Culture

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Snowpiercer: Bong Joon-Ho’s Jab at the God of the Machine


(The cats are away at Netroots Nation, leaving the meese to play. — Rayne)

A number of film critics have written that Snowpiercer — director Bong Joon-Ho’s adaptation of the French dystopic graphic novel, Le Transperceneige — is a cinematic allegory of climate change (the new “cli-fi“). Others will call it an allegory of class warfare. The film released in the U.S. on 27 June, reaching only 374 theaters across the country. Thankfully it went to video-on-demand last Friday as it entered its third week in theaters.

The highly limited and unusual method of release belies the film’s stunning appearance, its stellar cast, its punchy delivery. It’s all of these things and more: gritty, raw, gruesome, action-filled and emotion-tugging. Chris Evans was a surprise, offering restrained yet emotionally exposed work as flawed and resistant Curtis — a far cry from his recent stints as Captain America. Tilda Swinton is her funky finest, and Octavia Spencer is a powerful mother tigress. Korean actors Kang-ho Song and Ah-sung Ko fit perfectly, as do John Hurt and Jamie Bell. Effects are purposeful and not excessive, camera work highly effective, the score clings to the action like a skin.

Snowpiercer is believed to have been dissed on distribution because Bong Joon-Ho insisted on his own cut, resisting Harvey Weinstein’s demands that 20 minutes be excised. Given how closely the story reflects Dante’s Inferno, it’s difficult to see how any cuts affecting up to and through any of its gates would allow the movie to work as it does. (Really, Harvey, which of the circles of hell could we do without? Did you consult with Satan?)

But another reason for the short shrift on distribution may be the film’s unacknowledged allegory: the engine of production continues at all costs.

This is not the message of class warfare which Le Transperceneige’s two books more closely spell out. This is the ugly truth of our current global economy and the descent it makes into a catastrophic climate hell ahead.

The creators of the train ensuring your existence insist you stay where you are, even if you perceive yourself to be at the head of the train. You will be punished if you step out of your assigned place in the works. Resistance is terrorism, and must be eliminated to retain the careful balance necessary to assure production’s continuity. You have no privacy, no rights, no value save for your usefulness to the god of the machine.

This film jabs at the global economy’s bloated belly, wherein gross domestic product is worshipped, and energy’s demands obeyed at the expense of free will and a survivable planet. Bong Joon-Ho’s message is far more subtle and important than that of conflict between labor and capital. It’s certainly more unsettling to the domestic distribution system which desires a sure, non-threatening blockbuster to continue their offering of profit to the god of productivity.

Spoiler (look away now, I’ll put this after the jump): Continue reading

Chihuly In The Desert

Screen Shot 2014-07-16 at 9.03.26 AMLast January, I went to a late afternoon through night wedding at the Desert Botanical Garden here in Phoenix. The first couple of hours there were normal visitors in the park, the rest of the time, especially later at night, we had the place pretty much to ourselves. It was spectacular.

The scene was especially notable because it was in the middle of the stay of a Chihuly exhibit at the Garden. If you are not familiar with Dale Chihuly’s artistic glass designs, it is really something to behold. Read about Chihuly and his work at the link, it is an interesting story.

At any rate, I was chatting with Professor Nancy Leong the other day after she tweeted a picture from a Denver display of Chihuly. I actually think it may be the same installation that had previously been here. Nancy asked me to blog some of my pictures, especially the nighttime ones, which are very cool.

Marcy and I are both enroute to Netroots in Detroit, with Jim White, Masaccio and Gaius Publius all slightly behind us, but also well on their way. Use this as a general discussion trash talk thread, and we will all be checking in, but it may be a little sporadic for the next few days.

All photos will enlarge if you click on them, and a few of them are really worth doing it.

So, without further adieu, Chihuly in the desert:

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1st Amendment and Other Concerns On Appeal of Redskins Decision

JusticePicThere has been a lot of commotion over Wednesday’s decision by the US Trademark Trial and Appeal Board to cancel several trademark registrations of the Washington Redskins originally recognized back in the 1960′s by the United States Patent and Trademark Office (PTO). The full decision is here. It is quite long, detailed, and, at least facially, pretty compelling in its finding that the trademarks are “disparaging to Native Americans”.

