PrawfsBlawg

Dave Matthews Band, Bootlegs, and Network Economics

In honor of the release of the latest Dave Matthews Band album, and my upcoming concert visit, I thought I would blog a bit about an area of interest that I don't often get to write about.  As the title implies, this topic combines three areas of interest: DMB, Bootleg Trading (which prefer to call concert trading, as I don't really view permissive recording of concerts to be a bootleg), and network economics.  The punchline is a critique of the popular argument that record companies should want free distribution of music because it will increase sales.  But first, some background.

Dave Matthews Band, as most people know, makes music.  Despite releasing new albums more slowly than most groups (about every 3 years, and 4 since the last one), the group is extremely "sticky" among its fans.  It is routinely one of the top grossing concert acts in the world, and its fans continue to go to shows.  I've been to at least 25 shows in 5 states (I've lost count), and the only reason the number isn't 50 is that I got married and had kids.  I've been a member of the fan club for 9 years, yet when seats in Pittsburgh were doled out by seniority, I'm still at the back of my section, meaning that there are many fan club members sitting in front of me with 10+ years in the club. 

But here's the thing, they don't have a "lot" of record sales, at least not as compared to many other pop acts.  Few songs hit the charts, and the albums rarely crack the top 5, let alone the top 10, and if they do it's not for very long.

The band's popularily among its fans is largely attributed to its loose concert taping policy. 

 From the beginning, anyone with a tape recorder (and now more sophisticated devices) could record any show, and share it (for free) among friends.  Most are high quality these days - every show will have someone in the first 10 rows setting up three microphones (left, right, center) 15 or 20 feet in the air.  Trading is fun, and because the band changes the setlist nightly and improvises significantly, no two concerts are ever the same.  For example, I have some 200 concerts on CD or hard disk, even though I'll never get to listen to them all. Trading used to be a quid pro quo - I'll send you one show if you send me another. 

Over time, trading has lost some of its steam, as cheap storage and high bandwidth allows new recordings to be released within a couple days via BitTorrent. Thus, there's no need for actual trading - it's all about downloading now.

If what I'm describing sounds familiar, perhaps you heard about it the first time when it was called the Grateful Dead, or maybe the second, when it was called Phish.  GD, Phish, and DMB are all examples of bands with devoted fans, high-activity trading, but relatively weak record sales.

This leads me to the core academic point in this story - the network benefits associated with trading.  The typical economic argument used to argue that record companies should favor music sharing is that the more people that have a song or two, the more likely people are to buy the album. The effect is two-fold:

1.  Sampling: the more people that listen to a song, the more people that will buy the album

2. Status: everyone is listening, I'd better get the CD and listen, too

I don't want to get into whether this is true or not in general, though empirical studies seem to imply that it is not. Instead, I want to comment on a more peculiar aspect of sharing - what happens when there are two markets?

As far as I know, DMB keeps almost all of the money it gets from concerts, but a much smaller portion of the money it makes from record albums (maybe more now than in the past, but the label is still in there). Based on this fact, it stands to reason that if full-sharing is encouraged by the band, then it will make more money, even if that sharing substitutes for record sales. Thus, where you have a band known for great concerts, the dual markets benefit the band, but not the record label. This appears to be the network effect working, but only in one market.

Thus, the band has an incentive to encourage sharing, and record sales may suffer despite popularity.  This implies that the network benefit model fails, but only partially. At least my 3 band sample says so. It may also be the reason why many bands favor sharing even though their labels do not.

This may be why artists that are not known for good concerts, or that do not get to keep most of the concert revenue do not want any kind of bootlegging or other music sharing - where there is a single market, the substitutive effect outweighs the network benefits in general (unless you believe the studies that say otherwise).

These are off-the-cuff thoughts - I haven't studied this much, and probably never will. So, if anyone has some thoughts on the topic that can guide my meanderings, please post!

Tuesday Night Music (and Philosophy) Blog

Law review authors occasionally use rock song lyrics to make a point. Alex Long has written insightfully about their tendency to do so.  (And I am guilty of it in this recent article on First Amendment law and virtual reality).

This led me to wonder what happens when things work in reverse: Which law review articles are cited the most in rock music?  Are the same law reviews that are highest in court and scholarship citation counts – according to the Washington and Lee rankings – also the most frequently cited in angst-ridden rock lyrics? 

Unfortunately, it seems that rock lyricists have so far found little worth quoting in our scholarship.  Or perhaps they are simply too embarrassed to admit to their fan base just how much they love and read law review articles (and thus go to lengths to hide all of their musical footnotes about legal scholarship with hard to decrypt back-masking or subliminal message techniques).

In any event, I was determined not to come up empty in this project and so have hastily broadened my focus beyond the narrow disciplinary boundaries of modern academia – to all references I can think of in rock music to philosophical thinkers, texts, and occasionally to words or phrases I’ve decided to erroneously assume are about philosophical thinkers, texts, or themes.  Below is my list so far.  Please feel free to add to it in the comments section.

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Elliott Smith’s album – Either/Or (title borrowed from the book by Soren Kierkegaard).

Elliott Smith – Miss Misery (also a reference of sorts to the book, Either/Or).

Elliott Smith – Strung Out Again (I wouldn’t be shocked if the imagery of owls flying over a floating body was inspired at least in part by Hegel’s famous Owl of Minerva line.  That seems even more plausible for the alternate lyrics played at some live performances).

R.E.M. – Moral Kiosk.

Dump Truck – Ethics.

Spoon – Utilitarian.

Timeblind  -- Ontological Ground of Being.

The Celibate Rifles’ album – The Turgid Miasma of Existence (Happening Sounds for the Modern Degeneration).

Sheryl Crow – Every Day is a Winding Road (“I’ve been wondering if all the things I’ve seen.  Were ever real.  Were ever really happening”).

Beck – Volcano (“I don’t know what I’ve seen.  Was it all an illusion? All a mirage gone bad?”).

Juluka – Simple Things (“The stars are dead and all you see are shining lies”).

Edie Brickell & The New Bohemians, What I Am (“Philosophy is a walk on the slippery rocks.”).

The Angry Samoans – Unhinged (“Pure consciousness comes to the tuned out mind.  An empty, lucid, self-illuminating ride . . . This world’s illusion.  Get unhinged.”).

We are Scientists – The Nature of Empirical Truth.

The Last Shadow Puppets – Only the Truth.

David Gilmore – Let’s Get Metaphysical.

Phanton Limbs – Dead Language (“You don’t have to get metaphysical baby”).

The Super Furry Animals – Some Things Come From Nothing.

The Able Tasmans – The Big Bang Theory (“The universe’s final hours.”).

The Flaming Lips – Do You Realize?? (“Do You Realize - we're floating in space”) (Despite legislative opposition, this is – by the Governor’s executive order – now Oklahoma’s official state rock song.).

The Buzzcocks – I Believe (“I believe in perpetual motion . . . my relative motion is just an illusion from stopping too fast.”).

Unbunny – Nothing Comes to Rest (“Hey Charlie, nothing comes to rest.  On the chests of those always running.  I’m tired of living from the wrist.  And leaving all decision to coincidence.”).

Pink Floyd – Time (“You run and you run to catch up with the sun.  But it’s sinking.  Racing around to come up behind you again.  The sun is the same in a relative way.  But you’re older.”).

The Buzzcocks – I Believe (“I can’t feel the future and I’m not certain there’s a past.”).

Super Furry Animals – Frisbee (“The past was eagle-eyed.  The future’s pixelized.”).

