Brush teeth. Headlines, Trevor Noah to host “The Daily Show.” Shower; 3 train. Dentist – teeth cleaning; follow-up April 23 to repair two fillings. Pinkberry – original with blueberries and strawberries. New York Public Library – Jefferson Market, read about U.S. immigration law. Buy newspaper. Dermatologist. Pick up boots at shoe repair. Coffee. 3 train. Read newspaper. See photo of U.S. soldier in Europe showing off an M16 rifle to a girl in Poland, who’s holding rifle, mock firing, all as part of a promotional tour by military. Wonder about the image. Weary. Home. Laundry.
Month: March 2015
Palm Sunday
“It’s nice out here,” said a man in a navy down vest and Yankees cap as he swung through the lobby door of his building out onto Frederick Douglass.
“Yeah,” I replied, agreeing.
“I thought it would be chilly,” he said.
It was about 31 degrees but the sunshine felt warm.
At corner of 147th and Eighth, a man and woman hailed a car. Though I saw them from behind – they looked sharp, she in a long coat with a pattern of flowers, her Afro catching the sunlight. He wore a gray flannel suit.
“It’s Palm Sunday,” the cashier at Pathmark told me.
The beginning of Holy Week.
Along Eighth, a deli prepares to open. “Mo’s Gourmet,” says the red sign with yellow letters. Brown butcher paper held in place by blue painter’s tape fills the windows right now.
Back at my building, the sound of Drake drifts through a second-floor window.
Standardized Test
Government-issued ID that is current and contains a recent, recognizable photo, as well as our date of birth
Clear plastic bag (maximum size 1 gallon)
Non-mechanical pencils with erasers
Pencil sharpener
Hygiene product
Unwrapped cough drops
Off we went this morning, bag in tow, to take the Multistate Professional Responsibility Exam. We left the house nearly two hours early, flagged a car driven by a nice man from Nigeria, and headed down the FDR to the 70s, where we asked the driver to deposit us at a Starbucks near the test center.
Without a smartphone or watch to guide us – both items grounds for dismissal from the test center and cancellation of our scores – we asked others for the time. “It’s 7:45,” said a woman of about 60 with shaggy hair and a service dog — a yellow retriever — without looking up from her phone. Minutes later we spied a clock – with hands and a big dial – atop a post at the corner of 75th St. and First Ave., in case you’re on the Upper East Side and want to know the time and have neither a watch nor a phone nor a woman with a service dog.
At what felt like the right moment – not too early and not too late – we headed to the test center, which doubles as a high school named for Eleanor Roosevelt. We thought that might improve our fortunes because we would have voted for her husband for president had we been alive and at least 21 years old in 1932, 1936, 1940 or 1944.
Alas, we weren’t, which may explain what happened next. The lesson, if you read no further, is to thank your proctor the next time one does right by you and your fellow examinees. Ours didn’t.
“Once time has been called, all pencils are to be put down and no more marks are to made on the answer sheet,” according to the instructions set forth in the test day summary, which runs four pages.
The reverse side of the answer sheet contains, among other fields, a paragraph that examinees must transcribe, sign and date, all in our handwriting. Transcribing the paragraph takes about three or four minutes, depending on one’s handwriting and how carefully one transcribes. We thought we should try to write legibly.
We imagined that the proctor might instruct examinees to complete the paragraph at the start of the session, as part of filling in fields for biographical information on the answer sheet. Though the proctor provided about three minutes to fill in the biographical fields, he failed to state clearly that we should complete the fields on the reverse side of the answer sheet too.
Though we intuited a responsibility to fill in the fields, when we looked up from filling in our name, the last four digits of our Social Security number and other information on the front of the answer sheet – and we affirm that we filled in the information promptly, as instructed – we saw that a student to our right who holds a Brazilian passport had opened his booklet and started the test.
We asked the proctor, aloud, whether time had begun. He answered that it had, much to the surprise of everyone but the Brazilian, judging by the gasps from a majority of students in the room, who, like us, had yet to open their test books. Of course, as soon as the proctor told us that we could start the exam, we did.
That meant that we had yet to finish transcribing the paragraph. Thus, with about four minutes remaining in the 120 minutes allotted for the test, we stopped reviewing our answers so that we might finish transcribing. We thought, based on the instructions quoted above, when the proctor called time that no more marks would be permitted on the answer sheet. That pencils down means pencils down.
Nevertheless, after calling time, the proctor announced that we could continue to transcribe the paragraph on the reverse side of the answer sheet.
