The Forum

Emily Pattison – 2L

Dethroning Apple? That’s cute. Ladies and gentlemen, we’re not dealing with some startup computer company based out of your friend’s basement. This is a multi-billion dollar company recently reported to have more cash and marketable securities than the United States government. This is the same company whose technology has been touted as ten years ahead of everyone else. And this is the same company that, despite grim economic conditions, reports continued growth in the smart phone industry each quarter. Amazon can keep updating the Kindle and it can even add more streaming options for movies, television shows, and music, but the fact remains that Apple has climbed to the top of the technology mountain for a reason, and it doesn’t plan on heading down anytime soon.

Aside from its consistently “user-friendly” products, Apple has a strategic marketing plan that other businesses now strive to emulate. Rather than following trends, conducting focus groups, and painstakingly trying to establish a target market, Apple pre-empts the marketplace and creates products based on what its team of researchers finds “cool.” A bold plan, yes, but one that seems to keep yielding profitable results. Steve Jobs, in response to questions about why Apple does not conduct market research explained, “It’s not about convincing people that they want something they don’t. We figured out what we want. And I think we’re pretty good at having the right discipline to think through whether a lot of other people are going to want it, too … You can’t go out and ask people what’s the next big thing. [Henry Ford] said, ‘If I’d have asked my customers what they wanted, they would have told me ‘A faster horse.’” Following this line of reasoning, Apple continues to develop products based on something other than what the market needs – it emphasizes products that the market couldn’t conceptualize on its own.

Turn your attention now to the fact that this is not the first time somebody has challenged the staying power of the Apple conglomerate. With each new tablet put on the market, critics claimed it would end the Apple iPad or iPhone sales. Wrong. Apple has taken on Google, Samsung, Blackberry and a host of others, while continually emerging victorious. Apple’s strength rests in its consistency. It puts out best-selling products, one after the other. It remains on the cutting edge of consumer technology. Apple has a proven track record of success, which in turn makes consumers confident that its presence on the national market will not dwindle every time another company challenges it with a modified idea.

Amazon can make attempts to “dethrone” the dominant force in consumer technology, but at the end of the day, Amazon can sell a few tablets, but its not taking over the kingdom.

If you do not know the meaning of “MNF” or “BCS” then this article probably is not directed towards you.  Before starting law school, I remember being told to find something to do each week to get your mind off of school; for a lot of people, sports provide that relief.  Love a team or hate ’em, you’ve got to love sports.

We are in a unique situation here at Valpo in that we are from all over the US, which is evident in our daily attire.  Everyone is proud to support his or her alma mater and pro team in choice of clothing and I am no exception.  There always seems to be a surge in apparel when one’s team is doing well and a drop when said team is in a slump. Case in point? The Colts.  I remember last year when the Colts were winning, you couldn’t walk to class without passing someone in a Colts hat or t-shirt.  Only natural, as the baseball postseason gets under way, I am sure there will be an uptick in Rays, Brewers, Cardinals, and Tigers gear.  Cubs gear? Probably not so much.  Many people employ the idea of “what have you done for me lately?”  Some people just wear sports gear because they like a particular logo, color combination, or my favorite—their significant other makes them wear it.

Most people can relate to sports and that is why so many people use it as a conversation starter.  How many times on a Monday do you get asked, “Did you watch the game?” or told “Tough loss?”  It’s an easy and quick way to relate to someone or break an awkward silence.  As many of us are interviewing for jobs, we might have an opportunity for an on-site interview.  If you take a look around, you will probably notice some sports memorabilia and the chances are good that your interviewer will be open to the idea of talking about his or her team.  Grades obviously matter, but an employer is probably interviewing you to see if they can work side by side with you.  Why not use sports as a way to show your personality?

Sports also allow us to be able to compete against each other, without actually having to put on tennis shoes or break a sweat.  Whether it is an intense fantasy football league or just pride in your team, sports nurture and facilitate the competitive nature in us (as if we law students need more competition).  For a few hours on Saturday or Sunday, we can cheer on our team and forget about all the reading we need to do.  Whether our team is winning or losing, pride and tradition (or habit, depending on how you look at it), compel us to watch. At the very least, it allows us to postpone the previously mentioned reading. With each game, we are given the opportunity to taste and to share in the glory that is a last-second touchdown, or a three-run homer in the bottom of the ninth.  Immortality is made in such moments. I remember Butler’s Gordon Haywood’s shot at the buzzer a couple years ago almost beating Duke in the National Championship.  I remember the Titan’s drive in Super Bowl XXXIV that ended on the ½ yard line. More importantly, I remember who I was with when moments like these occurred, binding friends and events together into memory. Glory is fleeting, but reading is constant. So I encourage my fellow students to take a break and enjoy a little sport, whichever it may be. Remember, you can tell your son or daughter you watched the game live as your team won it all; chances are they won’t be interested in where you were when you first read Miranda v. Arizona.

