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Tuesday, December 16, 2003 Kwanzaa Not a Christmas SubstituteI feel almost as chary of disputing an African-American's views on Kwanzaa as I was of talking about Jewish identity. Still, here goes:Tony Pierce rips Kwanzaa as "some watered down bullshit made up strip mall phony holiday so you can wear a koofi," and even sees the holiday as contributing to the white supremacist cause: black folk, the racists want us to have kwanza. it makes us look ridiculous and lost. kwanza represents something missing from being Christian. racists dont want black folk being Christian. they dont want to be equals to us. they dont want to share beliefs, they dont want to have anything to do with us, cuz they know that familiarity destroys ignorance, and only the ignorant can remain hateful.Interestingly, at the beginning of the post Pierce also deprecates non-Christian Christmas symbols like lights, snowmen and a Winnie-the-Pooh Santa as a distraction from the true meaning of the holiday, the celebration of Jesus's birth. Yet my underderstanding of Kwanzaa (as vaguely remembered from Dean Turner's class on the African American Community) is that it is not a substitute for Christmas, nor is it part of the essentially meaningless secularity now associated with the season. Kwanzaa is a unique African American celebration with focus on the traditional African values of family, community responsibility, commerce, and self-improvement. Kwanzaa is neither political nor religious and despite some misconceptions, is not a substitute for Christmas. It is simply a time of reaffirming African-American people, their ancestors and culture.To emphasize that it does not attempt to replace the Christian holiday, Kwanzaa begins on December 26, and the values celebrated (one each day) can be seen as supplementary to the values of Jesus's life. Unity, self-determination, collective work and responsibility, cooperative economics, purpose, creativity and faith surely are not contrary to Christianity. Indeed, the centrality of family and community in Kwanzaa celebration counters the festivals of gluttony and materialism that most people's Christmases are. To be honest, I am troubled by Pierce's saying that talking about one's ancestors' home is somehow unAmerican, and that one "beats" the white supremacist by one's family's having been in the United States longer than his. By paying attention to the opinions of racists, Pierce is buying into their value system. No American, blackwhitebrownwhatever, is made more or less American by the length of time in which her family has resided here. No American is made more or less American by knowing something about non-European traditions and by having celebrations that did not originate in Europe. Celebrating Kwanzaa need not take away from celebrating Christmas. 4:42 PM Sunday, December 14, 2003 SlimeballsIf I didn't know that I don't bank with Citibank, this almost would have fooled me:From : security@citibank.com(emphasis added) At least the link is defunct. 5:35 PM Kickass.Great, great news for the people of Iraq, who now can put Saddam Hussein on trial along with his henchmen for their decades of crimes against them. Although there's no reason for it, this gives me a little more hope that we'll find Osama bin Laden, which would be great news for the people of the U.S., who could then put him on trial for his crimes against them.The capture of Saddam Hussein should utterly demoralize the portion of Iraqi insurgents who had been loyal to Saddam and who were fighting the U.S. occupation with the goal of restoring Baathists to power, but I think bin Laden must be taken, preferably alive to avoid martyrdom, to break the spirit of the people who came into Iraq just to force out the Americans. He, not Saddam, is the symbol of al Qaeda, of the fanatical, suicide-oriented mission to push the West out of Muslim nations. Sen. Lieberman said on Meet the Press that Saddam should be tried by a court that can give him the death he surely deserves. I doubt he will be tried by a European court that does not have a capital option, but Americans really ought not be the determiners of the appropriate punishment for Saddam. If the Iraqi people are in favor of having a death penalty, then that is what we should have. This should be their trial, their closure for the genocides against the Kurds and marsh-dwellers, the politically-motivated murders, tortures, rapes and imprisonments that were perpetrated against Iraqis, not Americans. Our time will come when we get bin Laden. Mithras has a similar view of how Saddam's capture will affect the insurgency, and also wonders whether Saddam Hussein broke any Iraqi laws (presumably an Iraqi court would have jurisdiction only for violations of domestic law). However, I think a court in Iraq, composed mostly of Iraqis, though not necessarily part of the usual court system, would be able to try Saddam for violating international law. The trials of Saddam and the other criminals of his regime can be like those of the Rwandan genocide perpetrators. The legal framework also draws on international law, including Rwanda's genocide tribunal and the legal code used to create the United Nations' International Criminal Court, a body the Bush administration opposes. Al-Hakim