December 30, 2006
Foreign perspective ::
meta — tagged buffalo, family, meta and weblogs
5:24 pm
My parents have been hosting a foreign exchange student from Sweden for the past few months. Nils is his name. Nils has a weblog, on which he’s been posting various stories of stay in the United States. This means that there are stories about Buffalo, my family, and of course, me. I don’t speak Swedish, so I have no idea at all what he’s writing about. Further, I can scan at least one post about Christmas and see my name come up a few times. It makes me a little nervous, I guess, but my show-offishness wins out, so really I don’t mind. (I just want to know where the link to my site is!)
In any event, I guess I’ll have to get used to the reality that I’m no longer the sole Internet voice for what goes on in my family. Ultimately that’s probably a good thing.
December 29, 2006
Carey v. Musladin, a quick analysis ::
legal — tagged crime, due process, habeas corpus, legal and SCOTUS
3:00 pm
I must be feeling better because I find I have a reinvigorated interest in the activities of the Supreme Court. I note particularly the Court’s opinion in Carey v. Musladin, which presented the question of whether the California courts improperly upheld the conviction of a criminal defendant after the victim’s family members were allowed to wear buttons displaying photographs of the victim during the trial. The question was couched within the defendant’s subsequent federal habeas petition, and the Court’s majority opinion stuck to the narrow, technical question of whether upholding the conviction in spite of the buttons was “contrary to” or “an unreasonable application of” clearly established federal law. In a brief opinion by Justice Thomas, the Court quickly answered the question in the negative. But Justice Souter, concurring in the judgment, took a different approach in which he dealt with the question in a more substantive manner:
[O]ne could not seriously deny that allowing spectators at a criminal trial to wear visible buttons with the victim’s photo can raise a risk of improper considerations. The display is no part of the evidence going to guilt or innocence, and the buttons are at once an appeal for sympathy for the victim (and perhaps for those who wear the buttons) and a call for some response from those who see them. On the jurors’ part, that expected response could well seem to be a verdict of guilty, and a sympathetic urge to assuage the grief or rage of survivors with a conviction would be the paradigm of improper consideration.
It’s interesting to compare the majority opinion with Souter’s concurrence. In an effort to build consensus and answer only a narrow, technical question, the majority seems to foreclose the possibility that private actors in a court room could ever do something that would prejudice a criminal defendant during trial. By contrast, Souter’s concurrence does a good job of being just as narrow of an opinion, but leaving open the possibility of prejudice against the defendant based on a different set of facts.
Update: Tony Mauro has an interesting article about Chief Justice Roberts that shades the oddly narrow and technical nature of the Court’s Carey opinion. I noted particularly this paragraph:
Nearly everywhere he goes, Roberts speaks of his desire to preside over a more cohesive and unanimous Court. But with resignation in his voice, he notes that he cannot achieve that goal without active help from his colleagues.
Given Roberts’ intelligence and his overwhelmingly technical mind, as well as this priority he seems to be sticking to, it could be that this opinion simply a product of the type of influence he has over the Court.
December 24, 2006
Holiday Mixer ::
photos — tagged flickr, holidays, photos and vermont
12:16 pm
Holiday Mixer (2)
Originally uploaded by found_drama.
It’s nice to see the Christmas cement truck is making the rounds back in Montpelier. I’ll get back home on December 28th—hopefully the holiday lights won’t be retired before my return.
Healing: A song list ::
music — tagged broken leg, buffalo, family, indie rock, music, personal and travel
12:13 pm
So I’m back in Buffalo for Christmas. The trip here was exhausting. After an eight hour car ride I tumbled from my dad’s car with a stiff leg feeling very, very cranky. My time here overall has been fun, and it’s been nice to show family members that, even though I’m still on crutches and have still-unhealed surgery scars, my condition has improved dramatically from the day I was discharged from the hospital. Also, it’s been fun to show off my x-rays and watch people squirm when I point out the fracture that starts from my hip and spirals around my femur.
