Categories
Just Shelley

Walker Evans: I am a Writer

I am not a Walker Evans expert, but from my recent readings about him, I sensed there were three significant events in his life that shaped the man, and subsequently, the photographs we’ve come to cherish.

One of the events I briefly mentioned in the last Walker Evans writing, and that was his search for a particular style of photography. Rejecting the existing photographic styles of the time– which either disregarded the strengths of the camera in favor of artificially created scenes, or sought to tug emotion from the viewer–Evans sat in a library looking through all 50 issues of the photographic journal, Camera Work until finding what he was looking for: Paul Strand’s photograph of a blind woman, shown below.

strand_blind.jpg

In this picture, Evans saw an uncompromising realism unfettered by any emotional hooks. There was no attempt to make the woman into something either to be admired or pitied; nor was there an attempt to make a ‘pretty’ picture, or a noble one. Combined, this realism and lack of emotionality formed the basis for Evans’ own style of photography: unsentimental, realistic, and unstaged. In other words: objective.

A search for objective truth in art wasn’t unique to Evans–many of the creative people of that time shared this philosophy about their work. But objectivity was almost an obsession with Evans, and we can trace the roots of this to his upbringing and the second pivotal event in his life: the separation of his parents when he was in his teens.

Evans came from a relatively affluent family, and his father was a prominent marketing and advertising man, a profession Evans was later to term one of the bastard professions. His mother was from a wealthy family and liked nothing more than to be a figure in society.

Evans had a relatively happy childhood until they moved from his home near Chicago to Ohio when his father got a new job. It was in Ohio that his father began an affair and subsequently left his mother. Evans, already lonely from the loss of his childhood friends was left confused and unsure, and the previously outgoing boy began to draw inwards, away from his contentious family.

His mother, whose world was drastically upset, begin to live vicariously through her children, determined that they were going to have happy, prosperous lives (with her a central part in each). She was, in many ways, an outwardly sentimental woman, but at the same time, she was not demonstrative or terribly affectionate.

Within the Evans family, before and after the separation, sentiment was both an artificial promise and a means to an end. Through his father, Evans saw sentiment used as a tool to lure people into buying a product or service: after all, what better way to build a successful advertising campaign than to incorporate images of cute babies, small puppies, and happy American families. From his mother, Evans perceived sentiment woven into a complex fabric consisting partially of denied security and affection, a great deal of manipulative guilt, and even some frustrated sexuality.

Though it’s not as fashionable to lay praise for a person on their early childhood experiences, it’s difficult to deny the impact Evans’ parent’s separation, and their behavior both before and after, had on his search for both objectivity, and anonymity, in his work.

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To get a better understanding of Evans’ objectivity, compare his photographs of sharecroppers during the Great Depression with those of another very famous photographer of the time: Margaret Bourke-White.

A month before James Agee and Walker Evans took off on their trip that would result in the book, Now Let Us Praise Famous Men, Bourke-White took off for similar reasons with the well-known writer, Erksine Caldwell.

Margaret Bourke-White was not a person who waited for a photograph to happen. Whenever they arrived at a potential scene, she would direct the people, telling them not only where to stand but what type of emotion to display on their faces. From Belinda Rathbone’s biography of Walker Evans:

White relied on Caldwell to guide her to the people she wanted to photograph, but once there she went to work “like a motion picture director”, remembered Caldwell, telling people where to sit, where to stand, and waiting for a look of worry or despair to cross their faces. Under her direction, passive, weatherbeaten, and cross-eyed sharecroppers were turned into characters in a play, playing themselves.

Bourke-White even went so far as to arrange objects in a scene, for which she was scolded by her co-author (and husband), Caldwell. Unusual behavior considering the following quote:

I feel that utter truth is essential,” Bourke-White said of her work, “and to get that truth may take a lot of searching and long hours

peddler.jpg

Bourke-White would enter churches during services and start taking pictures, once going so far as to climb in through a window one time when she found the door locked during a service.

