Author Archives: Amy Farr Robertson

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About Amy Farr Robertson

Civil Rights Lawyer. Dog Lover. Smartass.

Lessons learned in trial — days 1 & 2

Lesson from trial day 1: The haircut you got for trial in a salon at 5,280 feet and zero humidity will not look at all the same at sea level and 100% humidity.

Lesson from trial day 2: Do not attempt new and untested methods of blow drying your hair on trial day 2.

Lesson from the evening of trial day 2: We are not in Kansas Colorado anymore.  Came out of the Safeway just in time to see the Oakland police surrounding someone at gunpoint in the parking lot.  Oddly, my first instinct — from years of Law & Order and Cops — was to walk toward the scene to check it out.  It took a sec to realize that “away” might be a better direction.

Why I love videoconference depositions

Because I only have to dress up from the waist up and can wear

badass socks out of camera range.

What would you do for serrano-wrapped dates?

UPDATE (August 19, 2012):

Tim and I went  back to the 9th Door today and had a great time.   The seating had been improved significantly.  All of the low benches and sofas were gone, replaced by very accessible four-tops.  Spanish music had replaced the techno.  Everyone’s attitude was fabulous.  And of course the food remains spectacular.

ORIGINAL POST (May 22, 2011):

Turns out, Tim and I would put up with a fairly annoying level of discrimination and techno music for this tasty treat.  We went to our favorite tapas joint last night — Denver’s 9th Door.  We’ve always known that an evening at 9th Door is a trade-off between amazing food and a deeply annoying hipster-and-techno-music ambiance.  But we’ve been there many times and always been seated politely.  Last night, the manager decided we were a fire hazard.

You know how there are phrases that just signal discrimination, that members of minority groups hear often — each time from someone thinking he is original — demonstrating conclusively that you are different, outside, etc.  For example, saying an African-American is “articulate,” or an Asian is a “model minority,” or a Jewish name is “delightful.”*  Well, nothing says “other” better than calling you a fire hazard.

We got there at our usual old-fogie, early-bird-special hour and the manager showed us to a two-top — one we had occupied on a number of previous occasions — and then started vocally fretting about how she could arrange us so that neither Tim nor I would be a fire hazard.  In one arrangement, I would have been sitting in the aisle.  She rejected this, causing Tim to tell the rather chubby manager, “she’s only 105** pounds, she won’t take up the whole aisle.”  Oh snap!  Following much dramatic table-dragging and eye-rolling, we were seated, after which, of course, the entire length of the aisle she was worried about immediately filled up with annoying hipsters, posing a far more serious, non-wheelchair-related, fire hazard.

A word about techno music.  Does. Anyone. Like. That. Shit?  OK, 5 words.  It seems to me to have been composed by lab rats seeking revenge for whatever we’ve done to them in the name of science.  Hey, Rats – here’s your data:  techno music makes me want to rip my own ears off.  Now make it stop.

But I swear to God it was all worth it.

Dátiles: Crispy Serrano ham-wrapped dates stuffed with almonds and drunken goat cheese

Pimientos del Piquillo Rellenos: Fire-roasted piquillo peppers stuffed with fresh goat cheese and rosemary

Aged Manchego cheese with membrillo Cabrales blue cheese with almonds and honey Cabra cheese with dried fig chutney

Alcachofas a la Plancha: Crispy pan-fried artichoke hearts with lemon-thyme aioli

Croquetas de Hongos: Mushroom and rice croquette with sherry wine and mushroom sauce

Albóndigas: Traditional lamb meatballs served in a delicate Moorish mint almond sauce

Extra-bonus sexism.  See if you can spot it in their menu blather:

On Spain’s Costa del Sol, located between Malaga and Marbella, sits a quiet little mountain village called Mijas.

During the summer of 1969, after having been made famous by James Michener’s novel The Drifters, Mijas had become an expatriate community of writers and poets. On lazy afternoons, these expats would gather at their favorite bar – one without a name, recognizable only by the number nine that was carved into the door.