So, with introductions aside, I put this mix together a couple of weeks ago while in the hospital, high on Percocet. I’m pretty happy with the sound of this one, much moreso than Winterish or the Fall mix. In part the outcome is the result of my immobility at the time, which allowed me the concentration and time it takes to make a good mix. But also, I think it’s an indication that drugs and rock and roll really do go together quite well.
Halloween by Matt Pond PA: Is it un-hip for an indie rock snob to actually like Matt Pond PA? No matter what the critics might say about the band’s artistic shortcomings, I fell for this song long before it would have otherwise been tainted by other’s opinions. And it’s dramatic lyrics, combined with the piano, acoustic guitar, and pedal steel make for a really seductive sound.
Pushover by The Long Winters: I first found this song over the summer, through a Music for Robots post. Since then the track has appeared and reappeared on a variety of playlists and mix CD’s I’ve put together. I finally picked up the CD at Amoeba Records when I was in SF in August.
Don’t Call Me Whitney, Bobby by The Islands: “Bones, bones, brittle little bones,” go the opening lyrics of this track. When I first added it to the list, I didn’t even think about how apropos to my condition the song actually was—I was thinking more about just how pretty the song is. But boy, does this one fit perfectly.
The End’s Not Near by Band of Horses: Band of Horses covering a song by The New Year for the OC Soundtrack. I really don’t know that much about The OC, but the track is really great—it’s an interesting reinterpretation of the original version of the song, in which the band makes the song their own.
Steps and Numbers by Appleseed Cast: They’re such a curious band, which moved from a straight ahead (and pretty annoying) Midwestern emo outfit to a post-rock band with a melodic, unique sound. So far, Low Level Owl has been the high point of their sound for me, but I also haven’t heard any of their most recent releases. But that’s on my to-do list, definitely.
Sukie in the Graveyard by Belle and Sebastian: I don’t love the album, but I do love this song. It does a great job of snapping the mix back into line after the more airy, nebulous sound of the previous track.
Hard Bargain by Ron Sexsmith: Ah, the underappreciated Ron Sexsmith. This is a great track that emotes a feeling of being beat up but willing to come back the next day for more.
Song for the Myla Goldberg by The Decemberists: This is the first song I heard by the Decemberists, and it’s the one that caused me to really fall for the band. But it’s never made it onto any of my mixes. So now’s as a good a time as any to finally add it to my song list. And the lyrics, especially the tongue-twister “I know New York, I need New York I know I need unique New York” always makes me smile, especially when I sing along and get it right.
This is the Way by Devendra Banhart: An interesting song in which Devendra sings about his physical self. One thing about this broken leg, as well as the healing process, is how aware of my physical self I have become during this time. With that in mind, the track works really well here.
Radio Campaign by M. Ward: Hey, I’ve been into M. Ward since August, and I think I’ve had one of his tracks on each of my mixes since then. So here’s another one. Here he pleads, “come back, come back my little peice of mind…” As I sit here, leg aching and knowing that I couldn’t get up to visit friends, get food, or go to the bathroom without a big production, I really know how he feels.
Paper Thin Walls by Modest Mouse: after the more intellectual, introspective stretch of tracks, I needed something to change the tone a bit. I found this song on a whim and thought it was perfect. Do you remember when the Moon and Antarctica came out in, what, 2000? And do you remember how new and exciting the track was? I sure do, now that I’ve heard this song. Now the album is back in my iTunes rotation.
A King And A Queen by Okkervil River: There’s an element of melodrama to all of Okkervil River’s music, and it provides me with a feeling of catharsis every time I hear it. This slow, acoustic number is a perfect example. Did I mention that my roommate went to high school with the lead singer? I’m totally serious!
Sleeping In by The Postal Service: One thing I like about the Postal Service is the sense of calm the songs seem to bring in the face of apocalyptically bad news. This song is a perfect example: here the singer dreams that global warming was simply a reward for humans being so good to each other. “No we can swim every day in November,” the verse concludes. It’s definitely not something I’d want to maintain in my entire life, but while I’m healing it makes me feel just a little bit better.
