Academic literature on the topic 'Benjamin N. Cardozo School of Law'

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Journal articles on the topic "Benjamin N. Cardozo School of Law"

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Chu, Michelle K. "The Use of Non-Confidential and Limited Confidential Information Obtained by Metadata Mining Outside the Context of Discovery Should Be Ethically Permissible." Pittsburgh Journal of Technology Law and Policy 16, no. 1 (April 1, 2016): 6–22. http://dx.doi.org/10.5195/tlp.2015.176.

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SELIGMAN, MARTIN E. P., PAUL R. VERKUIL, and TERRY H. KANG. "WHY LAWYERS ARE UNHAPPY." Deakin Law Review 10, no. 1 (April 1, 2005): 49. http://dx.doi.org/10.21153/dlr2005vol10no1art268.

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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>According to the authors of this article, the growing unhappiness of law- yers, particularly young lawyers, stems from three causes: (1) Lawyers are selected for their pessimism (or “prudence”) and this generalizes to the rest of their lives; (2) Young associates hold jobs that are characterized by high pressure and low decision latitude, exactly the conditions that promote poor health and poor morale; and (3) American law is to some extent a zero-sum game, and negative emotions flow from zero-sum games. .. </span></p><p><span>This article has been shared with practitioners as well as academics. It grows out of faculty seminars held at the Benjamin N. Cardozo School of Law in the fall of 1999, which included managing partners of several major New York Law firms, and in spring 2001, as well as a meeting of the New York Chapter of the American Bar Foundation in the spring of 2000. The theory of positive psychology framed the discussion.</span><span>] </span></p></div></div></div>
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Fitzpatrick, Gerard J. "Studying Supreme Court JusticesJustice Oliver Wendell Holmes: Law and the Inner Self. By G. Edward White The World of Benjamin N. Cardozo: Personal Values and the Judicial Process. By Richard Polenberg The Jurisprudence of Justice William J. Brennan, Jr.: The Law & Politics of "Libertarian Dignity". By David E. Marion New Deal Justice: The Constitutional Jurisprudence of Hugo L. Black, Felix Frankfurter, and Robert H. Jackson. By Jeffrey D. Hockett Justice Sandra Day O'Connor: Strategist on the Supreme Court. By Nancy Maveety." Polity 32, no. 2 (December 1999): 271–84. http://dx.doi.org/10.2307/3235286.

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Stewart, Jonathan. "If I Had Possession over Judgment Day: Augmenting Robert Johnson." M/C Journal 16, no. 6 (December 16, 2013). http://dx.doi.org/10.5204/mcj.715.

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augmentvb [ɔːgˈmɛnt]1. to make or become greater in number, amount, strength, etc.; increase2. Music: to increase (a major or perfect interval) by a semitone (Collins English Dictionary 107) Almost everything associated with Robert Johnson has been subject to some form of augmentation. His talent as a musician and songwriter has been embroidered by myth-making. Johnson’s few remaining artefacts—his photographic images, his grave site, other physical records of his existence—have attained the status of reliquary. Even the integrity of his forty-two surviving recordings is now challenged by audiophiles who posit they were musically and sonically augmented by speeding up—increasing the tempo and pitch. This article documents the promulgation of myth in the life and music of Robert Johnson. His disputed photographic images are cited as archetypal contested artefacts, augmented both by false claims and genuine new discoveries—some of which suggest Johnson’s cultural magnetism is so compelling that even items only tenuously connected to his work draw significant attention. Current challenges to the musical integrity of Johnson’s original recordings, that they were “augmented” in order to raise the tempo, are presented as exemplars of our on-going fascination with his life and work. Part literature review, part investigative history, it uses the phenomenon of augmentation as a prism to shed new light on this enigmatic figure. Johnson’s obscurity during his lifetime, and for twenty-three years after his demise in 1938, offered little indication of his future status as a musical legend: “As far as the evolution of black music goes, Robert Johnson was an extremely minor figure, and very little that happened in the decades following his death would have been affected if he had never played a