Is it Intrinsically Noble to stand between the Reviled and society?

No.

BUT, that doesn't make a defense attorney's job any less noble.

Let's be clear here, we're not talking about people charged with something he didn't do; representing that person is clearly noble. We're not talking about someone overcharged or in danger of being over-punished; representing that person is noble. Nor are we talking about representing the immature, the mentally ill, a person who steals to eat. It is clear that standing between society and these people is intrinsically noble.

What we're talking about here is a Reviled One. Picture the most deservedly hated person you can think of. This is the person we're talking about (someone like the BTK killer, a 9/11 terrorist, the guy who ambushed and killed the four officers yesterday). He is a member of the small group of deservedly reviled and there is nothing intrinsically honorable or or noble in protecting him from society.

And yet, the defense attorney who takes that job and does the absolute best he can in defense of that person is noble.

Why?

(1) Because these cases are the ones which pose the greatest danger to society. If there isn't someone out there fighting tooth and nail for Reviled One these cases will inevitably end up with losses of rights and protections. These are the cases wherein everyone is going to cut corners, ignore rights, and crush protections in order to get to vengeance as quickly as possible. Someone has to stand in front of that bulldozer and frustrate its destruction of the rights and protections of all on the way to destroy the Reviled One.

(2) Because there is no way that society can be just if the Reviled One doesn't have the ability to access, understand, and properly avail himself of all the societal protections. A defendant cannot really represent himself well in court. Even if he is bright, he isn't experienced. Legal research is fairly arcane and even if he has access to a decent law library in the jail (unlikely) he is almost assuredly going to miss important things. He doesn't know written court rules. He definitely doesn't know the unwritten rules of practice, which vary depending on State, region, courthouse, and judge. Without an attorney even the brightest, most capable person is not going to receive a fair trial. By giving Reviled One all the access to laws, rules, procedures, and protections he should have the defense attorney provides an honorable and noble service.

Defense attorneys do serve justice. One could even say that they "seek justice" just as much as any prosecutor does. And I now say it. Defense attorneys seek justice. It's not the straight forward justice that prosecutors enjoy. It's a more esoteric form. Defense attorneys advocate for short term injustice and in the process they assure societal justice in the longer term. That's either seeking justice or having it occur as an unintended, collateral consequence. Forgive me if I'm a bit of an idealist, but I choose to believe that defense attorneys are seeking overall justice, not just providing it by accident.
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Tell me again about the "public trust"

Artnet reports that a Nov. 24 sale at Christie's "included a group of 15 Isfahan carpets from the collection of the Corcoran Gallery of Art, which received them in a 1925 bequest from Montana senator William Andrews Clark .... No word from the museum at press time regarding the sale, but this particular deaccession seems to have prompted few protests, if any."

Remember: "once an object falls under the aegis of a museum, it is held in the public trust, to be accessible to present and future generations."

"They have focused much more on the overseas market, and particularly the American market, since about 2000"

The Wall Street Journal: "Iconic cultural institutions like the Tate, the Mariinsky and the Louvre all have set up American or international 'friends groups' in the last decade, in part to cash in on donations coming from the U.S. and to allow American supporters to take advantage of domestic tax write-offs."

Some previous thoughts on these "friends" groups here.

Need a Job? Go See Brian Patton

I was messing around with my LinkedIn page and listening to the UK/Tenn. game when I tripped over the ad for Russell County Commonwealth Attorney's Office hiring a new Assistant Commonwealth Attorney.

Admittedly, I don't know much about Russell County It's SE of the county I work in), but I've met Brian Patton (the Commonwealth Attorney getting sworn in to the left) and he seems to be a good guy. If you like living near the mountains and are looking for an interesting opportunity (and have a Virginia Bar card) you might consider looking into it.

The Blind Side

5 second review: Feel good film, but not deep.

30 second review: Homeless black teenager gets into a private school because he's athletic and is adopted by a rich white family which finds him wandering the street after school.

In depth: This is based upon a true story, but you get the feeling it was loosely based (See RD version & NYTimes). Once upon a time this would have been an after school special and now it's the kind of fare you'd expect to find on Lifetime. The only thing which raises it above this level is the performances of the actors and Sandra Bullock. The story would have been much edgier, and probably better, if it had been presented from the black kid's point of view. Instead it switches back and forth between a 3d party point of view to the white mother's.

The first part of the movie shows how Michael Oher gets into a private, Christian school almost by accident. The only reason he even gets to the school is because he is spending nights at the house of a family whose father promised his mother that he would send her grandson into a Christian school. Oher is just brought along and it's made pretty clear that he gets in, despite not being even slightly academically qualified, because he is extremely large and athletically gifted.

