- if your fan goes into overdrive, there's a reason
- Intel's support site is much more useful than HP's
- Fry's geeks are smarter than Geek Squad geeks
Tuesday, August 05, 2008
Fry's Geeks Are Smarter Than Geek Squad Geeks
Sunday, July 27, 2008
BOOKS: Shakespeare: The World As Stage
Small City
I know that the odds of things are often different than the unschooled intuition would expect (for example, the likelihood of finding a common birthday among a group of ten surprises most people), but I wonder how our experience of "connectedness" compares with the average. Is it like this for most people and in most big cities? Or is there something about Los Angeles (or about George and me) that is distinctive? I know that with cars, the perception of size on the inside doesn't always correspond with actual size on the outside, and you can find cars that feel large inside while being actually small. I wonder if there is an analog for cities, if Los Angeles somehow feels smaller on the "inside" than it actually is on the outside? In any case, I love living here.
Thursday, July 24, 2008
FILM: Mamma Mia!
Even several days after seeing Mamma Mia, the infectious Abba tunes are still playing in my head. That's not a complaint. It makes me smile, and sometimes I have to repress the urge to jump up on the table and start dancing. The film was great fun. Of course, you need to like Abba (there's probably more music than dialog), and the film, like the play, is an excuse for one production number after another. You also need to like musicals, and be able to accept the fact that characters burst into song at every opportunity, and that a charming chorus of Greek villagers pop out of the windows and blue doors of their white-washed houses to fill out appropriately over-the-top song-and-dance numbers. There's also the initial strangeness of hearing actors sing whom we haven't known as singers before (remember Moulin Rouge?), but you get over it. Of course nobody is surprised that a respectable singing voice is yet another talent of the uber-talented Meryl Streep. Seeing/hearing Pierce Brosnan sing, on the other hand, does induce a double-take or more. But it's all in good fun, and the film is a rollicking good time. It was well-cast all around. Amanda Seyfried was a terrific fresh face and talent as Meryl Streep's daughter Sophie, who's getting married and wants her father to walk her down the aisle, if only she could figure out who he is. Dominic Cooper did a great job as her fiancé, and they generated some heat in their number together on the beach. Meryl Streep was excellent as expected, singing, dancing, physical comedy, she brings it all. Brosnan, along with Colin Firth and Stellan Skarsgård, did great jobs in their roles as the possible fathers. And both Christine Baranski and Julie Walters, as Meryl Streep's old gal pals, were quite funny, and each had a great number of their own. The story was elliptical at times, and if one overthinks it, one might be disappointed that the comic possibilities inherent in the creative plot weren't fully mined (think what Shakespeare might have done with three putative fathers on a collision course with an ex-lover and a wedding processional). But this isn't Shakespeare, it's a jukebox musical, and the plot does a surprisingly good job of propelling forward the sequence of songs not written to tell this story. Director Phyllida Lloyd (who also piloted the stage production) understands that it's all about the numbers, and she's done a nice job translating a stage production into a cinematic musical spectacle. The visuals and foot-tapping songs will keep you smiling. (Though caution: the gorgeous Greek scenery might have you lunging for Travelocity to figure out how one gets to the islands of Skopelos and Skiathos, where this was filmed.)
Monday, July 21, 2008
For Us, 7th Anniversary is the Paper Anniversary
From the State of California's legal point of view, we'll be getting married for the first time next month. From our point of view, next month we'll be simply renewing our vows for the benefit of the State, who wasn't able to attend our wedding seven years ago. Since then, our relationship has undergone various legal evolutions in status. When we got married in July 2001, we executed mutual healthcare directives and financial powers of attorney, which were later recorded. And we registered as LA County Domestic Partners. Most people aren't aware that both LA County and the State of California maintain domestic partner registries, which are separate and independent statuses, each with their own benefits. When we married in 2001, the state registry was mostly just symbolic, whereas the county registry had a few actual benefits associated with it (e.g., hospital visitation rights). In 2003, the state registry made a major advance from symbolic to substantial, and so on Valentine's Day 2003, we became registered domestic partners with the state. In 2005, the state domestic partner status was made to be substantially equivalent to marriage (including responsibility for one another's debts, required court dissolution, etc), and there was a grace period when those who had registered under the previous definition could "opt out" of the new definition. So we have a number of dates on which our relationship marked an "upgrade" in legal status, and we will have one more next month, but we will always celebrate our anniversary as the day seven years ago today when we stood before God, family and friends, and exchanged mutual vows of lifelong loving commitment.
Sunday, July 20, 2008
Are Oil Companies Making Obscene Profits?