Elvis Costello & The Attractions – Tokyo Storm Warning (“We’re only living this instant.”).

The Police – Spirits in the Material World.

The Police album – Ghost in the Machine.

The Buzzcocks – Autonomy.

Rush – Freewill (“If you choose not to decide, you still have made a choice”).

Wire – 40 Versions (“I never know which version I’m going to be.  I seem to have so many choices open to me . . . I’ve got 40 versions all dying to get the part.  And so with a change of mind comes a change of heart.”).

The band, Masters of Reality.

The Solipsistics – Any Requests? (“I clasp the crooked handle of my one idea.”).

Robyn Hitchcock – The Man Who Invented Himself (“Well that loneliness is nothing.  Just imagine how he feels.  He’s the only person in the world.  Who still believes he’s real”).

The Beatles – Nowhere Man (“He’s a real nowhere man.  Sitting in his nowhere land.  Making all his nowhere plans for nobody.”).

M. Ward – Epistemology.

The Replacements – I Don’t Know.

Elvis Costello & The Attractions – Beyond Belief.

Rod Stewart – Reason to Believe (originally by Tim Hardin).

Ubiquitous Synergy Seeker (USS) – Laces Out (“Direct your eyes to the obvious proof.   And puppy dog lies won’t sweeten the truth.  I whisper and scream but I can’t refute.  It’s absolute.”).

Coldplay – Proof.

Coldplay – Twisted Logic.

Supertramp – The Logical Song.

Super Furry Animals’ album – Fuzzy Logic.

Patricio Rey y Sus Redonditos de Ricota – Superlogico

Hayley Westenra – Quanta Qualia.

The Forms –  Knowledge in Hand.

George Michael – Faith.

The Tall Dwarfs’ album – Dogma.

Marnie Stern – Plato’s F****d Up Cave.

The Grateful Dead – Terrapin Station (“While the firelight’s aglow.  Strange shadows in the flames will grow.   Till things we’ve never seen.  Will seem familiar.”)  (Possibly about the experience of those in Plato’s cave watching shadows of things they can’t see, but that’s not the interpretation in The Annotated Terrapin Station.).

Leonard Cohen – Heart with No Companion (“For the soul without a king”) (Could conceivably be referring to Plato’s tripartite model of the soul, in this case, minus a competent Charioteer.  But the main reason it’s here is I wanted some Leonard Cohen lyrics on my list and this was the first one that came to mind.).

Kareem Salama – Aristotle and Averroes.

Andrew Bird – The Naming of Things.

The Thirteenth Floor Elevators – She Lives in a Time of Her Own (“She lives.  No Fear.  Doubtless in everything she knows. . . You have always heard her speaking.  She’s been always in your ear . . . She lives in a time of her own.”) (This could easily be about Lady Philosophy as Boethius encountered her in his prison cell).

Band of Horses – St. Augustine.

Roger Miller (The Mission of Burma member, not the country singer) –  The Age of Reason.

The band, Descartes a Kant.

The Tall Dwarfs – Cant.

Propagandhi – Nailing Descartes to the Wall.

The Looking – Spinoza.

The Faintest Ideas – Dear Leibniz.

The Laughing Clowns  -- Law of Nature.

Bikini Kill – In Accordance to Natural Law.

The Vandals – Anarchy Burger (Hold the Government).

John Stuart Mill (= John Schmersal from the band, Brainiac).

Stiff Little Fingers – Suspect Device (“They take away our freedom.  In the name of liberty.”) (As I’ve already said in earlier post, I interpret this line as being about a government doing what Isaiah Berlin warned against and invoking positive freedom to eliminate negative freedom.  There are no footnotes to Berlin in the song.  But that’s my interpretation and I’m sticking with it!).

Belle & Sebastian – Marx & Engels.

Don McLean – American Pie (“And while Lenin read a book on Marx.  The quartet practiced in the park”).

Gang of Four – Capital (It Fails Us Now).

Gang of Four –Contract.

Ivy Green – Slide Machine (“Alienation”).

Philip Boa & The VooDoo Club – For What Bastards (Do They Work) (“Atomize the dreams of economy and output, economy and output”).

Scritti Politti – Hegemony.

The Housemartins – The People Who Grinned Themselves to Death (“The people who grinned themselves to death.  Smiled so much they failed to take a breath.  And even when their kids were starving.  They all thought the queen was charming”).

Gang of Four – Why Theory?

The Dandy Warhols – Nietzsche.

George Elliott – Nietzsche & Me.

Robyn Hitchcock – Nietzsche’s Way.

Paula Cole – Nietzsche’s Eyes.

Richard Strauss – Also Sprach Zarathustra.

Ed Kuepper – Also Sprach, The King of Euro-Disco.

The Jean Paul Sartre Experience – Spaceman (“I try to find a way to be free.  Of anything that’s troubling me.  But freedom’s such a fickle thing.”).

Lloyd Cole and the Commotions – Rattlesnakes (“She reads Simone De Beauvoir.  In her American circumstance.”).

Sufjan Stevens – A Conjunction of Drones Simulating the Way in Which Sufjan Stevens has an Existential Crisis.

The band, Angst.

Scritti Politi – Jacques Derrida. (“I’m in love with Jacques Derrida.  Read a page and know what I need to.  Take apart by baby’s heart.”)

Tracy Chapman – Why? (“Amidst all these questions.  And contradictions. There are some who still seek the truth.”).

The Moody Blues – Question (“Why do we never get an answer. When we’re knocking at the door.”).

Manu Chao – La Vida Tombola (“La vida es una tombola.”= Life is a raffle) (He’s possibly singing about the assumption that John Rawls makes in A Theory of Justice that “the parties are situated behind a veil of ignorance . . . no one knows his class position in society or social status; nor does he know his fortune in the distribution of natural assets or abilities, his intelligence, strength, and the like.”  He’s also singing about, and to, Maradona.)

Pearl Jam – W.M.A. (“He won the lottery. When he was born.”) (same as above, without the Maradona part.)

Richie Havens – 23 Days in September (“On the floor, pages torn from books she reads.  Ancient ones and new magic and philosophy. Hopeful, she tries every one. Soon leaving them undone.  They seem to hold nothing at all she can believe”) (originally by Davie Blue).

Monty Python – The Meaning of Life.

Hair (The Musical) – Where Do I Go?  (“Where is the something?  Where is the someone?  That tells me why I live and die?”).

Andrew Bird –  A Nervous Tic Motion of the Head to the Left (“We had survived to.  Turn on the History Channel.  And ask our esteemed panel.  Why are we alive?  And here’s how they replied.  You’re what happens when two substances collide.”)

Frank Sinatra – The Good Life.

Stanhop –  Seek the Welfare of the City.

Ministry –  I Prefer.

PreFab Sprout – Appetite (“I’m a simple slave of appetite.  I’m a poor slave of appetite.”).

The Rolling Stones – You Can’t Always Get What You Want.

The Rolling Stones – (I Can’t Get No) Satisfaction.

Elvis Costello & The Attractions – I Hope You’re Happy Now.

R.E.M. – Shiny Happy People.

The Celibate Rifles – Compared to What? (“And she’s doing just fine.  (Compared to What?)  Just above the bread line.).

The Celibate Rifles –  Wonderful Life (“I’m upwardly mobile.   My life is truly blessed.  I’m a moderately depressive Gold American Express.   I’m so appropriate, response and reply.  Cholesterol is low.  Expectations are high . . . Got solar heating in my sauna and spa.  I’m into tennis, Zen, and shiatsu. Here I am.  And there you are.”).

