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Before Kill and Run, Was There Rape and Run? Documents Show the FBI Gave Janklow a Pass by Stephen Hendricks; The Faces of Janus: Why the New York Times Has Always Been a Rotten Paper by Alexander Cockburn; Steal a Tree, Go To Jail; Steal a Forest, Stay in the Lincoln Bedroom: the Politics of Timber Theft by Jeffrey St. Clair; A Southern Africa Sojourn by Lawrence Reichard; The Kiev Con: Exposing David Duke's Illusory Doctorate; CounterPunch Online is read by 70,000 visitors each day, but we are funded solely by the subscribers to the print edition of CounterPunch. Please support this website by buying a subscription to our newsletter, which contains fresh material you won't find anywhere else, or by making a donation for the online edition. Remember contributions are tax-deductible. Click here to make a (tax deductible) donation. If you find our site useful please: Subscribe Now!

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Today's Stories

January 19, 2004

Uri Avnery
Anti-Semitism: a Practical Manual

January 17 / 18, 2004

Fadi Kiblawi and Will Youmans
The Use and Abuse of MLK Jr by Israel's Apologists

Joshua Muldavin
and Joseph Nevins

Blaming the Symptoms

Jeffrey St. Clair
Bad Days at Indian Point: Inside America's Most Dangerous Nuclear Plant

Brian Cloughley
Iron Hammers in Iraq

Saul Landau
Fog of War: Vietnam and Iraq

M. Shahid Alam
Lerner, Said and the Palestinians

Richard Manning
Food Poisoning as Background Noise

Marjorie Cohn
The Guantanamo Concentration Camp

Mike Whitney
Scalia and Opus Dei: Radicals on the Court

Sadik Kassim
Meet Our New Saddam: Islam Karimov

Carol Norris
Arnold and Bush's Numbers Don't Add Up

Joe Quandt
Suicide Bombers: The Clash of Absurdities

David Krieger
Imagining MLK Jr at 75

Bruce Jackson
Making War, Making Movies

Ron Jacobs
Revolution in the Air: a review

Richard Edmondson
Rupert Murdoch and My Sister

Richard Forno
Apologizing for Preemption: Evil, Perle and Frum

Poets' Basement
Holt, Mickey Z, Albert & Guthrie

 

January 16, 2004

Kathy Kelly
A Visit to Umm Qasr Prison

William S. Lind
More Thoughts on 4th Generation Warfare

Gillian Russom
So. Cal Grocery Strikers Speak Out: "We Need Action!"

Ari Shavit
Survival of the Fittest? An Interview with Benny Morris

Adi Ophir
Genocide Hides Behind Expulsion: a Response to Benny Morris

Dave Lindorff
The General's Henchman: Michael Moore Smears Kucinich

Steve Perry
Iowa Death Trip 2

 

January 15, 2004

Veteran Intelligence Professionals for Sanity
Memo to the President: Your State of the Union Address

John Chuckman
Dry Hole in the Oval Office: President from Podunk Drilling, Inc

Chris Floyd
Mind Over Matter

Gil-Scott Heron
Whitey on the Moon

Gary Leupp
The Silk Road: Random Thoughts on the Bam Earthquake and Satan

 

January 14, 2004

Greg Moses
Happy Birthday, Dr. King: To Write Off the South is to Surrender to Bigots

Kurt Nimmo
Bush and the Supremes: Amputating the Bill of Rights

Dave Lindorff
Preview of Iowa? Pennsylvania Straw Poll Spells Trouble for Traditional Dems (and Dean)

Jason Leopold
O'Neill Claims Backed by Rumsfeld / Wolfowitz War Letters to Clinton

Alexander Cockburn
Bush, Oil and Iraq: Some Truth at Last

 

January 13, 2004

William S. Lind
How 2004 Looks from Potsdam

M. Junaid Alam
Do Iraqis Have a Right to Resist?

Mickey Z
Snipers: No Nuts in Iraq

Adolfo Gilly
Chonchocoro: The Prisoner and the Presidents

Steve Perry
You Love God, Right?