Last weekend, I got into a debate with my brother about whether the oil companies' profits were excessive. He argued that Exxon's profits were $40B last year, and that their profits had increased twentyfold in five years, while the price of gas had only doubled. I didn't think that was true, and thought that their profits had only increased in proportion to their revenues, that their margin was fairly constant (and not particularly egregious), and that they were only setting record total profits because their revenues were huge and the price had risen. So I decided to take a look at Exxon's annual reports, and though I'm not sure I fully understand all of the trends, I was pretty close to right, I'd say. As I suspected, Exxon's profits in the last five years have been fairly steady around 10%, as gas prices doubled (from $1.50/gal in 2003 to $3.00 in 2007) and crude oil prices more than doubled (from $28/barrel in 2003 to $64 in 2007). In 2006, Exxon derived about 2/3 of their profits from their "upstream" business (oil production) versus their "downstream" business (refineries and gas stations). Their volume of oil produced has been fairly steady around 2.5 million barrels/day since 1999, though there was a slight (4%) increase between 2005 and 2006. There has been some small growth in margin, which is to say profits growing slightly faster than revenues. I didn't look into why, which would take more time to get to the bottom of. (One thing I did note was that capital expenditures, which includes exploration costs, have not kept pace with revenues. Not sure if that means increased efficiency, or just downscaled investment in the future. Intuitively, I'd expect a time lag of some years between capital investment and its resulting revenue in this industry, and I'd also expect that new barrels of oil are generally more costly to obtain than in the past.) Anyway, here is data that I mined from Exxon annual reports, plus a couple industry sources for background history on crude and pump prices.
| Year | Revenue | Profit | Profit margin | Cap Costs | Cap/Rev | Mbarrels/day | $/barrel | $/gallon |
|---|---|---|---|---|---|---|---|---|
| 1999 | $184.8 | $ 7.9 | 4.3% | $13.3 | 7.2% | 2.51 | $17 | |
| 2000 | $231.8 | $17.7 | 7.6% | $11.2 | 4.8% | 2.55 | $27 | |
| 2001 | $212.8 | $15.3 | 7.2% | $12.3 | 5.8% | 2.54 | $23 | |
| 2002 | $204.5 | $11.5 | 5.6% | $14.0 | 6.8% | 2.49 | $23 | $1.35 |
| 2003 | $237.0 | $21.5 | 9.1% | $15.5 | 6.5% | 2.51 | $28 | $1.50 |
| 2004 | $291.2 | $25.3 | 8.7% | $14.9 | 5.1% | 2.57 | $37 | $1.90 |
| 2005 | $359.9 | $36.1 | 10.0% | $17.7 | 4.9% | 2.52 | $50 | $2.10 |
| 2006 | $365.5 | $39.5 | 10.8% | $19.8 | 5.4% | 2.68 | $58 | $2.85 |
| 2007 | $390.3 | $40.6 | 10.4% | $20.9 | 5.4% | 2.62 | $64 | $3.00 |
| 2008 | $93 | $4.00 | ||||||
Thus, of the three factors that account for a record profit -- volume, price, and margin -- it is price that accounts for the lion's share. (And if you want to understand why prices are so high, Jim Manzi recently provided an excellent synopsis -- look to supply-and-demand, inflation, already-high efficiency, and uncertainty compounded by speculation.) Bottom line: while 10% is certainly a nice profit to be making these days, it's not extraordinary or usurous in my opinion, and not what I would call a "windfall".
Saturday, July 19, 2008
FOOD: Darren's
Sunday, July 13, 2008
FILM: Chris & Don. A Love Story
This afternoon, George and I enjoyed the film "Chris and Don. A Love Story". The film is the touching and intimate biography of Christopher Isherwood, a British writer most famous for his "Berlin Stories" which formed the basis of the musical play and film "Cabaret", and Don Bachardy, an American portrait artist. Their relationship lasted from when they met on a Santa Monica beach in 1952 until Isherwood died in 1986. Their relationship was glamorous, extraordinary, and profound. Glamorous in that Isherwood moved in literary and Hollywood circles, with friends from W.H. Auden, Aldous Huxley, Paul Bowles to Igor Stravinsky, Truman Capote, and Tennessee Williams. Extraordinary, in that they were thirty years apart in age, and lived an open and unflinching life together through decades when open gay couples were unheard of. And profound, in that the two nurtured one another creatively as artists and emotionally as lovers, from the start, when Chris helped Don discover his self-confidence as a portrait artist, to the end, when Don cared for Chris as he died of prostate cancer. The film is touchingly intimate, much of it told by the present-day Bachardy, with shots of him and the home they lived in together, and parts narrated by him, creating the effect of being invited into his home, being shown around, and hearing him share memories as they are inspired by objects and mementos in his home. It is an interview without any interviewer, creating a very intimate space into which we the viewers insert ourselves, and Bachardy is talking directly to us. This effect is enhanced by contrast with all the other people interviewed for the film, both academic biographers and personal friends of Chris and Don, all of whom are presented in a more detached documentary style, with name captions (though still without the interposition of an onscreen interviewer). This present-day interview footage is skillfully woven together with archival photographs, home movies and other period film footage, readings from Isherwood's diaries, shots of Bachardy's portraits, and some fanciful animation extending a horse-and-cat conceit that Chris and Don used in pet names for each other. The usual drama of "coming out" doesn't figure at all in this film, as these two men seem just to have been out from the start in a very matter-of-fact way. The tensions of their relationship were much more around their large age and experience difference, and how they worked through that. The early establishment of personal meaning behind the animation sequences, together with the personal "tour" of their house, come back in the end to make a tender and touching coda to the film. The blend of media, along with a lovely musical score that enhanced the film without calling attention to itself, successfully combined to convey the depth and complexity of their relationship. Like a great portrait, this film isn't completely photo-realistic, but rather, with subjective brush strokes captures the essence of these men -- of this couple -- in a way that is vivid, true, and deeply personal.
