Lawrence Lessig in The Nation:

January 18, 2012, could prove to be an incredibly important day, and not just for copyright policy or the Internet. On that day, two critically important things happened. First, with its 6-2 decision in Golan v. Holder, the Supreme Court shut the door, finally and firmly, on any opportunity to meaningfully challenge a copyright statute constitutionally. Second, millions from the Internet opened the door, powerfully if briefly, on the powers that dominate policymaking in Washington, and effectively stopped Hollywood’s latest outrage to address “piracy”—a k a the Stop Online Piracy Act (SOPA), and the Protect IP Act (PIPA).

The constitutional battle began over a decade ago. Conservatives on the Supreme Court had long rumbled about the need to respect the “original intent” of the “framers” of our Constitution by enforcing the affirmative limits of the Constitution. In 1995, a 5-4 Court decision shocked conventional wisdom by striking a law regulating commerce because, as the Court found, it exceeded those original limits. Three years later, the Court did the same, this time with a law regulating violence against women. The Court seemed eager to read the Constitution the way the framers wrote it, regardless of how the current Congress read it.

So beginning in 1999, copyright activists started to ask the Court to apply the same reasoning to copyright law.

More here.

Note: At the State of the Union on January 26, President Barack Obama argued, “Anyone who tells you that America is in decline or that our influence has waned, doesn't know what they're talking about.” According to a Foreign Policy report, the president had read and been influenced by the TNR article below, discussing it at length in an off-the-record meeting on the afternoon of the speech.

Robert Kagan in The New Republic:

Is the United States in decline, as so many seem to believe these days? Or are Americans in danger of committing pre-emptive superpower suicide out of a misplaced fear of their own declining power? A great deal depends on the answer to these questions. The present world order—characterized by an unprecedented number of democratic nations; a greater global prosperity, even with the current crisis, than the world has ever known; and a long peace among great powers—reflects American principles and preferences, and was built and preserved by American power in all its political, economic, and military dimensions. If American power declines, this world order will decline with it. It will be replaced by some other kind of order, reflecting the desires and the qualities of other world powers. Or perhaps it will simply collapse, as the European world order collapsed in the first half of the twentieth century. The belief, held by many, that even with diminished American power “the underlying foundations of the liberal international order will survive and thrive,” as the political scientist G. John Ikenberry has argued, is a pleasant illusion. American decline, if it is real, will mean a different world for everyone.

But how real is it? Much of the commentary on American decline these days rests on rather loose analysis, on impressions that the United States has lost its way, that it has abandoned the virtues that made it successful in the past, that it lacks the will to address the problems it faces. Americans look at other nations whose economies are now in better shape than their own, and seem to have the dynamism that America once had, and they lament, as in the title of Thomas Friedman’s latest book, that “that used to be us.”

More here.

Seeing Whales

You can go blind, waiting

Unbelievable quiet
except for their
soundings

Moving the sea around

Unbelievable quiet inside you, as they change
the face of water

The only other time I felt this still was watching Leif shoot up when
we were twelve

Sunlight all over his face

breaking
the surface of something
I couldn’t see

You can wait your
whole life

Read more »

Chris Evans in The Telegraph:

It wasn't books at first, not straight off. My first “foreign” girlfriend (i.e. from outside Warrington) was Sara. She was four years older than me, the difference between knowing and not knowing. A journalist, sexy as hell beneath a Purdey hairdo, Sara was supremely middle-class, clever, feminist, a voracious reader and with a point of view on everything. It was undoubtedly she who began my rehabilitation, my secondary education if you like, quietly press-ganging me into seeing foreign-language films at art-house cinemas. People like me didn't “do” arty, did they? Well, yes they did and I loved it. Betty Blue. The Unbearable Lightness of Being. Nikita. La Dolce Vita. I couldn't get enough. From Manchester, we moved to London, where I began working alongside university graduates on a daily basis. And they were nice! “Like real people, almost,” I remember thinking. Far less aloof towards me than I to them. Decent, affable human beings everywhere I looked. I continued to realise how wrong I had been. But still, the process was glacially slow. Then, alas, my redemption came to a grinding halt as my career took off. Channel Four's Big Breakfast was a hit. I was tripped up by that dreaded double act of fame and fortune. Until, that is, TFI Friday was born and I became friends with the magnificent writer and broadcaster, Danny Baker. Danny is Mr Words, Mr Books and Mr Memory. He loves the English language more than anyone I know. “You need to read some Charles Bukowski,” he barked at me one day. A week later I'd read five. On another occasion, Danny threw a copy of Marcus Aurelius's Meditations at me inscribed with the message: “Dive in and dig deep, in here is everything you need to know.” It was also he who gifted me my first Oscar Wilde novel – a beautiful collectors' edition of The Picture of Dorian Gray. “Breathtakingly brilliant, there's no one better.” And so the tide began to turn again. And I'm happy to declare it has been turning ever since. I've since even written two books of my own which some people have actually bought!