Throwing Things (Acoustic) by Superchunk: I pulled this track off of Superchunk’s Incidental Music, a compilation of the band’s singles and b-sides from the early 1990’s. This is a wonderful acoustic rendition of the electric original, and can make me weep if I hear it at the right time.
Reconstruction Site by The Weakerthans: this is probably John Samson at his most melodic and fun. This great sing-along tune can help me see the bright side of just about any dismal situation.
The Ballad of Daykitty by Lou Barlow: Lou Barlow is so strange—his music can range from exploring the deepest, darkest emotions to just having fun. This track, which closes out Barlow’s Emoh release, is an example of his later line of songs, in which he sings of a cat who, after much flirtation, decides to come and live with him.
December 21, 2006
Legal photo: disappointment ::
legal photos — tagged flickr, legal, legal photos and photos
12:06 pm
disappointment
Originally uploaded by molleland.
A pretty good legal photo, to help me get back into the swing of things on this site. Sometimes the law can hurt, and the only consolation one might provide is to say “sorry, kid.”
December 20, 2006
Broken ::
personal — tagged broken leg, cycling, family, friends, healing and injury
4:38 pm
Nearly two weeks have passed since I broke my leg while I was out biking. It may sound crazy to you, I know, the idea that I was out on my bike in 40 degree weather, at 8 AM before work. It may sound even crazier to you that I hit black ice and landed directly on my hip, cracking my hip bone and part of my femur. But that’s what I did. And if I told you that I had surgery the same day, and that for the past two weeks I’ve been recovering from a procedure in which an orthopedic surgeon placed an 18-inch rod along my femur in order to set the break, you might become so incredulous that I could sense it from where I sit. But that’s what’s happened.
The accident and the surgery sounds crazy, I know, which is part of the reason I woke up from surgery crying. It’s also the reason I’ve felt so emotionally overwhelmed over the thirteen days. The other reasons for the emotion include the help that friends and family have offered while I get better. I’m actually staying at a friend’s house right now, because she has only one stair and a walk-in shower. I can’t think of a time when I’ve felt more cared for, or more dependent on people. It’s a strange place to be in, a position I’m not altogether comfortable with, but I also realize I need these people around right now, so I’ll just have to accept it.
If you’re concerned about my current physical state, you shouldn’t be. I just had my first post-operation doctor’s appointment today, and they seemed happy with the way the break has stabilized, and they have told me I should start bearing weight on the leg. They told me this in spite of a rather scary-looking X-ray that depicted a splinter of bone that came off the site of the fracture. I shouldn’t worry too much about that, they say, it’s a normal part of the healing process. And the pain is something I should work through at this point. I find much of this hard to believe, especially when I think about waking up at 3 AM, stiff and having to pee, feeling like nothing has changed since the time I woke up from surgery. I’ll just have to take the doctors at their word that I am in fact healing, and move forward.
I’ll try to post X-rays at some point that show the break as well as my new hardware. That will at least support my assertion on the operation. As far as everything else is concerned, you will just have to take my word for it, I suppose.
December 4, 2006
Today’s legal photo: work ::
legal photos — tagged flickr, legal, legal photos, photos and work
1:39 pm
work
Originally uploaded by cut paste.
We (those of us who work in the law, I mean) have all been there.
Runaway Flickr hit ::
photos — tagged flickr, meta and photos
10:57 am
So, I posted one of my photos to the Quote Abuse Flickr group, which I found through my del.icio.us links. Quote Abuse gained substantial popularity over the past few weeks, likely due to this Boing Boing post. So, I noticed this morning that the photo I posted had 1,042 views since I first added it to the group’s pool—by far it has become the most popular shot I’ve ever taken. And I mean ever.