Then we are shown how Oher is living on the street, even as he goes to this rich, private school. It's not exactly subtle. We see him gathering popcorn after a basketball game to eat and washing his single extra t-shirt in a 24 hour laundromat (and sneaking his shirt in with someone else's dryer). We also see that one teacher taking interest in him and discovering that he's not dumb, he's just never been taught.

Next we see the mother of the Tuohy family taking him in and the family, pushed by mama, rallying around him and pushing him forward so that he can play football and develop learning skills in order to raise his grades and allow him to go to college on a football scholarship. There are scenes in here which deal with issues such as trusting someone from the poor side of town to live in your house, worrying about that the relationship between Michael and Collins (the Tuohy's daughter of approximately the same age), and Mrs. Tuohy dealing with friends who can't understand how she can have a black kid living at her house. However, all of these are fairly short; there's no in depth treatment of any of them.

Finally, there's a conflict at the end when the NCAA basically accuses the Tuohy's of taking Michael in just so they could channel him toward their beloved alma mater Ole Miss. There's no doubt that they pushed him in that direction, and it starts some trouble and soul searching. Nevertheless, in the end everybody is happy and all is happy as we are treated to the touching scene of the Tuohy's dropping Michael Oher off at Ole Miss.

The movie glosses over some things (such as "the great Mormon grade grab" - blame the NYT for that characterization, not me), and switches others around (Mrs. Tuohy didn't come out of the stands to help Michael learn to play, she came out to help the coaches when Michael wouldn't let them look at an injury), but it generally seems to be true to what Michael Lewis wrote in his article and book about Oher. There are two things which stand out as different. First, Mr. Tuohy is downplayed in the movie. He plays a role, but it seems less vital than that reflected in the writing. Second, Michael Oher is basically treated as though he is dumb (cannot speak). The articles seem to indicate that he was reluctant to speak about things that were embarrassing or painful, but that he was talkative at other times - particularly in his senior year. I don't know who chose to make Michael Oher have the personality of a quiet 2 yer old, but I suspect he is doing Oher a disservice.

I'm not sure that this movie makes it onto the screen if it had been about a rich white family taking in a homeless white kid from the trailer park or an affluent black family taking in a black kid and channeling him to Morehouse. Let's face it, we all know the hook is that this is a "we can all get along", kumbaya film. As such it does a good job. It could have avoided a lot of the criticisms and complaints which will be made abut it if it had been about people all with the same skin color, but then it wouldn't be true. (or at least as true as Hollywood ever gets).

Best line: Who knew we'd have a black son before we had a Democrat for a friend?

"To think that a majority of people voted to part with a Tiffany window is a miracle"

The Boston Globe had a story yesterday entitled "Putting its mission before its treasure." It's about a financially-struggling Vermont church that has decided to sell its "prized asset," a Tiffany window depicting St. John the Divine:

"The church considered selling its pews; it had an appraiser value its bell. It also has three other stained-glass windows that church records say are Tiffany designs but which are not signed and are difficult to authenticate. The St. John window with its Tiffany Studios insignia was by far the most valuable and seemed the logical choice."

My question to the Deaccession Police is: is this okay? Isn't the window held in the "public trust"? What about the pews and the bell? The church receives the same tax benefits that, according to the anti-deaccessionists, cause works owned by museums to be held in the public trust (and therefore prevent their sale). Isn't this going to cause other churches across the country to start selling off their stained-glass windows just to feed the homeless?

What gives the First Baptist Church of Brattleboro the right to sell off assets in order to serve its larger mission but prevents the National Academy of Art, or Brandeis University, from doing the same thing?

How exactly do works of art come to be held in the public trust? What is the mechanism? If it's not the tax benefits, what is it?

"Couple charged with trying to sell fake Warhols"

Story here.

Greg Allen says this is "officially the best Fake Warhol In Utah story since the artist sent an impostor to deliver a lecture at the University of Utah in 1968."

Christie's Suit

Courthouse News Service: "An Indian art dealer says it paid Christie's more than $800,000 for 29 pieces of art, which the auction house failed to deliver and now is threatening to sell to someone else."

More from The Art Market Monitor, including a statement from Christie's ("Christie’s finds this complaint completely meritless. We have been seeking to recover a significant debt from an Osian-related party for more than one year") and a link to the complaint.

"Charges Dropped Against Nude Met Model"

Details here. Background here.

"I’m not sure that many people realize the collection will be reinstalled in galleries of the same size, the same shape, the same relationship ...

... and in exactly the same way it is hung in Merion." That's Barnes Foundation executive director and president Derek Gilman, in this Art & Auction piece by Judd Tully.

No Longer Looking Around

Richard Lacayo, on of my favorite art bloggers, is calling it quits.

