NihonLinks News from James Miller

Techlaw Insights in Japanese and English from James Miller

The tone of his partner was incredulous. In the seven years that Sam O’Reiley had known Tom, he had never known him to lie, or cheat or steal. Except for the fact of Tom’s incarceration, Sam had no reason to think Tom could commit the slightest act of naughtiness. Sam also had never known Tom to enter a plea of not-guilty on behalf of his clients. In fact, no client Tom had ever represented had ever plead innocent to a crime. Tom had a way of sniffing around the slightest hint of indulgent talk to find the truth of a matter. However, for most of his clients Tom needed nothing more than a cool logical intellect to discern guilt. Knowledge of a client’s guilt would not under most circumstances move an attorney to seemingly throw in the towel and plead for the mercy of the court. Tom had the uncanny ability to get help for clients, in the process of inculpating them. Seemingly iron-clad judges and prosecutors would bend to the generally reasonable demands he would make. To be sure, his clients paid a debt to society, but they often avoided the hell that was life as a repeat offender. He could negotiate psychiatric assistance from prison in exchange for the hardest labor. He could place clients in prisons where race relations would not require clients to sell their soul to the closest gang for protection. He knew the system well. Surely he crawled his way out of his past life by exploiting it.

Not many a convicted rapist can find a law school that will admit him. Nor can a menace to society, even a reformed one, easily find admittance to the practice of law. Tom did however, by exploiting ever kind grace, and sense of higher liberal principle. Of course, his quid pro quo was to be the defense of innocently charged criminal defendants. Things did not quite work out as some had planned. Rather than vigorously defending defendants innocence, he seemed to be interested in proffering only so much reasoned argument prepare for a plea. No doubt plea-bargains were common place but Tom seemed to working for the other side. In the end, his clients were always pleased with the outcome, five-years out (the average sentence). Hard and fast was Tom’s way. The liberal bar didn’t like him. They felt he’d sold them out, or betrayed his convictions. Afterall, here was the man who had ridden the goodwill of many supporters to become famous declaring his innocence and attacking the legitimacy of a criminal justice system that ignored race only so far as it targeted for it.

Tom declared his sanity to Sam. He also claimed to be true to his convictions. He was waiting for the innocent victim to come along–his pyrrhic champion. He would wait no longer.

Sam had shared much with Tom over the seven years he’d known him. When they started out together as young public defenders, the only thing they shared was the same last name. Tom had finished school at a barely accredited state school, after scraping to finish a undergraduate degree from an equally regarded local school.

Sam’s upbringing was quite different. A wealthy suburban kid who did well in school, he enjoyed a seemingly effortless rise to a top law school, well greased by expensive tutors, prep-courses, and the occasional nudge from his influential father. Sam’s love of the law was a matter of breeding. That certainly didn’t limit his ability. He was an impeccable attorney–wasting his talent in his father’s heated opinion. Nevertheless, his only significant fault was he didn’t remember much of his undergraduate studies from all the drinking–a habit not completely shed.

Tom’s exposure to learning was very different. During his eleven years in prison, he had kept himself busy reading everything he could find. It had paid off. In the twelve years since he had left prison, he had risen to become one of the most savvy criminal attorneys in the state. It was only too ironic that twelve years prior to that he stood in a courtroom for his sentencing.

Today was a special day for Tom. He explained the facts of the case to his partner, ignoring the subtle clues of Sam’s other interest in Tom. Tom sold a story of police wrongdoing, prosecutorial discretion abused, and an innocent boy at the wrong place at the wrong time. The story was a convincing one. It was told with the same passion Tom always conveyed. There was something different from all the other stories Sam had heard. Somehow he didn’t believe it. It didn’t seem right.

Tom continued. Eventually, Sam was convinced that the case was a likely win. He was comfortable with Tom arguing for the client’s innocence. Something didn’t seem right though. Sam left the room somehow confused by the meeting.

Tom was silent. He stared out the window. He was finally ready to tell another story. A story of a boy who was also at the wrong place at the wrong time–a long time ago. This boy however was not right in the head. He was mixed up. He’d had too many things happen to him to be a friendly dinner date. The story Tom didn’t tell Sam would have been a short one. He would have set the scene in a bar, and closed in a bathroom. The story would not have been pleasant, but it was a story Sam deserved to hear. It was a story Tom should have told alot of people long ago. It was a story that would end properly with a judge announcing a single word at its close, “guilty.”

It was not a story Tom would consider telling again. In fact, he had to run to catch up with Sam to explain that they would have a new story to tell about their current client. That story alone would end honestly with the client’s soft uttering, “guilty.”

