Below the Fold: Suspicion-less Searches: From Paranoia to Policy on a Boston Subway

The trek to downtown Boston from Jamaica Plain, the city neighborhood where I live and where once lived the mighty maestro Serge Koussevitzky and the mendacious James Michael Curley, is a rather mundane affair. Thanks to Michael Dukakis and his far-sighted technocratic flair, a subway line now serves us instead of a broken-down trolley line. Actually the subway line consists of an extension of an older line that used to end in Roxbury, the home of the largest African-American population in the city and the birthplace of Malcolm X. It passes that way no more, heading instead to where the city’s white people live or to where people of various colors are gentrifying neighborhoods like mine.

I arrived at the Stony Brook station, a brick and steel structure wearing its twenty years well, and what to my irritated eyes should appear but four cops and a dog set up to stop and search the bags of passengers of their choosing. As befits a true American, I averted my eyes and slinked by, but it got my Irish up, as my Grandmother used to say. So I turned to assay the situation once I had safely passed the turnstile. They had nabbed a suspect, a young college student with scruffy hair and a menacing book bag over his shoulder. It was all very low key. One of the cops was the local greeter and diverter. The other three, festooned in black jodhpurs, black boots, black shirts and black jackets with “Transit Police” written in big white letters on their backs, all of which I take to be a new police high fashion statement for maximum intimidation or simply the product of a Versace-jaded uniform maker, stood by the explosives residue sniff machine with Fido, a reassuring golden Labrador on a leash. If the dog had been a German shepherd… well I am sure by now you get the idea.

I got off at Back Bay Station, and this time, there were six cops standing by the entrance to the subway, conveniently located 75 feet from the Dunkin’ Donuts stand. Half of them were in the ersatz Versace outfits; the other three were in regular Boston police garb. No Fido, no sniff machine. They were just watching when I passed.

Suspicion-less Searches Are Legal

Welcome to America, where all of this is now right and proper. Yes, indeed, it is constitutional to stop and search persons entering or on mass transit without any reasonable suspicion that they are concealing something illegal like an explosive device. It started in New York City. Boston simply copied New York City’s guidelines, which had been declared constitutional by the federal 2nd circuit court of appeals, and at the former Governor Mitt Romney’s imperial demand, instituted a local stop and search process.

You can refuse to have your bag searched. But then you must leave the station, or suffer arrest for trespassing. The logic of the federal appeals court is quite interesting for what it reveals about our new Orwellian world. Because everyone is searchable without any judgment of suspicion on the police’s part, it is legal. The 4th amendment guarantee against unreasonable search and seizure that in many areas of law restricts police searches to those whom they suspect of a crime or who arouse suspicion of criminal intent no longer applies to subway and bus riders. Any city that wants to conduct “suspicion-less” searches on their mass transit can. The judicial trick is that because no one is under suspicion, everyone can be under suspicion. Anyone’s rights can be violated so long as everyone’s rights can be violated. Call it equal opportunity rights violation.

Why can “the state” do this? Another extraordinary piece of legal legerdemain: who is the state if not the representative of the citizens? Well, guess again. The state, like the corporation, that other brilliant piece of Philadelphia lawyering, is a legal person with “interests.” It also has “special needs.” When the state decides it needs to violate our rights to protect us, in this case from terrorism, so it can, as long as it does so indiscriminately. The Appeals Court in Brendan MacWade versus Raymond Kelly (460 F.3d 260 U.S. App.) found the fact that New York’s and now Boston’s suspicion-less stop and search operations are made to seem “random, undefined, and unpredictable,” so that the terrorists won’t catch on, an attractive feature of the policing at whatever subway station where the police find themselves. Now that would a first – color-blind justice in America. I don’t believe it. Further the court seems unaware of the fear such tactics create in ordinary persons feel when they find cops in their face unexpectedly, dressed in black and equipped with guns, a machine, and a dog, and demanding that they surrender their bags.

What’s good for courts is bad for people. You are not even permitted to develop a normal expectation, as in airports, that you will be searched. It is the perfect counter-terrorism. Like they used to say about slavery, the key is to make them stand in fear.

The suspicion-less stop and searches don’t even have to work. Don’t bother us with details, the Appeals Court says in MacWade. Quoting from a 1990 Supreme Court decision, the Appeals Court says that the decision to stop and search without suspicion of wrongdoing should be left up to the state whose agents “have a unique understanding of, and responsibility for, limited public resources.” It concludes that it is not part of the Court’s charge to assess the effectiveness of a program. It only passes on whether a program is a reasonably effective means of addressing the problem at hand, and then, the presumption is that the state knows best.

This notion really sets the mind in motion. Suppose a city is facing a drought, and the water commissioner decides that the most reasonably effective way of preserving the water supply is turning off everyone’s water. Why not? He is the commissioner after all, an agent of the state. Who know best the problem and the solution? Suppose a police commissioner determined that the most reasonable way to catch a posse of drug pushers was to barricade them in their houses until they gave up. Should they die of starvation, would the court go after the police commissioner or decide that state’s special needs entitled the commissioner take action as s/he thought fitting? Or as once was the case in Philadelphia with the group called Move, when police decided in May 1985, that they couldn’t serve them with a warrant. They bombed the house, killing eleven people inside, and set a neighborhood afire. Public safety, the city argued, demanded it. The city paid restitution to sixty-two families burned out of their homes, and even compensation to two Move survivors, but no police officer, or mayor, was ever brought to trial.