Behind the 9th door, they would imbibe on the local wine and brandy and share the tapas of the house, trading stories and reciting poetry to the local women until the early hours of the morning.

Raise your hands if the first time you read the words “expatriate community of writers and poets” you pictured a mixed group of men and women.  Ha!  Fooled you!  Or maybe I’m just being heteronormative:  male and female expat writers and poets could all have been seducing the local women.  Of this I’m confident:  no techno music was involved.

***************

* OK, this one might not make sense out of context.  Here’s the context:  I’m half Jewish, half, well, WASP.  When discussing a friend of mine with one of my older WASPy cousins, he responded to hearing the guy’s name by laughing out loud, repeating it over and over, saying “how delightful!”  Not an anti-Semetic bone in his body, but almost nothing could have made me feel more “other” at that moment.

** This reflects the historically accurate weight stated on my driver’s license.  Let’s just say:  it’s up for renewal this year.

Law Nerd Heaven

If you’re not watching The Killing, you should be.  It’s an incredible series, right up there behind The Wire as far as I’m concerned for Best TV Show Ever.  But it endeared itself to this Law Nerd when the last episode discussed one of my favorite, slightly obscure, legal topics:  organizational standing — citing, by name, to the leading case, Hunt v. Washington State Apple Advertising Commission.

I realize this will be meaningful to only a small fraction of my readership (which might at this point be measure in fractions of actual human bodies).  But it made my night!

One Simple Graph Explains Lawyer Stress

I’m a law nerd.  Out and proud.  Give me an interesting legal question, access to my Westlaw account, and a steady supply of seltzer and pasta, and I’ll be happy for days.  I’m also privileged to have the world’s best law partner (my husband) and the world’s coolest co-counsel, with essential qualities like a sense of humor, appreciation for good beer, and knowledge of excellent restaurants.  Oh, yeah, and they’re really freaking smart lawyers, too.

Why, then, would I ever experience stress?*  I submitted this question to the world’s most powerful computer, which analyzed years of data in the form of briefs, letters, and emails in my cases, applied a complex algorithm** decades in development, and came up with the following answer:  The Merits:Bullshit Ratio.  It is best understood as a graph:

This means, for example, that in the brief we will receive next week, the bullshit level will be at the far right-hand side of the chart.  The question at issue is very simple, and we’re right.***  So why should I stress?  Because the extremely low level of merit in the defendant’s position means — I promise you, this is a scientific fact — there will be an extremely high level of bullshit.


You lawyers know I’m right on this.  When you’re briefing a complex, interesting, multi-faceted question with some merit on both sides, the briefs tend to be substantive and relatively mature.  When you’re simply flat-out correct, and your opponent has no real argument, his briefs are filled with arguments that are the legal equivalent of “I’m rubber, you’re glue,” “takes one to know one,” and “you’re a poopyhead.”  In addition, of course, the level of italicized text goes up.  Further computer analysis generated this chart:


Having achieved the first part of our research goal (the charts above), I have asked the computer to generate a solution to the stress that results from reading too much bullshit.  Preliminary results indicate that the solution involves beer.  Stay tuned.

****************

* There are two other well-known reasons for lawyer stress.  One is the stress people feel when they really don’t want to be lawyers.  This is not my problem:  I really really love being a lawyer; I just hate the bullshit.  The other reason is trying to balance your lawyer-life with your family-life.  I have solved this problem by completely merging the two.  It’s not for everyone, but it works for us!

** I love that word.  Does it really mean anything other than “equation”?  I don’t think so but it makes you sound really cool!

*** We’re always right.  That’s why we take the cases we take.  Only civil defense counsel get paid to represent wrong positions.  If our client has a wrong position, we don’t eat or pay the rent.

Emotional correctness

No one was going to tell me how to mourn Paul Wellstone’s death, and no one is going to tell me how to celebrate Osama bin Laden’s death.