Had we known the proctor would allot the time, we could have devoted at least four more minutes to reviewing answers that we might have doubted on the first pass. Sometimes we return to answer choices later and the correct answer seems clear. Thus, in a test where time is of the essence, four minutes may mean the difference between a correct or incorrect answer, which in turn may determine whether we pass and become attorneys-at-law.
The failure by the proctor to administer time as laid out in the rules of the test contravened the instructions provided to examinees. We found the experience to be maddening.
We suppose we’re sad because the day was supposed to culminate a year of study. On Friday, we took photographs, like the one above, in the library, to memorialize the time we spent in the stacks.
The time had its charms. Besides drinking coffee, we browsed whole shelves on the history of colonialism in Africa, the rise of Mao and the founding of the People’s Republic of China. We learned that Mao purged some of his fellow revolutionaries. We skimmed a history of the East India Company that included something about pepper merchants in Antwerp.
We made outlines. Though the better term might be built outlines because we layer them in over time. With successive rounds of study, the outline starts to feel comfortable in the hand. It acquires a weight, markings and wear that eventually become part of us. That stands in contrast with the start of the process, when every entry feels awkward and difficult to set down on the page.
Item in our outline: “For purposes of the attorney-client privilege, the relationship between and attorney and client starts when someone seeks legal services.” The rule is plain enough, but the process of arriving at that sentence took weeks. The words told us, finally, what we needed to know.
We hoped that Friday might conclude this latest stretch in the stacks, where we’ve been regulars the past year. “Welcome back,” the guard at the entrance to the library greeted us, smiling, when we arrived Friday. “Thank you, sir,” we answered, smiling back.
Depending on the outcome of the test, we may be reprising that greeting in the months to come.
News quiz, week ending March 27
1. Italy’s highest criminal court acquitted whom Friday in the death of British student Meredith Kercher in 2007?
2. American astronaut Scott Kelly and Russian cosmonaut Mikhail Kornienko blasted off Friday to spend 350 days aboard the International Space Station – about twice as long as visitors usually stay. What do scientists hope to study from the duration of the trip?
3. Who left “One Direction” this week?
a) Niall Horan, b) Harry Styles, c) Liam Payne, d) Zayn Malik
4. Which two giants of the food industry announced plans to merge?
5. The man who led Singapore’s transition to self-rule and later became the republic’s first prime minister – a post he held for 31 years – died Monday at age 91. Who was he?
6. The remains of which British monarch were reinterred this week, more than 500 years after he was killed in battle?
7. What was the intended route of the Germanwings flight that crashed Tuesday in a mountainous region of southern France?
8. This app, which is less than a month old and lets users share live videos with their Twitter followers, said Thursday it has raised $14 million in funding. What is the name of the app?
Answers
1) Amanda Knox and Raffaele Sollecito, her Italian former boyfriend; 2) The effect of spaceflight on the human body; 3) d; 4) H.J. Heinz and Kraft Foods; 5) Lee Kuan Yew; 6) Richard III; 7) Barcelona to Düsseldorf; 8) Meerkat
Sneakerheads
I follow the NCAA Tournament only loosely but Notre Dame’s win against Butler on Saturday caught my attention both for the blocked shot that sent the game into overtime and a story in the Times about the footwear the Irish favor.
The block that sent Butler and Notre Dame to OT. #MarchMadness #ndvsbutler pic.twitter.com/w4wYDWqFKu
— NCAA March Madness (@MarchMadnessMBB) March 22, 2015
The shoes, which carry the name Curry One, after Stephen Curry, who plays guard for the Golden State Warriors in the NBA, are the color of yellow highlighter. As the Times’ Ben Shpigel describes them:
“It was as if they had been marinated in pureed Skittles, coated with ectoplasm and then dunked in Citrus Cooler-flavored Gatorade. They come with a free pair of sunglasses and are particularly useful for when Notre Dame plays its games in subway tunnels.”
The Irish have won seven straight games since some of the team’s players put on the Curry Ones.
.@NDmbb in the Foot Locker Exclusive @UAbasketball Curry One 'Candy Reign' (http://t.co/y1nenQKR8C). #MarchMadness pic.twitter.com/uE7nqChsvU
— Foot Locker (@footlocker) March 19, 2015
I later took to Twitter, where I discovered a series of shoes that evoke such images as paisley breakfast cereal, roses and the flag of Jordan, which happens to share a name with a certain former NBA superstar whose collaboration with Nike belongs to the annals of shoemaking.
