high on MIA's "Sunshowers" (any cover of Dr. Buzzard's Original Savannah Band is mod, even though Ghostface did it first). At first I thought Keane were just a poppier Coldplay clone, but I realized that couldn't be right, because I like Keane.

Still haven't picked up the new Aesop Rock or Prefuse 73, MF Doom has another new album (although it's a live one) and there's new Fantomas on the horizon. I'm sure I'm forgetting something.

Sunday, March 27, 2005

David Brooks on Morality and Reality

I read Brooks' Bobos in Paradise shortly after it came out, intrigued at the reviews from a variety of sources and by the status Brooks quickly acquired as "liberals' favorite conservative," a position confirmed not too long ago when he gained a spot as a New York Times columnist. While I enjoyed reading the book, I didn't think much of Brooks' taste for superficial cataloging and sketchy inference. His ascent to the NYT editorial page was paved, it seems to me, by his focus on lighter subject matters and his persistent niceness, in contrast to the fire-breathing angry conservatives the Clinton administration overproduced. These things have allowed many people to overlook his tendency to provide overly simple and often unsupportable assessments because they are framed so reasonably. His tenure at the Times has, however, demonstrated that his sloppy treatment of facts and cavalier generalizations shouldn't be indulged nearly as much as they are when he addresses serious topics.

His weekend column devoted to the Terri Schiavo controversy demonstrates this. Entitled Morality and Reality, Brooks doesn't have a grasp on either of these subjects. He argues that the only morally grounded position in cases like this is in favor of the intrinsic value of every human life, justifying implicitly whatever means are necessary to sustain physical persistence. This fallaciously assumes that only bright lines, only one bright line in fact, can be defended on moral grounds. Certainly, even Brooks recognizes that individuals can make morally informed choices without conforming universally to a simple absolute. He also ignores other, perhaps equally bright lines, like the positions of Christian Scientists and Jehovah's Witnesses, among others, who severely restrict permissible medical interventions to preserve life on moral and religious grounds. One can dispute these positions, but it's preposterous to claim that they abandon moral argument.

Brooks also mischaracterizes the debate in the Schiavo matter between "social conservatives" and "social liberals," categories that come with convenient exclusions. Interventions into the Schiavo case made on behalf of social conservatives in the legislative and executive branches have been procedural, not substantive. When the Schindlers acted on their congressionally-created procedural intervention in federal court, however, their claims revolved primarily on their daughter's asserted Catholicism. Arguing that Catholic doctrine should control the disposition of contested legal claims explains why social liberals raised the specter of theocracy in a broader argument that Brooks derides through insinuation.

Of course, to the "social liberals" as Brooks describes them, the larger controversy is secondary to the individual dispute, where institutional competence and jurisdictional propriety should be powerful arguments. Not that the Schindlers and their supporters have ignored process concerns, arguing throughout that the state courts have mishandled the case. They've done everything possible to cast into doubt the procedures used to recover Terri Schiavo's wishes. These arguments, not based on morality, apparently don't qualify as "socially conservative" under Brooks' limited rubric, so they can be ignored while counterarguments are taken to be the center of the "social liberal" position.

He also overstates social conservatives' commitment to principle even as he underestimates the principles at issue in process concerns. I haven't seen social conservatives pressing for state and federal laws invalidating living wills, which should follow from a dedication to legalize a moral commitment toward sustaining life. At the same time, conservatives tend not to see arguments about the level at which decisions should be made as so thin and free of a moral dimension when it comes to property rights and consumer choices. See Eduardo Porter's article in the Sunday Week in Review section for quotes to this effect from Newt Gingrich and Richard Posner.

For me, this was a typical David Brooks performance. It might be satisfying to someone willing to accept Brooks' blinkered, stylized account of the issues and the facts, but these are often based on flimsy and convenient simplifications. Perhaps Brooks should actually sample the substance of the controversies he writes about, rather than relying on impressions and ill-fitting generalities.

Friday, March 25, 2005

The [American] Office and the Britcom

Having already pledged allegiance to the British series The Office, I watched the Americanized version last night on NBC with trepidation. I'd already made predictions about the show and about the ability of Steve Carell to create a character as compelling as David Brent, but I hope that I'm always able to reconsider my rash prejudgments. The short of it is, I watched the new show prepared to dislike it, but hoping that I wouldn't be constrained by foolish principle from liking it.

