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Friday Follies 2.10

Prince Edward Island, like the rest of the world, is short one law that might do all of us some good. A provincial judge found a junior hockey player not guilty of assault last week but, the judge said, “If he was charged with being a colossal asshole, I would find him guilty.” (Lowering the Bar)

A Chicago lawyer is suing his former son-in-law alleging the son-in-law broke an oral agreement to be faithful to his daughter if he footed the bill for the couple’s wedding.

Truly damning fine print: Some 7.500 customers of an online gaming retailer recently sold their souls to the U.K. company by agreeing to its terms of use.

Any bets on how an appeal will turn out when the first argument in your appellate brief is, “THIS [IS] NOT AN INSANE LAWSUIT“?

Thomas Jefferson Center for the Protection of Free Expression has announced its 2010 Muzzles Awards. The awards are given annually to draw attention to government and private efforts to stifle freedom of expression. (Popehat)

North Face v. South Butt settled.

How not to keep your law license, Part 1,964: Tell your client it’s “no big deal” you missed the statute of limitations because that is why you have malpractice insurance.


Going to trial with a lawyer who considers your whole lifestyle a Crime in Progress is not a happy prospect.

Hunter S. Thompson, Songs of the Doomed

A decade’s worth of banned books

In the midst of National Library Week, the American Library Association has released both its list of the 10 most frequently challenged books of 2009 and the top 100 banned/challenged books of 2000-2009.

Just as with the bestseller lists, J.K. Rowling’s Harry Potter series is number one on all-decade all-star team, so to speak. And it’s still amazing to see what shows up in the top 25 of the list. John Steinbeck’s Of Mice and Men, first published in 1937, ranks fifth on the decade’s list. Other classics include The Adventures of Huckleberry Finn by Mark Twain (14th), Catcher in the Rye by J.D. Salinger (19th) and To Kill A Mockingbird by Harper Lee (21st). Even though English curricula recognize the worth of these novels, they still get attacked by book banners. That seems a sad commentary on intellectual and personal freedom.

Rowling may have a contemporary on the 2009 list. The Twilight series by Stephenie Meyer is new to the 2009 list. It’s “religious viewpoint” is one of the reasons it is challenged. And what is that religious viewpoint? Evidently, it’s that, like Harry Potter, there are “supernatural” elements to the stories. Also new to the list is My Sister’s Keeper by Jodi Picoult. Lauren Myracle’s best-selling young adult novel series TTYL, written entirely in the style of instant messaging, headed the list.

Seven books actually fell off last year’s most challenged list: His Dark Materials trilogy (series) by Philip Pullman; Scary Stories (series) by Alvin Schwartz; Bless Me, Ultima by Rudolfo Anaya; Gossip Girl (series) by Cecily von Ziegesar; Uncle Bobby’s Wedding by Sarah S. Brannen; The Kite Runner by Khaled Hosseini; and Flashcards of My Life by Charise Mericle Harper. Here’s the complete 2009 list with the reasons for the challenges:

  1. TTYL; TTFN; L8R, G8R (series), Lauren Myracle (Reasons: nudity, sexually explicit, offensive language, unsuited to age group, drugs.
  2. And Tango Makes Three, Peter Parnell and Justin Richardson (Reasons: homosexuality).
  3. The Perks of Being A Wallflower, Stephen Chbosky (Reasons: homosexuality, sexually explicit, anti-family, offensive language, religious viewpoint, unsuited to age group, drugs, suicide).
  4. To Kill A Mockingbird, Harper Lee (Reasons: racism, offensive language, unsuited to age group).
  5. Twilight (series), Stephenie Meyer (Reasons: sexually explicit, religious viewpoint, unsuited to age group).
  6. Catcher in the Rye, J.D. Salinger (Reasons: sexually explicit, offensive language, unsuited to age group).
  7. My Sister’s Keeper, Jodi Picoult (Reasons: sexism, homosexuality, sexually explicit, offensive language, religious viewpoint, unsuited to age group, drugs, suicide, violence).
  8. The Earth, My Butt, and Other Big, Round Things, Carolyn Mackler (Reasons: sexually explicit, offensive language, unsuited to age group).
  9. The Color Purple, Alice Walker (Reasons: sexually explicit, offensive language, unsuited to age group).
  10. The Chocolate War, Robert Cormier (Reasons: nudity, sexually explicit, offensive language, unsuited to age group).

I can occasionally understand an “unsuited to age group” complaint. Particularly in the school context, though, it seems far more sensible to allow students whose parents object to read an alternate title rather then have one or a couple families decide the curriculum and what everyone else’s children can read. Likewise, while requiring parental permission in school or public libraries may dissuade some kids from reading those books, it is a far less restrictive alternative than depriving access to all readers of a particular age.

