Author Archives: Harold O'Grady

Beautiful Libraries

The librarians from Brooklyn Law School are attending the 2018 conference of the American Association of Law Libraries in Baltimore, Maryland. We are honored to be part of an incredible profession with so many dedicated people willing to help law students, lawyers and legal professionals. Go to your library, speak with your librarians, educate yourself and don’t ignore the advantages that your librarians offer.

Take a look at some of the wonderful libraries listed in a new book from Taschen, Massimo Listri: The World’s Most Beautiful Libraries, withimages taken of the oldest libraries around the world, from medieval to 19th-Century institutions and private to monastic collections. It claims to be ‘a bibliophile beauty pageant’.

Biblioteca Apostolica Vaticana (The Vatican Library), Rome, Italy
The Vatican Library has its roots in the 4th Century CE, although in its current form it was established in the 15th Century. In the 16th Century Pope Sixtus V commissioned the architect Domenico Fontana to create new buildings to house the Vatican collections, and these are still used today. The decoration is so dizzyingly luxurious that it suggests a sort of fractal geometry. Like most of the vast Vatican complex, the library is a display of the spiritual and temporal influence that has allowed the Vatican to constitute itself as a sovereign state. In addition to documents spanning much of human history, the library possesses the oldest known manuscript of the Bible. When the librarian shushes you, you might want to listen: he has the rank of cardinal.

Stiftsbibliothek Kremsmünster (Kremsmünster Abbey Library), Austria
Kremsmünster Abbey was founded in 777 CE and its library holdings include the Codex Millenarius, a famous 8th-Century manuscript of the Christian Gospels that depicts Saint Luke as a flying ox (Matthew, Mark, and John are a winged man, lion, and eagle respectively). Except for a raid in the 10th Century, after which repairs were made by Emperor Henry II, Kremsmünster for the most part escaped sacking, dissolution, and aristocratic expropriation; little wonder, since it sits on a hill like an intimidating fortress. Like many continental libraries, it was (re)built in the popular Baroque style in the 17th Century, according to which most surfaces (luckily not including the floor) are subjected to exuberant carving, gilding, and frescoes – although this library is positively restrained in comparison to some. Books as intellectual and cultural capital were once considered as valuable as jewels, and it made sense for them to be stored and displayed in gorgeous jewel boxes.

Biblioteca Statale Oratoriana dei Girolamini (The Girolamini Library), Naples, Italy The Girolamini library is part of a large complex founded by the Oratorian religious order. The library hall is an imposing space that rises through three elegant stories: two levels of carved wood shelves, topped with late baroque plasterwork and frescoes. The sheer volume of books on display leaves one in no doubt that this is a place of higher study and research, as well as a warehouse of knowledge. Although it is wide ranging, the collection is particularly strong in music: the Oratorians believe in the importance of music and song in religious contemplation. This was the 18th-Century philosopher Giambattista Vico’s favourite library. It is also, sadly, an instance of a historic library being ransacked in the 21st Century: in 2012 it was discovered that a crime ring had been systematically looting and selling its valuable antique texts on the open market, although many of them have now been recovered. This episode is a valuable reminder, if one were needed, that humanity’s written heritage – the ‘memory of the world’, as Unesco calls it – remains under constant threat of attack.

Bibliothèque Sainte-Geneviève (Sainte-Geneviève Library), Paris, France
Although we know it is probably older, documentary information about this library first appears in 1148. It was founded as a monastic library, survived the calamitous years of the Revolution intact (although the abbey it was a part of was dissolved and turned into a school), and now serves as the Paris Panthéon-Sorbonne university library. The library’s holdings expanded with the dissolution of other religious institutions and from confiscation of aristocratic collections. The new abbey church, built in the 18th Century, has been turned into the famous Panthéon, the national hall of fame. The current library building was created by the architect Henri Labrouste and opened in 1851. The majestic reading room is like an Industrial Age cathedral; the iron-frame construction brings to mind the other great public cathedrals of the period, the railway stations. In a modern arrangement, desks for readers are at centre stage, with the book stacks standing in graceful attendance. Gas lighting was employed in a monumental hall for the first time.