Although I think comedy can be a very important and serious enterprise (a characteristic I share uncomfortably with David Brent), the first thing it must do is be funny. On that front, The [American] Office did not begin promisingly. It was a bit amusing at times, especially when the material departed in a meaningful way to accommodate the American setting, but I didn't really laugh. Now, one episode is not nearly enough exposure to be able to evaluate the new series, especially since the pilot was so dependent on the material from the British pilot. As an experiment, I watched the first (and the second) episode of the British series right after the American version ended, just to see if the same jokes were still funny or if I was just too familiar with them. By and large, I still think the British version is funny. The American performers suffer in the shadow of their predecessors, especially Carell. This won't be as much of a problem, I hope, once Michael Scott (Carell's Brentish character) is doing things Brent never did, although I think Scott is already a bit more baffoonish than Brent and not to his favor.

All that aside, I think The [American] Office deserves a chance to win my affection. I was appreciative of the effort, even if not the results, of the first episode. I found myself thinking several times as I saw certain jokes approaching "Are they going to leave that in? Are they going to do that? Yeah, they did..." even with certain bits I thought an American version would discard as inappropriate. This isn't the same as laughing at them, but with hope the American series will stretch out into material both unexpected and unfamiliar before too long.

As fate would have it, BBC America showed an episode of Blackadder the Third last night as well. Not surprisingly, that was never turned into an American series. I can't imagine what it would look or sound like. Before I come off as a complete Britcom snob, however, I think it's worth saying that the last NBC pillaging expedition abroad, for the Steven Moffat show Coupling, didn't work partly because the original show wasn't that great to begin with. The British series was often derided as a Friends ripoff, and I think NBC went for it because it was familiar. There are plenty of comedies on BBCA that I can't get into: Are You Being Served?, Keeping Up Appearances, Manchild, Father Ted, Trailer Park Boys, even The Thin Blue Line, which reunites Rowan Atkinson with Ben Elton doesn't have the same zing. Other shows, like Yes Minister and Spaced (from the creative team behind Shaun of the Dead) are OK, but nothing special. All these series have their fans, though, and I understand Father Ted has a quasi-religious devotion in some circles.

To get into fundamental Britcom territory, I've always thought Fawlty Towers was somewhat overrated. Not that it isn't funny, but it does get a bit tiresome after awhile. The same can be said for Absolutely Fabulous, which Comedy Central did its best to drive into the ground in the mid-90s. The Young Ones is quite funny, but I appreciate that show in part, I think, because I was the right age when I first saw it (mid teens) and haven't watched it too much since. I recently watched the first season of Ade Edmondson and Rik Mayall's Bottom for the first time and didn't care for it much. Why the full series is now on DVD when I can't find anything from the fantastic series The Comic Strip Presents even on tape is beyond me.

There are still a few comedy shows on BBCA I've been meaning to try out (Black Books, Worst Week of My Life, Catherine Tate, My Family) and I can think of several British comedy series I'd like to see but haven't been able to. I've never seen The League of Gentlemen and seen little from Steve Coogan, but what I have seen I've liked and I'm desperate to see Dr. Terrible's House of Horrible. The appearance of Only Fools and Horses at the top of the BBC Britain's Best Sitcom poll makes me curious, but with The Vicar of Dibley at #3 I can't be too excited. I've always wanted to see The Good Life (#9), but mostly due to Vyvyan's violent outburst about how much he hates it in the Young Ones episode "Sick".

Tuesday, March 22, 2005

I'm Too Sexy for this Job?

A librarian at Harvard University is suing the school for failing to promote her, claiming that she has been a victim of bias due to her race and appearance. Specifically, she claims that she was told her attire was "too sexy."

Since the court has already ruled that Lawrence Summers won't have to testify in the trial, my only question remaining is how long will it be before this is plot on Boston Legal.

Friday, March 18, 2005

Mental driftwood

I just noticed that I've been posting a lot more lately about entertainment and other trivialities at the expense of judicial politics and such. It's not due to an absence of interesting events to comment upon, certainly.

Like Jack Balkin, I've been following the Terry Schiavo case with some interest. As Balkin notes, efforts by state and federal actors to prevent the removal of life support interventions from Schiavo today raise separation of powers, federalism and substantive rights issues that are not as easy to resolve as it might seem at first. Although I may comment at more length later, right now I'll say that I see another issue brought into focus by this case, as well as several others in the news recently. Perhaps it's only my perception, but it seems that people seem increasingly confident to express their dissent with judicial dispositions. Maybe it's because of the popularity of courts on TV, or the illusion of being fully informed that 24 hour news channels create, or something else, but I'm repeatedly struck with how freely people criticize court dispositions based on cursory, even impressionistic, accounts of the cases.