Measures for Social and Self-Defense

In suspicion-less searches, remember the state too asserts its special needs, and they are of the best kind: terrorist threats to public safety and national security. The appeals court in MacWade took the state’s agents in the New York case, including former White House anti-terrorism expert Richard Clarke, as the authorities best able to judge what is necessary. And, aside from requiring a formal showing that the solutions fit the problems that threaten the state’s special needs, the courts will set aside usual constitutional scruples, and not even ask whether the actions work or not. And you thought the Sun King and his kind were dead.

It turns out that in Boston at least, it is a good thing for the Commonwealth that it doesn’t have to prove effectiveness. According to reporter Mac Daniel in the January 31,2007 Boston Globe, the cops have stopped and searched 2500 people between October 10, 2006 and December 31, 2006. No explosive devices and no weapons. Of the 27 positive initial hits, between the sniff machine and the sniffing dogs, they were sorted out as benign. Among the things that make you sniff-positive, it turns out, are hand crème and asthma medication. Did you ever think your 4th Amendment rights could be violated for using Vaseline Intensive Care?

The Massachusetts ACLU notes that the number of searches is “infinitesimally small,” and calls suspicion-less stops and searches “a pretend security measure.” An odd position, it seems to me. Would they prefer that more persons be stopped and searched and have their constitutional rights violated?

The Massachusetts chapter of the National Lawyers Guild, according to Jeffrey Feuer, is eschewing a direct court challenge until or unless a really favorable case comes along. Why precipitate at this point a U.S. Supreme Court ruling that holds suspicion-less stops and searches constitutional, seems the reason. Instead they are working with state legislators on a law requiring the transit authority to show what there are doing, whether it technically can catch dangerous explosives, and how much it is costing. They hope that the transit authority will be forced to abandon the program on the grounds that it is both ineffective and very costly.

In the meantime, the Massachusetts ACLU website offers advice as to what to do if you are stopped by the police. They are good for any occasion, so keep them on the refrigerator with the picture of your Fido:

o Think carefully about your words, movement, body language, and emotions.
o Don’t get into an argument with the police.
o Remember, anything you say or do can be used against you.
o Keep your hands where the police can see them.
o Don’t run. Don’t touch any police officer.
o Don’t resist even when you believe you are innocent.
o Don’t complain on the scene or tell the policy they’re wrong or that you’re going to file a complaint.
o Do not make any statements regarding the incident.
o Ask for a lawyer immediately upon your arrest.

The Lawyer’s Guild adds a practical touch. Go to their website and download a sheet containing handouts that can be cut into little, business-size cards. They read:

“To Whom It May Concern: I am handing you this card because I choose to exercise my right to remain silent and to not answer your questions. If I am detained I request to immediately be allowed to contact an attorney. I will exercise my right to refuse to sign anything until I am allowed to speak with my attorney.”

Carry this card at all times. You never know when you’ll get lucky and be the tenth person hustling after that train. Random and indiscriminate, it can happen to you two or more times on the same day. Do keep multiple cards handy. Of course, do not touch them with hand crème or put them next to your asthma inhalator.

It goes without saying that shouldn’t pet Fido, or, according to the ACLU, the police officer. For those of you who are opposed to losing your constitutional rights, have authority issues, or just have a thing about uniforms, keep your head down, keep walking, and don’t get aroused.



Letter From Beirut

by Waleed Hazbun

February 4, 2007
Beirut, Lebanon

Last week, after much delay, I finally landed in Beirut where I spend 2007 teaching at the American University of Beirut.

Walking down the streets of the Hamra district of Beirut I think to myself that more cities across the Arab world should feel this way. Even as the city is re-dividing itself politically and police and security forces stand watch over public spaces, key buildings, and the residences of leading politicians, Beirut remains a urban, cosmopolitan environment. By invoking this term I do not refer to the fancy shopping districts with Euro-American name brand shops, the haut-hipsters hanging out a Starbucks (or even the much cooler De Prague), or the late night dancing parties going on at the trendy clubs. Beirut is a costal Levantine city that has never been cut off from other Mediterranean cities and trade routes nor fully isolated from its Arab/Islamic hinterland. It is not a show case ‘modern’ city built next to a museumfied medieval era ‘madina,’ like Tunis nor an artificial metropolis emerging out of a desert landscape due to royal patronage or the flows of petrodollars. It is more like Istanbul and how cities on coast of Mandate Palestine might have developed in some alterative reality.

I’m not exactly an expert on the topic but Beirut’s urban form seems to be a heterotopic mosaic in which each neighborhood developed from an interactive fusion between particular local features and ties to other places near and far. The Hamra district is located near the 140+ year old American University of Beirut (AUB). It is packed with bookstores and cafes and a few stores and restaurants that cater to its staff and faculty. The campus itself its beautifully located on a hill near the edge of the water which sparkles deep blue and makes a stunning site from many locations on its treed campus. Through the AUB the Hamra district has maintained ties to universities and intellectual centers across the world including a legacy of ties with Princeton. While less diverse than in the past, AUB’s students still come from all parts of the Lebanon as well as many parts of the Arab and developing world. Until the summer 2006 war, as the Provost recently explained, it even had a few dozen students from the United States. Its graduates are spread across the globe. Ironies of ironies, maybe, the new US representative to the UN is and AUB graduate, where he will work with Lebanon’s newly appointed representative who happened to be the chairman of the AUB department (Political Studies and Public Administration) where I will begin teaching next week.