note” (Wald, Escaping xv). Such anonymity allowed those who first wrote about his music to embrace and propagate the myths that grew around this troubled character and his apparently “supernatural” genius. Johnson’s first press notice, from a pseudonymous John Hammond writing in The New Masses in 1937, spoke of a mysterious character from “deepest Mississippi” who “makes Leadbelly sound like an accomplished poseur” (Prial 111). The following year Hammond eulogised the singer in profoundly romantic terms: “It still knocks me over when I think of how lucky it is that a talent like his ever found its way to phonograph records […] Johnson died last week at precisely the moment when Vocalion scouts finally reached him and told him that he was booked to appear at Carnegie Hall” (19). The visceral awe experienced by subsequent generations of Johnson aficionados seems inspired by the remarkable capacity of his recordings to transcend space and time, reaching far beyond their immediate intended audience. “Johnson’s music changed the way the world looked to me,” wrote Greil Marcus, “I could listen to nothing else for months.” The music’s impact originates, at least in part, from the ambiguity of its origins: “I have the feeling, at times, that the reason Johnson has remained so elusive is that no one has been willing to take him at his word” (27-8). Three decades later Bob Dylan expressed similar sentiments over seven detailed pages of Chronicles: From the first note the vibrations from the loudspeaker made my hair stand up … it felt like a ghost had come into the room, a fearsome apparition …When he sings about icicles hanging on a tree it gives me the chills, or about milk turning blue … it made me nauseous and I wondered how he did that … It’s hard to imagine sharecroppers or plantation field hands at hop joints, relating to songs like these. You have to wonder if Johnson was playing for an audience that only he could see, one off in the future. (282-4) Such ready invocation of the supernatural bears witness to the profundity and resilience of the “lost bluesman” as a romantic trope. Barry Lee Pearson and Bill McCulloch have produced a painstaking genealogy of such a-historical misrepresentation. Early contributors include Rudi Blesch, Samuel B Charters, Frank Driggs’ liner notes for Johnson’s King of the Delta Blues Singers collection, and critic Pete Welding’s prolific 1960s output. Even comparatively recent researchers who ostensibly sought to demystify the legend couldn’t help but embellish the narrative. “It is undeniable that Johnson was fascinated with and probably obsessed by supernatural imagery,” asserted Robert Palmer (127). For Peter Guralnick his best songs articulate “the debt that must be paid for art and the Faustian bargain that Johnson sees at its core” (43). Contemporary scholarship from Pearson and McCulloch, James Banninghof, Charles Ford, and Elijah Wald has scrutinised Johnson’s life and work on a more evidential basis. This process has been likened to assembling a complicated jigsaw where half the pieces are missing: The Mississippi Delta has been practically turned upside down in the search for records of Robert Johnson. So far only marriage application signatures, two photos, a death certificate, a disputed death note, a few scattered school documents and conflicting oral histories of the man exist. Nothing more. (Graves 47) Such material is scrappy and unreliable. Johnson’s marriage licenses and his school records suggest contradictory dates of birth (Freeland 49). His death certificate mistakes his age—we now know that Johnson inadvertently founded another rock myth, the “27 Club” which includes fellow guitarists Brian Jones, Jimi Hendrix and Kurt Cobain (Wolkewitz et al., Segalstad and Hunter)—and incorrectly states he was single when he was twice widowed. A second contemporary research strand focuses on the mythmaking process itself. For Eric Rothenbuhler the appeal of Johnson’s recordings lies in his unique “for-the-record” aesthetic, that foreshadowed playing and song writing standards not widely realised until the 1960s. For Patricia Schroeder Johnson’s legend reveals far more about the story-tellers than it does the source—which over time has become “an empty center around which multiple interpretations, assorted viewpoints, and a variety of discourses swirl” (3). Some accounts of Johnson’s life seem entirely coloured by their authors’ cultural preconceptions. The most enduring myth, Johnson’s “crossroads” encounter with the Devil, is commonly redrawn according to the predilections of those telling the tale. That this story really belongs to bluesman