Anyway, as I said earlier, I know I've been writing a lot more recently about pop culture and such and less about law and courts. That may continue for a bit, since I've got a couple more unfinished posts of that ilk in the hopper, but I can't promise an occasional law-related post won't drop in between.

Twist of the knife

Last week, David Edelstein of Slate solicited reader nominations for the worst twists in movie history and posts edited results here. I'm not a big fan of Edelstein's tastes, but he's got some good picks among the films on this list I've seen. Here's Edelstein's list with brief personal notations:

1. The Life of David Gale - haven't seen
2. The Game - agree strongly
3. Planet of the Apes (Tim Burton version) - agree
4. Basic - haven't seen
5. The Woman in the Window (Fritz Lang) - haven't seen
6. Suspicion (Hitchcock) - agree mildly
7. No Way Out - seen, but don't remember
8. The Village - disagree mildly
9. Fight Club - agree mildly
10. The Forgotten - haven't seen
11. Secret Window - haven't seen
12. The Usual Suspects - agree
13. Reindeer Games - haven't seen
14. Never Talk to Strangers - haven't seen
15. Man on Fire - haven't seen
16. I Bury the Living - disagree mildly
17. The Contender - agree strongly
18. Swimming Pool - haven't seen
19. The Stepford Wives (remake) - haven't seen
20. The Upside of Anger - haven't seen

Opinionated comments and spoilers after the jump.

The Game is a ridiculous movie, at least as much as Fight Club, but what distinguishes them in present terms is that the twist in The Game makes the whole movie nonsensical, while Fight Club is ridiculous even without its twist. I'm not fond of the ending to Suspicion (who is?) but I can't blame Hitchcock, since the book ends differently and I've heard that the studio imposed the change on him because Cary Grant was playing the lead.

I didn't much like The Village, but don't feel it belongs here. Sure, the ending is very predictable, but it doesn't make the rest of the movie meaningless. In fact, the only grounds I have to criticize the ending to The Village is that delaying revelation of the twist only leaves Shyamalan less time to deal honestly with the issues raised by his scenario.

I'm sure fanboys everywhere (as the reader citing this movie below Edelstein's comments suggests) will spill their Mountain Dew all over themselves at the sight of The Usual Suspects on this list, but it belongs. Oddly enough, I figured out the twist (that Kint was "Soze" and his story is self-serving) only fifteen minutes or so before it is revealed and at the time I thought it was pretty clever. Afterward, I realized I should have figured it out much earlier, as the "barbershop quartet in Skokie, IL" line had stood out in my mind when Kevin Spacey's character said it near the beginning of the film. I had one of those boards in my office at the time.

I've heard several different opinions on what "actually happened" in The Usual Suspects even though the twist ensures that it doesn't actually matter what happened. A lot of people, so it seems, appear to think that none of Kint's story is true, but there's no way to know that for sure. Certainly something happened before the dockside conflagration, and if the initial sequence (Keaton's death) is accurate, whatever events preceded Kint's interrogation could easily be similar to his story. Another thing that appears widely accepted is that the flashback sequences are from Agent Kujan's perspective as he visualizes the events Kint describes to him. This can't be the case, though, because as we see in the very last scene, the man Kint calls "Kobayashi" really exists and looks exactly like he does in the flashback. Only Kint would picture him like that; Kujan wouldn't imagine a man named Kobayashi looking like Pete Postlethwaite. So, the flashbacks are Kint's visualization of his own story. This might bother some people, since it means that director Singer is complicit with Kint in tricking the audience as Kint is tricking Kujan, but I'm not sure that matters to most people. As for me, if the filmmakers don't care what happens in their movie, I have a hard time caring.

On the way home from watching it I realized that the twist drained any repeat viewing value out of The Usual Suspects. I'll go on record that the same thing is also true of Psycho for different reasons. Once you know initial lead Janet Leigh dies early and that Norman "is" his mother, the movie loses almost all interest. Why Gus Van Sant didn't realize that is beyond me.