Klosterbibliothek Metten (Metten Abbey Library), Germany
The Benedictine Abbey at Metten was founded in 766 but was buffeted by the Reformation, war, social unrest, secularisation, and the realpolitik swirling around it. This reached a crescendo in 1803, when the abbey’s property, including its library holdings, were confiscated and auctioned off. However, under King Ludwig I of Bavaria the abbey was reopened and a new library was established; the site once more became a redoubt of knowledge and education. Under Abbot Märkl the monastery was transformed into a prelate’s palace, more in keeping with the prestige it commanded. Among its breathtaking official reception rooms are the library, which is designed along a sophisticated theological scheme. The result is a densely saturated and surprisingly playful palate of beautiful materials. The sculptor Franz Josef Holzinger was commissioned to create the ‘atlantes’ on the central columns to hold up the ceiling (because an ordinary marble column would never do). Christian heroes such as Thomas Aquinas are captured in scenes from their lives in the ceiling frescoes. If there is a problem with this Rococo approach to constructing a ‘temple of knowledge’, it is perhaps that one sometimes has to squint to find the books.

The Premonstratensian Strahov monastery was founded in 1143 and has survived fire, wars, and plundering. Fortunately the holes torn in its collection have been more than made up for over the years by acquisitions and bequests. The library is home to the usual array of religious books, including the exquisite Strahov Evangeliary from the 9th Century, with semi-precious stones embedded in the binding, but its holdings cover a broad range of topics. In design, the library has two monumental halls. The Theological Hall was commissioned by the Abbot of Strahov in 1671; its riotous stucco work and many paintings and inscriptions (illustrating the principles of faith, study, knowledge, and divine providence) place it firmly in the Bohemian Baroque tradition. The fact that its codices are uniformly bound in white give the hall a pleasingly well-ordered feel. The Philosophical Hall (shown here) was built starting in 1783, is more neoclassical in design, and is characterised by its magnificent walnut book cabinets, which were salvaged from the dissolved abbey of Louka, in Moravia. After the Communist coup, the monastery was appropriated by the Czechoslovakian State in 1950 to become part of the Museum of Czech Literature. But after the fall of Communism, the collections were given back to the Premonstratensians, who have been working since to repair decades of neglect.

Stiftsbibliothek Sankt Gallen (Saint Gall Abbey Library), St Gallen, Switzerland For a long time, St Gall Abbey was one of the most important
intellectual centers in Western Europe, and it incorporates one of the largest medieval libraries in the world. The abbey was founded in the 7th Century by the Irish monk Gallus, and followed the Rule of St Benedict – the most bookish of saints, who required of his order the disciplined contemplation of religious texts – for more than a thousand years. A Greek inscription above the library’s entrance calls it a ‘sanctuary for the soul’. Today’s library arose during the Baroque remodelling of the abbey in the 18th Century by the architect Peter Thumb. The decoration befits a place of great cultural capital. There is rich, Rococo ornamentation everywhere, and especially in the stucco work. The carved wooden bookcases completely cover the walls on two levels, while the ceiling paintings depict ecumenical councils and church fathers. The abbey was added to the Unesco World Heritage list in 1983.

Trinity College Library, Dublin, Ireland PIf you still have your sunglasses on, you can take them off now, because the Long Room at Trinity College Library is pleasingly low on ornamentation, and soothingly high on Enlightenment symmetries. Elizabeth I of England founded Trinity College in 1592 as a centre of Protestant scholarship, the idea being to break with the monastic tradition of learning and establish a new framework within the University of Dublin. Because the university outgrew its first library, a new building was planned by Thomas Burgh. Known as the Old Library, it was begun in 1712 and finished in 1732. It includes a spectacular 65m (215 ft)-long central space known as the Long Room; the original flat roof of the single-storey room was raised in 1858 and replaced with the oak barrel-vaulting that exists today. The Long Room’s oak shelves hold 200,000 of the university’s most valuable books. Among the intellectual worthies whose busts are ranked along the bookshelves are Oscar Wilde and Samuel Beckett, both of whom once used the library. (There are no women.) The library’s treasures include illuminated masterpieces such as the Book of Durrow (c 650–700) and the Book of Kells (c 800).