Tommy Johnson has been known for over four decades (Evans 22), yet it was mistakenly attributed to Robert as recently as 1999 in French blues magazine Soul Bag (Pearson and McCulloch 92-3). Such errors are, thankfully, becoming less common. While the movie Crossroads (1986) brazenly appropriated Tommy’s story, the young walking bluesman in Oh, Brother, Where Art Thou? (2000) faithfully proclaims his authentic identity: “Thanks for the lift, sir. My name's Tommy. Tommy Johnson […] I had to be at that crossroads last midnight. Sell my soul to the devil.” Nevertheless the “supernatural” constituent of Johnson’s legend remains an irresistible framing device. It inspired evocative footage in Peter Meyer’s Can’t You Hear the Wind Howl? The Life and Music of Robert Johnson (1998). Even the liner notes to the definitive Sony Music Robert Johnson: The Centennial Edition celebrate and reclaim his myth: nothing about this musician is more famous than the word-of-mouth accounts of him selling his soul to the devil at a midnight crossroads in exchange for his singular mastery of blues guitar. It has become fashionable to downplay or dismiss this account nowadays, but the most likely source of the tale is Johnson himself, and the best efforts of scholars to present this artist in ordinary, human terms have done little to cut through the mystique and mystery that surround him. Repackaged versions of Johnson’s recordings became available via Amazon.co.uk and Spotify when they fell out of copyright in the United Kingdom. Predictable titles such as Contracted to the Devil, Hellbound, Me and the Devil Blues, and Up Jumped the Devil along with their distinctive “crossroads” artwork continue to demonstrate the durability of this myth [1]. Ironically, Johnson’s recordings were made during an era when one-off exhibited artworks (such as his individual performances of music) first became reproducible products. Walter Benjamin famously described the impact of this development: that which withers in the age of mechanical reproduction is the aura of the work of art […] the technique of reproduction detaches the reproduced object from the domain of tradition. By making many reproductions it substitutes a plurality of copies for a unique existence. (7) Marybeth Hamilton drew on Benjamin in her exploration of white folklorists’ efforts to document authentic pre-modern blues culture. Such individuals sought to preserve the intensity of the uncorrupted and untutored black voice before its authenticity and uniqueness could be tarnished by widespread mechanical reproduction. Two artefacts central to Johnson’s myth, his photographs and his recorded output, will now be considered in that context. In 1973 researcher Stephen LaVere located two pictures in the possession of his half–sister Carrie Thompson. The first, a cheap “dime store” self portrait taken in the equivalent of a modern photo booth, shows Johnson around a year into his life as a walking bluesman. The second, taken in the Hooks Bros. studio in Beale Street, Memphis, portrays a dapper and smiling musician on the eve of his short career as a Vocalion recording artist [2]. Neither was published for over a decade after their “discovery” due to fears of litigation from a competing researcher. A third photograph remains unpublished, still owned by Johnson’s family: The man has short nappy hair; he is slight, one foot is raised, and he is up on his toes as though stretching for height. There is a sharp crease in his pants, and a handkerchief protrudes from his breast pocket […] His eyes are deep-set, reserved, and his expression forms a half-smile, there seems to be a gentleness about him, his fingers are extraordinarily long and delicate, his head is tilted to one side. (Guralnick 67) Recently a fourth portrait appeared, seemingly out of nowhere, in Vanity Fair. Vintage guitar seller Steven Schein discovered a sepia photograph labelled “Old Snapshot Blues Guitar B. B. King???” [sic] while browsing Ebay and purchased it for $2,200. Johnson’s son positively identified the image, and a Houston Police Department forensic artist employed face recognition technology to confirm that “all the features are consistent if not identical” (DiGiacomo 2008). The provenance of this photograph remains disputed, however. Johnson’s guitar appears overly distressed for what would at the time be a new model, while his clothes reflect an inappropriate style for the period (Graves). Another contested “Johnson” image found on four seconds of silent film showed a walking bluesman playing outside a small town cinema in Ruleville, Mississippi. It inspired Bob Dylan to wax