Saturday, March 14, 2009

Law School Hypo


Sometimes in practice we come across situations and cases that really remind me of my law school hypos. Here is one:

Police officers are driving down the street patrolling the neighborhood and see a brown Honda Accord exiting a parking lot. As they later write in their report, because of many stolen Hondas in the surrounding area, they run the vehicle license plate for any pending warrants. The license plate search reveals indeed a pending warrant for the owner. So, they stop the vehicle, ask the driver for ID. While talking to the driver, they also ask for ID from the two passengers for no stated reason. Sure enough one of the passengers also apparently had three outstanding warrants. So, both the driver and the passenger are transported to jail and obviously arrested for warrants. Once they are placed in the holding cell to be booked, an officer observs the driver push an item towards a far corner of the holding cell with her foot. The officer recovers the item which later is confirmed to be rock cocaine. The other defendant (the passenger) is searched incident to her arrest and is found to be carrying three small pieces of rock cocaine hidden in the waistband.

Then law school professor would simply ask to discuss. My concern confronting this fact pattern was whether there was any Fourth Amendment violation.

Possible answer: Yes.

Rationale:
The fundamental principle of the Fourth Amendment is that the individual has reasonable expectation of privacy. Katz. v. U.S. This means, freedom from unreasonable searches and seizures. When the police stop a vehicle, by definition the driver is not free to leave. This is a temporary detention within the meaning of the Fourth Amendment and must comply with the standard laid down in Terry v. Ohio. See Whren v. U.S. In particular, when officers detain in relation to crime and investigation, they must have a "particularized and objective basis for suspecting the particular person stopped of criminal activity." U.S. v. Cortez.

"A detention is reasonable under the Fourth Amendment when the detaining officer can point to specific articulable facts that, considered in the light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity." People v. Souza.

The problem I have with the facts is that there was no particularized and objective basis to believe that the vehicle of the defendant was stolen. The officers wrote in the report in a very general statement that they searched the license plate of the vehicle only because there were a lot of stolen Hondas in that area and that vehicle was a Honda. The very fact that they search the license plate of that vehicle without any articulable suspicion is an intrusion into privacy of that individual. On the other hand, the U.S. Supreme Court has in fact said in one of the cases that you have less expectation of privacy in your car than at home for understandable reasons. But things must be reasonable. Do you expect the police to run your license plate every time they see you driving in the streets?

So, I believe an argument can be made that even though the driver had pending warrants, the stop is not lawful because the officers had no reason to check the license plate of this particular car.

If so, the entire arrest is no longer lawful because of the unlawful detention.

Second, even if they are asking for ID of the driver, what causes them to ask for the ID of the passengers. You can ask for the Identification of driver if stopped for a valid purpose, including traffic stops. But I see no reason to ask also for the ID of the passengers. So, at this point the passenger has the right to challenge the lawfulness of her detention too. What particularized suspicion did officers have when asked for ID from passengers? Are you expecting the police to ask for your ID when you are having a ride in a friend's car? Just think about it.

A lot of these things are instinctively wrong. It requires case by case analysis. But coerciveness of these encounters is apparent. Police exerting authority over people in ways that our Constitution should and cannot endure. That is the whole purpose of the rights. They are not just symbolic written words. They should really function in real life to protect the individual from the police. It is not about the form, but substance. If something is wrong, it cannot be made right. Unfortunately, individuals lose the ability to exercise their rights because these things get approved in courts. They also get used to constant submission to authority of police and cannot imagine anything else. A lot of times, I get blank faces from my clients when I tell them about their rights under the Fourth Amendment, Fifth Amendment, Sixth Amendment. They lose their appreciation of these rights because in the streets the rules are quite different... It is like Ivy Tower and jungles.

The U.S. Supreme Court made these rules for all 'streets', no exceptions!

Sunday, March 8, 2009

Happy International Women's Day!