Before I go further, let me say that I agree with those who think Daniel Snyder and the Washington Professional Football Franchise should change their name. It may not be the most pressing issue in our society, but it is something for which the time has come. Josh Marshall posted his thoughts on this subject at Talking Points Memo, and I think he put it all in excellent perspective and I agree with his conclusions.

The simple fact is we shouldn’t be using whole peoples as mascots for sports teams. Whether or not Indians in America today find it offensive is almost beside the point. The fact that most do is just an extra reason to do away with the practice.

With all I’ve said, there’s a part of me who feels like, ‘We really can’t have the Cleveland Indians anymore?’ It feels like a loss – part of the landscape of American sports I’m attached to. But it’s time.

Well said and, again, I agree. Josh’s entire piece is not long and is worth a read.

That said, and as much as I would like to see the name changed, I have trepidation about the government forcing the issue through agency decisions on what is proper speech, and what is not.

Tradenames and trademarks are, by their nature, really public speech and, thus, at least where they interact with the government, should be entitled to First Amendment protection. Now First Amendment protection is never absolute, but it is presumptively extremely broad. Likewise, First Amendment protections are against governmental action restricting free speech, not necessarily against private persons or entities. If I refuse to listen to you or to print what you have to say, that would be censorship, but it is not First Amendment action. If I am the government and censor you, then that is a different matter and there is a First Amendment issue.

So, here, the TTAB has taken it upon itself to restrict, at least in some regards, the free expression of the Redskins, via refusal to extend the same protection offered other “acceptable” speech and they do so by obvious decree of a governmental entity. Now the TTAB decision made out a VERY thorough and facially compelling case for Continue reading

Did Northwestern Unionizing Just Cause Real NCAA Reform? No, Not At All

Well, the likely answer is no, but the ground is certainly finally shifting underneath the NCAA to such an extent that they are worried. The step of trotting authoritarian boob Mark Emmert out on for a series of television appearances sure didn’t work.

But, yesterday, somewhat quietly, the NCAA announced a proposed restructuring of its root governance model:

The board endorsed the restructuring process, which is aimed at allowing the division to be more nimble, streamlined and responsive to needs – particularly the needs of student-athletes – during its meeting Thursday in Indianapolis. The Steering Committee on Governance, made up of university presidents, drafted the restructuring plan.

Under the proposal, the division would still be led by a Board of Directors composed primarily of university presidents. However, new voices would be added: the chair of the Division I Student-Athlete Advisory Committee; the chair of a new group tentatively called the Council; and the most senior Division I member of the Faculty Athletics Representatives Association’s executive committee. The council chair would always be an athletics director, giving that constituency an automatic spot on the board.

The Board would focus chiefly on oversight and strategic issues, while leaving much of the day-to-day policy and legislative responsibility to the council.

The council, composed of at least 60 percent athletics directors, would have 38 members: one from each conference plus two voting student-athletes and four commissioners (one from the five highest profile Football Bowl Subdivision conferences, one from the remaining FBS conferences, one from the Football Championship Subdivision conferences and one from the remaining conferences). The council would be the final voice on shared-governance rule-making decisions.

The steering committee suggests creating three bodies that would assist the council in its work and comprise the “working level” of Division I: an academics-focused group, a championships-focused group and a legislative group. Council members would determine implementation details, including what other groups are needed, how the groups will be populated and reporting lines. The steering committee also emphasized the need for a nomination process that is competency-based and diverse.

In order to allow the five highest-resource conferences (the Atlantic Coast Conference, Big 12 Conference, Big Ten Conference, Pac-12 Conference and Southeastern Conference) to address their unique challenges, the model would grant them autonomy to make rules on specific matters affecting the interests of student-athletes.

Sounds all nice and glossy, no? Not so much though upon closer inspection.