LexisNexis 200

On the English side of the pond, LexisNexis’ 200 year anniversary seems to have coincided with AI hitting the very top of the hype curve, blockchain finding its way into the everyday Lexicon and increasing numbers of leading law firms opening their own tech accelerator hubs. These opportunities for lawyers, law firms, in-house teams, learning establishments and law students give us reason to think that we are experiencing the most significant innovations ever seen by lawyers.

One technology easily forgotten because of its pervasiveness was an innovation that dominated LexisNexis (previously Butterworths) during the first 160 years of our history but had already been available for 350 years before Henry Butterworth opened his bookstore in 1818. Johannes Guttenberg’s printing press was a major first step on a journey of democratizing information and transmitting it with ease and speed.

While the printing press had been developed in the mid-1400s, it was not until 1481 or 1482 when the first English law book was printed: Sir Thomas de Littleton’s Treatise on Tenures, which was written in French.  Perhaps even more importantly, the first legislation was printed in 1483. Before then, the dissemination of legal information and ideas – including publishing law reports and instructional guides for solicitors and justices of the peace – was limited to a scribe’s accuracy and speed and therefore tended to be limited to those few in the Inns of Court who had access to manuscript copies.

The pre-printing press, “manuscript culture”, methods of recording and sharing information in notebooks or commonplace books and the direct conversations between lawyers made it challenging for those practising or upholding law to be sure that they were up-to-date with current legislation and practice. However the same methods also proved to be an ideal protectionist tool allowing (or perhaps even engineering) a major knowledge gap between those who had access to the law and those who didn’t. A lawyer’s value would regularly lie with just knowing what the law was, rather than how to apply the law. Of course this is no longer how a lawyer creates value and such a scenario seriously offends our current concepts of the Rule of Law since people cannot be truly equal if it is impossible for the majority to even know what the law is.

in any event, LexixNexis has created a short video as a tribute to the legal profession and how it has helped transform society over the past 200 years.

Hat tip:  James Wilkinson, Head of Content Automation at LexisNexis UK.

Conspiracy: the Gawker Case

Brooklyn Law School Library’s New Books List for June 1, 2018 is now out with 38 print titles and 41 E-book titles. One book attracted the attention of this writer. Conspiracy: Peter Thiel, Hulk Hogan, Gawker, and the Anatomy of Intrigue tells the story of an astonishing modern media conspiracy. In an age when people compete to be contrarian, it is rare to encounter an astounding proposition. That is what makes Ryan Holiday’s “Conspiracy” such a delight. It takes real nerve, during an investigation into possible collusion to swing the 2016 presidential election, to argue that we might be better off “if more people took up plotting.” Unfortunately for Holiday, and for readers who enjoy a good provocation, his book focuses on a case that demonstrates why transparency beats conspiracy in the long run.

“Conspiracy” chronicles the legal battle between Terry Bollea, or Hulk Hogan, and Gawker Media, the swashbuckling Manhattan publishing group founded by Nick Denton. In 2012, A.J. Daulerio, then editor of the company’s flagship site, published excerpts of a sex tape, recorded in 2006 without Bollea’s consent or knowledge, that showed Bollea in bed with Heather Clem, who was then married to Bollea’s best friend: the radio personality Bubba the Love Sponge. The story was wacky, but it got truly weird. In 2007, Gawker Media acquired a powerful enemy when one of its writers outed PayPal founder and venture capitalist Peter Thiel as gay. Gawker’s Denton, who like Thiel is gay, believed that Thiel’s refusal to be open about being gay was proof that Thiel was “paranoid.” To Thiel, the story was a violation, one that made him into an object of curiosity, in a way he found incomprehensible.