It is very interesting that this day is not celebrated as a national holiday in the United States. It seems paradoxical that in a country with strong liberal ideals, the International Women's Day does not receive such attention. Well, perhaps it is not that paradoxical. After all, we still have a high degree of sexism. I am still gasping for air after watching what happened to Hillary Clinton under the attacks of virulent sexism. For us, women lawyers, it is still a challenge to practice in courts housed by males as judges and lawyers. Women are still treated paternalistically and for some reason there is still the expectation that they have achieved something not through their brain, but through 'bed' (crudely speaking). Quite too often they are not treated seriously and when they become aggressive, they are punished. Do not tell me anything new, I have been punished many times and many ways. And yes, I have refused to achieve goals through 'bed', believe it or not. That is why, I am a solo practitioner now. Unfortunately, some women have the image of Playboy girls and that sets the expectations of men about everyone else. In some professions such as legal, 'Playboy girl' image is simply out of place. I am sorry, that is the truth. You do not have to lose your femininity by being a lawyer, but there is a certain line...

Human nature does not change from country to country. But it is really ironic that Russia has been celebrating this Day since the beginning of the 20th century, when socialism took its roots there. In fact, this day really is an outspring of socialism and the first major parade on this day happened in Russia. Russia is a country with no liberal democratic institutions and is currently being ruled by a 'dictator', correct? Yet, women do get flowers on this day and do get a national appreciation day. Of course, that is not to say that women have achieved more in Russia. By no means. Yet, symbolism matters and no woman would shy away from recognition and flowers. I call that 'culture.'

Unfortunately, because of the 'culture' in the United States, I always had some difficulties buying flowers for my own professors. For some reason, I felt awkward and afraid that the symbolic gesture would not be acceptable... True enough, sometimes it was not. Very sad. So I stopped buying flowers except for my own Mother.

Happy International Women's Day!

Watch the video on the history behind the Day


Click here for Tamara Gverdtsiteli's Dedication to Women

Thursday, February 26, 2009

Georgia v. Russia


ECHR is hearing the case brought by Georgia against the Russian Federation on April 16, 2009 on various grounds under the European Convention on Human Rights. see here.

The case stems from a specific set of events in 2006-2007 but is highly political in nature given the tense relationship between the two countries, manifested more and more in recent military showdowns. Is international law becoming a tool for political vengeance or is it really the only avenue for justice for minority rights? A smaller nation seeking justice against a bigger and stronger nation? But in world politics is there really such a concept of 'smaller' nation when there are multiple sets of interdependent and highly sophisticated alliances? Is the old flawed maxim 'might is right' relevant when 'might' is measured in many different conflicting ways, such as military, strength of liberal institutions, economy, etc. etc. etc. But is 'just is right' maxim as flawed given the defects and imperfections in administration of justice in national courts as well as international ones. When justice is sought on the international stage draped by heavy curtains of politics enmeshed in violent history and omnipresent nationalism, does prevalence of that 'justice' bring upon desirable results? ... Nothing is perfect and yet true justice demands purity and absolute objectivity. When 'victim' is screaming in pain, the rights of the perpetrator sink unnoticed and suffer incredibly along the way... Balance must be struck lest more injustice, fed and waxed by its own weight...

One thing is certain, lessons can be drawn for all from all these cases... Russia has got a lot of work to do in improving its treatment of minorities inside its borders... Nationalism and xenophobia have reached unacceptable levels in recent years... Regardless of the political background and possible justifications for some of the political events, the end result is simply not to be tolerated...

Thinking along those lines, as I am hopeful and extremely excited to visit ECHR in April and be present at the hearing of this interesting case along with a group of students from Moscow State University.

Saturday, February 7, 2009

50th anniversary of ECHR


At its opening of the new Judicial Year on January 30, 2009 the European Court of Human Rights marked its 50th anniversary.