The Kids #Nike LeBron 12 'Cereal' releases in stores/online tomorrow. Check here for stores. > http://t.co/peKTLsu4T0 pic.twitter.com/xulTTwvt76
— Foot Locker (@footlocker) March 17, 2015
Of course, none of this would be news to many 13-year-old boys.
A closer look at the @adidasHoops 'Florist City' Collection. Drops in store/online tomorrow. > http://t.co/ihWomsrp1a pic.twitter.com/Dam1Rtv3fh
— Foot Locker (@footlocker) March 20, 2015
The Grade School Air Jordan 7 'Verde' releases online tomorrow at 10am EDT. Link. > http://t.co/DmBWShJRmG pic.twitter.com/PMBRpsdmtt
— Foot Locker (@footlocker) March 13, 2015
Under Armour, which supplies the Curry Ones to Notre Dame and five other schools in the tournament, stands to garner as much as $83 million in exposure if the teams win every game – that is, until they lose to one another.
The Curry Ones may be yellow but they mean green for the Irish too. According to Bloomberg, Notre Dame’s deal with Under Armour will pay the school $90 million over a decade.
Dispatch from SXSW, by Maureen Dowd
Sometimes we come across writing that fills us with admiration. Here’s a sentence that grabbed me today. It’s by Maureen Dowd, in a dispatch from South by Southwest:
I needed someone like Toby to help me cut through the verbal clutter and Panglossian spin in a world where celebrities are “influencers,” people are “users,” news is “content,” “platforms” are not shoes, the “Deep Web” is no place for Charlotte, and virtual reality trumps plain old reality.
News quiz, week ending March 20
1. What Pacific nation was devastated by Cyclone Pam?
a) Nauru, b) Palau, c) Vanuatu, d) Maluku
2. Millions of people took to the streets in what country to air their frustration with a faltering economy and a corruption scandal involving the state-run oil company?
3. Investigators in Spain said they might have located the remains of what writer?
4. Microsoft said Wednesday that its Windows 10 operating system, which is due later this year, would mark the end of what product that was first launched in 1995?
5. “Just because we removed the word patient from the statement doesn’t mean we are going to be impatient,” Janet Yellen, chairwoman of the U.S. Federal Reserve, told reporters. To what was she referring?
6. What threat from the U.S. may have prompted Prime Minister Benjamin Netanyahu of Israel to backtrack from comments, made on the eve of Tuesday’s election, in which he ruled out the establishment of a Palestinian state?
7. What evidence emerged this week that shows the Arctic is being impacted by climate change?
8. Affiliates of the Islamic State claimed responsibility for attacks that left dozens of people dead in what two countries?
Answers
1) c; 2) Brazil; 3) Miguel de Cervantes; 4) Internet Explorer; 5) The Fed’s thinking about whether and when to raise interest rates; 6) That the U.S. might stop siding with Israel at the U.N. and in other international institutions; 7) At its peak, ice covered about 14.5 million kilometers of the northern oceans this winter, about 130,000 square kilometers less than the previous lowest maximum in 2011; 8) Tunisia and Yemen
For the second time in a year I’m studying for a test that constitutes part of admission to the New York bar.
This one goes by the name of Multistate Professional Responsibility Exam (MPRE). It has 60 multiple-choice questions and tests knowledge of the rules of professional and judicial conduct.
Alert: reading about the bar exam may feel, to borrow a word from the novelist (and lawyer) Ayelet Waldman, “spinachy.”
I had forgotten about the MPRE when I set out a year ago to pass the bar exam and apply for a law license here in the Empire State. Last fall, I received a letter advising me that I passed, but the letter went on to say that the examiners would hold off on certifying me for admission until I passed the MPRE too.
Oh. That.
Thus, I’m studying for the MPRE, which takes place on March 28. Spinachy. Still, the material illuminates something about the law that appeals to me.
For example, you may have heard it said that a lawyer should represent his or her client zealously. That matters in our adversary system, which assumes that opposing sides, represented zealously within the bounds of law, will produce justice.
However, a lawyer also owes a duty of candor to the court. According to the rules, an attorney is subject to discipline for knowingly failing “to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.”
Suppose you represent a client in a New York court, and your opponent fails to call the court’s attention to a case from the state’s Court of Appeals that directly counters a position taken by your client. You must cite the case.
That doesn’t mean that you have an obligation to volunteer facts that are harmful to your client – we trust the opposing side to handle that – or that you have to cite a case from Virginia, for example, here in New York. But it does mean that you have a responsibility to the tribunal that transcends even your duty to your client.