Thiel, as Holiday writes, “venerated privacy, in creating space for weirdos and the politically incorrect to do what they do. Because he believed that’s where progress came from.” What Gawker saw as transparency, Thiel saw as a threat to Silicon Valley. He was so angry at Gawker that he began to refer to it as “the Manhattan Based Terrorist Organization.”

But it took him four years to strike back. In 2011, a Mr. A, whose role is first described in “Conspiracy” but who remains a shadowy figure throughout the book, persuaded Thiel to devote $10 million and five years to a shell company aimed at finding and backing potential lawsuits against Gawker. Among their beneficiaries: Terry Bollea. In 2016, a Florida jury awarded Bollea damages so punishing that Denton had to sell the company. On the surface, it seemed that Thiel’s conspiracy had checkmated Gawker Media.

Holiday, an author and corporate adviser, had unusual access to Thiel and Denton. It is one of the many ironies of this story, and of “Conspiracy,” that talking makes Thiel more sympathetic and comprehensible than plotting ever did. But by the end of the book, it’s clear that, despite Holiday’s argument, Thiel’s conspiracy failed: Thiel killed Gawker, but in doing so undermined his dream of making the Internet a more decent place and securing a more private life for himself. By contrast, Gawker was destroyed not because its leaders failed to conspire, but because they did not pursue the transparency they claimed to believe in.

By the time Thiel did identify himself as Gawker Media’s nemesis after the verdict in Bollea v. Gawker, the narrative of the trial was well on its way to being set. Thiel discovered that it is difficult to come forward and insist that you are the hero of the story when you have already won the sort of surprising and dismaying victory that makes the public inclined to believe that you are the villain. “Cunning and resources might win the war,” Holiday writes toward the end of “Conspiracy,” “but it’s the stories and myths afterwards that will determine who deserved to win it.” The flaw in Thiel’s thinking, and in “Conspiracy,” is in failing to recognize that the stories and the myths that emerge after an event often are the substance of the victory.

RBG

Her fans refer to her as the “Notorious R.B.G.” a reference to the legendary rapper “The Notorious B.I.G.” Ruth Bader Ginsburg jokes in an interview that they have a lot in common. They both come from Brooklyn. Through Ginsburg’s history you can track the women’s movement in the United States:  her fight for legal equality (for women and men), her position on an increasingly conservative court. It gives access to Ginsburg, who is interviewed, along with her children, her granddaughter, and her friends.

Starting with various right-wing figures calling Ginsburg “witch,” “very wicked,” “zombie,” the documentary takes us on a tour through Ginsburg’s life: her 1993 confirmation hearing for the Senate Judiciary Committee, recent interviews at Harvard Law School or the Virginia Military Institute, all of which help fill in the blanks of her lengthy career, as a lawyer working on women’s rights issues to her eventual nomination to the highest court in the land. There is information of personal details: her love of opera, her friendship with Antonin Scalia, the diverse collars she wears to court, her lengthy marriage to Martin D. Ginsburg. Once we reach the present day, the memes take over, showing how Ginsburg has captured the hearts of a younger generation. Seeing a class full of high school students as they listen to Ginsburg’s during a visit to their class is especially endearing.

Her husband, “Marty,” was by all accounts a well-liked and gregarious man, and not threatened by his wife’s ambitions. Gloria Steinem refers to her as a “superhero,” but Ginsburg did not spend the 1970s walking in protest marches. Instead, she went about trying to establish legal precedent for gender equality. She did so in a couple of groundbreaking cases, like Frontiero v. Richardson, her first case before the Supreme Court. “RBG” profiles those early cases, where Ginsburg took the opportunity in her arguments not only to plead for her client, but also to teach the existing Supreme Court justices that inequality is real, and why it was wrong to treat women as second-class citizens. In one of her arguments, she quoted 19th century abolitionist and attorney Sarah Grimké,: “I ask no favors for my sex. I surrender not our claim to equality. All I ask of our brethren is, that they will take their feet from off our necks.” The Supreme Court listened. Ginsburg won 5 out of 6 of her cases.