In his welcoming speech President Costa expressed:

The national courts help us to ensure that States respect the rights guaranteed by the
Convention, demonstrating the importance of domestic remedies and therefore the
principle of subsidiarity; if the Convention is a “living instrument” it is also because
you make it live. International courts show that the existence and expanded role of
numerous international judicial bodies make possible a joint effort to uphold justice
and fundamental rights....

The “resurrection of human rights” which occurred at the end of the 1940s was of
course ideological, but this ideology was ultimately carried forward by an almost
unanimous political wave of enthusiasm. At the United Nations the Universal
Declaration was adopted without a single vote against. It was a revolt (“never again”)
and an aspiration (for peace, justice and freedom).
More recently new threats and a new context have emerged: terrorism, crime (whether
organised or not), different types of trafficking. All this has created tension in public
opinion and in our societies and a tendency to give precedence to order and security.
The influx of clandestine immigrants driven by poverty and despair has an impact on
policies, but has also been accompanied by xenophobia, racism and intolerance, or
contributes to their growth. In the same way the connection which is, sometimes overhastily,
made between certain types of religious belief and violence, or indeed
terrorism, has exacerbated susceptibilities, yet freedom of religion is also a
fundamental human right. This requires dialogue and not insults....

Moreover, the ideology of the protection of rights can no longer rely on the
groundswell of support that carried it forward in the fifties. It has come up against the
difficulties of establishing or maintaining peace, the return of materialism and of
individualism, the extolling of national interests, and more recently the financial and
economic crisis which could force freedoms into second place. Bismarck’s old
expression “Realpolitik” has reappeared and is regularly cited.
The protection of human rights has thus become more fragile, more complex, but does
that mean that it must yield?
My answer is No. On the contrary, I would argue that it is necessary to consolidate
and breathe new life into these rights, to bring about their aggiornamento.
For the full speech

In this speech I sensed the attempts to elaborate on the current state of human rights law and enforcement. Also it was an attempt to briefly delineate the challenges that human rights have been facing in the 21st century world politics... Quite amazing how the age dictates new formulas and new approaches to emulate old and well-settled principles...

Tuesday, February 3, 2009

Life lessons...


Out of life lessons and bitter experiences there comes light and wisdom... Not new to anyone, but it is worth repeating them like mantra every day... Here are some elaborated by me and worth repeating on this blog:

With some exceptions, you are in control of your destiny. You can carve your own reality.

When you find yourself at crossroads, choose the path that leads you to happiness as defined only by you for yourself.

If you are smart, good-looking and successful there will always be those ready to tear you apart, to envy you, mistreat you, attack you and throw bricks at you...

Protect yourself from evil but do not let fear and bitterness distort your inner peace.

Seek and find peace in your soul and try to spread that to your surroundings. Be the angel of love and warmth for people.

Love and give your life to your loved one but remember not to drown in the intensity of your emotion. Be prepared that your heart may break and you may not be loved. Let go. True love is unconditional.

Fight for your love and never lose hope.

Be outspoken and fight for the oppressed, but remember moments when it is best to shut up and let silence and dignity win your way.

Never lose your dignity even if you are desperate.

Dream and make your dreams come true but remember your place and your limitations.

Believe in your high ideals and do not compromise them but be realistic about life and people.

Do not ever allow people walk over you, use you and abuse you, but forgive and forget when they manage to do so.

Be ambitious but remember the fundamentals of life and what you may lose on the way to your goals.

Know yourself and be proud of your accomplishments but do not allow arrogance and vanity overshadow your achievements. The greatest people on Earth never knew how great they were.

If you are stuck on the road and lost, let your star guide you. Never lose faith in yourself.

Do not compete with others. Compete only with yourself and do absolutely your best. Often you are your worst enemy.

Do not expect people to recognize you and place you on your proper place. Mentally know your own place. Be humble and realistic for everything is relative in life.

Remember, human potential is ultimately without limits. Reach your potential by working hard, with integrity and fair play.

Be independent and do not let others control you and distort your originality. But with that search and find your flock, your crowd, and know the great value of teamwork. What you can't accomplish all alone can be easily accomplished by a group of like-minded.