Since no comment on The Contender appears in the column, I'll offer my own. This movie, a transparent apology for Bill Clinton's Monica Lewinsky scandal, offers a female candidate (Laine Hanson) to replace the recently deceased Vice President (via the 25th Amendment) whose nomination is imperiled by photos that allegedly depict her in a college gangbang. The contender, played by Joan Allen as sort-of a combination of Elizabeth Procter and Pat Nixon with a bit of Richard thrown in, refuses to respond to questions about it, even to deny that the photos (blurry and inconclusive) are of her. She deems such questions irrelevant, insulting and biased. Several twists surface, not the least of which is the fatal ploy of the leading alternative for the vice presidency, but the twist that puts The Contender onto this list is the last minute revelation made by Hanson to the President (and the audience), after she has spent most of the movie refusing on principle to answer questions about her private conduct, that the pictures aren't of her at all. Apparently, writer/director Rod Lurie wants to make a movie defending the dignity of public officials, to assert a distinction between public and private responsibility for political leaders, but realizes that movie characters must reveal all or risk being unlikable.

I'd like to add another one, although this has better claim to being one of the cheapest twists of all time, rather than worst. In the appalling Bruce Willis thriller The Jackal, the eponymous assassin is hired by some mobster to kill "this person" as a photograph (unseen by the audience) is handed to him. American authorities catch wind of the Jackal's engagement and conclude that the likely target is the (male) Director of the FBI for some seemingly plausible reason. As an audience member, I'm inclined to take that with a grain of salt, since pains were taken earlier to conceal the identity (and gender) of the intended victim. So throughout the movie I'm thinking "who's the real target?"

At one point, however, Willis' assassin walks around the downtown site of an impending public appearance of the FBI Director (and the Real Target, as it turns out) with a camera, essentially casing the place. To close the scene, the audience is given a perspective shot through the Jackal's camera lens at a billboard with pictures of the speakers as he focuses in on the FBI Director and issues a bunch of menacing clicks. While watching the movie, I started doubting at this point whether there would be a twist, since the Jackal knows who the intended victim is and has no reason to do something that will only mislead the audience.

Nope, the First Lady is the target. What a twist... not only was "this person" not the man the good guys thought it was, it wasn't even a man! How thoughtful, in retrospect, of the Russian mobster to avoid spoiling the end of the movie by using a gendered pronoun in that early scene. I'm sure a radical revision of the film could be proposed that the villains know that the audience is watching (and what perspective they have at any given moment) and have been hiding the fact that the Jackal was really hired to kill screenwriter Chuck Pfarrer. Not only does this explain the villains' otherwise unusual behavior, it makes them into heroes.

Like I said before, this twist doesn't ruin the rest of the movie (that end is accomplished by Bruce Willis' absurd costumes and haircuts and the choice to hire the Lucky Charms leprechaun to coach Richard Gere's Irish accent) but it does represent an especial depth to which screenwriters and directors will sink to maintain a cheap ambiguity.

Obits

George F. Kennan, a chief architect of containment, died last night. I'm not a student of foreign policy, but have to admit that reading Kennan's "X" article, The Sources of Soviet Conflict, was a very important initial influence on my eventual development into a political scientist. I read it my senior year of high school primarily to try and understand the development of American foreign policy toward the Soviets, which was in dramatic transition at that time (it was the late 80s), but it led me to read much more widely in political philosophy, captivated by the notion that ideas can have such influence on the development of the world. In that regard, it was Parts I and II that seemed most interesting to me, rather than the more prescriptive Part III. Odd as it seems to me now, my first subscription to anything that might be called a journal of political science was Foreign Affairs.

Studying judicial institutions and actors also aptly demonstrates the influence of ideas on actions and outcomes and, not surprisingly, that's the approach I take in much of my work. But my initial interest in such subjects was in foreign affairs and I still maintain an interest in that area.

Neglected earlier in the week, I'd also like to take a moment to note the passing of Lyn Collins, whose stint as a singer with the James Brown Revue (following Vicki Anderson) and a solo act led eventually to widespread renown in hip-hop as the vocal sample providing the title to It Takes Two from Rob Base and DJ E-Z Rock. Although her current fame can be traced in large part to that song, it's well worth checking out Collins' (who is, in fact, from the same family as Bootsy and Catfish) other work, if you don't know her by now.

Thursday, March 17, 2005

Happy St. Lep's Day, ha ha ha ha HA!

In honor of St. Patrick's Day, a holiday with which I have no useful association (other than having once been arrested on March 17th) I offer a message from the Leprechaun, aka Warwick Davis (see the link above). I got Davis' autograph on a picture of the Lep some years ago, passing up all those pictures of Wicket and Willow for the good stuff.