These days Hamra is also being shaped by the current political standoff between the ‘March 14’ forces that control the government and the ‘March 8’ opposition that is seeking to bring down the PM and/or force him to create a ‘unity government’ that gives forces like Hezbollah (allied with some populist and pro-Syrian forces) a veto power of major political decisions. The ‘March 14’ forces are a motley crew (that includes right wing Christians, centrist Sunni Muslims, and a few democratic leftists) cobbled together in the large shadow of the assassinated former Prime Minister Rafiq Hariri who used his own personal wealth and business ties to help rebuilt this city destroyed by a the 1975-90 civil war. While a diverse district, Hamra is also historically a Sunni Muslim neighborhood where the current Prime Minister Fuad Sinora and the home of the late Hariri (where his family continues to lead the political movement he built) live. You can easily tell where they live by the concrete barricades and roadblocks that limit traffic near them and are manned by security forces from the interior ministry controlled by members of the ‘March 14’ coalition.

Other security forces and units from the national army (viewed as closer to the pro-Syrian politicians and dominated by Shia who are generally aligned with oppositions parties such as Amal and Hezbollah) are watching guard over the opposition-constructed tent city surrounding the Prime Minster’s downtown headquarters. These guards are spread across the city, having taken to the streets after the disturbing riots that took place at the Beirut Arab University, quite a long ways south from the Hamra district but still on the Western side of town bordering the shia dominated neighborhoods at the southern end of Beirut. In the wake of those riots a one night curfew was announced in an effort to defuse the tensions between rival political movements who find active supporters and cadre on the various campuses. The government even declared that all educational institutions had to shut down for a few days, delaying the start of the spring term at AUB.

I haven’t been over the ‘Christian’ East Beirut (the home of much of the fancy restaurant and night club scene), where they have their own tensions and fears due to the long string of assassinations and small scale bombing that followed the mass moving in the spring of 2005 to send the Syrian troops and intelligence networks back home. At the same time the Christian community is currently divided between followers of the March 14 forces and the populist former general Aoun who says he represents an alterative to the currupt, sectarian elites and has aligned himself with Hizballah in a effort to become the next President of the country (who must be a Maronite Christian).

The other night I read a profile of President John Waterbury in a recent issue (Jan 24) of the Princeton Alumni Weekly. It’s written by a Beirut/Damascus-based youngish Princeton grad who is a stringer for the NY Times. She often files culture/society/human interest stories. It’s not such a great piece in that it doesn’t really cover some angles, such as that some AUB students were not happy that JW suspended the counting of the student election results because there were protests outside the University gates. Some viewed this action as a suspension of democracy on campus, though the article gives him credit for defusing the situation where political protests by rival parties were taking place just outside the University gates. After the recent riots (which happened weeks after the essay was written) we are all the more sensitive to the issue, but who knows what policies would best prevent riots past and future. Internal security forces now cluster in front of the AUB Main Gate and help provide gate security. This might also be because Prime Minister Sinora lives across the street from campus. We also discovered, while getting Michelle a campus ID, that AUB has written a new policy for guests on campus. Not clear what it is, but I guess its a sign that the administration is working the situation.

The best part of the PAW article is that JW notes that every AUB class has its ‘war’ stories, some lived through wars, others riots, some student protests and sit-ins etc… (Remember we are making the 50th anniversary of the high-water era of Nasserist and Arab nationalist mobilization of the Arab street.) JW makes the point of saying that dealing with these events is part of his job and part of the AUB experience, in a sense they don’t react as if each represents a crisis, but an recurrent, almost expected sort of event that plans exist for. He notes that EVERY year ‘come hell or high water’ AUB has graduated a class. They deal with situations one day at a time. If they must close, they will for just the days they need, then they expect to get back open because its the duty of the place. In what I think is the best line of the interview, he notes ‘This show goes on.’

As I begin to sense the political tensions, that the political crisis will not likely be over soon, I have watched some of Hezbollah’s al Manar TV, complete with its slick American political campaign style negative ads mocking the achievements of Hariri (noting the corruption and massive debt that were endemic to his mode of operation)..and its pretty clear they have a critique of the govt that wont just go away, let alone their ability to gain outside support that in terms of effectiveness may match the $1 billion of so that the US is throwing behind the current govt. Who knows if regional tensions and the a New Arab/Middle Eastern cold war will tear it apart as it have other parts of the region. It will not stand isolated like the Gulf states under the security umbrella of the 7th fleet bolstered by the abundant petrodollars and financial returns.

Nevertheless, while I fear the implications of the coming Bush admin confrontation with Iran and the continuing fallout of its disastrous regional politices, the local political situation in Lebanon doesn’t seem to bother me, it only really saddens me. Maybe it’s the Baltimore still in me, the appreciation of the dwellers, entrepreneurs, and intellectuals who make their lives in that scrappy, rundown, post-industrial ruin of a formerly grand 19th century city that had its last peak, like Beirut, in the 1950s. This all leads me to fear the effects of over-gentrification, of global finance remodeling an urban space for tourism and hyper-consumerism. I have heard people mention, and seem to fear, Beirut becoming over-shadowed by the Gulf where they can buy whole libraries and museums and build “global cities” out of artificial islands, petrodollars, and imported labor and technology. Beirut might have lost some of its shine built in the last few years before its was dulled and scraped by the war and the resulting political turmoil. But it seems to me, that everything that is really interesting about this city, Hamra, and AUB are still here and will go on. It need not become again the ‘Paris, or Geneva etc.. of the Middle East.’ It likely won’t. Rather, what the Middle East needs now, and it needs it to survive out the current crisis, is a ‘Beirut’ with its difficult pluralism, intellectual debate, always inventive entrepreneurialism, and often splinted contradictory cosmopolitism.

Waleed Hazbun is Assistant Professor in the Department of Political Science at Johns Hopkins University.

My Perverse Critic: Marbeck Valerian

Australian poet and author Peter Nicholson writes 3QD’s Poetry and Culture column (see other columns here). There is an introduction to his work at peternicholson.com.au and at the NLA.

