But WHY do black lives matter? S&R Honors #BLM

I live in a time where people exchange high fives in celebration of dead black bodies.

#blm

Image courtesy of WikiMedia

by Derin Adesida

At 15, I related most to Ralph Ellison’s unnamed protagonist in Invisible Man. I was attending The Hotchkiss School, and for the first time, I thought of myself as a minority because of my race and class. Though young, I was being exposed to the world. While privilege buffers blocked possible hardships from me, I had an opportunity to be a carefree black child. I enjoyed math, string instruments, and new dance steps. I felt regular. I played and then matured to hanging out with friends. I laughed a large free laugh and experienced a childhood unaware of the limitations my race could impose. Continue reading

CATEGORY: Baby Boomers

Judge not the group; rather, see the individual

By Carole McNall

ICATEGORY: Baby Boomers’m a female baby boomer.

Knowing that, what do you know about my politics and points of view?

Absolutely nothing.

But wait, you might argue: I know a couple of things that should allow me to predict what shaped your world view.

Really? Let’s test that theory.

Baby boomers are classically defined as those born between 1946 and 1964. That’s an 18-year span. Consider, for a moment, how different the world would look for people at varied points along that span.

John F. Kennedy was assassinated in 1963. Continue reading

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The search for a ‘peaceful journey’

Last summer camping by the Imnaha River, I had a dream.

Imnaha Blue Hole

the Imnaha at Blue Hole

By Tamara Enz
It was August, but on the river in the bottom of a forested canyon and at elevation in the Wallowa Mountains, it was cold. I slept in the bed of the pickup, curled into my down sleeping bag, with multiple layers of clothing, and a hat. I don’t remember much about the dream except that it terrified me and I awoke as I was about to be decapitated.

Startled awake with the sound of water rushing downstream to join the Snake River, the trees crowding in above me, and the stars brilliantly clear in the gaps between the branches far above, I wondered what had occurred on this site. I lay awake a long time thinking about the dream and whatever energy I had tapped into.

As happens, the year waned. The dream, all but forgotten, left my conscious memory.

A few weeks ago, I was camping by the Imnaha. I had a dream. It was June, but in the river bottom, in an open ponderosa pine park and in the spring rain at elevation in the Wallowa Mountains, it was cold. Continue reading

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When is sharing a password a federal crime? And when isn’t it?

By Carole McNall

Korn-Ferry_Hay-Group.jpgI glanced at the sexy headline: Sharing your Netflix password is now a federal crime, court rules.

Intrigued, I read the story. Then I read the court case, United States v. Nosal.

I discovered, within a page and a half, that the headline writer had created his or her own legal precedent. The blunt statement that made a sexy headline was far less nuanced and far more definitive than the actual decision.

The story I read was bylined, which I always take to mean a reporter actually does something to gather the information. But for many reporters, “gathering information” for this story seemed to mean finding it on another website and doing a little rewrite.

So let me offer some context for evaluating the sexy headline.

Who was sharing passwords and why? The password sharing happened when David Nosal and two others decided to leave the executive search firm Korn/Ferry. Before they left, they began downloading information from Korn/Ferry’s confidential database of search candidates. Even after their access to the system was revoked, they continued downloading, using the freely given password of someone still working at Korn/Ferry.

The firm emphasized the confidentiality of the database through messages ranging from a required agreement for all new employees to a pop-up message every time someone did a custom search.

Eventually, Korn/Ferry discovered the access and criminal charges were filed. This month’s decision was the second appeal of Nosal’s conviction on those charges to the Ninth Circuit Court of Appeals.

OK, there’s the federal crime. But what law did they violate? Continue reading

Sports

Fighter jets and paratroopers and black knights, oh my: sports totems as a reflection of militaristic cultural norms

It’s not enough to accept military vehicles, body armor and weaponry from our civilian police. We now have to cheer for it.

by Michael Smith

There was a chapter in a Carl Sagan book from the mid-nineties, Billions and Billions, where he wrote about how totems of North American sports teams had been changing over the years from traditional animals for older clubs — like the Bears, the Tigers, and the Lions — to newer ones more reflective of concerns over atmosphere and the environment — like the Hurricanes, the Avalanche, the Lightning, and the Heat, etc. His point was that we no longer feared animals — there were no more bears in Chicago, after all — so they were no longer acceptable totems for making our team represent power; striking fear into the opposition. Whether or not everyone consciously accepted the reality of climate change in the ’90s, it had become enough of a subconscious concern in our lizard brains that these newer totems felt edgy and fierce.