Saturday, July 12, 2008
FILM: 54
This month is Outfest, the Los Angeles gay and lesbian film festival, and we caught one of the screenings on Friday night. It was a "secret screening" which turned out to be a special director's cut of the 1998 film "54", about the wild heyday of the New York disco Studio 54. Unlike many director's cuts, where there are just a few extra minutes of footage here and there (the seriously overblown re-release of Close Encounters comes to mind), this director's cut had nearly 45 minutes of previously-unseen footage, and by the accounts of those who had seen the original release (we hadn't), it was a substantially different film. (Apparently, Ryan Philippe's character Shane was much more straight-laced in the released version. In the director's cut, he gets quite immersed in the sex and drugs scene.) The real Studio 54 was before my time, but now I feel as though I got a taste of it from this film. The glamour, the decadence, the music, the lights, the drugs, and the sex. Mike Meyers gives a great performance as Steve Rubell, the club owner, choosing his crowd, both rewarding and exploiting his employees, and passing a ton of cash through the operation in garbage bags out the back door to evade the IRS, and high as a kite through it all. Ryan Philippe is good as the young Jersey boy who gets chosen to be a bartender, rises high on his good looks, and loses most of his innocence before the party comes crashing to a harsh end between a drug overdose and an IRS bust. The party was sure fabulous before the drugs wore off, and seeing this film was the second-best thing to having been there (and certainly a healthier way to experience it). This was definitely a rough cut, but thanks to director Mark Christopher for sharing his original vision with us.
Friday, July 11, 2008
BOOKS: Infidel
Monday, July 07, 2008
End the HIV Travel Ban
Sunday, July 06, 2008
FILM: Get Smart
Friday, July 04, 2008
He's Hussein, She's Hussein, and I'm Hussein Too
And, and by the way, if anyone wants to know what a real American patriot looks like, they should check out this video of Barack Hussein Obama's speech given in Independence, Missouri, a few days ago in anticipation of Independence Day.
Barack Obama: Speech on Patriotism.
June 30, 2008. Independence, MO. (Full text here.)
Sunday, June 29, 2008
OPERA: La Rondine
Tuesday, June 24, 2008
Remembering a 1993 Gay Wedding
Almost exactly fifteen years ago, I not only attended my first gay wedding, but I was asked to speak as part of the ceremony. The ceremony was well-attended by family on both sides, including cousins, nieces, nephews, and an 84-year old great-grandmother, about 120 people in all. The ceremony included speeches by both grooms, and by the judge who presided. It concluded with the grooms' signing of a calligraphed parchment which was a legal contract including exchange of durable powers of attorney, then duly notarized by a lesbian friend and notary public, and then signed by all guests in attendance as legal witnesses. And both grooms stomped on wine glasses simultaneously as the crowd cheered "Mazel Tov!".
In my introduction speech, I attempted to explain the full meaning of this event to this largely straight and Jewish gathering...
June 19, 1993
Croton-on-Hudson
There is a movement in modern Judaism called the Reconstructionist movement. The Reconstructionists are like Reform Jews in that they do not accept tradition without questioning: they do not want rote ritual devoid of modern personal meaning. For them, "because the book says so" or "because my grandparents did it that way" are not sufficient reasons for religious practice. Yet many Reconstructionists end up looking like Conservative Jews, continuing a great many of the traditional practices by coming up with modern symbolic interpretations for the old ways. A Reconstructionist is someone who takes all of the items of their faith, and considers each one, whether it is truly meaningful or whether it should be abandoned---just as someone packing to move to a new home goes through each of their possessions and decides whether to keep it or whether to leave it behind.
To be gay is to be Reconstructionist about one's whole life. All of us---gay or straight, Jewish or not Jewish---receive from our culture ideas about how we will live our lives. We come to know the expectations of our society, as we see the examples of how our family and friends live, and as we learn the hopes and dreams they have for themselves and for us. And from this rich pool of ideas, we come to shape our own vision of how we will live our lives.
But some of us have a crisis point in our lives that calls everything into question. For the first 20 years of my life, I had always pictured myself growing up to lead a life not unlike my parents: being a career engineer like my father, falling in love with a woman, getting married, having children. Then I discovered that I was gay. Every hope, every dream, every idea I had ever had about how my life would unfold seemed shattered beyond repair. And there was nothing to replace it. Family, friends, society offered no examples, no visions of what a good life for a gay man might be like. Slowly, after months and years of coming out to friends and family, of discovering a whole gay community, and of discovering that some of my own friends were also gay (including the boy who grew up next door), I have rebuilt a positive vision of what my life could and should be like.
Thus, coming out as a gay man or woman means being a Reconstructionist in a radical way. It is more than moving to a new home and sifting through your old possessions. It is like having your home burn down to the ground. While losing your home and all your worldly possessions is obviously traumatic, it is also a unique opportunity to measure which things in your life are truly essential. When a new home is built out of the ashes, every piece is carefully considered and nothing is taken for granted. While the new home is necessarily different from the old one, old ideas which are still good are reconstructed in the new. Thus, Doug and Jeff, in constructing their vision of living as gay men, have chosen to incorporate the tradition of marriage and a wedding.