Apparently Patrick White used to build himself up into a state about bad crits of his books. However, the vegetation in his garden, and across the road in Centennial Park, did not turn yellow from an excess of spleen, and Patrick kept on writing. White knew bad crits were inevitable but, after dragging The Tree of Man out of his asthmatically-wracked body back on the farm that Kylie Tennant once called Frog Hollow, I don’t guess he was exactly ecstatic to read A. D. Hope’s final reference to his prose style, in a now notorious review, as ‘pretentious and illiterate verbal sludge’. White often had this kind of reception. Later success only encouraged some to thwack away even more. Hal Porter described White’s autobiographical Flaws In The Glass as ‘high-camp mysticism and low-camp waspishness’. White returned the favour, calling Porter ‘a sac of green pus throbbing with jealousy’. Fun in its way, and a predictable stoush of the kind familiar to literature the world over. [See Angela Bennie’s Crème de la Phlegm Unforgettable Australian Reviews The Miegunyah Press 2006, from which the above examples are taken, for more examples of Australian arts criticism.]

The old, old story. Artists make the art and put it out into the world. Its fate is indeterminate, whether well received, given the silent treatment or scorned. Anyone who gets into a life in art and thinks it is going to be any different for them is being hopelessly naive.

Marbeck Valerian is my imaginary name for all the critics one is going to come across who will misunderstand work, misrepresent it, or land on it like an Exocet missile and proclaim it the best thing since sliced bread, probably the worst fate of all.

Eduard Hanslick, origin of Wagner’s Sixtus Beckmesser in Die Meistersinger, doyen of music critics in nineteenth-century Europe, simply could not connect with the contemporary masterpieces that were set before him. All the learning in the world can’t help a critical sensibility out of the impasse that comes when a mind thinks itself attuned to the spirit of the times. Which in Hanslick’s case meant Brahms. Wagner, Bruckner and Tchaikowsky were beyond him—Bruckner 8: ‘At long last, the Finale—which, with its baroque themes, its confused structure and inhuman din, strikes us only as a model of tastelessness . . .’ I suppose you can get some entertainment value out of this kind of criticism. But when your reading audience starts looking forward to seeing who, say, to take two names from the past, Kenneth Tynan or Auberon Waugh are going to eviscerate in their weekly column, something has gone askew in the relationship between artist, critic and audience. Part of the problem arises from the thinning dividing line between reviewing—one person’s opinion—and criticism, which is meant to be a more considered and analytical overview of cultural product.

Hanslick was wrong from the start, to quote someone who got into troubled waters through pride. However, this is really the way it must be. And why should art have an easy time of it? The teacher, the nurse, the miner and the police constable are not going to have an easy time of it. No. The poor and the oppressed are certainly not going to have an easy time of it either, pace the look-at-how-I’m-suffering-unlike-the-rest-of-the-world tone of some confessional verse. What is so special about artists that they should be given a dispensation from the vexations others encounter, when journalists can be murdered for simply trying to write the truth? The history of art is prolix with attacks on great works of art and grotesque misreadings of its nature. It would be the shortest of perspectives to expect anything else. The ideal, the aesthetically beautiful, must have swum through muck before it has a chance of landing on calmer historical shores. Metaphorically, art is always swimming the Hellespont in its Byronic aspiration towards the sublime, or the nihilist’s sublime denied. Carping criticism is just one of the many hurdles to be faced along the way, hurdles that change the perspectives with which we look at the art we admire, or the art we do not like, or do not understand.

There is a problem specific to poetry: mistaken thinking about poetry by the general public. Misuse of the word ‘poetic’ is so common as to be beyond repair. Proper poetry dives into the world, takes in its multifariousness, its roughnesses and tragedies, its joy at beauty, even as the poet grabs on to the broken glass shards of the Muse’s patchy visitations. ‘Poetic’ is not another word for nice, kind, sedate, palatable. Between top-heavy pronouncements from various spots around the publishing globe and the general public’s indifference to the real poetic, falls the shadow, Cynara, of the individual writer’s efforts to get him or herself understood on a proper footing.

It’s true, as Robert Hughes has said—a critic has to have a harsh side, otherwise all you get is blandout. That apart, critics will come in many guises. One will behave like Stalin, casting the unchosen to outer darkness. Another will gather in a sheaf of sensibilities with an almost creative zeal. A few imply they have read everything and therefore their commentaries come with an air of supernal wisdom. Nothing of the kind, of course. Then there are zealous attenders of conferences on Bakhtin and Benjamin who duly proceed to force-feed any perceptions they might have through the mindset of their heroes. More than a few may as well come with ‘agenda approaching’ branded on their foreheads for all the subtlety used to spruik friends or pet theories. Some see it as their solemn duty to spend a lifetime rubber stamping status quo fodder. What to say about the opaque wall of French deconstructive criticism that towered briefly across the literary landscape. So-called New Criticism, Pound’s boosterism, Leavis’ purple prose about Lawrence . . . and so on, and on. Personally, I can’t think of any critics with whom I am in general agreement about literature or art. When reading all these people you can get an interesting perspective, learn new things about art and artists, enjoy the erudition, if worn lightly.  However, in art, it is essential not to let others do the thinking for you. Perhaps that’s even more important with artists you admire and who write on art too. I often disagree with some of my favourite artists. Wagner seems misguided on all manner of subjects. ‘Poetry makes nothing happen’ and ‘All art is quite useless’ are two statements from Auden and Wilde that irritate me.