The ALA defines a challenged book as one where there is a “formal, written complaint filed with a library or school requesting that materials be removed because of content or appropriateness.” And remember, one of the 2009 challenges was in the Sioux Falls School District.


Censorship is the tool of those who have the need to hide actualities from themselves and others. Their fear is only their inability to face what is real.

Charles Bukowski

Midweek Music Moment: Vehicle, The Ides of March

By the most common definition of the term, The Ides of March were a one hit wonder band. Forty years ago this week their song “Vehicle” broke onto the Billboard charts, where it would peak at number two in late May 1970. Never again would the band hit the top 40.

A popular Chicago-area group, the band actually reached 42 on the Billboard charts in 1966 with a song released on a local label. Two years later the band added a horn section. When Warner Brothers signed the band, “Vehicle,” forgive the pun, was a perfect vehicle for the times. Horn bands were hot. After all, Chicago and Blood, Sweat & Tears both had hit LPs and singles in the late 1960s. Built around the opening horn hook and driven by the lead guitar, “Vehicle” was cut from much the same mold.

As was not uncommon, the song, written and sung by guitarist Jim Peterik, was released before the album of the same name. Although the album still featured the horn section, it also seems to show a band perhaps still in search of an identity. Both “Home” and “One Woman Man” were in the tradition of standard pop ballads while “Factory Band” echoed the current popularity of Creedence Clearwater Revival (whose Cosmos Factory LP would be released that summer). With that, Vehicle, the album, might be noteworthy only for the top 10 hit that gave it its name. But two cover songs display an exploratory, progressive element that made the LP of more than passing interest.

Side 1 of the album closed with a seven-minute version of “Wooden Ships,” released the prior year on Crosby, Stills & Nash. The Ides of March don’t ignore the original flavor of the song. Yet with a percussive introduction and making the horns prominent, “Wooden Ships/Dharma for One” creates a blend resulting in a more forceful rendition than the original and most subsequent cover versions.

The band does the same in closing the album with the Beatles’ “Eleanor Rigby.” Calling it “Symphony for Eleanor,” the nearly ten-minute work bears little resemblance to the original other than springing from the structure of the original melody and using the original lyrics. The middle section of the song is an extended exploration of the tune with both pop-like and more progressive and hard rock approaches. It is perhaps the best display of the chops in the band and certainly both it and “Wooden Ships” are more indicative of the talent in the group than the single-length tunes on the LP.

The Ides of March would release an album each of the next three years but only two songs, both from the band’s second Warner Brothers album, would reach the charts and then only at 64 and 73. In fact, by 1972 the band had abandoned the horn band concept and soon disappeared from view. Peterik would go on to found the band Survivor and pen its top hit, “Eye of the Tiger,” and collaborate on several other hits for bands like .38 Special. Although CD technology and nostalgia would lead to the re-release of much of their music and the band would resuming touring in the 2000s, like most one hit wonders, “Vehicle” was a product of its time. Undoubtedly, the same is true of the progressive elements on the LP but they elevate the album and the band beyond simply one hit wonder dimensions.


Hey, well I’m the friendly stranger in the black sedan
Won’t you hop inside my car?

The Ides of March, “Vehicle”

Book Review: The Long Way Home by David Laskin

Usually lurking somewhere in today’s ongoing immigration debate is an idealized notion of times when the vast majority of those coming to our shores were Europeans. One of those periods was the early part of the 20th Century when eastern, central and southern Europeans came en masse. More than 1 ¼ million immigrants arrived in 1907 alone. By 1910 foreign-born residents accounted for almost 15 percent of the country’s total population. By 1914 one of every three Americans was an immigrant or the child of an immigrant.

Yet as David Laskin explores in The Long Way Home: An American Journey from Ellis Island to the Great War, the influx of Italians, Poles, Slavs and Jews has become a golden age thanks to the perspective of a century of history. At the time, immigrants tended to have low-paying jobs, often lived in their own sections of cities where little English was spoken and were commonly referred to as dago, kike, polack, bohunk, wop, yid or some other slur. Laskin suggests that the service of immigrants in the American military in World War I was a significant step in the American melting pot.

The Long Way Home casts that motif around the lives of eleven individuals who came to the country from places as diverse as Norway, Italy, Poland and the Russian Pale of Settlement and an American-born son of Slavic immigrants. Relying heavily on government documents, family records and memories, Laskin traces their stories from their native lands through their arrival in the U.S., their service in the U.S. armed forces in World War I and their lives after the war for those who survived. In fact, more of the book details their pre-war histories and issues confronted by the service of immigrants in the military than their experiences once the U.S. entered the war.