Develop iron will, discipline and strength to meet and endure numerous challenges and misfortunes in life. Rely only on yourself and do not expect help from others.

Put your energy in service for humanity and always remember the weak, the oppressed, the least fortunate, persecuted and accused. Your life will be fulfilled only if you sacrifice yourself for them.

Never lose faith in the humanity. Always hope for better and brighter future...


[Painting by Leonardo da Vinci "Madonna in the Cave."]

Thursday, January 22, 2009

Marching of a New Era...


It has begun... It is not about talking and pointing fingers, but about living it, day after day...

Obama closes Gitmo... Read here

Wednesday, November 26, 2008

November 26


1922, archeologist Howard Carter and his financial backer, Lord Carnarvon, opened the tomb of Tutankhamen (Pharaoh of Egypt 1333–1324 BC.) This was preceded by uncovering a stairway near the tomb of Ramses VI by Carter on November 4, 1922. Excavation of the tomb was continued on November 23 when the excavators encountered the first doorway inscribed with the cartouches of Tutankhamen. A second door was reached on November 26, when Carter peered through a small hole and had the first glimpse of the treasures of Tutankhamen... As he put it later, "When Lord Carnarvon said to me,'Can you see anything?' I replied to him, 'Yes, it is wonderful.'"

Tutankhamen's burial chamber amazingly was left intact for thousands of years-- unusual for similar treasures...

For more on this and Ancient Egypt, read "When the Sun was God" by Zenon Kosidowski...

Tuesday, November 18, 2008

David and Goliath


There is a constant problem in the criminal justice system. The tension between law enforcement and enforcement of whatever civil liberties we have got left... Sometimes I get the fear that these rights are imaginary and have already slipped away because of governmental overreaching and abuse of power... What is left of the Fourth Amendment right against unreasonable searches and seizures when police routinely stop and frisk people in the streets under the auspices of so-called 'consensual encounters' and 'consent?' What is left of Miranda v. Arizona when officers question first, obtain a confession under submission of authority and under excuse of preliminary investigation and then advise of Miranda once the person has already incriminiated himself? What is left of the notion of 'custodial interrogation' when officers think they can ask any questions they want until they place the person under formal arrest? Obviously, they are procuring arrest by means of violating someone's Fifth Amendment rights... My mouth is tired of saying that 'custodial interrogation' is a functional test. Someone may be in 'custody' of the police even without handcuffs and without formal arrest.

Well, on the other side of the pendulum are crime rates, victim's rights and public safety... Of course, most people are intensely afraid of crime and criminals without realizing that we are the ones creating both the crime rate and the criminals. We criminalize everything, our penal code is so outdated that it scares me. Poverty and misery are equated with 'criminal behavior'. Protecting oneself and surviving in ghettoes, for example walking with a knife in a pocket, is equivalent to criminal behavior. Everyone forgets that poverty breeds crime, miserable human existence breeds crime... Who are these imaginary 'criminals?'-- mostly people in dire circumstances, miserable, unhappy, abused, and lonely... Fix the causes, stop obsessing over the effects... Fix the sociological, cultural and political ailments that cause the behavior we have coined 'criminal.' Realize, most of these crimes are not malum in se (innately/morally wrong), but malum prohibitum (statutorily designed to be wrong).

But, most importantly, why do we constantly have to compromise civil liberties in the quest for public safety, crime investigation and justice for victims? Why can't law enforcement work within the parameters and in consort with the rules set up to protect individual's liberties. Are law enforcement needs and protection of civil liberties mutually exclusive and not co-extensive? I portray law enforcement needs as a circle within another circle of individual rights... So, desire to further law enforcement goals cannot take precedence or overshed individual rights because of this scheme of things. Unfortunately, that is far from the case in reality. On a daily basis, individuals have to endure constant overreaching by law enforcement and government in the streets... Once they end up in the court system, this continues because of judges who have an agenda to be 'tough' on crime and who believe their role is to further law enforcement goals and not protect individual's liberty interests...

