New APPS

Art, Politics, Philosophy, Science. Mostly Philosophy.

recent posts

about

    • Federal Circuit on Disparaging Trademarks: “The Slants”

      by Gordon Hull

      An important trademark and First Amendment case was decided in the Federal Circuit yesterday. In it, the Court ruled in favor of Simon Tam, who named his band “The Slants.” When he attempted to register the band name as a trademark, the Patent and Trademark Office (PTO) rejected the mark as “disparaging,” arguing that the First Amendment does not allow government to disfavor speech that it disapproves of the message it contains. Per the Court:

      “The government cannot refuse to register disparaging marks because it disapproves of the expressive messages conveyed by the marks. It cannot refuse to register marks because it concludes that such marks will be disparaging to others. The government regulation at issue amounts to viewpoint discrimination, and under the strict scrutiny review appropriate for government regulation of message or viewpoint, we conclude that the disparagement proscription of § 2(a) is unconstitutional. Because the government has offered no legitimate interests justifying § 2(a), we conclude that it would also be unconstitutional under the intermediate scrutiny traditionally applied to regulation of the commercial aspects of speech.”

      The Court thus rules that the PTO needs to allow the mark to be registered (for a quick blogpost, see here). A lot of people think this case has ramifications for whether the Washington "Redskins" should be allowed to keep their trademark registrations (they were canceled by the 4th Circuit; the Washington Post has a long list of rejected marks here). The conflict between the circuits raises the odds of Supreme Court review.  I wrote about the Redskins case when it came out, and a lot of what I said there applies here. In that post, I expressed some support for the PTO, because I wonder if the case shouldn’t be framed as viewpoint discrimination so much as whether one has a constitutionally protected right to a government subsidy for speech that it does not endorse.  But it's not a comfortable road to travel, as I based my argument on abortion cases, Rust v Sullivan in particular, that I wish were decided the other way.

      (more…)

    • Is Ancient Greek Philosophy “Western?”

      by Gordon Hull

      In their critique of Foucault that accompanies their translation of his writings on Iran, Janet Afary and Kevin Anderson accuse Foucault of a certain Orientalism: “indeed, similar to a passionate Romantic, Foucault may have exoticized and admired the East from afar, while remaining a Westerner in his own life” (17). Evidence for this charge is not too hard to find; the most striking may be his assertion in History of Sexuality I that non-Western societies practiced an ars erotica but not a scientia sexualis. In the context of Iran, Foucault’s self-qualification that he’s read “three books” on Shi’ism doesn’t inspire confidence in the person who claims that genealogy requires a “relentless erudition.”

      But then there’s this: “in an unusual turn, however, Foucault’s ‘orient’ seems to include the Greco-Roman world as well as the modern Eastern one, since the contrast he draws is primarily between tradition and modernity rather than East and West as such” (Afary and Anderson,18).

      (more…)

    • Celebrating women in philosophy at UC Davis and elsewhere

      For NewAPPSThis evening I had an opportunity to get together with the other women in my philosophy department at UC Davis, and it caused me to reflect on how far we have come – when I joined the department in 2006, I was the only woman.  Elaine Landry (front center) joined in 2008, followed by Marina Oshana (back right) in 2009.  We stayed that while for awhile, until a recent spate of hires gave us Tina Rulli (front left) in 2014 and Zoe Drayson (back center) and Alyssa Ney (front right) starting just this fall.  We are now 6 full-time women faculty out of 15!  So, I just wanted to take this moment to celebrate, hoping that others have similar stories to tell and that they will share them here.  Please do!

    • Bless Me Fitbit, for I have sinned…

      By Gordon Hull

      Since we’re in the interregnum between “sign up for health insurance” time and “eat yourself into a stupor” time, it’s appropriate to notice something about pastoral power and our healthcare system. First, we’ll go back in time. Foucault proposes that pastoral power under medieval Christianity:

      “Gave rise to an art of conducting, directing, leading, guiding, taking in hand, and manipulating men, an art of monitoring them and urging them on step by step, an art with the function of taking charge of men collectively and individually throughout their life and every moment of their existence.” (Security, Territory, Population (=STP), 165)

      He then urges that this is not the same as political power, the power used to educate children, nor is it persuasion (“in short, the pastorate does not coincide with politics, pedagogy, or rhetoric” (164)). The pastorate does not disappear with the rise of modern power forms, as he emphasizes in a couple of places (STP 148, 150). Indeed, he makes a much stronger claim: “I think this is where we should look for the origin, the point of formation, of crystallization, the embryonic point of the governmentality whose entry into politics … marks the threshold of the modern state” (165).

      (more…)

    • An ISIS Communique For Our Times

      From: Abu Bakr Al-Baghdadi

      To: All Jihadi Brothers

      In the Name of Allah, the Most Gracious, the Most Merciful.