First off, it appears timed to be a direct attempt to deflate the unionizing vote at Northwestern today. Emmert and the NCAA just can’t help but be oppressive jerks can they?

Secondly, it enshrines into the root NCAA governance that the major football and basketball conferences are all that really matters and the rest of the universities and colleges in the NCAA are second tier and unimportant. As the AP stated in their report:

If approved later this year, schools in the ACC, Big Ten, Big 12, Pac-12 and SEC could implement some rules on their own and would get more voting power over legislation that would affect every NCAA member school.

Sadly, that looks exactly right under the restructuring plan. Now, there is some value in giving a bit of autonomy to the super conferences, but not to where they can exercise their greed to the detriment of all the rest of the smaller conferences and member institutions.

Notably, while the NCAA proposal has taken care of the NCAA’s own institutional power, and cravenly concentrated more of it in the big money conferences, notably absent are attendant concrete proposals that actually aid the student athletes, provide for their well being and insure their existence in the face of injury.

As further evidence of the NCAA’s continuing malevolence, at the same meeting in which the restructuring proposal was approved, the NCAA also voted to screw the athletes just a little more by restricting their ability to transfer. The exact provision is to eliminate hardship waivers that permit athletes having a just cause for needing to transfer to another school the ability to be immediately eligible and, instead, just gives them an extra year of eligibility. In short, the NCAA just decided that instead of helping such athletes, they would screw them by stringing them out.

In other related news, the National Labor Relations Board announced also announced Thursday that they would grant the request/appeal lodged by Northwestern University challenging the previous regional decision to permit the players’ attempt to unionize. From the NLRB official announcement:

The National Labor Relations Board has granted Northwestern University’s Request for Review of the Regional Director’s March 26, 2014 decision in 13-RC-121359. The Regional Director found the University’s grant-in-aid scholarship football players are employees under the National Labor Relations Act. The election will take place on April 25, 2014 but the ballots will be impounded until the Board issues a decision affirming, modifying or reversing the Regional Director’s decision.

The Board intends to issue a subsequent notice establishing a schedule for the filing of briefs on review and inviting amicus briefs, to afford the parties and interested amici the opportunity to address issues raised in this case.

It is not totally clear, but it strikes me that should the Northwestern players vote to not unionize, the NLRB matter may be technically moot and die of its own weight.

However, what is clear is that should the players vote to form a union, their secret vote won’t be know and/or certified anytime soon, and will play out over months, if not years.

So, in short, status quo for the corrupt NCAA.

Obama White House Sponsors Young and Rich Narcissistic 1% Fucktards That Will Ruin the World

Proving it is never too late to shine your lame duck ass for a new generation of 1% oligarchs, Barack Obama laid open the real constituency of national politicians. And proved certain any inference that such was only the constituency and province of the GOP, Koch Brothers et. al is false.

If this is not stupid and ugly to the common Democratic fanchild, it is hard to imagine what is, or could be. From the New York Times hagiography:

On a crisp morning in late March, an elite group of 100 young philanthropists and heirs to billionaire family fortunes filed into a cozy auditorium at the White House.

Their name tags read like a catalog of the country’s wealthiest and most influential clans: Rockefeller, Pritzker, Marriott. They were there for a discreet, invitation-only summit hosted by the Obama administration to find common ground between the public sector and the so-called next-generation philanthropists, many of whom stand to inherit billions in private wealth.

“Moon shots!” one administration official said, kicking off the day on an inspirational note to embrace the White House as a partner and catalyst for putting their personal idealism into practice.

“Moon shots!”

I guess the Obama White House couldn’t fathom a better phrase for coming in their pants over big money.

If there is a more sick comment on the perverted state of US national politics, it is hard to imagine what it would be.

We are ruled by a bunch of oligarchs, and political handmaidens that kiss the oligarch’s asses and hew their beck and call. If the fact the great once and forever symbol of the common citizen “hope and change”, Barack Obama, is such a distant leader, constantly beholden to not only the future of the moneyed class, but the current too, then there is no reality for the American public.

