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way back,
on april 9th 2005, i attended one of peter yu’s many excellent conferences: “w(h)ither the
middleman?”
it was a
fun event, packed with many of cyberlaw’s rockstars.
i was on
the last panel of day two, looking at ‘the future of intermediaries’ along with
a great line-up that included ann bartow, rob heverly, dan hunter and david
post.
for me,
the most inspiring of the talks during the two day event was the one given by
ann. she took the question posed in the conference title seriously, choosing to
remove the bracketed-h and explaining why gender equality requires us to wither the ‘man’ in the middle. the publication deriving from this talk is
available here,
and i highly recommend it as an important diagnostic and prescription for the
way we use (and don’t use) the web.
in her
talk, ann provided some possible explanations for why there is not very much
legal scholarship devoted to gender issues on the internet and suggested that
there is a powerful need for cyberprofs and activists to pay substantially more
attention to the gender-based differences in communicative style and substance
that have been imported from real space to cyberspace.
ann also shared
a number of examples of gender discrimination online and off, including
experiences of her own upon her arrival to usc, including her first meeting
with a senior male colleague who greeted her with a question: ‘why should the faculty have hired a woman
instead of a man to teach ip?’
she told
us that it has since gotten a bit easier, that over time she was able to ‘flip’
this guy (i.e., he came to recognize her contribution to the faculty
and her field and he eased-up a little once she was able to ‘prove herself’).
during
the discussion period on our panel – when asked what could be done about all
this – ann replied by saying it-would-be-a-great-start
if male colleagues would simply add a gender component within the fields of
research that they are already conducting.
i
remember dan hunter and others promising that they would. i made a similar
promise to myself. while it has taken a lot longer than i had hoped to ramp up
my research and although it is still very early in my project, i am happy to
finally report to ann and the others in attendance that i have met the
challenge.
in
furtherance of my own recent work on the relationship between ‘identifiers’ and
‘identity’ (part of my idtrail project), last
wednesday, i gave a presentation at uOttawa’s shirley
greenberg feminist lunch time workshop series titled “new identifiers for victims of
abuse”.
unfortunately,
my talk was more of a description of the project than a finished research
product.
if you
are interested, the podcast is available here and the powerpoint
deck is here.
this post
is really just to offer my sincere thanks to ann for ‘flipping’ me, and also to
challenge dan hunter, greg latowska, and other men who promised they would meet
ann’s challenge — as well as all of the other men on this list who didn’t know
about ann’s challenge — to flip-it-forward!
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many
people have written to tell me that they recognize the presence of elements of
gaudi’s park guell as one of
the motifs that runs through my site and some have asked why.
in addition
to the fact that it is one of my favorite places and a reminder of one of the
best years of my life, the main reason is because gaudi inspires me.
taking
cues from nature, gaudi’s work is perhaps unsurpassed in its seamless
combination of beauty and function. every single scrap of trencadis is a disassembled assembly of
meaning, purpose and aesthetic.
the
undulating benches on the banner by my website (etched into my memory thanks to
the stunning photography of my wife erin)
twist-n-shout around the perimeter of the esplanade. the public square is
a rather grand space about 160 feet by 120 feet and a great place to digest a
sandwich and watch an impromptu soccer match or yoga session . half of it
is supported by solid ground, the other half is supported on the doric columns
of the hypostyle chamber below. some say that these vibrant and colorful
benches take the form of a snake basking in the mediterranean sun, but the greek theater, as the area it
circumscribes is sometimes called, is also designed so that people can sit
around in groups and kibitz.
another
reason for choosing this setting as the backdrop for this site are the two
delicious ironies of park guell.
first,
although it bears the english name for a “public space,” which it certainly is
now, this “park” was in fact commissioned by a rich industrialist named
guell, with the vision of building a walled-off neighborhood (not unlike the
gated communities popping up left and right across north america).
gaudí's original plan was supposed to include 60 private houses in an exclusive
garden setting but only two were built: one of which now houses a small Gaudí
museum. ironically, this private space was subsequently purchased by the city
of Barcelona
and can be enjoyed by the public. [a metaphor for the future of DRM?!]