Evans, on the other hand, was reluctant to intrude. Rather than ask to enter a church, he would take photos of the outside. He wouldn’t touch any objects within a scene, and when taking pictures of people, he would allow them to pose themselves, or he would wait to take the picture until their initial stiffness from being in front of the camera wore off.

More importantly, he refused to make the people into objects of pity, which, after all, would imply sentimentality. If Bourke-White’s photos inspired one to want to change the fate of the people, Evans inspired no such humanitarian impulses. One never feels guilt, when looking at an Evans’ photo. Or pity, or humor, or desire. All one feels is interest, admiration, sometimes astonishment…and a little envy, but that doesn’t arise from the subject.

walker2.jpg

So what was the third event that was so significant in Evans life? Well, in actuality it was a non-event.

When Evans was a young man, he convinced his family to send him to Paris to study the language and literature. At that time, photography was only a hobby for him, he wanted to be a writer. And there was no better time for an aspiring writer to be in Paris, with the likes Ernest Hemingway, T. S. Eliot, Dorothy Parker, Ezra Pound, and someone whom Evans admired above all others, James Joyce, living there.

Evans would hang out at the bookshop where Joyce would appear every day, watching other young men and women seek Joyce’s company, to shake his hand and try to engage him in conversation–an impossible task with the monosyllabic Joyce. The shop owner offered an introduction between Evans and Joyce, but Evans shied away from his chance to meet his hero, something that he’d talk about for many years into the future.

When Evans returned to New York at the end of the year, photography gradually overcame his interest in writing, inspired in part, I believe, by James Joyce. After all, what could Evans write that had not been written by others such as Joyce? And how could he shine in a field as luminous as this? All those who write experience these moments of doubt when we read another’s writing that is so brilliant that we are left feeling humbled and inadequate. Humility, not to mention being second, third, or even tenth best, is not something that Evans would have lived with, comfortably.

But the camera, the camera now, was fresh territory. And with the camera, he could grab his quick sketches of life, in pictures rather than words. Whatever interest he had in writing could not be sustained alongside his growing passion for photography.

Evans would later say:

Oh yes, I was a passionate photographer, and for a while somewhat guiltily, because I thought that this is a substitute for something else, well for writing, for one thing. But I got very engaged and I was compulsive about it too. It was a real drive. Particularly when the lighting was right. You couldn’t keep me in.

I can agree with Evans, that photography can quickly become a substitute for writing. One image can so easily convey information that may take thousands of words to do, and less eloquently.

A few weeks ago, when I started digging more deeply into Walker Evans’ life, I was asked by a magazine to provide a portfolio of photos, including any better quality digital ones. I asked Charles, a photographer who has worked with magazines in the past to give me advice on printing the photos, which he was very generous to provide. He also shared with me anecdotal stories about photography students preparing their portfolios, each professionally printed and bound

But I looked at my little digital images, all of them at 72 DPI, and my slides, and my nice, but not great inkjet printer and asked myself, “What the hell are you doing, Shelley?” just about the same time I read, …I was a passionate photographer, and for a while somewhat guiltily, because I thought that this is a substitute for something else—well for writing, for one thing….

And it is thankfully, and with relief that I gave up the nonsense about being a stock photographer for magazines, or an art photographer, or any kind of professional photographer, and return to what I love: writing. Because I am a writer.

Categories
Documents Legal, Laws, and Regs

Don’t Mess with one of the E-Discovery Triumvirate

I dabble more than a little in the legal world, but that’s OK, because the legal world dabbles quite heavily in the world of technology. Nowadays, metadata is the smoking gun in court, and e-discovery is the ballistics test that uncovers it.

The concept of e-discovery, or electronic discovery is simple: it is the discovery, identification, and production of electronically stored information (ESI). However, the execution can be involved, complex, and frequently contentious.

Take for example something seemingly simple and benign: the keyword search. If you and I want to find out about something online, we open up Google or Bing and type in some words, such as “e-discovery keyword search”. We typically get back a ton of links, in order of relevancy. We pick and choose from among the links to find what we need. Rarely do we have to go beyond the first few pages to get the information or resources we’re looking for.