said it would also use the Geneva Conventions as a point of reference.Those trials seem to be going quite well. They are not a fake trial, as Nuremberg essentially was, with the judgement a foregone conclusion before the indictments were even read, but they are still punishing the criminals. Perhaps the most important function of trials like these, after a nightmare of death and pain for much of a nation, is of clarification. Where are the missing sons and fathers, brothers and husbands? Who assaulted the daughters and mothers, sisters and wives? I have always thought that Saddam would end up being like Slobodan Milosevic: taken alive, only to protest that the charges against him are a sham and his trial below his notice. Bin Laden, we will have trouble keeping alive for his trial. Unlike Saddam and Milosevic, he has the martyr's spirit as well as a martyr's cause. So Saddam's trial may end up featuring some of the absurdist elements of Milosevic's, but I think both will be sentenced to the maximum punishment their courts will allow. General Clark, incidentally, is at the Hague right now to testify against Milosevic. 11:09 AM Winding Down in Windy CityI'm in Chicago for my Monday morn Northwestern Law interview, staying with family friends nearby. We just came back from the Last Samurai, which was tremendously better than I had expected. I admit to a degree of prejudice against a Tom Cruise historical epic (Far and Away, anyone?), but it really delivered -- almost no cop-out at the end. Because I'm a dork, I would have preferred less gory battle scene and panorama shots, and more showing of exactly why the samurai objected to the modernization of Japan. Now I have to go look up exactly what happened there.When I walked out of O'Hare, the air felt no colder than that back at BWI. However, it snowed in the early evening -- not the postcard snowflakes we'd seen in the D.C. area, but serious sticking snow -- and by the time we walked back from the theatre, I felt Chicago. Not even the wind, just the cold, with the snow salt-sprinkled over our coats. At the last two blocks before the apartment building, I was beginning to worry about my ears. Must buy those flaps that fit around one's ears. Or earmuffs, I don't have a hairstyle to muss. I have to run by UChicago before I go home, to drop off my personal check. They don't let people transmit their application fees online, and I was doin' it all online. They sent me an email a few days ago politely reminding me that until they saw my money, they weren't looking at my application. They didn't say it in so many words, but I understood. So a hand-delivered $65 to the people who put the economics in law & econ. The family friends keep asking me what I want to do in Chicago. I don't know. Eat pizza? I've been eating unhealthy food all day, starting with the "Wild Mountain" chicken sandwich at Wendy's (which is misbehaving at best, not wild by a long shot), and then chocolate candy through the afternoon, with only a break at dinner for salad. This promises to continue tomorrow morning with chocolate chip pancakes. Chicken sausage isn't too bad, is it? I asked about the museums, and they mentioned the Field. That sounds vaguely familiar, but I'm kind of label-oriented about museums. Like, oh, a Guggenheim, OK. I know that one. The Field sounds downright independent. But I'm in an art museum mood, look at lots of NOTICE THIS and see what sticks. The family friends seem to like Kandinsky, with concentric circles in the half-bathroom and an untitled piece that has triangles, crescents, blobby and smooth circles. 1:48 AM Friday, December 12, 2003 Slander/LibelI can't remember which malicious falsehoods on a weblog would qualify as.I post this message, forwarded by a friend, in hopes that a couple of Bush-supporting readers, or at least people more knowledgeable than myself, can sift out the truth from the exaggeration and distortion. Some of this is definitely true, some of it sounds like quite a stretch. RESUME: George W. Bush The White House, USA 11:41 AM Thursday, December 11, 2003 YumThis place sounds sooo good:[D]etour into Kingsbury Chocolates in Old Town.Cute Date Place Alert: In addition to chocolates and candies, Kingsbury Chocolates sells breakfast pastries made by a Baltimore baker, as well as coffee, tea and hot chocolate that surpasses anything likely to be found in most area coffeehouses.It ain't Paris, but Alexandria may be as close as the Northern Virginia suburbs get. 4:54 PM Most Depressed Christmas SongOne might think John Lennon's "Happy Christmas (War Is Over)" is a pretty sad tune, but "I Believe in Father Christmas," written by Emerson, Lake and Palmer, glooms all over Lennon.They said there'll be snow at Christmas 1:03 PM Mad HattingA friend and I were discussing hat sizes yesterday. I'm a 7 1/8, according to my Astros cap (the only hat I own other than my graduation motarboard); he's a 7 3/8. "One fourth larger than me," I said, but one fourth larger what? Certainly not centimeters or inches of circumference, although hat-sellers have people measure around their heads and then convert that into a hat size via a mysterious chart.Perhaps hats follow the same nonexistent rules of sizing that govern women's clothing. However, the utter meaninglessness of women's sizes is popularly supposed