I could harp on forever as to why we need to push the little ones in to falling in love with the written word, but let's draw to a close with this. The written word has a huge advantage over what we say. By that I mean the writer gets to convey exactly what they really want, exactly how they want to convey it. And one of its many and appealing secrets is that it allows us the luxury of consideration, of almost sounding better than we really are. Of course it's still entirely us but I can't tell you how many published authors I have met who can barely string two words together. Give them a keyboard and they can take on the world.

More here.

From The New York Times:

Very few of the heroes and villains made famous in the wars of the past decade are women. Of the scant exceptions, two of the most fascinating are the subjects of Deborah Scroggins’s thoughtful double biography, “Wanted Women.” One is Ayaan Hirsi Ali, the Somali-born thinker and neoconservative darling; the other is Aafia Siddiqui, a Pakistani neuroscientist who, in 2010, was sentenced to 86 years in prison for her assault on American personnel in Afghanistan. She is known as Al Qaeda’s highest-ranking female associate. The popular imagination has cast Hirsi Ali as a firebrand, clad in a satin evening gown and flanked by bodyguards as she denounces Islam. The diminutive Siddiqui is a firebrand of a different sort. She wears a burqa and totes vials of chemical weapons in her purse while denouncing the West. Yet the issue of who these self-made women actually are — and who they aren’t — remains deeply contested. In 1992, Hirsi Ali fled from Africa to the Netherlands, where she won a bid for asylum and Dutch citizenship. She was elected to the Dutch Parliament in 2003. Thanks to her speeches, articles and participation in a short film called “Submission,” which depicted verses of the Koran on a woman’s naked body, as well as to her two successful autobiographies, “Infidel” and “Nomad,” she has been embraced both by many feminists and many on the American right. She argues that “Islam is backward,” and that its values must be stamped out before they overwhelm the West. Her most vociferous supporters — including her husband, the historian Niall Ferguson — consider her to be one of the staunchest defenders of freedom in our time. The late Christopher Hitchens once wrote, “The three most beautiful words in the emerging language of secular resistance to tyranny are Ayaan Hirsi Ali.” Her critics, however, claim that her views are simplistic and, more harshly, that she is an opportunist.

Siddiqui is similarly polarizing. She traveled from her home in Karachi to the United States in 1989 to pursue her education, which she did at M.I.T. and Brandeis University. She eventually married Amjad Khan, a doctor from Karachi, bore him three children and completed the requirements for her master’s degree and Ph.D. in neuroscience in less than four years. At the same time she was embracing the most millenarian principles of jihad. In 2002, after the F.B.I. had begun investigating her for links to Al Qaeda, she returned to Pakistan and soon disappeared, only to be spotted in Ghazni, Afghanistan, along with her 12-year-old son in 2008. Maps, toxic chemicals and diagrams for making bombs were found in her possession, and after a tussle with American forces during which she was shot in the stomach, she was taken into custody. Her defenders — including her family and many Pakistanis — believe she is a devout mother and martyred hero sentenced to American prison because she is a Muslim. The United States government contends she is a terrorist. In “Wanted Women,” Scroggins traces the lives of Hirsi Ali and Siddiqui from their earliest childhoods down to the present. Hirsi Ali continues to live in the United States; Siddiqui now resides in Fort Worth, Tex., where she is incarcerated at the Federal Medical Center Carswell and receiving psychiatric treatment.

More here.

