"To me, this is the heart of the issue. The city threw out the test not because they thought it was biased, but because they were afraid to get sued. That's not only their practical justification, but their legal justification. That's weak. For me, the case doesn't have any kind of moral heft unless you establish whether the test is actually biased or not. The state didn't even bother to try to find out. They just screamed OH NOES and invalidated the results. In what way is that useful to anyone? I believe the SCOTUS issued new rules today about when it's approproate to take action because of a fear of lawsuits and when it's not. Perhaps that will be useful.
I know the case is tied in to much larger issues, but the more I read about it, the narrow and esoteric the thing seems. I can't get worked up about it one way or the other because all the decisions have been so narrow and the deep moral/philosophical questions seem quite far from what folks are mulling over on the bench. That said, Ginsburg's dissent is a tour-du-force. Taking it as a policy statement, I could not agree more."Monday, June 29, 2009
apologies
sullivan re: niebuhr and iran
Andrew Sullivan's blog at the Atlantic has been an interesting, though probably a bit too emotionally involved place to follow everything going on Iran. Today though, he posted a bit from his Sunday Times piece about Obama channeling Niehbur. Maybe still overdone (especially that last metaphor), and maybe not totally right on about Reinhold, but thought provoking nonetheless:
What now? That will depend on what transpires in Iran, how the regime responds to the collapse in its legitimacy, how its internal factions jostle and who ends up pulling the biggest strings. One school of thought among the Obamaites is that this episode could have so weakened Khamenei that he may be eager to make a deal with Obama to win back some support from the Mousavi voters. That might help in Afghanistan and Iraq, but not on the nuclear programme — which Mousavi backs as well.
Another, more realistic, school believes that Khamenei will harden his stance against the West even more, because he needs to shore up his base, and will construct a new external enemy to justify further repression. The problem here is that he no longer has Bush to demonise.
Yet another thinks this is a great time to play Syria against Iran and to use the common antipathy to Iran among Sunni Arab regimes and Israel to broker an Israeli-Palestinian settlement. And that, in turn, could undermine the anti-Zionist claptrap that operates as a kind of rhetorical Viagra for the ageing Khamenei cabal. Well, it’s a plan, I suppose. I wouldn’t get my hopes up.
The key to Obama’s approach, I suspect, is his respect for Reinhold Niebuhr, the great theologian and political theorist who appreciated the power of non-violence and community organisation — he was of the Gandhi and Martin Luther King generation. But Niebuhr also understood the necessity of using force and playing hardball in foreign relations in a fallen world. This “Christian realism” has rarely been as relevant as it is today — and it’s deep in Obama.
A strategy of total disengagement from Iran, isolation and war might be morally and rhetorically satisfying, as it was for George W Bush, but it might be less morally responsible to the people of Iran and the peace of the world than an unsavoury attempt to grapple with an evil regime with open eyes. Balancing these two imperatives — of always being open to peace and dialogue while always being girded against appeasement — is what Niebuhr teaches we cannot and must not avoid. It will mean a vulnerability on Obama’s part to being called weak or contradictory; but it may also be the only way to secure a practical peace.
Think of it in game theory, as the British blogger Marbury did last week. Obama is playing “Retaliator”. He starts out as a dove and waits to see the response. If the response is also a dove, he reciprocates and builds trust for mutual benefit. If the response is a sharp-clawed hawk, he becomes a hawk. But the dove’s posture is always there beneath and is established early for maximal advantage. What Obama wants to do now is what he tried to do in Cairo — to lever the people of Iran against their rulers. He won’t take the bait of easy conflict, but neither will he concede without a Khamenei concession. So the pressure builds on the Tehran regime from within and without. And Obama carefully and methodically bides his time.
Bush was playing draughts; Obama is playing chess. And it’s Khamenei’s move.
NIST
I write as the USA shocks the world. Nebyu just showed up. “I just came over to taunt Habib. I mean this is so beautiful, a week ago, we are nothing, now we are making an international appearance, a Confederation Cup championship. And we have a black president.” DUNGA!
So much for that.
ANYWAY
Last week we had our first Office of the General Counsel legal intern excursion, to the National Institute of Standards and Technology. The 45 minute van ride out to the 300 acre facility in Maryland was a welcome break, and the place itself is pretty fucking awesome. They do a lot of things there, including employing several Nobel Prize physicists and a couple of MacArthur Genius Grant recipients. They support US industry technological development and also do lots of their own science. They also set standards for weights, etc. For example you can buy a $400 dollar can of tuna from NIST, and that you can use to make sure your Tuna weighs the right amount. Amusingly enough NIST is never wrong… they are always right, by statute. Yes, our guide did make the joke. “Too bad that doesn’t work with my wife.” Rim Shot.