今年の「父の日」は、近所の友人にヒンズー教の神社へ誘われて、異文化の差を感じながら、改めて家庭を大切にしたいという気持ちを抱きました。

ヒンズー教の集まりへ参加するのは、初めてでした。インド出身の人がほとんどで、女性は色鮮やかなサリーという伝統衣装の姿が多くて、男性は、インドの暑苦しい夏に最適なうすい綿の洋服の人が多かったです。神社へ入った瞬間は、衣服と神社の飾りのカラフルな雰囲気が印象的でした。

礼拝が始まると、伝統楽器のタブラ太鼓やエレクトーンから音がアンプ付で大量に流れ出しました。最初は、音があんまりに大きかったため、一緒に連れて行った娘のことを心配しましたが、インドの特徴的なパーカッションの振動に揺れだして、ヒンディで歌いだす人の声になんらかの安らぎを感じ出しました。なれない言葉の詠唱をしばらく聞いていると突然止まったことに驚きましたが、途中でのポーズに全然違和感も感じないような、リズムによくのって音楽が止まって、グルの説教が始まりました。

グルの説教は最初から、父親であることについて、様々なストーリーを中心にした家族にとっての父の存在や、父としての役割を考えさせるような話に集中しました。友人は説教が30分で終わるようなことを言っていましたので、その時間を過ぎてきてから、私は引越しの準備などの仕事が家で待っていることが心に浮かび、すこし集中しにくくなりました。しかし、それでも思い出に残るような話が多かったです。以前、聞いたことがあるストーリーは多かったですが、話のもって行き方やちょっとした言い回しの違いで新鮮に聞こえて、こころまで響きます。

まずは、金箔の紙を破る娘さんの話からでした。娘は、お父さんが大事にとっておいていた金箔の紙を破ってしまいまして、娘がお父さんにとことんに怒られます。しばらくしてから、娘はその金箔の紙で作った箱をお父さんに持っていてプレゼントします。お父さんがその箱を開けると、中が空っぽだということに気づいて、空っぽの箱をプレゼントする娘に腹が立って、怒りに落ちてしまいます。娘は謝りにもう一度お父さんのところに戻りました。なんで空っぽの箱をプレゼントしたかとの質問に対して、彼女はお父さんに空っぽではないと答えます。”パパ、この箱は私からのパパへのチュウと愛で一杯でしょう。パパ、見えるでしょう。”と答えると、お父さんが涙を零してしまいます。

私はせっかちな性格を持っている欠点を見直すよい機会になりました。引越しの準備などで、家庭内はテンションが高くなっていることに少し注意して、家では気を静めるようにしたいという気持ちになりました。

最後の方は、1時間も時間オーバーして、かなりあせってきました。最後の話は、仏が最初に老いや苦難を経験する話でしたが、よく知っているつもりの話でもあったので、早く終わってくれないかとの”せっかち”な気持ちを抑えようと頑張っていました。家の地下に物者がまだまだなくなっていない状態が目に浮かびながら、グルが仏教でもっとも重視する「無の心」(物や人に愛着を持たない話、DETACHMENT)の話に入りました。なかなか無くならない家の中の物のことを考えながら、あの人にそれを譲ろうなどと、物の整理のことを気にしている気持ちが一気にすっきりして、”もういいでしょう、ものを全部GOODWILLへ持っていこう”と決心がつきました。もったいない文化で育った私にとっての必要な知恵、助言は、私が若いころ通っていたカトリック教会ではなくて、初めて行ったヒンズー教の神社で承ることができたという、ちょっと不思議な父の日でした。

I am very pleased to be speaking at the The 33rd Research Conference on Communication, Information and Internet Policy (http://www.tprc.org/TPRC05/2005.htm) next week. I’ll be presenting my paper The “Ham And SDR Sandwich”: Innovation and Enforcement Issues for Free and Open-Source Software on Software-Defined Radio Devices. http://web.si.umich.edu/tprc/papers/2005/480/SDR-HAM-JamesMiller.pdf

I was so happy to have worked on the Software Radio (SDR) and Cognitive Radio issues at the FCC. It was a surreal opportunity to mix my interests in legal theory and Artificial Intelligence, not to mention embedded computing systems and wireless technology.

I’m pretty happy with how the paper turned out except I wasn’t able to be as free with my thinking as I’d liked. I’m working on another article (the continuing saga..) that discusses the role of software and the ability to model rules/standards to extend the current regulatory structure of wireless to be more flexible and enforceable at the same time. If you’re interested in reading drafts, drop me a line. I’ll be posting the draft soon on the website.

My first day as a Mansfield Fellow at my first placement–the Ministry of Communication of Japan. There are obvious things like, 50 people working in a small room at desks crammed next to each other, that should make me feel dramatic differences between the FCC and MIC.

However, I am surprised that nothing seemed all that different. Alot of people working together on subjects that maybe one in ten family members have a chance of understanding the immediate significance of. [yes I like dangling participles..] A room full of nerd lawyers, engineers, and economists can only support a certain limited set of new conversations I suppose..

I’m really looking forward to this year. I’ve been in Japan for two months and it’s already been a total blast.

Ok, I’m not happy. I finished my first day of work at the Ministry of Communications of Japan–my first day of work in Japan on my Mansfield Fellowship, and sat down to write a nice English blog… for everyone complaining about the headache inducing Japanese articles… Only to find the entire /public_html directory containing all my web content had disappeared..

Earlier this year, I broke down and moved the website to a hosting company when my “broadband” connection became increasingly flaky.

Now the hosting company has a catastrophic data failure.. with no backups.. and I’m still unpacking. Arg..

Well, it was a good time to clean house at nihonlinks.com anyway..