Unlike many couples, Doug and Jeff do not marry today because it was expected of them or encouraged. It was not. They will not live their lives as a married couple because it will be easy, a well-worn path of least resistance. It will not be easy. Some of you, like my mother, may have encountered some trouble trying to find their wedding gift registry at Williams-Sonoma. It seems their computers and their personnel get a bit flustered when there are two grooms and no bride. This is just a small taste of the hundreds of denials and discountenances that Doug and Jeff will face. They have given their decision to wed a great deal of reflection and consideration, and they are here today, not because it is easy or expected or encouraged, but only for the best of reasons. Despite the difficulties they may face, they freely and knowingly choose to celebrate their love and their lifelong commitment to each other in loving partnership. As friends and family, we are an important part of this ceremony. Since the state will not recognize this marriage, and society will not encourage it, we must vow to give them our encouragement, our love, and our support in their commitment.
Jewish tradition teaches us that we have a special purpose in this world called tikun olam, the completion of creation. The rabbis say that when G*d created the world, He intentionally created it unfinished, so that we would have this purpose in our lives: to complete the job of creation. The world is like a huge, brilliant, beautiful jigsaw puzzle that G*d created, but left for us to assemble. Only at the end of time will the puzzle be completed and the whole picture revealed, but through our lives, each of us will contribute a part, will put a piece in place, and another part of the picture will become clear. Doug and Jeff's marriage is a fulfillment of the Jewish mission of tikun olam. The satisfaction they have found in their union is the satisfaction of two puzzle pieces being put together. Just as two pieces assembled show more of the picture than either piece by itself, the union of these two men will contribute more to the world than could two individuals separately. And as the picture revealed by two assembled pieces increases the momentum to put more pieces together, Jeff and Doug's example will provide a light to others and contribute a new positive gay vision to our culture. Today in their marriage, we witness and we celebrate the further creation of the world.
Sunday, June 22, 2008
Celebrating a Marriage and Marriages in General
It was in that setting that we were delighted and honored to witness the wedding of our friends Tom and Art, who have been together for 16 years. In some sense, they have been married for many years, and I witnessed their marriage in San Francisco in 2004 (those marriages were officially annulled by the court). And in that sense, today's ceremony was really a "renewal of vows" or a "state recognition ceremony". (Tom and Art viewed it as their second, and hopefully last, civil ceremony, and intend to have a church wedding with the big reception after November.) But despite those technicalities, and the inevitable sense of making a political statement, once it got down to it, it was clear to all of us there, including the participants, that this was a wedding, with all the same solemnity and all the joy of weddings everywhere. We all got choked up at the vows, and caught up in watching two people reaffirm their commitment to each other, and to an ideal celebrated by us all -- to love, honor, and cherish, for better or for worse, so long as they both shall live. There's something about the public declaration of a high noble purpose that strengthens and ennobles the declarers, and better enables them to reach their lofty aim. I think that's part of what makes weddings so emotional, that they are positively transformative.
That ideal, of a lifetime together through better and worse, is one of the highest and most celebrated in our culture. And there's nothing gay or straight about it. It is a human ideal, a calling of the values we were raised with, gay and straight alike. One thing that has struck me about the gay weddings I have seen is how not different they are from straight weddings. The content of the ceremony -- the promises and vows exchanged, the prayers, the blessing of the rings -- is identical. The form is entirely familiar. The joy, the solemnity, and the emotion are the same. The only notable differences are the additional emotion of long-awaited justice (in every ceremony last week, there was a big whoop when they got to the "by the power vested in me by the State of California" part), and in the duration of the relationships of most of the couples getting married. With most straight weddings, the vows are entered into with hope at the outset of their lifetime together. With most gay weddings (at this point in time, though it will change in the future), the vows entered into have substantial years of proof behind them backing up the hope for the future. Couples like Tom and Art (together 16 years), or our friends Steve and Scott (together 14 years) who married earlier in the week, or the many other couples we've seen in the papers who have shared decades (like the women in San Francisco who'd been together 55 years!), those couples know a thing or two about what it takes to stay together for better or for worse. And many of those in our community know too well about "in sickness and in health". Often at the beginning of a wedding ceremony, the celebrant will say something about how marriage is a solemn estate, not to be entered into lightly or unadvisedly. We know. Some of us have been practicing marriage for quite some time. And we do not enter into it lightly.
Sunday, June 15, 2008
June! Peaches!
Saturday, June 14, 2008
STAGE: Macbeth3
LA Women's Shakespeare Company and The Dogsbody have produced an extraordinary production of Macbeth. First, the play has been pared down to its essentials, being performed by only three actors and coming at only an hour or so. But even though the production is "bounded by a nutshell" in time and space (the Ruby Theatre is about a 50-seater), director Lisa Wolpe "counts herself king of infinite space" by doing a very psychological version of the play, very subjective, set inside the increasingly undone mind of Macbeth. With a quick shift of voice, posture, and lighting, the same actors transform in an instant from Macbeth and Banquo to witches and back, effectively covering multiple characters with the spare cast, or perhaps suggesting that the witches were voices and visions inside Macbeth's head. In the banquet scene, the director has cleverly inverted the traditional staging to great effect. We expect to see discomfited dinner guests on stage watching Macbeth become frightened by thin air. In this version, the bloody Banquo is physically present on stage, while there are no guests, leaving Lady Macbeth to turn apologetically to the audience, as if we were the guests. It was an excellent way to play it from inside Macbeth's head. The three actors all performed admirably in gender-swapped roles, with Kate Roxburgh doing a powerful Macbeth, Gavin McClure as Lady Macbeth and Satan, and Lisa Wolpe doing a compelling MacDuff, Banquo (alive and ghostly), Duncan and various other parts. Wolpe gave an especially memorable turn as a demonic porter (the audience applauded at the end of the bit, as at the end of a great jazz solo riff). The production was also impressive, as much was made of a small spare set, with good lighting and sound. A cauldron in midstage provided a threatrical entrance and exit for Satan, witches, and even the porter, as well as a final exit for Lady Macbeth, whom we see plunging into hell. And great sounds, like the screech of an owl and a raven, really turned the screw. The knocking on the castle door just after the murder was never so thunderous or ominous as it was in this very intense psychological production. This was the last weekend for the show in LA, but they're taking it to London in July, and to the Edinburgh Fringe Festival in September.