We got to go through a few labs, and the people that talked to us could hardly contain their excitement. Enthusiastic geeks with almost no constraints on access to time and equipment that could not stop talking about their research. The best one was the guy who is working on creating a quantum computer. Umh, a QUANTUM computer. We are standing there and he is explaining how they slow down particles using lasers and work towards creating a processor that doesnt work on a binary 0/1 system. And its going on right there in what looks like a microwave with tin-foil on it. In a building that is completely underground so that they can control vibration and temperature more exactly. It was also interesting to see that there are a couple hundred deer on the campus. I had a great conversation about their population control approach, but ill spare you the details. Other highlights included a VERY graphic x-Ray of some sort of prostate cancer treatment and glass door with a very intricate etching that said “TWEEZERS.”
Sunday, June 28, 2009
MASTER HOLD.
Saturday I went to a pool party with some kids I met on Tuesday night. It was an awesome day and a pretty sweet event, put on by a group equivalent to Jelly in NYC. Jelly, but also the sort of people who throw parties with crude acronyms like, C U Next Tuesday (deep house, 2 dollar red stripe). Similar crowd to the old McCarren parties, smaller scale, real pool, and DJs instead of bands. Maybe I wouldn't love it always, but its perfect for this summer, and these kids are truly hellbent on showing me that DC can be a good time, so I feel like I am not going to be bored.
Thursday, June 25, 2009
home.
Sunday, June 21, 2009
VASUDEVAN.
Wednesday, June 17, 2009
Lost Time.
I went to Philadelphia this past weekend. Visited Kate (she doesn't seem nervous!) and saw Richard Bishop on Friday night. Bishop was fine, but I really do love Johnny Brenda's as a venue. Also made the obligatory visit to the Mutter Museum and went by the Philadelphia Museum of Art, where I was reminded that I should have been obsessed with Thomas Eakins for a long time now. Apart from the diversity of mediums and tone, I learned the story of his painting "The Agnew Clinic:" Eakins was commissioned by a group of students to paint the distinguished surgeon, Dr. David Agnew, on the eve of his retirement from teaching. Most artists would have only painted Dr. Agnew, as the initial commission intended, but Eakins was much more ambitious. He depicts Dr. Agnew guiding the mastectomy of a young woman with breast cancer, and convinced the surgeon's students to pose for the work, including portraits of each of them as well. This is even cooler because apparently "he was a huge fucking asshole."
I also went on a twilight walking tour of historic Philadelphia. I can not recommend this enough not because it is beautiful and INCREDIBLE THINGS happened there (both true), but because you might get Linda as a tour guide. Linda was wearing an amazing rainbow striped blazer with even more incredible shoulder pads. Linebacker shoulder pads. The interaction between the pads and the leather straps of her backpack was stunning. Absolutely stunning. Even better, Linda assumed knowledge and supplied very little history. For example the punchline to a joke: "...and we all know how Jackson felt about the distribution of wealth!" What Linda did have a lot to say about was the National Parks Service and their preservation decisions. She has some sort of axe to grind. Made it completely worth waiting an extra hour for the steak.
Work continues to be great- still working on WTO litigation quite a bit, which continues to be engaging. Also working on a larger research project for a guy who was co-lead on 16 of the 42 BITS that the US is party to; this is note worthy because he is so knowledgeable, but also because I think it is going to be very easy for me to turn it into a piece of substantial writing. Also got to go to the last meeting deciding what the United States position was going to be at the upcoming TBT triennial in Geneva. I kept my mouth shut.
Have also been trying to take advantage of being in DC a bit more. As most of you know, all of the Smithsonian museums are free, and open til 7:00. As I get off work at 5:30, I have a decent chunk of time to investigate such things. I quite enjoy looking at art in a suit, as it turns out. I love the Hirschhorn, but the highlight this week was the National Portrait Gallery. They have two wonderful exhibits right now; one on 20th Century self portraits, and another on Duchamp portraits. Found out that I like Hayward Oubre, and also that MacArthur was not our only pear-shaped hero.
Hmmm.
“Excuse me, but do you live off of the Columbia Heights stop?”
“No”
“Oh, I thought I recognized you, but now I am realizing that you look like my friend.”
[Small, skeptical, smile]
“He looks like Prince.”
“Are you saying that I look like Prince?”
“You are cute like Prince, and your glasses look like Darren’s”
“Who is Darren?”
“My friend who looks like Prince”
“Oh, right.”
“He works a couple nights at Legal Seafood, said it was love at first sight. He asked me to marry him.”
“And you said no?”
“Well, I’m still thinking about it.”
“He does look like Prince, I suppose.”