      My warriors, after Paris, much work remains to be done. But we have many new recruits. They are infidels, but they have to come to our aid, they will do our work with us. They will ensure that the Caliphate will find new capitals, that it will spread from sea to shining sea. They will turn upon the Muslims in their midst, the devout, and the apostates, those Muslims who–for whatever reason–do not grow their beards, whose women do not cover their heads, whose children do not memorize the Koran, who do not pray five times a day, who study in schools where the Koran is not taught, who do not fast in the holy month, who pledge allegiance to infidel flags. They will turn back refugees from their shores; they will prosecute their own citizens. They will drive them back into our fold.  We shall welcome those who show contrition for their desertion; for the rest, apostasy means death.

      Every attack we launch upon the infidel West shows its tenuous hold on its  precious civil liberties, their freedoms that we supposedly covet. One attack on the Great Satan was enough to make it torture, spy upon its citizens, kill many Muslim brothers, and entrap yet others through perverse law-enforcement schemes. A few more artfully placed and timed attacks and we will bring the residents of these dens of fornication and perversity to their knees. In this task, we will be aided, as we already are, by those who continue to disenfranchise their own citizens and commit to oblivion their own esteemed moral, legal, and political principles. They continue to kill our innocent brothers and sisters and their children from the sky; they continue to imprison Muslim brothers without trial, scorning their own precious legal parchments from which the words 'due process' have so easily been scrubbed.

      Between the anvil of the New Crusaders and the hammer of our armies, the apostates, those who left Muslim lands and vainly sought a better life elsewhere–believing foolishly in the propaganda and lies of secular written constitutions with their pathetic Bill of Rights, and in mock-revolutionary declarations of liberty, equality, and fraternity–will be crushed. They will find no new homes; they will be turned back from the shores that were to welcome them. Those Muslims who imagined they could  live in peaceful co-existence with infidels will find that there will be no such peace for them. They will be blamed for our work; they will be punished for it. Among them, we will find yet more soldiers.

      Truly it is by Allah's Grace that those who imagine themselves the New Crusaders are instead our Jihadi brothers. Such is Allah's Infinite Wisdom that our enemies become our soldiers.  They speak of waging war against us but first they will wage war against themselves. They are termites who nibble at their own foundations; we need only direct them from afar.

      Allah is Great. Victory will be ours. Welcome the New Crusaders.

      Note: This post was originally published–under the same title–at samirchopra.com.

    • On Not Celebrating Steven Salaita’s Settlement With The University Of Illinois

      By: Samir Chopra

      I cannot bring myself to celebrate the news of Steven Salaita's settlement with the University of Illinois at Urbana Champaign (UIUC). The reasons for this are fairly straightforward–as noted in a petition now circulating: the crucial legal issues at the heart of his dismissal remain unresolved, and his job has not been reinstated.

      (more…)

    • Steven Salaita Settles with UIUC

      As is being widely reported, Steven Salaita has settled with UIUC, which has agreed to pay him $875,000 (some of which will resolve his legal fees). The press release from the Center for Constitutional Rights, which has represented Prof. Salaita, is here.  A bit more detail about the trustees' meeting where the settlement was approved can be found here. 

      Prof. Salaita has not been reappointed to the faculty at UIUC as a result of this settlement. This is certainly disappointing, especially for his supporters at UIUC. But  in assessing the significance of this outcome, it should be borne in mind that it is apparently rare, even when cases reach a litigated conclusion, for judges to force employers to reinstate employees who have been wrongfully terminated. The fact that Prof. Salaita has received significant compensation does constitute, then, as his attorney points out, "an implicit admission of the strength of Professor Salaita’s constitutional and contractual claims."

      We should, and I certainly do, offer Prof Salaita congratulations for the vindication he has received and thank him for being willing to fight for a number of principles that are of great importance to all of us working and studying in the academy. I also think it is important to acknowledge the many faculty at UIUC who have supported Prof. Salaita, borne the burden of the academic boycott, and all too often seen their departments and programs suffer significant retaliation. One would certainly hope that, as part of UIUC's efforts to have the AAUP censure lifted, it will move to ameliorate the damage that has been done to its departments and programs, especially the American Indian Studies program. 

      Finally, for those who have questions regarding the status of the philosophers' boycott in light of this settlement, John Protevi has made the following suggestion, which I endorse:  

      While I was not in any sense the "director" or what have you of the philosopher's boycott, I was a catalyst, so I think I should say something here. 

      Unfortunately, there was some inconsistency in my statements: the letter sent to UIUC and BOT officials said "until Professor Salaita is reinstated" whereas many of the blog posts which alerted people to the boycott effort said "until an equitable resolution is reached." On reflection the latter standard seems the right one to me, but people should make up their own minds here.

      Update:  Kirk Sanders, Chair of the Department of Philosophy at UIUC, has released a statement regarding the Boycott, which you can read here. 

      Update 2: There is a statement calling on the AAUP not to lift its censure of UIUC until some of the problems at the institution which remain unaddressed by the settlement are resolved. Those interested in signing may add their names here. 

      Update 3: Salaita himself has a long piece in The Nation, reflecting both on the significance of this settlement and articulating his sense of what remains to be done at UIUC, throughout the larger academic institution, and in the broader political sphere. 