Stephanie Pappas at Yahoo! News:

There's no gentle way to put it: People who give in to racism and prejudice may simply be dumb, according to a new study that is bound to stir public controversy.

The research finds that children with low intelligence are more likely to hold prejudiced attitudes as adults. These findings point to a vicious cycle, according to lead researcher Gordon Hodson, a psychologist at Brock University in Ontario. Low-intelligence adults tend to gravitate toward socially conservative ideologies, the study found. Those ideologies, in turn, stress hierarchy and resistance to change, attitudes that can contribute to prejudice, Hodson wrote in an email to LiveScience.

“Prejudice is extremely complex and multifaceted, making it critical that any factors contributing to bias are uncovered and understood,” he said.

The findings combine three hot-button topics.

“They've pulled off the trifecta of controversial topics,” said Brian Nosek, a social and cognitive psychologist at the University of Virginia who was not involved in the study. “When one selects intelligence, political ideology and racism and looks at any of the relationships between those three variables, it's bound to upset somebody.”

Polling data and social and political science research do show that prejudice is more common in those who hold right-wing ideals that those of other political persuasions, Nosek told LiveScience.

More here.

In May of 1945, legendary Scribner editor Maxwell Perkins wrote to a young soldier serving overseas. The enlisted man had sent Perkins a short story and asked for advice about pursuing a writing career. Perkins was gently encouraging, urging the young man to take his time distilling his war experiences into fiction. By way of instruction and inspiration, he tells of visiting his author and friend Ernest Hemingway in Key West. “We went fishing every day in those many-colored waters, and then also in the deep-blue Gulf Stream. It was all completely new to me, and wonderfully interesting—there was so much to know that nobody would ever have suspected, about even fishing. I said to Hemingway, ‘Why don’t you write about all this?’” Hemingway replied, “I will in time, but I couldn’t do it yet.” Pointing to a pelican Perkins recalls as “clumsily flapping along,” the author added, “See that pelican? I don’t know yet what his part is in the scheme of things.”

more from Jennifer Acker at The Common here.

‘Without pain our life is unthinkable. With it, life is hardly to be endured’ (7). Most of us share the capacity to feel pain. We accept that having this general capacity is part of being human, yet we avoid specific experiences of pain. This is the first of our seemingly paradoxical attitudes to pain, with which Arne Johan Vetlesen, professor of philosophy at the University of Oslo, opens his book. Secondly, we fear pain and condemn those who wantonly inflict it, though its forms and meanings fascinate us. It has a ‘Janus face’. Thirdly, we alone must endure the pain in our own bodies. Yet we readily observe pain in others and expect that they suffer from it as we do. What is privately suffered is assumed to be potentially shared. Such attitudes alert Vetlesen to the possibility that pain ‘contains something inherently desirable’. He is ‘prepared to be a spokesman for such an opposite view’ (10) – to decry a western culture that has developed ‘the most negative ever’ view of pain (8). If his opening stance impresses, it has to be conceded that his defence of pain’s desirability disappoints. So far as I can tell, this is summed up later in an aside: Being susceptible to pain means being ‘sensitive’ and so ‘able to experience what is good’. It also makes us ‘want to enrich and expand ourselves through contact with the good’ and motivates us ‘to protect everything that is good’ (92). These ideas – that the capacity for suffering is constitutively and causally related to goodness – have been explored by many who wrestle with the problem of evil. Vetlesen echoes the ideas without responding to the challenges that have been posed to them.

more from Chuanfei Chin at The Berlin Review of Books here.

William Dalrymple in The Guardian:

In 2007, when literary events in Jaipur were still in their infancy, Rushdie was our first big international star, and his presence at the festival was a milestone for us. It raised our profile beyond anything we could have hoped or imagined. Rushdie came unannounced, with no bodyguards or police protection, and spoke brilliantly, sitting drinking tea and signing books for his fans, while giving avuncular advice to younger writers who had never met a writer of his stature. No objections were raised, no politicians got involved, no problems arose.

