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Conviction

Presumed Guilty

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A few weeks ago, I posted a "Nightline" segment featuring an interview with John Jackson, the prosecutor in the death penalty case of Cameron Todd Willingham. Willingham, who was almost certainly innocent, was nonetheless found guilty and executed by the state of Texas in 2004. The basis for the conviction was evidence given by arson investigators that was subsequently shown to be entirely unscientific.

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The Restless Medium

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Why Photography Matters as Art as Never Before

By Michael Fried (Yale University Press, 409 pp., $55)

I.

Michael Fried,who shot to intellectual stardom in 1967 with an essay in Artforum called "Art and Objecthood," is an intimidating writer. He looks very closely. He has passionate feelings about what he sees. And he shapes his impressions into a theory that fits snugly with all the other theories he has ever had. Whatever his chosen subject--Diderot, Courbet, Manet, Kenneth Noland--he comes up with an interpretation that is as smoothly and tightly constructed as a stainless-steel box. His writing amounts to a set of matching stainless-steel boxes. He puts potential critics on notice that the best they can hope to do is leave a few fingerprints or scratches on these perfectly polished surfaces. And so many people back away. Fried wants us to feel that we could as easily demolish the Great Pyramid of Giza with a pick-axe as successfully question his interpretations of his chosen themes--which now include the art of the camera, in his new book, Why Photography Matters as Art as Never Before. This is Fried's first extended foray into photography, and although it was a subject of discussion in academic circles even before it appeared, it has not received the more general attention that it deserves. Fried brings audacious arguments to old controversies about the relationship between art and photography. I find the arguments troubling, even wrongheaded, but only a man with a bold, wide-ranging, and fearless mind could have dreamed such stuff up.

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Making the Right Enemies

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From a Richmond Times-Dispatch article on the controversy over a local strip club owner's decision to hang one of those Obama-as-the-joker banners on the side of his building:

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Polanski's Defenders, Cont'd

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Unsurprisingly, the cinematic community has come out in strong support of Roman Polanski, typically invoking--like the French culture minister before them--his status as a great artist as if it granted him some form of legal immunity.

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Pungent Pundit of Pugnacity

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William Safire, pungent pundit of pugnacity, impish impresario of impudence, limpid lookout for lexicography, knew his p.r. Just shy of his 30th birthday, in 1959, he gave a huge boost to one of his clients, the Florida manufacturer of a model home on exhibit at a Moscow trade fair, when he contrived to usher Richard Nixon and Nikita Khrushchev into the kitchen showroom. There, Nixon memorably confronted Khrushchev with the question: "Would it not be better to compete in the relative merit of washing machines than in the strength of rockets?"

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Trouble in Beantown

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A month-old labor dispute in Boston has taken a curious twist. It began when on August 31, a hundred housekeepers at three Hyatt hotels in Boston were fired and replaced by workers from a Georgia company, Hospitality Staffing Solutions. The housekeepers, some of whom had worked for Hyatt for over twenty years, were making between $14 and $16 an hour plus health, dental, and 401(k) benefits. Their replacements were to make $8 an hour with no health benefits. To make matters worse, Hyatt had earlier gotten the fired workers to train their replacements. Hyatt told them the workers would filling in for them during vacations. 

Hyatt’s move has drawn demonstrators and a threat by Massachusetts governor Deval Patrick to bar state employees from using the Hyatt for state business. In Chicago, the home of the Hyatt Corporation, hotel workers were arrested at a demonstration in front of the Park Hyatt; and one of the fired hotel workers flew to Chicago to appeal to Penny Pritzker, whose family owns the Hyatt Corporation and who was Barack Obama’s national finance chairman. Appealing to Penny Pritzker may seem like overkill, but wait.

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The Bloodlust State

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For any who were not adequately shaken by David Grann's masterful article "Trial by Fire," about a man put to death by the state of Texas for a crime he almost certainly did not commit, Ta-Nehisi Coates points to a Salon article by Alan Berlow that simply beggars belief:

If anyone had any doubt that the Texas justice system operates in a parallel universe, look no further than the latest decision by the state's highest court in the case of death-row inmate Charles Dean Hood. On Wednesday the Court of Criminal Appeals (CCA) said it wasn't interested in examining whether there was a conflict of interest in Hood's 1990 trial simply because District Attorney Thomas S. O'Connell Jr., Hood's prosecutor, had had a long-term sexual relationship with presiding Judge Verla Sue Holland, an affair the two tried to hide for 20 years.

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Bankers, Retribution, Justice and Jails

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I am loathe to think that one solution to the problem of the credibility of bankers and the banking system is prison. Yes, I know Bernie Madoff is in prison and there are a few more Ponzi schemers who will join him there. But these are not the financiers who destroyed the American financial system basically on a lark, using their skills of ingenuity and deception without considering either the moral or legal constraints on their behavior.

A headline in Friday's Financial Times shouts out at me: "More prison sentences may renew financial credibility." And a sub-head: "There are precious few financiers behind bars." You know I don't much like the FT on foreign policy matters, and on Israel it borders on—no, it crosses the lines of—the anti-semitic. But it is quite reliable on financial matters. Moreover, it is Gillian Tell, a very sound observer of banks and bankers, who has put forward the idea.