“Mmmmm Hmmmmm”
“Have you ever met Prince?”
“I have seen him on the street, but ain’t never met him.”
“Where?”
“Off the Columbia Heights stop, that is where he lives.”
“Prince lives off the Columbia Heights stop?”
“No Darren does.”
“But you saw Prince there?”
“No I am trying to get him to come over though.”
[Around 1 minute of silence as the train pulls into the station, we board.]
“Maybe you could get him to come over and convert you?”
“Convert me? Prince is a Catholic, and so am I. No conversion necessary, I’ll keep him busy seven days a week. Put that extra effort in if you know what I mean. I don’t stop. [Wink]
[Swallow] “Umh. I’m pretty sure he’s a Jehovah’s Witness. He goes door to door now and then.”
[Shakes head] “I know that’s what they say, but it’s not true, he’s Catholic. And in any case if doesn’t matter because when God comes he will accept all religions in his arms.”
“I hope so, but why do you think Prince is Catholic?”
“I saw him at Church.”
“What church does he go to?”
“I don’t know, but I know that he does. I don’t know everyone says he is a Jehovah’s Witness.”
“That is certainly what I had heard.”
“Well it just not true. He’s Catholic. They also be saying that he is gay. I think its because he is so private.”
“I think it’s because of his pants.”
“Wrong. He doesn’t wear tight pants because he’s gay. He wear’s tight pants beause he has an amazing ass.”
[Door opens at U Street and I start to exit]
“Can’t disagree… pleasure to meet you miss.”
“You too honey, see you soon.”
She had a large scar, presumably from a knife, from the left corner of her mouth up toward her cheek bone.
Saturday, June 6, 2009
Seersucker and Fat Girls

One of the many wonderful things about my Aunt and Uncle is their practice of breakfasting together on pads in Habib's office. It is interminably pleasant. I had to work today, but got to sleep in til about noon. When I finally got up I found them there as always. Habib looked at me and said, "You are still asleep, and I am still drunk." Apparently he had a big night last night.
Thursday, June 4, 2009
Damn it All to Hell.
On my way to work every day I ride up an extremely long escalator, perhaps the longest I have ever been on. You emerge out into the open, and I quite enjoy it. Today there was a man at the top busking Jeff Buckley's "Hallelujah." Made me smile.
Another thing made me smile today. Also made me a trifle uneasy. I was waiting for an elevator outside the cafeteria for a some time, when the large-ish middle aged woman next to me decided to explain that some building owners put up mirrors in some skyscraper in New York City to make people's elevator waits more tolerable. According to this woman, New Yorkers are so vain that the mirrors distracted them from their boredom.
I held back my true feelings and politely explained to her that there is a particular train line in Tokyo where everyone goes if their plan is to toss themselves on the tracks to their death. The authorities put up mirrors along that line across from the platforms so people would think twice, I told her.
Blank stare.
"It worked quite well, actually," I finished.
As we exit the elevator she looks at me and says "I guess mirrors make a lot of things better."
"I guess so."
She smiles, "I can think of one thing in particular, but we can't talk about it because we are at work."
I quickly turned down hallway number six without looking back.
Tuesday, June 2, 2009
NATS WIN!!!
First, Nick Johnson’s at bat music. Mr. Johnson plays first base for the Nats and was a Yankee for a brief time. He is also rather homely. First time up, Kanye’s “Heartless.” Is Mr. Johnson telling us something about himself, or perhaps he was recently dissed? Second; “Sexy Back.” Hmmmm. This is intriguing because the Nats apparently allow their players more than one choice. I also applaud Mr. Johnson’s wry and highly developed sense of irony. The clear winner of the category, however, was Adam Dunn, who came out all five times to “In The Air Tonight.” Not only a great song, but also perfect for a big lug who either hits a dinger or strikes out.Second, it was entertaining to watch Screech, the team mascot, launch a T shirt into an entirely empty section so that two people from adjacent sections are forced to fight over it. Along the same vein, the Nats, like all 29 other Major League teams, have co-opted Milwaukee’s world famous sausage race. DC does it up right though, with live-action racers dressed in excellent presidential costumes. TJ really opened it up down the home stretch, narrowly edging early leader TR to everyone’s great delight.
Third, Friday night is “Black Heritage” night at the ballpark. This would not be of note, except that when the scoreboard advertised it used all 3 PC terms. Come to the park for black heritage night and see Negro League memorabilia AND African-American Art!.
Abrams and I are going tomorrow night to watch Randy Johnson win his 300th. I will have more to say after that- including work nick name updates and a new feature I am particularly excited about: “Mark’s Portrait of His Personal Nat’s Dance Cam Winner.”