This time, however, the political situation in India is much more volatile. The 2012 festival happened to coincide with a razor-edge election in the all-important north Indian state of Uttar Pradesh, a poll in which the vote of the Muslim community was deemed to be crucial. It also came only four months after the Rajasthan government found itself in trouble with its Muslim voters after the Rajasthan police fired on a crowd of angry Muslim protesters at Gopalgarh, an hour's drive east of Jaipur, killing 10 people. All this meant that when, at Rushdie's request, we announced his name on our website, and when Maulana Nomani of Deoband then called for Rushdie to be banned from India, not a single Indian politician was willing to state clearly and unequivocally that he was welcome in the country in which he was born, which he loved, which he had celebrated in his fiction and to whose literature he had made such a ground-breaking contribution.

More here.

From PhysOrg:

The idea of a simple, cheap and widely available device that could boost brain function sounds too good to be true. Yet promising results in the lab with emerging ‘brain stimulation’ techniques, though still very preliminary, have prompted Oxford neuroscientists to team up with leading ethicists at the University to consider the issues the new technology could raise. They spoke to Radio 4's Today program this morning. Recent research in Oxford and elsewhere has shown that one type of brain stimulation in particular, called transcranial direct current stimulation or TDCS, can be used to improve language and maths abilities, memory, problem solving, attention, even movement. Critically, this is not just helping to restore function in those with impaired abilities. TDCS can be used to enhance healthy people’s mental capacities. Indeed, most of the research so far has been carried out in healthy adults. TDCS uses electrodes placed on the outside of the head to pass tiny currents across regions of the brain for 20 minutes or so. The currents of 1–2 mA make it easier for neurons in these brain regions to fire. It is thought that this enhances the making and strengthening of connections involved in learning and memory. The technique is painless, all indications at the moment are that it is safe, and the effects can last over the long term.

Dr. Roi Cohen Kadosh, who has carried out brain stimulation studies at the Department of Experimental Psychology, very definitely has a vision for how TDCS could be used in the future: “I can see a time when people plug a simple device into an iPad so that their brain is stimulated when they are doing their homework, learning French or taking up the piano,” he says. The growing number of positive results in early-stage studies, led the neuroscientists Dr. Cohen Kadosh and Dr. Jacinta O’Shea to talk to Professor Neil Levy, Dr. Nick Shea and Professor Julian Savulescu in the Oxford Centre for Neuroethics about what ethical issues there may be in future widespread use of TDCS to boost abilities in healthy people.

More here.

God's Vaulter

rocks at the top pole
raised recites mantras of blue
memory on fingered glass counting
steps & the wet wind spits gravel
.
poised where each rock knows his name where
each check mark paints speed &
looks at the crazed wing sky bleeding
black tape over bamboo &
.
remembers ground time he wrapped
ethered arms around the moon & just
wrestled with her flannel & booze
breath smelling like no one's mom
.
& he runaway boy clicks sharp spikes
over hard cement with anger &
joy with clear eye on shining crossbar
striding with hope & grace &
.
with smooth hips & broad bone
of genius running with proud
heels erect & holy

by Jim Bell
from Crossing the Bar
Slate Roof Publishing Cooperative, 2005

Anatol Lieven in the New York Review of Books:

The United States and its allies today find themselves in a position in Afghanistan similar to that of the Soviet Union in the late 1980s, after Mikhail Gorbachev decided on military withdrawal by a fixed deadline. They are in a race against the clock to build up a regime and army that will survive their withdrawal, while either seeking a peace agreement with the leaders of the insurgent forces or splitting off their more moderate, pragmatic, and mercenary elements and making an agreement with them. The Soviets succeeded at least partially in some of these objectives, while failing utterly to achieve a peace settlement.

To date, that is just about true of the West as well; and while international support for the US position is much stronger than it was for the Soviets, our Afghan allies are much weaker and more fissiparous than theirs. Our Taliban enemies have been much more worn down militarily than the Afghan Mujahideen were by the Soviets during the late 1980s. But the Taliban and their allies draw on the same deep traditions of Islamist resistance to foreign “occupation” among the Pashtuns of Afghanistan and Pakistan as did some of the Mujahideen groups that fought against the Soviet occupation. (While Pashtuns are the largest ethnic group in Afghanistan, making up perhaps 40 percent of the population, they also make up about 15 percent of the Pakistani population and are concentrated along the Afghan border.) The Taliban have, moreover, comparatively safe bases in Pakistan to which they can withdraw. They will remain a very serious force.

