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Showing posts from April, 2019

From the hate-mail bag!

I get a lot of mail at work. It breaks down about like this: 75%: Mail from people in prison 10%: Magazines, junk mail, and catalogues 10%: Letters from people I know 5%: Hate mail Invariably, the letters from people in prison are polite. Even the people with loopy legal theories or unfortunate ideas of what my work entails are nice about it. So are the letters from people I know. Even the catalogues seem to have good intent. As for hate mail, the internet has largely taken that business away from the postal service. Most of the nasty-grams I get are emails now, which is kind of sad in its own way. I get a lot of those after I have written something on a controversial topic. It's not a big deal; it comes with the territory. Of course, they often don't send them to me but to my Dean or others, thinking that perhaps upon hearing that I am part of the "Lib Scum Army" that the Dean's hair will stand straight up and I will be fired. The most caustic emails came in resp

The end of the year

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As I have been most of my life, I am living on the academic calendar. That means that I am coming to the end of the year, a deeply bittersweet time. Graduation is a thrill, but also marks a break with people I have come to know and love, the students who will go on their way to other places. It is, of course, what is supposed to happen, but that does not make it easier. There are other landmarks, of course. Today is my last class period for criminal law and for my clinic; my criminal practice class ended on Thursday of last week. I always feel awkward in those last few moments; it is kind of a Midwestern good-bye. At my best, I come up with a good story for those last few moments, something that connects to the deepest emotions of the subject (and in criminal law, those do in fact run pretty deep). Then I kind of wave awkwardly and mumble as I quickly back out the door. When I left Baylor, I even pulled an epic stunt so that no one would notice I was leaving. They all go. The school

Chore of Spring

I love haiku that is earthy and shows us a picture of something. Christine did that last Friday: Trusty wheel barrow tires pumped up and ready Time to spread the mulch.

Sunday Reflection: The Darkness and the Light

Yesterday I went to a funeral. Dawn Harrell was an author and minister, editor, mother and wife. She contracted cancer at 48 and leaves behind my friend Daniel and their daughter Violet, who is in fifth grade. In a recent post, Daniel mentioned that his wife was a believer in "letting darkness do its work," in the sense of letting grief be whole and real. There is deep truth in that. I know people who treat everything like a funeral: they see sadness in everything, and are attuned primarily to the tragedy that is always present or near. I also know people who tend to treat everything like a wedding. Both of these views encompass a fair amount of denial. Both darkness and light need to do their work. In a very literal sense, we are never in total darkness. Nor are we ever completely in light. There is darkness about us, in shadow, on the brightest day. Even the darkest night offers pinpricks of light. But there is a time to mourn, and a time for joy. And we must let each do it

Minneapolis Media day!

Yesterday, I got to weigh in on a lot of the important stuff going on. I had a piece in the Star-Tribune about the Mueller Report. You can read that here . Then, in the evening, I went on one of my favorite shows, Almanac on Minnesota Public Television, to talk about the Noor trial. You might be able to see that here  [or above, starting at about 3:10).

Haiku Friday: The chores of Spring

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[Pictured here: Not exactly a chore, but I think I was trying to save a baguette from a group of neighborhood miscreants] If you are like me, you are finding yourself outside with some tools: a rake or a limb-cutter, or a chain saw. It's the first decent days of Spring, and there is a lot to do, inside and out. Let's haiku about that this week! Here, I will go first: I do love Spring's tools: The saw and spade and clippers And sun, rain, an soil. Now it is your turn! Just use the 5/7/5 syllable formula and have some fun!

