True North

A melange of liberal politics, feminism, Celtic Pagan spirituality, Packer football, and life after law school.

Name: armagh444

Who is Armagh? Well, that would be me and this is my little corner of the blogosphere, such as it is. My own little exercise in ego, founded on the notion that my writings are fascinating enough to mandate that they be shared with the world. But that is the whole foundation of the blogosphere, so it is appropriate. For whatever it's worth, I am a proud liberal Democrat, a feminist, a criminal defense attorney, an Irish-American, a Celtic Pagan, and a lifelong Green Bay Packer fan. Nothing offered here is to be construed as legal advice, the practice of law, or as establishing a lawyer-client relationship between myself and anyone who may read this blog.

30 January 2006

Quote of the Day

Words are not pebbles in alien juxtaposition; they have only a communal existence; and not only does the meaning of each interpenetrate the other, but all in their aggregate take their purport from the setting in which they are used of which the relation between the speaker and the hearer is perhaps the most important part. What to an outsider will be no more than the vigorous presentation of a conviction, to an employee may be the manifestation of a determination which it is not safe to thwart.

-Justice Learned Hand, NLRB v. Federbush Co., 121 F.2d 954, 957 (2d Cir. 1941).

27 January 2006

A Brief Note on Blog Spam and Moderating Comments

I actually had to delete two comments a couple of days ago, and I feel I need to offer something of an explanation for that action as it could easily be seen as hypocritical, given my views about freedom of speech.

Commercial speech, however, does not receive the sort of protection (either in the law or here) that political speech does, and that is precisely what those posts were.

Blog spam. Two brief posts, both stating something to the effect of "I like this site, come visit mine" with a link.

Now, while I'm vain enough to like compliments wherever I can get them, I tend to doubt their sincerity when the included link redirects one to a blog devoted to downloaded copyright protected content. Now, I find that sort of blog spam to be noxious in its own right; when it includes an invitation to do something illegal and is posted on the blog of a self-identified law student, well that's just incredibly rude, and I have no problem whatsoever deleting that sort of nonsense. I also have no problem with the notion of moderating comments so that sort of thing will not happen again.

For my tiny readership, one assurance,I take Voltaire's maxim seriously; I may not agree with what you say, but I will fight to the death for your right to say it. I won't use the power of moderation for anything save to screen out blog spam and other commercial advertising. Anything that isn't advertising will be published as soon as I get it, whether I agree or disagree with what is said.

24 January 2006

Belafonte and Speaking Your Mind

Harry Belafonte's recent speech inveighing against the Bush administration, in which he compared the Department of Homeland Security to the Gestapo has set the blogosphere and mainstream news outlets a-twitter. There is, of course, outrage and the inevitable calls for an apology.

Now, I don't agree with Belafonte's rhetoric, but I certainly don't think he should apologize. In fact, I find it more than a bit troubling when I hear prominent people on either side of the aisle demand an apology for the strongly worded statements of their opponents.

Frankly, folks, if free speech is to mean anything, we have to stop demanding an abject "I'm sorry" every time someone says something that upsets us. And speakers need to stop falling all over themselves in their rush to give that apology whenever someone asks for it. Such belated mea culpas do nothing but make people wonder if you really mean anything you say, and that sort of distrust is toxic for public discourse.

So, here are the new rules. If you say something, stand by it and take whatever consequences it creates. Do so strongly and proudly, without apology or regret. And if someone says something that pisses you off or offends you, counter him. Don't ask him to apologize for exercising his First Amendment rights. Exercise your own and argue him down.

The Death of Factory Work and Social Well-Being

I cannot count the number of times I've tried to explain to my conservative friends why I feel so strongly about corporate responsibility, both as a practical consideration and a normative manner, but I've never quite managed to effectively convey why it's so important.

Today, I ran across a column by Jim Hightower, in which he puts it precisely right.

In practice, America's historic social contract has established within our huge, diverse and fragile society something essential: a stable middle class. While the Constitution and Bill of Rights are the legal glue of our nation, this contract is the social glue -- it binds us as one people, giving tangible evidence that "we're all in this together." Those who produced this democratic advance were not the founders back in 1776, but our parents and grandparents -- and doing so did not come easily for them.

Sometimes I think that one of the greatest harms we ever did to ourselves was adopting "In God We Trust" as our national motto, relegating "E Pluribus Unum," and all that it represented to the back burner. Instead of being defining ourselves as a family unified by principles based on universal values, we becan to identify ourselves as a community of faith, a particularly unfortunate happenstance given the manner in which, throughout human history, religion has served as a source of disharmony and violence.

When you allow "Out of many, one" and everything it implies to be the centerpoint around which your civic and political life revolves, community and one's obligations - morally and materially - to other members become all important. The values embodied in this approach are the same as those embodied in the notion of the social contract between worker and company which used to hold true in this country.
The ensuing bargain was straightforward: Corporations would get labor, loyalty and productivity in exchange for assuring job and retirement security.

A friend of mine once told me that, in her view, all a boss owed his employees was a paycheck and compliance with federal wage and hours laws. There was no obligation for a boss to treat his employees well. I might be economically maladaptive to do so, but that was all.