In a legal case, though, what keywords are used can trigger a conference between parties, and even hearings with the judge. If there’s too much material produced, both parties may want to refine the keywords; too little material produced, and the parties may question what keywords were used, or whether the use of keywords is even useful.

In a white paper titled Where Angels Fear to Tread: The Problems of Keyword Search in E-Discovery (pdf), the author notes:

The heavy reliance on keyword search in e-discovery places an enormous burden on today’s legal teams. Inconsistencies in language, inefficiencies in search techniques and software user interfaces, which conceal more than reveal, place the attorney in a difficult position: determining what is relevant in a compressed timeline using obsolete tools and tactics. These outdated tools are a key factor behind the spiraling costs and risks associated with e-discovery.

There’s an entire science devoted to keyword searches within the legal community. As for other metadata, oh my goodness, let’s not even get started.

The use of e-discovery was an important component of the Ringling Brothers/animal welfare group Endangered Species Act case (now titled “AWI et al v. Feld Entertainment”). It has continued as an important component of the fees allocation process for this same case.

In a decision that is both unusual and controversial, the judge in the case, Judge Emmet Sullivan, decided that the animal welfare groups should pay attorney fees to Feld Entertainment for the 9+ year court case. After many months, Feld’s lawyers submitted their fee request in a set of filings spanning thousands of pages. (See my copy of the case history, starting with docket number 635.) Not only is the $25 million dollar (and change) fee request large, it’s also been provided in a not useful format: PDF documents with manual redactions, and color coding (example).

The animal welfare groups asked for something a little more useful:

The Fee Petition, which spans at least four-and-a-half four-inch binders, includes nearly two thousand pages of time records and invoices as well as numerous other Excel spreadsheets and tables. The time records and invoices, accounting tens of thousands of attorney and staff hours, are so voluminous that FEI’s paid experts were unwilling to review them. Plaintiffs, unfortunately, do not have the luxury of limiting their review of the time records and invoices to a determination that the “time entries provide level of detail . . . that is typical of appropriate block billing practice,” as Mr. Millian did, see D.I. 664 at 18, or to review only a supposedly “representative sample of litigation activities” limited to three brief periods of time, as Mr. Cohen did, see D.I. 663 at 11-12.5 Rather, Plaintiffs and their experts must scrutinize all of the hours that Feld now seeks to pass on to them.

As Feld’s experts make clear, and as Plaintiffs’ counsel explained to counsel for Feld, this is not a task that can be accomplished by reading the PDF versions of spreadsheets and invoices that Feld included in the Fee petition. It can only be accomplished via computer assisted analysis of the underlying time records using a program such as Microsoft Excel, which will allow Plaintiffs’ counsel and/or experts to (i) sort the data, (ii) perform complex searches within the data, and (iii) mathematically compare time entries across (for example) timekeepers, law firms, and parties to the litigation.

There is no commercially available computer program that can take a PDF of an Excel spreadsheet, much less a PDF of actual invoices, and generate a functioning spreadsheet containing the underlying data. Accordingly, the only way Plaintiffs could independently recreate the time records of Feld’s counsel would be to manually reenter tens of thousands of rows of numbers and text, a process that would take even highly-experienced data entry personnel hundreds to thousands of hours. It would be patently unfair to require Plaintiffs to undertake such an effort to recreate data that Feld’s counsel already have at their fingertips. Moreover, because an analysis of Feld’s billed time is one of the first steps needed to craft Plaintiffs’ response to the Fee Petition, requiring Plaintiffs to replicate Feld’s time records would inject months of needless delay into the fee application process, in addition to creating needless, and substantial, additional expense.