- Joel McClellan

By Jon Kohlscheen

On Wednesday, September 28^th, Amazon released the Kindle Fire, a tablet that many have called the most serious threat to Apple’s dominance of the tablet market ever. While some analysts are quick to compare on the technical specifications of the Kindle Fire and the iPad, others have begun to see the Kindle Fire for what it really is: the first salvo in Amazon’s war on Apple for consumer technology dominance. Apple has controlled this market for quite some time, dwarfing all of its competitors with staple products like the iPod, iPhone and iPad. However, Amazon’s aggressive strategy and innovative business model may one day lead it to topple the tech-giant Apple from its throne.

In this economy, most people have less and less money to spend on luxury items like tech gadgets because of both the increased price of other everyday goods and income reductions or layoffs. More money goes to gas, food, health care and rent and at the same time, hours are cut and wages are slashed. While iPad 2 sales have certainly been steady, there is a quickly increasing portion of the population that simply can’t afford to shell out anywhere from $499 to $829. Now don’t get me wrong, $199 is not pocket change. But the Kindle Fire costs less than half of what the least expensive iPad 2 costs and that simply cannot be ignored in times like these. Some Apple advocates counter that strong sales for the Kindle Fire won’t translate into Amazon thwarting Apple’s market dominance. However, that argument ignores the fact that Amazon’s business model is designed to turn Kindle Fire sales into overall success.

Apple’s business model is to make its money from device sales. Consumers pay more upfront to get access to all of the device’s features and Apple’s iTunes, App Store and eBook library. This model has certainly done well for Apple and no one can doubt the success of iTunes. However, Amazon’s business model, starkly different from the Apple approach, is the ideal strategy to wage a consumer technology insurrection against the mighty Apple.

Amazon delivers its devices at a low upfront cost because it is banking on making its profits from consumers using the devices to purchase products from Amazon. Despite Apple’s success, Amazon maintains a colossal library of eBooks for its Kindle line unparalleled by Apple’s attempts. It has access to the entire Android App Store and has an online music store that can easily rival iTunes. And let’s not forget that Amazon is one of the largest and most successful online sites to buy non-e-things—actual books, clothes, DVDs, you name it. Throw in the fact that all these Amazon services utilize their pioneering use of cloud computing and you have everything you need to get a consumer hooked. Make no mistake, Amazon is counting on it. By flooding the market with low-cost tablets, Amazon will convert a sizable share of the market to Amazon products and capitalize on already-existing Amazon enthusiasts.

Don’t think that I’m saying that hordes of consumers will be organizing iPad burnings tomorrow. But let’s not underestimate the threat that Amazon poses to Apple either. Apple has been able to swat away all of its other challengers with ease, staying light years ahead of the competition. Trust me, Amazon will be different. Gone are the days when Apple was the monolithic tech giant above all others. Amazon is about to show the world that even a god-king can bleed.

Josh Klasic

3L

Book Breaks

As we settle in for another semester (or, in the case of 1Ls adjust to the shock of mountains of work) I thought it would be a fun, and hopefully a useful, idea to write a column about destinations (both town and country) in the area offer escape when you want to leave behind the law school bubble for a little. After all, even though we may not be able to take full advantage of it and often take it for granted, we live in Northwest Indiana – an area that is just a short car ride away from, depending on which direction you head, a world class city, an vast inland sea, first rate college football (speaking, of course, about the VU crusaders), or the solitude and serenity of rural back country roads and towns.

This month’s column is going to focus on a natural wonder that is practically at our doorstep, the Indiana Dunes at Lake Michigan. As the leaves change color and cooler weather replaces the humidity from summer, but before the icy winds blow in from Lake Michigan now is a perfect time to experience the Dunes. And nothing relieves stress or frustration of reading (30 pages of dense text outlining rules with complex exceptions and then exceptions to exceptions) better than getting outside in some fresh fall crisp air. As an added bonus, especially for cash-strapped students, the National Park Service does not charge admission to enter the Indiana Dunes National Lakeshore.

A great to place to start a trip to the Dunes is to stop into the Indiana Dunes National Lakeshore Visitor Center where you can find maps of the area, guides, trail maps, interactive displays and park rangers who are happy to suggest trails or activities depending on what you hope to see or experience and your time constraints.