So, merrily we roll along, as the musical has it. Well, good criticism is important. We must have it, along with the self-serving or blinkered kind. The rare piece of literary criticism that proclaims the arrival of something important is notable only for its scarcity. Poets who write poetry criticism—and there are a lot who have, or do—are on difficult ground. In The Undiscovered Country Poetry in the Age of Tin [Columbia University Press 2005, 343] William Logan calls John Berryman ‘a brilliant critic’—which might very well be true—but I would much rather Berryman wrote less criticism and worked on his poetry more.

Just as well art finds its own timeline, which is not criticism’s.

Marbeck Valerian may be your long-term friend. His/her misunderstandings are the seeds from which art begins its proper journey through time’s unpredictable mangle.

                                                                     *

          The Artist’s Agony Aunt Replies

Brobdingnag into Lilliput doesn’t go—
Work that out early if you want to keep
Your gold estate
From predations by those CEOs and phonies
Who’ve risen to the level of baloney.

Art is more important than their blather,
But only you and the happy few will know
Why you’ll be intransigent and stroppy
When they’re expecting parrot words to serve
For beauties and their furies here conferred.

Art cannot wait for being understood
When blood has, by the Muse, been dispossessed.
They’ll want you to sell short your better part
For slaps on the back and lower ranks of things
Where they have dumped their burden without wings.

For all the money, politics and kudos
Others have for meaning in their lives,
When summing up a goodness that survives,
The gift of art, however hard or strange,
Is worthy of a life none with you may change.

Written 1996

Empire with No Clothes: Lessons for India from America

If you are thinking the United States and George W. Bush you are right too, but I am thinking of something closer to my home in India, which may not be that dissimilar. The felling of Saddam Hussein’s statue in central Baghdad and the proclamation of victory in the war against Iraq seems a distant memory. What Bush and his advisers forgot was to be ready to manage the empire after the conquest. Sadly they forgot to take their clothes, and were completely exposed, caught rather embarassingly with their pants down. Three years on George Bush stands as the emperor with no clothes as anarchy reigns in Iraq and the costs of war to his own people rise, be it the loss of life or the drain on resources. The superpower humbled by its own incompetence.

What, you might ask, does this have to do with happenings in India? Well, something unusual happened last week: an ageing Indian company, no less than a hundred years old took over a much younger and bigger company in Europe. The Tata Steel takeoever  of the Anglo-Dutch behemoth Corus Steel was greeted with a chorus of euphoria in India, not dissimilar to the euphoria in America after the fall of Baghdad in 2003. India, some claim, is now a superpower spreading its economic might and empire, while the Tata’s are the army, leading the triumphant charge. A scratch below the surface of triumph conceals a reality check which all in the euphoric chorus would be well advised to take heed of.

Can India possibly claim to be superpower, the new emperor, just because some of it’s corporates are taking over firms abroad. Corporate might hasn’t turned into well-being for the majority of the people who still languish in poverty, illiteracy, hunger: basically dismal human conditions. Even possessing a few nuclear weapons doesn’t change this fact. And if half a country’s population cannot read, feed or cloth itself, what does that say about the empire? Even the American empire seems hollow when it is estimated that one in six people in the US is functionally illiterate, a large number of them live in poverty, where poverty is often a function of race, and where hurricanes like Katrina leave the mighty government fumbling for solutions.

But let’s return again to to the Indian empire. What of the valiant army, the foot soldiers, the Tata Group in this case. Are they creatings trong empires or merely those in name but no substance? A closer examination of some of the facts about this takeoever and takeovers in general may shed some light.

To begin, creating an empire, whether corporate or political costs money. And someone has to pay. The Tata’s have paid $12.1 billion for Corus. Money that is borrowed and has to be paid back, with interest. Will the new conglomorate be profitable enough to make their investment worthwhile?

One may argue that Tata Steel is now a giant, the fifth largest steel company in the world. But giants aren’t always profitable or successful. Look what happened to Corus. Look elsewhere at what is happening to other gigantic firms: General Motors is struggling, so is Ford. And these are legendary firms, which we were told, have sales in excess of the GDP of many developing countries.

But Tata Corus may be different. Possibly. Note, however, the fact that Tata Steel has acquired a firm which is much less efficient than itself, both in terms of profit margins which are about half of Tata’s and in terms of costs, which are much higher especially the costs of labour. Thus, the immediate outcome for the combined entity is a fall in profitability and efficieny from the level of Tata Steel. Think the outcome for Germany after the more prosperous West united with the less prosperous East, and you’ll get the picture. Thus, a lot of hard work is needed to pull Tata Corus up. Is Ratan Tata’s homework ebtter than George W. Bush’s, or is it an act of bravado based more on hope than on hard economic calculus? Have the Tata’s over-stretched themselves in order to ‘ win their battle’ (prompted by a jingoistic nation and it’s over enthusiastic media) for Corus, against CSN from Brazil? Groege Bush and his army are certainly over-stretched in Iraq, and feeling the heat. Even the highest quality steel can melt under extreme temperatures.

What makes things even more complicated for the Tata’s with Corus is that steel is a sunset industry in the West. The demand for steel and the production of steel in the UK, which is the home of Corus, has fallen steadily over the last thirty years. Steel in a sunrise industry in emerging markets. So it makes sense acquiring firms in say China and Brazil but does it make the same sense acquiring an Anglo-Dutch firm which basically services small and shrinking markets. Again, time will tell, but the outcome is far from certain.

An investigation into the technical side reveals evidence from economic literature on the subject suggesting that mergers and acquisitions do not always lead to higher profits for the new company, or indeed higher share prices. In fact, a lot of evidence from the industrialized countries, where a majority of mergers and acquisitions have hitherto occurred, shows the opposite. What does happen for certain is a downsizing of jobs.