More here.

Jon Cotner at the BMW Guggenheim Lab website:

Poem Forest took place November 2011 at the New York Botanical Garden, which was celebrating the renovation of its 50-acre old-growth forest. The Garden, in conjunction with the Poetry Society of America, asked me to do something poetry-related on site. This commission excited me because I wanted to pull poetry from libraries, magazines, books, etc., and put it in the world.

I’ve always felt that poetry is not an art object to be idly studied. Rather, it’s a way of life, a mode of knowing—a call to become more attentive and active. Koreans have an important proverb: “Knows his way, stops seeing.” Spanish poet Antonio Machado responds to this existential blur by advising us to “wake up as much as possible.” And before him, near the very beginnings of Greek philosophy (that moment when philosophy and poetry were still linked), Heraclitus said: “We share a world when we are awake; each sleeper is in a world of his own.”

Machado and Heraclitus get to the heart of poetry’s power. Poetry can wake us, and in the process we create a shared world or “the commons.” But what characterizes this common world? How can we describe it? With such questions in mind, I shaped Poem Forest. A typical literary event wouldn’t work; it’s too easy to drift while others read their own prewritten material. Poem Forest needed to be more engaging. Otherwise it wouldn’t be poetic.

So I “installed” 15 lines pulled from 2,500 years of poetry along a trail through the old-growth forest. Visitors spoke each line (printed on a handout) at specific locations (marked by small orange signs) to which the lines corresponded conceptually or physically. For example, near the start of the self-guided walk, people would recite Pythagoras’s maxim “The wind is blowing; adore the wind” to clear their heads.

More here.

Charles T. Rubin in The New Atlantis:

This year marks the ninetieth anniversary of the first performance of the play from which we get the term “robot.” The Czech playwright Karel Čapek’s R.U.R. premiered in Prague on January 25, 1921. Physically, Čapek’s robots were not the kind of things to which we now apply the term: they were biological rather than mechanical, and humanlike in appearance. But their behavior should be familiar from its echoes in later science fiction — for Čapek’s robots ultimately bring about the destruction of the human race.

Before R.U.R., artificially created anthropoids, like Frankenstein’s monster or modern versions of the Jewish legend of the golem, might have acted destructively on a small scale; but Čapek seems to have been the first to see robots as an extension of the Industrial Revolution, and hence to grant them a reach capable of global transformation. Though his robots are closer to what we now might call androids, only a pedant would refuse Čapek honors as the father of the robot apocalypse.

Today, some futurists are attempting to take seriously the question of how to avoid a robot apocalypse. They believe that artificial intelligence (AI) and autonomous robots will play an ever-increasing role as servants of humanity. In the near term, robots will care for the ill and aged, while AI will monitor our streets for traffic and crime. In the far term, robots will become responsible for optimizing and controlling the flows of money, energy, goods, and services, for conceiving of and carrying out new technological innovations, for strategizing and planning military defenses, and so forth — in short, for taking over the most challenging and difficult areas of human affairs.

More here.

Peter Constantine in the New York Times Book Review:

Among the most surprising qualities of “Babel No More,” Michael Erard’s globe-trekking adventure in search of the world’s virtuosos of language learning, is that a book dealing with language acquisition and polyglot linguistics can be so gripping. But indeed it is — part travelogue, part science lesson, part intellectual investigation, it is an entertaining, informative survey of some of the most fascinating polyglots of our time.

How is it, Erard asks, that certain people are able to accumulate what for the average person is a daunting number of languages? What are the secrets of polyglots who can master 6, 26, 96 languages? What are their quirks and attitudes? Are their brains wired differently from ours?

Erard, a journalist who writes frequently on language and whose previous book was “Um . . . : Slips, Stumbles, and Verbal Blunders, and What They Mean,” begins by visiting Bologna, Italy, the hometown of one of history’s most distinguished polyglots, the 19th-century cardinal Giu­seppe Mezzofanti. The cardinal is said to have known 45, 50, 58 or even more languages, depending on whom you ask. Victorian travelers who met him at ecclesiastical banquets reported that he affably conversed in all directions with foreign visitors in languages ranging from French, German and Arabic to Algonquin and “Californian.” (Lord Byron, who challenged the cardinal to a multilingual contest of profanities, was not only summarily defeated but walked away from the contest having learned a number of new Cockney gibes.)

