Law in Contemporary Society

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JohnHammelStraussFirstEssay 5 - 22 Jun 2017 - Main.JohnHammelStrauss
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META TOPICPARENT name="FirstEssay"

Life After Katrina: Approaching Justice

-- By JHS - 1 June 2017

A death of innocence

My family was hungry and desperate as we trudged through the floodwaters toward a corner store. A man lifted a brick above his head and tossed it through the locked glass door. As my family approached the entrance, a man shouted behind me, “This store is police property! If you enter the store, we will shoot!” I turned around and faced the barrel of an M4 Carbine aimed between my eyes. I froze as four NOPD officers rapidly approached us, armed with machine guns and clothed in full body armor. “John Hammel!” my dad screamed. He grabbed me by the sleeve of my tattered t-shirt and we ran away, frantic to find refuge.

I grew up more during that week my family was trapped in downtown New Orleans than I had the entire twelve years of my life. I watched as streets flooded, trees uprooted, and buildings burned to the ground. Gunshots punctuated the stillness. Each night, I went to sleep hungry, thirsty, and sweating. There were no working toilets, no A/C, no electricity, no showers, no beds. The shelter could only offer paltry rations of one meal each day consisting of bread, cheese cubes, and a single cup of drinkable water. After seven nightmarish days, my family reached Houston as refugees with nothing but the sewage-stained clothes on our backs. Katrina had shattered my faith in humanity and rendered me a cynical, depressed twelve-year-old boy.

When I began to research why the levees broke and the government’s response was so inadequate, my general discontentment was channeled into a disdain for corruption and cronyism. Local politicians misappropriated funds for levee reinforcement to bankroll marinas and riverboat casinos. Federal funding for levee protection was slashed. FEMA was run by Mike Brown—an expert on Arabian horses, who also happened to be buddies with President Bush. Political and moral corruption was rife throughout every level of government and no one was forced to take responsibility for the carnage. When I realized that my suffering and the suffering of so many others could have been prevented, hatred boiled inside my chest. Hatred for men who would allow expediency and personal gain to come at the expense of innocent people. Hatred for the injustice I had witnessed in Katrina’s wake.

I hated injustice, but what I didn’t realize for nearly a decade was that this hatred was restrained by fear.

Hatred and Fear

One night about a year ago, I was at a bar in the West Village discussing politics with my leftist friend Brit. I was a staunch supporter of Hillary, and he of Bernie. Bernie supported economic and social justice, Brit argued. He wasn’t beholden to banks or special interests. I found Bernie unelectable and unrealistic. A Sanders presidency would bring turmoil. Hillary may have lacked integrity, but she was pragmatic. Hillary was a force for stability.

As we parted ways at the Christopher St. station, Brit encouraged me to read Martin Luther King’s “Letter from Birmingham Jail.” I read it on the subway and a chill rushed through me when I reached the passage Brit wanted me to find.

“First, I must confess that over the last few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro's great stumbling block in the stride toward freedom is not the White Citizens Councillor or the Ku Klux Klanner but the white moderate who is more devoted to order than to justice.”

I saw myself in Dr. King’s “white moderate.” My support for Hillary was rooted in my commitment to order over justice. Although all humans crave stability to some extent, my fear of turmoil ran deeper because I knew what it looked like; I had seen the chaos of instability and I never wanted to see it again. Still, the thought of becoming Dr. King’s archetype tore at my insides.

Reconciliation?

Is it possible to reconcile my hatred of injustice with my fear of instability? Must one be a revolutionary to approach justice?

My dad inspired me to become a lawyer. He’s my best friend, confidant, and hero. After graduating from Tulane Law, he worked for five years on the oil side of maritime personal injury, until he couldn’t sleep at night. “It was hard to ‘get jazzed’ about defending Transocean and BP,” he told me. That’s why he became a plaintiff’s attorney–because “it felt right.”

Safety regulations on oil rigs are scant. It's cheaper to pay for lobbyists and lost limbs than to install precautionary measures. Consequently, many injured offshore workers are not victims of bad luck, but of cold calculation. My dad came to see this clearly, and he abhorred it. His desire to right the wrongs inflicted upon these seamen imbued his work with purpose. And now, thirty years after trying a client’s case, he still answers their calls, attends their family weddings, and cheers at their children’s graduations. These men are like family to him. My dad is not John Brown, nor is he Dr. King, but he doesn’t need to be. He recognized the injustice in his small corner of the world and has worked hard for thirty years to make it better. One need not revolt to make the world a better place.

