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Editor's note: This is the issue you've been waiting for -- our limited collector's edition swimsuit issue!! We figure if The National Geographic can have a "swimsuit issue" -- see National Geographic Swimsuit Issue -- so can we. Therefore, it is with pleasure and not a little pride that we present BurtLaw's Law And Everything Else Collector's Edition Swimsuit Issue.
We believe this is the first swimsuit issue in the history of weblogging or blogging, certainly the first in the history of law blogging or blawging, of which this blog/zine is one of the pioneers. Indeed, it may be the first such issue of any legal publication in the history of Anglo-American law, nay, in the history of law! Because we don't want to overburden our web server, we're only going to post this baby for just a few days -- i.e., for the benefit of our regular loyal readers, not the hoi polloi. It thus truly is not just a run-of-the-mill collector's edition but a limited one, a rare one that undoubtedly (particularly since we charge nothing for it) will increase in value as the years go by. (BRH 02.20.2003)...Keep shoulders back, [wear a] big smile and always make eye contact with each judge. You can be a little more relaxed with swimsuit [than when wearing an evening gown] but stay very poised. A judge can see everything in a swimsuit...[including] the way you stop and turn, the way you position your feet, and even your self esteem. I like to see taupe shoes with solid color swimsuits. I do take into consideration how the suit fits but I focus on how you carry yourself in the swimsuit. Does it show that you are comfortable?
Advice from judge's perspective by Stacey Whittington, cosmetologist & pageant coach. (More)
on his old California surfer shorts and ride the waves with Frankie and Annette and other old castmates in the beach movies in which he starred in the early '60's, he knew that as President it would be, as he put it, "wrong to do so." And so we have in our memories the reassuring image of the President, walking alone on the beach in tasteful dress suit pants and cordovan dress shoes, artfully "dressed down" by means of a manly and Presidential windbreaker. Professional Nixon-haters, of course, made fun of him for dressing that way on the beach, suggesting that he was afraid to be seen in a bathing suit. But they were the ones who were wrong, as everyone knew who'd seen the Dickster in those old beach movies. In fact, using objective criteria, I can't think of any President, excepting Ronald Reagan and perhaps Abraham Lincoln, who was more at home and more manly-looking in a swimsuit. This was borne out after President Nixon left office, when it was once again appropriate for him not only to don a swimsuit at the beach but to pose in it. See, e.g., this news report from the Honolulu Star-Bulletin of 04.22.1993:Guess who spent a few days in relative anonymity at the Halekulani? None other than former President Richard Nixon, stopping over on his way back from a tour of Asia during which he visited five cities in China. Nixon enjoyed a swim in the ocean -- no more of this strolling along the beach in a suit -- and chatted with people on the beach. An aide told hotel security chief Sidney Kimhan, "This is the most relaxed he's been on this trip." Though the visit was supposed to be completely confidential, the relaxed Nixon happily posed for photos with guests and hotel staffers. Before departing, the former president thanked the staff by saying he's stayed at the finest hotels around the world and considered the Halekulani "a great, a special hotel because of its people."
Wading through miles of red tape, men finally won the right in 1937 to hang their swimsuit tops on a hanger and go down to the sea in trunks. In the summer of 1936, the no-shirt movement was a hot issue -- hotter, in fact, than the perennial fuss about female undress. The United Press reported that topless men were banned from the beaches of Atlantic City because the city fathers wanted "no gorillas on our beaches." Cleveland held out for men's trunks covering the navel. Galveston insisted on tops for men's suits, "but no special regulations concerning color or style of garment worn by women." The situation was so unstable that beach travelers found it prudent to consult updates on swimwear regulations across the country.
Lena Lencek, Gideon Bosker, The Beach: The History of Paradise on Earth 213 (1998).
to "cover" chimps, etc. It has been argued, at least rhetorically, by some folks that most citizens are "chimps." If they are, does it follow, as the night follows the day, that chimps therefore are entitled to citizenship? H.L. Mencken deflated this argument somewhat: he opined that while most citizens aren't chimps, many or most politicians are. If most politicians are chimps, then at least the law might recognize that chimps may run for public office, thereby legitimizing existing practice. Animal rights lawyers advocating chimp rights, many of whom are "pro-choice" on the abortion rights issue, are keeping their fingers crossed that abortion-rights advocates won't point out the irony of arguing that while a human fetus is not a "person," a chimp is one. I'm more concerned about dogs than chimps. I believe that if any animal gets rights, it should be the domesticated dog, especially the Australian shepherd. But let's not rush into this. I'm not sure I want Mathilda threatening me with a lawsuit if I faill to take her on her daily walk. And, speaking for her, I'm not sure she will want the responsibilities and expectations that go with citizenship. I doubt she'd want to be told to wear a bathing suit at the beach. Then again, if dogs can run around in public naked, as we know they can, is it fair that female homo sapiens can't?In the human rights tradition of laws passed to end the descrimination of African-Americans, women, the handicapped, etc., this law will now make it possible for those blessed with a natural beauty and attractiveness to no longer be passed over for positions in the workplace simply because of the vain jealousies and/or concentration-destroying fears of potential co-workers or superiors. All places of employment that employ at least 15 people will now be obligated to have on the payroll a percentage of swimsuit models and/or centerfolds that is comparable to the ratio demanded for other groups covered by current affirmative action policies. No longer will superficial physical standards take a backseat to other systems of rating employees.