Davis has a busy release schedule right now. In addition to playing several characters (so it seems) in the Harry Potter series, he's Marvin the Paranoid Android in the upcoming Hitchhiker's movie and has a project in preproduction (according to the IMDb) called Agent One-Half. Sounds like it might be fun.

Of course, I'm anxious for the next Leprechaun movie and would love to see Lep take on another horror villain, a la Freddy v Jason. In fact, Davis posts a rumor about such a matchup on his FAQ page. Since these things tend to be driven by ownership of the necessary properties, it seems more likely that Lep would be matched against some other horror villain Lions Gate (who produced the last Leprechaun movie) has some relationship with, like the guy from Saw or that clown from House of 1000 Corpses.

Friday, March 11, 2005

Who the %#@^* is Vols?

Looking in Google news for updates on the courthouse shooting this morning near my office, I spotted this story from a Knoxville TV station website. The headline: "Courtroom Shooting in Atlanta, Vols Asleep Nearby"

Of course, I'm thinking who the fuck is this "Vols" character and what was s/he doing sleeping in the courtroom? I glance around the page (spotting the headline link, "Child Preditors (sic) Turn to Cell Phones") before noticing that the website is for "Voluneer TV" and the "Vols" along with their fans are in town for the SEC tournament. Apparently, they are staying in the Marriott Marquis, which is not really that close to the courthouse, as the article makes clear. At least, it's not as close as I am, but I don't see any newspaper articles titled "Courtroom Shooting in Atlanta, Political Scientists Working Nearby" concerned with my safety.

Wednesday, March 09, 2005

Tony Starks underground

The El-P/Ghostface collaboration can now be heard on the Def-Jux website as played on the Hot 97 DJ Green Lantern show, appropriate for the latest from the Ironman. The song, Hideyaface, is the first single from the forthcoming Prefuse 73 album and the A-side has his mix, which you can listen to a sample of here. The Def-Jux version is El-Producto's B-side beat.

Rumor has it Herren (Prefuse 73) supplied his beat without the benefit of hearing either Ghostface or El-P's rhymes, which might explain why it sounds so ill-fitting. Both beats are typical of their authors, and El-P's is characteristically chunky with lots of ambient noise, but the harder hitting rock-funk bed sounds better on these vocals at first listen. The album itself comes out later this month, so I guess I'll see then. It's also got appearances from GZA, Aesop Rock, Beans, Camu, and The Books, which makes sense in an odd way at least on paper.

I'm actually more hyped about persistent rumors of a collaboration between Starks and the armor-clad supervillain, MF Doom. Added to that are stories that Doom will appear on the new Gorillaz album, with Dangermouse replacing Automator in the booth. I can't figure out if this means Del is going to return or not.

Tuesday, March 08, 2005

Endlessly fascinating casting decisions, part one

Jessica Winter's review of The Upside of Anger, a new movie directed and written by Mike Binder, reveals that Binder cast himself as the guy who has lots of sex with Erika Christensen. I wonder if, on the opening pages of the script, the character Binder portrays weren't actually described as "Guy who has lots of sex with [Character X]" while Character X is described as "hot twenty-ish girl I want to grope and dampen with my saliva." I imagine the search for an actor to fill the part Binder took was probably the most ardent quest the world has seen since W asked Dick Cheney to find him a VP.

Saturday, March 05, 2005

Y'all ain't got no love for Miramax?

The NY Observer has a pre-&-post-mortem on the Oscars from Bruce Feirstein, who concludes that Chris Rock successfully brought in and held onto the vital 18 to 34 year old viewers, vindicating his Oscar performance regardless of what stuffed shirt Academy governors and Sean Penn think. I'm pleased to hear it, even if I didn't think Chris did as good a job as he could have.

There's a bunch in Feirstein's piece about the conflict between nostalgia for old Hollywood glamour and the need to interest a younger audience, but the most promising observation made by this piece was the hint of a conflict between Los Angeles and New York, symbolized by the win for Clint Eastwood and Million Dollar Baby over Marty Scorsese and The Aviator. Putting aside the fact that Scorsese's movie is steeped in Hollywood aura and myth, and that both filmmakers have long careers in the movie industry, this is potent stuff.