This summer, I am working at the U.S. Attorney’s Office in New Orleans, and so far, I love it. Last week, I drafted a memorandum that helped prosecute a man who violently abused his girlfriend. This Tuesday, I watched a federal judge convict him. It was an unfamiliar feeling, making things happen using words, but it felt right.

Perhaps I have a future in federal prosecution. Perhaps not. My dad chose maritime personal injury as his arena and his career has shown me that the pursuit of justice is compatible with stability. I don't yet know which front I'll battle on, but I know that my dad’s example and my hatred for injustice will guide me.

But if we take away the rhetoric of the last paragraph, which seems to be intended to show that my statements were somehow received as the answer for you, the draft shows that the answer for you lies elsewhere. I'm not sure how one would transpose King's categories across time, which is why I asked people from the beginning of the course to try that experiment for themselves. John Brown's categories, and Thoreau's, are also not our own.

You want to confront injustice without destroying order. Robert Bolt's version of Thomas More is constructed in that fashion as well, which is why a man of the left such as Bolt considered his More "a man for all seasons." It's a lawyer's way of thinking, isn't it? Not somehow dishonorable, as you imply, because not the form of fighting injustice that extralegalists are inclined to follow, notwithstanding or because of the disorder they imply.

I think the route to the improvement of the draft is the loss of the apology, which seems out of place to me, in favor of the actual outcome of your own experience, which is to receive a call to arms that does not include an effort at revolt.


You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

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JohnHammelStraussFirstEssay 4 - 04 Jun 2017 - Main.JohnHammelStrauss
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META TOPICPARENT name="FirstEssay"

Life After Katrina: Approaching Justice

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-- By Main.JHS - 11 Mar 2017
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-- By JHS - 1 June 2017
 

A death of innocence


JohnHammelStraussFirstEssay 3 - 02 Jun 2017 - Main.JohnHammelStrauss
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META TOPICPARENT name="FirstEssay"
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A death of innocence

Changed:
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<
When I was 12-years-old, justice seemed phony. I grew up more comfortably than most. By day, I was a student at an idyllic private school; by night, my parents showered me with support and affirmation. I was untouched by despair and injustice, despite living in one of the most iniquitous cities in the country. Then, Katrina changed everything. I grew up more during the week my family was trapped in New Orleans than I had the previous twelve years of my existence. Buildings burned, streets flooded, mobs looted, and gunshots fired. A police officer pointed a machine gun at my head and threatened to shoot. When my family arrived in Houston as refugees, with nothing but the sewage-stained clothes on our backs, I harbored a dismal view of the human condition.
>
>
My family was hungry and desperate as we trudged through the floodwaters toward a corner store. A man lifted a brick above his head and tossed it through the locked glass door. As my family approached the entrance, a man shouted behind me, “This store is police property! If you enter the store, we will shoot!” I turned around and faced the barrel of an M4 Carbine aimed between my eyes. I froze as four NOPD officers rapidly approached us, armed with machine guns and clothed in full body armor. “John Hammel!” my dad screamed. He grabbed me by the sleeve of my tattered t-shirt and we ran away, frantic to find refuge.
 
Changed:
<
<
These memories mixed with the onset of teen angst to form a potent cocktail. I had peeked behind the curtain of justice and order and glimpsed mankind’s true nature. Stripped of institutions and structural support, society descended into chaos, and men devolved into animals. The fiction of justice and fairness existed only to the extent that our system allowed and when the chips were down, you were just as likely to be shot by a police officer as anyone else. I grasped for validation in existentialist literature. Life was meaningless and the world absurd. These were comforting ideas.
>
>
I grew up more during that week my family was trapped in downtown New Orleans than I had the entire twelve years of my life. I watched as streets flooded, trees uprooted, and buildings burned to the ground. Gunshots punctuated the stillness. Each night, I went to sleep hungry, thirsty, and sweating. There were no working toilets, no A/C, no electricity, no showers, no beds. The shelter could only offer paltry rations of one meal each day consisting of bread, cheese cubes, and a single cup of drinkable water. After seven nightmarish days, my family reached Houston as refugees with nothing but the sewage-stained clothes on our backs. Katrina had shattered my faith in humanity and rendered me a cynical, depressed twelve-year-old boy.
 