After a trip to the visitor center, if you still are not decided on a course of action, you have a couple different options available to start your exploration of the area. If you are in the mood for hiking, I highly recommend the Cowles Bog Trail which is named after Dr. Henry Cowles, who is credited with the creation of the concept of ecology and did much of his research and work at this very site while he was at the University of Chicago. The Cowles Bog Trail can be accessed from Mineral Springs Road where there are two parking areas (one near the south shore line’s train tracks and one further up the road just before the guard house entrance to Dune Acres community). The trail itself consists of 3 connecting loops for a total of five miles – along the way you walk in between dunes, ponds, and many different types of trees and flowers. This is a perfect hike at this time of the year to experience the changing leaves and it is also a great hike for viewing a variety of birds and water fowl. However, the highlight of the hike comes towards the end, when after a steep climb up a dune, you catch a wide open glimpse of Lake Michigan and on a clear day the skyline of Chicago beckoning across the lake. Descending the dune you end up on a (usually) deserted beach front where you can beach comb (sure to find some interesting things washed up) and walk along the water. You can then catch the trail further down the beach upon a return loop. This is a fairly doable hike but the hike up and down the dunes to the beachfront does leave you a little winded.

An alternative (and flatter) trail to the Cowles Bog Trail is the Ly-co-ki-we trail trail that winds along dune ridges, through wetlands, and reclaimed prairie.  Other trails at the National Lakeshore include the Bailey Homestead trail, Dunewood Trace, the Heron Rookery Trail, Inland Marsh Trail, the West Beach Trail, and climbing Mount Baldy. The Indiana Dunes State Park , sandwiched by the National Lakeshore,  does charge admission but it also offers other trails. If you are in the mood to just stroll the beach or stake a spot in the sand (and read for class?) there are numerous points that provide direct access to the beach with free parking. Two of my favorites are Dunbar Beach and Lake View. It is also enjoyable just to drive leisurely along Lake Front Drive looking out at the blue expanse of Lake Michigan on one side and gawking at the multi-million dollar vacation homes on the other side of the road. If you enjoy bike riding the Calumet trail is a 9.1 mile long trail of crushed limestone that runs along U.S. 12. Whatever your particular outdoor interest, the Indiana Dunes offers a number activities and a good book break from the rigors and routine of studying and preparing for class.

Happening Now: If you head up to the Dunes on a Saturday through October be sure to head up in the morning and check out the Valparaiso Farmers Market at Central Park Plaza and (especially recommended) Chesterton’s outdoor European Market in downtown Chesterton. The European Market offers a number of food choices from artisan breads and cheeses, fresh produce, pasta, flowers, pumpkins, crafts and more. On-site chefs are there cooking everything from handmade butternut squash tortellini to wood-fired pizza.

To Get There: the Indiana Dunes can be accessed from heading up Route 49 North. Once past Chesterton, follow signs to your particular area of interest. The Indiana Dunes National Lakeshore Visitor Center is located at 1215 North State Road 49, Porter, IN 46304. The Cowles Bog Trail can be accessed by turning right (when heading west) at the corner of U.S. 12 and Mineral Springs Road.

Helpful Websites:

http://www.nps.gov/indu/index.htm

http://www.in.gov/dnr/parklake/2980.htm

http://www.indianatrails.org/Calumet.htm

http://www.chestertonseuropeanmarket.com/

http://www.valparaisoevents.com/farmers%20market/

Courtesy of SHOWTIME

There is no denying that the television networks have unleashed a bunch of mediocre shows this fall season. From garbage like a half-hearted reboot of Charlie’s Angels to NBC’s insipid Playboy Club and the overhyped bomb Terra Nova, it is tough to parcel out anything of substance worth investing your time into. The best new show of this development season are unfortunately being held off to the spring in the form of NBC’s Smash, a drama centered around a Broadway musical starring Katherine McPhee and Debra Messing. Having sifted through the new options this fall, I can recommend three new shows worth watching: FOX’s NEW GIRL (Tuesdays 8 PM), FOX’s THE X FACTOR (Wednesdays and Thursdays 7 PM), and SHOWTIME’s HOMELAND (Sundays 9 PM).

In the 19 months of hype FOX did for THE X FACTOR, Simon Cowell, creator and head judge, told us the show would be different from American Idol, but never really specified the ways in which they would differ. Fast forward to the premiere, where auditions happened in front of live arena crowds and the show immediately had a leg-up on Idol in my eyes. The three other judges besides Cowell are L.A. Reid, a big-name Sony record producer that has helped propel the music careers of Justin Bieber, Rihanna, and Kanye West among others, Nicole Scherzinger, a member of the “Pussycat Dolls”, and Paula Abdul, Simon’s buddy from Idol and a performer and dancer in her own right. I love that the only age limit on the show is contestants must be 12 or older. Groups are also allowed.