Art and Money

A new paper from Goetzmann, Renneboog & Spaenjers. From the abstract:



"This paper investigates the impact of equity markets and top incomes on art prices. ... [W]e demonstrate that ... equity market returns have a significant impact on the price level in the art market. Over a shorter time frame, we also find empirical evidence that an increase in income inequality may lead to higher prices for art .... Finally, the results of Johansen cointegration tests strongly suggest the existence of a long-term relation between top incomes and art prices."

Anatomy of a Righteous Shoot

I'm visiting with my folks in Cincinnati when the morning programs are interrupted and the chief of police and mayor come on to do a press release about a shooting which had occurred the day before. This guy has misdemeanor warrants and decided that he was going to grab his pistol, run and shoot it out.

This is an abridged version (after an advertisement).

One interesting thing is that immediately after the shooting the officer in the camera puts his pistol on the ground. I'm not sure why he did that. He did not know he was on camera (the second video is from the store, not a police vehicle).

Schrock and Roll (UPDATED)

Clarida and Bernstein on the recent Schrock decision (mentioned earlier here):

"[T]he cases appeared to diverge as to three fundamental questions: (1) Is a photograph of a copyrighted work a derivative work at all? (the 'Definition Question'); (2) Must such a derivative work exhibit a higher level of originality in order to qualify for copyright protection? (the 'Originality Question'); (3) Must the creator of such a derivative work obtain separate specific permission to register his or her copyright, over and above the permission required to create the derivative work? (the 'Permission Question').

"The Seventh Circuit explicitly declines to answer the first of these questions in its Schrock reversal, but by clearly answering 'no' to the other two, the new ruling greatly reduces the significance of the Definition Question. If a derivative work need not meet a higher originality threshold and need not obtain separate permission to register, it really should not matter very much, in most cases, whether the photo at issue is deemed a derivative work of its copyrighted subject or not."

UPDATE: More from the folks at the Harvard Journal of Law & Technology.

Lawyers Needed in London (Kentucky that is)

As part of my vacation I've been running around getting pictures of some of the local courthouses in Kentucky. Most of them I got on my way North (before it started raining). However, I was driving back to Virginia this morning I stopped in London, Kentucky to get gas. I figured the local courthouse wasn't too far away and thought I could spare a half hour or so to go grab some pictures.

I asked the lady at the counter of the stop and steal where the local courthouse was and she called the delivery guy over to give me directions. After I get directions they're both standing there pointedly not asking me why I need to know. The conversation then proceeded like this:

Me: Don't worry. I'm not trouble. I'm an attorney from Virginia and I'm taking pictures of courthouses while I'm on vacation.

Lady: You know, we need more good lawyers here in London.

Me: I know Virginia law. Kentucky law, not so much.

Lady: You need to learn some and move down here.

Unfortunately, I think I'm going to have to disappoint the lady. No reciprocity and an abiding desire not to take another Bar examine ever again are almost insurmountable obstacles.

"Visual artists are conflicted as to where they stand in relation to copyright laws"

Sergio Muñoz Sarmiento: What Do Artists Want?

"An amazing story on many levels"

Judith Dobrzynski on the most stolen work of art in recorded history.

Vistaprint

I'm an avid user of Vistaprint. I used it to get free business cards in law school. You can read that post here. Now I use it to make address labels, invitations, calendars, and even holiday cards. Right now you can Save 25-50% off on custom printed products at VistaPrint.

It's an early Christmas gift! Enjoy :) Maybe you can design your address labels or holiday cards when you're not studying or looking for a job... better yet, design awesome and professional address labels to put on all those job applications!

"The jury ... took less than 40 minutes, including lunch"

The Houston Chronicle: "A jury Monday disappointed the daughter of philanthropist and oilman Alfred Glassell Jr. by ruling that he was neither incapacitated nor unduly influenced when he gave the bulk of his half-billion dollar estate to charity [including the Museum of Fine Arts, Houston] and not to her."

Earlier post here.

"It seems likely most … consignors whose possessions were sold but who have yet to receive payment … are going to come out ... empty-handed"

The Toronto Globe and Mail on the bankruptcy of Toronto-based Ritchies Auctioneers.

Another Museum Embezzlement

The Delaware News Journal: "A former Winterthur Museum employee voluntarily turned himself into Delaware State Police ... after a theft investigation revealed he had spent more than $100,000 of the museum's money."

"What makes this theft any different from a typical 'smash and grab' job?"

Art Theft Central's Mark Durney has more on last week's Munch theft in Oslo.

Ordinary Injustice

Book rating scale:

5: Touched by God - a work which makes Shakespeare look infantile
4: Amazing - Instantly began rereading it and quoting it to friends
3: Worth Every Penny - a solid, interesting read, inspiring some thought and discussion with people who share similar interests
2: I Paid For It So I Finished Reading It - Some interesting parts but if I lose the book I'm not buying another copy
1: Couldn't Force My Way Thru and Burnt the Book in order to send it to the Hell it deserves

I rate this book a 3. It's worth a read for those involved in the criminal justice system.