to be intended to protect women's vanity regarding their bodies, which presumably wouldn't extend to head size. As Jeff Foxworthy noted after seeing a "plus-size" women's catalog, the numbers used appear to designate the acres of cloth used to make the item more than anything else. Men, on the other hand, apparently have no issues with knowing the true dimensions of their waist and the length of their legs. My theory is that sometime in their teens, men look at themselves in a mirror, recognize where they fall on the appearance scale and do not worry much about it thereafter, devoting the time women spend on that concern to more important issues like fantasy football. This is mostly good, except in the cases when a man becomes much better looking with time and continues to regard himself as a gargoyle; and far more problematically, when a man gets fat and bald and generally unattractive but doesn't seem to have realized it. At any rate, there is an explanation for hat sizes: they measure the diameter of the inside of the hat, aka the diameter of the hat wearing portion of one's head. Men's hat sizes measure the diameter of the hat if it were deformed into a perfect circle. To obtain your measurements, measure the circumference of your head across the forehead and just below the curve of the skull in back and divide the result by Pi (3.14159).This website claims that women's hat sizes measure circumference, which I suppose means that my Astros cap is a sexist and uninclusive cap. 11:36 AM Wednesday, December 10, 2003 ShhhDon't tell my mom, but I forgot to finish a couple of my applications for schools that didn't have an Early Action deadline, and am now frantically churning them out.I received a favorable impression of Fordham University during the Rawls conference, and so was particularly anxious to get my application in, despite its having a lesser reputation than the majority of schools to which I am applying. However, I'm stuck on Questions 27 and 28. Well, not so much stuck on as bemused by. All the schools that have asked about my diversity attributes (race, religion, etc.) have worded it in different ways. I remarked Wisconsin's checkbox method earlier, and Notre Dame's query about religion elsewhere. Emory also asked about my "religious preference." I thought about attaching an explanation of how I liked Quaker meeting as long as I was fully awake, and the close community of evangelical/fundamentalist churches whose beliefs I completely disavowed, and had come up a Unitarian in a quiz. Since they provided only a short line, I decided to keep it brief and said Agnostic Hindu, which may seem puzzling at first but isn't when you think about Hinduism. Fordham has an interesting way of asking these sort of questions: 27. Regardless of your ethnic background, if you feel you have been educationally, economically, socially or historically disadvantaged and wish the Admissions Committee to consider this during the evaluation process, check here __ and provide explanatory information on an attachment (or electronic attachment) labeled "Response to Question 27."This is the most anal application I've filled out with regard to labeling attachments. No other school has specified what the attachments need to be named. Question 7 had already garnered the "Optional information on ethnic background (for statistical reporting purposes)," although the detailed range of options was somewhat unusual: American Indian/ Native Alaskan Black African American Other Black Asian - Chinese Asian - Filipino Asian - Japanese Asian - Korean Asian - East Indian [I hope this encompasses South Indian] Asian - Other [oops, maybe this does] Chicano/ Mexican American Puerto Rican Cuban American Hispanic South American Hispanic Central American Hispanic (Spain) Other Latino (please specify) [why no "please specify" for the Other Asian?] White Some might look at this and snort, "Political correctness," but "Hispanic" isn't really the best term for anything. If intended to designate people from Spanish-speaking families, then this list leaves out Brazilians. "Latino" is more generally accepted because it encompasses all people south of the U.S. border, although it does leave out people who have immigrated directly from Spain, as such people are considered European and white. Question 29 on the Fordham application is one I've never seen before in any shape: "In what state(s) do you contemplate seeking admission to the bar?" Bloody hell if I know. I put down New York and District of Columbia as plausible choices. 