PMT: Fascinating corners of the Mueller Report (Part I)

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So... yeah, I read it. And it is fascinating. It took awhile, but it was worth it. Here are some of the things I found and thought (Part I): 1)  Volume I, which details how Russia tried to undermine our election in 2016, is probably more important historically than Volume II, which covers allegations of obstruction of justice by President Trump. Even though the President (or anyone in his immediate orbit) is not described as being a conspirator with the Russians, the larger issue for us really is how this happened-- and how it is likely to happen again if action is not taken. 2)  The redactions seemed reasonable to me. I was worried there would be an abuse of the ability to redact material that would be derogatory to third parties, but that was very rarely used-- and one of those few times was to protect Bill Clinton(!). 3)  The Russian efforts were clearly in favor of the Trump campaign, and they went so far as to actually organize pro-Trump rallies over social media. Vol I, p. 29. Th

What's Shakin' in Waco

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Buzzfeed has up a pretty fascinating article on my old haunt, Waco. You can read it here . Like many recent articles it focuses on the Gaines Effect, but also spends some time with one of my former students, Dillon Meek.  Here is one part I found especially intriguing, in part because I have been a little baffled by the prevalence of a certain demographic among the crowds there: In the five days I spent in Waco, I found myself stymied by the thought: Do I love this? Do I hate this? Or do I just resent how effectively I’m being marketed to? As a white, middle-class woman, it’s difficult to shake the feeling, walking from shop to shop, of being haunted by the physical manifestation of a targeted Instagram ad. But there’s something about Chip and Joanna Gaines — and, by extension, the changes they’ve helped catalyze in Waco — that tends to disarm cynicism.

A few more thoughts on Easter

While sitting in church on Easter, soaking up the beauty of that day and that moment, I had a little tiny epiphany. It occurred to me that we focus on the miracles of Jesus, and sometime imagine that we can re-create them (ie, faith healing). But... most of what he did were things that we can do without employing the supernatural. He sought out the outcasts and spoke with them. He confronted the powerful with their hypocrisy. He led by example, and humbly. He fed those who were hungry. He encouraged those who were downcast. He made breakfast for his friends. He was not afraid to surprise people. And there is much more, of course....

Doing the reading

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I was taken by Megan Willome's haiku last Friday: I can't bear to leave "Kristin Lavransdatter," so I reread it all. I had never heard of Kristin Lavransdatter, so I had to look it up. It turns out that it is not one book but three-- a trilogy of historical novels by the Norwegian Nobel laureate Sigrid Undset. If (like me) that doesn't mean much to you and you have never heard of Undset, that's because she wrote the books in the 1920's. The books describe medieval life in Northern Europe, which--based on my fascination with the Norwegian TV show "Norsemen," should be right up my alley! I plan to check them out. Also of note: Megan Willome will always be cooler than me.

Sunday Reflection: Resurrection

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It is Easter day; He is risen.  After all these years of thinking about it, I am still not sure what to make of that. I believe in Jesus and what he was and is, and would even in the absence of miracles; it is the teaching that rings out with truth. And yet, we have these miracles, and this one is the greatest. For some reason, Jesus's resurrection isn't the one that strikes to my core. That would be the resurrection of Lazarus, who was brought back to life by Jesus after he was dead and being mourned. Lazarus was one of us, after all.  If heaven awaited, why would Jesus resurrect him? That question gnaws at me. I can think of two answers. It is possible, I suppose, that Lazarus was not headed for heaven, and Jesus was giving him another chance. The other possibility is that Lazarus had more to do here, that his resurrection was for the benefit of Martha, Mary, and the others around him. And that is the idea that moves me. I do believe we all have a role to play, and important

Press Secretaries and Truth

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I remember watching the press conference where Sarah Sanders claimed that after FBI director was fired "countless" FBI agents applauded the move. At the time, I thought "that's not right." It just didn't make sense, based on what I know about FBI agents. They just aren't the type of people who call the White House to comment on political moves, even if they did not like the director who was fired. Does this mean she should be fired or resign? What level of deception are tolerated in that position?