I think that’s what’s been bothering me about the most recent changes in the NHL. Continue reading

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Led Zep wins “Stairway to Heaven” copyright fight. But why?

The Zep vs Randy California “Stairway” case reminds potential plaintiffs they can invest time and money in a lawsuit and still lose.

led-zeppelin-e1401917275408by Carole McNall

Classic rock fans, you can relax now.

Jimmy Page and Robert Plant are indeed the writers of the rock classic, “Stairway to Heaven.” A federal court jury ruled June 23 the estate of Randy Wolfe had not proven its argument Wolfe was the original creator of “Stairway’s” most memorable guitar riff.

“We are grateful for the jury’s conscientious service and pleased that it has ruled in our favor, putting to rest questions about the origins of ‘Stairway to Heaven’ and confirming what we have known for 45 years,” Page and Plant said after the verdict. Wolfe’s attorney said he lost on a “technicality” and is considering an appeal.

This case, more than many rock copyright fights, had enough tangles to be worthy of a law school “spot the issues” question. I’ll untangle a few of them for you.

Who is this guy who’s claiming he wrote “Stairway?” The claim comes from the estate of Randy Wolfe, known as Randy California when he played with the band Spirit. Wolfe’s estate said “Stairway” steals a guitar riff from Wolfe’s composition “Taurus.” “Taurus” was written in 1968, “Stairway” in 1971.

Continue reading

CATEGORY: Music

Asian-American band to SCOTUS: review our trademark victory

by Amber Healy

It’s not often a winning party in a long-fought legal battle asks the Supreme Court in the United States to review a lower court’s ruling that had been made in its favor. But for the Portland, Oregon-based, Asian-American dance-rock band The Slants, that’s just what happened this week.

In December, The Slants won the ability to legally register and protect their band name, something the U.S. Patent and Trademark Office had said was offensive to Asian Americans. It was a victory nearly six years in the making.

The U.S. Court of Appeals for the Federal Circuit, in Alexandria, Virginia, ruled that the USPTO was in violation of the Constitution by rejecting the band’s trademark application by a 9-3 margin. The court found that the section of the archaic and little-known Lanham Act used by the USPTO to deny the application, the “disparagement” portion, could not be used to prevent or deny the application. Continue reading

CATEGORY: Guns

Human rights vs gun rights: after Orlando and before the next Sandy Hook…

Human rights, gun rights and what is right.

by Michael Frantz

Here’s what is clear to me—we have by law and action made it too damned easy to kill and demean.

Let’s start where I hope there is less debate. Can we all agree that regardless of gender identity, sexual orientation, color, religious (or not) affiliation, age, mental and physical differences, veteran’s status or any other “identifier” that all humans should be inherently endowed with equal rights? Continue reading

CATEGORY: PersonalNarrative

Tempeh sausages with pepper spray on the side

By Tamara Enz

A few weeks ago in a random historic-site parking lot in far-flung western Colorado I met a 60-something woman from Atlanta.

CATEGORY: PersonalNarrative“You’re traveling alone? Well good for you. I always wanted to do that but I just don’t have the courage. Some day I will. You’ve never had any problems?”

This is a common question when people see me alone. A few variables in wording, some more direct language about scary people and places to avoid, but the sentiment is the same.

I’ve worked alone in many remote places over the years. I have occasionally stepped out of sight when I felt unsure about what was coming my way. I’m more often worried about destroying an axle on my pickup, not finding my way out of a random maze of canyons, or falling off a cliff than about other people.

Continue reading

Race & Gender

‘Total Frat Move’? More like Total F*cking Misogynists

You may have seen your favorite celebrity like Taylor Swift or Gigi Hadid sporting one of these babies [referring to high-waisted bikini bottoms] on their latest social media post … either way, you’re not them. These girls have the body to pull it off. You do not. Snap me photo proof if you think you can.