Changed:
<
<
When I began to inquire why the levees broke and the government’s response was so inadequate, my general discontentment was channeled into a disdain for corruption and cronyism. Local politicians misappropriated public funds for levee reinforcement to bankroll marinas, museums, and riverboat casinos. Federal funding for levee protection was slashed. FEMA was run by Mike Brown—an expert on Arabian horses, who also happened to be buddies with President Bush. Political and moral corruption was rife throughout every level of government and no one was forced to take responsibility for the carnage. When I realized that my suffering and the suffering of so many others could have been prevented, hatred boiled inside my chest. Hatred for men who would allow expediency and personal gain to come at the expense of innocent people. I hated injustice, but what I didn’t realize for nearly a decade was that this hatred was restrained by fear.
>
>
When I began to research why the levees broke and the government’s response was so inadequate, my general discontentment was channeled into a disdain for corruption and cronyism. Local politicians misappropriated funds for levee reinforcement to bankroll marinas and riverboat casinos. Federal funding for levee protection was slashed. FEMA was run by Mike Brown—an expert on Arabian horses, who also happened to be buddies with President Bush. Political and moral corruption was rife throughout every level of government and no one was forced to take responsibility for the carnage. When I realized that my suffering and the suffering of so many others could have been prevented, hatred boiled inside my chest. Hatred for men who would allow expediency and personal gain to come at the expense of innocent people. Hatred for the injustice I had witnessed in Katrina’s wake.
 
Changed:
<
<

Hatred and Fear?

>
>
I hated injustice, but what I didn’t realize for nearly a decade was that this hatred was restrained by fear.

Hatred and Fear

 

Changed:
<
<
One night about a year ago, I was at a bar in the West Village discussing politics with my leftist friend Brit. I was a staunch supporter of Hillary, and he of Bernie. Bernie supported equality and integrity, Brit argued. He wasn’t beholden to banks or special interests, and he fought for economic and social justice. I found Bernie unelectable and his ideas unrealistic. A Sanders presidency would bring turmoil. Hillary may have lacked integrity, but her views were realistic. Hillary was a force for moderation and stability.
>
>
One night about a year ago, I was at a bar in the West Village discussing politics with my leftist friend Brit. I was a staunch supporter of Hillary, and he of Bernie. Bernie supported economic and social justice, Brit argued. He wasn’t beholden to banks or special interests. I found Bernie unelectable and unrealistic. A Sanders presidency would bring turmoil. Hillary may have lacked integrity, but she was pragmatic. Hillary was a force for stability.
 
Changed:
<
<
As we parted ways at the Christopher St. station, Brit encouraged me to read Martin Luther King’s “Letter from Birmingham Jail.” I read the letter as soon as I got home and a chill rushed through me when I reached the passage Brit wanted me to find.
>
>
As we parted ways at the Christopher St. station, Brit encouraged me to read Martin Luther King’s “Letter from Birmingham Jail.” I read it on the subway and a chill rushed through me when I reached the passage Brit wanted me to find.
 
Changed:
<
<
“First, I must confess that over the last few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro's great stumbling block in the stride toward freedom is not the White Citizens Councillor or the Ku Klux Klanner but the white moderate who is more devoted to order than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice…”
>
>
“First, I must confess that over the last few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro's great stumbling block in the stride toward freedom is not the White Citizens Councillor or the Ku Klux Klanner but the white moderate who is more devoted to order than to justice.”
 
Changed:
<
<
I saw myself in Dr. King’s “white moderate” and it disturbed me. To some extent, all human beings crave stability. And yet, I couldn’t shake the feeling that my fear of instability was deepened because I knew what it looked like. I had seen the chaos and violence of instability and I never wanted to see it again. Still, the idea of becoming Dr. King’s archetypal “white moderate” tore at my insides.
>
>
I saw myself in Dr. King’s “white moderate.” My support for Hillary was rooted in my commitment to order over justice. Although all humans crave stability to some extent, my fear of turmoil ran deeper because I knew what it looked like; I had seen the chaos of instability and I never wanted to see it again. Still, the thought of becoming Dr. King’s archetype tore at my insides.
 

Reconciliation?

Changed:
<
<
Is it possible to reconcile a hatred of injustice and a fear of instability? It seems doubtful. To admonish injustice without a willingness to join the fray is to be complicit—a bystander. Like a cancer, injustice can emerge and spread passively. It must be attacked deliberately and unremittingly if one is to have any chance at survival. John Brown fought and died, because he hated injustice. He was not afraid to join the fray. He led the charge. Brown was neither a hero nor a villain, but he did what was necessary. I worry about my own conviction. What am I willing to sacrifice to fight injustice?
>
>
Is it possible to reconcile my hatred of injustice with my fear of instability? Must one be a revolutionary to approach justice?