We get to hear a brief sequence dealing with her controversial 2016 comments about then-Presidential candidate Donald Trump, a serious break with the tradition of Supreme Court Justices maintaining poker faces, regardless of who is in power. One of the regular interview subjects is Senator Orrin Hatch, who may disagree with her politics but also admires her, expressing no doubt that she belongs on the Supreme Court. In the film, his is a measured presence, exuding an acceptance of disagreement and the need for compromise. His comments come from an earlier, more civilized world. Ginsburg is now queen of the dissenting opinion, but unfortunately the filmmakers stay far, far away from any “dissenting opinions” themselves.

Memorial Day 2018

Memorial Day festivities are now 150 years old. At the end of the Civil War, Americans faced a formidable challenge: how to memorialize 625,000 dead soldiers, Northern and Southern. As Walt Whitman mused, it was “the dead, the dead, the dead — our dead — or South or North, ours all” that preoccupied the country. After all, if the same number of Americans per capita had died in Vietnam as died in the Civil War, four million names would be on the Vietnam Veterans Memorial, instead of 58,000.

In the North, Memorial Day emerged in 1868 when the Grand Army of the Republic called on communities to conduct grave-decorating ceremonies. On May 30, funereal events attracted thousands of people at hundreds of cemeteries in countless towns, cities and mere crossroads. By the 1870s, one could not live in an American town, North or South, and be unaware of the spring ritual. The practice of decorating graves which gave rise to an alternative name, Decoration Day did not start with the 1868 events, nor was it an exclusively Northern practice. In 1866 the Ladies’ Memorial Association of Columbus, Ga., chose April 26, the anniversary of Gen. Joseph Johnston’s final surrender to Gen. William T. Sherman, to commemorate fallen Confederate soldiers. Later, both May 10, the anniversary of Gen. Stonewall Jackson’s death, and June 3, the birthday of Jefferson Davis, were designated Confederate Memorial Day in different states.

Memorial Days were initially occasions of sacred bereavement, and from the war’s end to the early 20th century they helped forge national reconciliation around soldierly sacrifice, regardless of cause. In North and South, orators and participants frequently called Memorial Day an “American All Saints Day,” likening it to the European Catholic tradition of whole towns marching to churchyards to honor dead loved ones.

The ritual quickly became the tool of partisan memory, at least through the violent Reconstruction years. In the South, Memorial Day was a means of confronting the Confederacy’s defeat without repudiating its cause. Some Southern orators stressed Christian notions of noble sacrifice. Others, however, used the ritual for Confederate vindication and renewed assertions of white supremacy. Blacks had a place in this Confederate narrative, but only as time-warped loyal slaves who were supposed to remain frozen in the past. Yankee Memorial Day orations often righteously claimed the high ground of blood sacrifice to save the Union and destroy slavery.

But for the earliest and most remarkable Memorial Day, we must return to where the war began. By the spring of 1865, after a long siege and prolonged bombardment, the beautiful port city of Charleston, S.C., lay in ruin and occupied by Union troops. Among the first soldiers to enter and march up Meeting Street singing liberation songs was the 21st United States Colored Infantry; their commander accepted the city’s official surrender.

Whites had largely abandoned the city, but thousands of blacks, mostly former slaves, had remained, and they conducted a series of commemorations to declare their sense of the meaning of the war. The largest of these took place on May 1, 1865. During the final year of the war, the Confederates had converted the city’s Washington Race Course and Jockey Club into an outdoor prison. Union captives were kept in horrible conditions in the interior of the track; at least 257 died of disease and were hastily buried in a mass grave behind the grandstand. After the Confederate evacuation of Charleston black workmen went to the site, reburied the Union dead properly, and built a high fence around the cemetery. They whitewashed the fence and built an archway over an entrance on which they inscribed the words, “Martyrs of the Race Course.”