Haiku Friday: What we read

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Yesterday was a big day in my field: Robert Mueller released his report on Russian interference with the election in 2016 and possible obstruction of justice by President Trump and his associates. It was released while I was teaching class in the morning, and when I was done I raced to look it over. I knew a few people would have questions for me about it, and they did. But I ignored a lot of others, because my heart really wasn't into answering questions about what in the report made me mad. Instead, I was thinking about the sermon I was to give last night at First Covenant, for Maundy Thursday.  So, I set the Mueller Report aside and read about the Last Supper.  We don't always read what we are supposed to read, or what people might expect us to read. Scholars sometimes read comic books, and prisoners read treatises.  Let's haiku about what we really read... here, I will go first: I am holding the  Arts section of the Times, 'cause The crossword's inside. Now it i

Political Mayhem Thursday: The Mueller Report

As I write this, I haven't read the Mueller report. I imagine that it will be a handful-- rumor has it that it runs to 400 pages. Of course, much of it will likely be redacted, and some of that page total may be attachments-- for example, copies of indictments that we have seen already. When I do get to see it, here is what I will be looking for: 1) I'm first going to check out the structure of the document. My understanding is that it comes in sections with summaries at the beginning. If so, I will start by reading all of the summaries-- they will tell me what to look for in the body of the text. 2) In terms of the meat of it, I am most interested in the interviews they did and the findings they drew from them. After all, they talked to so many of the figures in the WH and its orbit: Sarah Sanders, for example, was just one of those questioned outside of the Grand Jury, meaning that her statements won't be redacted (at least for that reason). 3) I suspect that the acts con

The many bees of Waco

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I just can't stay away from Waco-- I had pieces in the paper there on Tuesday and on Sunday last week. The second of these was about the Waco economy, and was given the headline What's Really Buzzing About Waco .  The idea for the piece came from thinking about Chris Clark , who was one of my students at St. Thomas Law School after he finished his undergrad at Baylor. He was a wonderful member of the community here, and after he graduated he went back to Waco to make his life. He's a guy who is a creator; he bubbles with ideas and has had a great role in starting small businesses both as a lawyer and an entrepreneur.    I really admire people like Chris, and I think they are more important to thriving communities than we often realize. Here is part of what I said in the Waco Trib piec e: In the north woods I am always struck by the ecology of large and small animals. Bears are large and infrequent visitors, even up in the wilderness of the Boundary Waters, a 1,090,000-acre

The Fire

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People who have visited Paris, particularly those who are Catholic, have memories of Notre Dame, the stately 13th-century cathedral with flying buttresses that looks out over the city from an island in the Seine.  Yesterday it burst into flames, probably from a mishap during renovations. Some of it was destroyed-- the extent of the damage will be hard to assess until the flames are finally extinguished and the area cools. That sight on the news-- of the beautiful cathedral apparently burning down-- was a shock to the system. Our news cycle seems designed to constantly provoke us, but there was something different about this breaking development, something more deeply tragic. I remember going with my Dad to the Del Ray section of Detroit years ago. The area had been utterly devastated by neglect, environmental abuse, vandalism, and arson. But as we drove I saw something that stopped me cold: a church that was completely burned out, only identifiable by its husk and a few remaining marks

Great haiku/memorable people

Wow, you guys knocked it out of the park last week... I know that I should know who Susan Stabile is referring to (but I don't): He always signed off: Good night Mrs. Calabash Wherever you are. CraigA went full-on Boston on us: Gravel voice Johnny Most Always over-the-top homer Celtics radio host. I am assuming the Medievalist is harking back to his Minnesota roots: Barry ZeeVan the Extremely weird weatherman  Who was always wrong. And Jill Scoggins, beautifully, takes us back to Texas: His signature close: “MAAARR-vin Zindler, EYE. WIT. NESS. NEWS.” I miss it still. #abc13houston

Sunday Reflection: Supper

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I'm giving a sermon on Maundy Thursday this week at First Covenant--Minneapolis (6 pm, if you would like to come). I spent a good chunk of yesterday pondering what I am going to say. It's a challenging thing, of course. There is so much that happened at the last supper, actually, and I am struggling to focus. There is something about feasting that moves deep within us. We eat and drink ceremonially when we mourn, when we wed, when we gather together as family, when we celebrate holidays. At some level, it is this commonality that we will always have, this bond we cannot break: we must eat and drink. The murderer in prison with his steel tray of food and the billionaire sitting by the sea with his do the same thing-- in fact, they must do the same thing. It is an existential requirement. There is this moment during communion that moves me to my core. I might be kneeling before a rail, hip to hip with those next to me, or standing in a line. I put out my hands and open them to fo