The Celibate Rifles – Wild Desire.

The Churchills – Too Much in Love to Hear (Must be a reference to Ulysses and the Sirens.  At least the lyrics are more interesting that way.).

Cream – Tales of Brave Ulysses.

Franz Ferdinand– Ulysses.

No Man is Roger Miller – The Promised Land (“tie me to a boat that’s going to nowhere”)

Styx – Come Sail Away.

Papercuts – Future Primitive (“Well we crossed the river once.  And we’ll do it once again. The valley will open.  And the mountains fall to their knees.”).

Cerberus Shoal – A Head No Bigger Than a Man’s Cloud

Deerhunter – Adorno.

The Shins – Young Pilgrims (“This modern thought can get the best of you.”).

Joy Division – Failures (“He no longer denies.  All the failures of modern man.”).

Morphine  -- You Speak My Language (“Everywhere I go no one understands me.  They look at me when I talk to them.  And they scratch their heads.  And go what’s he trying to say?. . . Kabrula kaysay Brula Amal amala senda Kumahn Brenda. Kabrula kaysay Brula Amal amala senda Kumahn Brenda. Kabrula kaysay Brula Amal amala senda. Kabrula kaysay Brula Amal amala senda. Kumahn Brenda. Kumahn Brenda.  But you.  You speak my language!”).

Laurie Anderson – Language is a Virus (title borrowed from William S. Burroughs).

Ben Folds Five – Philosophy.

And since it's not that far afield from the above list, here are some allusions to heavy Russian novels (or their themes):

The Verlaines, -- New Kind of Hero (“Alexander the Great?  Maybe Fyodor Dostoevsky?  I’m going back to my cell.  I’m sorry I’m neither of those. (And the tension begins to grow).  A new kind of hero.”).

White Skull – Grand Inquisitor

This Kind of Punishment – Ivan Fyodorovitch

Magazine – Song from Under the Floor Boards (“I know the meaning of life.  It doesn’t help me a bit . . . This is a song from under the floor boards.  This is a song from where the wall is cracked.”).

Super Furry Animals – City Scape Sky Baby (“She came in around dawn. Took her coat off.  Burdened down by the Russian winter . . .  Wash away imminent disaster.  Thinking through her today.  And the murder of the bailiff and land owner.”).

Joy Division – Dead Souls

The Police –  Don’t Stand So Close to Me (“Just like the old man.  In that book by Nabakov.”).

Game Theory’s album – Lolita Nation

Signing off

I hate to blog and run, but after weeks of exams and grading, it's time for a vacation before I return to the computer and a new article.  I have thoroughly enjoyed the past month-plus on Prawfs, and I'm grateful to Dan et al. for allowing me to stay on a bit longer than usual. 

My best wishes for an enjoyable, productive and fun summer to all.  And for those of you with some time on your hands and a love of good music,  Sasquatch!, Bonnaroo and Pitchfork all promise excellent lineups!

Sunday Music (Cover) Blog (or Against Novelty Too)

Many thanks to Dan and company for inviting me back. 

I'm planning to spend most of my time here this month blogging about law teaching and technology. But Marc DeGirolami's terrific post below inspired me to join the rebellion against "the ideology of novelty" in a different way -- by opening a thread on favorite cover songs.  A cover, as Wikipedia tells us, is "a new rendition (performance or recording) of a previously recorded, commercially released song." 

So, in the tradition of previous Sunday music blogs here and elsewhere in the legal blogosphere, I thought I'd celebrate the value of "derivative reaction" with a list of places where it has produced interesting and enjoyable music.  Please feel free to add examples and recommendations of your own in the comments (with extra points awarded for comments that take the derivation a step further and identify favorite covers of covers, reviews of review essays, or derivatives of derivatives (second derivatives) in calculus examples).

Here's my own randomly-generated list:

Peter Gabriel’s cover of Vampire Weekend’s “Cape Cod Kwassa Kwassa” (which mentions Peter Gabriel)

Husker Du’s cover of The Byrds’ “Eight Miles High”

The Byrds’ cover of Pete Seeger’s “Turn, Turn, Turn” (with lyrics from The Book of Ecclesiastes)

Pop Will Eat Itself’s cover of Shriekback’s “Everything that Rises (Must Converge)”  (title borrowed from Flannery O’Connor)

Emerson, Lake & Palmer’s cover of Aaron Copeland’s “Fanfare for the Common Man”

Jethro Tull’s cover (of sorts) of Bach’s “Bouree in E minor”

Depeche Mode’s cover of Nat King Cole’s “Route 66” (written by Bobby Troup)

Big Star’s cover of Nat King Cole’s “Nature Boy” (originally by eden ahbez)

Elliott Smith’s cover of Big Star’s ‘Thirteen"

Bad Astronaut’s cover of Elliott Smith’s “Needle in the Hay”

Ed Kuepper’s cover of Johnny Cash’s “Ring of Fire” (originally by June Cash and Merle Kilgore)

Johnny Cash’s cover of Nine Inch Nails’ “Hurt”

Nirvana’s cover of David Bowie’s “The Man Who Sold the World”

Nirvana’s cover (with the Meat Puppets helping) of The Meat Puppets’ “Oh, Me”

Arlo Guthrie’s cover of Steve Goodman’s “City of New Orleans”

Crosby, Stills, and Nash’s cover of Joni Mitchell’s “Woodstock”

Fairport Convention’s version of the traditional song, “Matty Groves”

Traffic’s version of the traditional song, “John Barleycorn Must Die”

The Bangles’ cover of Simon & Garfunkel’s “Hazy Shade of Winter”

Squirrel Bait’s cover of Phil Ochs’s “Tape from California”

Julian Cope’s cover of Thirteenth Floor Elevators’ “I’ve Got Levitation”

David Gilmour’s cover of Unicorn’s “There’s No Way Out of Here”

The Soft Boys’ cover of Syd Barrett’s “Vegetable Man”

The Effervescent Elephants’ cover of Pink Floyd’s “Interstellar Overdrive”

Peter Jefferies’ cover of Barbara Manning’s “Scissors”

The Times’ cover of the Teenage Filmstars’ “I Helped Patrick McGoohan Escape”

Big Dipper’s cover of The Embarrassment’s “Faith Healer”

Dick Gaughan’s cover of Leon Rosselson’s “World Turned Upside Down”

Fall Out Boy’s cover of Bob Hope’s “Thanks for the Memory” (with all the vowels removed)

And last but not least:

Gary Jules and Michael Andrews’ cover of Tears for Fears’ “Mad World” – which has inspired numerous covers of the cover version (including the recent one by Adam Lambert on ‘American Idol’)

OK.  Did I cover everything?  Or have I left anything out?

Legal Scholarship Jams

Let me set the scene for you. It’s Friday night. I am in my office, and no one else is in the building. I am trying to get psyched up and energized to move forward with the law-review article I am writing. So what do I do? Diet Dr. Pepper? Check. Socks pulled up all the way? Check. Now I plug my iPod into my desktop Bose speakers and blast – I mean freaking BLAST – Ozzy Osbourne's “Crazy Train” … OH YEAH!!!!!!!!!!!!!!!!

As law professors, we’ve all got to do our part to fill up the scholarship aquarium outside the dean’s office. For many of us, that means reaching beyond the Red Bull to a fussed-over collection of legal-scholarship-psych-up music.