lyrical in Chronicles: “You can see that really is Robert Johnson, has to be – couldn’t be anyone else. He’s playing with huge, spiderlike hands and they magically move over the strings of his guitar” (287). However it had already been proved that this figure couldn’t be Johnson, because the background movie poster shows a film released three years after the musician’s death. The temptation to wish such items genuine is clearly a difficult one to overcome: “even things that might have been Robert Johnson now leave an afterglow” (Schroeder 154, my italics). Johnson’s recordings, so carefully preserved by Hammond and other researchers, might offer tangible and inviolate primary source material. Yet these also now face a serious challenge: they run too rapidly by a factor of up to 15 per cent (Gibbens; Wilde). Speeding up music allowed early producers to increase a song’s vibrancy and fit longer takes on to their restricted media. By slowing the recording tempo, master discs provided a “mother” print that would cause all subsequent pressings to play unnaturally quickly when reproduced. Robert Johnson worked for half a decade as a walking blues musician without restrictions on the length of his songs before recording with producer Don Law and engineer Vincent Liebler in San Antonio (1936) and Dallas (1937). Longer compositions were reworked for these sessions, re-arranging and edited out verses (Wald, Escaping). It is also conceivable that they were purposefully, or even accidentally, sped up. (The tempo consistency of machines used in early field recordings across the South has often been questioned, as many played too fast or slow (Morris).) Slowed-down versions of Johnson’s songs from contributors such as Angus Blackthorne and Ron Talley now proliferate on YouTube. The debate has fuelled detailed discussion in online blogs, where some contributors to specialist audio technology forums have attempted to decode a faintly detectable background hum using spectrum analysers. If the frequency of the alternating current that powered Law and Liebler’s machine could be established at 50 or 60 Hz it might provide evidence of possible tempo variation. A peak at 51.4 Hz, one contributor argues, suggests “the recordings are 2.8 per cent fast, about half a semitone” (Blischke). Such “augmentation” has yet to be fully explored in academic literature. Graves describes the discussion as “compelling and intriguing” in his endnotes, concluding “there are many pros and cons to the argument and, indeed, many recordings over the years have been speeded up to make them seem livelier” (124). Wald ("Robert Johnson") provides a compelling and detailed counter-thesis on his website, although he does acknowledge inconsistencies in pitch among alternate master takes of some recordings. No-one who actually saw Robert Johnson perform ever called attention to potential discrepancies between the pitch of his natural and recorded voice. David “Honeyboy” Edwards, Robert Lockwood Jr. and Johnny Shines were all interviewed repeatedly by documentarians and researchers, but none ever raised the issue. Conversely Johnson’s former girlfriend Willie Mae Powell was visibly affected by the familiarity in his voice on hearing his recording of the tune Johnson wrote for her, “Love in Vain”, in Chris Hunt’s The Search for Robert Johnson (1991). Clues might also lie in the natural tonality of Johnson’s instrument. Delta bluesmen who shared Johnson’s repertoire and played slide guitar in his style commonly used a tuning of open G (D-G-D-G-B-G). Colloquially known as “Spanish” (Gordon 2002, 38-42) it offers a natural home key of G major for slide guitar. We might therefore expect Johnson’s recordings to revolve around the tonic (G) or its dominant (D) -however almost all of his songs are a full tone higher, in the key of A or its dominant E. (The only exceptions are “They’re Red Hot” and “From Four Till Late” in C, and “Love in Vain” in G.) A pitch increase such as this might be consistent with an increase in the speed of these recordings. Although an alternative explanation might be that Johnson tuned his strings particularly tightly, which would benefit his slide playing but also make fingering notes and chords less comfortable. Yet another is that he used a capo to raise the key of his instrument and was capable of performing difficult lead parts in relatively high fret positions on the neck of an acoustic guitar. This is accepted by Scott Ainslie and Dave Whitehill in their authoritative volume of transcriptions At the Crossroads (11). The photo booth self portrait of Johnson also clearly shows a capo at the second