The symbolic power of this Low Country planter aristocracy’s bastion was not lost on the freedpeople, who then, in cooperation with white missionaries and teachers, staged a parade of 10,000 on the track. A New York Tribune correspondent witnessed the event, describing “a procession of friends and mourners as South Carolina and the United States never saw before.” The procession was led by 3,000 black schoolchildren carrying armloads of roses and singing the Union marching song “John Brown’s Body.” Several hundred black women followed with baskets of flowers, wreaths and crosses. Then came black men marching in cadence, followed by contingents of Union infantrymen. Within the cemetery enclosure a black children’s choir sang “We’ll Rally Around the Flag,” the “Star-Spangled Banner” and spirituals before a series of black ministers read from the Bible.

After the dedication the crowd dispersed into the infield and did what many of us do on Memorial Day: enjoyed picnics, listened to speeches and watched soldiers drill. Among the full brigade of Union infantrymen participating were the famous 54th Massachusetts and the 34th and 104th United States Colored Troops, who performed a special double-columned march around the gravesite. The war was over, and Memorial Day had been founded by African-Americans in a ritual of remembrance and consecration. The war, they had boldly announced, had been about the triumph of their emancipation over a slaveholders’ republic. They were themselves the true patriots.

Hat tip: David W. Blight, NY Times

 

 

2018 Commencement Speakers at NY Area Law Schools

Graduation season is here and Brooklyn Law School holds its 117th Commencement Ceremony today at the Brooklyn Academy of Music’s Howard Gilman Opera House. The commencement speaker was Hon. Dora L. Irizarry, Chief United States District Judge, Eastern District of New York. Appointed by President George W. Bush in 2004, Dora L. Irizarry is the first Hispanic District Judge to serve in the Eastern District of New York. On April 23, 2016, she became the first Hispanic Chief Judge of the Eastern District of New York, and the first Hispanic woman Chief Judge within the Second Circuit. Born in Puerto Rico, and raised in the South Bronx, she attended public schools, and graduated cum laude with honors and distinction in the major of Political Sociology from Yale University in 1976. In 1979, she graduated from Columbia Law School, where she was a Charles Evans Hughes Fellow, and joined the Bronx District Attorney’s Office Appeals Bureau. Assigned to the New York City Special Narcotics Prosecutor’s Office, she investigated and prosecuted some of the City’s largest complex narcotics cases. She also served in the New York County District Attorney’s Office, the New York State Attorney General’s Organized Crime Task Force, and as a special prosecutor in the U. S. Attorney’s Office for the Southern District of New York.

Commencement speakers at other area law schools this year are:

New York

  • Albany Law School – Hon.  Michael J. Garcia, Associate Judge of the New York Court of Appeals
  • Buffalo Law School – Terrence M. Connors of Connors LLP
  • Cardozo School of Law — Hon. Patricia Millett of the U.S. Court of Appeals for the District of Columbia Circuit
  • Columbia Law School — Jeh Johnson, Former U.S. Secretary of Homeland Security
  • CUNY School of Law — Paul Butler, former prosecutor and law professor of Georgetown University
  • Fordham University School of Law —Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, Inc.
  • Hofstra School of Law — Ronan Farrow, Pulitzer Prize investigative journalist
  • New York Law School — Hon. Stephen Breyer, U.S. Supreme Court
  • New York University School of Law — Bryan Stevenson, NYU Law Professor and Equal Justice Initiative Executive Director
  • Pace University School of Law — Eric Gonzalez, Kings County District Attorney
  • St. John’s University School of Law — Hon. Preet Bharara, Former U.S. Attorney for the Southern District of New York
  • Syracuse University College of Law — Hon. Preet Bharara, Former U.S. Attorney for the Southern District of New York
  • Touro Law Center — Hon. Joseph Crowley, U.S. Representative, 14th District of New York
New Jersey
  • Rutgers University School of Law at Newark — Hon. Gurbir S. Grewal, New Jersey Attorney General
  • Seton Hall Law School — Hon. Jovita Carranza, U.S. Treasurer

Taxing the Church

The Brooklyn Law School Library New Books List for May 1, 2018 has 23 print titles and 54 E-book titles. There are so many topics covered in the list but the pending case of Gaylor v. Mnuchin which involves permitting housing allowances given by denominations to clergy to be exempt from taxation makes one book on the list highly topical.