To take an apparent tangent, P. Diddy's ("So dis is da Oscars..") presentation did give me giggles, partly from thinking how much better Dave Chappelle would have been playing him than he was. I also couldn't help noticing the opportunity missed: since he was presenting the song from Polar Express, he should have dropped a few classic Puff Daddy lines: "Polar Express, playboy... can't stop, won't stop.. see, it's an express, playa..."

That wasn't the only opportunity missed, however. Diddy's appearance got me thinking (as did Prince's; why did he and Johnny Depp switch outfits?) that the Oscars don't need to be like the MTV or People's Choice Awards. They should try to be more like The Source awards.

Really, I mean The Source awards did it right. In what I believe was their first televised ceremony the East Coast-West Coast rivalry represented by Bad Boy and Death Row records was really kicked off by loud booing from the NY audience and a fantastic response from then King of the World Snoop Doggy Dogg: "Y'all ain't got no love for Death Row? Y'all ain't got no love for Snoop and Dre?" Of course, the highlight was Suge Knight of Death Row ridiculing Puffy as the executive producer always "all up in the videos... dancin'." Even after the murders of Tupac and Biggie Smalls (which contributed to suspending the awards for a few years) things were back to a boil in 2000 when a brawl broke out after only a few awards had been bestowed, forcing them to cancel the rest of the event. 2001 went off without a hitch, but some guys got stabbed at an after party and I think the 2002 awards were cancelled as well.

I think The Source awards have taken things a bit too far, as last year's awards were taped and shown well after everybody knew what had happened. Still, I imagine the Oscars would benefit if people tuned in just to see if Steven Spielberg is gonna tell Terrence Malick to suck his stiff gold manhood. How cool would the Academy Awards be if they were afraid to have them every once in awhile because something might happen? Nowadays, the Oscars are in greater danger of being cancelled out of fear that absolutely nothing will happen.

On another note, Feirstein mentions the Estrich/Kinsley beef (their exchange can be sampled from the Washington Examiner, Parts 1 & 2) which has recently swirled out of its previous confines to become the talk of conservative columnists, although I guess that was where it was going eventually after Estrich made Kinsley's Parkinson's disease an issue.

I'm more amused than shocked by all of this. There's almost nothing more entertaining than academic or pundit brawls that come so quickly to resemble rap beefs. Estrich is distinguishing herself as the Leftist academic equivalent of Eminem, who famously dissed fellow white rapper Everlast by making references to his heart condition (twice!) Beyond that, Eminem is best known for having beefs with practically everybody who isn't on his label (and maybe some who are, I'm keeping an eye on the growing beef between labelmates 50 Cent and The Game, along with whoever else jumps in.) Still, his best-known battles are against people who can't even really defend themselves: pop acts like Limp Bizkit and Christina Aguilera or the feebleminded like Insane Clown Posse. I remember Michael Kinsley as frequent moderator for William F. Buckley's Firing Line debates in the 80s, and he strikes me as the kind of guy who really can't defend himself.

Still, there aren't nearly enough rap-style beefs in the punditocracy, so I'll have to take what I can get. Ironically, even though everybody in the rap game talks about beefs being about "respect" and keeping hip hop "pure" or whatnot, it seems most of the time to be more about ego and promotion. I think the Estrich/Kinsley fracas is more of the same, although I don't know if any of Estrich's crew are as liable to ride up on Kinsley.

Thursday, March 03, 2005

Ah, to be a student again...

Just a couple of weeks ago, I heard about the punk class being offered at NYU, now I stumble across a course at the University of Chicago called "The Concept Album" (for a downloadable pdf of the syllabus, here.) Interesting selection of "texts" for the course:

John Coltrane. 1964. A Love Supreme. Compact Disc. Impulse GRD-155.
Marvin Gaye. 1971. What’s Going On. Compact Disc. Motown 530883. (The Deluxe Edition is highly recommended).
Pink Floyd. 1973. Dark Side of the Moon. Compact Disc. Capitol 46001.
Stevie Wonder. 1973. Innervisions. Compact Disc. Motown 157355.
Parliament. 1975. Mothership Connection. Compact Disc. Casablanca/PolyGram 24502.
Kraftwerk. 1981 Computer World. Compact Disc. Capitol 3549.
Kate Bush. 1985. Hounds of Love. Compact Disc. EMI 25239. (This reissue has four bonus tracks)
Liz Phair. 1993. Exile in Guyville. Compact Disc. Matador 51.
Radiohead. 1997. OK Computer. Compact Disc. Capitol 55229.
The Flaming Lips. 2002. Yoshimi Battles the Pink Robots. Compact Disc. Warner Brothers 48489.

