|
CasidheMcCloneFirstEssay 5 - 05 Jun 2016 - Main.EbenMoglen
|
| |
| META TOPICPARENT | name="FirstEssay" |
|---|
| | | I doubt that’s a novel approach, but I don’t think it’s one we discussed enough in criminal law. It’s certainly not as flushed out as a lawyer’s theory of social action should be. I do think it’s something to build on while I’m interning at a DA’s office this summer. It’s not an obvious choice for a prosecutor’s philosophy, and it’s probably at odds with ambition. I’d imagine it’s hard to move up in prosecution without that ever-growing conviction record, and any campaign I ever make for District Attorney is going to be a lot less successful if my opponents can claim I’ve been “weak” on crime.
Jordan doesn’t have nearly the exposure of mainstream guitarists such as Slash, Morello, Van Halen, or Jack White. This seems patently unfair, and it is. Of course, most of the best guitarists out there don’t get much exposure. Even Michael Hedges, a Grammy winner, will be a foreign name to most readers. But when I compare the great and obscure guitarists with the loud and popular ones, it takes no difficulty for me to decide I’d rather be in the former camp. Jordan does good. He doesn’t necessarily do well by doing good, but he definitely does good- he is good. He’s one of the best. And he has a right to remind himself of that anytime he plays one of his custom guitars. I don’t think he does though. I think he’s too involved in the music to care about anything else.
\ No newline at end of file | |
>
> |
It was the right question, now. You don't need an answer at the
moment, so long as you don't forget the question while you go
through law school. You are inventing your way of using the
license. How you came to it will come to you once you've done it.
Just keep your ears open.
| | | \ No newline at end of file |
|
|
CasidheMcCloneFirstEssay 4 - 15 May 2016 - Main.CasidheMcClone
|
| |
| META TOPICPARENT | name="FirstEssay" |
|---|
| |
<
< | Plan | >
> | On Approaches | | | -- By CasidheMcClone - 19 Feb 2016
| |
<
< | My plan after graduation is to work in prosecution, preferably for a District Attorney’s office in California. This has been my plan since before I started law school, but it has since become clearer to me that this is what I want to do. | >
> | A very small number of people will vehemently disagree with this statement: the traditional methods of playing the guitar are almost tapped out. This is bad news for those people who, deep down, still want to be rock stars. Simply put, there’s very few ways that you can use the same methods and make the instrument sound new. You’re not going to rock harder than Hendrix or Satriani, and you’re not going to play faster than Morse or Vai. You’re not going to get more expressive than Santana or BB King. You can try and play smart, but your compositions aren’t going to be as complex as Hedges’. With enough training and practice, you could probably play his stuff better than he did, but Kaki King beat you to it. Technically, you could always try and get attention by pairing the guitar with something else: some additional part of the act that isn’t dependent on playing at all. But for the purpose of this essay, I’m not considering spectacle, and besides, some of the people already mentioned have done that better than the modern aspiring guitarist can hope for (See Hendrix’s burning strat, or Kaki King’s visual approach to songwriting). | | | | |
<
< | Conversations I’ve had with alumni, both from CLS and my undergrad, have helped me to see that I’d be much happier in a government office than in a large firm. My friends who work for Attorneys General or in District Attorneys’ offices all seem legitimately happy to me. On the other hand, friends of mine or CLS grads I’ve met who are currently in large firms don’t seem to genuinely like their jobs. When I ask them if they like their work, they always answer in the tone of an argument, as if they are trying to convince themselves of what they’re saying.