4:04 PM Tuesday, December 09, 2003 More Prison Time! Harsher Sentences!Senator Jon Kyl of Arizona says many sensible things about the need to enforce our current immigration laws in an NRO Guest Comment. Unfortunately, he fails to address head-on the biggest reason for illegal immigration: the availability of jobs to undocumented workers.If it were known that getting work in America is absolutely impossible without the correct papers, people would not be coming here, as work is the main lure for the average alien. Illegal immigrants are not eligible for welfare checks, subsidized housing, food stamps or any form of public assistance except the federally-mandated provision of emergency medical treatment that Kyl seems to regard skeptically. Pregnant women sometimes endeavor to have their babies in the U.S., which makes the children automatically citizens, but this is an exceptional situation. If the Wal-Marts and Tysons weren't hiring, the vast majority of aliens would not have risked death and injury to cross the border to be here; the cost of paying a smuggler would be far greater than the few benefits that accrue to an unemployed immigrant who must hide from the government. As a senior fellow at the Center for Immigration Studies noted during testimony before Congress, Immigration experts agreed then, as they do now, that illegal immigrants come to the United States for one primary reason: jobs. Thus, it was clear then, as it is now, that border controls alone would not halt illegal immigration as long as jobs were still available to illegal immigrants. Moreover, border controls would do nothing to deter those immigrants who entered the United States on legal temporary visas and then overstayed.But Kyl's only mention of the hiring problem is "the lure of cheap labor," buried under concerns about excess political correctness and criticism and underfunding of border enforcement. Perhaps he thinks that the irresponsible and illegal actions of American employers have been sufficiently covered in the recent news stories, or maybe he doesn't want to offend potential contributors. "Political correctness" and faceless aliens are much easier targets than big corporations. INS takes a similar attitude. Only civil sanctions fall on employers who negligently or knowingly hire undocumented workers, while the workers are jailed and deported. This vast imbalance in punishment means that in the conspiracy of illegal employment, employers have all the power. If an employee is mistreated, the threat of being reported to the INS carries far greater consequences for him than any counter-threat to report the employer does to the latter. Rather like Ford's calculations in the infamous Pinto case, the employers who hire illegals (and they are a minority; only 3% of all employers, by the GAO's count) calculate that they make more money by acting unethically. The monetary penalties for violating the law multiplied by the likelihood of getting caught equals a number much smaller than the profits of the behavior. Those pansies at the AFL-CIO just want "enhanced penalties," but this form of white-collar crime should include criminal penalties. Those found responsible for knowingly or negligently engaging in violations of employment law (including hiring of illegal immigrants and any traffic in forged documents) should serve time in prison. The employer who has to factor possible prison time into her calculations of whether to permit undocumented workers to be hired is less likely to do so. If prison is such a bloody good deterrent, we ought to use it more often to make people who are really freaked out at the thought of it behave properly. Jill from Human Resources is going to take the Big House more seriously than Leon from the Corner Crackhouse. 4:28 PM OutKast vs. Rosa ParksOld news can always be made new in the wonderful world of litigation:The U.S. Supreme Court on Monday denied a petition by Outkast and their record labels asking the court to intervene in a lawsuit involving civil-rights icon Rosa Parks and the rap duo's Grammy-nominated single bearing her name. The move clears the way for Parks to sue Outkast for what she claims is false advertising, a violation of her rights of publicity.I was startled when I first saw mention of this case. Surely it had been settled years ago. Well, part of it had. Parks's claims of character defamation and interference with an ongoing business relationship were thrown out by U.S. District Judge Barbara Hackett, and that ruling upheld by a three-judge panel of the 6th Circuit. The contention that using Parks's name and likeness without permission constitutes false advertising, however, has not been finally adjudicated. The Supreme Court's denial of Outkast's petition permits Parks to pursue that claim. The controversy centers on a song titled "Rosa Parks" on Outkast's 1998 Aquemini and the 2001 best of collection Big Boi & Dre Present Outkast. I admit to a prejudice in favor of Outkast just because I enjoy their work; they're exuberantly funny as well as serious. But Rosa Parks is, well, Rosa Parks. And the song on which they used her name comes off as a hip-hop cliche of self-absorbed braggery and dick-gazing. (In literature, people navel-gaze; in contemporary music, men seem to be looking farther down.) Even the hook, which does reference the site of Parks's claim to fame -- "Everybody move to the back of the bus" -- is about the usual grind: Ah ha hush that fussOn the other hand, Parks has been somewhat oversensitive to references to her, as in the jocular Barbershop dialogue. She is a public figure, her name carrying a significance beyond her own person. Indeed, Parks was chosen by the NAACP to be the test case because she was seen as an upstanding pillar of the community, a 42-year-old wife who could withstand the media pressure better than the two young women who previously had refused to give up their seats and been arrested. She did not trip into history. 3:03 PM Just because you won the argument doesn't mean you're right. |
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