This appeals to the music nerd in me that I'm usually reluctant to remember who used to sit with the lyrics sheet and listen closely to Patrick Moraz's The Story of i in high school.

A brief search to satisfy my curiosity turned up this list of concept albums organized by decade. I'm not convinced all of these are concept albums and it seems like some are missing. I guess it depends on how you define it.

The concept album seems to be coming back, for good (Greendale, Delirium Cordia, Vaudeville Villain, I Phantom) and ill (American Idiot, How to Dismantle an Atomic Bomb). I haven't checked out the new album from The Mars Volta yet and can't actually call The Street's A Grand Don't Come for Free great or terrible. Maybe I'll do a list of favorite and/or least favorite concept albums later.

Can lawyers be brief?

I suppose I should have expected after my off-handed critique of law reviews last week that reform would be forthcoming, but I didn't expect it quite this soon. I suppose it may have had something to do with Judge Richard Posner's comments last year, but since I seconded his comments to some extent, I still had something to do with it. Ah, the humbling power of blogging.

Seriously, Michael Dorf's article describing the intent of eleven prominent law reviews to shorten article length points out that this statement of intent, even if it does have the effect of providing legal scholars with an incentive to write shorter (if not short) articles, doesn't address the issues that have caused problems with law reviews to begin with. Dorf seems to agree with Posner that student editing is a major contributing factor to the poor quality of law review articles, but goes further by calling into question the role that law reviews pursue. In truth, Posner hints at this by suggesting the types of articles student editors could handle well and the greater need for these.

At the risk of being trendy, I would characterize Dorf's description of the direction that law reviews have taken away from the concerns of lawyers and judges as a move toward theory (I'm not sure if it's still fashionable to be "against theory.") Since I enjoy reading political and legal theory, I can't really say I'm against it, but as an academic who studies legal institutions, I consistently get the feeling while I'm reading legal theory that its real goal is self-amusement. As I try to publish articles that provide a meaningful analysis of legal doctrines or institutions accessible to generalists in my discipline supplemented with theoretical models of relevant behavior, efforts to operationalize and empirically test those models and discussion of the results and whatever inferences that can be made from them--all in about 25 pages--I wonder repeatedly why I didn't go to law school so I could be a professor whose idea of a longitudinal study is to ask himself the same question several days in a row.

Will the legal professoriate heal themselves? Can the law reviews improve the quality of their scholarship? I guess we'll see.

Tuesday, March 01, 2005

Politics and the Oscars

I've watched the Oscars almost every year for a long time, but I can't remember the last time I cared who won. In the past, I got some enjoyment out of trying to accurately predict the winners, but stopped caring about that a few years ago and tuned in this year primarily to see what host Chris Rock would say. I imagine that was what they were hoping when they hired him (not about me in particular, of course.) Rock is an entertainer I've enjoyed often, admired at times and been disappointed in a lot. I had all three experiences this time. During the opening monologue, I was already predicting this would be his last appearance as host of the Academy Awards and that impression was only clinched by the too-brief collection of bits from Johnny Carson's hosting. To be fair to Rock, he's got two masters in this job: the Academy who hires him and the audience who are not tuning in to awards shows as they used to. By turning to Rock, the Academy mandarins sought to put an "outside" face on the awards for the sake of viewers, even though they don't really like what outsiders have to say about them. Carson, although capable of jibing the entertainment industry, was a consummate insider who never conspicuously called into question the relevance of Hollywood values as Rock did. The ratings news on the awards this year is complicated, so who knows whether Chris will be invited back. If so, I think he should do the entire show as his character from "The Dark Side with Nat X" on SNL.

Caryn James in the NYT faults the stodginess of the movie establishment for the boredom of the awards this year, and while that's an easy (and broadly accurate) point to make, I don't really buy her elaboration of the observation. Rock's poorly-received poke at Jude Law and his visit to a Magic Theater for some moviegoer responses made essentially the same point, and while they may have fallen flat with the audience at the Kodak Theater, I thought they were hilarious. Sean Penn may think highly of Jude Law, as do all the casting directors and producers who keep hiring him, but he's not made any hit movies. Yeah, Million Dollar Baby has done pretty well financially given its budget, but its box office is still in the $60 million range. Hardly a blockbuster. The Rock-Penn exchange says nothing about the forward-versus-backward looking orientation of the Academy; it says everything about the point James trips over later, that the Academy is out of touch with moviegoers. "Artists" like Penn need the Oscars and award shows like it for validation that they are important despite not being able to sell movie tickets.