If you’re staring at a blank document, try a dose of Metallica’s “Enter Sandman,” Guns N’ Roses’ “Welcome to the Jungle,” or Sammy Hagar’s “I Can’t Drive 55.” (Query: Does Hagar’s posited judicial authority assert a predominantly retributivist model of punishment, or are we seeing a wrong turn on the road to restorative justice?)

If hard rock’s not your thing, there’s no better way to get the NRG up! than a little Debbie Gibson, “Electric Youth”:

Zappin' it to ya
The pressure's ev'rywhere
Going right through ya
The fever's in the air
Oh yeah, it's there!
Don't underestimate the power
Of a lifetime ahead
Electric youth!
Feel the power!

Monday Afternoon Music Blog

Yesterday's New York Times had a nice profile of the musician M. Ward.  Ward's new and really cool album is coming out tomorrow (Tuesday).  You can hear bits and pieces here and here.

And I'm a huge fan of She and Him, Ward's collaboration with actress/singer Zooey Deschanel (more tracks here). 

Enjoy!

Conversation for a Sunday morning

Via TNR, JamesBio Magazine presents a complete ranking of every Beatles song, # 185 (Revolution 9, only played forward, I presume) to # 1 (A Day in the Life). I agree with four of the Top 5 (yes on Hey Jude; Golden Slumbers medley; I Am the Walrus; and Day; not so much on She's Leaving Home).

Let the conversation begin . . .

Carol categories

It's a little late for this post, which also has nothing to do with law or prawfdom, but during this holiday season I've been thinking about how there are different kinds of "Christmas" songs, or how such songs are about "Christmas" in different ways. (I will henceforth use "Xmas" for "Christmas," since it's easier to type. As an aside, why does the "X=Christ" translation only occur here? I'd like to see more references to "Western Xianity," or "Xopher Columbus," or "Jesus X.") I think these songs break down into four meaningfully distinct groups.

Category 1: Winter Songs. Some songs are associated with Xmas and seem to be heard only during "the holidays," but are really about the season of winter, and would be just as appropriate in mid-February as they are in mid-December. These songs include "Jingle Bells," "Jingle Bell Rock," and "Sleigh Ride," all of which are about riding in a sleigh; "Winter Wonderland"; "Frosty the Snowman"; and "Let it Snow, Let it Snow, Let it Snow." None of these have any more relation to Xmas than does, say, "Baby, It's Cold Outside." It's perfectly OK to continue singing or whistling any of these songs for the next two months without feeling odd about it. Really. Go right ahead.

Category 2: "Holiday" Songs. These songs recognize the existence of Xmas, but have no religious content at all. Xmas in these songs has the following features: it's a holiday; it's at the end of the year; and spending it with loved ones is important or desirable. In many cases, "Xmas" could be replaced with Thanksgiving, or a late-year birthday, or Festivus with no real damage to the spirit of the song (though in some cases the song includes certain Xmas-related details, like references to a tree or gifts instead of a pole or the airing of grievances).

These songs don't take any direct positions on matters of faith. They merely note the existence of Xmas (or the "holiday season") and, often, associate it with a positive sentiment we might call "good cheer." Obviously the "holiday season" revolves around a specific holiday which is in fact a religious holiday, but these songs themselves have no religious content. These, then, are the sort of Xmas songs that can most easily be sung by Barbra Streisand, or written by Irving Berlin. Even non-Xians can endorse a day off to spend with your family (though, of course, they might prefer if the day off were not given because of its importance to Xians in particular).

Perhaps the archetypal song in this category is "Home for the Holidays," which doesn't even mention Xmas. But there are lots of others too: "The Most Wonderful Time of the Year"; "Deck the Halls"; "Silver Bells"; "White Xmas" (and, for that matter, "Blue Xmas"); "I'll Be Home for Xmas"; "Have Yourself a Merry Little Xmas," which I find quite moving when sung with the original lyrics, written during WWII (they seem to be making a comeback during the current wartime period). Many of these are among my favorite holiday songs, except "Most Wonderful Time," which is clearly overselling, in my opinion.

Some of the great modern pop songs about Xmas fit into this category too: "Xmas Wrapping" by the Waitresses; "Happy Xmas / War is Over" by John Lennon; "Fairytale of New York" by the Pogues, which is frequently voted the most popular Xmas song in the UK, notwithstanding any controversy about its lyrics.

Category 3: Santa. Too many songs to name, and they're mostly easy to spot, though some are borderline (e.g., I'd put "The Xmas Song" in this category, though its spirit might be more in Category 2). Santa songs are more Xmas-specific than the Category 2 songs, though they're about an independent Xmas mythology of flying reindeer, diligent elves, etc., rather than about the birth of the (alleged) messiah (whose central message, it must be noted, flies in the face of any strict "naughty or nice" accounting scheme). Still, the Santa mythology is quite evidently Xmas-specific and therefore can easily be seen as emitting a pro-Xian, anti-non-Xian vibe -- more so than the Category 2 songs, in my view, though I'd be curious to know what others think. Santa songs might also irritate due to their seeming (or, sometimes, outright) embrace of Xmas-related consumerism, which Xians as well as non-Xians might oppose.

I guess "Father Xmas" by the Kinks, which imagines a department-store Santa getting mugged, would also fall in this category, though it's not exactly pro-consumerism.

Category 4: Baby Jesus. These songs are For Believers Only. Their lyrics contain one or more of the following: a manger; shepherds; three "wise men" and/or "kings" following a star; angels; a baby boy who would grow up to be Our Lord and Savior.

I tend to think Category 4 songs belong in church, or else in the home. Even the ones I like make me feel uncomfortable when they're sung, say, on a usually non-religious TV show. I also tend to think, maybe even more strongly, that only Category 4 songs belong in church. As a child attending Xmas Mass, I always found it inappropriate if Santa showed up at any point, which he sometimes did.

I don't know why I've been thinking about this, except that it's something to do other than grade exams.

Some Vacant Chatter on Deeply Meaningful Melodies

After reading Paul’s post below, I became very concerned that The Volokh Conspiracy might surpass this blog in vacant chatter, so I’ve decided to quickly add some more here so that we (like the Minnesota Twins last night) can once again take a half-game lead.

Here at Oklahoma City University School of Law, one of our great strengths over the past few years has been in law and rock music.  Alex Long, who has blogged about this topic before, published the seminal article on this subject while on the faculty here a few years ago (We’ve now sadly lost him to the Univ. of Tennessee’s Law and Lyrics program, but are committed to rebuilding our strength in this area).  Mike O’Shea has also made some trailblazing contributions to deciphering the mumbled, feedback-smothered words of My Bloody Valentine songs.   

Following the example of others who have started up a “research canons” project here on PrawfsBlawg, I’d like to begin this master compilation of law-related lyrics on various subject areas, along with my tentative hypotheses about their law-related meanings, so that we might – together – create a database on law and rock music that will one day replace the casebooks we currently use in class:

Property is the obvious place to start, since famous rock bands have been kind enough to write songs dedicated to takings clause questions (Joni Mitchell: “they paved paradise and put up a parking lot” and Jethro Tull: “They say they gave me compensation...
That's not what I'm chasing. I was a rich man before yesterday.
 And what do I want with a million dollars and a pickup truck?
 When I left my farm under the freeway”).  Evidence is also a popular subject among rock singers, as is clear from REO Speedwagon’s famous song about hearsay (“heard it from a friend who, heard it from a friend who, heard it from another you been messin’ around”) and from Arlo Guthrie’s song Alice’s Restaurant (that discusses the introduction into evidence of visual diagrams and photographs).