This review of Ordinary Injustice is coming later than most. I think this is partly due to being asked to review it later than others. However, a greater part is my reaction to the book made it difficult for me to write the review.

The theme of the book is that injustice becomes part of the system not so much from a desire to do evil, but from improper acts by various actors which are not checked by other actors in the system. It's a theme which I agree with. She implies that it is a pervasive state throughout criminal justice systems in the US. This I also agree with. Every jurisdiction has something which could be fixed. By the examples she chooses, she further implies that the flaws are universally cataclysmic. This I don't agree with. It's been my experience that seriously flawed systems are usually endemic, not pandemic. As we are people, not God, none of us has ever succeeded in making a perfect justice system, but there are a few that come close, a great number in the gray area and those few which are so badly out of kilter that they stick out like sore thumbs. To be fair, there may be more terribly bad systems than amazingly good ones; still, the vast majority are going to be in the gray area where the flaws aren't shockingly obvious. In fact, if she wanted to make a strong case this is where it should have been made.

In the gray is where "ordinary injustice" would occur. An examination of similar jurisdictions wherein one consistently has sentences of three months more than the other for the same crimes would have shed more light on this. Is the prosecution in one jurisdiction pushing for higher sentences? Is the prosecution in another not pushing at all? Has the judge succumbed to political pressure from local merchants to impose higher sentences in theft cases? Has the judge succumbed to pressure not to put too many people in jail because the local jail only has 20 beds and the locality will have to pay to incarcerate any more in another locality's jail? Are the local defense attorneys just taking part in an assembly line so that they can get paid? Are the young turks over at the PD office putting principle over their clients' interests so that they end up getting larger sentences than they should? Various factors can cause a local jurisdiction to develop in a certain manner until "that's the way we've always done it here" becomes the reason things are still done that way. Of course, the problem with pursuing this is that it would take years of sociological research, tons of data, be very hard to pin down (because of so many possible causes), and - in the end - probably be about as exciting to read about as a discussion on variations in the mass production of bread.

Thus, we get Amy Bach's book, which is largely a discussion of cases of extraordinary injustices. She gives us four different examples from around the country: badly flawed indigent defense in a Georgia county; a judge removed from office in New York; a county in Mississippi wherein she believes not enough people are being prosecuted; and a Chicago case which she believes shows over exuberant prosecution. The Georgia and Mississippi cases are the strongest in her book, but they are also clearly aberrations. They aren't "ordinary." The Georgia case is based upon the lowest-bidder contract defender system which is probably the absolutely worst way to set up an indigent defense system. She makes the defender the focal point of her examination, making him the bad guy of the piece. The system was an assembly line wreck with plenty of blame to go around, primarily to the county leaders who didn't hire an adequate number of defenders or pay the defender enough to have sufficient support staff, but the defender's the bad guy. As you can tell, I wasn't too impressed with this. I also found Ms. Bach's astonishment that this attorney, once transplanted into a well-run office used the resources he was given and did a good job, a little disturbing. He knew what a boon the resources he had gained were and finally having them he used them.

Her strongest case, and most extraordinary, was the Mississippi non-prosecutions. I must admit to some surprise that this was included. It's not a usual part of the meta-narrative in these kinds of books. About the only thing more surprising would have been a section on over aggressive defense attorneys causing their clients to spend more time incarcerated because they were too caught up in the fight. In this case, the story is that a large number of charges aren't even being taken to the grand jury and therefore aren't being prosecuted. The prosecutor gives some reasons for this and his investigator seems to bear a good deal of the fault, but it's obvious that something is very wrong in that county. However, it's nearly impossible to shoehorn this into the "ordinary" category. Sure, there are jurisdictions where the LEO's grumble a little and there are always citizens who are upset because a prosecutor's office declines to prosecute certain cases, but it's not often the norm (if for no other reason than that most places could vote the bum out).

We also get a story in which a New York judges is removed from his bench because he failed to tell some defendant's of their right to an attorney and he placed people in a position of having to plead guilty or being held with a bond too high to make until their trial date. Now, it's always hard to get a good picture of what's going on with a judge because few people who practice law in his courtroom are going to say things publicly which might get them in trouble with the judge if he's not dethroned. Still, the case as presented wasn't different than what might be seen in any court. A defendant who "doesn't remember" anything, including his lengthy record, at arraignment gets a high bond. People choose whether to plead to time served (or less) in order to get out of jail prior to the date that all the witnesses could be brought to court for the trial. The one thing that was happening was that the judge was not giving everyone an attorney. I don't recall a statistic telling us the number of these cases over a certain period of time, but even in one case it would be clearly wrong. Still, with the case as presented (who knows what was actually going on and being said behind the scene), it looked like something where the judge should have gotten a warning and some training - probably even had another judge observe his court for a period of time - not something where the judge should have been removed. I think the problem here was that the demanded an open hearing and that he was being too honest about the way things actually work; as one of the people interviewed pointed out, this appears to be the reason he was actually removed. This was Ms. Bach's strongest case for "ordinary" injustice. A judge, apparently with a pro-defense reputation, sitting in his courtroom and on occasion sacrificing justice for efficiency.