The fact most of the immigrants were not citizens was not the only concern about them enlisting or being drafted into the U.S. military. Some ethnic groups opposed the war for political or religious reasons. To illustrate this, the book details the stories of Hutterites from South Dakota who were imprisoned for refusing to serve in the military on religious grounds. Much of the concern arose from the fact that 15 percent of the country traced their heritage to nations America was fighting and some immigrants had fathers, brothers, cousins or uncles in the armies of those nations. As a result, there were questions about not only who immigrants supported in the war but where the loyalties of immigrant draftees might lie. It was a legitimate concern for the military, given that at the peak of America’s involvement in the war nearly one in five of its soldiers were foreign-born.

The dozen individuals Laskin particularly focuses upon never doubted their loyalty. They served admirably, some died and some were honored with medals, including the Congressional Medal of Honor. Where the book struggles a bit is largely in terms of the problems facing anyone trying to tell the personal stories decades after the fact.

Laskin, the author of The Children’s Blizzard, was able to interview only one of the dozen men he follows, an Italian immigrant who was 110 years old at the time of the interview. Although he strives to personalize the story through their individual tales, he is limited by forced reliance on government records, the stories and research of others, and family history and lore. Not all the dozen individuals left records of or are mentioned in official military accounts of the battles in which they participated. As a result, the diaries or written records of other participants “serve as kind of a proxy” for the experiences of those followed in the book. This at times means The Long Way Home feels more like a broad history of the war and America’s immigrants than one of the particulars of the lives of these individuals.

Laskin also occasionally uses language that seems a bit too lofty, leaving a sense of trying to bolster stories that are exceptional in their own right. In addition, like far too many recent popular works of history, the book would benefit from a map or two showing the locations of various places, battles or troop movements.

Yet these concerns don’t undermine the book’s thesis. The Long Way Home illustrates how military service during the war helped Americanize the immigrant soldiers — and not just by earning citizenship. From their perspective, they became and felt part of an American whole that blurred ethnic backgrounds. Their fighting units were American fighting units, no more and no less. From the perspective of native-born Americans with whom they served, immigrants became individuals rather than ethnic stereotypes. With the rigors and dangers of military service working as a great equalizer, even terms like “Woppy” moved from slur to friendly, albeit insensitive, nickname.

Laskin suggests the Americanization of these soldiers had an impact on a broader scale because part of the social contract between a country and its citizens is service in times of war. The men he follows and thousands of others held up their end of the bargain before actually having a citizenship contract with the country for which they were fighting.

In the streets of America they were aliens–but in no-man’s-land they were expected to fight as fervently as native-born Americans. And, for the most part, they did. It was that loyalty in action that changed everything. They righted the imbalance of the social contract not by protesting but, paradoxically, by submitting. Their pride in serving won them, and their families, the status they could never have gained without the war.

Yet The Long Way Home also points out an ironic result. Although their experiences may have transformed immigrant soldiers into Americans, the years following World War I raised barriers for those who may have wanted to follow in their footsteps. The Russian Revolution helped create the Red Scare and soon “everything alien was suspect.” Anti-immigrant sentiment increased and Congress limited immigration from Europe to the point where, for example, the number of immigrants from Italy dropped from more than 220,000 in 1921 to just 6,200 four years later.

That, of course, isn’t the fault of America’s immigrant soldiers. Not only did World War I fail as “the war to end all wars,” even these veterans may have felt some of the anti-immigrant backlash of the 1920s. Laskin, though, helps demonstrate how their service and loyalty were vital in making them and their descendants an integral part of the country and its future.

Sidenote: As part of his book tour, Laskin is scheduled for a talk and book signing at the Old Courthouse Museum in Sioux Falls at 7 p.m. on Tuesday, April 27, and at the Freeman Public Library in Freeman at noon on Wednesday, April 28.


It was a war in which slaughter invariably overwhelmed strategy.

David Laskin, The Long Way Home

Weekend Edition 4-10

Bulletin Board

  • Check out the local B&N tomorrow (Sunday) as it hosts a bookfair fundraiser for the Sioux Falls Jazz & Blues Society. Books and jazz — hard to ask for a better combination.
  • Copyright law turns 300 today.
  • A esearch-based website has launched to tell the story of a young farm family battling the Dust Bowl. The site is updated daily and the story is told with poetry.

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Inside us there is something that has no name, that something is what we are.

José Saramago, Blindness