But what I think is of more interest to me are the more subtle legal analyses one often finds in more obscure indie rock pieces, like the following:

ON EMPIRICAL ANALYSIS OF JUDICIAL VOTING

“Cause you go on and off, there ain’t no way of ever finding out.
It’s the law man, you gotta understand,
think about the [impossible to make out: symptoms too much?]. 
Never underestimate a single opportunity.”
(Moving Targets, Faith on the LP Burning in Water (1986))

This has got to be about Justice Kennedy and the impossibility of predicting whether he’ll be with the liberal or conservative bloc.  Note that the lyrics also insinuate – years before the damning New Republic article -- that opportunism may be at the root of this unpredictable behavior.  That's all just a (possibly mistaken) hypothesis.  But what’s remarkable about the song is its prescience:  it was released in 1986, over a year before Justice Kennedy was nominated to the Supreme Court!  Now I’m not saying that the quantitative analysis here is necessarily up to the standards of the best empirical analysis in legal scholarship, but it’s pretty good considering they didn’t yet have any votes from Justice Kennedy to analyze.

ON JURISPRUDENCE AND POLITICAL THEORY

“They take away our freedom
In the name of liberty
Why don’t they all just clear off
Why don’t they let us be.”
(Stiff Little Fingers, Suspect Device, on the LP Inflammable Material (1979)

Isaiah Berlin is the most famous figure to outline the distinction between negative and positive liberty and to explain why it is dangerous to substitute negative liberty (the absence of constraints on, or barriers to, action) with positive liberty (liberty that consists not simply in being let alone, but in some type of human capacity, often one requiring collective action and constraint on individual choice in order to enable the relevant capacity).  But as powerful as Berlin’s essay is, I think that Stiff Little Finger’s restatement of the argument is in some respects more powerful – if only because they had much louder amps and, being a late 1970s punk band, screamed and growled their lyrics rather than simply singing them (over the otherwise irresistibly catchy melody).

“I try to find a way to be free
of everything that’s troubling me
But freedom’s such a fickle thing.”
(The Jean Paul Sarte Experience, Spaceman, on Bleeding Star (1993)).

Same as above.  According to the always correct Wikipedia, the band had to change its name to the "JPS Experience" in response to threats of a lawsuit from the estate of Jean Paul Sartre.  Goes to show that if you’re going to name your band or hit song after a philosopher, you might want to choose one whose heirs won’t take you to court over it (e.g., the Ohio band, “John Stuart Mill,” or The Dandy Warhols’ song “Nietzsche.”)

ON REMEDIES

“There’ll be a calmer time when everything’s organized
Everything’s simplified
No one persuading me to seek some prize
That isn’t found anywhere
There’s karmic injustice here
But who do you sue?
(The Chills, So Long on Soft Bomb (1992))

That’s a really good question from Chills lead singer Martin Phillips.  A student once asked me that in Admin Law and I didn’t know the answer (Is there a Court of Karma? If so, is it an Article III Court or is it an agency tribunal within the Treasury Department?).  Since The Chills are from New Zealand, Phillips’ answer is likely to be quite different from the one we would teach in US law school remedies classes, (as is Culture Club’s “Karma Chameleon,” which comes from England), so I’m hoping an American band will cover this song and change the lyrics to reflect domestic law.

ON CRIMINAL LAW AND PUNISHMENT

“The golden-eyed hypnotist
Who slides down our throats
Will turn us to supermen
We’re stuck in a loop again
And I’m waiting
For the recidivist
To change his ways
Or to reoffend”
(The Bevis Frond, Old School Rock, on Valedictory Songs (2000)).

An illuminating tune, from the always illuminating Bevis Frond, about drug regulation, or recidivism, or maybe the use of forced medication to transform hardened criminals into nicer people and/or trial-ready defendants.  As you can probably tell, I have no idea what this song’s about, but “recidivist” and “reoffend” clearly make it appropriate for criminal law classes.

“Come on babe
Come on set me free
I’ve paid for my crime
Come on babe
Come on rescue me
Just this last time.”
(Dinosaur Jr., Kracked, on Living All Over Me (1987))

Clearly about the Supreme Court’s review of habeas petitions.  Or maybe parole board proceedings.

“Every night it’s gotta be adventure
The way you live your life’s a crime
And if you’re guilty will you serve the sentence
You are already doing time.”
(Husker Du, Friend, You’ve Got to Fall, on Warehouse Songs and Stories (1986))

As far as I can tell, Husker Du is agreeing with Justice Scalia that government should be able to criminalize acts on the basis of public morality even if such acts don’t justify government restriction on the basis of John Stuart Mill’s harm principle.

“His lawyers said, ‘This boy is sick.
Blame the ratings for his crime.’
They said ‘Too much sex and too much violence on the idiot box
Spoiled his idiot mind’
He was a Television Addict!”
(The Victims, Television Addict, which was a single in 1978 and also on the LP “All Loud on the Western Front.”).

This just makes the obvious point that responsibility for violent acts should be that of the television shows that motivate them and not the people who commit them.

ON THE LIFE OF ASSOCIATES IN LARGE LAW FIRMS

“Call me on the line
Call me call me any anytime
Call me . . .  you can call me any day or night”
(Blondie, Call Me – single (1980))

“You just call out my name, and you know where ever I am
I’ll come running to see you again.
Winter, spring, summer, or fall, all you have to do is call and I'll be there, yeah, yeah”
(James Taylor, You’ve Got a Friend, on Mud Slide Slim (1971))

I think these lyrics speak for themselves.

OK.  That’s enough vacant chatter on this incredibly important subject.  If anyone has lyrics that shed light on John McCain’s recent behavior regarding the proposed bailout, or on Sarah Palin’s CBS interview, please let everyone know.

Shakira is Smart

Whoa. Dude. Shakira is smart.

The Columbian-born triple-platinum recording artist tends to be famous for energetic pop music that is arguably too danceable. It is so drivingly rhythmic that even the nearly shameless will grip their chair in fear unless they are already a regular on a celebrity dance show. Last week Shakira did a sit down on National Public Radio to talk about her lobbying efforts on Capitol Hill for the Education for All Act. Not only did she know her stuff, but she delivered it with no ums and almost no ahs during the whole thing.

Hey, I mean no offense if you are a Shakira fan (or Shakira herself)** by pointing out that she's intelligent, but I am always shocked to find out that a celebrity is smart - especially the singer/dancer or actor variety. Alas, news of Shakira's brains is old news to Wikipedia, which reports that she speaks six languages and produces her own records. (She also writes her own music - not that that tells you anything.)

**Because she's nerdy enough to read this blog. On the other hand, it's probably intellectually beneath her.^* Do not flame me on this point. I am still overwhelmed with trying to respond to the accumulated backlog of flames my guest stint on Prawfs has garnered me.^**

Re-Introduction and Late-Sunday Music

Greetings to all, and many thanks to the Prawfs for inviting me back for a second stint. During my last visit, I blogged about topics of professional as well as personal interest--largely IP and religion/politics, respectively. I look forward to covering similar issues this time around, and to broaching a few other subjects as the mood (or opportunity) strikes.