outside
the small museum, a plaque indicates that gaudí lived there for the last 20
years of his life but this wasn’t really so. in fact, he spent the last 10
years of his life camped out at la
sagrada familia,
conceptualizing the mosaic spires for what already is and will upon completion
surely be one of the world’s most amazing structures (it is still being built
and is not likely to be completed for another 20 years)
la
sagrada familia
had by this time become gaudi’s single-minded obsession. so possessed by its
every detail was he that gaudi allowed his personal lifestyle to suffer extreme
neglect. his clothing, it is said, was in the end held together only by pins.
he continued his fund rasing efforts by panhandling in the streets. by
this time he considered himself one among the poor. he no longer sought
exclusivity or fortune.
though he
was celebrated for several decades as Catalunia’s most renowned architect, not
a single person recognized him in 1926 when, at the age of 74, he was run over
by a tram and died three days later. the second bit of irony here is that gaudi
made the mistake of supporting guell’s bid to ensure the exclusivity of park guell by making sure that the
public tram did not come anywhere near the park. it is said that after
years of trying to keep it away, the tram struck back. [thus proving that the
answer to "the answer to the machine" is *also* in the machine]
if you visit barcelona, another story
that you will hear the locals tell is about a well known interaction that gaudi
had with one of the bishops of the church who, after seeing gaudi obsess in
painful detail about execution in the designs of one of his spires, asked him:
“why do you lavish so
much care on the top part of these spires, which, tens of stories above the
tallest structures no one will ever be able to see from up close?”
gaudi answered: "the angels will see them."
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because we’re
here. roll the bones
seriously though, why have a
website? why blog?
in answering this, i am instantly
reminded of a lovely passage belonging to nietzsche (para 93 of the gay science):
"But then why do
you write?" A: I am not one of those who
think with a quill in hand, much less one of those who abandon themselves to
their passions right before the open inkwell, sitting on their chair and staring
at the paper. I am annoyed and ashamed by all writing; to me writing is nature's
call -- to speak of it even in simile is repugnant to me. B: But why, then, do
you write? A: Well, my friend, I say this in confidence: until now I have found
no other means of getting rid of my thoughts. --B: And why do you want to get
rid of them? --A: Why do I want to? Do I want to? I have to. --B: Enough!
Enough!
in what could almost be described as an existential crisis, i have been asking myself
why/whether to host a personal website for exactly the same amount of time that i have been sitting on iankerr.ca. i registered the site
right around the first bong of the new millennium; it has taken me
six years to execute. when i bought the domain, i had no clue why or what i
would use it for. i confess that i mostly did it so that no one else would
cybersquat. (i already lost the dot-com to that pesky photographer). it comes as no surprise, then, that my plans for a full blown
website moved slowly and went through several iterations. remember back in 2000
how big-a-deal flash was? one of
my former students, ryan singh, made me a totally wicked flash-based site with
looping iankerr drum fills and lots of pizzazz. it was great to look at (though,
as we learned about flash animation in general, not over and over and over
again!). but the site had no point.
inspired by my friend michael geist (who basically said: "just do it.
its purpose will emerge."), i eventually clarified my position on a
number of items:
- overpopulation. to carry on from nietzsche, there is
already too much warm excrement populating cyberspace. if i was to further
proliferate, i had to promise myself that i would not radiate more heat than
light!
- audience. am i writing for me or other? even
if you get past the idea that people might actually want to read your work –
would they *really* want to
tune-in to read *my* work on a
regular basis? i settled on an answer that worked for me. i would
build my site with the aim of further engaging my students and for people
already interested in my academic research outputs. up till recently, i have
been using yahoo! groups and my university website, both of which suck big
time! with my own website, i knew i could get rid of all the cheesy advertising, the clunky look and
feel, and could promise my visitors a privacy policy that actually worked in
their favour. my site could do a better job delivering-up my immediate goals:
teaching pedagogy and access to knowledge. although i hope to say meaningful
stuff from time to time on topics about which i have some expertise or
experience or to express things on my mind, i will generally leave it to my pals
in the US legal academy to play the
pundits.
- tone. my
teaching style is informal but my writing style is (usually) formal. which
should it be for the website? given my immediate goals, i am opting for an
informal tone.
- regularity vs insight. too many of the posts that i see
online these days read like they are there to fulfill some daily quota. i have
decided to post only when i have something meaningful to say. sure, it risks
inattention but i am not doing this to seek attention. (hmm, really?!)
enough pontificating. its time to get out there and rock, and roll the bones. so welcome to my site. i
hope it serves its purposes.
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