So far throughout the auditions, the crowd really has an impact on the proceedings. A contestant needs three judges to vote “yes” to get put through to the Boot Camp round. One girl came out and sang a passionate version of “Impossible” a capella that wowed Simon and L.A., yet failed to win over the girls who thought she shifted in and out of key too many times. Simon was so enthralled that he reached out to the audience who gave the contestant a thunderous ovation, earning the girl another song to win over one of the girls. She made the most of it winning over Nicole and now moves onto the next stage where one of the four judges will mentor her. After the audition stage, contestants will be divided into four groups: Over 30, Men, Women, and Groups. Eventually the show will proceed to live competitions for votes of the American public. The winning contestant or group will earn a $5 million dollar recording contract, the largest prize in the history of reality television. If you loved watching the funny, opinionated Simon Cowell on AMERICAN IDOL and enjoy watching the growth of performers from no-names to legitimate stars, THE X FACTOR is much watch television this fall.

FOX has also managed to capitalize on its GLEE juggernaut by launching the instantly appealing new comedy NEW GIRL in the slot following it. Starring the charming/adorable Zooey Deschanel as Jess, the show instantly has a lead that can sing, dance, and be outright hilarious whenever it is necessary. Jess gets away from her boyfriend in the pilot after she catches him cheating on her and ends up moving in with three bachelors due to them having an empty room and all three being won over by Jess’s personality. She is naïve, fun, and so innocent. The latest episode dealt with her having problems going back to her ex’s house to grab her television and other stuff she left there after she breaks the television in the apartment. Hillarity ensues when she cannot bring herself to stop the car in front of the guy’s house until she hears a sappy love song. A bickering argument then occurs causing the roommates to have to get involved to protect their new friend and save the television. The roommates’ characters need to be fleshed out a bit more, but Deschanel’s presence and likeability make it hard to ever get annoyed.  This is one of the breakout hits of the season as FOX has already given the show a full-season order. If you like your comedy with some heart at the center or just love Deschanel, get on board with NEW GIRL.

Last but certainly not least is the best new drama of the season in Homeland, a delicious thriller about a rescued Al-Qaeda prisoner who was held in captivity for 8 years and the CIA analyst who has good reason to think the returned marine may be planning a terrorist attack on the United States. Damian Lewis of Band of Brothers fame plays the rescued marine prisoner Nick Brody, returning to two kids that barely know him, a house that has cameras all over it unbeknownst to him, and a wife that was sleeping with a fellow marine until receiving the news that her husband was alive. Lewis is sensational in the role, and shows the various dimensions of Brody’s personality in realistic fashion. Imprisonment has made him quiet and reserved, but a vicious side lurks underneath with flashes of it being shown in the closing moments of the pilot.

Claire Danes plays CIA analyst Carrie Mathison, a woman convinced that Brody is hiding something and that also might be unstable herself. Danes electrifies in the role stopping at nothing in pursuit of the truth. There are demons in her closet and an incredible pattern she recognizes in Brody’s public appearances in the pilot leads her to believe she is onto something in investigating this man. If taut, sharply-written, riveting cat and mouse drama is what you are looking for, start watching the best drama of the new season.

THE
REVIEW OF SHORT BOOKS & DECENT ALBUMS

By
Jonathan Hill

Who
knows if writing this baptismal column at Pastimes on a Thursday night is a good
idea or a magnificent idea?  It turns out
to my surprise and dismay that Thursday night at Pastimes is not cheap wings
and cheap whiskey night, sadly, no.  Instead,
it is acoustic/Barcardi/everyone singsalong Night.  The former was my entire earthly reason for
studying so hard and efficiently earlier in the day.  Honestly, I was really looking forward to
some wings.  That is all.  This hasn’t been the finest week of my 1L
year, especially after receiving the Office Memo #1 assignment in Legal Writing
on the day before and it felt like the mountain of school work was blowing my
mind, melting my face, and probably rendering me sterile all at once.

           So: I like acoustic music, but I
don’t like acoustic nights.  I won’t go
into it here because there is a word count (as some bar-girly is screaming,
“Encore!” and some dude is shouting back at her or the other bar-girly wobbling
on two legs next to her, “Your name?” right before the musician dude goes into
the easiest song to play in the history of overplayed acoustic music,
“Wonderwall” by Oasis) and I’m trying to eat mozzarella sticks. P.S., Sierra
Nevada Pale Ale is five times better in a bottle than on draft.