Acquiring a firm in a different country brings its own adjustment problems. A probable clash of managerial and worker cultures. A resistance to control by a firm seen to be from the developing world. Again the analogy with what the Americans are facing in Iraq is obvious.

If this is sounding very pessimistic, let it not. It is not meant to be. The Tata’s have achieved a lot, both in India and abroad, especially under the able stewardship of Ratan Tata. In fact, some of their earlier acquisitions of steel firms in Thailand and Singapiore  made good sense. As did their takeoever of the bankrupt Daewoo Commercial Vehicles at a very reasonable price. India as a country, too, has made great strides over the last sixty years. But proclamations of conquest, and of empire, or of superpower status seem premature. Almost like hubris before a fall. Just like Iraq 2003. Caution is the better part of valor, and the enthusiasts would do well to temper their emotions, and let those in charge do their homework dilligently, without the pressure of jingoism and nationalism. The outcomes, in that case, are likely to be way superior.

It would seem wiser to be in a situation where one is all dressed up with nowhere to go, than to rush towards an empire with no clothes.

Sunday, February 11, 2007

the rise and fall of ziggy stardust’s personal assistant

Ziggy

10 a.m. Woken up today to Nepzoid clawing my face. The cat, from Japan, is now without a doubt my arch-nemesis. It took me two weeks to find a Japanese cat with a “screwed-down hairdo”; the pet-store owners over there are wholly unhelpful. Ziggy seems pleased with him—last night, he scrawled “NEPZOID IS VOODOO” on the bathroom mirror after staring at himself and crying for over an hour.

12 p.m. Sitting in the parking lot, waiting for Ziggy’s dry cleaning. Mostly gloves and a feather boa or two, as usual. Last night, I asked him why he has so many left-handed leather mittens—huge mistake. He screamed something about his “sweet hands,” ran into the studio, and banged his penis heavily against an electric guitar.

more from McSweeney’s here.

Helon Habila and oscillatory in-between-ness

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Twins, quadratures and syzygies have long been part of Nigerian literature and myth, usually as a challenge to views of society based on the primacy of the individual. Given the way the country has gone, Nigeria now being a byword for scheming selfishness and corruption, it seems no accident that twins should play such a big role in the late renaissance of the Nigerian novel, as illuminated by Helon Habila, Chimamanda Ngozi Adichie and Helen Oyeyemi.

That renaissance is a phenomenon for which any lover of African literature must be grateful, for not since the early 1970s has much emerged from the continent that has been able to make a global impact. There are many reasons for this, but chief among them is the paralysing connection between a breakdown of societal mechanisms (including publishing) and the wider degradation of what might be described as “citizenship memory” – something by no means limited to Africa.

more from The Guardian here.

VIJA CELMINS: I am nature looking at itself.

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By 1964, Celmins had already experienced a crisis with her previous Abstract Expressionist painting style as a grad student at UCLA (having fled with her family from war-torn Latvia for a new life in Indianapolis — almost certainly an improvement). Inspired by the epically mundane paintings of Giorgio Morandi, the cranky theories of Ad Reinhardt and the ob-comp-lit of Alain Robbe-Grillet’s nouveau roman, Celmins broke through by painting deadpan realist images of the objects sitting around her Venice studio — a toaster, a fan, a double gooseneck lamp, a hotplate, a space heater. These unmediated records of the perception and translation of visual phenomena from three-dimensional reality to two-dimensional reality were the template for Celmins’ eventual disappearance into the work.

You can sense Celmins groping toward this near invisibility in the first room of the chronologically ordered exhibition. While much has been made of the autobiographical overtones of her trompe l’oeil renderings of warplanes (or, more precisely and essentially, of clippings from books and magazines depicting warplanes), the inclusion here of images depicting the Bikini nuclear test, a skyful of clouds, the aftermath of Hiroshima, and space-probe photos of the surface of the moon suggests an attempt to achieve a kind of symbolic neutrality — a flattening — of the extremes that make up human experience. Evil may or may not seem banal, but it is most certainly mundane.

more from the LA Weekly here.

Inside the Madrasa: A Personal History

Ebrahim Musa in the Boston Review:

DeobandAs I walked one morning last spring through the town of Deoband, home to India’s famous Sunni Muslim seminary, a clean-shaven man, his face glowing with sarcasm, called out to me. “Looking for terrorists?” he asked in Urdu. “I have every right to visit my alma mater,” I protested. With a sheepish grin he turned and walked away.

I shouldn’t have been so annoyed. The century-old seminary in Deoband had come under intense scrutiny after the Taliban leadership claimed an ideological affiliation with it via seminaries in Pakistan and Afghanistan. Journalists, politicians, and diplomats have since September 11 descended periodically on this town near Delhi in the northern state of Uttar Pradesh, long considered the intellectual and spiritual heartland of Indian Islam.

Once the Taliban was linked to Bin Laden, every aspect of India’s Muslim seminaries, or madrasas, became stigmatized. Top-level U.S. officials, British Prime Minister Tony Blair, and a chorus of journalists, pundits, and scholars have declared all madrasas to be breeding grounds for terrorists, but they have done so without any evidence and without an understanding of the complexity of these networks of schools, which are associated with multiple Muslim sects and ideologies.

More here.  [Photo shows Darul Uloom, Deoband.]