Warning: Spoiler about Million Dollar Baby after the jump.

James characterizes the choice of MDB for best picture as a safe, comfortable one reflecting a preference for Hollywood's past, but if retreating to the past was what they wanted, there were better choices. They could have chosen The Aviator, in order to finally reward perennial nominee Martin Scorsese for making a classic epic with classic moviemakers, or picked Ray, following the Grammy awards' posthumous recognition of a legendary entertainer. To me, the best thing that happened to Eastwood and Million Dollar Baby was the reaction of conservative critics to the euthanasia "message" they imagine in the movie (which I have not seen; blame Michael Medved.) I'll have to see the film to be sure, but I'm skeptical of James' claim that MDB is just a distaff Rocky with a tragic ending, and her comment about "grumbling from some advocacy groups" (by which I assume she means complaints from the disabled) is ridiculously blind to the more highly publicized and, to the entertainment industry, important responses of Rush, Medved and the like. Eastwood, long identified with conservative politics, found himself distanced from the Right again and got an award for it. His last Oscar winner, Unforgiven, was widely seen as an apology for the enthusiastic gunslinging of his previous screen characters.

Some might complain that looking for the "real reason" behind an Oscar award is unnecessary. The Academy members vote for what they think is the best performance or film of the year. Even the inverse relationship between the quality and Oscar success of movies can't completely discount this possibility. I'm sure that a lot of Academy members do vote for what they think are the best of the nominees, but I argue that what qualifies as "best" for movies is, in practice, some combination of certain technical qualities, some general sense of how a film is received by various audiences, personal affections ("You like me! You really like me!") and a substantial dose of response to what a movie "represents" or "means." This isn't different from how other people evaluate movies or whatever. Like everybody, people in Hollywood think about what it will say about themselves before they reveal a preference for something, and award selections are widely interpreted as broader statements about what Hollywood values. The popular acceptance speeches highlighted during the awards broadcast this year (from Tom Hanks for Philadelphia and Halle Berry for Catwoman, er... Monster's Ball) demonstrate this.

James' contrast of "past glory" and "the whiff of the future" doesn't ring entirely true either. I find it impossible to take James' characterization of Sideways as "original" seriously, let alone the description of Lost in Translation as "fine" and "innovative." The appearance of both films (which swept the Independent Spirit Awards in place of far better, more innovative and more independent choices) among the nominations resulted from the consistent tendency of the Academy to throw crumbs to critical opinion, which embraced both of those dubious champions. The fact that neither won doesn't mean the Academy is shying away from the future any more than the 2000 win of American Beauty meant that the Academy was embracing the future (thank God.) Having banished Fahrenheit 9/11 and The Passion of the Christ from the major categories, politics entered the only gap remaining and Eastwood's film became a literal cause celebre.

I can't say I had any strong feelings about the award recipients this year. In the recent past I've had feelings primarily about movies I really didn't want to win (all of which tended to win.) This year I've only seen two of the nominees, The Aviator and Sideways, and I guess I'm glad neither of them won, although it wouldn't have been so bad if one had. Neither is a terrible movie, and while it would be a shame for Marty to win for such a mediocre film, it's far from the first time someone won an Oscar as a consolation for previous, unawarded and superior work.

On a more positive note, it was nice to see Sidney Lumet get his lifetime achievement award because he was so happy about it, but the fact that he hasn't won one (joining Alfred Hitchcock, Robert Altman, Stanley Kubrick, Frederico Fellini and now perhaps Martin Scorsese) points out that it doesn't mean anything of significance. I've long thought that Lumet was criminally underrated, but I didn't know why until I read attacks on him by Andrew Sarris and Pauline Kael. Despite disagreeing on almost everything else, both dislike Lumet's films primarily, it seems to me, because they are about something other than the medium itself. Lumet's films benefit from the curiosity the viewer brings to the work, something that neither Sarris nor Kael much value. Sure, there are some Lumet movies I don't care for or want to see again, but there are many I love and can watch again and again. Network and Prince of the City are both extraordinary films that hold up extremely well even as the world has overtaken them, and Lumet has done fine work before and since then. Especially check out some of Lumet's follow-ups to Serpico and Prince of the City: Q&A and Night Falls on Manhattan. I'd also defend Power and recommend Critical Care and even Guilty as Sin, ridiculous as that sounds.