Needless to say, I review short
books and decent albums.  

            The
Name of the World by Denis Johnson is a short novel at 129 pages, but it is
also a burst of literary genius published in 2000.  Johnson, if one is unfamiliar with his work,
won the 2007 National Book Award for his novel, Tree of Smoke.  Also, the
other short book by Johnson one must read if one tends to believe that one is
alive is his iconic collection of masterful stories, Jesus’ Son.  One may also
watch the movie that stars Billy Crudup as FH, but read the book first.   

            Personally, I purchased The Name of the World in Y2K and never
bothered to read it until I packed up my bougie clothes, a Big Gulp filled with
pens/highlighters/pencils, and a small supply of cigars and moved to
Valparaiso.  I won’t go into it here, but
I kinda like Valpo, Pastimes, and this book. 
Amazon.com gave the book three out of five stars. That is 1-2 stars
short of the mark.

            Mike Reed is a widower, a Professor
of History at a no-name university in a Midwestern college town.  Reed has nowhere to go, so he goes
nowhere.  Not to another job, not to another
real woman, or to another realm where pain and loss stop Dancing with the Stars on his head. 
But there is surreal beauty to be found at almost every turn in the book
because Reed chases impressions, observations, and small talk.  Also, he has to go somewhere eventually, and
to misquote a serious poet, Reed goes where he has to go: to church, casinos,
campus, to the end of his grief.  Another
way of saying that is the bright end of most men and women will be the ultimate
measure of their search.  This book has
taught me that much.     

            Don’t quote me verbatim, but Johnson
pulls all the trendy American fiction tricks that the
bloggy-ultraviolent-emotionless generation of writers below him tries to pull
without a single firework: “My friend slugged me.  His fist snaked out like the knotted end of a
whip and struck my forehead and the bridge of my nose.  A polar whiteness exploded in my face.  And although I wasn’t out, didn’t sleep, my
thoughts all turned to questions, and I tipped over onto the floor.  Sat there trying to push myself upright.  I’m sure everybody thought I was drunk.”  

            On the subject of surreal beauty, I
have a musical recommendation. 

The new self-titled album from
Bon Iver. 

Bon Iver (if spelled properly,
the name translates in French as “good winter”) is Justin Vernon.  Another Midwestern, folk-indie juggernaut who
recorded his first album For Emma,
Forever Ago in a remote cabin in the woods of Wisconsin after his life fell
apart, essentially, Vernon created an instant classic on his debut, a haunting,
spare, yet full-blooded sonic Bigfoot. 
For proof of this sonic Bigfoot, please visit Youtube.com and checkout
Bon Iver’s La Blogotheque performance of “Skinny Love” live in Paris (search:
Bon Iver Skinny Love A Take Away Show).     

The self-titled album is better
than Bon Iver’s first offering.  Released
in June of this year, it comes across as another haunting and spare thing
matched, finally, with drums.  It’s an
album best heard during the surprise of dusk or on a late night walk home from
the bar.  I mean school.      

(COURTESY OF FX)

It is hard to believe that another school year is upon us. The Fall TV season is fast approaching and it is time to take a look at the best stuff currently airing. Three comedies leap out right away in Curb Your Enthusiasm, Wilfred, and Louie. In its eighth season, Larry David has removed all the filters on his character after finalizing a divorce with his wife Cheryl in the season premiere. Deemed “The Social Assassin,” David has been on a tirade against the minutia that happens in everyday human life that we would all like to question out loud but typically refrain from doing. Like his previous show Seinfeld, all episodes tend to wrap up in delicious fashion with the various subplots intertwining. The big arc this season involves Larry and his agent Jeff moving to New York for a few months. Guest stars have included Ricky Gervais and Rosie O’Donnell. Ratings are at an all-time high, meaning we can probably expect another season of this gem. What one has to appreciate about Larry David is that he is so loaded and only signs on for more seasons if he has a worthwhile idea. If you are a fan of comedy, this show will be worth your while.

By far one of the most bizarre shows to debut in years, Wilfred is an adaption of an Australian comedy dealing with a lawyer named Ryan on the verge of suicide that has a hot new neighbor move in. The neighbor has a dog named Wilfred that only Ryan can see in human form and talk to like a human. The two smoke weed, drink, and become great friends that help each other with the various problems they encounter. Because the dynamic is so unique, the show pulls a lot of humor from places no other shows can since Wilfred acts and thinks from a dog perspective. The great part about the show is that Jason Gann created the original and FX version of the show and stars in the title role. His charisma, delivery, and mannerisms are incredible. Combining Gann’s talents and antics with a more than game straight man Elijah Wood is a chemistry match made in heaven. Future episodes will delve into why Ryan can interact with the corrupt animal and whether he belongs in a loony bin. It airs Thursdays at 9 on FX and is available on demand.