By Emily Rosman

Above is an example of one of the unsupported claims by The Therapist, an anonymous user on Total Frat Move, or TFM, in an article called “Why Girls Should Stop Wearing High-Waisted Bikinis.”

CATEGORY: RaceGender TFM, a self-claimed “news and entertainment brand that consists of the No. 1 college comedy website on the internet,” is owned by Grandex Inc. Grandex owns other “entertainment” brands like Total Sorority Move, Rowdy Gentleman and Post Grad Problems. Grandex lists 47 executives on its website — only seven are women.

Misogynistic posts like The Therapist’s litter the site, using derogatory language in most articles and treating women as sexual objects.

“Misogyny now has become so normalized,” said Paul Roberts, author of Impulse Society. “It’s almost like we’ve gone back to the Mad Men days.”

Continue reading

Popular Music

Can digital music files be resold? Courts say no — so far

By Amber Healy

Walking into a used music store is akin to embarking on a treasure hunt. Whether the shopper is looking to bulk up her CD collection or find vintage vinyl — an original pressing of Pearl Jam’s Ten! — or a cheaper way to fill in the gaps, music resellers are a cost-effective way to get new material while providing the previous owner a way to create some shelf space for new additions.

CATEGORY: MusicPopularCultureThe reselling of physical media, whether books, movies or music, is permissible under Section 109 of the U.S. Copyright Act. The First Sale doctrine, as it is known, says a person who has paid for an album (vinyl or CD or, in yesteryear, a cassette) can resell that album without any legal problem. The First Sale doctrine “generally provides that once a copyright holder authorizes the distribution of a copy of a work, that copy can be further leased or transferred or otherwise disposed of by the purchaser or whoever has lawfully acquired it,” confirms Mike Keyes, an intellectual property and copyright attorney with the Seattle law firm of Dorsey & Whitney LLP.
Continue reading

The Slants

The Slants, or Washington’s NFL team, might soon go to SCOTUS over their names

By Amber Healy

Just as The Slants prepare to release a new album with a new singer, it might be time to prepare to face the U.S. Supreme Court. Sadly, this won’t come as a surprise to the band.

The Slants

The Slants

In December, the U.S. Court of Appeals for the Federal Circuit ruled the U.S. Patent and Trademark Office (USPTO) was in violation of the Constitution when it rejected the band’s application to register its name as a trademark. By a margin of 9-3, the federal court ruled the “disparagement” portion of the Lanham Act — a 60-year-old and little-understood law — could not be used to prevent the band from its right to trademark its name. Continue reading

CATEGORY: PersonalNarrative

In two words, the restless struggle ‘to be present’

By Emily Rosman

Lately two words have been stuck inside my head, refusing to leave.

I wish.”

Like many college students, especially those graduating this May, I can’t help but think of all the things I didn’t do.

It’s human nature — at any age — to think about all the things that could have been accomplished or that could have been experienced.

I wish I’d joined more clubs that don’t specifically relate to my major. I wish I hadn’t wasted so many nights wasted. I wish I’d developed a more diverse group of friends with different interests. I wish I’d taken more electives like psychology or women’s studies.
Continue reading

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Prayer in schools: What god? Whose god? Who decides?

By Carole McNall

Once upon a time, a little girl was going to a public school. Her school began each day with all the students reciting The Lord’s Prayer. (This was a very long time ago.)

3561505_f260But the little girl was confused. She knew The Lord’s Prayer, but she had learned a very different ending. Is this the same prayer? she wondered. Was she remembering it wrong? All her classmates and her teacher were saying this other ending.

So she asked her mother. And her mother, who knew about these things and many others, told the little girl there were actually two versions of The Lord’s Prayer. One was the version she was hearing in school. The other, which was also right, was the version she had carefully learned.

Her mother even had a solution to what to do about this different ending. “Just say ‘Amen’ where you always have,” she told the little girl, “and let everyone else finish it the way they’ve learned.”
Continue reading

Tommy Funderburk, CEO of Muzit.

Muzit: an alternative approach to music piracy

By Amber Healy

Muzit’s policy on people who download music without paying for it is kind of counter-intuitive: If you can’t beat it or stop it, turn it into an opportunity.