December 3, 2006
Winterish: a song list ::
music — tagged favorites, indie rock, mixes and music
8:56 pm
I was out riding today and noticed, along with the conspicuous lack of snow, the significant number of Japanese SUV’s ferrying around Christmas trees. ‘Tis the weekend for at least one holiday purchase, I suppose. And with that image ingrained in your head, here’s decidedly non-Christmas-themed song list for your December enjoyment:
Gamera by Tortoise: The first track of the Lazarus Taxon rarities compilation. As a general principle I have very little tolerance for extended songs, but it’s worth paying attention to every moment of this 12-minute track. Starting with a single acoustic guitar and moving gradually into a driving post-rock crescendo, the song will get me to stop everything I’m doing to listen.
Mr. Tough by Yo La Tengo: This song’s instrumentals recall Moondance-era Van Morrison for me, and represent (I think) a new sound for the band. It’s catchy, groovy, but still has much of the same sound that has defined the band over its 20-year career.
7/4 (Shoreline) by Broken Social Scene: It’s taken a year and a half for me to finally start getting into Broken Social Scene’s second album. But I’ve always liked this song. It’s fast-paced, intensely orchestrated, and has an excellent horns section that ties it all together.
Goodbye by Asobi Seksu: In my humble opinion, I think Asobi Seksu should win a best new band award from someone for their 2006 release. It’s been one of my favorites of the year, to be sure. I threw this particular track on there because it reminded me of the insufferably hot weather of late July and early August
Loser City by Oxford Collapse: I stand by the assertion I made on an indie music mailing list that Oxford Collapse’s latest album exudes the “easy confidence of a three beer buzz.” This song, with lots of guitars and shouting, exemplifies exactly that sound. It’s a great song to have stuck in your head when your biking through traffic in downtown Montpelier.
Leap Year by +/-: I saw these guys open for the Wrens and was blown away—their songs have a great combination of heavy fuzz and chiming guitars that can really emote at times. This song wells up like heartbreak.
Each Coming Night by Iron & Wine: Over the past three years I’ve grown to appreciate the emotional honesty of folk musicians that are beginning to make up a larger portion of American Indie Rock catalogs. Iron & Wine was my first introduction to this sound, and continues to be the a central figure in that indie folk movement. A part of you might cry, just a little, each time you hear this song.
Something by Sam Prekop: Post-rock at its best. I remember hearing this song for the first time on the Murderball soundtrack, and have been looking for the right mix for it. So here it is. I feel hopeful every time I hear this one.
Rainbow by Snowlgobe: Things are starting to get sad now. Snowglobe has an interesting sound that calls up the sad underside of psychedelia, and this song exemplifies what they’re all about.
All the Trees of the Field Will Clap Their Hands by Sufjan Stevens: I was reminded of how good this album was when I was watching Weeds over Thanksgiving and this song closed out one episode. (Speaking of Weeds, I really enjoy the show—not so much because I find the weird suburban pothead culture entertaining, but because the main character is such a real person. The death of her husband, and the emotional loss that makes up a large part of her emotional landscape, really gives a sad texture to the whole show.)
Greycoated Morning by David and the Citizens: This song has been kicking around my song lists since it showed up on one of my podcasts over the summer. It’s one of those great indie pop tunes that sounds happy but probably has some of the saddest lyrics of any song published this year.
Beauty by The Shivers: I’d never heard of The Shivers before downloading this track, which I’d heard about through Pitchfork’s (quite stellar review). Although I, like any other indie rock hipster, do my best to distinguish my music tastes from those of the Pitchfork editorial staff, I have to give them credit when they found a winner. If you’ve ever longed for someone so badly it hurt, this song, with its echoing, solemn guitars and composed yet deathly sad lead singer, will resonate with you, too.
Future Women by The M’s: The track for which the M’s latest foray into guitar-driven glam-pop was named. It was an easy way to close out a track list that was maybe getting just a little bit too serious.
December 1, 2006
Today’s law-related photo ::
legal photos — tagged flickr, legal photos and photos
10:15 am
Ouch
Originally uploaded by omalingue.
Not much meaning to this one, at least that I can tell. I mostly just liked the way it looked.