Netflix Recommendation: Norsemen

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If you have some time to kill and subscribe to Netflix, I heartily endorse Norsemen, a kinda weird show from Norwegian TV that was awkwardly filmed in both Norwegian and English at the same time. Set in 790 AD, the show follows the residents of Norheim, a village that relies on the pillaging of other communities for their livelihood. They have a poorly-thought-out set of governing principles and a messy social structure, but the food looks pretty good. If you doubt the quality of Norsemen, rest assured that it won the 2017 Gullruten award for Best Comedy Show in all of Norway! Oh, and there is a lot of violence, much of it against the poor residents of England.

Haiku Friday: Memorable people

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Don't ask me why, but I spent a chunk of time yesterday watching videos of Sonny Elliot, who was a TV and radio weatherman in Detroit when I was a kid. I'm not sure he knew anything about meteorology, but he put on quite a show! We all have people in our past-- those we knew in person, or those we knew remotely-- who were truly memorable. Let's haiku about them this week! Here, I will go first: Warmer and rainy "That makes it 'Wainy!'" he'd say And then I would laugh. Now it is your turn! Just use the 5/7/5 syllable formula, and have some fun!

Political Mayhem Thursday: They Might Kick Us Out!

The school where I teach, St. Thomas, is a Division III school whose teams play in the 13-member Minnesota Intercollegiate Athletic League, or MIAC. It's kind of a fun league that features teams known as the Tommies (St. Thomas), the Johnnies (St. John's), the Gusties (Gustavus Adolphus), the Bennies (St. Benedict's), the Olies (St. Olaf), the Augies (Augsburg) and the Knights (Carleton, who didn't get the memo). It turns out, according to a report in the Minneapolis Star-Tribune , the  other schools are thinking about kicking us out of the league because St. Thomas is too big and not great at sportsmanship: "There were mostly shrugs for years over the Tommies’ frequent league titles through the fall, winter and spring sports calendar until Glenn Caruso arrived in 2008 as the football coach and quickly built a powerhouse. The Tommies posted lopsided victories over the MIAC’s second-division teams; in a three-week period in 2017, they defeated Hamline 84-0 and St. O

Hello, "Bomb Cyclone!"

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As the terrifying map (and accompanying story ) at CNN show, Minnesota is about to get slammed with another April snowstorm-- this time courtesy of a "bomb cyclone" barreling through the middle of the country. It's getting kind of normal, actually. In the middle of April last year, we got over a foot of snow. But, c'mon already! We kind of need a break. Will spring ever really come?

Time for Baylor to act like a University

For decades, Baylor has simultaneously done two things: Explicitly discriminate against LGBT people, and effectively bar any kind of meaningful discussion of LGBT issues. Now, it seems that may be changing. The school has approved a talk on campus by Matt Walsh, a conservative who is hostile to LGBT rights. I am not one of those who say he should be barred from speaking; I am all for the right to be heard of those I disagree with. However, If Baylor is going to be a real grown-up University, it now must allow (and sponsor in the same way) views from the other side. Do I have opinions about this? Oh, yes I do. Have I written about it? Yup, in the Waco paper today-- and you can read that here .

Our hometowns...

Nice haiku work, friends! I love what happened here. Gavin is very clear: Vibrant in my mind,   My home town is a ghost town.   We simply just left. Jill Scoggins tells a great story: Where dark swamps meet the bright beach. Spanish moss hangs low. Gulls cry out. Steamy. Burning pavement on my bare soles. Chilled in a   crowded public pool. Azalea, evening primrose, crepe myrtle, all in hot pinks and bright corals. Asphalt streets do feel spongy. The smell of tar drifts up from the road. At the cabin, the pot’s on the propane. Just-caught crawfish, shrimp, crabs boiling. Afternoons spent in peel-and-eat marathons. Lunch fades into supper. Just as spring, summer, fall fade into one season in Southeast Texas. The Medievalist is right on about Minnesota: A valley so green, I'm always walking uphill, Killing mosquitoes. And Mr. D comes right at us from the left coast: In Los Angeles There are a thousand cities Mine is a hillside.