Feld’s lawyer’s response begins with:

Plaintiffs’ second request is for FEI to re-create all of the time entries for Fulbright (JS Ex. 31 and 32), Covington (EG Ex. 1), and Troutman Sanders (“Troutman”) (CA Ex. 2) in
sortable Excel spreadsheets because Plaintiffs say they want to “sort the data” and “perform complex searches.” Mot. at 6-8. These requests should be denied because: (1) the documents do not exist in sortable Excel format, (2) Excel format would not protect FEI’s privilege redactions that Plaintiffs cannot and do not challenge; (3) Excel format would not reflect the color-coding of the exhibits; and (4) FEI is not obligated to undertake the time, effort, and expense of creating new documents, to Plaintiffs’ specifications. It is not necessary for Plaintiffs’ response to the Fee Petition, and if they want to have such charts, they can create them themselves. JS Ex. 32, EG Ex. 1, and CA Ex. 2. These exhibits contain the time entries that were sent as part of invoices to FEI, and were produced to Plaintiffs in .pdf files, which is the same format in which they were sent to the client (or in some cases, the invoices were sent to the client in paper, in which case FEI provided a .pdf to Plaintiffs). The invoices do not, nor have they ever, existed in a sortable Excel format – a fact that FEI’s counsel represented to Plaintiffs. While the .pdf files are not sortable, however, they are word-searchable, as any Adobe document is. But as Plaintiffs themselves argue, there “is no commercially available computer program that can take …. a PDF of actual invoices, and generate a functioning spreadsheet containing the underlying data.” Mot. at 7. So Plaintiffs demand the creation of a document that does not exist, which is a requirement that is non-existent even within normal Rule 26 discovery on the merits of a case, let alone once the case has concluded and is in the final phase of assessing legal fees for frivolous and vexatious litigation.

The legal document goes on for several more pages, with the lawyers expressing increasing umbrage at the animal welfare groups’ request.

If the sheer volume of words and the level of outrage were any influence, a judge might be moved to side with Feld’s lawyer, John Simpson, from Norton Rose Fulbright. But the judge handling the fee allocation, Magistrate Judge John Facciola, isn’t just any judge. He’s one of three judges respectfully known as the e-discovery triumvirate—three men known far and wide for their expertise related to e-discovery.

And Judge Facciola was just a tad skeptical about Feld’s lawyers lamentations:

To that end, I will hold a one day evidentiary hearing, at which I expect knowledgeable representatives, such as billing database managers, from 1) Fulbright, 2) Covington, and 3) Troutman Sanders to be prepared to demonstrate the billing software used during their representation of FEI in the instant action. I also expect the representatives to be prepared to testify to the following issues:

1. Explain and demonstrate live (e.g. not in a PowerPoint presentation but in the actual database) how, within their particular software program(s), an individual timekeeper
makes an entry; what is recorded in that entry; how that entry is saved; who reviews that entry; how that entry is edited or altered for privileges or in an exercise of billing discretion; how that altered entry is saved; and finally, in what format the final bill is sent to the client.

2. Explain why that data saved within their particular software program(s) is NOT, through the use of commercially available software, capable of being converted into a sortable Excel-compatible delimited value spreadsheet format such as comma-separated value (CSV).

3. Explain why, if there exists data that was only saved in a .PDF format, it is NOT, through the use of commercially available software, capable of being converted into a sortable Excel-compatible delimited value spreadsheet format such as comma-separated value (CSV).

A noticeably subdued response indicated that the entries in Excel spreadsheet format would be forthcoming.

Categories
Books JavaScript

JavaScript, not a ‘real language’

Simon St. Laurent and I have been discussing that exciting upcoming conference, DHTMLConf.

Party like golden sparkles following the mouse cursor is cool again!

If you’re going to JSFest, how can you not go to DHTMLConf? This is a conference celebrating a time when all of the technologies we take so seriously now, were fun!

Simon is going, and is taking along a copy of his old Dynamic HTML book he managed to find. That made me dig around online for anything on my old books, including my Dynamic HTML book (1998), as well as my earlier (1996) JavaScript How-To.