After Paul Wellstone died in a plane crash in 2002, his funeral became a catharsis for those who loved his brand of popular liberalism and had chafed at the pearl-clutching right-wing-defined patriotic correctness that had settled in after the initial bout of unity following the 9/11 attacks.  These were Wellstone’s friends and his political allies, experiencing the unexpected trauma of his death in a plane crash, during the period when that news was still raw.  It would have been an excellent opportunity for conservatives to shut the fuck up, as a polite individual might when talking to family members of some recently deceased jerk.  You would not tell the jerk’s spouse or parents that however they had chosen to express their grief at the funeral was inappropriate.  You would don your poker face and say, “I’m sorry for your loss.”  Yet the former was the uniform conservative — and then, in those days, inevitable mainstream media — response:  Liberals didn’t mourn correctly.

I think what’s saddest, to be honest, is the defensive tone of the Media Matters link, “debunking” the “myth” that Wellstone’s funeral was a political rally.  I say:  fuck yeah!  He was an unabashedly liberal politician; an upbeat, funny, articulate guy.  He would have loved for his funeral to be a political rally.  The only problem was in the heads and hearts of the critics for not understanding this, and in their brain/mouth filter for not stopping the absurd criticism of the mourners before it left their mouths or keyboards.

This criticism was heard again in response to the memorial service for the folks who died recently in Tucson and in the aftermath of Ted Kennedy’s death.  As someone who has lost a close family member I can say this:  anyone telling me how to mourn will be kicked somewhere painful.

Anyway, I had thought it was the province of conservatives to tell us how we should feel — to dictate emotional correctness — following traumatic national events.  But in the past few days, I’ve seen scolding from the left about celebrating the death of Osama Bin Laden.  Gimme a break!  This is a guy who killed 3000 civilians in one day within our borders, and is responsible for all sorts of other death and mayhem around the world.  We get a day or two of emotional catharsis.  I think this scolding reached the point of caricature in an article — I can’t find the link now — in which we were chided for celebrating bin Laden’s death when there were thousands of American children going hungry each night.  So we’re not allowed to celebrate solving one gigantic, hard-to-solve problem until we’ve solved them all?

Per the bumpersticker:  “Fuck Yeah” is not a Foreign Policy.  So if our entire response to bin Laden’s demise is celebratory swearing, it will be a mistake.  But fer pete’s sake — we get a night or two of jubilation that a bunch of kick-ass American soldiers took out a global menace.

Documenting the gelled mullet

Over on my brother’s truly funny blog, he fesses up to a Jim McMahon-style gelled mullet, but only offers indirect proof, that is, in the form of a photo of Jim McMahon.  I, however, have definitive proof of the actual Robertsonian gelled mullet:

My law school graduation in 1988.  I have several other compelling memories from that day, besides the usual getting a diploma, completing a major educational stage in my life, facing the future, blah blah blah.  I seem to recall that Dad spent most of the photography time trying to get Bruce to take off his sunglasses.  Ooops.  I also recall a wonderful family dinner at which Bruce and I had a great time making fun of the way the waiter said the word “Calvados” … not because we were great connoisseurs of  French brandy, but because we’d never heard of it before and thought it sounded hilarious.

Running and Stretching

So today I decided to stretch before running.  It took me a while to get around to it.  By which I mean that it was probably first recommended in about 1976 by my friend Monica when we would run together by the canal in Georgetown.  I’ve thought about it approximately every time I’ve run since then, but not actually gotten around to it until today.  I finally did the math:  scoliosis + couch potato habits + age = predictably bad results.  So: stretching.

Didn’t that last paragraph make it sound like I’ve been a runner since 1976?  Fooled you!  I have run during three phases in my life, which can conveniently be referred to by my running partners:  Monica; Jenny; and Saguaro (with a brief interlude of Laura).

I ran with Monica for a brief period in high school.  She had the decency to slow down and shorten considerably her long, crew-rowing-inspired runs on the towpath by the C&O canal to let me huff and puff alongside her.  This lasted, oh, about five scenic canal runs before the resurgence of my couch potato tendencies coincided with the end of Monica’s almost infinite patience, which end had been cleverly disguised by her almost infinite good manners.