Back when I was picking law schools, a DA told me that he was proud of his work because he considered it inherently moral. “If you think someone is guilty,” he said, “you prosecute. And if you don’t think they’re guilty, you don’t.” That’s obviously a gross simplification, but the concept appealed to me. | >
> | All of this doesn’t mean that the instrument isn’t worth playing; it just means that if you pick in one hand and hold notes with the other, it’s going to be very, very difficult to break the mold. But Stanley Jordan has shattered it. More impressive is the way he shattered it: by getting a unique sound out of an instrument played by hundreds of millions of people worldwide. Jordan’s tracks are at once sonically soothing and theoretically rigorous. There’s a lot happening on one instrument when Jordan plays, and it takes no small amount of effort for a listening guitarist to navigate the auditory maze. Simultaneous melody lines play in harmony on a single electric six string (brand?), and Jordan seems to be able to fit a rifling solo wherever he wants one. Jordan’s take to on the guitar solo is incredible. He is capable of playing his own rhythm line with one hand while delivering riffs at Morse-like speed with the other. It is, frankly, nuts. | | | | |
<
< | Of course, there are many problems with our countries criminal justice system, and many of them are problems specifically with the discretion allowed to DA offices. Prosecutors around the country abuse discretion in a number of ways, many of which are based on racial bias. There are also extreme problems with the disparate impact that the criminal justice system has on the poor. Also, a DA’s office often will have close ties to police departments, so many police crimes go unprosecuted. | >
> | At this point, I know more about guitar playing than I do about being a lawyer. That would be great, if I wanted to be a guitarist. But I want to be a lawyer. The most important thing you can do in just about any profession is bring something to the game that everyone else can’t, or at least that everyone else hasn’t thought to bring. But with so little experience, how can I find out what that is? Is it something I can figure out, like a puzzle? Or is it more of an exercise in observation, looking for opportunities that others either don’t see or don’t care about? | | | | |
<
< | Because of these problems, I think that responsible prosecution can do a lot for making the system more just. A prosecutor has to remember that he or she has an obligation to the defendant as well as to the community. I think I could do a good job of keeping that obligation in mind. Part of that is having respect for the defense counsel, and for Public Defenders in particular, whose jobs are much more difficult. | >
> | Stanley Jordan developed his “touch-tap” method of playing the guitar by approaching the instrument as a pianist. The method has gotten attention recently, and you can find videos of kids playing popular theme songs with it. Some guitarists, such as John Butler, have successfully blended it with more traditional finger-picking methods. But no one I know of is as good at it as Stanley Jordan is. | | | | |
<
< | My interview for my summer internship for a CA DA’s office drove this point home for me. The interviewer, a Deputy DA, spent a lot of time talking with me about how her office considered itself a representative of the defendant as well as a representative of the county. She very much believed what she was saying. That meant a lot to me.
Anyways, my plan is to go into prosecution, and depending on how that goes, maybe I’ll end up in defense at some point as well. I don’t think I’ve got enough guts to become a Public Defender right out of law school, but I think I’d give it a shot if I can get some experience under my belt. Similarly, I can see myself moving in the direction of private defense, maybe with my own smalltime practice. | >
> | So if Jordan broke the mold by playing the guitar like a piano, how do I break the mold of my career? The answer isn’t obvious, and I’m not even sure how or where I’m supposed to be looking. | | | | |
<
< | I don’t think I’ll ever become Robinson. But who knows? Maybe metamorphism is something you don’t see coming. | | | \ No newline at end of file | |
>
> | I want to do prosecution after graduation. Maybe the way I can bring something different to the table is by approaching prosecution like defense. A district attorney is representing the county, defending the common good. However, I mean in terms of the actual defendant. Maybe I should approach prosecution with the defense of the accused in mind. They are, after all, a part of the community. So when an attorney attempts to prosecute a defendant, that defendant is a part of the community the prosecutor is representing. The prosecutor has a duty to the defendant, a duty to make sure justice is in fact just. A duty to avoid unethical pressuring, to avoid sneaking in evidence obtained improperly, and not to rely on an overworked and understaffed Public Defender’s office in a decision to bring a weak case to trial. Most importantly and most often forgotten, a prosecutor has a duty not to prosecute if they aren’t sure of the defendant’s guilt.
I doubt that’s a novel approach, but I don’t think it’s one we discussed enough in criminal law. It’s certainly not as flushed out as a lawyer’s theory of social action should be. I do think it’s something to build on while I’m interning at a DA’s office this summer. It’s not an obvious choice for a prosecutor’s philosophy, and it’s probably at odds with ambition. I’d imagine it’s hard to move up in prosecution without that ever-growing conviction record, and any campaign I ever make for District Attorney is going to be a lot less successful if my opponents can claim I’ve been “weak” on crime.
Jordan doesn’t have nearly the exposure of mainstream guitarists such as Slash, Morello, Van Halen, or Jack White. This seems patently unfair, and it is. Of course, most of the best guitarists out there don’t get much exposure. Even Michael Hedges, a Grammy winner, will be a foreign name to most readers. But when I compare the great and obscure guitarists with the loud and popular ones, it takes no difficulty for me to decide I’d rather be in the former camp. Jordan does good. He doesn’t necessarily do well by doing good, but he definitely does good- he is good. He’s one of the best. And he has a right to remind himself of that anytime he plays one of his custom guitars. I don’t think he does though. I think he’s too involved in the music to care about anything else. | | | \ No newline at end of file |
|
|
CasidheMcCloneFirstEssay 3 - 17 Apr 2016 - Main.CasidheMcClone
|
| |
| META TOPICPARENT | name="FirstEssay" |
|---|
| |
<
< | Presence and Absence in Swimming | >
> | Plan | | | -- By CasidheMcClone - 19 Feb 2016 | |
<
< | Swimming is all about absence. It is mechanical, and automatic. Left, right, breathe, left, right, left, breathe, turn. Once a swimmer knows the motions, he doesn’t need to be in the pool. Only his body does.