Wednesday, June 04, 2008
Justice Without Delay
Those who decried the Court "disregarding the will of the people" (a fundamental misunderstanding of how our constitutional form of government is supposed to work, which I have discussed before) are now indignant about the "arrogance" of the Court in not being able to wait until November to see the outcome of the election. These same people complain about the arrogant Court supposedly usurping the prerogative of the legislative branch, as well as the people, and "making policy decisions, not legal ones". I find that ironic. The Supreme Court has interpreted the Constitution as it stands today, which is exactly what their constitutional role is. Theirs is not to speculate about how the Constitution might be amended pending the outcome of future elections. That would be a political decision, not a legal one.
I found the same irony in reading the dissenting opinions, in the notion of present political powerlessness as a criterion for identifying a "suspect class". The dissenters urged that the Court should take notice of the legislative progress in advancing gay rights, and hold this against finding sexual orientation to be a suspect class. They also seemed to suggest that the Court should not step in to a matter where there had been active legislative advances. But such judgments, about progress and political power, are political judgments, not legal ones. The legal judgment should consider the law in question against the Constitution, pure and simple. Either the law is constitutional or it isn't. That decision should be timeless, and without regard to current political circumstances. Yet these same people (including the dissenting Justices) who cry that the Court overstepped its role and made a political decision, are wanting the Court take notice of political considerations. Whether gays are "powerless" or "powerful", whether the legislature is making sufficient "progress", those are not legal considerations. The Court, in reaching its decision, properly looked only to the constitutional law.
Even more strange, if the dissenters' suggestions to consider progress and power are taken seriously, the logical conclusion is that the Court should have recognized the infringement of fundamental rights when the question was first brought in the 1970s, when gays were powerless and there was no progress. Apparently, had the dissenting Justices been on the Court thirty-five years ago, they would have ruled in favor of gay marriage then, when the injustice was even more stark. But if it was unconstitutional then, it is unconstitutional now. Assuming you're not "overstepping". Tell me again who's making political decisions?
In any event, it's nice to know that all seven Justices are in agreement that justice delayed is justice denied.
Tuesday, June 03, 2008
Making No Decisions Tonight
I Don't Always Agree With Andrew
Sunday, June 01, 2008
FILM: Sex and the City
We saw Sex and the City last night with a bunch of friends (at the Americana, natch) and it was a hoot. We loved it. In fact, a couple of our friends had seen it on Friday night and were happy to see it again with us the very next night. I think we'd see it again. It was nothing profound, mind you, and much of the plot was fairly predictable. (In the film, Carrie Bradshaw is working on her latest book, this one about Love and what it's like having found it. I don't have high expectations that she'd have much to add to the classical canon that is alluded to in the film.) None the less, it is delightful to see the girls go through all their amorous antics, and to see how their lives have unfolded three years after the TV series left us off. (I should note that it's not crucial to have seen the TV show. George and I had only seen it a few times, never having had HBO, and we still loved the movie.) It had some great laughs, and it had a few touching moments, and everything in between was as fun as a New York cocktail party. The actresses were all in top form, and the characters were as fresh, funny, and sassy as we fondly remembered them, not to mention over-the-top coutoured and accessorized.
Thursday, May 29, 2008
Eleven Hours At A Mall
Monday, May 26, 2008
FILM: Indiana Jones and the Kingdom of the Crystal Skull
We enjoyed the much-anticipated Indiana Jones film quite a lot, although it may have helped that we'd heard lukewarm reviews, and thus arrived expecting the plot to be a hash, and with a heaping willing suspension of disbelief. Of course we also came with a heap of good will from the previous films, and looking forward to seeing a beloved character again. Sure, Harrison Ford is a lot older, but he's not too old to bring Indy back to life. An older Indy, of course, and with a bit of self-deprecation at his age, but still plenty capable of dashing through a great adventure. The suspension of disbelief was essential, not only for watching Indy dodge an incredible number of bullets and poison blowdarts (that was "old hat" for him), but for a ride down the Amazon in an amphibious vehicle that verged on jumping the shark. The 1950s period texture was nicely done, with Indy now post-WWII, and instead of Nazis to battle, he's now got the Russians (as well as the McCarthyites). Cate Blanchett did a nice turn as a charicature James Bond-inspired Russian villain, and Shia LeBoeuf gave a strong debut performance that gives hope for the future of the franchise. The whole movie felt just like a Disney ride, with imaginative scenery, familiar characters, some playful drops and sudden turns, secure in the knowledge that you were following a track that would end up safely, and all good fun along the way.