 

January 12, 2004

Ben Tripp
No Stan for the Kurds

Norman Solomon
The Dixie Trap: Democrats and the South

Mike Whitney
O'Neill's Revenge

Jason Leopold
From the Very First Instant It Was About Iraq

Uri Avnery
Syria's Peace Proposal

 

January 10 / 11, 2004

Alexander Cockburn
Bush as Hitler? Let's Be Fair

Susan Davis
Dangerous Books

Diane Christian
On Lying and Colin Powell

Lisa Viscidi
Exhumations: Unearthing Guatemala's Macabre Past

Daniel Estulin
Destroying History in Iraq

Saul Landau
Homeland Anxiety

Elaine Cassel
Who's Winning the War on Civil Liberties?

Bruce Jackson
Making the Shit List

Christopher Brauchli
Baptizing Hitler's Ghost

Francis A. Boyle
The Deep Scars of War

Lee Ballinger
Cold Sweat: Sweatshops and the Music Industry

Patrick W. Gavin
Hillary's Slur: Mrs. Lott?

Ramzy Baroud
What Invaders Have in Common

Michael Schwartz
Inside the California Grocery Strike

Gary Johnson
An Interview with Former Heavyweight Champ Greg Page

Dave Zirin
An Interview with Marvin Miller on Unions and Baseball

Mark Hand
A Review of Resistance: My Life for Lebanon

Poets' Basement
Thomas, Daley, Curtis, Guthrie and Albert

 

January 9, 2004

David Lindorff
The Misers of War: Troop Strength and Chintzy Bonuses

Kurt Nimmo
Saddam's Defense: Summon Bush Sr. to the Stand

Mike Whitney
Orange Jumpsuits for the Bush Clan?: The Carnegie Report on Iraq's Non-existent WMDs

Deb Reich
Palestinians and Israelis: This War is Unwinnable

David Vest
Disabled Vets Fire Back at Rumsfeld

 

January 8, 2004

Neve Gordon
Israeli Refuseniks Sentenced to Jail

Lenni Brenner
Dr. Dean and the Godhead

Ray McGovern
Bush: Driving Without Breaks

Mark Scaramella
Inside the DA's Office: Lies, Errors and Tedium

Yves Engler
Bush's Mexican Gambit

James Hollander
Journalists Under Fire: the Death of José Couso in Baghdad

 

January 7, 2004

Democracy Now!
Uncharitable Care: How Hospitals are Gouging and Even Arresting the Uninsured

Greg Weiher
The Bush Administration's Ongoing Intelligence Problem

Ben Tripp
The Word of the Year, 2003

Dave Lindorff
Dean and His Democratic Detractors

Michael Leon
The NYT Does Chomsky

Bob Boldt
God Talk

Ramon Ryan
Small Victories and Long Struggles: the 10th Anniversary of the Zapatista Uprising

 

 

January 6, 2004

Dave Lindorff
RNC Plays the Hitler Card: MoveOn Shouldn't Apologize for Those Ads

Ron Jacobs
Drugs in Uniform: Hashish and the War on Terrorism

Josh Frank
Coffee and State Authority in Colombia

Doug Giebel
Permanent Bases: Leave Iraq? Hell No, We Won't Go

John Chuckman
Sick Puppies: David Frum's New Neo-Con Manifesto

Rannie Amiri
The Politics of the Iranian Earthquake

John L. Hess
A Record to Dissent From

Thacher Schmid
A Cheesehead's Musings on the Sunday NYT

David Price
"Like Slaves": Anthropological Thoughts on Occupation

 

January 5, 2004

Al Krebs
How Now Mad Cow!

Kathy Kelly
Squatting in Baghdad's Bomb Craters

Jordy Cummings
The Dialectic of the Kristol Family: Putting the Neo in the Cons

Fran Shor
Mad Human Disease: Chewing the Fat Down on the Farm

Fidel Castro
"We Shall Overcome": On the 45th Anniversary of the Cuban Revolution

Gary Leupp
North Korea for Dummies

 

 

January 3 / 4, 2004

Brian Cloughley
Never Mind the WMDs, Just Look at History

Vice Admiral Jack Shanahan
The Wrong War at the Wrong Time

William Cook
Failing to Respond to 9/11

Glen Martin
Jesus vs. the Beast of the Apocalypse

Robert Fisk
Iraqi Humor Amid the Carnage

Ilan Pappe
The Geneva Bubble

Walter Davis
Robert Jay Lifton, or Nostalgia

Kurt Nimmo
Ashcroft vs. the Left

Mike Whitney
The Padilla Case

Steven Sherman
On Wallerstein's The Decline of American Power

Dave Lindorff
Bush's Taiwan Hypocrisy

William Blum
Codework Orange!