The book is Taxing the Church: Religion, Exemptions, Entanglement, and the Constitution by Edward A. Zelinsky, Professor of Law at Cardozo School of Law. It explores the taxation and exemption of churches and other religious institutions. This exploration reveals that churches and other religious institutions are treated diversely by the federal and state tax systems. Sectarian institutions pay more tax than many believe. In important respects, the states differ among themselves in their respective approaches to the taxation of sectarian entities. Either taxing or exempting churches and other sectarian entities entangles church and state. The taxes to which churches are more frequently subject – federal Social Security and Medicare taxes, sales taxes, real estate conveyance taxes – fall on the less entangling end of the spectrum. The taxes from which religious institutions are exempt – general income taxes, value-based property taxes, unemployment taxes – are typically taxes with the greatest potential for church-state enforcement entanglement. It is unpersuasive to reflexively denounce the tax exemption of religious actors and institutions as a subsidy.

For many years, religious denominations in the United States have been largely exempt from paying taxes. However, some cracks are beginning to show in that armor. Principal among them is a suit awaiting a hearing by the 7th U.S. Circuit Court of Appeals in the case of Gaylor v. Mnuchin, in which the Freedom From Religion Foundation is challenging the constitutionality of a 1954 law, the so-called “parsonage allowance” under 26 U.S.C. § 107(2) that permits “ministers of the gospel” to receive cash housing allowances tax free, a potential violation of the Establishment Clause. The case is on appeal to the United States Court of Appeals For The Seventh Circuit seeking to reverse the district court’s opinion and affirm the constitutionality of the minister’s housing allowance under 26 U.S.C. § 107(2).

Greek May Day Celebrations

May 1st is International Labour Day and in Greece it is called ‘Protomagia’ (literally meaning the first day of May). It is an urban holiday when people traditionally go to the countryside for picnics, to fly kites and to gather wild flowers. On this day there many parades and other festivities throughout the country. It is a national holiday which means that everything is closed, with the exception of cafes and food venues.

The custom of Protomagia has its roots in ancient Greece as a celebration of spring, nature, and flowers. Flower wreaths, typically made from hand picked wild flowers, are hung on the doors of many homes in a way to welcome nature and all things good. Maios (May) the last month of Spring took its name from the Goddess Maja, a goddess who took her name from the ancient word Maia, the nurse and mother. May, according to Greek folklore, has two meanings: The good and the bad, rebirth and death. The custom celebrates the final victory of the summer against winter as the victory of the life against death go back to the ancient years and culminate at the first day of May. This day was also dedicated to the goddess of agriculture Dimitra and her daughter Persephone, who on this day emerges from the under world and comes to earth. Her coming to earth from Hades marks the blooming of nature and the birth of summer.

May 1st is International Workers’ Day, also known as Labour Day in some places, a celebration of laborers and the working classes that is promoted by the international labor movement, anarchists, socialists, and communists and occurs every year on the 1st of May. The date was chosen as International Workers’ Day by the Second International to commemorate the Haymarket affair, which occurred in Chicago on 4 May 1886. Being a traditional European spring celebration, May Day is a national public holiday in many countries, but in only some of those countries is it celebrated specifically as “Labour Day” or “International Workers’ Day”. The earliest May Day celebrations appeared in pre-Christian times, with the Floralia, festival of Flora, the Roman goddess of flowers, held April 27 during the Roman Republic era.

Lynching in America

Earlier this month, Oprah Winfrey reported on 60 Minutes on the Alabama memorial dedicated to thousands of African-American men, women and children lynched over a 70-year period following the Civil War. The project is being led by criminal defense attorney Bryan Stevenson who wants to shed light on a dark period in our past that most people would rather forget. These hangings were not isolated murders committed only by men in white hoods in the middle of the night. Often, they were public crimes, witnessed by thousands of people. Stevenson believes to heal racial divisions we must educate Americans of every color and creed. See the episode here.