As a rule, many people who have never been charged with a crime, think that this scheme of things does not affect them whatsoever... I get jurors' blank gazes when I question them about individual liberties during jury selection... They think a 'criminal' is an unusual type of a person, different from them, and therefore, this problem I am describing has no relevance in their lives.... But one thing they do not comprehend: these rights of little mythical David are contra to Goliath, the State, and if the government is allowed to step over these rights protecting this 'criminal', then it will also one day similarly step over other rights, not necessarily involving crime, such as freedom of speech, right to privacy, etc. If you do not push back the government at some point, it will enclose the individual with a wall into a space smaller and smaller with each passing day, month, year, decade... The grip will only get tighter and tigther!

Monday, November 17, 2008

November 17


1558, Queen Mary I, known as Bloody Mary for persecution of Protestants, died of influenza at the age of 42. Elizabeth I became Queen of England.


1917, Auguste Rodin, a great sculptor died...

He reportedly said:

The artist must create a spark before he can make a fire and before art is born, the artist must be ready to be consumed by the fire of his own creation.


I invent nothing, I rediscover.


There are unknown forces in nature; when we give ourselves wholly to her, without reserve, she lends them to us; she shows us these forms, which our watching eyes do not see, which our intelligence does not understand or suspect.

Above Rodin's famous 'Citizens of Calais', 'Balzac' and 'Thinker'...

Tuesday, November 4, 2008

Friday, October 24, 2008

October 24


1945, the United Nations Charter-- the constitution of the United Nations-- was ratified by the five founding members: China, France, Soviet Union, Great Britain and the USA. The United Nations Charter was earlier signed by 50 original member countries, on June 26, 1945.

October 24 came to be known as the United Nations Day.

The United Nation's predecessor, the League of Nations, was formed in 1919... World War II was a major impetus towards further development of the U.N. as a necessary organization for global security and peace...

While many have criticized the U.N. left and right for various reasons, it has played a crucial role in the world arena... Many should remember that international law and international organizations often play a symbolic and 'expressive' role without which there can be no hope for any action or practice... If we can formulate the right aspirations for humanity, then we can also act out on those!

Like every other organization, the U.N. has to rely on its members' willingness and commitment in furthering global goals... Therefore, it is simply wrong to criticize it for any perceived shortcomings when its members fall short in their level of commitment.

Wednesday, October 15, 2008

Whose policies have worked really?

I posted below on the theories of John Maynard Keynes in juxtaposition to those of Adam Smith... Today if we break down and simplify the Democratic and Republican parties' economic/fiscal policies, we can see the followers of Keynes in Democrats and followers of Smith in Republicans... But it is very instructive to view the history and find out more whose policies really worked... The Gilded Age in America that was completely and fully energized by Smith's policies lead to the destruction and the Great Depression... and it was only John Maynard Keynes' policies implemented by Roosevelt that took the country out of that disaster... And this is only one of the many examples in history... Just take a moment to look back... Bill Clinton following the general ethos of liberal Democratic fiscal policies left the Office with a thriving economy, unprecedented budget surplus and the lowest unemployment and inflation rates ever in the U.S. history. How this success story was thrown out of the board in these last 8 years is lamentable...

When the accumulation of wealth is no longer of high social importance, there will be great changes in the code of morals. We shall be able to rid ourselves of many of the pseudo-moral principles which have hag-ridden us for two hundred years, by which we have exalted some of the most distasteful of human qualities into the position of the highest virtues. We shall be able to afford to dare to assess the money-motive at its true value. The love of money as a possession — as distinguished from the love of money as a means to the enjoyments and realities of life — will be recognised for what it is, a somewhat disgusting morbidity, one of those semi-criminal, semi-pathological propensities which one hands over with a shudder to the specialists in mental disease ... But beware! The time for all this is not yet. For at least another hundred years we must pretend to ourselves and to everyone that fair is foul and foul is fair; for foul is useful and fair is not. Avarice and usury and precaution must be our gods for a little longer still. For only they can lead us out of the tunnel of economic necessity into daylight.