I had to laugh when I saw the marketing blurb attached to the JavaScript How-To book at Amazon:

JavaScript is the ultimate in web eye-candy. It is not a real programming language such as Java, and it isn’t really essential for web site development, but it sure is a lot of fun for tinkerers.

Categories
Documents Political Web

Eclectically yours #1

Once Google Reader bit the dust I made my move to Feedly, and I’m quite happy with the change. I especially like the search feature incorporated in the Pro version of Feedly. Since I follow several court cases, and the only “notification” the federal PACER system provides is an RSS feed of every court docket entry, being able to search on key terms ensures I don’t miss a filing.

Speaking of Feedly…

Food Safety News reports that a coalition of consumer groups interested in food safety are gunning for two amendments to the House Farm Bill. The one I’m most interested in is the infamous Steve King amendment titled the “Protect Interstate Commerce Act”. This amendment would start a race for the bottom when it comes to animal welfare laws, food quality, and food safety laws. The King amendment would basically allow one state’s agricultural law to override another, more restrictive law. In other words, King wants to force Iowa’s crappy agricultural laws on to the rest of the country.

It’s one of the worst amendments attached to any bill in more modern times, from a man who is infamous for bad legislation focused on supporting his big agribusiness contributors and little else. What’s surprising is how many Tea Party Congressional members voted for the amendment, as these supposedly “states rights” types are voting for a bill that undermines states rights.

Remember pink slime? There’s a hearing in December related to a motion to dismiss by ABC News and the other defendants. The story contains a link to a copy of the motion to dismiss, but I couldn’t find one for the memorandum, which is the interesting part. However, I’m assuming it’s similar (if not identical) to the one filed with a similar motion in the federal court. Food Liability Law Blog provided a copy of this document. BPI’s response at the time was to refer to its memorandum in support of its motion to remand back to the South Dakota state court.

The pink slime case started in South Dakota, moved to the federal court system, and then back to the state court. I hate it when a court case gets moved back to a state court, because most states don’t have an easily accessible document system. PACER is pricey, but at least you can easily access most documents.

Speaking of documents, California’s effort to get a case management system online has failed, and now the tech companies are circling, like vultures over a particularly juicy carcass, over new contracts to build a system.

They are scrambling for a mother lode of multimillion-dollar contracts for software and licensing, vast additional sums for upkeep, and the right to set up a toll booth on Court Road for 38 million people.

I’m all for private contracting of court systems, though I think the states would do better to share expertise with each other when it comes to implementation. My biggest concern, though, is system privatization: hiring companies to run the systems, as well as develop them.

Privatization of court systems is, in my opinion, wrong, wrong, wrong. Not only does privatization add to the expense of an already outrageously expensive legal system, they inhibit easy access to the documents. Instead of paying a fee such as ten cents a document page, like you do with PACER, it may cost you several dollars to access even the smallest document.

Still, some court document access is better than nothing, which is what you have with most state courts.

Categories
Documents Legal, Laws, and Regs

Following the Track of a foodborne killer: Jenson Farms 404(b) notice

Attorney Bill Marler is providing a copy of the 404(b) Notice for the Jenson brothers criminal trial.

If you’re not familiar with this case, the Jenson brothers were charged with introducing adulterated cantaloupes into interstate commerce. The cantaloupes, contaminated with the deadly Listeria monocytogenes, eventually killed 33 people and hospitalized 147 others. It’s one of the worst foodborne illness outbreak in modern times in the US.

The 404(b) Notice is a way of ensuring no gotchas in the criminal case by providing the defendants the state’s evidence ahead of the trial.

I’m not normally interested in criminal cases, but I am interested in food safety. The document is a fascinating, albeit sad and frightening, tracing of a killer as pernicious as a serial murderer, and ultimately more dangerous than terrorism. It also does raise questions as to why the third-party auditor was also not charged, for complicity, by providing a passing grade for the Jenson Brothers packing operation. I imagine, though, the responsibility for the alleged action ultimately resides on those who controlled the process: the Jenson brothers.

Appreciations to Bill Marler for providing access to this document.