Louis C.K. is on top of the world right now after his Emmy nomination for lead actor in his self-made comedy Louie along with being hailed as one of the finest stand-up comedians around the globe. In its second season, the show has such a confidence about it that any topic it deals with is captivating and engrossing whether the scenario is highly dramatic or hilarious. My favorite episode this season dealt with Louis’ love of masturbation and it being called out by a church girl on public television. She tries to turn him to her side by discussing in detail a fantasy life where Louie courted her for a long period of time until they fell in love and married. She described how wonderful that first night together would be. At the end of the episode, the scene shifts to Louis in the restroom doing what you would expect after being hit-on by a hot chick. A future episode will see Louis take an adventure to Afghanistan. Take a chance on one of the best shows on television as each 22 minute Louie episode delivers a carefully constructed story with outrageous humor and emotional resonance. Louie airs Thursdays at 9:30 on FX while season 1 is available on DVD.

On the drama side, the best ones airing right now are True Blood and Breaking Bad. In its 4th season, Alan Ball has continually upped the weirdness and fun on the ever evolving True Blood, a show that contains a staggering 19 regular characters and several different plots. It is a testament to the show’s creator Ball that each plot gets developed enough to make sure viewers care about each character. The main arc this season has evil witch Marnie casting a spell on the Eric Northman, a high-ranking vampire in Bon Temps, which causes him to lose his memory. He begins a romance with the newly single Sookie Stackhouse (the amazing Anna Paquin), much to the chagrin of her ex, the vampire king Bill Compton. All the witches have now united and plan to kill all the vampires ensuring a war of epic scale that has brought rivals Eric and Bill together to work on stopping the threat. The love triangle has been so developed over the seasons that there are vocal fan groups out there that support Team Bill and/or Team Eric. Where Sookie ends up this season is anyone’s guess, but a recent dream she had about both her suitors shows her to be in a state of flux with her true feelings. If you love supernatural characters, blood, action, terror, and sex, True Blood has it all in spades and is well-deserving of your time.

Breaking Bad is the best show on television. Three time Best Actor Emmy winner Bryan Cranston and last year’s Best Supporting Actor Winner Aaron Paul continue to deliver the goods as meth producers Walter White and Jesse Pinkman. White has moved back in with his family and wife Skylar now aids him in liquidating the money thorough the purchase of a car wash. White’s brother-in law continues the search for “Heisenburg,” Walter White’s alter ego after the news of a violent murder of a meth producer from the finale last season. Giancarlo Esposito comes across as terrifying and intimidating as Walt and Jesse’s boss Gus. The show has set an end date for next season and creator Vince Gilligan has stated that his mission was to take Walt from Mr. Chips to Scarface. That would lead me to believe a huge confrontation is upcoming between the increasingly displeased and underappreciated Walt and Gus before the season is out. Whether Hank will get any closer to learning about what Walt has been doing to provide for his family is the wildcard. If you like beautifully shot, superbly acted, and terrifically written episodic television, then watch this show.

The coming fall will bring us new seasons of favorites like Sons of Anarchy, Parks and Recreation, The Good Wife, and Boardwalk Empire. What of the new fall slate is worth your time will be a topic for next month.

(Courtesy of CBS)

May Entertainment Blender- Boston Rob

While good scripted fare is finally on an upswing with the arrival of Game of Thrones, The Killing, and the second season of Treme, reality television continues to dominate with the tremendous seasons of American Idol, Survivor: Redemption Island, and even Real World: Las Vegas that have been unleashed upon us this Spring. With this edition of the column, I want to take a look at Boston Rob’s overwhelming domination on Survivor this season.

Boston Rob Mariano is arguably the most popular Survivor contestant of all time. He first showed up in the third season but really developed his fame on Survivor: Allstars back in 2004. In that season he forged a bond with Amber Brkich and the two backstabbed their way to the final two using brilliant cutthroat strategy while staying loyal only to each other. The jury was so put off by the brilliance of Rob that they gave Amber the money. The newly formed couple had the last laugh, as Rob and Amber were engaged within months.

CBS broadcast their wedding and Amber and Rob even took part in The Amazing Race. Life was good, but Rob, an adventurer at heart, could not resist the game and took part in last year’s tremendous Survivor: Heroes vs. Villains. Rob was labeled a villain and formed a great alliance. However, Russell Hantz, a short, smart, vindictive player orchestrated his ouster and Rob was cut out of the game fairly early. In the six years since he had played, the game had introduced hidden immunity idols and some strategy aspects had changed. The Hantz/Rob rivalry was so riveting that CBS brought both players back this season putting them on opposite tribes.