Mitchel Cohen
Learning from Che Guevara

Seth Sandronsky
Mad Cow and Main Street USA

Bruce Jackson
Conversations with Leslie Fiedler

Standard Schaefer
Poet Carl Rakosi Turns 100

Ron Jacobs
Sir Mick

Adam Engel
Hall of Hoaxes

Poets' Basement
Jones, Albert & Curtis

 

 

 

January 2, 2004

Stan Cox
Red Alert 2016

Dave Lindorff
Beef, the Meat of Republicans

Jackie Corr
Rule and Ruin: Wall Street and Montana

Norman Solomon
George Will's Ethics: None of Our Business?

David Vest
As the Top Wobbleth


January 1, 2004

Randall Robinson
Honor Haiti, Honor Ourselves

David Krieger
Looking Back on 2003

Robert Fisk
War Takes an Inhuman Twist: Roadkill Bombs

Stan Goff
War, Race and Elections

Hammond Guthrie
2003 Almaniac

Website of the Day
Embody Bags


December 31, 2003

Ray McGovern
Don't Be Fooled Again: This Isn't an Independent Investigation

Kurt Nimmo
Manufacturing Hysteria

Robert Fisk
The Occupation is Damned

Mike Whitney
Mad Cows and Downer George

Alexander Cockburn
A Great Year Ebbed, Another Ahead

 

 

 

December 30, 2003

Michael Neumann
Criticism of Israel is Not Anti-Semitism

Annie Higgins
When They Bombed the Hometown of the Virgin Mary

Alan Farago
Bush Bros. Wrecking Co.: Time Runs Out for the Everglades

Dan Bacher
Creatures from the Blacklight Lagoon: From Glofish to Frankenfish

Jeffrey St. Clair
Hard Time on the Killing Floor: Inside Big Meat

Willie Nelson
Whatever Happened to Peace on Earth?

 

 

December 29, 2003

Mark Hand
The Washington Post in the Dock?

David Lindorff
The Bush Election Strategy

Phillip Cryan
Interested Blindness: Media Omissions in Colombia's War

Richard Trainor
Catellus Development: the Next Octopus?

Uri Avnery
Israel's Conscientious Objectors

 

December 27 / 28, 2003

Alexander Cockburn
A Journey Into Rupert Murdoch's Soul

Kathy Kelly
Christmas Day in Baghdad: A Better World

Saul Landau
Iraq at the End of the Year

Dave Zirin
A Linebacker for Peace & Justice: an Interview with David Meggysey

Robert Fisk
Iraq Through the American Looking Glass

Scott Burchill
The Bad Guys We Once Thought Good: Where Are They Now?

Chris Floyd
Bush's Iraq Plan is Right on Course: Saddam 2.0

Brian J. Foley
Don't Tread on Me: Act Now to Save the Constitution

Seth Sandronsky
Feedlot Sweatshops: Mad Cows and the Market

Susan Davis
Lord of the (Cash Register) Rings

Ron Jacobs
Cratched Does California

Adam Engel
Crumblecake and Fish

Norman Solomon
The Unpardonable Lenny Bruce

Poets' Basement
Cullen and Albert

Website of the Weekend
Activism Through Music

 

 

December 26, 2003

Gary Leupp
Bush Doings: Doing the Language

 

December 25, 2003

Diane Christian
The Christmas Story

Elaine Cassel
This Christmas, the World is Too Much With Us

Susan Davis
Jinglebells, Hold the Schlock

Kristen Ess
Bethlehem Celebrates Christmas, While Rafah Counts the Dead

Francis Boyle
Oh Little Town of Bethlehem

Alexander Cockburn
The Magnificient 9

Guthrie / Albert
Another Colorful Season

 

 

 

December 24, 2003

M. Shahid Alam
The Semantics of Empire

William S. Lind
Marley's List for Santa in Wartime

Josh Frank
Iraqi Oil: First Come, First Serve

Cpt. Paul Watson
The Mad Cowboy Was Right

Robert Lopez
Nuance and Innuendo in the War on Iraq

 

 


December 23, 2003

Brian J. Foley
Duck and Cover-up

Will Youmans
Sharon's Ultimatum

Michael Donnelly
Here They Come Again: Another Big Green Fiasco

Uri Avnery
Sharon's Speech: the Decoded Version

December 22, 2003

Jeffrey St. Clair
Pray to Play: Bush's Faith-Based National Parks

Patrick Gavin
What Would Lincoln Do?