[John Maynard Keynes]

Thursday, October 9, 2008

October 9


1967, Ernesto 'Che' Guevara (June 14, 1928 – October 9, 1967), Cuban guerilla leader and left-wing revolutionary, was executed by Bolivian soldiers. Albert Korda took his most famous photograph: that of 'Che' in 1960. The picture, called Guerrillero Heroico above, was not published until 1967, after 'Che's death. It is one of the most reproduced photos in the 20th century. "I remember it as if it were today ... seeing him framed in the viewfinder, with that expression. I am still startled by the impact ... it shakes me so powerfully." [Korda]

1930, pioneer pilot Laura Ingalls (1901 – January 10, 1967) was the first woman to fly across the U.S. with nine stops. The same year she performed 344 loops, setting a women's record...


1989, a Soviet Union newspaper officially confirmed the landing of a UFO in Voronezh... From 1985 thru 1990 the newspapers proliferated with similar stories.

"Many will call me an adventurer-- and that I am, only one of a different sort: one of those who risks his skin to prove his platitudes." ['Che' Guevara]

Monday, October 6, 2008

Rehearsed lines and eye winks...


I suppose, nowadays, rehearsed lines, eye winks and a charming smile will get you to the VP post... Was comparing Hillary Clinton with Sarah Palin and it was the difference between day and night. Palin came to the debate with a script and answered not the questions posed to her but what she planned to answer... Ditched so many important questions with a charming smile, absolute lack of genuineness... Showed remarkable confidence despite remarkable lack of knowledge about important political issues. She has got no clue, that is all I can say! While she is passionate, her passion is translated into stubbornness too many times and her face sometimes shows inner insecurity and hysteria... It is simply inconceivable and absurd that she could in fact be the second to the President, so close to the highest post! Huh.

Very sad and pathetic... Try to compare her with Hillary... for women out there who are upset with Hillary-Obama race, do not make the mistake if you know what I mean...

Wednesday, October 1, 2008

October 1


1964, Japanese high-speed passenger train Shinkansen went into service, just in time for the Summer Olympics in Tokyo. The exciting train carried passengers from Tokyo to Osaka in a record of 4 hours, traveling at a speed of 200 miles per hour. The line was extended and now the network serves all of Japan's major cities. The Japanese developed an even faster one, known today as Maglev. The train reaches up to speed of 361 miles per hour!

Talk about public transportation and lack thereof in California! Amtrak and Metrolink are falling apart. Recently out of real curiosity I took Greyhound for a 100 mile travel-- what was a 2 hour ride turned into a whole day travail, waiting in line to get on the bus, and then being in a bus that traveled at a snail's pace! My goodness, we have come so far as to travel in outer space, but not far enough to have decent means of transportation, besides our oil-driven trash box cars. When I moved to California from Moscow, I was appalled with the fact that the buses and trains were used by the poorest of the poor and not having a car was equivalent to a major disability because public transportation was not reliable...

And no one will dare to deny the effects of this on air quality and global warming...

Sunday, September 28, 2008

'No way, no how, no McCain'


November, 2004... The American people made a mistake, reelecting Bush to the second term by a popular vote. The politics of fear prevailed. I gasped for air and wanted to scream in pain. A dear friend said, 'Never lose hope.' But the 4 long years went by very slowly and in great agony... The 8 years left an irremediable mark on the American history and world politics. Things that the next generations will be paying a heavy price for years and decades to come.

Yet, now we have McCain as the messenger of Bush, propagating continuation of those same 8 years, same mentality, same policies and politics of fear. Watching the debate the other night, lost all and any respect for John McCain. Insulting Obama, came with an indolent and arrogant behavior. Constantly boasting about his record and looking at Obama as a 'child' who does not understand or know anything... So rude and disrespectful. Sounded and acted very much like Bush debating with Gore and Kerry. Most importantly, all his ideology and vision have been proven wrong, wrong, wrong all these 8 years and even before...