Friday, May 23, 2008
Rosemary Chevre Gelato
Wednesday, May 21, 2008
Judicial Activism? Or Just Doing Their Job?
The Bill of Rights exists to protect the rights of unpopular minorities from being trampled by majorities. Although we live in a democracy, the majority does NOT always rule. That would be a "mob-ocracy", something our founding fathers wisely feared, and which is why they created a system of government with many checks and balances, including a Bill of Rights. One of the crucial jobs of the courts, especially Supreme Courts, is to interpret the Constitution, and to overrule laws that would violate constitutional rights. Thus, when a challenged law violates constitutional rights, it does NOT matter that the law was duly enacted by the Legislature, or by an initiative statute by vote of the people. In such cases, it is the proper job of the court to find the law unconstitutional, and to strike it down. This is not "legislating from the bench", it is interpreting the constitution. It is not a violation of the separation of powers, it is the completely proper functioning of an independent judiciary within a properly functioning separation-of-powers system. This has been understood to be the case in our nation since Marbury v. Madison was decided by the U.S. Supreme Court in 1803, and is a most cherished and fundamental precedent.
When a law violates constitutional rights, it does not matter that the law has broad popular support, or that the law has substantial weight of history and tradition behind it. There are numerous instances in our history where it fell to the courts to rectify the longstanding codification of infringed liberties and unequal protection. It is precisely when a disparaged minority is aggrieved by tradition and popular opinion that it falls to the courts to protect them. It would be nonsensical and self-defeating for the courts, in such cases, to give any weight to tradition or to popular opinion. The only thing on the court's mind is and ought to be the constitution and the laws they are to interpret. Tradition and popular opinion have no place in the process. If it were otherwise, we would still have segregated schools, all-male juries, and bans on mixed-race marriages.
Admittedly, tradition and popular opinion are powerful forces, and it can be difficult to keep them in historical perspective. It is easy to forget that older decisions now widely accepted were once highly controversial. Now in 2008, most Americans are rightly embarrassed about our history of segregated schools half a century ago, and most Americans would be rightly shocked and appalled at the notion that police might burst into someone's bedroom and arrest them for having a mixed-race marriage, or for using contraception. But in 1951, when Oliver Brown challenged the segregated school system in Kansas, his cause was by no means a popular one. In an early morning in 1958, when Richard and Mildred Loving were awakened to police flashlights shining in their faces, and demands of "Mr. Loving, who is this black woman in your bed?", longstanding tradition was not on their side. In 1961, when Estelle Griswold was arrested for opening a birth control clinic in Connecticut, tradition and popular opinion weighed heavily against her. And certainly back in 1948, when Andrea Perez (a Mexican-American) and Sylvester Davis (a black man) were denied a marriage license in Los Angeles, few people saw the injustice. Half a century later, the injustice of these situations is widely recognized, and we can be thankful that judges at the time had the wisdom and the courage to take the side of the constitution even against tradition and popular opinion. Even so, one can recognize the justice of long-past controversies, while failing to recognize similar calls to justice in present-day controversies. As Chief Justice George quoted the U.S. Supreme Court, "times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress."
It seems to me that those who cry "judicial activism" must either competely reject a long and proud tradition of judicial review, or explain why it was appropriate to disregard tradition and popular opinion in Perez v. Sharp, Brown v. Board of Education, Loving v. Virginia, Griswold v. Connecticut, and other celebrated cases, while deferring to tradition and popular opinion in whatever unpopular constitutional case is at hand.
Sunday, May 18, 2008
In Re Marriage Cases - The Opinion
While all parties in these cases agreed that there was a fundamental right to marry, they differed as to whether that right substantively meant marrying the person of your choice, or marrying the opposite-gender person of your choice. The exclusionists argued that a gay man and a straight man both have an equal right to marry a woman, so what are we complaining about? Nonsense, said the Court. Our right to marry the person of our choice is a fundamental aspect of our individual identity and personal autonomy, and saying a gay man has the right to marry a woman is no right at all. The Court repeatedly harkened back to Perez v. Sharp, the landmark 1948 California Supreme Court decision that overturned laws against interracial marriage. They noted that similar arguments were applied then: a person had the right to marry the person of their choice, any white man could choose his own white wife, and any non-white man could choose his own non-white wife. The logic was wrong then, and it's wrong now. Formulating a substantive right so narrowly that it inherently excludes a class of citizens is just discrimination in a semantic disguise, and the Court rightly rejected it.
The Court also dismissed the notion that sexual orientation discrimination was a form of gender discrimination. This argument is often made by gay marriage proponents, because gender discrimination is an established "suspect class" (meaning that courts guard against that kind of discrimination more stringently) while sexual orientation is not. Thus, in order to claim the more protected status, arguments are framed in terms of gender discrimination. A gay man could marry a woman, but not a man, the only difference being the gender of the spouse, so there's gender discrimination going on, or so the argument goes. Not so fast, said the Court. We all understand what gender discrimination is, it's when laws disfavor women and favor men, and that's not what's going on here. What's going on here is discrimination based on sexual orientation, not gender. The Court called a spade a spade. Fortunately, the Court went on to establish sexual orientation as a "suspect class" in its own right (a new precedent), worthy of the same protections as gender, race, and religion. In other words, the Court said that while there isn't any gender discrimination going on here, there is sexual orientation discrimination going on, and that's just as unconstitutional.