The well-heeled group seemed receptive. “I think it’s fantastic,” said Patrick Gage, a 19-year-old heir to the multibillion-dollar Carlson hotel and hospitality fortune. “I’ve never seen anything like this before.” Mr. Gage, physically boyish with naturally swooping Bieber bangs, wore a conservative pinstripe suit and a white oxford shirt. His family’s Carlson company, which owns Radisson hotels, Country Inns and Suites, T.G.I. Friday’s and other brands, is an industry leader in enforcing measures to combat trafficking and involuntary prostitution.

Oh my. And holy crap.

The New York Times penned a factual report of this sick instance. Will the New York Times, Washington Post, Wall Street Journal, or any of the other august opinion pages of national press, deign themselves honest enough to write opinion and/or editorial pieces recognizing this political cancer for what it really is?

If you did not view the video, and listen to the lyrics in the video above, do so. Because that is exactly the class of “super citizens” your elected leaders are beholden to. The handful of billionaires count for far more than the actual billions of people on this earth.

Want proof? Look no further than the “liberal”, “socialist”, “Democratic” Obama White House, who just demonstrated the problem in Technicolor.

And, before you chafe, of course it would be even worse with Republicans in charge. But the question is no longer just which party is in control of the levers of power (though it DOES matter for SCOTUS), but where the values of the country really are.

It is almost impossible to fathom the country’s values are with the pimple faced, Bieber banged, teenager scions of billionaires the Obama White House so calmly and cooly glad-hands.

[Seriously, watch the video from the one, the only, fantastic Tubes:

Young and rich
Everything I desire
Light bulbs with shades
in every room
And work is play--believe me
Nothing must come too hard
It comes in the mail
most everyday

Maybe our leaders should find a more representative, and morally balanced, set of leaders for the future.]

Jan Brewer’s Veto of SB-1062, Timing and Best Interests of Arizona

Grand Canyon SunriseYes, I framed the title of this article as if Governor Brewer has already vetoed the discriminatory piece of legislation known as SB-1062. Because it is a done deal and, frankly, has been from the start. I am thankful for all the support that national people, and regular citizens and groups from all over the country, have given to the veto effort, it has been extremely helpful in giving Brewer cover for the veto to come.

But it was coming anyway, and that was the case from the moment the bill was passed out of the state legislature late in the day last Thursday, February 20.

Indeed, as I write this, MSNBC has Joy Reid on the air babbling about “WHAT HAS TAKEN BREWER SO LONG!”. But that is symbolic of the hyperventilating demagoguery that has also been part of this discussion. The simple fact of the matter is that the bill was not even transmitted to the Governor’s office until Monday the 24th and Brewer did not return from her trip to Washington with other governors until late Tuesday the 25th. So, despite the hue and cry, the first real opportunity for Brewer to formally enter her veto is today. So, what is “taking so long”, at least until today, is not really a mystery in the least.

Now, let’s talk about why the veto was a foregone conclusion if you really understand Arizona politics. First off, let me start by saying that the often popular characterization of Jan Brewer as a raging ideological shrew is not particularly accurate on the whole. In fact, my take on her going back to the 1980s, when she was a somewhat amusingly unfiltered voice in the state house of Representatives, is that she is personally a decent lady, albeit one of a conservative bent. She is, however, an aggressively pragmatic politician, which factors into the following reasons she was going to veto SB-1062 from the get go.

Here are several of the critical reasons why:

1) Brewer took some hard lumps, and rightfully so, in the matter of SB 1070, the 2010 immigration enforcement law that was discriminatory in animus, and saw up close and personal what wrath could be generated by business and the national public on an issue like this. And, by the way, it should be noted that SB-1062 does not just provide enhanced sanction of discrimination against the LGBT community, but potentially a whole spectrum of other groups. These groups matter, and Brewer knows it.