Sunday Reflection: Defining the faith of others

I rarely venture into religious debates-- I have my hands full with my faith imperative to work on criminal law. But I wander in there enough to see one dynamic that is really unfortunate. Both sides in religious debates within Christianity too often seem to define the other side as not being Christian. Conservatives claim that those who differ with them on LGBT issues, for example, aren't really Christian; some even argue that Democrats aren't Christians. On the flip side, progressives (and even moderates) will claim that conservatives have left the faith. It is one thing to argue that the other side is running contrary to an interpretation of the Bible or a church doctrine, or even to point out hypocrisy on the other side. It is another to say that the opponent is not a follower of Christ. Christianity has been plagued by schism over a wide variety of issues over the centuries, and many of them seem silly from the modern perspective. And yet... we still treat difference of op

Amy Klobuchar on criminal law

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Presidential candidate Amy Klobuchar has an excellent op-ed up at CNN-- you can read it here . Yeah, I'm very happy that she name-checked me and Rachel Barkow, but she also included two really essential reforms as part of her platform. First, she urges the use of a clemency board to take the clemency process out of the DOJ. Second, she suggests appointing an advisor on criminal law from outside of the DOJ, which would help address a huge problem that Rachel and I explain here -- the way in which the DOJ, a building full of prosecutors, effectively serve as the president's only advisors on criminal law. Tomorrow night she will be on the Van Jones show on CNN at 7, and I expect these proposals will come up-- Jones has been a real mover on the subject of criminal law reform, after all. I'm a fan of Klobuchar, and even stood out in the cold when she announced her candidacy (something I had publicly encouraged ). I was also pretty public in hoping that she would take a pro-acti

Haiku Friday: My hometown

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Place matters. We are all from someplace; we all live someplace now. For some, it's even the same place. Either one can be your hometown. Let's haiku about that this week. Whether you are from St. Peter, Minnesota, Grosse Pointe, Michigan, or NYC, go ahead and knock out some lines. Here, I will go first: Green in the summer Red in fall, then white winters; Spring is a palette. Now it is your turn! Just use the 5/7/5 syllable pattern and have some fun!

PMT: What's shaking in Wisconsin?

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For some reason, I seem to be considered an expert mostly in Wisconsin and Canada. And that is ok with me-- I love both of those places. Yesterday, I got up at 6 to do an early-morning show (not surprisingly, "The Morning Show") on Wisconsin Public Radio. The topic was incarceration, and you can hear the whole thing here (I appear in the 6:30-7 slot). Wisconsin is fascinating because it is transitioning from a retributivist governor (Scott Walker) to one who seems fairly progressive on criminal law issues. Gov. Evers seems committed to doing some decent things, including: -- increasing pay for correctional officers in order to raise hiring standards and fill vacancies -- close an ancient prison in Green Bay without replacing it (hopefully, making this work through reduced incarceration throughout the state) -- Move away from one giant (and very troubled) youth facility in a remote area to several that are closer to population centers -- Reconstituting the clemency process th

It's the Minnesota Hockey Hair Team

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Yeah, it's that time-- Edina won both the boys and girls championships in hockey this year, but that does not mean that they dominated the Hockey Hair Team:

Hoping for Spring

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I am really hoping for flowers. I'm hoping for those little bursts of color. We may not deserve them, but we all get them for free. My parents are great observers of flowers. They are the kind of people who spot a flash of color in an empty lot and immediately focus in on it. I'm always amazed at that ability, especially when the rest of the empty lot is full of trash and abandoned vehicles (which is not really so uncommon in Detroit). There is still a big pile of slushy snow next to my driveway. It erodes a little each day, but at this rate it will be with us until August. Maybe, in fact, this is the hardest time in Minnesota, not the dead of winter-- that period when you just want spring with all of your heart, but what you get is that slushy, blackened pile of snow by the driveway. When I was a kid, sometimes I would plant flowers with my mom-- pop them out of the little containers, dig a tiny hole, and usher them home. I so clearly remember holding the tiny plant in my hand