Swimming in a pool is absence
Swimming in a pool is often called “circle swimming,” a reference to the way that a swimmer will hold to the right side of his lane like a driver on the road. Of course, this creates nothing remotely resembling a circle. A visual map of the swimmer’s path through the pool would be much closer to an extremely long rectangle than to a circle. However, the label of “circle swimming” is appropriate for other reasons. Every swim stroke is cyclical, with the pattern restarting every couple of pulls. The cycle runs itself, executes its own breathing and turns. The body simply obeys the pattern, and the swimmer can, if he wishes, watch from a third party perspective. Of course, he doesn’t even need to do this much. He doesn’t need to be there at all because has no decisions to make. The pattern and the structure of the pool make all of the decisions for him. He doesn’t have to be there at all. So he steps into the water, and immediately leaves. It doesn’t matter if he’s working out or competing, the motions are exactly the same. The only difference is how tired the swimmer feels when he gets out.
The pool is designed to make this kind of swimming easy, and it works; choices such as direction, where to turn, and speed are dictated by the pool’s layout. The pool is easy to enter, and the pattern is similarly easy to fall into.
Open water requires Presence
The ocean is entirely different. Swimming in open water is entirely about presence: mental, spatial, and temporal. It’s difficult. Even getting to the ocean is more of an ordeal than getting in the pool; loading the car and driving for miles is always going to involve more of an investment than walking to the gym on campus. But the real difficulty doesn’t start until the swimmer enters the water.
Position and Current
A swimmer in a pool can swim with his head “down,” that is, facing the floor. Relative to his body, the swimmers head is actually facing forward. It his attention, rather than his head, that is directed downward. Any lifelong swimmer will appreciate the relation between the position and the phrase “putting your head down and working through it.” The ocean swimmer, on the other-hand, has to practice “heads up” freestyle if he wants to make any real headway. While the “head down” position might involve a contradiction between body and attention, “heads up” refers to a vertical focus in both posture and awareness. That is, the head is kept above the water, but the body remains horizontal. The swimmer’s posture thus resembles a man standing and craning his neck to look at something directly above him.
The open water swimmer needs to keep his head above the water because, unlike a swimmer in a pool, he needs to see where he’s going. There are a number of reasons open water swimming requires this extra awareness. Given any destination, a swimmer in open water needs to constantly check himself with regards to any markers he can find. If he fails to do so, unfelt currents will drag him off target. If he puts his head down for more than a few strokes, he may lift his eyes to find that he is in a completely different position from where he expected to be. Even a strong current can be difficult to notice without landmarks. The momentum of the swimmer’s body matches that of the water around him, and if he closes his eyes the water itself is all he will feel.
Waves
Waves are a far more immediate concern. Even on a calm day, navigating waves is a challenge. While the swimmer in a pool can keep his stroke uniform, the open water swimmer has to be aware to how his body reacts to the changing plane of the ocean’s surface. If he takes a normal stroke as he starts up the crest of a wave, his arm will enter the water early and his pull will drive him into the swell, rather than over it. If he makes it over a wave and rides down the back of it without changing his stroke at the bottom, his arms will pull him down, beneath the water. He has to stay aware of the wave in order to react to it. He can’t put his head down, or the ocean will have changed completely when he raises it again. Neither can he can’t develop the rhythm he had in the pool- no two waves are ever the same, and the pace of their arrival is anything but regular. Even planning ahead is difficult. At the crest of a large wave, he may be able to see another two coming his way, but he will rarely be able to predict further than a few seconds into the future.
The open water swimmer must remain entirely present. He has to live in each individual stroke, and treat it with his undivided attention. This is not to say he’ll drown if he doesn’t, but he certainly won’t be going very far.
Your writing is good. You have a fine understanding of how
to use the tool. Now you need in the next draft to put it
to use on more rewarding material.