When judging you must not be swayed by any consideration, except by the relative merit of the dog in front of you. You have but one duty: to judge the dogs. Forget the handlers, and forget what [shows] the dogs have won previously. Place the dogs as you think they should stand, never mind if the winner belongs to your best friend or your worst enemy. Disregard the fact that you won under one of the exhibitors last week, and that another is judging at the next show. Be completely selfish - please yourself and simply judge the dogs and safeguard your reputation. That is the only way to gain respect from your peers.
But there are differences in recommended techniques between dog show judging, on the one hand, and swimsuit pageant judging and common law judging, on the other hand. Horner says, "Use a 'hands on' approach to properly evaluate a dog's structure." I believe he is speaking literally. Common-law judges, whether judging swimsuit pageants or contested cases, may use only a figurative, not a literal, "hands on" approach. (BRH 02.19.2003)
Undoubtedly, a judge's wearing nothing but a swimsuit in the courtroom would be deemed to not only demean the judiciary but cause disrespect for the judiciary and interfere with the administration of justice. This is so despite the fact that some of the greatest artistic representations depict Justice as a scantily-clad (and blind) woman and Law as a scantily-clad (and all-seeing?) man. For example, there are two huge statues in the Great Hall of the Department of Justice in Washington, D.C., one titled "Spirit of Justice," a woman whose flimsy toga-like garment reveals a bare breast slightly larger than 34B, the other titled "Majesty of Law," of a man whose main reproductive organ, presumably of large size (this being America), is covered by a cloth not much larger than a towel typically worn by an old retired judge sitting with his poker buddies in a communal Turkish bath. That Justices Ruth Bader Ginsberg and Clarence Thomas could not get by wearing this sort of garb in the courtroom of the Supreme Court without being said by some to have demeaned the judiciary is made manifest by the fact that last year our fundamentalist Attorney General, John Ashcroft, ordered the statues draped in blue cloth, at a cost of $8,000? Why cover them? To prevent the taking and publication of more embarrassing photos of him like the one at right. More (USA Today 01.29.2002) Q - May a judge wear a swimsuit at a law clerks-hosted picnic?
A - No and yes. A judge may wear a swimsuit if swimming is a scheduled part of the event but only while in the pool (or lake or other body of water). Upon emerging from the pool, said judge must don a cover-up if he or she wished to loll around the pool (or beach) area. Before leaving the pool (or beach) area, said judge must change, in a same-gender changing room, into regular street clothes (no shorts).
![]() Q - May a judge wear a swimsuit extrajudicially -- i.e., on occasions other than, e.g., a law clerks-hosted or bar-association sponsored picnic?
A - It depends. Obviously, a judge may wear a swimsuit a) to sun bathe on the curtilage of his or her own family residence or to swim in his or her private family pool and b) to swim at a private or public pool or beach. However, a judge may not wear a swimsuit in any other setting if to be seen or photographed wearing a suit in that other setting might demean or cause disrespect for the judiciary.
Q - What sort of swimwear is appropriate?
A - It depends. Under no circumstances may a female judge wear a bikini, string bikini or thong-type swimsuit or a male judge wear a skimpy European-style swimsuit in any public setting anywhere within the judge's jurisdiction. Since a judge's wearing in public of an inappropriate swimsuit may form the basis for discipline, it is recommended that, to be safe rather than sorry, a female judge wear either a Lands End 1950's-style tunic suit (depicted upper left) or one of the new Sharia swimsuits (depicted lower right), i.e., the sort of suit an observant Muslim woman, or perhaps the wife of Attorney General Ashcroft, might be safe in wearing. In conservative Muslim societies, "many women have until now either had to sit on one side or go into the water in their clothes," much as Roman Catholic nuns were once said to be required to shower in their habits. Now, thanks to this recent trend-setting design ("a high-necked, swimming costume with sleeves and a small skirt, to be worn over long trousers"), Muslim women can swim in style and relative freedom. More (BBC). Just as a Muslim woman ought to be properly covered when swimming in public, we like to think that many female judges will turn to the appropriately-black Sharia swimsuit, which is judicially tasteful and flowing, indeed respect-inducing, much like a judge's robe.