2) Brewer has, for pretty much the entirety of her career been shepherded and advised by a close group of advisors, with the most primary one being Chuck Coughlin. There are others of current significance, including Grant Woods and Matthew Benson. Any move Brewer makes has involved advice from her inner circle and she listens to them. And she should, they have taken her way further than ever was imaginable when she started off in the legislature. What is one defining focus among all these critical advisors, but, again, notably Coughlin? The Arizona business community. Always. And the advisors, too, remember the 1070 strife and have seen the trend and movement in the country and courts on LGBT rights. Coughlin et. al are the definition of conservative, but they are not stupid.

3) The Arizona business community was hoping they never had to get to this point, but once SB-1062 was passed, there was simply no question but that they would lobby hard against signature by the Governor. It was far from just me who realized this, so too did one of the best local political reporters, Brahm Resnik. So too did long time Republican PR and political specialist Barrett Marson:

Just a few hours after passage of #SB1062, can there be any doubt that @GovBrewer will veto it? Biz groups en masse coming out against.

And boy have they. As a native here, it has actually been pretty refreshing to see big business step up on this one as they have. The Arizona Chamber of Commerce, Phoenix Chamber of Commerce, Southern Arizona Leadership Council, Intel, Apple, JPMorgan Chase, GoDaddy Group, Delta Air Lines, American Airlines, Marriott Hotels, all major newspapers and a plethora of others started stepping up almost immediately on passage

There are other reasons, including the nearly across the spectrum outcry of major Arizona politicians, including both US senators, and even several of the state legislators who originally voted for the pernicious SB-1062. But my original analysis, along with many here in the Copper State, was that veto was inevitable because of the business interest.

Once the issue of “if” there will be a veto was out of the way, the real question became “when”. As described above, the timing of the veto did not even start until presentment to the Governor’s office Monday, and, really, last night when Jan Brewer returned to Phoenix. But now it is time. The damage and unnecessary humiliation from the whackadoodle legislature is already significant. Governor Brewer IS going to veto this thing, and she should do herself, and the state, a serious favor and do so immediately. I started agitating for this before Brewer even returned from Washington DC.

The point was also made this morning by a prominent Democrat in the state senate, Anna Tovar:

Well, we are very optimistic she will veto the bill, but again, every second she doesn’t veto the bill is a black mark on the state of Arizona. We’ve asked the governor as of yesterday to swiftly veto this bill when she arrived yesterday, the second she got off the plane.

Arizona is in the headlines for all the wrong reasons, we want to focus on the priorities of our state.

That is a fact. Republicans are saying it, Democrats are saying it, the business community is saying it, I am saying it. Brewer has until late Saturday night to issue the veto before SB-1062 becomes law. It is widely expected she will do it, at a minimum, before Friday night’s Arizona Chamber of Commerce dinner honoring her, and that is almost certainly correct. But Friday afternoon is not soon enough. Not at all.

It is absolutely in the best interests of both the state of Arizona and Jan Brewer to issue her veto of SB-1062 immediately.

Do it now. Do not wait one more painful and damaging second.

Super Bowl Sex Trafficking Trash Talk 2014

Now that the super exciting Pro Bowl is over (shoot that thing and put us all out of its worthless misery), we are down to just one last football game. But it is a good one, with the top ranked team in each conference representing, and the best offense versus the best defense. And all that jazz.

And, really, what else is there to say about the game at this point? It has been the fascination of sports, general and entertainment media for two weeks of hype now. I could take you through the normal rundown on the teams, but why? My one real take is that the game boils down not to Denver’s offense or Seattle’s defense, but rather to Denver’s defense. Peyton and the Broncos will score some points no matter how well they are defended. The same cannot necessarily be said about the Seahawks. So, if the Broncos defense plays big, Denver wins. If not, they don’t.

Can’t wait to find out; will be one hell of an exciting game to watch. If you can’t wait and want a simulation, this Breaking Madden piece is pretty great.

So, let’s talk for a bit about the game itself in terms of what it means and does for the host city. Does hosting a Super Bowl mean as much to a city as is commonly claimed?

Here is a report on the effects of 2008 Super Bowl XLII on the greater Phoenix area by the Arizona State University WP Carey School of Business. The results claim:

Super Bowl festivities generated a record $500.6 million in direct and indirect spending by visiting fans and organizations, according to the newly released Super Bowl impact study produced by the W. P. Carey MBA Sports Business program.