While the appellate court had reached the same conclusions about gender versus sexual orientation discrimination, they balked at recognizing sexual orientation as a suspect class, because of the requirement that it be based on an "immutable" trait. The "immutability" of sexual orientation is a matter of some factual dispute, and the appellate judges felt the trial record lacked appropriate fact-finding to reach a legal decision on that. The Supreme Court, applying some common sense, reasoned that they did not need to find scientific certainty of biological immutability for their legal purposes. They noted that religion is among the recognized "suspect classes", and nobody would claim that you're born a particular religion and can't choose to change. Rather, because a person’s religion is so integral an aspect of one’s identity, it is not appropriate to require a person to repudiate or change his or her religion in order to avoid discriminatory treatment. Sexual orientation, the Court recognized, is "immutable" in the same way that religion is.
On a technical side argument, the Court eschewed the hairsplitting that gay marriage proponents had been spinning in regard to "Prop 22", the 2000 ballot initiative that said "Only marriage between a man and a woman is valid or recognized in California." This initiative statute was passed at a time when Californians were afraid they might be forced to recognize out-of-state gay marriages (Hawaii was the big threat at the time), and the language was placed in the legal code at a point that was describing recognition of marriages from outside jurisdictions. Gay marriage proponents, splitting hairs, claimed that the placement of the language meant that it only applied to California's recognition of gay marriages from outside states, and thus it did not preclude the California legislature from legalizing gay marriage within the state. Twice, the California legislature has passed such a bill, and twice Governor Schwarzenegger has vetoed it, saying that it violates the will of the people as expressed in Prop 22. (His position was that either the people had to overturn their own initiative, or the Court had to rule it unconstitutional, but either way, it was not up to the Legislature.) The Supreme Court opinion fully validated the Governor's position. Even though they ultimately rejected "Prop 22" as unconstitutional, they took the time to note that Prop 22 would have been interpreted to govern all marriages in California, and not just out-of-state ones. The clear implication being that had the Governor signed the Legislature's gay marriage bills, the Court would have shot them down as being in conflict with Prop 22 (which being a voter initiative, would take precedence over legislative action). No hairsplitting for this Court.
Finally, the Court gave a robust and common-sense rejoinder to the question of what's in a name. The Court noted the overall context of the question at hand, in that California has created a legal category called "domestic partnership", which is open to same-sex couples, and which gives domestic partners all of the same rights and responsibilities as spouses. So, the Attorney General asked, if the state provides all of the same rights and responsibilities to same-sex domestic partners as it provides to opposite-sex married couples, and the only difference is the name ("domestic partnership" vs "marriage"), isn't that equal protection of the law? No, said the Court, as we have learned from history, "separate but equal" is not equal. By reserving to one class of persons and denying to another the name with strong traditional and symbolic significance, the Court said that the state was denying equal "dignity, respect, and stature", which are themselves a substantive part of the right to marry. Not only is this a strong symbolic disability, the Court found, but because of the historic disparagement of gay people, the creation of a parallel but separate status is likely to convey a "second class" status, and signal a difference in dignity and respect. Moreover, because the newly minted "domestic partner" status will not have the same recognition and familiarity of marriage, domestic partners are likely to encounter difficulties and complications in the practical exercise of even those rights which are legally conveyed. Demonstrating a substantive understanding of the realities of the situation, the Court recognized that this "mere" difference of nomenclature has far more impact than "just a name".
Thus it was that a Chief Justice with a reputation as a "careful jurist" and a "moderate Republican" was joined by three other judges (two of them Republican) in writing this:
we conclude that, under this state’s Constitution, the constitutionally based right to marry properly must be understood to encompass the core set of basic substantive legal rights and attributes traditionally associated with marriage that are so integral to an individual’s liberty and personal autonomy that they may not be eliminated or abrogated by the Legislature or by the electorate through the statutory initiative process. These core substantive rights include, most fundamentally, the opportunity of an individual to establish — with the person with whom the individual has chosen to share his or her life — an officially recognized and protected family possessing mutual rights and responsibilities and entitled to the same respect and dignity accorded a union traditionally designated as marriage. As past cases establish, the substantive right of two adults who share a loving relationship to join together to establish an officially recognized family of their own — and, if the couple chooses, to raise children within that family — constitutes a vitally important attribute of the fundamental interest in liberty and personal autonomy that the California Constitution secures to all persons for the benefit of both the individual and society. [In Re Marriage Cases, Cal. Sup. Ct. S147999, pp. 6-7]
Saturday, May 17, 2008
FILM: Chronicles of Narnia: Prince Caspian
Not having read the Narnia books, we can't say whether Prince Caspian is faithful to them, but we certainly felt it was a faithful follow-up to the first Narnia film. If you enjoyed the first one, you should enjoy the second one. And if you thought the first one didn't have enough swashbuckling and sword-fighting, then you'll like the second one even better. If you love Aslan, well, we don't see much of him until he turns up for the "deus ex leo" ending, but he's as impressive in his CGI glory as before. The four young actors have all grown a bit, which suits the story perfectly. Although older, the characters are still kids, and make youthful mistakes, as does the new character, Prince Caspian (played by Ben Barnes, who is easy enough on the eyes to make me forgive his belabored pseudo-slavic accent). All in all, the film is entertaining, and good wholesome fantasy fare.