What is the essay's idea, the concept it intends to
communicate? I believe the best statement of the theme is
"I can apply Eben's metaphor of presence and absence to
swimming." And indeed you can, with well-turned sentences,
as I said. But, in the first place, the application is by
way of correspondence, a pattern-matching observation
about linear relation of parts. Substitute "walking" for
"swimming," "pacing in circles" for "circle swimming,"
"outdoors" for "open water," "pits and gullies" for "waves,"
and one has another essay, equally smooth on the surface,
but also hollow underneath. Creativity, which was the
actual subject, the meaning of the metaphor, has
disappeared beneath a set of mechanical correspondences.
Also, in the next place, this is law school. Invoking
presence and absence as the linked roots of creativity, both
sides of the coin with the tree of art engraved on it, the
figure and the ground of every poem, was done to address how
to be a creative lawyer. The meaning of the metaphor lay in
its relation to its context. Your next draft should, in my
view, eschew correspondence and present meaning in context. | >
> |
My plan after graduation is to work in prosecution, preferably for a District Attorney’s office in California. This has been my plan since before I started law school, but it has since become clearer to me that this is what I want to do. | | | | |
>
> | Conversations I’ve had with alumni, both from CLS and my undergrad, have helped me to see that I’d be much happier in a government office than in a large firm. My friends who work for Attorneys General or in District Attorneys’ offices all seem legitimately happy to me. On the other hand, friends of mine or CLS grads I’ve met who are currently in large firms don’t seem to genuinely like their jobs. When I ask them if they like their work, they always answer in the tone of an argument, as if they are trying to convince themselves of what they’re saying.
Back when I was picking law schools, a DA told me that he was proud of his work because he considered it inherently moral. “If you think someone is guilty,” he said, “you prosecute. And if you don’t think they’re guilty, you don’t.” That’s obviously a gross simplification, but the concept appealed to me. | | | | |
<
< | | | | \ No newline at end of file | |
>
> | Of course, there are many problems with our countries criminal justice system, and many of them are problems specifically with the discretion allowed to DA offices. Prosecutors around the country abuse discretion in a number of ways, many of which are based on racial bias. There are also extreme problems with the disparate impact that the criminal justice system has on the poor. Also, a DA’s office often will have close ties to police departments, so many police crimes go unprosecuted.
Because of these problems, I think that responsible prosecution can do a lot for making the system more just. A prosecutor has to remember that he or she has an obligation to the defendant as well as to the community. I think I could do a good job of keeping that obligation in mind. Part of that is having respect for the defense counsel, and for Public Defenders in particular, whose jobs are much more difficult.
My interview for my summer internship for a CA DA’s office drove this point home for me. The interviewer, a Deputy DA, spent a lot of time talking with me about how her office considered itself a representative of the defendant as well as a representative of the county. She very much believed what she was saying. That meant a lot to me.
Anyways, my plan is to go into prosecution, and depending on how that goes, maybe I’ll end up in defense at some point as well. I don’t think I’ve got enough guts to become a Public Defender right out of law school, but I think I’d give it a shot if I can get some experience under my belt. Similarly, I can see myself moving in the direction of private defense, maybe with my own smalltime practice.
I don’t think I’ll ever become Robinson. But who knows? Maybe metamorphism is something you don’t see coming. | | | \ No newline at end of file |
|
|
CasidheMcCloneFirstEssay 2 - 05 Mar 2016 - Main.EbenMoglen
|
| |
| META TOPICPARENT | name="FirstEssay" |
|---|
| |
<
< | It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | | Presence and Absence in Swimming | | | The open water swimmer must remain entirely present. He has to live in each individual stroke, and treat it with his undivided attention. This is not to say he’ll drown if he doesn’t, but he certainly won’t be going very far. | |
<
< |
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" character on the next two lines:
-- CasidheMcClone - 19 Feb 2016
link text
Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list. | >
> |
Your writing is good. You have a fine understanding of how
to use the tool. Now you need in the next draft to put it
to use on more rewarding material.
What is the essay's idea, the concept it intends to
communicate? I believe the best statement of the theme is
"I can apply Eben's metaphor of presence and absence to
swimming." And indeed you can, with well-turned sentences,
as I said. But, in the first place, the application is by
way of correspondence, a pattern-matching observation
about linear relation of parts. Substitute "walking" for
"swimming," "pacing in circles" for "circle swimming,"
"outdoors" for "open water," "pits and gullies" for "waves,"
and one has another essay, equally smooth on the surface,
but also hollow underneath. Creativity, which was the
actual subject, the meaning of the metaphor, has
disappeared beneath a set of mechanical correspondences.