The Needle and the Damage Done

Elizabeth Weil in the New York Times Magazine:

11lethal_2Lethal injection is the most recent attempt to find a way to transport condemned inmates from life to death in a manner that does not offend our civilized sensibilities. Over the past 100 years, states have chosen from, and discarded, as many as five execution techniques. As a dominant method, the noose has been replaced by the electric chair and the electric chair by lethal injection. Some states also cycled through the firing squad and lethal gas (all five methods still remain options in one state or another). Each change in technique was based on the notion that the new method would be better — more dignified, less gruesome — and in some ways each has been. Nooses, if the drop is too short, can leave bodies twitching for up to 45 minutes, and if the drop is too long, as it was for Saddam Hussein’s half brother, the condemned can fall with so much force that his head is ripped off. Firing squads are considered too violent. Lethal gas takes too long; the 1992 lethal-gas execution of Donald Harding in Arizona was so long — 11 minutes — and so grotesque that the attorney general threw up and the warden threatened to quit if he were required to execute someone by gas again. The electric chair often results in horrible odors and burns; in Florida, in the 1990s, at least two inmates heads’ caught fire, and the chair routinely left the condemned’s body so thoroughly cooked that officials had to let the corpse cool before it could be removed.

More here.

Wax intellectual about tomes that you have never actually read

Sarah Vine in The Times (of London):

Well, zut alors! A distinguished French literary professor has become a surprise bestselling author by writing a book explaining how to wax intellectual about tomes that you have never actually read.

Pierre Baynard, 52, specialises in the link between literature and psychoanalysis, and says it is perfectly possible to bluff your way through a book that you have never read — especially if that conversation happens to be taking place with someone else who also hasn’t read it. All of which just goes to confirm what I’ve always thought about French academics, which is that mostly they are oversubsidised frauds.

Obviously I haven’t read Mr Baynard’s book; but it is in the spirit of his oeuvre that I shall proceed to write about it anyway.

More here.

Respecting the Holocaust

Howard Zinn in The Progressive:

Fifteen years ago, when I was teaching at Boston University, I was asked by a Jewish group to give a talk on the Holocaust. I spoke that evening, but not about the Holocaust of World War II, the genocide of six million Jews. It was the mid-eighties, and the U.S. government was supporting death squads in Central America, so I spoke of the deaths of hundreds of thousands of peasants in Guatemala and El Salvador, victims of American policy.

My point was that the memory of the Jewish Holocaust should not be circled by barbed wire, morally ghettoized, kept isolated from other atrocities in history. To remember what happened to the six million Jews, I said, served no important purpose unless it aroused indignation, anger, action against all atrocities, anywhere in the world.

More here.

The Number: 654,965

When Johns Hopkins epidemiologists set out to study the war in Iraq, they did not anticipate that their findings would be so disturbing, or so controversial.

Dale Keiger in Johns Hopkins Magazine:

P3031 In April of last year, Gilbert H. Burnham and Leslie F. Roberts, A&S ’92 (PhD), began finalizing plans for some new epidemiology. There was nothing notable in that; Burnham and Roberts, at the time both researchers at Johns Hopkins’ Bloomberg School of Public Health, were epidemiologists. What was notable was the subject. They would not be studying the spread of HIV in sub-Saharan Africa, or incidence of cholera in Bangladeshi villages. They meant to conduct epidemiological research on the war in Iraq. They would treat the war as a public health catastrophe, and apply epidemiological methods to answer a question essential to an occupying power with the legal obligation to protect the occupied: What had happened to the Iraqi people after the 2003 U.S.-led invasion?

Their efforts produced a mortality study, their second in two years, published last October in The Lancet, Britain’s premier medical journal. The study produced a number: 654,965. This was the researchers’ estimate of probable “excess mortality” since the 2003 invasion — Iraqis now dead who would not be dead were it not for the war. The number was a product of the study, not its central point. But it commanded attention because it was appallingly, stupefyingly large. It was beyond anyone’s previous worst imagining. It was just plain hard to believe, and in the weeks following its publication, it became an oddity of science: a single number so loud, in effect, it overwhelmed the conclusions of the research that produced it.

More here.  [Thanks to Asad Raza.]

While war rages in Iraq, some Hollywood friends gather to talk, watch movies and have sex

From The Washington Post:Smiley

It’s March 2003, and the war in Iraq has just begun. Such is the backdrop for Jane Smiley’s new novel, Ten Days in the Hills, a work modeled in part on Boccaccio’s Decameron. Instead of fleeing the plague, however, the ensemble in Smiley’s book is hoping to exist for a short while in a world free of newspapers, television and reports from the front — distant as that front is. They have withdrawn the night after the Academy Awards to the home of a 58-year-old movie director named Max, “a mansion that cascaded down a mountainside in Pacific Palisades, looked across Will Rogers Memorial Park at the Getty Museum, and had five bedrooms, a guesthouse, and a swimming pool down the mountainside (three flights of stairs) that caught the morning sun.” And then there are the gardens. Moreover, this is only the first of two homes — the second so palatial that it makes Max’s place look like a shabby bungalow near LAX — in which the pilgrims will take shelter.

In those mansions, they will tell stories about their lives and their beliefs, and they will forge new friendships and alliances (some sexual, some political).

More here.

In Pakistan, the Problems That Money Can Bring

From The Chronicle of Higher Education:

Pakistan_1 Over the past four years, Pakistan’s higher-education budget has increased more than sevenfold, to about $449-million. While that amounts to only 0.5 percent of Pakistan’s gross domestic product, it is a big improvement from the days of barely enough to pay “measly salaries and basic bills.” More than 800 Pakistani students, supported by the government, are working toward doctorates in engineering or the sciences in countries including Austria, Britain, China, France, Germany, and South Korea — up from about 20 in 2002.

A plan to attract expatriate professors and foreign faculty members back to Pakistan, with substantial research grants and salaries of up to $4,000 a month — about a third higher than the maximum pay for professors on the tenure track — has lured 350 expatriates, as well as 201 long-term faculty members and 88 scholars on a short-term basis.