I didn’t run again until college, when I ran with my roommate Jenny.  We were only actually roommates for second semester freshman year, when she very graciously did not object when I moved into the postage-stamp-sized “emergency double” that the housing folks had reassured her she would have as a single for the rest of the year.   But she will forever be “my roommate Jenny.”  We had roughly the same approach to running:  same speed; same frequency; and I believe the same number of runs before we got bored and stopped.  Or at least I did – Jenny probably runs marathons now.  Sigh.

I didn’t run again until we got our second dog, Saguaro, in 2007.  If you know me and are good at math, you’ll already have figured out that this is a roughly 25-year gap in my running career.  I didn’t even start running when we got our first dog in 2002.  Chinook is a very mellow dog, and was a very mellow puppy.  If we wanted to do things, he’d come along; if we wanted to veg, he vegged.  He fit right in.

Even though they are the same breed and technically cousins, Saguaro was a different dog right from the start.  For example, both dogs are golden retrievers, so we expected a certain amount of, well, retrieving.  Chinook fetched* but did not retrieve.  Ever.  He would run after tennis balls, sticks, Frisbees, etc, but would pick up the object and head off in a different direction, lie down, and chew on it.  Or just drop it out of boredom and find something else to do.  When fetching in lakes — which he does purely because he loves to swim — he generally brings the ball back to a point just far enough from shore that a wading human** cannot get to it without getting the bottom of her shorts wet.  The ponds of Chatfield are littered with Chinook’s tennis balls.  Saguaro has retrieved, accurately and persistently, since the day we brought him home at 7 weeks.  No training necessary.  The dog was simply born with a retriever gene that Chinook doesn’t have.

The difference in the dogs was also evident in their energy levels.  Chinook’s favorite exercise is rolling in the grass or snow

eating mulch, and sleeping.  Saguaro, if he doesn’t exercise fairly constantly, is (how can I put this gently about a dog I love with all my heart) a monumental pain in the ass.  He whines.  He paces.  He finds the Frisbee and shoves it in your face as you lie on the sofa taking your first break from the computer in six days.

When we spent a month vacationing in Tucson when Saguaro was four months old, it became clear that we needed a different approach to exercise than we had taken with Chinook (none).  Here, for example, is Saguaro in Tucson not getting the point of the afternoon’s activities:

So then began the third phase of my often-interrupted running career.  For those of you who want to know how to get back into running when you’re a 46-year-old couch potato, here’s how:  run with two dogs, at least one of whom will need to pee or poop every 50 yards or so, for approximately ¼ mile, turn around, and run home.  You will get slightly more exercise than this suggests mathematically because at two points in the run, you will need to find — and run to and from — a dumpster.  But I have run — with some brief interruptions — since then, working gradually up to my current distance:  one mile or two dog poops, whichever comes first.

The brief Laura interlude to the Saguaro phase:  My friend Laura does amazing things like teaching the next generation of lawyers how to be good litigators without being assholes . . . . AND running marathons.  Although she is generally brilliant, when I said I had taken up running, she made a category error and assumed that when I used the word “run” it meant the same thing as when she used the word “run.”  And so she invited me to “run” with her.  Once.  After the obligatory stops to wait for and clean up from doggie bathroom breaks, and after seriously considering calling an ambulance for me at about the 2 mile mark, she caught on, and has graciously limited herself to inviting me to run in charity races of 5K or less, which I still don’t finish, but which give us an extra chance to gossip in the car on the way over.

But I started to write about stretching because I finally stretched.  Today.  For the first time.  I discovered two things.   The first is that between being a body-unaware klutz and not being able to tell left from right,* it took me a freakishly long time to figure out what this diagram was telling me to do:

And I discovered that, like running, stretching is a group activity in our house.  The view from my stretches:

***************************************

* Past tense.  Since being joined by Saguaro, he doesn’t even fetch any more, but lets Saguaro handle the whole annoying process.