The last case, the Chicago murder. I shan't go too far into this one except to say that, as I read through it, I realized that it was all spin. It was obviously a hard fought case and her assertion that it shows overzealous prosecution could have been spun exactly 180 degrees and argued that this is a case which shows how lengthy, almost never ending appellate processes can lead to muddling of the evidence enough to allow a man found guilty to go free without an actual showing of non-guilt. It can be argued either way and doesn't help her meta-argument.

In the end, I think Ms. Bach has made a good try in her first book. I think she would have been better served to have concentrated on one of the stories and written an entire book on it. Each story cried out for further exploration rather than being crammed into the argument of this book. As well, I was bothered by the amount of credence she seemed to give people whose self interest was to make the primary person in each section look bad. Maybe this is just the cynicism hammered into me after 10 years of practicing criminal law. In the end it's an average book which those interested in this area should find interesting, even if they disagree with it.

"The moralizing is a bit much"

Jerry Saltz on the New Museum in this week's New York magazine.

More from Saltz here.

Related post here.

A Couple of Deaccessioning Notes

Via The Deaccessioning Blog. First, it seems Assemblyman Brodsky (of the Brodsky Bill) recently came and talked to the Art Law Society at Cardozo Law School. You can read an account of the visit here. The Deaccessioning Blog's take: "Reading Brodsky's thoughts gives one hope that he's finally realizing the economic severity faced by museums and art institutions, and if the Brodsky bill restricts the use of funds acquired through deaccessioning to only the purchase of new works, museums will face dire financial situations which will force them to lay-off staff in droves, not to mention lower the academic and aesthetic design and implementation of their planned exhibitions."

Second, there is this quote, from a Time magazine report on some deaccessioning at University College London: "To be sure, not everything in a museum's collection is worth keeping, let alone putting on display."

More Munch Thievery

From the AP: "Thieves stole a valuable artwork by Edvard Munch from an Oslo art dealer in the latest of a string of art heists targeting work by the famous Norwegian expressionist, police said Friday. One or more thieves stole [the lithograph] from Nyborgs Kunst in downtown Oslo after smashing one of the dealership's windows with a rock."

"For the latecomers, an outline of the high points thus far"

Artnet News summarizes the New Museum "brouhaha" to date.

Against the "purity police" (UPDATED)

Terrific post by Regina Hackett on the New Museum controversy:

"Purity police chief Tyler Green would prefer that we not see this show. I don't know Dakis Joannou and am not likely to be invited to his house. I do know about his collection and am grateful it will be on view to the public.

"About those ethical problems: I have them with museums featuring trustee collections only when the collections are mediocre. ... Joannou's collection is remarkable. I want to see it and don't care whose board he's on.

"The hip bone's connected to the thigh bone. O, the horror. Trustees know collectors who know artists who know dealers who know museum curators. ...

"There is no rule against museums devoting shows to the work of a single collector. If there were, that rule would be made to be broken. Yes, the rich and powerful are involved in museums. Those for whom this information is a shock and an outrage are too pure (and rigid) to live in the world."

And more from The Art Market Monitor here.

UPDATE: Paddy Johnson has "the sinking feeling this story is turning into a New York Museum Director witch hunt": "I can’t help but feel that the ultimate goal of constructive criticism is getting lost when there are bloggers seeking out scandal we’re not even sure exists." And in the comments, Peter Zimmerman adds: "I don’t see the weight of the ethical charge that Tyler Green is championing. I understand that there are complications with the insider-ness– and yes, that really should have been and should be addressed. Even so, it’s as if Green is acting like a warrior on a vendetta against the NY institution, and I’m not sure where it’s coming from. I just hope that the sensationalism of some of the writing about this subject tones down. And yeah, I’m excited for the show. I’ve wanted to see this collection for years, so in terms of serving a public, NuMu got that one right!"

"Then what might have seemed like whining turned serious"

Jerry Saltz on the controversy surrounding the New Museum's upcoming show of Dakis Joannou's "fabled," incredible" (Saltz's words) collection.

The Art Market Monitor comments here.

Non-profit lawprof Susan Gary says "in my view, the benefits of this show outweigh the conflicts. It sounds like these works of art ... will be of great interest to lovers of modern art." She adds:

"As I read the [New York Times] article, I wondered where the conflict was. Giving the public a chance to view works of art held in a private collection seems like a good idea to me. However, as someone who does not collect art, I had not realized that a museum showing of a private collection will increase the value of those pieces of art. The value of a museum show is of particular importance for modern art, because a show indicates that the pieces are considered 'museum worthy.' So Mr. Joannou's collection will likely increase in value as the result of the show. There is no indication that he plans to sell any of the art anytime soon, but if he does sell some pieces at some point, he may benefit financially from the show."