Plans are in the works to start nine engineering universities across the country, in collaboration with Austria, France, Germany, Italy, Sweden, and other countries, in order to fix the country’s acute shortage of engineers, at a cost of $4-billion to the Pakistan government. Five law schools and several medical schools are in the works as well.

So why are students and professors alike worried? The chairman’s many critics say the flood of money has led to corruption, plagiarism, and favoritism.

More here. (Thanks to Dr. Pervez Hoodbhoy).

Saturday, February 10, 2007

Kapuscinski’s encounter with India

Ruchira Paul in The Accidental Blogger:

21184Came across this charming little travel tale (via Amardeep) in the New Yorker.  Polish travel writer Ryszard Kapuscinski reminisces about the first time he stepped out of his homeland and landed in … India (via a short stop in Rome).  The India he describes is of another era – from the 1950s.  Much has changed since then but a lot remains the same. What some of us can identify with in the essay is the author’s keen wander lust, tempered by caution. He just wanted to cross the border from Poland … and return home the same day! Not for him the distant and the unknown, not even Paris or London.

“I rattled along from village to village, from town to town, in a hay cart or on a rickety bus—private cars were a rarity, and even a bicycle wasn’t easy to come by. My route sometimes took me to a village along the border. But it happened infrequently, for the closer one got to the border the emptier the land became, and the fewer people one encountered. The emptiness only increased the mystery of those regions, a mystery that attracted and fascinated me. I wondered what one might experience upon crossing the border. What would one feel? What would one think? Would it be a moment of great emotion, agitation, tension? What was it like, on the other side? It would, of course, be . . . different. But what did “different” mean? What did the other side look like? Did it resemble anything I knew? Was it inconceivable, unimaginable? My greatest desire, which gave me no peace, which tormented and tantalized me, was actually quite modest: I wanted only one thing—to cross the border. To cross it and then to come right back—that would be entirely sufficient, would satisfy my inexplicable yet acute hunger.

But how to do this? None of my friends from school or university had ever been abroad. Anyone with a contact in another country generally preferred not to advertise it. I was sometimes angry with myself for my bizarre longing; still, it didn’t abate for a moment.

More here.

Great Performers

Lynn Hirschberg in the New York Times Magazine:

Screenhunter_01_feb_10_2219It was not a standout year for filmmaking, but the acting in 2006 was consistently intriguing and often thrilling. In our annual photographic portfolio, the magazine has never tried to guess which actors will win awards but rather to praise performances that moved, distressed, enlivened and, finally, amazed us. We are saluting 22 of those remarkable characters: from Helen Mirren, whose subtly layered portrayal of Queen Elizabeth II both humanized a seemingly cold matriarch and revealed the complicated nature of duty in shifting times, to Sacha Baron Cohen, whose brilliant, seamless portrayal of Borat was simultaneously hilarious and shocking, to the lesser known Abbie Cornish, who was heartbreaking in “Somersault,” an Australian coming-of-age film that played in American theaters for only a few weeks.

More here.  [Photo shows Cate Blanchett.]

The Story of the Time Traveler

From a review of Ronald Mallett’s Time Traveler:

Physicist Mallett’s theory that ‘space and time can be manipulated’ to make time travel possible has gained national media attention. His research and theories flow nicely through this easy-to-read autobiography. Mallett, one of the first African-American Ph.D.s in theoretical physics, has lived under the shadow of his father’s death when he was 10. His struggles with poverty, racism and depression, coupled with his extreme drive to succeed at building a time machine and so see his beloved father again are inspirational. (Publishers Weekly)

The story of how the death of his father drove him to build a time machine–and led him to theoretical physics–is beautifully told in this installment of “This American Life” entitled “My Brilliant Plan.” (The story is about 33 minutes into the episode.)

[H/t Linta Varghese.]

for bug fans

Mike Spinelli in Wired:

Folksy The Volkswagen bus: 1960s beach bums dug it, brah. And no wonder. It was cheap, had plenty of room for surfboards, and was about as complicated as a lawn mower. That’s why, when Volkswagen of America’s Electronics Research Lab in Palo Alto wanted an unassuming vehicle to house some of its undercover tech, it settled on a roomy, 21-window Deluxe Microbus from 1964. Dubbed Chameleon by the ERL team, the van — purchased on eBay for $20,000 — has been completely restored, converted to electric drive, and stocked with the lab’s souped-up automotive electronics. But the best part? It still looks boss on the beach.

A) ALL-ELECTRIC POWER
The Paleolithic air-cooled engine, which once put out double-digit horsepower, has been replaced with an electric motor fueled by 10 lithium polymer batteries. The plug for recharging is hidden inside the false tailpipe, and rooftop solar cells mounted on two surfboards provide additional juice the natural way.

B) MOBILE ENTERTAINMENT
Can’t catch a wave? Catch a movie instead. A 42-inch Sony LCD rises into place behind the front seats at the touch of a button. The rear window glass changes electronically from transparent to opaque, doubling as a movie screen for a digital media projector. Plus, the MP3 player responds to voice commands.

C) BIOMETRICS
In lieu of a key, an infrared palm-vein scanner built into the gas cap identifies the driver. The system can be programmed for multiple users with separate security levels (door unlock only, door unlock and startup, et cetera). Similar ID systems are already in use at ATMs in Japan and top-secret US government facilities.

D) INFORMATION CENTER
A circular digital instrument cluster mimics and updates the original analog speedometer, acting as a central information hub with a graphical user interface and speech recognition to control the bus’s various functions. It also serves as a display for the nav system, which links with Google Earth to provide 3-D maps.

More here.