In short, press for advantage but remember that you have a responsibility to act ethically.
Whatever your take on the verdict Tuesday that awarded the estate of Marvin Gaye a win in its claim that Robin Thicke and Pharrell Williams plagiarized part of “Blurred Lines” from a song that Gaye copyrighted in 1977, it may be helpful to remember that we aren’t the jury.
We didn’t hear the evidence, nor did we try our best – assuming that’s what jurors do – to follow an instruction from Judge John Kronstadt regarding the law that applies. Thus, imagine that we’re jurors, we’ve heard all the testimony – including Thicke’s serenading us with segments of popular songs – and now the judge instructs us.
At its core, infringement requires a finding of similarity of expression that’s protected by copyright. “Similarity that is confined to ideas and general concepts is not infringing,” Kronstadt explained. “Similarities derived from the use of common ideas are not protected.” He continued.
Trivial copying is not copyright infringement. Copying is trivial if the average audience would not recognize the copying of the Gaye Parties’ work in the Thicke Parties’ work.
You must determine whether any copying of the Gaye Parties’ work in the Thicke Parties’ work is trivial. If the copying is trivial, then the Thicke Parties’ did not infringe the Gaye Parties’ copyright.
Thus, the jurors unanimously found, after hearing the evidence, that “Blurred Lines” bears a similarity to “Got to Give it Up” that is more than an idea or concept.
The “verdict sets a terrible precedent,” according to Adam Pasick at Quartz, who notes that the finding that Thicke and Williams infringed merely by trying to evoke the feeling of Gaye’s song – as lawyers for the duo argued – “could have a chilling effect on musicians trying to create new songs.”
That may be. Yet as Kronstadt instructed jurors, “Intrinsic similarity is shown if an ordinary, reasonable listener would conclude that the total concept and feel of the Gaye Parties’ work and the Thicke Parties’ work are substantially similar.”
Jurors seem to have followed his instruction.
Others have said the court misapplied the law more broadly. “The Gaye estate’s copyright covers only the notes of his song (the composition), and not the way it was played (the sound recording),” writes Tim Wu, a professor of law at Columbia, in The New Yorker.
According to Wu, who notes that Gaye registered a copyright for the composition but not for the recording:
With a broader copyright, Gaye’s estate would have a stronger claim to owning some of his particularly distinctive style choices. But, given that the copyright covers only the notes and Pharrell did not borrow any note sequences, the judge was legally obliged to throw out the case.
That also may be decided on appeal. For now, imagine you are a juror and Kronstadt has charged you as follows.
If the Gaye family showed that is more likely than not that there was a substantial similarity between the songs, then you can presume that Thicke and Pharrell copied.
According to Kronstadt, Thicke and Pharrell could rebut that presumption if they showed that it is more likely than not “that they independently created the infringing work or works.”
News quiz, week ending March 13
1. President Edgar Lungu of Zambia reportedly is being treated for a narrowing of his esophagus. What disease was Lungu thought initially to have?
2. Which of the following fighting forces is not participating in the military assault on the Islamic State in the Iraqi city of Tikrit?
a) Iraqi troops, b) Turkish troops, c) Shiite militias, d) Iranian troops
3. What “extraordinary action” did Missouri’s supreme court take to restore trust in Ferguson’s court system?
4. What pay-TV service announced a deal to stream its programming on Apple devices exclusively for three months?
5. “U.S. senators officially announce that when this government leaves, its commitments will become nullified,” Ayatollah Ali Khamenei, Iran’s supreme leader, said Thursday. “Isn’t that the ultimate collapse of political ethics and the disintegration of the U.S. system?” To what was he referring?
6. How many people have died from the Ebola virus in Liberia, Sierra Leone and Guinea, according to the World Health Organization?
a) more than 8,000, b) more than 9,000, c) more than 10,000, d) more than 11,000
7. A group of women who advocate global disarmament plan to walk this May across what stretch of land?
8. What world leader’s absence from public view since March 5 has swirled speculation about the leader’s health, political prospects and romantic life?
Answers
1) Malaria; 2) b; 3) Assigned a judge of the state appeals court to oversee all municipal cases; 4) HBO; 5) An open letter to Iran’s leaders signed by 47 Republican U.S. senators warning that any agreement reached in negotiations over Iran’s nuclear program would be no more than an executive agreement; 6) c; 7) The Demilitarized Zone that separates North Korea and South Korea; 8) President Vladimir Putin of Russia