The National Memorial for Peace and Justice, opening to the public on April 26, 2018, will become the nation’s first memorial dedicated to the legacy of enslaved black people, those terrorized by lynching, African Americans humiliated by racial segregation and Jim Crow, and people of color burdened with contemporary presumptions of guilt and police violence. Read the report, Lynching in America: Confronting the Legacy of Racial Terror, which documents more than 4400 lynchings of black people in the United States between 1877 and 1950.

The Brooklyn Law School Library has in its collection a related title, The Lynching: The Epic Courtroom Battle That Brought Down the Klan by Laurence Leamer (Call No. HV6465.A2 L43 2016). It is the powerful story of a brutal race-based killing in 1981 and the dramatic two trials during which the United Klans of America, the largest and most dangerous Klan organization in America, was exposed for the evil it represented. Leamer tells a gripping story of figures such as legendary civil rights lawyer Morris Dees, Alabama governor George Wallace, and Klan Imperial Wizard Robert Shelton and describes the Klan’s lingering effect on race relations in America today.

The story begins in March 1981, when Henry Hays and James Knowles, members of Klavern 900 of the UKA, picked up nineteen-year-old Michael Donald on the streets of Mobile, Alabama. They were seeking to retaliate after a largely black jury failed to convict a black man accused of murdering a white policeman. Hays and Knowles beat Donald, cut his throat, and left his body hanging from a tree branch in a racially mixed residential neighborhood. Arrested, charged, and convicted, Hays was sentenced to death, the first time in more than half a century that the state of Alabama had given that penalty to a white man for killing a black man.

Morris Dees, co-founder of the Southern Poverty Law Center, saw the case as an opportunity to file a lawsuit against the UKA. His colleagues told him that his lawsuit was impossible to win. Nevertheless, on behalf of Michael’s grieving mother, Mrs. Beulah Donald, Dees filed a first-of-its-kind civil suit and charged the Klan organization and its leaders with conspiracy. He proceeded to put the Klan leaders on trial, which produced some of the most audacious testimony of any civil rights trial as well as a stunning and precedent-setting verdict. Dees destroyed the UKA and created a weapon that the SPLC used time and again against other racist organizations. The Lynching is a suspenseful true story that takes us into the heart of darkness, but finally shows that Michael Donald and other civil rights martyrs did not die in vain.

Working-Class Shareholder

The Brooklyn Law School Library New Books List for April 1, 2018 has 42 print titles and 30 e-book titles. Among them is one e-title The Rise of the Working-Class Shareholder: Labor’s Last Best Weapon by David Webber, a rare good-news story for American workers. Combining legal rigor with inspiring narratives of labor victory, Webber shows how workers can wield their own capital to reclaim their strength. When the CEO of the supermarket chain Safeway cut wages and benefits, starting a five-month strike by 59,000 unionized workers, he was confident he would win. But where traditional labor action failed, a novel approach was more successful. With the aid of the California Public Employees’ Retirement System, a $300 billion pension fund, workers led a shareholder revolt that unseated three of CEO’s boardroom allies. In the book, the author uses cases such as Safeway’s to shine a light on labor’s most potent remaining weapon: its multitrillion-dollar pension funds. Outmaneuvered at the bargaining table and under constant assault in Washington, state houses, and the courts, worker organizations are beginning to exercise muscle through markets. Shareholder activism has been used to divest from anti-labor companies, gun makers, and tobacco; diversify corporate boards; support Occupy Wall Street; force global warming onto the corporate agenda; create jobs; and challenge outlandish CEO pay. Webber argues that workers have found in labor’s capital a potent strategy against their exploiters. He explains the tactic’s surmountable difficulties even as he cautions that corporate interests are already working to deny labor’s access to this powerful and underused tool.

This book could be the modern bible of the movement to harness labor’s capital for working-class interests. It is a riveting and thoughtful book that is not only a fast and fun read, but contributes wonderfully to a new and ongoing conversation about inequality, dark money, and populism in the electorate. On Wednesday, April 18 at 4pm, Brooklyn Law School will host a Book Talk with David Webber, Professor of Law, Boston University School of Law to discuss the book. It is sponsored by the Center for the Study of Business Law and Regulation.