My dad inspired me to become a lawyer. He’s my best friend, confidant, and hero. After graduating from Tulane Law, he worked for five years on the oil side of maritime personal injury, until he couldn’t sleep at night. “It was hard to ‘get jazzed’ about defending Transocean and BP,” he told me. That’s why he became a plaintiff’s attorney–because “it felt right.”

Safety regulations on oil rigs are scant. It's cheaper to pay for lobbyists and lost limbs than to install precautionary measures. Consequently, many injured offshore workers are not victims of bad luck, but of cold calculation. My dad came to see this clearly, and he abhorred it. His desire to right the wrongs inflicted upon these seamen imbued his work with purpose. And now, thirty years after trying a client’s case, he still answers their calls, attends their family weddings, and cheers at their children’s graduations. These men are like family to him. My dad is not John Brown, nor is he Dr. King, but he doesn’t need to be. He recognized the injustice in his small corner of the world and has worked hard for thirty years to make it better. One need not revolt to make the world a better place.

This summer, I am working at the U.S. Attorney’s Office in New Orleans, and so far, I love it. Last week, I drafted a memorandum that helped prosecute a man who violently abused his girlfriend. This Tuesday, I watched a federal judge convict him. It was an unfamiliar feeling, making things happen using words, but it felt right.

Perhaps I have a future in federal prosecution. Perhaps not. My dad chose maritime personal injury as his arena and his career has shown me that the pursuit of justice is compatible with stability. I don't yet know which front I'll battle on, but I know that my dad’s example and my hatred for injustice will guide me.

 
Deleted:
<
<
My classmates and I have entered law school at a decisive moment in American history. A man who embodies injustice has ascended to power and, like it or not, we have all been drafted. Our numbers have been called and all that remains to be seen is who will heed the call. I do not wish to be a bystander. FDR once said, “Courage is not the absence of fear, but rather the assessment that something else is more important than fear.” I do not believe that I am alone in my fear of the reckoning at hand, nor is this fear unfounded. Injustice is daunting. I am resolved, however, to do what is necessary.
 


JohnHammelStraussFirstEssay 2 - 11 May 2017 - Main.EbenMoglen
Line: 1 to 1
 
META TOPICPARENT name="FirstEssay"
Deleted:
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<
 

Life After Katrina: Approaching Justice

Line: 36 to 35
 My classmates and I have entered law school at a decisive moment in American history. A man who embodies injustice has ascended to power and, like it or not, we have all been drafted. Our numbers have been called and all that remains to be seen is who will heed the call. I do not wish to be a bystander. FDR once said, “Courage is not the absence of fear, but rather the assessment that something else is more important than fear.” I do not believe that I am alone in my fear of the reckoning at hand, nor is this fear unfounded. Injustice is daunting. I am resolved, however, to do what is necessary.
Added:
>
>

But if we take away the rhetoric of the last paragraph, which seems to be intended to show that my statements were somehow received as the answer for you, the draft shows that the answer for you lies elsewhere. I'm not sure how one would transpose King's categories across time, which is why I asked people from the beginning of the course to try that experiment for themselves. John Brown's categories, and Thoreau's, are also not our own.

You want to confront injustice without destroying order. Robert Bolt's version of Thomas More is constructed in that fashion as well, which is why a man of the left such as Bolt considered his More "a man for all seasons." It's a lawyer's way of thinking, isn't it? Not somehow dishonorable, as you imply, because not the form of fighting injustice that extralegalists are inclined to follow, notwithstanding or because of the disorder they imply.

I think the route to the improvement of the draft is the loss of the apology, which seems out of place to me, in favor of the actual outcome of your own experience, which is to receive a call to arms that does not include an effort at revolt.

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.