The gross impact of a half billion dollars in the Arizona marketplace brings rejuvenation to an economy that has been weakened by a recession.

The ripple effect of return visits, family and company relocations, and word-of-mouth marketing nationally could equal or exceed the record Super Bowl spending in years to come.

That is in line with many of the claims that are commonly pitched for Super Bowls, but is that right?

Well, maybe not. There are a lot of demands on a host city, and they really add up. One of the best journalists out there writing on the intersection of sports and society is Travis Waldron, and he reported this on the eve of last year’s Super Bowl in New Orleans:

Those estimates, though, are likely fool’s gold, according to an assortment of academic research into the actual economic impact of Super Bowls and other major sporting events. When professors Victor Matheson and Robert Baade studied the economic impact of Super Bowls from 1973 to 1997, they found that the games boosted city economies by about $30 million, “roughly one-tenth the figures touted by the NFL” and an even smaller fraction of what New Orleans officials predict. A later Baade and Matheson study found that the economic impact of a Super Bowl is “on average one-quarter or less the magnitude of the most recent NFL estimates.”

Similarly, a 1999 paper from professor Philip Porter found that the Super Bowl had virtually no effect on a city’s economy. Research on other events New Orleans has hosted, including the men’s Final Four, is similar. When Baade and Matheson studied Final Fours, they found that the events tend “not to translate into any measurable benefits to the host cities.”

There are multiple reasons the estimates are often overstated. Impact estimates usually take into account how much money will be spent in the city during an event like the Super Bowl without examining how much potential spending will be lost because people don’t visit or leave the city to avoid the crowd — that is, the impact studies account for gross spending, but not net spending. And the estimates rarely include the additional cost of putting on the event, further distorting the disparity between gross and net spending figures.

Frankly, I find the Williams College study undergirding Travis’ argument far more persuasive than the happy face one put out here by ASU that is cited above. Still, even if the net impact is “only” 150-200 million dollars, that is a good thing for a city’s economy. And I don’t know what people going to the Super Bowl in cold weather place like New Jersey/New York are going to come away Continue reading

Glass Shattered: California Supreme Court Denies Stephen Glass Law License

The decision is in, and the California Supreme Court has made their decision to refuse to grant Stephen Glass a law license in the State of California.

We conclude that on this record he has not sustained his heavy burden of demonstrating rehabilitation and fitness for the practice of law.

The full opinion is here.

Ironically, the California Bar’s initial hearing officer, the entity that actually deals with line level lawyers and their practice on a day to day basis in California, found Glass had demonstrated reform and good character so as to be fit for practice. The The State Bar Court Review Department independently reviewed the record and agreed with the initial finding of character fitness for practice. Instead, it was the more insulated elitists in the Bar Committee, and ultimately in the California Supreme Court, who thought otherwise.

Glass’s conduct as a journalist exhibited moral turpitude sustained over an extended period. As the Review Department dissent emphasized, he engaged in “fraud of staggering‟ proportions” and he “use[d] . . . his exceptional writing skills to publicly and falsely malign people and organizations for actions they did not do and faults they did not have.” As the dissent further commented, for two years he “engaged in a multi-layered, complex, and harmful course of public dishonesty.” Glass’s journalistic dishonesty was not a single lapse of judgment, which we have sometimes excused, but involved significant deceit sustained unremittingly for a period of years. (See Hall v. Committee of Bar Examiners (1979) 25 Cal.3d 730, 742 [applications may be rejected in cases of “numerous fraudulent acts” and “false statements”].) Glass’s deceit also was motivated by professional ambition, betrayed a vicious, mean spirit and a complete lack of compassion for others, along with arrogance and prejudice against various ethnic groups. In all these respects, his misconduct bore directly on his character in matters that are critical to the practice of law.

and

Glass’s misconduct was also reprehensible because it took place while he was pursuing a law degree and license to practice law, when the importance of honesty should have gained new meaning and significance for him.