Or not. As Saltz says, "it is a joke ... to think that Joannou’s collection will increase in value after being shown here. If anything, using three floors of the New Museum will overexpose the art and decrease its value." Put another way, there isn't any doubt that this collection is already "museum worthy."

"A San Francisco artist who was chosen by city officials to paint a mural on Market Street was stabbed last weekend ... while working on the job"

San Francisco Examiner story here.

"Has such a large portion of any other artist's catalogue been stolen or looted?"

Mark Durney looks at Vermeer's art theft track record.

New Lawyers for Fairey

Report from the New York Times here. According to Sergio Muñoz Sarmiento, in granting the request Judge Hellerstein said he had "never seen anything like this" and described Fairey’s conduct as a "serious transgression" -- but added that (like a lot of people) he wants "this case to be decided on the merits."

"What's Wrong With Charitable Giving"

Pablo Eisenberg attempts an answer in the Wall Street Journal. The Nonprofit Law Prof Blog adds some thoughts.

Longtime readers my remember Eisenberg for his argument that the tax deduction for fractional gifts of art should be abolished.

1% Motorcycle Clubs: Under and Alone

Book rating scale:

5: Touched by God - a work which makes Shakespeare look infantile
4: Amazing - Instantly began rereading it and quoting it to friends
3: Worth Every Penny - a solid, interesting read, inspiring some thought and discussion with people who share similar interests
2: I Paid For It So I Finished Reading It - Some interesting parts but if I lose the book I'm not buying another copy
1: Couldn't Force My Way Thru and Burnt the Book in order to send it to the Hell it deserves

I rate this book a 3.6. It's solid, interesting, and informative.

Once upon a time the Mongols MC was became big and violent enough that the federal government decided something had to be done. That something, or rather someone, was William Queen. His job was to infiltrate the Mongols and help bring them down from the inside.

Under and Alone: The True Story of the Undercover Agent Who Infiltrated America's Most Violent Outlaw Motorcycle Gang, is another book which I listened to via audiobook. It's an anecdotal / informative book which has as its main draw entrée into a world which few of us will ever see, the life of a 1% gang.

It's interesting to see how well the gang is actually run and held together. For instance, we are told it has a constitution and that in the late 90's the entire MC decided that they weren't going to beat “Prospects” (new members) anymore and that the rule was mainly followed (except by the one member who was supposed to enforce it throughout the various chapters of the club).

Queen makes contact and enters the gang through the San Fernando chapter. He rises up, becoming a prospect, a fully patched member, and finally an officer. Along the way, we get a feeling for the brotherhood which the members share, the danger they are to anyone who crosses them, their conflicts with Hells Angels, and the constant drug use. I'm not sure if the chapter Queen was in was an average chapter. The book makes it seem to be barely holding together with motorcycles that were falling apart and members not having the werewithall to do much besides hang out. It taxes there very fiber to make the cross country trips required by the mother chapter. In fact, I found myself wondering more than once whether the reason that Queen rose as far as he did in the three years he was under was because he was the only one who had his stuff together. In fact, we're lucky that Queen's on our side because if he had embraced the club entirely he might have led them to do a lot more damage then they were able.

It was an interesting listen. I recommend it to anyone interested in this genre as well as anyone who wants a primer on how 1% gangs work.

Contract Work For Attorneys

Recently, I was talking to some law students who will be graduating next spring about their job search. They expressed concerns regarding finding a job upon graduation, studying and passing the bar, and paying back student loans. I was thinking back to when I graduated law school (which wasn't that long ago) with those some concerns. My boyfriend at the time (now husband) was also looking for the job. He ended up doing some temporary legal work with a company called Hire Counsel. It pays decently, but the work isn't terribly interesting. I know its not the best solution, but it did offer my husband with something substantive to do while looking for a full time position. We have friend who live in DC where there are many more opportunities for contact work for attorneys and if you can speak a second language, it might help you secure a position. Be prepared for boring tasks, long hours, but plenty of dough. (not big firm dough, but enough to live off of anyway) To apply for this kind of work, you have to pass the bar in your state.

Contract work is a good temporary solution, but some worry that if they do it for too long, they'll be unmarketable for other legal positions. Check out this blog post from lateralattorney report.com related to the subject. So if you're ultimate goal is to do anything but contract work for a living, keep pushing out those resumes and go ahead and put that contract work on your resume and highlight skills that your potential employer would benefit from.

I guess some attorneys do contract work to make a living. Check out this ABA article.