Saturday, May 10, 2008
FILM: Iron Man
Though Marvel comics isn't our favorite genre (I enjoy it much more than George), we both thought Iron Man was superb. Robert Downey Jr. delivered the perfect Tony Stark, a sassy full-of-himself genius military technology industrialist with a true heart and pure patriotism, while Jeff Bridges was a spot-on ruthless big "good old boy", and Gwyneth Paltrow was wonderful as Stark's cool, efficient Moneypenny-like personal assistant. While we're definitely in a Marvel comic universe (Marvel's "heroes" often being a bit more nuanced and not just one-dimensional), director Jon Favreau does a great job coloring this well-paced action flick with balanced touches of self-conscious humor and real humanity in the characters. A scene when Paltrow's character jokes with Tony Stark about him being a secret superhero and her being the one he trusts with his secret does both at the same time -- playing with comicbook conventions while exposing the unresolved feelings between the two. The story is deftly set in a very contemporary anti-terrorism context, and the superhero action sequences are very cool. My personal favorite superhero moment comes relatively early in the movie, when "Iron Man" confronts a group of terrorists holding some innocent villagers hostage. The way he dispatches them is a spontaneous applause moment, and had me thinking "Wow, Northrop Grumman ought to be building some of that!"
Thursday, May 08, 2008
Marriage Quality Review Board, Anyone?
David likes to seek unexpected common ground between divergent viewpoints, and over at marriagedebate.com, he comes up with a challenge for same-sex marriage advocates. If we're serious about respecting and preserving the traditional values underlying marriage, David asks, can we all agree not to legitimize "Daddy-boy" relationships by including them in any future revision of the definition of marriage? He's referring not to any actual incestuous relationships, but to relationships between consenting adult males where there is a large age difference, where the partners may refer to each other as "Daddy" and "my boy", and where a little whiff of taboo might give them a kinky erotic charge. By playing up the resemblance to incest, David hopes that it will be a slam-dunk for all of us decent folks to agree to exclude those kinky Daddy-boy couples from the definition of marriage.
Alas, it is David who is unwittingly proposing a significant and dangerous alteration to the definition of marriage. Historically, the official (i.e., legal) definition of marriage has always been a matter of a few clearly adjudicable requirements: opposite gender, minimum age, no common grandparents, and not already married to someone else. Any consenting couple who met those qualifications could get a marriage license. Whether the groom was a known wife-beater, whether the bride was on her tenth marriage, whether the couple were separated by several decades and a vast income disparity, the state did not inquire. Traditionally, the state has humbly held that the marrying parties themselves were in a better position than the state to judge the appropriateness of the union. But now David proposes to change that, suggesting that perhaps the state does know better after all. In order to preserve the dignity of the hallowed institution, so that no inappropriate role models would gain the imprimatur of state-sanctioned marriage, it now seems necessary for the state to poke its nose under the connubial covers.
I don't know how exactly David imagines implementing his proposal. Would there be a state marriage quality board comprised of moral authorities who would interview marriage license applicants (along with their references, neighbors and co-workers) to pass judgment on each marriage? If so, would there be periodic reviews of existing marriages to make sure that the moral quality hadn't declined? Will this be narrowly tailored to only exclude those who actually get kicks out of pretending to violate a taboo, or would merely using the term "Daddy" be a prima facie violation? Should we impose a maximum age difference on all marriages just to be safe? Instead of a review board, perhaps there would simply be an affidavit as part of the marriage license application, asking the spouses to disavow any kinky business. If so, how would that be enforced? Could any citizen bring charges against a neighbor whose marriage was creating a moral hazard? Would they be criminal or civil?
Remind me again - how is this proposal conservative or traditional?
Sunday, May 04, 2008
FILM: Son of Rambow
Making a quiet opening this weekend in the shadow of Iron Man and Made of Honor, was the charming small British film Son of Rambow, an exploration of boyhood and imagination whose authenticity harkens Stand By Me from over twenty years ago. The film soars on the brilliant performances of the two middle-school-aged actors (Bill Milner and Will Poulter) who bring to life the two characters who dominate the film, Will Proudfoot, a small quiet boy with a vivid imagination and talent for drawing whose family belongs to an Amish-like sect called "the brethren", and Lee Carter, a tough troublemaker with a passion for film-making who is very loosely supervised by an older brother and constantly traveling parents. These unlikely collaborators meet in the school hallway because one is constantly being put out of the classroom for bad behavior and the other is constantly being put out of the classroom whenever the teacher shows a film or documentary TV show because he's not allowed to watch TV. Once they meet and find a common outlet for their combined talents in the making of an action-adventure film, their own lives become an adventure. The film mostly shows us these two boys making their film, in a way that's infused with subjectivity, with the boundaries between reality and imagination, as well as film versus film-within-film, being occasionally blurred. Sometimes we're in Will's mind, with animated action seeping into the real world, and other times we're in Lee's head, seeing his world through his camera lens. Even the "real world" is a boys' world, with abandoned industrial sites looking like a playground and every tree, field, and stream being a site for adventure. The dialog and the visual subjectivity are so completely natural and unself-conscious that one might forget that there was a writer and director at work here, so transparent is the hand of writer-director Garth Jennings. Before I realized it, this unique story had not only charmed me, but showed me something of boyhood character, friendship, and imagination.