Moreover, Glass’s lack of integrity and forthrightness continued beyond the time he was engaged in journalism. Once he was exposed, Glass‟s response was to protect himself, not to freely and fully admit and catalogue all of his fabrications. He never fully cooperated with his employers to clarify the record, failed to carefully review the editorials they published to describe the fabrications to their readership, made misrepresentations to The New Republic regarding some of his work during the period he purported to be cooperating with that magazine, and indeed some of his fabrications did not come to light until the California State Bar proceedings. He refused to speak to his editor at George magazine when the latter called to ask for help in identifying fabrications in the articles Glass wrote for that magazine.

The decision goes on to hammer Glass about as hard as could be imagined in every aspect of his prior conduct, rehabilitation and application for bar membership. The decision is every bit as venomous and scathing as the oral argument was (further discussed below).

Back in August of last year, I wrote about the attempt of failed, story inventing journalist Stephen Glass’ attempt to gain his license to practice law in the State of California. I drew a comparison between the beyond commendable success Shon Hopwood has found in gaining an exclusive Continue reading

9th Circuit Extends Equal Protection (and Batson) to Sexual Identity

In yet another win for equality, and equal protection, on issues involving sexual orientation and identity, the Ninth Circuit has issued an important opinion holding Batson v. Kentucky protections apply to sexual orientation issues in jury selection.

The case is Smithkline Beecham Corp, dba GSK v. Abbott Laboroatories, and the decision is here.

This case evolved out of a licensing dispute between two pharmaceutical makers of HIV medications. GSK contended Abbott violated antitrust laws, dealt in bad faith and otherwise engaged in unfair trade practices by licensing to GSK the authority to market an Abbott HIV drug in conjunction with one of its own and then increasing the price of the Abbott drug fourfold, so as to drive business to Abbott’s own combination drug.

Judge Steve Reinhardt set the table:

During jury selection, Abbott used its first peremptory strike against the only self-identified gay member of the venire. GSK challenged the strike under Batson v. Kentucky, 476 U.S. 79 (1986), arguing that it was impermissibly made on the basis of sexual orientation. The district judge denied the challenge.

This appeal’s central question is whether equal protection prohibits discrimination based on sexual orientation in jury selection. We must first decide whether classifications based on sexual orientation are subject to a standard higher than rational basis review. We hold that such classifications are subject to heightened scrutiny. We also hold that equal protection prohibits peremptory strikes based on sexual orientation and remand for a new trial.

The fact the court unanimously found that heightened scrutiny applies is critical. Finding heightened scrutiny controlling on sexual preference issues has been the holy grail for a long time, and exactly what the Supreme Court ducked in Windsor (mostly) and Perry (completely through avoidance).

The Batson challenge was effectively uncontroverted materially by Abbot, and the court found exactly that. The far more important discussion, however, comes in the analysis of whether the violation by Abbott violated the Equal Protection Clause. This is a necessary question because, while the Supreme Court in J.E.B. v. Alabama extended Batson protections to gender, and Continue reading

“Righteous:” Noah’s Ark’s Funding Woes

131204 Creation DinosaurThe Noah’s Ark Amusement Park plan may collapse by February because of funding woes.

A Kentucky theme park to be built around a full-scale replica of Noah’s Ark may sink unless investors purchase about $29 million in unrated municipal bonds by Feb. 6.

The northern Kentucky city of Williamstown in December issued taxable debt for affiliates of Answers in Genesis, a Christian nonprofit, data compiled by Bloomberg show.

Even though $26.5 million of securities have been sold, the project needs to sell at least $55 million in total to avoid triggering a redemption of all the bonds, Ken Ham, the nonprofit’s president, said in an e-mail to supporters yesterday. Without the proceeds, construction funding will fall short, he said.

“We still need those Ark supporters who weren’t able to purchase the Ark bonds at closing to prayerfully consider participating in a secondary bond delivery at the level they had indicated to us,” Ham said. “Will you please step out in faith with us?”