P.S. My husband now has a full-time job, no more contract work for him :)

You Get the Murder Gene from Your Mother

But apparently it requires you to be a male and environmental activation as a youth:

Gang Leader for a Day: A Rogue Sociologist Takes to the Streets

Book rating scale:

5: Touched by God - a work which makes Shakespeare look infantile
4: Amazing - Instantly began rereading it and quoting it to friends
3: Worth Every Penny - a solid, interesting read, inspiring some thought and discussion with people who share similar interests
2: I Paid For It So I Finished Reading It - Some interesting parts but if I lose the book I'm not buying another copy
1: Couldn't Force My Way Thru and Burnt the Book in order to send it to the Hell it deserves

I rate this book a 3.7. It's a fascinating look at how those whom we see in court day after day actually live their lives.

I first heard of Sudhir Venkatesh when I was watching a TED video about Freakonomics and the speaker told how Sudhir, as a brand new sociology grad student and someone entirely ignorant of how things worked in the Chicago projects, walked into the middle of a project high rise, got abducted by a gang, and then spent the rest of his grad school career exploring the connections he built through that abduction.

Gang Leader for a Day tells us the rest of the story and it is fascinating. I listened to it as an audio book, but I suspect it's just as good as a read. It starts with a rather naive middle class kid who didn't know any better than to walk into the middle of the projects. From there, we go with Sudhir as he gets hooked up with the gang; his exploration of the gang is the largest portion of the book. From there, he works outward to explore the rest of the people living in the high rise the gang ends up at (the first building gets torn down early in the book). We meet the lady who runs the building, controlling who gets resources from the corrupt city workers and charging her own form of taxes from those running off the book businesses in the building. We meet the men and women running their own off the book businesses ranging from mechanical work to a lady running a store out of her own apartment. We even get a glimpse at how all this interacts between different buildings and gangs. Then, just as we get a fair understanding, we get to see it all come apart as Chicago decides that the high rise projects are a disaster and tears them all down, throwing everything into chaos.

It is fascinating to see how things interweave from the perspective of someone who spends so much trying to figure out how it all relates together. Particularly interesting is Sudhir's description of the businesslike manner in which a drug dealing gang operates. He gets a good view of how things work by hooking up with the gang's version of a mid-level manager who is a college grad and a trouble shooter for the gang leaders. He does everything from enforce drug quality standards to negotiating cease fires with other gangs. In the end, one gang member even gives Sudhir the books for the gang.

Those of us who work in criminal law probably have a better view of how the poorer segments of society than most. Still, it's interesting to see how the whole enviroment interacts. Of course, this is a snapshot of how things were at a particular time and place. I realize that it's different from how things are elsewhere (after all locally we deal with trailer parks, not high rise projects), but that doesn't detract a bit from the fascinating picture Mr. Venkatesh paints.

"Seung's blind reliance on Dinaburg's alleged statements of the painting's value is not reasonable as a matter of law"

I've been meaning to mention the recent NY state court decision dismissing a claim by a collector who bought a Julian Schnabel painting for $380,000 from a dealer who allegedly said it was worth "at least $500,000" when its true market value "was no more than $110,000." (Among other things, it had sold "months earlier" at Philips for $156,000 (against an estimate of $60-80,000).)

The decision proceeded on basic caveat emptor grounds. "A party is not justified in relying on any alleged misrepresentations if the facts were not peculiarly within the other party's knowledge and the party had the means to discover the truth by the exercise of ordinary intelligence." "Seung does not allege that she made any effort to ascertain the value of the painting prior to its sale." "Seung alleges nothing more than a relationship of art buyer and art seller, which does not rise to the level of a special realtionship [required for a negligent misrepresentation claim]." "Seung could not have reasonably relied on statements regarding the painting's value when she made no effort to independently ascertain its value."

Greg Allen comments: "if Seung's case is meaningful, it's only as a reminder to collectors to do their own damn homework; the NY Supreme Court determined that art advisors and even dealers are not 'experts,' and their opinions are just sales patter which constitutes, at best, 'non-actionable 'puffery'...on which a sophisticated commercial entity could not reasonably rely."

"People disagree vigorously over whether a photo of a copyrighted work is a derivative work. The court refused to resolve the issue"

Rebecca Tushnet: "Seventh Circuit rejects Gracen, tries again."

The decision is here. For background, see here.

"There is no logical connection between Sotheby's failure to disclose a security interest and any actual or potential injury to … Minor"

Though it comes in the fairly narrow context of a motion for leave to amend his counterclaims, there is some language in a recent decision in the lawsuit that would seem to be pretty devastating to Halsey Minor's overall case against Sotheby's. First, the court rejected the idea that the alleged non-disclosure could have injured Minor in any way:

"Minor does not allege that ... the paintings were auctioned at an inflated price because of the failure to disclose the security interest. To the contrary, because the paintings were sold [to him] at auction, Minor set the price for the paintings. . . . As explained above, the allegations in the proposed counterclaim do not support an inference of any connection between Sotheby's conduct and any actual or potential damage to … Minor… [B]ecause Minor pleads no facts to support an inference that Sotheby's security interest affected the value of the paintings, he fails to identify how Sotheby's failure to disclose this interest was material."