What may a male judge wear? As I said, on the negative side, no skimpy European-style swimsuits. On the positive side, why not a solid black pair of surfer shorts?Q - That's within the judge's jurisdiction. How about outside the jurisdiction, e.g., at an out-of-state judicial conference?
A - I sometimes wonder if some (oh, just a few) judges look upon judicial conferences as "moral holidays," a kind of "Judicial Mardi Gras." My main objection to these conferences is as a taxpayer, not as finger-wagging moralist. I don't think taxpayers should be paying for legitimate judicial conferences or the other kind, vacations illegitimately disguised as conferences, whether at conference centers, luxury resorts, low-budget resorts, hot-sheet motels or elsewhere. Given the necessary restrictions on judges' wearing of swimsuits within their jurisdictions, Judging is a passive activity that requires a great deal of what Freud and Jung referred to as "repression" of normal human nature. Judges aren't supposed to say what they really think. They're not only not supposed to do bad things, they're not supposed to do anything that might conceivably even just look bad, like wearing arguably inappropriate swimwear within their jurisdictions. In other words, they're not supposed to have fun. Norwegians, either genetically or through long practice, are good at not having fun and therefore make good judges. But most people aren't. The average person can repress his or her true self for only so long before that which is repressed seeks alternative forms of expression -- sometimes as "symptoms," sometimes, I suppose, even as wild behavior at judicial conferences.
Q - What are you saying?
A - A modest proposal: not only should we perhaps be a tad more understanding and forgiving of judges caught behaving badly -- perhaps we should actually declare an official once-a-year Judicial Mardi Gras, when all judges everywhere, at their own expense, can leave their jurisdictions and fly to Rio for a few days and "let it all hang out," metaphorically and literally speaking. If they violate the law there in Rio & get caught, they pay the consequences there. But if they make it back to the states in time for Monday morning court, they're "home free," at least as far as the matter of official judicial discipline goes. If they get caught with their tops or bottoms down in a Judges Gone Wild video sold on late-night TV, well, the thing itself (and any consequences on election day) should be deemed punishment enough.
Q - Any other ideas?
A - Yes, a variant on the idea of a Judicial Mardi Gras. The various judges' associations, perhaps with the cooperation of bar associations, big law firms, would arrange with the travel and vacation bureau of a Carribbean island to designate the island as a "safe haven" for judges. The program would be modeled after that adopted by St. Paul, Minnesota, in the 1920's, when it was "notorious as a safe haven for gangsters." Burt Wolf (Salon, 07.12.2000) described the St. Paul program as follows:
At the time, the chief of the St. Paul Police Department was John "the Big Guy" O'Connor. His brother, Richard "the Cardinal" O'Connor, was an alderman and the head of the St. Paul Democratic Party. They decided that it was not fiscally responsible to spend city money on catching gangsters. So they came up with what they called "The O'Connor Layover System." Crooks who came to St. Paul and abided by three simple rules would not be arrested; extradition papers from other police departments would mysteriously get lost and the FBI would not be informed. The three rules were: 1) Do not commit any crimes within the city limits of St. Paul. Go over to Minneapolis all you want; we do not care. 2) Give a little kickback to the policeman's fund. 3) Check in and tell us where you're staying so we can call and warn you of any trouble. The system was very effective. In fact, the good citizens of St. Paul were so safe that if a purse snatcher stole from someone, the gangsters would take care of him.
I like to think a similar program would work for the judiciary. Judges, of course, would pay their own way there. Once there they would be free to wear any kind of swimsuit they wanted without risk of violating "the Code." Moreover, in keeping with the notion of gender fairness and equality, female judges would be allowed to frolic in the sand or by the pool topless, a right male judges in America have enjoyed since 1937.
Announcement. We've finally gotten around to launching our new webzine/blawg: BurtLaw's The Daily Judge:
It is not an online newspaper and is not affiliated with or intended to be mistaken for any existing or previously-existing newspaper or journal. Rather, it is a so-called "blawg," a law-related personal "web log" or "blog," one with a subjective, idiosyncratic, and eccentric sociological and social-psychological slant that focuses not on the latest judicial decisions of supposed great importance but on a) the institution of judge in the United States and in other countries throughout the world, b) the judicial office and role, c) judicial personalities, d) the great common law tradition of judging as practiced here and throughout the world, e) judges as judges, f) judges as ordinary people with the usual mix of virtues and flaws, etc. We link to newspapers and other sources in order to alert the reader to ideas, articles, stories, speeches, law books, literary works and other things about "judges" that have interested us and that may interest the reader.
We don't promote our blawgs, but readers of this blog and of our affiliated political opinion blog, BurtonHanson.Com, may be interested in it. We don't think there is another blawg quite like it.
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