Russell was voted out first on his tribe due to people having watched how abhorrent a human he is on the previous few seasons. Rob, meanwhile, forged an alliance with three attractive young females, former NFL player and incredible athlete Grant, and the insane Philip, a man who claims to be a former federal agent. Not willing to be ousted like last time, Rob uncovered the hidden immunity idol without anyone on his tribe suspecting he found it. He pretended he had stomach issues while his alliance was on the beach, and managed to uncover the idol before anyone grew suspicious of his extended absence. It was hilariously funny watching him scramble and dig seemingly under every tree in the camp. To cover up his find, the guy has even chucked new clues to it that are sometimes received in a reward challenge into a volcano. He has such blind loyalty from his tribe mates that no matter how conflicted some of them may be, they listen when he decides who they are taking out.

One of the more controversial ousters of this season was when Matt and Andrea forged a bond. Matt was originally part of Rob’s alliance, but as soon as he sniffed a forming couple, Rob orchestrated his ouster to Redemption Island, a place where ousted contestants have a right to re-enter the game. Matt went on to win 6 straight duels to earn his way back in the game and was promptly voted right out and sent back to Redemption Island. Moral of this story is that if you break Rob’s trust, you are toast. At the merge, Rob’s tribe had a 6-5 advantage in people and he made it his personal mission to segregate the two groups as much as possible. He built a separate shelter for his tribe, kept their food away from the other group’s food, prevented his tribe from eating fish that the others caught that he thought might be contaminated, and installed a buddy system so that no member was alone for the picking by the weaker tribe. The man is dictating everything, which is stunning since all these contestants have had a chance to watch him play.

Rob had a huge target on his back and his managed to not only survive, but be the dominant force throughout. He has single-handedly kept a certifiably insane Philip in the game, a man his alliance despises so that when push comes to shove and he faces the jury in the final three, he can have Philip with him, who will not gobble up any of his votes for the win. The only risk for Rob at this point seems to be Matt getting back in the game and going on an Immunity run to the final three. He would definitely gain some sympathy for lasting so long alone on Redemption Island and re-entering the game two different times after a Rob-initiated ouster. The three women are all pawns and Rob will most likely bring Natalie with him to the finale. She has done nothing to claim she should win though as being a blind follower is not enough. Grant might be an obstacle but Rob will take him out once they eliminate the final two members of the other tribe.

This season has been such a treat for Survivor fans with one of its greatest players doing a victory lap in such riveting fashion by literally throwing a perfect game. He has learned so much from last year’s ouster to the point where he has a PHD in Survivor. His charisma, intelligence, leadership skill, puzzle solving abilities and manipulative techniques have been the driving forces behind this year’s domination. It will almost be a shame should Rob stumble and not win. Luckily for fans, he is almost guarantied a spot in the Sunday May 15^th finale and has already signed on to host a new reality show for the History Channel, where he will travel the world using as many different modes of transportation as is possible. Survivor, still alive and providing gobs of entertainment value 11 years later, airs Wednesdays at 7 P.M. on CBS.

“We’re made of star stuff.  We are a way for the cosmos to know itself.”  The words of Carl Sagan in his series “Cosmos” may not have any relevance to the study of law let alone human rights, but it does have a specific relevance to our existence.  No matter our claimed ethnicity, nationality, religion, or political ideology, we are the heirs of start that went supernova four billion years ago that set our sun alight and jump-started the accretion of material that formed this planet.  Indeed, while we all carry the traits of our parents, we also carry in our bodies the history of the universe and our species.  When dwelling upon these ponderous topics, it seems senseless that human beings engage in visiting brutality and depredations upon others.

Why is it that humans whose melanin had been reduced because of the climate in the northern hemispheres feel it was legitimate to enslave our genetic brothers and sisters in Africa?  Why is it that humans residing in Europe who are made up of the same 46 chromosomes at the genetic level feel compelled to describe another group as subhuman and worthy of a cold and systematic extermination?

There is no legitimate reason.

Yet, in our recent history, humans have engaged in wholesale genocide of their fellow humans based on what could be best described as arbitrary reasons without legitimate basis.  Sitting in Professor Gaffney’s Empty Boxcars viewing tonight at the law school caused me to ponder on this topic.  How can I reconcile the study of law when it was legislation drafted by the German government that set the groundwork for the horror of the Shoah?  The Nuremberg Purity Laws of 1935 outlined who was Jewish and in the same breath, removed their civil rights.  Citizenship was stripped away, property rights eliminated, and the ability to hold a trade revoked.