Meanwhile, Obama displayed great self-control, self-reserve and statesmanship. Displayed enormous hidden power with his calm behavior. We, Hillary supporters, were so reckless in 'attacking' him so much and finding 'perceived' weaknesses in him... He has got none. This is a man with great power and decency. First and foremost, he has got the answer for all troublesome questions besieging this country... Will people be able to set aside their racial prejudices and judge him by the content of his character, and not by the color of his skin? Can America stand by its liberal principles and give a chance to this man who deserves it all? That is the question.

Do you love your country? Set aside your fears, open your eyes, and see the reality... We cannot afford repeating the mistakes of the past! Simply cannot! 'No way, no how, no McCain!'

Friday, September 26, 2008

Cycles of history and historian's puzzles


I have posted on my blog about how history gets repeated with amazing regularity here.

March 5, 1946, Fulton, Missouri, Winston Churchill made his historic speech "Iron Curtain", a precursor of the ensuing Cold War. here

September 18, 2008, Washington DC, German Marshall Fund, Condoleezza Rice has made her speech on US-Russian Relations, a precursor of yet another open 'War' between the two countries. here

Puzzling and disconcerting...

Wednesday, September 24, 2008

September 24


1996, the U.S., Russia and other nuclear powers signed a treaty to stop testing and development of nuclear weapons, including underground blasts. America had conducted 1,030 tests since 1945.

At the signing, then UN Secretary General Boutros Boutros Ghali said, "This treaty should reinforce international resolve to achieve a world free of the nuclear arms race, a world free of all nuclear weapons." here

Still an aspiration when those who have them are clinging to them even stronger and are improving their capabilities, and those who do not have them work hard to get them!

Tuesday, September 23, 2008

Time for change...


When you go to the polls this November, think not about yourself, but about all those others that your decision may affect today and tomorrow... Look at those at the bottom of the economic ladder and whose livelihood has sunk to the lowest. The vast numbers of the poor and homeless, destitute and desolate, those who have become beggars and are surviving on the margins... Forgotten and unheard of... Invisible and oppressed. Disadvantaged and in misery...

It reminds me of the Great Depression era. In his wonderful book that encapsulated that era, "Grapes of Wrath" John Steinbeck wrote:

In the souls of the people the grapes of wrath are filling and growing heavy, growing heavy for the vintage.
Chapter 25

How can you frighten a man whose hunger is not only in his own cramped stomach but in the wretched bellies of his children? You can't scare him--he has known a fear beyond every other. Chapter 19

And the great owners, who must lose their land in an upheaval, the great owners with access to history, with eyes to read history and to know the great fact: when property accumulates in too few hands it is taken away. And that companion fact: when a majority of the people are hungry and cold they will take by force what they need. And the little screaming fact that sounds through all history: repression works only to strengthen and knit the repressed.
Chapter 19

They's a time of change, an' when that comes, dyin' is a piece of all dyin', and bearin' is a piece of all bearin', an' bearin' an' dyin' is two pieces of the same thing. An' then things ain't so lonely anymore. An' then a hurt don't hurt so bad. Chapter 18


Time for change?!

How much more we do not know...


In the post below, referencing the BBC radio show, Professor Sunder has pointed her finger to the lack of attention to non-Western cultural and artistic heritage. Her criticism is really on point, because in the world-known famous art museums all we see is Western art... Many other problems flow from this, including lack of knowledge in the West as to how people in other parts of the world live and breathe. Then when it comes to analyzing the 'clash of civilizations' people in the West have a very limited and constricted empirical framework to begin with.

Here are some modern Indian art paintings by Archana Santra.

When Desireless went to India, her impressions lead her to the hit 'Voyage Voyage'.