As I write, it is Sunday, just barely (for me, anyway), so I will wrap up with an addition to the music posts. Following is a list of albums that have seen some heavy rotation on my digital turntable recently (leaving off these spot-on recommendations). Some are a bit dated but still great, and many are excellent fodder for writing (or studying) when the Cello Suites aren’t working:

1. Thao – We Brave Bee Stings and All
2. The Helio Sequence—Keep Your Eyes Ahead
3. Peter Bjorn & John—Writer’s Block
4. Nada Surf—Lucky
5. Band of Annuals—Let Me Live
6. Handsome Boy Modeling School—So How’s Your Girl…
7. The Dodos—Beware of the Maniacs (and a new release is just out)
8. Cursive—Happy Hollow

Suggested additions (and quizzical criticisms) welcomed.

From Analog to Digital

Every time my wife and I have moved house over the last nearly 20 years of our marriage, we’ve schlepped with us a huge stack of vinyl LPs.  Having long since switched over to CDs (though not yet to MP3s), we hardly ever listen to them.  Still, the idea of getting rid of these physical remnants of our youth has been too painful to contemplate.  Now that we are about to move again (this time from Baton Rouge, Louisiana to Montclair, New Jersey), we are once more confronted with the question of what to do with all that old vinyl. 

Those of you who are more techno-savvy than I will probably be able to guess the solution: we recently bought a USB turntable that allows you to turn old LPs into digital MP3 files suitable for playing on an iPod or burnable to a CD.  And so I’ve been spending the last couple of weekends playing old records I haven’t listened to in many years (though they once were embedded into my teenage and 20-something brain), and trying to decide which ones are worth converting. 

I was delighted to discover many pop albums I hadn’t listened to or thought about in years, but which still seemed to me fresh and interesting: by Joe Jackson, Van Morrison, John Renbourn and Pentangle, and Richard Digance, to name a few.  I was also struck by how other music that I cherished in my teens and twenties now seemed to me, in my own personal and subjective way, dated (no doubt many will protest): music by Elvis Costello; Crosby, Stills, Nash (though, less so, Young); Steve Forbert; Jackson Browne; and the Byrds.  Mind you, I’m talking about the music these folks produced prior to 1990 or so, and which happened to make it into my modest and not particularly adventuresome record collection.  For all I know, their music has continued to mature and change in the years since (though I doubt it). 

My younger son, 14-year old Jonathan, who has his own giant collection of iTunes, has been helping me with the somewhat tedious task of conversion.   And what does he get out of it?  Well, it always amazes me that he and his siblings and friends actually like so much of the same music that my wife and I like.    Certainly, when I was Jonathan’s age I wouldn’t have been caught dead listening to my parents’ music.   But somehow, in ways that still puzzle me, the music that we listened to in the 70s and 80s has become “classic” to our kids.

Signing Off and Music Bleg

The announcement of the new rotation (which includes my excellent colleague Geoff Rapp) and reference to the Magnetic Fields in posts below prompt me to sign off with my traditional (well, this is the second time) request for suggestions for Cool, New, and/or Really Good music in the alt-rock vein. And since I’m doing this on a blog, that’s what you kids call a "bleg" right?

I'll start.  Here are ten songs from the last couple of years that I would suggest downloading or otherwise buying (in no particular order):

1.  "The Nun’s Litany" – Magnetic Fields;  2.  "Acid Test" – Emma Pollack [saw her open for the New Pornographers earlier this year and she was great];  3. "The Bleeding Heart Show" – The New Pornographers;  4. "The Crane Wife 3" – The Decemberists;  5. "When Romance is Dead" – the Beautiful South (from, sadly, their final album);  6. "Fluorescent Adolescent" – The Arctic Monkeys;  7. "The Underdog" – Spoon;  8. "Dashboard" – Modest Mouse;  9. "Earth Intruders" – Björk (great concert);  and 10. "I’m Slowly Turning Into You" – The White Stripes

I’m also getting into some French music. I would recommend Zebda (Algerian, technically), Louise Attaque, and Les Rita Mitsouko. And my hip colleague Lesa Byrnes even turned me on to some fun German punk.

Your turn, and see you next time.

Sunday Music Recommendation

Kathleen Edwards is a singer-songwriter who writes in something of an alt-country vein.  Her debut, Failer, was tremendous.  She has just released her third album, Asking for Flowers, after a hiatus of a few years.

I'm not sure whether to say of Edwards that she is as good as her best work, or as disappointing as her most blah work.  Failer had very few duds; I'm not sure I can say the same thing about her second album, Back to Me, or the new one.  She is better, in my view, at quiet and slow songs that build beautifully in richness and emotion than she is at straight-ahead rockers; or maybe those songs just interest me less.  The new album contains a couple of political songs, and I am no more interested in her politics than I am in the politics of most singer-songwriters, who can acknowledge the ambiguities of an age-old topic like love but are reduced to hectoring when it comes to war. 

Still, her best work is very fine indeed.  Although I recommend the whole album -- and am old enough to belive for the most part in buying a whole album rather than just the choice cuts -- Itunes types shoud certainly invest in the grand opening song, Buffalo, the song Scared at Night, and especially Alicia Ross.

For a Good Time Call 555-0123: Liability-Free Phone Numbers for the Entertainment Media

A legislative proposal: Congress should set aside, or direct telephone companies to set aside, certain phone numbers that can be used in films and on television without fear of liability.

As you have no doubt noticed, when a line of dialog includes a phone number, the character on screen, often with intense earnestness, spits out a phone number with a “555” prefix. For example:

“Damnit! Get President Palmer on the phone! His direct, private cell phone number is 202-555-4248!”

Fearful that if they use a real phone number they will get complaints or even lawsuits, studios have taken to using the 555 numbers because they are reserved by the phone companies and never assigned to customers.¹ Thus, they will not be unwittingly subjecting hapless folks to scores of midnight crank calls.

The problem? When you are engrossed in the make-believe world created by the film, hearing the fake “555” phone number brings you instantly back to reality – reminding you that you are watching an actor in a film, not, for instance, a heroic government agent trying to disarm a bomb. And if you are a lawyer, hearing the “555” phone number reminds you of the law, which means you are being reminded of your job while watching TV. It’s not good for anyone.

Therefore, I call on Congress, and, while I’m at it, the United Nations and the telecommunications companies of the world, to set aside a large enough slate of random-sounding numbers that movie-goers will not be subjected to instantly recognizable fakes.

The tough question that immediately confronts us: How do we get a slate of numbers that is safe for entertainment usage without screwing over the real customers currently using them. I have two proposals. The first is a bit silly, I admit.²

==More after the jump ...

My first plan would be to provide immunity for certain seven-digit phone numbers where an administrative rule-making body declares such phone numbers to have already been so tarnished through their use in media, that customers have little or no expectation of privacy with regard to them. The most obvious candidate? Why, of course: 867-5309. Those of you who remember the 80s (or have at least seen them on cable TV) will recall that that is Jenny’s number, from Tommy Tutone’s 1982 hit song, “867-5309/Jenny.”³

In fact, I’d say there is a good argument that any producer including 867-5309 in a movie or television show should be availed of an estoppel- or laches-type defense. And, for an analogy to property law, when new phone customers get 867-5309, it’s a lot like coming to the nuisance. Of course, the problem with clearing 867-5309 for producers is that the number is so engrained in pop-culture consciousness, using it in a movie is likely more jarring than using a 555 number.⁴

My second plan is a three-step approach: (1) Use computerized algorithms to comb seven-digit phone numbers to find those that are used by the fewest businesses and that are used in the fewest area codes. Put these phone numbers on a “Level I” list, then freeze the list, prohibiting phone companies from assigning these numbers to new customers. (2) Provide immunity for producers who use Level I phone numbers, so long as they use such numbers only in combination with an area code that does not correspond to a real telephone number. (3) Allow the Level I list to undergo attrition; that is, allow the seven-digit numbers to become progressively cleaner and cleaner as users in different area codes naturally give up those numbers as they move or otherwise discontinue phone service. When a seven-digit number is no longer used in any area code, or when it reaches a certain threshold of disuse, place that number on a “Level II” list. Provide immunity to producers who use seven-digit numbers, sans area code, on the Level II list.⁵

If you agree with my proposals, comment below. If you disagree, please call 867-5309.