Marjorie Cohn
How to Try Saddam: Searching for a Just Venue

Kathy Kelly
The Two Troublemakers: "Guilty of Being Palestinians in Iraq"

 

December 20 / 21, 2003

Alexander Cockburn
How to Kill Saddam

Saul Landau
Bush Tries Farce as Cuba Policy

Rafael Hernandez
Empire and Resistance: an Interview with Tariq Ali

David Vest
Our Ass and Saddam's Hole

Kurt Nimmo
Bush Gets Serious About Killing Iraqis

Greg Weiher
Lessons from the Israeli School on How to Win Friends in the Islamic World

Christopher Brauchli
Arrest, Smear, Slink Away: Dr. Lee and Cpt. Yee

Carol Norris
Cheers of a Clown: Saddam and the Gloating Bush

Bruce Jackson
The Nameless and the Detained: Bush's Disappeared

Juliana Fredman
A Sealed Laboratory of Repression

Mickey Z.
Holiday Spirit at the UN

Ron Jacobs
In the Wake of Rebellion: The Prisoner's Rights Movement and Latino Prisoners

Josh Frank
Sen. Max Baucus: the Slick Swindler

John L. Hess
Slow Train to the Plane

Adam Engel
Black is Indeed Beautiful

Ben Tripp
The Relevance of Art in Times of Crisis

Michael Neumann
Rhythm and Race

Poets' Basement
Cullen, Engel, Albert & Guthrie

 


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January 19, 2004

Inside America's Prisons

From Correction to Retribution

By JUSTIN E.H. SMITH

Michel Foucault's account of the emergence of the modern penal system, Discipline and Punish: the Birth of the Prison, is already hopelessly outdated. Not, however, because it has been superceded by a sharper analysis employing a more fruitful method, but because the penal system, at least in the United States and Great Britain, has fundamentally changed as an institution since Foucault's study was first published in 1975. Foucault had been critical of the humanistic veneer with which we once made the urge to punish more palatable to our bourgeois consciences, since punishment, revenge, cruelty were at the end of the day hardwired into our wills-to-power and so, offensive to bourgeois sensibilities or not, ineradicable. Feel-good humanism had led to the proliferation of institutions ostensibly dedicated not to physical unpleasantness, but to the correction of these inmates' wayward natures. The science of deviance, as distinct from the moralistic judgment of deviants, flourished. Foucault plausibly maintained that, as a consequence of the humanizing drive in Western penal systems, the cruelty only became more subtle: the punishers quit torturing the body and went to work instead on the soul. But no matter. They meant well.

Since the 1970s, in any case, the humanistic veneer has been scraped off, and we have returned to what Foucault, and Nietzsche before him, might consider a much more forthright reckoning of how we really feel about all those ne'er-do-wells: the rapists and the murderers and the bank robbers; and the petty drug dealers and the petty drug users and the poor. And in the United States we now have a penal system undergoing rapid growth, whose primary mission is to separate ne'er-do-wells from the rest of society and, to the extent possible under vestigial humanistic laws, to make this experience unpleasant.

In The Culture of Control: Crime and Social Order in Contemporary Society (University of Chicago Press, 2001), David Garland has written an archeology of the penal system for this most recent Anglo-American fin de siècle. He argues that the shift from correction to retribution can only be understood by looking at broader societal changes in the latter half of the 20th century, rather than trying to trace the new form of the prison back to developments in the fields of criminology and penology. Indeed, at just the time that the shift from correctionalism to punitive sentencing occurred, criminology was at its most radical, with prominent theorists in the field questioning the reality of the category of deviance altogether. Criminology broadly construed, we may see Foucault himself as representative of this trend.