In the American experience, one has to consider the slave-fugitive laws, and The Antelope and Dred Scott decisions.  Where the law protected the enslavement of Africans; namely that Africans were chattel property.  Chattel property as in the pen you use in class, the computer where you compose your outlines, and the car you drive to class.  That was the definition of a living, breathing human being according to the law, only because they or their ancestors lived on the African continent.   It was defending the right to keep this chattel that lead to the bloodiest war in American history.  Indeed, the Confederate flag is about heritage; the heritage to protect the right of the states to keep humans in lifelong enslavement, defined as chattel no different than the shovel or a hammer.

Yet, in the two examples above, the law was used to support and uphold these actions by other human beings.  In Nazi Germany, an army of lawyers was utilized by the Third Reich to plan and execute the Shoah.  Lawyers and legislators drafted and passed laws that eliminated the civil rights of Jews not only in Germany, but as Professor Gaffney’s Empty Boxcars illustrates, in Bulgaria.  It was through the collaboration of the legal profession that the Nazi war against the Jews was executed.  In our American context, lawyers represented slaveholders in suits to recover their “chattel.”  American jurists supported that “particular institution” in their opinions.

The realization that the law can be used for heinous purposes should cause students and practitioners of the law to sit up and take notice.  We should take note of both those who cooperated with and alternatively resisted the creation and implementation of laws that eliminate civil rights or that define humans merely as chattel.  Their actions provide important lessons: how the law can be co-opted for evil purposes, and how use of the law can overcome those insidious uses.  Just as we should be aware that we are all homo sapiens, heirs to billions of years of cosmological history, we should use this knowledge to apply the law in means to protect and not harm our fellow persons.

Recently, House Budget Committee Chair Paul Ryan R-WI has been taking flak from liberals regarding his recent budget plan which essentially calls for lowering the income tax on wealthiest 1% of the population from 35% to 25%.  Unsurprisingly, all but 4 republicans in the House of Representatives voted in favor of this plan.  This seems like the classic conservative move; make the rich pay less in taxes and then society will benefit via the trickle down economic theory.  The typical liberal response is that making the wealthy pay less is unfair to the poor and middle classes who generally have less money to spend and should therefore pay less to the government in taxes.  This debate over finances is probably as old as Uncle Sam, and does not seem to have a clear cut answer.  However, as Ryan’s strategy currently stands, both political parties seem missing some key points about this plan’s tax implications.

            The wealthiest people in the country are determined by the following calculation which relies on a version of the Total Assets Equation.  This is defined as the sum of: (1) the gross value of owner-occupied housing; (2) other real estate owned by the household; (3) cash and demand deposits; (4) time and savings deposits, certificate of deposit, and money market accounts; (5) government bonds, corporate bonds, foreign bonds, and other financial securities; (6) the cash surrender value of pension plans, including IRAs, Keogh, and 401(k) plans; (8) corporate stock and mutual funds; (9) net equity in unincorporated business, and (10) equity trust funds.  After calculating the following, the following liabilities must be subtracted: (1) mortgage debt; (2) consumer debt including auto loans; and (3) any other debt including nonrecourse debt.

            Notice that in calculating the total assets equation, actual income earned is diminutive in relation to investments.  In terms of financial wealth, the top 10% of America’s wealthiest have 80% to 90% of their wealth locked into stocks, bonds, trust funds, outside business equity, and non-home real estate.  Since the 1940s, this has been the dominant trend amongst America’s wealthy.  Is there any reason why this is the case?  One answer is that investments tend to generate a greater amount of revenue and worth over time than a salary long, and the other answer is long term capital gains treatment. This is especially true when the Code allows cashing in any of these assets after a year will allow the holder of the asset to get hit by a capital gains rate between 20-25%.  The average long term capital gains rate since 1940 has been around 25% for those in the top tax bracket.  Since 2009, however the average long term capital gains rate has increased to 28% for those in the top bracket.  Specifically, long term capital gains rate for the top tax bracket been increased to 25% on real estate have, 28% on collectibles, and 28% on equity.

            Unless Ryan’s plan has some way of changing or lowering long term capital gains (which from the amended text of his proposal does not change), then the rich may effectively end up paying more in taxes.  This seems contrary to trickle down economic theory, and does not seem to equate to a major change in how taxes are currently collected.  One foreseeable change could be that the wealthy may tend to claim more income from salary and less in investments. This is probably unlikely event considering that even if taxed at an additional 3%, investments will generally be more profitable than paid salaries and will be of more value to the wealthy.