That a good-hearted person - and she truly is one of the nicest people you could ask to meet - would hold this view and see nothing wrong with it is a huge indicator to me of precisely how much our fundamental values have changed over the last thirty years.

Work was still hard and demanding, but the development of our social contract meant that, for the first time, tens of millions could find the American dream within their reach. By no means would you be a millionaire, but you could buy a modest home, have health care for your family, take a vacation and not have to fear retirement -- in other words, have the work ethic fairly rewarded.

Over the years, I've discovered that, in general, one of the most common misperceptions white collar and professional folks have of blue collar workers is of their industry. The common presumption is that blue collar workers, especially one's in unions, are lazy. And, worse, that they are stupid. Growing up in a blue collar family, I found the exact opposite to be true.

Now, painting with too broad a brush would lead to needless and counterproductive romanticization of the working class. There are, of course, bad apples in every bunch. That being given, there is a set of civic values that can be found embodied in the ethical lives of most blue collar households:

  • Work - If you're going to do a job, you bloody well do it right.

  • Charity - Anyone can end up flat on their face. You could be on your face tomorrow just as easily. So, it's only right that, if someone needs help, you do whatever you can for them. But you never make a big deal out of it or go looking for praise for how nice you are.

  • Patriotism in Action - This isn't putting a placard on your car or flag on your house. You can do those things, of course, but patriotism, in the world I grew up in, means more than that. It means holding true to American values - read the Constitution and the Declaration of Independance if you've forgotten what they are - and serving your community in every way you can, from volunteering at a polling station on election day, to serving in the military, to manning a booth at the local school's fundraiser.

  • Loyalty - To your family, to your team, and to the company. With the expectation that this loyalty will be returned.

    Such a contract also enabled working folks like Paulk and Roy to feel positive about America's commitment to the common good, to pride themselves as being a valued part of the economy and the larger community, and to have hope for the next generation. Such feelings are more than touchy-feely niceties -- they determine whether people support the social order. This is why the feelings of workaday folks like Paulk and Roy are a crucial baromenter of America's well-being, and why today's corporate and political elite had better begin tuning in to them. "We're all worried. Everybody is worried," Paulk says of GM's workers. "There are a lot of people that are really mad. They think this is the thing that revolutions are made of."

    This is the thing that a lot of people in the white collar and professional classes seem blind to. And I shudder sometimes when I think about the long-term consequences.

    Around what shall we gather? Learned from early childhood, the importance of fairness and sharing is central to our becoming social beings. Indeed, these were the basic values behind the social contract, which pledged that loyalty, productivity, cooperation and quality work would be fairly rewarded.

    But, if these values aren't expressed in our civic and economic lives, what will tie us together. And how long until our children opt out of what they perceive as a hypocritical society before even entering it? That may seem an odd question, but children are incredibly perceptive when it comes to "do as I say, not as I do."

    Until recently, the Wal-Mart model has been taking advantage of low-skilled, low-income workers, but moving that model upward to autos, steel, high-tech, and other industries ensnares highly skilled middle-income workers. There's a big difference between holding people down and knocking them down. Middle-class working families are people who've had a slice of the American pie -- and for them to be told now that their slice will be taken from them and their children is not merely to shred the social contract and throw it in their faces, but to dissolve the social glue that holds our big, sprawling, brawling country together.

    This is a critically important point. No society in history that has undergone the upheaval of a revolution came to that pass without some sort of warning. Looking back at early 20th century Russia, at mid-17th century England, and late 18th century France, one is struck by how clear the signs are in retrospect. One cannot help wondering, "How did they miss all of this? How did they not see what was coming and act to avert it?"

    For the sake of our Democratic Republic and the continued survival of this glorious experiment in equality, I hope we can be more perceptive than our forebears were.

  • 23 January 2006

    Time

    If there's anything that law school teaches you about, it's the relative value of time.

    Most law students are relatively young, so the full weight of time's swift passage and its link to individual mortality generally doesn't hit until the end of 1L.

    You walk into your first Contracts class, abuzz with anticipation and not a little fear, and suddenly, you turn around for a moment, and it's spring. And you're startlingly older and vastly more cynical. And you can't understand where the last nine months went.

    You always knew that time flew when you were having fun, and you were always agonizingly aware of the manner in which it crawls when you're bored, but you had never before seen exactly how rapidly it can run away from you when your tasks vastly outweigh your available time.

    Quite suddenly, you realize that, no matter how hard you work, no matter how dedicated and determined you are, the rest of your professional life will be a hostage to this unequal equation. You begin to understand that there is a reason why so many attorneys fall prey to substance abuse and mental disease, why so many are plagued by failed marriages and disfunctional relationships with their children, why - in spite of all the power and influence available to them - so many attorneys are deeply unhappy people.

    Some are lucky. Some find ways to escape the race by capturing one of the rare jobs that allows for a satisfying balance between the professional and the personal. Some make a conscious choice to forego a certain amount of professional success in order to make their personal life their first priority. Some leave the profession altogether.

    Some are not so lucky.