Also, in the next place, this is law school. Invoking
presence and absence as the linked roots of creativity, both
sides of the coin with the tree of art engraved on it, the
figure and the ground of every poem, was done to address how
to be a creative lawyer. The meaning of the metaphor lay in
its relation to its context. Your next draft should, in my
view, eschew correspondence and present meaning in context.
| | | \ No newline at end of file |
|
|
CasidheMcCloneFirstEssay 1 - 19 Feb 2016 - Main.CasidheMcClone
|
|
>
> |
| META TOPICPARENT | name="FirstEssay" |
|---|
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
Presence and Absence in Swimming
-- By CasidheMcClone - 19 Feb 2016
Swimming is all about absence. It is mechanical, and automatic. Left, right, breathe, left, right, left, breathe, turn. Once a swimmer knows the motions, he doesn’t need to be in the pool. Only his body does.
Swimming in a pool is absence
Swimming in a pool is often called “circle swimming,” a reference to the way that a swimmer will hold to the right side of his lane like a driver on the road. Of course, this creates nothing remotely resembling a circle. A visual map of the swimmer’s path through the pool would be much closer to an extremely long rectangle than to a circle. However, the label of “circle swimming” is appropriate for other reasons. Every swim stroke is cyclical, with the pattern restarting every couple of pulls. The cycle runs itself, executes its own breathing and turns. The body simply obeys the pattern, and the swimmer can, if he wishes, watch from a third party perspective. Of course, he doesn’t even need to do this much. He doesn’t need to be there at all because has no decisions to make. The pattern and the structure of the pool make all of the decisions for him. He doesn’t have to be there at all. So he steps into the water, and immediately leaves. It doesn’t matter if he’s working out or competing, the motions are exactly the same. The only difference is how tired the swimmer feels when he gets out.
The pool is designed to make this kind of swimming easy, and it works; choices such as direction, where to turn, and speed are dictated by the pool’s layout. The pool is easy to enter, and the pattern is similarly easy to fall into.
Open water requires Presence
The ocean is entirely different. Swimming in open water is entirely about presence: mental, spatial, and temporal. It’s difficult. Even getting to the ocean is more of an ordeal than getting in the pool; loading the car and driving for miles is always going to involve more of an investment than walking to the gym on campus. But the real difficulty doesn’t start until the swimmer enters the water.
Position and Current
A swimmer in a pool can swim with his head “down,” that is, facing the floor. Relative to his body, the swimmers head is actually facing forward. It his attention, rather than his head, that is directed downward. Any lifelong swimmer will appreciate the relation between the position and the phrase “putting your head down and working through it.” The ocean swimmer, on the other-hand, has to practice “heads up” freestyle if he wants to make any real headway. While the “head down” position might involve a contradiction between body and attention, “heads up” refers to a vertical focus in both posture and awareness. That is, the head is kept above the water, but the body remains horizontal. The swimmer’s posture thus resembles a man standing and craning his neck to look at something directly above him.
The open water swimmer needs to keep his head above the water because, unlike a swimmer in a pool, he needs to see where he’s going. There are a number of reasons open water swimming requires this extra awareness. Given any destination, a swimmer in open water needs to constantly check himself with regards to any markers he can find. If he fails to do so, unfelt currents will drag him off target. If he puts his head down for more than a few strokes, he may lift his eyes to find that he is in a completely different position from where he expected to be. Even a strong current can be difficult to notice without landmarks. The momentum of the swimmer’s body matches that of the water around him, and if he closes his eyes the water itself is all he will feel.
Waves
Waves are a far more immediate concern. Even on a calm day, navigating waves is a challenge. While the swimmer in a pool can keep his stroke uniform, the open water swimmer has to be aware to how his body reacts to the changing plane of the ocean’s surface. If he takes a normal stroke as he starts up the crest of a wave, his arm will enter the water early and his pull will drive him into the swell, rather than over it. If he makes it over a wave and rides down the back of it without changing his stroke at the bottom, his arms will pull him down, beneath the water. He has to stay aware of the wave in order to react to it. He can’t put his head down, or the ocean will have changed completely when he raises it again. Neither can he can’t develop the rhythm he had in the pool- no two waves are ever the same, and the pace of their arrival is anything but regular. Even planning ahead is difficult. At the crest of a large wave, he may be able to see another two coming his way, but he will rarely be able to predict further than a few seconds into the future.
The open water swimmer must remain entirely present. He has to live in each individual stroke, and treat it with his undivided attention. This is not to say he’ll drown if he doesn’t, but he certainly won’t be going very far.
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" character on the next two lines:
-- CasidheMcClone - 19 Feb 2016
link text
Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list. |
|
|