The shift in broad public opinion that did not occur in narrow academic criminology was from concern for the criminal to concern for the victim. It was assumed that recognition of victims' rights required a simultaneous diminution of concern for criminals' rights. This position was clearly expressed by Joseph Lieberman on the 2000 campaign trail: "The liberal, criminal rights-oriented theories I took with me from law school ran smack into the reality of violent crime and street crime in my Hew Haven neighborhood. I knew people who were victims of violent crime and muggings; my house was broken into twice. Fear of crime was constricting freedom and stifling growth. So I began to propose tougher criminal laws, including the death penalty, and to focus more on victims' rights and expedited criminal procedures."

What I find most odd about the retributivist, take-back-New-Haven position defended by Lieberman -for votes, to be sure, for votes- is not that it reverts back to an ends-blind vengefulness the Western world had gradually been overcoming since the Enlightenment. No, it was remarkable that we ever thought to strive to overcome this approach to transgressors in the first place. What is odd about the current situation is that true poetic or Hammurabic revenge remains, at least for the moment, out of the question, and the closest thing to retribution for, say, rape, allowed by law is to force the rapist to sit in a small room for a long time. Even if we may plausibly believe in revenge, the default setting of justice throughout the vastly greater part of human history, we may wonder what strange sort of cosmos would be set back in order through the simple incarceration of a violent criminal. The retributivists are constrained, at present, to work within the limits of a criminal justice system that emerged as a result of the humanistic, correctionalist ideology prevalent in Western society prior to the triumph of retributivism. And what we are left with, after thirty or so years of victim's rights, Megan's Law, the Brady Bill, and other such efflorescences of tough-on-crime populism, is an utterly senseless state of affairs, satisfactory to no one, in which politicians win votes by piling petty criminals on top of one another, for no other reason than to satisfy popular demand, in institutions that continue to be called 'correctional', but that in fact have no idea what their true purpose is, vacillating between the residual utopian good intentions of a bygone era and the sense that their purpose is to be tough, even as the law prohibits outright corporal punishment and other violations of human rights.

I worked for a time as a volunteer writing teacher at the Warren Correctional Institution, a maximum security prison in Lebanon, Ohio. The warden gave me a tour on my first day. He beamed with what I took to be genuine pride at the 'campus layout' of the prison. It was not a blocky, grey prison, as I had imagined all prisons are, as I had seen in movies. It did indeed look like a campus, with rolling green hills and clusters of dormitories (i.e., cell blocks), and central buildings that contained the cafeteria, the school, the barber shop. The warden assured me it was one of the most progressive prisons in the state. But he seemed to measure progressiveness in terms of the quality of the prisoners' stay, rather than in terms of the prison's capacity to set the inmates out, upon release, into a life of greater options and autonomy than their life prior to incarceration. This is what true correction would be. For all its progressiveness, the warden did not seem able to conceive of the prison as anything more than a holding bin.

Then there was Doc. Doc was the director of educational programs at the prison. He had earned a doctorate in education somewhere in Kentucky. (My Ph.D. in philosophy from Columbia, apparently, did not warrant a similar honorific. I didn't press the issue.) Doc liked being called 'Doc' by the inmates. Doc needed to be in a position in this world where he could be held in high esteem by people who had never had the opportunity to figure out that, as a person, there was really nothing superior about him, nothing exceptional, or even noteworthy, other than an odd habit of inserting 'take' between modal verbs and those they accompany in most of his sentences: You're gonna have to take and put all the metal you have in your pockets into that bin there before you go through the machine and Travis here gets you with the wand.

And there was the rest of the school staff, there just to receive their subsistence-level paychecks. One of the instructors in the school seemed nonplussed that I was volunteering to teach while she was forced to eke out an existence doing the same. She thought me naïve for believing I could, as they say, make a difference. And rightly. My volunteer work was desirable to the prison administrators because higher SAT scores from the prisoners would improve the ranking of the prison within the state sytem and, I presume, result in a larger piece of the state's funding pie. Nothing, I should add, in the phrasing of the prison's 'facility mission' would suggest that the school served any purpose beyond fund-raising. The purpose of the prison, evidently its exhaustive purpose, as we learn from its website, is "to achieve the correctional goal of effective supervision of adult offenders in a setting that is safe and humane for both adult offenders and the institutional staff who work with them." One might wonder what could plausibly be considered 'correctional' about safe, humane supervision. Safety and humanity might be among the conditions of possibility of correction, but this does not mean they are themselves correctional. Students were shuffled in and out of my class; I seldom saw the same student more than two or three times. When I asked why a particular student had not shown up, I was told he couldn't attend for disciplinary reasons, or that he had had a hearing to go to. The students themselves, for their part, didn't trust me. They assumed I was trying to bend and shape them for my own interests, just like everyone else in that massive enterprise. For doing good, too, is a sort of bending and shaping, and it rightly irks the fellow not open to having good done to him. I quit after a few months.