fret—which would indeed raise open G to open A (in concert pitch). The most persuasive reasoning against speed tampering runs parallel to the argument laid out earlier in this piece, previous iterations of the Johnson myth have superimposed their own circumstances and ignored the context and reality of the protagonist’s lived experience. As Wald argues, our assumptions of what we think Johnson ought to sound like have little bearing on what he actually sounded like. It is a compelling point. When Son House, Skip James, Bukka White, and other surviving bluesmen were “rediscovered” during the 1960s urban folk revival of North America and Europe they were old men with deep and resonant voices. Johnson’s falsetto vocalisations do not, therefore, accord with the commonly accepted sound of an authentic blues artist. Yet Johnson was in his mid-twenties in 1936 and 1937; a young man heavily influenced by the success of other high pitched male blues singers of his era. people argue that what is better about the sound is that the slower, lower Johnson sounds more like Son House. Now, House was a major influence on Johnson, but by the time Johnson recorded he was not trying to sound like House—an older player who had been unsuccessful on records—but rather like Leroy Carr, Casey Bill Weldon, Kokomo Arnold, Lonnie Johnson, and Peetie Wheatstraw, who were the big blues recording stars in the mid–1930s, and whose vocal styles he imitated on most of his records. (For example, the ooh-well-well falsetto yodel he often used was imitated from Wheatstraw and Weldon.) These singers tended to have higher, smoother voices than House—exactly the sound that Johnson seems to have been going for, and that the House fans dislike. So their whole argument is based on the fact that they prefer the older Delta sound to the mainstream popular blues sound of the 1930s—or, to put it differently, that their tastes are different from Johnson’s own tastes at the moment he was recording. (Wald, "Robert Johnson") Few media can capture an audible moment entirely accurately, and the idea of engineering a faithful reproduction of an original performance is also only one element of the rationale for any recording. Commercial engineers often aim to represent the emotion of a musical moment, rather than its totality. John and Alan Lomax may have worked as documentarians, preserving sound as faithfully as possible for the benefit of future generations on behalf of the Library of Congress. Law and Liebler, however, were producing exciting and profitable commercial products for a financial gain. Paradoxically, then, whatever the “real” Robert Johnson sounded like (deeper voice, no mesmeric falsetto, not such an extraordinarily adept guitar player, never met the Devil … and so on) the mythical figure who “sold his soul at the crossroads” and shipped millions of albums after his death may, on that basis, be equally as authentic as the original. Schroeder draws on Mikhail Bakhtin to comment on such vacant yet hotly contested spaces around the Johnson myth. For Bakhtin, literary texts are ascribed new meanings by consecutive generations as they absorb and respond to them. Every age re–accentuates in its own way the works of its most immediate past. The historical life of classic works is in fact the uninterrupted process of their social and ideological re–accentuation [of] ever newer aspects of meaning; their semantic content literally continues to grow, to further create out of itself. (421) In this respect Johnson’s legend is a “classic work”, entirely removed from its historical life, a free floating form re-contextualised and reinterpreted by successive generations in order to make sense of their own cultural predilections (Schroeder 57). As Graves observes, “since Robert Johnson’s death there has seemed to be a mathematical equation of sorts at play: the less truth we have, the more myth we get” (113). The threads connecting his real and mythical identity seem so comprehensively intertwined that only the most assiduous scholars are capable of disentanglement. Johnson’s life and work seem destined to remain augmented and contested for as long as people want to play guitar, and others want to listen to them. Notes[1] Actually the dominant theme of Johnson’s songs is not “the supernatural” it is his inveterate womanising. Almost all Johnson’s lyrics employ creative metaphors to depict troubled relationships. Some even include vivid images of domestic abuse. In “Stop Breakin’ Down Blues” a woman threatens him with a gun. In “32–20 Blues” he discusses the most effective calibre of weapon to shoot his partner and “cut her half in two.” In “Me and the Devil Blues” Johnson promises “to beat my woman until I get satisfied”. However in The Lady and Mrs Johnson five-time W. C. Handy award winner Rory Block re-wrote these words to befit her own cultural agenda, inverting the original sentiment as: “I got to love my baby ‘til I get satisfied”.