NOTES:

FN1: I don’t know if customers with phone numbers featured in films have sued producers, much less been successful in a lawsuit. But it is clear that the fear of such lawsuits, or at least complaints and associated ill will, have held studio standards-and-practices folks to the practice of using the 555 numbers.

FN2: This whole post is a bit silly, since, as you may have noticed, it uses footnotes.

FN3: Snopes.com reviews the real-life ramifications of 867-5309 here.

FN4: But here’s an example of an intermediate case: 362-4350. That’s the number to call for the hit-woman personified by Joan Jett in her re-make of AC/DC’s “Dirty Deeds Done Dirt Cheap.” I’d have to say, though, I doubt 362-4350 has been exploited heavily enough for number holders to be fairly divested.

FN5: This proposal might fairly be called a “seven-point plan,” but I think that’s too many points. Better to keep it to three. Three-point plans are always better. And when you get down to three, for some reason I don’t entirely understand, it is plausible to call it a “three-step plan,” making it sound even easier. (I think part of the problem with saying “seven-step plan” is that if you have too many steps, then you are getting into the realm of dieting and addiction recovery, and that’s not where I’m going with this.)

Friday Music Blog: Recommendations

So goes another guest stint.  Thanks to Dan et al. for having me.

As much as I like to recommend music, I really love to get recommendations.  So I offer a trade: I'll make one more recommendation, and you all can make some recommendations in the comments.

My recommendation is Jesca Hoop.  You can listen to her music here, here, and here.  I saw Jesca ("Don't call her Jessica") Hoop open for Mark Kozelek at the Troubador in West Hollywood, California.  At the time, I remember thinking that her music was odd in a lovely sort of way, similar to Bjork but with a softer, more personal sensibility.  I finally got around to listening to her new full-length album, Kismet, and it's really wonderful.  I really recommend it.  Nic Harcourt, the music director at KCRW and who is , in my mind, perhaps the best source for new music, ranked Kismet number one on his list of the best albums of 2007.  (Surf here for the whole list.)  But my favorite fun fact about Jesca Hoop is that she met her music mentor, Tom Waits (awesome!), while working as a nanny for the Waits clan.  Not a bad job for an up-and-coming muscian.  Enjoy!

So what do you suggest?

Sunday Music Blog

I have a weak spot for sad songwriters.  There's something about their sadness that makes me feel almost happy.  I'm not sure what that says about me.

Bon Iver's new album, For Emma, Forever Ago, makes me really happy.  Bon Iver is Justin Vernon.  And Justin Vernon is very sad.  He was in a band called DeYarmond Edison.  After they broke up, Vernon sought refuge in a cabin in northern Wisconsin.  During his four-month stay there he wrote and recorded For Emma, which will be released on February 19th.  You can listen to it here.

For Emma is a beautiful record, in a sad and intense sort of way. The songs have lots of layers, and Vernon sings in a comforting falsetto throughout the entire record.  Make sure to check out "Lump Sum," "Blindsided," "Creature Fear," and "re: Stacks."  But you should really spend some time with the whole record.  If you're anything like me, it will make you very happy.

Enjoy!

Sunday Music Blog

Last spring I taught a week-long seminar at my alma mater, the University of Illinois College of Law.  At the end of the week, on my drive back to Chicago, I listened to a great episode of Sound Opinions.  The entire show was dedicated to the Elephant 6 music collective--the collective of musicians responsible for such wonderful bands as Olivia Tremor Control, Neutral Milk Hotel, Of Montreal, and Apples in Stereo.

Of those groups, Neutral Milk Hotel has always held a special place in my heart.  NMH's album In the Aeroplane over the Sea is never far from cd player.  But lately I've been listening to a bit more of Apples in Stereo, especially their newest record, New Magnetic Wonder--you can (and should) listen to it here.  New Magnetic Wonder reminds me a lot of one of my all-time favorite records, the Flaming Lips' The Soft Bulletin, but with more of a straightforward pop sensibility.

And while I'm on the subject of Apples in Stereo, do you remember the episode of the Colbert Report with the Stephen Colbert vs. the Decemberists guitar solo challenge?  Apples in Stereo frontman Robert Schneider was the opening act, performing his song "Stephen Stephen".  Here's a link to the performance.

Enjoy!

Sunday Music Blog

Thanks to Dan and the Prawfs for having me back.  I'm glad to be here.

It's Sunday, let's talk music.  I'd like to start things off with two recent obsessions.  The first is Matt Costa, whose second full-length album, Unfamiliar Faces, was released in late January.  I really recommend it.  I fell in love with Costa's melodic hooks after listening to the first seconds of his new single, "Mr. Pitiful"--you can listen to it here.  Costa was training to be a professional skateboarder until he suffered a cereer-ending injury.  Now he's a songwriter, and he's written a really catchy record.  You can read more about Matt Costa here.  Check it out.

The second is Pete Doherty's band Babyshambles, which he formed after he was booted out of the Libertines for the second time.  I realize that Pete Doherty is not the best citizen of the world--he drinks, he drugs, he causes a ruckus wherever he goes.  But the man can really write a song when he wants to (not that that in any way justifies his seemingly endless criminal energies).  And the group's second album, Shotters Nation, is a fascinating record.  There are some songs on it that are truly wonderful (for instance, "Deft Left Hand") and others that just miss the mark.  But I can't help but be amazed by Doherty's abilities as a songwriter.  I didn't much care for the Libertines; their music tended to make me anxious, and not in a good way.  But Babyshambles can be much softer and more purposeful than the Libertines, and it's in those moments where Doherty's songwriting skills shine through.  You can listen to a couple of tracks here.

Enjoy!

Friday Afternoon Music: Torin Alter and the Lying Angels

I'm glad some of my co-bloggers have recently taking to sharing their musical picks on the blog.  Let me add another to the list: Torin Alter and the Lying Angels.  Torin is a musician located in my home town of Tuscaloosa, AL (and, under state law, I must add the obligatory call-and-response: Roll Tide!), and his music is quite lovely.  His web site offers links to songs from his two albums, so I won't say much more here, except to note that folks who enjoy alt-countryish music (and there seem to be quite a few of those on this blog) should enjoy his music, and one of his albums features a singer whose voice eerily resembles the lovely sounds of Caitlin Cary. 

Of course, most of you will know Torin from some fave hits as "Does Representationalism Undermine the Knowledge Argument? and "On the Conditional Analysis of Phenomenal Concepts."  Yes, Torin is also a philosophy prof here at the U.  I can't tell you whether and how his day-job influences his tunes.  I'll just say, come for the philosophy of mind, stay for the fine music.

Belle Lettre's If/Then Music List

So it appears I'm going to be sticking around here for another month.  Thanks to Dan and his fellow Prawfspeople for the vote of confidence.

Over at Law and Letters, Belle Lettre has a great list of If/Then music suggestions.  Surf over and soak it in.  A couple of my favorites on her list:

• If you like The Jayhawks, Lyle Lovett and other "alt country," then you might like Wilco and the Old 97's.
• If you like the female power piano pop of Fiona Apple but want to tone it down with a bit of plaintive Sarah McLachlan, then you might like Rachael Yamagata.