The court also rejected the notion that Sotheby's had fiduciary duties to Minor in connection with the sale:

"In arms length commercial transactions, 'no relation of confidence or trust sufficient to find the existence of a fiduciary relationship will arise absent extraordinary circumstances'" (quoting DeBlasion v. Merrill Lynch & Co., Inc., 2009 WL 2242605).

I believe Sotheby's own motion for summary judgment is still pending.

More Minor legal news here.

Art Theft by Country

Judith Dobrzynski breaks it down.

More on Moore

Rebecca Tushnet has a good summary of the district court decision (mentioned earlier here) in favor of Daniel Moore in his lawsuit with the University of Alabama. She says "the Tiger Woods case is so on point that quoting big chunks of it got the court basically where it needed to go."

Meanwhile, the Tuscaloosa News says "UA needs to walk away from Moore lawsuit."

8-0 Alabama hosts No. 9 LSU this weekend.

"How can cultural heritage institutions legally use the Internet to improve public access to the rich collections they hold?"

I've linked on a number of occasions to Peter Hirtle's thoughtful commentary on the Brodsky bill and related issues. Peter's now co-authored a new book entitled Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, and Museums, which I'm sure is well worth checking out. Read more about it (and download a PDF copy if you want) here.

"School, sculptor in battle over art"

From the Detroit Free Press: "A renowned sculptor and Holocaust survivor who spent the last 37 years as artist-in-residence at Orchard Lake St. Mary's prep school is engaged in a bitter feud with school officials over who owns more than $2 million in artwork at the campus. Marian Owczarski, 76, said in a lawsuit filed Oct. 29 in Oakland County Circuit Court that many of the 1,800 pieces of sculpture, paintings, metalwork and stained glass on display at the campus' Galeria are from his private collection."

Moore to Come

In my initial post on the University of Alabama's lawsuit against sports artist Daniel Moore, I said: "I make Moore a two-touchdown favorite to win." Well, three years (and several judges) later, Moore has won at the district court level. In granting his motion for summary judgment, however, the court made it very clear that "this court is a way station on the route to appellate court(s)" and said it would certify its rulings for immediate appeal under Rule 54(b).

Mo(o)re from the Tuscaloosa News here.

Deaccessioning Quote of the Day

From Crispin Sartwell (reacting to this piece by Peter Brooks in the NYRB):

"for example, the metropolitan museum says that it possesses 5 million objects. now how many of these are on display? 20,000? so in what sense is the work 'viewable'? it's like - correction: it is - a massive bunker of art, a miser with a stashed hoard of useless gold. the point isn't to display the art; it's to segregate it or insulate it, to assert its priceless uniqueness by, um, burying it forever etc."

"We can all be fooled, and this man fooled me"

"The FBI is investigating allegations that William Toye, 78, and his wife Beryl Ann, 68, have been selling forged paintings to unsuspecting art collectors and dealers since the 1970s."

The investigation concerns the work of outsider artist Clementine Hunter.

"Heiress fights dad's bequest to the arts"

From the UPI: "The daughter of a late Texas oil pioneer claims lawyers coerced her father into cutting her share of his estate and convinced him to give it to charity instead. Curry Glassell ... claims in a lawsuit her father, Transcontinental Gas Pipe Line Corp. founder Alfred C. Glassell -- who died at age 95 in 2008 -- was sick and possibly demented when he changed his will at age 87 to give more to Houston arts. She alleges lawyers for the Museum of Fine Arts, Houston, pushed him to make the change."

More from the Houston Chronicle here.

Latest from the Art Loss Register

Here.

Fairey's New Lawyers

Shepard Fairey has a new legal team in place for his lawsuit with the AP. (The change was occasioned by this.)

Oerheard in the Hall

Defendant: I want to have a plea agreement and probation.

Lawyer: That's not what the Commonwealth is offering. They're offering 6 years and 2 months with 6 years suspended. That's two months in jail.

Defendant: But I want a plea agreement with probation.

Lawyer: Look, you can plead straight guilty and get sentenced by the judge. You can plead not guilty and have a trial by judge or jury. Or, you can take the Commonwealth's offered plea agreement. 2 months.

Defendant: I'll plead guilty if I get a probation plea agreement.

Lawyer: That's not what the Commonwealth is offering.

Defendant: But it's only stealing and I ain't got anything else on my record.

Lawyer: It's 8 different charges of grand larceny on 8 different days. They're not going to offer you probation.

Defendant: But, . . .