JohnHammelStraussFirstEssay 1 - 11 Mar 2017 - Main.JohnHammelStrauss
Line: 1 to 1
Added:
>
>
META TOPICPARENT name="FirstEssay"

Life After Katrina: Approaching Justice

-- By Main.JHS - 11 Mar 2017

A death of innocence

When I was 12-years-old, justice seemed phony. I grew up more comfortably than most. By day, I was a student at an idyllic private school; by night, my parents showered me with support and affirmation. I was untouched by despair and injustice, despite living in one of the most iniquitous cities in the country. Then, Katrina changed everything. I grew up more during the week my family was trapped in New Orleans than I had the previous twelve years of my existence. Buildings burned, streets flooded, mobs looted, and gunshots fired. A police officer pointed a machine gun at my head and threatened to shoot. When my family arrived in Houston as refugees, with nothing but the sewage-stained clothes on our backs, I harbored a dismal view of the human condition.

These memories mixed with the onset of teen angst to form a potent cocktail. I had peeked behind the curtain of justice and order and glimpsed mankind’s true nature. Stripped of institutions and structural support, society descended into chaos, and men devolved into animals. The fiction of justice and fairness existed only to the extent that our system allowed and when the chips were down, you were just as likely to be shot by a police officer as anyone else. I grasped for validation in existentialist literature. Life was meaningless and the world absurd. These were comforting ideas.

When I began to inquire why the levees broke and the government’s response was so inadequate, my general discontentment was channeled into a disdain for corruption and cronyism. Local politicians misappropriated public funds for levee reinforcement to bankroll marinas, museums, and riverboat casinos. Federal funding for levee protection was slashed. FEMA was run by Mike Brown—an expert on Arabian horses, who also happened to be buddies with President Bush. Political and moral corruption was rife throughout every level of government and no one was forced to take responsibility for the carnage. When I realized that my suffering and the suffering of so many others could have been prevented, hatred boiled inside my chest. Hatred for men who would allow expediency and personal gain to come at the expense of innocent people. I hated injustice, but what I didn’t realize for nearly a decade was that this hatred was restrained by fear.

Hatred and Fear?

One night about a year ago, I was at a bar in the West Village discussing politics with my leftist friend Brit. I was a staunch supporter of Hillary, and he of Bernie. Bernie supported equality and integrity, Brit argued. He wasn’t beholden to banks or special interests, and he fought for economic and social justice. I found Bernie unelectable and his ideas unrealistic. A Sanders presidency would bring turmoil. Hillary may have lacked integrity, but her views were realistic. Hillary was a force for moderation and stability.

As we parted ways at the Christopher St. station, Brit encouraged me to read Martin Luther King’s “Letter from Birmingham Jail.” I read the letter as soon as I got home and a chill rushed through me when I reached the passage Brit wanted me to find.

“First, I must confess that over the last few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro's great stumbling block in the stride toward freedom is not the White Citizens Councillor or the Ku Klux Klanner but the white moderate who is more devoted to order than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice…”

I saw myself in Dr. King’s “white moderate” and it disturbed me. To some extent, all human beings crave stability. And yet, I couldn’t shake the feeling that my fear of instability was deepened because I knew what it looked like. I had seen the chaos and violence of instability and I never wanted to see it again. Still, the idea of becoming Dr. King’s archetypal “white moderate” tore at my insides.

Reconciliation?

Is it possible to reconcile a hatred of injustice and a fear of instability? It seems doubtful. To admonish injustice without a willingness to join the fray is to be complicit—a bystander. Like a cancer, injustice can emerge and spread passively. It must be attacked deliberately and unremittingly if one is to have any chance at survival. John Brown fought and died, because he hated injustice. He was not afraid to join the fray. He led the charge. Brown was neither a hero nor a villain, but he did what was necessary. I worry about my own conviction. What am I willing to sacrifice to fight injustice?

My classmates and I have entered law school at a decisive moment in American history. A man who embodies injustice has ascended to power and, like it or not, we have all been drafted. Our numbers have been called and all that remains to be seen is who will heed the call. I do not wish to be a bystander. FDR once said, “Courage is not the absence of fear, but rather the assessment that something else is more important than fear.” I do not believe that I am alone in my fear of the reckoning at hand, nor is this fear unfounded. Injustice is daunting. I am resolved, however, to do what is necessary.


You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.


Revision 5r5 - 22 Jun 2017 - 05:09:33 - JohnHammelStrauss
Revision 4r4 - 04 Jun 2017 - 00:43:45 - JohnHammelStrauss
Revision 3r3 - 02 Jun 2017 - 04:29:50 - JohnHammelStrauss
Revision 2r2 - 11 May 2017 - 00:04:54 - EbenMoglen
Revision 1r1 - 11 Mar 2017 - 01:12:51 - JohnHammelStrauss
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