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A Sabotage of Justice

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This was a matter of American interest. More than that: it was actually an American matter. And the contempt that Great Britain, particularly Scotland, and Libya have shown the United States in it is a fact with which we must conjure, lest this drama in four parts otherwise define, delimit and demean our very position in world affairs. This is a choice that neither Russia nor China ever seem to face. That is, they never stand down (or seem even to contemplate standing down) from what they deem to be core. Take, for example, Georgia or Darfur, which on any reasonable reading would be far from core.

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A Sabotage of Justice: Our Inert Response to Libya's Terrorist Pep Rally

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This was a matter of American interest. More than that: it was actually an American matter. And the contempt that Great Britain, particularly Scotland, and Libya have shown the United States in it is a fact with which we must conjure, lest this drama in four parts otherwise define, delimit and demean our very position in world affairs. This is a choice that neither Russia nor China ever seem to face. That is, they never stand down (or seem even to contemplate standing down) from what they deem to be core. Take, for example, Georgia or Darfur, which on any reasonable reading would be far from core.

Our centrality in this case, however, should be self-evident. Pan American 103 was an American carrier, "Clipper Maid of the Seas," on its way on December 21, 1988 from Heathrow Airport, London to J.F.K. in New York. Of the 270 dead, fully 189 were Americans, two were infants at two months, and one was an elderly gentleman of 82. There were 66 students on board, plus 17 men in the U.S. defense and security services. Ah, maybe one or a few of these folks were the targets of the bombing, you might be saying to yourself suspiciously. But then this would truly be an act of outright war against the United States.

It took eleven years before a trial was held, much of this time spent in odious negotiations with Moammar Gadhafi over a venue. Even Nelson Mandela was brought into the act, as he often is to rescue from justice some miscreant who happened be an ally of the "revolution." In the end, a new facility was actually built for the Scottish High Court of Justiciary on a former American military base in the Netherlands. I kid you not. There, one of the defendants was found not guilty and Abdel Baset al-Megrahi was tried and sentenced to life imprisonment. Ruth Wedgwood, professor of international law at Johns Hopkins University, has written an eye-opening article for Forbes.com on the legalities and illegalities of the process. Read it, please.

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Madoff Has Cancer, Too. Why Not Release Him or At Least Send Him Home on House Arrest?

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The Troy Davis Case And Standards Of Review

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Abbas Milani's Speech In Support Of The Bahais

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Abbas Milani is the Hamid and Christina Moghadam Director of Iranian Studies at Stanford, where he is the co-director of the Iran Democracy Project. His latest book is Eminent Persian: The Men and Women who Made Modern Iran, 1941-1979 (Syracuse University Press).

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Tnr On Aung San Suu Kyi

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What Is Malcolm Gladwell Talking About (cont'd)?

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Not to pile on Malcolm Gladwell (whom I generally like a bit more than Isaac), but his contrasting Atticus Finch--and his stoic response to Tom Robinson being found guilty--with Thurgood Marshall makes no sense. Gladwell writes:

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And We Have Learned -- What? The Real Lesson After The Beer

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So they had their beer. Teachable Moment. What have we learned?

Something--but not what I sense will get much press in the aftermath.

Directly from The Beer--not much. Gates and Crowley had an “exchange,” although about what we are not to know. And they intend to have more such exchange. Of some sort. All very civil.

Gates has said he’ll be putting together a documentary about the profiling issue. Which means that a year or so from now it will air and get briefish, genuflective reviews from people like Virginia Heffernan and then be forgotten as quickly as CNN’s Black in America specials, or that Black.White thing a few years ago. Remember the one where whites made up as black and blacks made up as whites and fun ensued? What lessons are we now carrying from that “teachable” occasion?

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Jp Morgan Chase, Bernie Madoff's Unknowing Money Laundry, And Other Ancillary Tales

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150 Years And Not One Day More

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Now We Know

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Spies: The Rise and Fall of the KGB in America

By John Earl Haynes, Harvey Klehr, and Alexander Vassiliev

(Yale University Press, 637 pp., $35)

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The Netanyahu Speech And The Peace Prospects

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Dodd Complex

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"It's a rough patch I'm going through," says Chris Dodd. How rough? Not long ago, Dodd entertained dreams of ascending to the White House. He moved his family to Iowa in 2007 and enrolled his daughter in a Des Moines public school, all in the hope of winning the state's caucus. He gave solid (if never spectacular) performances in debates while fund-raising prodigiously. And, though he didn't vault into the top tier of candidates, he managed to end his bid for the presidency with his long-standing reputation as a serious player in Democratic politics basically intact.

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Obama V. Cheney

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When Judges Go Bad

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Pirates: Serious In The Past, Very Serious Now

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Forest Fighters

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Satipo, Amazon Basin, Peru--On the fourth floor of the National Museum in Lima, there's a photo exhibit of Peru's long "dirty war" against the leftist Shining Path guerrillas during the 1980s and '90s. A series of wall-sized photographs illustrate two decades of bombings, roundups, secret arrests, and massacres that left 70,000 dead.

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