But I've failed to tell of the guard in charge of orientation. Barrel- chested and flat-topped, with memorabilia about his desk announcing connoisseurship of southwest Ohio's woodlands and their fauna, it was his job to drill in some harsh realities about prison life before setting me loose among the inmates. Impatient with the mountain of forms I had to initial -by which I promised that I would not bring contraband in or out, that I would not receive or give sexual favors to any of the inmates, nor (what appeared indistinguishable from sexual relations from the point of view of the rule-makers) would I develop any 'personal' relations with the inmates- impatient with all this, the guard quickly became fed up and, summarizing the real import of all the paperwork for me, barked: "No fucking, no sucking, that's it! Is that clear?"

While casual sex with prisoners is for obvious reasons a bad idea, this prohibition, and its emphasis, helped to drive home for me just how odd our current system of punishment is. Corporal punishment, it occurred to me, is only in some very narrow sense prohibited. For the body can be punished more subtly than by blows, and even Foucault, as a good materialist, would agree that there is simply no other way to get at the 'soul' than through the body and its five senses. Exposure, to take a limit case, involves no beating, but it does not allow the body what it needs: protection from the elements. Solitary confinement in a dark dungeon involves no beating, but it withholds light and contact and is most unhealthy.

I now see no reason to treat the relative confinement, for the most part not solitary, characteristic of the modern penal system as fundamentally of a different character than exposure to the elements or rotting in a dungeon. It is a difficult thing to distinguish between need and desire. Does the body in a dungeon need a bit of sunlight, or just crave it? How this question is answered might depend very much on whether it is the jailer or the prisoner who is asked. Evidently, the bodies of the prisoners at Warren weren't getting what they, the way they saw things, needed. How else to explain the tremendous effort to suppress any potential furtive blowjobs between that queer (in, at least, the old-fashioned sense) volunteer from out of town and our perpetually horny charges?

I dwell on this only because one could easily get the impression from such an orientation session that the primary mission of an American prison, whatever mission it may openly announce, is to keep its inmates from getting off as they would if left to their own devices. And it is worth asking why such a project continues. In my view, it continues because deprivation, or at least the kind that isn't immediately, clearly harmful to the body, is the only kind of corporal punishment still an option after the humanistic reforms of the early 20th century. You cannot starve a man, and you cannot beat him, but you can give him blueballs, and you can decide when he sits in darkness, and when he will be exposed to light. In the early 20th century this deprivation was, legitimately or not, conceived as part of a correctional program, a disciplinary regime, in Foucault's language. Now it is just deprivation, straining, it would seem, to return to overt brutality.

Justin E. H. Smith teaches philosophy at Concordia University in Montreal, Canada. He can be reached at: justismi@alcor.concordia.ca

 

Weekend Edition Features for January 10 / 11, 2004

Alexander Cockburn
Bush as Hitler? Let's Be Fair

Susan Davis
Dangerous Books

Diane Christian
On Lying and Colin Powell

Lisa Viscidi
Exhumations: Unearthing Guatemala's Macabre Past

Daniel Estulin
Destroying History in Iraq

Saul Landau
Homeland Anxiety

Elaine Cassel
Who's Winning the War on Civil Liberties?

Bruce Jackson
Making the Shit List

Christopher Brauchli
Baptizing Hitler's Ghost

Francis A. Boyle
The Deep Scars of War

Lee Ballinger
Cold Sweat: Sweatshops and the Music Industry

Patrick W. Gavin
Hillary's Slur: Mrs. Lott?

Ramzy Baroud
What Invaders Have in Common

Michael Schwartz
Inside the California Grocery Strike

Gary Johnson
An Interview with Former Heavyweight Champ Greg Page

Dave Zirin
An Interview with Marvin Miller on Unions and Baseball

Mark Hand
A Review of Resistance: My Life for Lebanon

Poets' Basement
Thomas, Daley, Curtis, Guthrie and Albert


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