Tommy Funderburk is the CEO of Muzit, a Santa Monica, California-based company that has decided to turn the tables on what some would consider music piracy. A musician who has recorded with Airplay, Boston, Whitesnake and other bands, and the founder of PayArtists, a peer-to-peer marketing platform for the music industry, Funderburk says that while there’s an ongoing and evolving conversation about the role big data plays in helping the music industry reinvent itself, his company wants to do something different.

Tommy Funderburk, CEO of Muzit.

Tommy Funderburk, CEO of Muzit.

“We come to big data from the side of the copyright owner, as recording artists ourselves, people who have been in the van and traveled around, playing concerts,” he says. “We think information is great but it’s very difficult for an artist to know what to do with that information at time.”

“We’re not condoning what some people call piracy,” Funderburk explains. “We’re trying to be realistic. We understand every song, every movie, every video game is already shared on the internet. We’ve watched the entertainment industry engage in a futile exercise, to try to find some college student and fine them for thousands of dollars (for downloading music without paying for it)…These are your fans. Why would you treat your fans this way?”

Instead, using a proprietary system that Funderburk couldn’t disclose other than to say it’s similar to the methods used by lawyers to find and track down so-called pirates, Muzit provides that information to artist as a way of opening the lines of communication.
Continue reading

Al Jolson, champion in the battle for racial justice: Scholars & Rogues Honors…

Haymarket Riot logo - Al Jolson

by Jon Epstein

It is not surprising that there have been some listeners that assume that the HayMarket Riot band logo is in some way an offense to American minorities due to its obvious origins in the “blackfaced” minstrel singers of early 20th century American Vaudeville. It is true, that is exactly where it came from. Our “Harvey” logo is based on the original movie poster for the first “talkie” motion picture, The Jazz Singer, Starring Al Jolson, who is widely regarded as the most influential popular music performer of his era. Continue reading

Donald Trump: narcissism, persecution complexes and the backward cult of personality

The psychological and sociological underpinnings of Trumpism

by djerrid

Donald Trump announces his candidacy for  president during a rally at his Trump Tower on Fifth Avenue in Manhattan, New York, on Tuesday June 16, 2015. Mr. Trump also announced the release of a financial statement that he says denotes a personal net worth of over 8 billion dollars.

Donald Trump announces his candidacy for president during a rally at his Trump Tower on Fifth Avenue in Manhattan, New York, on Tuesday June 16, 2015. Mr. Trump also announced the release of a financial statement that he says denotes a personal net worth of over 8 billion dollars.

There has been much head-scratching and hand-wringing from rational folk when it comes to understanding Trump and his supporters. And rightly so. What the hell are they thinking!?! Well, they aren’t. Not in the traditional sense. This kind of groupthink hasn’t been prevalent in Western Civilization since World Wars I & II.

So, way back then, there was much more attention paid to this kind of phenomenon in sociology and psychology. Sociologist Max Weber was well known for identifying the underlying concepts we find in Trumpism.

As for The Donald himself, he is undeniably tethered to narcissistic leadership. Continue reading

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‘Stand by your (wo)man’: create an expectation of equality

by Amber Healy

This has been a weird few weeks for women.

There’s talk of opening up the draft in the United States to women, now that more women are taking on combat roles.

President Barack Obama has once again lamented the pay disparity between men and women when working the same job.

Women are taking on an increasingly powerful and high-profile role in many areas of the economy, including the IT sphere, becoming pioneers in a rapidly expanding and evolving world and breaking some barriers by taking on executive positions in major international companies.

This is all terrific! Continue reading

Health

Flint, MI is in crisis and may be for years to come

by Mike D. Quinn

It’s been in mostly ignored crisis for a very long time, but today you’re likely to hear presidential candidates talking about it. From a technical aspect, some of the reporting on the waterborne lead contamination is good while some of it is lacking and some of it is plainly misrepresentative of the actual issue. What’s not being discussed in any depth – if at all – is the true, long-term costs that Michigan’s governor, Flint’s emergency manager, and the Michigan Department of Environmental Quality’s leadership imposed on Flint and the state of Michigan. Continue reading