More here.

THE GAMBIT OF THIS EXHIBITION about 9/11, which includes sixty-nine works by forty-two artists, is deceptively simple: to eschew any images of the attacks and any made in response to them. (As if to prove the rule, there is one exception, a 2003 proposal by Ellsworth Kelly to reconfigure Ground Zero as a giant trapezoidal park of bright green grass.) Instead, MoMA PS1 curator Peter Eleey writes in his brochure, “this exhibition considers the ways in which 9/11 has altered how we see and experience the world in its wake.” This is a strong thesis—one that asks to be taken seriously. As for the ban on images of 9/11, Eleey regards the attacks as an intervention in spectacle that was a spectacle in its own right: 9/11 “was made to be used,” he argues, with the Bush administration no less than Al Qaeda in mind. “Why would I want to repeat such transgression?” His catalogue essay begins with an epigraph from Wittgenstein—“A picture held us captive”—and his purported aim is to release us from this captivity, to despectacularize 9/11, a little. To this end, Eleey exhibited only work, created independently of the attacks, that, as stated in the brochure, “transcend[s] the specificities of its epoch, form, or content to uncannily address the present.” That art can resonate across time and place is a familiar notion, but often it concerns the retroactive effect of present practices on past ones, as in accounts of literary revision offered by T. S. Eliot in “Tradition and the Individual Talent” (1919) and Harold Bloom in The Anxiety of Influence (1973). Here the question is pitched differently: Might historical works foreshadow contemporary events and be changed by this unexpected connection?

more from Hal Foster at Artforum here.

Agnieszka Holland is a half-Jewish director, born in Warsaw several years after the Second World War, who has had a varied and illustrious film career. She was assistant director on her mentor Andrzej Wajda’s Danton (1983), and directed films of her own in Poland, like the grim, political A Lonely Woman (1981). After 1981 most of her films, such as Olivier, Olivier (1992) and Washington Square (1997), were made elsewhere in Europe and in the United States. In recent years, she has directed episodes of David Simon’s two striking HBO series, The Wire and Treme. Holland, whose paternal grandparents were killed in the Warsaw ghetto and whose Catholic mother served in the Polish underground and helped save Jewish families, is probably best known for her Holocaust films: the psychologically penetrating Angry Harvest (1985), which received an Academy Award nomination for Best Foreign Language Film, and Europa Europa (1990), her best known and critically acclaimed film. Holland has said that both Jewish and Gentile sensibilities exist within her. Consequently, all three of her Holocaust films deal with the complex relationship of victimized Jews to Gentiles in worlds—German, Polish, and Ukrainian—that either initiated or collaborated in the destruction of the Jews.

more from Leonard Quart at Dissent here.

Vauxhall pleasure gardens, on the south bank of the Thames, entertained Londoners and visitors to London for 200 years. From 1729, under the management of Jonathan Tyers, property developer, impresario, patron of the arts, the gardens grew into an extraordinary business, a cradle of modern painting and architecture, and a music venue vital to the careers of Thomas Arne and George Frideric Handel: the Music for the Royal Fireworks was first played here, in a rehearsal attended by up to 12,000 paying customers. A pioneer of mass entertainment, Tyers had to become also a pioneer of mass catering, of outdoor lighting, of advertising, and of all the logistics involved in running one of the most complex and profitable business ventures of the eighteenth century in Britain. In this extraordinary work of historical reconstruction, David Coke and Alan Borg have collected a vast array of information about the gardens and somehow managed to arrange it into a compelling narrative. The book is almost too heavy to pick up, almost impossible to put down. The illustrations, some 300 in all, are sumptuous: not merely inert accompaniments to the story, they are read with a wonderfully careful attention to what they can tell us about the way, year by year, decade by decade, the gardens were changed, in search of the blend of continuity and novelty that was the secret of Tyers’s success in the glory years of Vauxhall.

more from John Barrell at the TLS here.