      Update 4: Corey Robin posts a useful corrective to those inclined to see something wrong with Salaita's decision to settle the case—which, again, I wholeheartedly endorse. 

    • Marco Rubio And The Philosophy Of Welding

      By: Samir Chopra

      Many years ago, I taught the inaugural edition of my Philosophy of Welding seminar. I began the semester by introducing some of the problems that would hold our attention during the semester: What is welding? How is it distinguished from other activities that claim to be welding? Is there a distinctive being-in-the-world characteristic of the welder and his tools? What makes a welded work beautiful? How should such works be shared? In the political economy of welding how is value created and sustained? Do we have a moral obligation to weld? And so on.

      My reading list for the class was not excessively ambitious: I stuck to some of the usual suspects–Heidegger and some of the works of the Shipyard Collective, for instance–and concentrated on a few key passages in each, hoping close attention to them would repay dividends in the form of rich class discussion. Early in the semester, I began to notice that one young student did the readings diligently, came to class prepared, and engaged vigorously in all ensuing discussions.

      This was no idle interest; no lofty, disengaged, from-on-high tackling of philosophical problems. This young man was in the trenches, on a mission. And it was quite clear what it was: defending–nay, aggressively speaking up for–welding and welders. He had air-tight definitions for welding: necessary and sufficient conditions for it neatly marked its domain off from the impostors clamoring to be let in; he offered an at-times-almost-mystical description of the relationship of the welder to the welded (and the tools that mediated that relationship); he spoke movingly of the affective responses that welded works provoked in him, deftly bringing in Kantian notions of the sublime; he offered a creative theory for how welded works could be copyrighted and welders granted patents for their work; he described the outlines of a political economy for welding that would allow welding to continue to generate surplus value in a world increasingly dominated by the intangible and the immaterial; and most movingly of all, he offered a passionate, stirring, argument whose fascinating conclusion was that we have a duty to weld, a moral inclination that must be obeyed.

      It was on this last point that we passionately disagreed. Even though I recognized the importance of welding, I could not bring myself to accept this argument. Surely, one could assign a respectable position to welding in our hierarchy of valued activities without taking the final move to make our engagement something that acquired normative weight. But this young man would not budge. Welding, as an activity, had normative implications; it gave our lives meaning and value; it was the tide that would raise all boats. It was not the cement of the universe, but it was the tool that brought the fabric of space-time together.

      By semester's close, our disagreements had grown sharper. When it ended, it was clear I had lost my student. My failure–and the rest of the class'–to accept and internalize his arguments seemed to have turned him off philosophy altogether. I do not know what had so animated his passion for welding, but it was clear and distinct, an important motivational force in his psychological dispositions.

      Last night, I saw that young man again. Marco Rubio is now a presidential candidate for the US, and his passion for welding has not diminished one bit. And neither has his disdain for philosophers.

      Note: This post was originally published–under the same title–at samirchopra.com

    • On Throwing Contingent Faculty Under the Bus (again)

      Several folks in last night's Republican presidential debate, including Marco Rubio, apparently decided to use philosophy as a foil for some of their typically ridiculous claims about education. In response, lots of people are citing an average salary for people working as professional philosophers — sometimes attributed to the Bureau of Labor Statistics — north of 70k, much more than 'welders.'

      I would like to take this opportunity to ask folks to think about what they're doing.  I am, and the rest of you should be, extremely dubious of statistics saying folks working as academic philosophers are making $70k on average. There is, to be blunt, no way such numbers —if they are being correctly reported — are being arrived at without massively undercounting continent faculty working at multiple schools, all technically 'part time,' and almost surely making 'welder' salaries or less. None.

      At very least, let's not gleefully paper over the economic reality of many members of the profession just to score points against grandstanding right wing politicians. That would be to continue one of the worst patterns of the current academy, namely that of throwing many of us, and the most vulnerable of us, under the bus in order to reinforce the narrative that there isn't a problem with the economics of our profession — a position which is flatly wrong and only serves the interests of the most privileged subset of professional academics.

    • New Paper on Juridical and Biopower and School Desegregation Cases

      by Gordon Hull

      This is shameless self-promotion, but I've just posted "Equitable Biopolitics: What Federal School Desegregation Cases Can Teach us about Foucault, Law and Biopower" to SSRN.  This is my SPEP paper from 2014, and I've referenced it in a few blog posts here.  So here it (finally!) is.  The abstract is:

      The present paper looks at the intersection of juridical and biopower in the U.S. Supreme Court’s school desegregation cases. These cases generally deploy “equitable relief” as a relay between the juridicially-specified injury of segregation and the biopolitical mandates of integration. This strategy is evident in the line of cases running from Brown to Swann v. Mecklenburg, and has its antecedents in pre-war economic regulation. Later cases have attempted to close this relay, confining equality and rejecting claims of equitable relief. Study of the school desegregation cases thus both shows an example of the intersection of biopower and law (which has been difficult on Foucauldian grounds), as an example of the biopolitical race war that Foucault identifies in Society must be Defended.