Proceeds are intended to help build a 510-foot (155.4-meter, or 300 cubit) wooden ship, the centerpiece of a planned biblical theme park called Ark Encounter.

I find the possibility that Noah’s Ark may go unfunded remarkable, given one of my favorite details from the affiliated Creation Museum.

As the picture above shows, the Creation people believe the dinosaurs marched onto the Ark along with all the other 2-by-2s. Somehow, that helps them prove the dinosaurs were killed in the Flood rather than killed off by natural selection or a meteor or climate change.*

But once you’ve got dinosaurs (and giraffes) on the Ark, you create another problem: the Ark must be veryvery big. I forget how big they said it was, but it was veryvery big (510 feet? That wouldn’t fit dinosaurs!).

131204 Creation Workers 1

And that creates another problem.

How did Noah and his family build such a veryvery big Ark by themselves?

One exhibit provides some possible answers, but doesn’t claim to know. God gave advance warning to Noah, you see, so maybe he and his sons really did build such a veryvery big Ark by themselves.

With ingenuity and very thorough planning, it is conceivable that Noah and his family could have built the ark without any help.

The exhibit went to the trouble of inventing another possible solution, complete with mannequins depicting it: labor.

On the other hand, his family did not have to build the ark alone. After centuries of righteous living, Noah may have been wealthy enough to hire shipbuilders. Paid workers may have been his audience, while Noah, a “preacher of righteousness,” warned them of the coming judgment. [my emphasis]

The Creation people didn’t consider another likely solution, if Noah had help, which is that he had slaves. Perhaps they didn’t consider it because it would conflict with another explanation the Museum offers, that only a distorted view of the Bible would justify slavery (implying too that the many societies that enslaved in the name of Christianity have nothing to do with the nice Creation people).

But even if Noah actually paid his workers, it seems, he would have been the kind of boss who lets his employees slave over building a veryvery big Ark for months and years, but then leaves them to die in a massive Flood right after they’ve built it.

You know? A “righteous” employer.

The other thing we learn from this exhibit, of course, is that righteous people get the money they need to build their Arks.


*No, I don’t understand how the Flood killed off the dinosaurs if they got on the Ark, as depicted in one of the dioramas at the museum prepping for the Ark Park. If they got on the Ark, wouldn’t they still be running around? Maybe Noah’s family ate them?

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bmaz @ColMorrisDavis @Krhawkins5 I think they are willing to make noise, but never have the guts to pull the trigger or go full Mike Gravel.
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bmaz @ColMorrisDavis @Krhawkins5 Not impossible, but remember all the noise Wyden+Udall made re NSA and, yet, never really did anything big.
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bmaz @ColMorrisDavis @MarkUdall @RonWyden This is bullshit; it is not happening. SSCI won't go for it+trigger won't get pulled.
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bmaz RT @lisang: Oh my god. This is where all the int'l media have their offices. MT @iFalasteen: Journalist building is burning now. http://t.c…
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JimWhiteGNV RT @GregMitch: @jaketapper Jake, why not try "U.S. jets meant for defense of Israel now export death to Gaza"?
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JimWhiteGNV RT @onekade: Israel pummels Gaza with bombs and meanwhile @jaketapper defends his trash hasbara piece on tunnels. What a disgusting display.
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JimWhiteGNV RT @onekade: Israel is deliberating targeting civilians with bombs that we US taxpayers purchased. Detroit needs water, but we pay for slau…
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emptywheel @sarahjeong Um. Maybe @xor is trying to trick you into unfollowing mid-Bar. That would not be good.
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emptywheel @sarahjeong Still, nothing you can't kick the shit out of.
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emptywheel @sarahjeong Wait. You can't bring your multidecals into a test for 3 days? Nutty.
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emptywheel This time tomorrow (or thereabouts) @sarahjeong will have nothing left to do before she can sue your ass but practice trolling--good luck!
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JimWhiteGNV RT @RaysBaseball: Lead: acquired. @jamesloney_7 puts #RaysUp 2-1 on @Brewers with a bases-loaded single! Stretches his streak to 17 games r…
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