** A wading 5’2” human.

*** I read somewhere that this is called “directional dyslexia” which sounds way cooler than “can’t tell left from right.”  But whatever it is, I have it, and it provides hours of amusement to Tim, who has learned to say things like “turn toward me” (for a right turn when I’m driving) or “do you mean left left or right left?”

Profiling Muslims at airport security is stupid and unAmerican

For the past few days, I’ve been a bystander in a ridiculous email discussion about airport security and decided that, once I’d spent the entire drive up University Boulevard from County Line to Evans composing a rant in my head, that rant needed to be freed from my head and posted on the blog.

Airport security is a pain in the ass.  But that’s all it is.  Buck up, folks.  I always choose the pat-down because the nude photo thingy creeps me out.  It’s not fun, but it’s not, say, dental surgery.  Hell, it’s not even flossing.  Yup, I’d rather go through airport security than floss.  Life is full of annoying things.  Get over it.

And the thought that — to avoid this mild pain in the ass — we would sacrifice core American values is just beyond me.  I am constantly baffled by what it is conservatives love when they say they love America. It was the question addressed at fabulous verbose length by this guy.

What I really wanted to ask is this: Proud American? Really? What is it exactly that you’re proud of?  You say you love your country? You say you love the United States? Really? Which part? What is it that you love about it? Specifically, what exactly do you love about America?

Because, see, so far as I can tell, people like you seem to hate just about everything that makes the United States what it is.

And so on for like 45 paragraphs or so.  It really is hilarious, but I recommend skimming.

I’ll tell you what I love:  I love the Constitution.  I love the 14th Amendment, the one that promises equal protection of the laws.  Do we really want to violate one of the most fundamental American principles to save 15 minutes at the airport?  Really?

Oh and another thing:  it doesn’t work.  If we start profiling, we would be sacrificing our values for nothing.

[P]rofiling creates two paths through security: one with less scrutiny and one with more. And once you do that, you invite the terrorists to take the path with less scrutiny. That is, a terrorist group can safely probe any profiling system and figure out how to beat the profile. And once they do, they’re going to get through airport security with the minimum level of screening every time.

As counterintuitive as it may seem, we’re all more secure when we randomly select people for secondary screening — even if it means occasionally screening wheelchair-bound grandmothers and innocent looking children. And, as an added bonus, it doesn’t needlessly anger the ethnic groups we need on our side if we’re going to be more secure against terrorism.

But more than that, how would it work?  As another security expert noted,

But what do we go by? Name? Appearance? The vast majority of Arab Americans, for instance, are not only innocent of sympathy for terrorism, they’re actually Christian. To profile Muslims you’d have to target blacks, Asians, whites and Hispanics (remember Jose Padilla?). How could that work, and would it really help identify those who are intending harm or would it simply divert resources that could be better used on investigations?

So we set out to profile Muslims, but we can’t use name or appearance. What then?  Seriously, profiling advocates, if you want to target Muslims, you have to figure out a way to do it.  Religious identity cards?  A quick religious catechism with the TSA dudes?  I’m loving the idea of small-government conservatives authorizing the Federales to investigate individual religious beliefs to determine whether you get groped in the security line.

But ultimately, of course, it’s not just Muslims who commit terrorism:

The biggest terrorist attack in U.S. history prior to 9/11—the 1996 Oklahoma City bombing—was carried out by a white ex-Marine with a crew cut. The only major WMD attack of the “war on terror” era—the 2001 anthrax mailings—was apparently the handiwork of a white, Christian microbiologist angry that prominent Catholic politicians were pro-choice. And who stormed the Holocaust Museum last year, killing a security guard? Ayman-al Zawahiri? No, neo-Nazi octogenarian nutcase James Wenneker von Brunn.

I have to wait in line to take off my shoes, start up my computer, and step through a metal detector every time I go to court because Christians like to shoot at, blow up, and threaten federal buildings and officials.  That’s right, Christians.  Oh, right, of course, not Christians like you.  Bad Christians.  Maybe people calling themselves Christians who do not remotely have the values you would call Christian.

Exactly my point.