Good Stuff.  Enjoy!

The Legal Theory of "Stairway"

In his "Legal Theory Lexicon" post on "path dependency", Larry Solum works in a nice little "Stairway to Heaven" reference:

Sometimes, if we choose the left fork, we may be able to reach exactly the same destinations we could have reached via the right fork, but sometimes, our choices foreclose some possibilities altogether.  It isn’t always the case that in the long run, there’s still time to change the road you’re on.

In so doing, Larry skillfully manages to communicate meaning through lyrics taken from a song that -- although I spent countless hours learning how to play it -- always struck me as meaning-challenged.  But now, I'm inspired, and will try my best to work obscure Zeppelin references into my law-blogging.  Starting next time. 

Judges As Rock Stars

One of the reasons Alex Long, our brand-new guest blogger, came to my attention, was this very entertaining piece on the use of rock lyrics in the law.  I hope Alex can therefore be persuaded to weigh in on this post by Jack Balkin asking which rock stars the Court resembles most.  Per Alex's piece, I was all set to find that Balkin had relied only on a bunch of superannuated 60's-era musicians.  Props to him for ranging further afield.  Perhaps Alex can update these comparisons even further. 

Goodbye, Thanks, a Fun Case, and Music Requests

Time for me to rotate out and start grading.  Thanks to all the Prawfsblawggers folks for having me, and especially to Dan for helping me navigate this newfangled technology.  I’ve really enjoyed it.  If anyone reading this will be at the Law & Society Conference or the meeting of the Labor Law Group, feel free to give me a holler.

As a parting gift, here’s a fun torts case, Doe v. Moe, (Mass. App. No. 02-P-381, May 2005) refusing to find a cause of action for negligent sexual intercourse.  There are some theoretical reads of this case that arguably could be rewarding, or you can just take it as a cautionary tale.  Hat tip to my colleague Geoff Rapp.

Finally, along with figuring out all this blog stuff, I’ve also been playing with my new toy: an I-Pod Nano.  It raises some interesting legal issues.  For example, I-Tunes won’t read songs I’ve downloaded from other pay services, but will read songs previously downloaded from ... um ... free sharing services; plus, if you take the songs you paid for from another service, burn them on a CD, then I-Tunes will read it.  So is that violating anything?

Actually, I’m more interested in suggestions for music, especially modern alternative rock stuff.  Keep in mind: I'm a guy who (to name better-known groups) in the 1970s made the transition from Jethro Tull to Elvis Costello and Pere Ubu; in the 1980s was into new wave bands from the punkier Gang of Four to the more mainstream R.E.M.  and Talking Heads; in the 1990s got into the criminally under-rated James McMurtry and the criminally under-appreciated (in the U.S.) the Beautiful South; and in recent years had a kid but found time to listen to the White Strips and the New Pornographers.  So, young hip law profs, what should I be (legally) downloading?

American Idol: Paris, Katharine McPhee, Taylor Hicks, or Daughtry?

So I've long overstayed my welcome here.  And I've already dumbed down Prawfsblawg once with a post about American Idol + blogging.  After this, I'm sure Dan Markel will be booting me off the island.  But my last post on AI did draw a tongue-in-cheek(?) comment from Germany (here).  We'll see what this one brings.  Now that I've heard all the contestants perform at least once, here are my predictions of what will happen.  All of my picks have exceptional voices and some personality, but I'll briefly note their weaknesses.  FWIW, my record is 3-1 in AI predictions.

1.  Final Four:  Paris Bennett (stronger in soul/R&B than pop; probably will be judged by some against the very high standard set by Fantasia in that genre), Katharine McPhee (apparently has no dance moves to speak of and appears a little dorky when she tries -- needs to just stick to the mike like Carrie Underwood eventually did), Taylor Hicks (gray haired guy is the "wild" card + has generated tremendous buzz, but looks + acts weird, esp. the body spasms, almost pulled a "Howard Dean meltdown" on last show), and Chris Daughtry (shaved head guy can't win if he sings rock songs -- Bo Bice tried that last year and lost -- needs to perform some pop and softer alternative like Maroon 5).

2.  Final Two: Paris Bennett v. Katharine McPhee

3.  The Next American Idol:  Katharine McPhee

the next American Idol + blogging

There's been a phenomenon in the US for the past five years called American Idol.  If you haven't been following it (where have you been?), it's consistently the No. 1 show in America and a ratings juggernaut.  American Idol eats up all of its competition in the same time slot:  it ended the run for Geena Davis's Commander in Chief and is now currently demolishing the Olympics (see here).  Now in its fifth season, the millions of viewers are only growing (not diminishing as its own producers even expected).  NYT has a quite scary article about the numbers of viewers American Idol attracts (see here).  OK, so I have a confession to make: I watch the show, too, and have ever since Season 2.  In fact, it's the only show on TV I follow -- please don't lose respect for me.  When I first learned of the show, I was skeptical, dismissing it as just another "Star Search."  But, while channel surfing one night, I tuned in for 5 minutes.  That's all it took:  I was hooked.

The show is well packaged (with an entertaining combo of judges), but what I like most about the show is this:  it gives power over what music is produced to the people; the American people ultimately select, by their own votes, some unknown singer as the person who will get a recording contract.  That selection process discovered Kelly Clarkson (from Season 1), who just won 2 Grammys this year for her second album "Breakaway" (in which she admittedly distanced herself from the show).  OK, so the other Idol winners haven't done as well, but 1 superstar out of 4 ain't bad.

So what's next for the show?  You guessed it:  blogs.  You now can create your own AI blog (here).  The show has realized what CNN, The Washington Post, The Wall Street Journal, and many other mainstream media sites have realized (see here):  blogs are a phenomenon.  What started out as personal diaries for geeks and losers are the New Media.  CNN even quotes from blogs now.

Oh, if you're wondering, my picks so far (I haven't heard everyone yet):  shaved head guy (Chris Daughtry), gray haired guy (Taylor Hicks), and Katharine McPhee.

UPDATE: I no longer feel as "out there" writing about American Idol. Not only did NYT write about it, but here's an excellent article "Why we worship 'American Idol'" by Thomas Zengotita, a contributing editor of Harper's Magazine.

America voted

Congratulations to new (so) American idol Carrie Underwood! Underwood has a sweet soulful country sound and I will definitely buy her record. Americans showed once again that they do have a taste for voting, just not for political politics. Pop politics received this season on idol a striking record of one half-billion votes!

Another Recommendation From Prof. Midbrow

With Rob Howse having seized the high ground, may I offer another music recommendation from the pop culture world. 

Over the Rhine is a Cincinnati-based band, named after the neighborhood in that city, consisting of a married couple, Karin Bergquist and Linford Detweiler.  Very simple music, often though not always with religious undertones, and very beautifully sung by Karin.  I'm not sure how to describe the sound, but my wife remarked as we watched them perform in LA this weekend that she was reminded of Norah Jones; they remind me a little bit of Hem, which I have already recommended; and they are, literally, honorary members of the Cowboy Junkies.  So triangulate and you should have an idea.  Their new album is called Drunkard's Prayer, although I am still partial to their earlier albums Ohio and Good Dog Bad Dog.  They are not a gigantic concern; your purchases will basically help pay down the mortgage of an apparently sweet young couple, not fund a global debt relief crusade.  (Not that there's anything wrong with that!)  Worth your time and money, in my view.