[2] The Gibson L-1 guitar featured in Johnson’s Hooks Bros. portrait briefly became another contested artefact when it appeared in the catalogue of a New York State memorabilia dealership in 2006 with an asking price of $6,000,000. The Australian owner had apparently purchased the instrument forty years earlier under the impression it was bona fide, although photographic comparison technology showed that it couldn’t be genuine and the item was withdrawn. “Had it been real, I would have been able to sell it several times over,” Gary Zimet from MIT Memorabilia told me in an interview for Guitarist Magazine at the time, “a unique item like that will only ever increase in value” (Stewart 2010). References Ainslie, Scott, and Dave Whitehall. Robert Johnson: At the Crossroads – The Authoritative Guitar Transcriptions. Milwaukee: Hal Leonard Publishing, 1992. Bakhtin, Mikhail M. The Dialogic Imagination. Austin: University of Texas Press, 1982. Banks, Russell. “The Devil and Robert Johnson – Robert Johnson: The Complete Recordings.” The New Republic 204.17 (1991): 27-30. Banninghof, James. “Some Ramblings on Robert Johnson’s Mind: Critical Analysis and Aesthetic in Delta Blues.” American Music 15/2 (1997): 137-158. Benjamin, Walter. The Work of Art in the Age of Mechanical Reproduction. London: Penguin, 2008. Blackthorne, Angus. “Robert Johnson Slowed Down.” YouTube.com 2011. 1 Aug. 2013 ‹http://www.youtube.com/user/ANGUSBLACKTHORN?feature=watch›. Blesh, Rudi. Shining Trumpets: A History of Jazz. New York: Knopf, 1946. Blischke, Michael. “Slowing Down Robert Johnson.” The Straight Dope 2008. 1 Aug. 2013 ‹http://boards.straightdope.com/sdmb/showthread.php?t=461601›. Block, Rory. The Lady and Mrs Johnson. Rykodisc 10872, 2006. Charters, Samuel. The Country Blues. New York: De Capo Press, 1959. Collins UK. Collins English Dictionary. Glasgow: Harper Collins Publishers, 2010. DiGiacomo, Frank. “A Disputed Robert Johnson Photo Gets the C.S.I. Treatment.” Vanity Fair 2008. 1 Aug. 2013 ‹http://www.vanityfair.com/online/daily/2008/10/a-disputed-robert-johnson-photo-gets-the-csi-treatment›. DiGiacomo, Frank. “Portrait of a Phantom: Searching for Robert Johnson.” Vanity Fair 2008. 1 Aug. 2013 ‹http://www.vanityfair.com/culture/features/2008/11/johnson200811›. Dylan, Bob. Chronicles Vol 1. London: Simon & Schuster, 2005. Evans, David. Tommy Johnson. London: November Books, 1971. Ford, Charles. “Robert Johnson’s Rhythms.” Popular Music 17.1 (1998): 71-93. Freeland, Tom. “Robert Johnson: Some Witnesses to a Short Life.” Living Blues 150 (2000): 43-49. Gibbens, John. “Steady Rollin’ Man: A Revolutionary Critique of Robert Johnson.” Touched 2004. 1 Aug. 2013 ‹http://www.touched.co.uk/press/rjnote.html›. Gioia, Ted. Delta Blues: The Life and Times of the Mississippi Masters Who Revolutionised American Music. London: W. W. Norton & Co, 2008. Gioia, Ted. "Robert Johnson: A Century, and Beyond." Robert Johnson: The Centennial Collection. Sony Music 88697859072, 2011. Gordon, Robert. Can’t Be Satisfied: The Life and Times of Muddy Waters. London: Pimlico Books, 2002. Graves, Tom. Crossroads: The Life and Afterlife of Blues Legend Robert Johnson. Spokane: Demers Books, 2008. Guralnick, Peter. Searching for Robert Johnson: The Life and Legend of the "King of the Delta Blues Singers". London: Plume, 1998. Hamilton, Marybeth. In Search of the Blues: Black Voices, White Visions. London: Jonathan Cape, 2007. Hammond, John. From Spirituals to Swing (Dedicated to Bessie Smith). New York: The New Masses, 1938. Johnson, Robert. “Hellbound.” Amazon.co.uk 2011. 1 Aug. 2013 ‹http://www.amazon.co.uk/Hellbound/dp/B0063S8Y4C/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1376605065&sr=1-2-catcorr&keywords=robert+johnson+hellbound›. ———. “Contracted to the Devil.” Amazon.co.uk 2002. 1 Aug. 2013. ‹http://www.amazon.co.uk/Contracted-The-Devil-Robert-Johnson/dp/B00006F1L4/ref=sr_1_cc_1?s=aps&ie=UTF8&qid=1376830351&sr=1-1-catcorr&keywords=Contracted+to+The+Devil›. ———. King of the Delta Blues Singers. Columbia Records CL1654, 1961. ———. “Me and the Devil Blues.” Amazon.co.uk 2003. 1 Aug. 2013 ‹http://www.amazon.co.uk/Me-Devil-Blues-Robert-Johnson/dp/B00008SH7O/ref=sr_1_16?s=music&ie=UTF8&qid=1376604807&sr=1-16&keywords=robert+johnson›. ———. “The High Price of Soul.” Amazon.co.uk 2007. 1 Aug. 2013 ‹http://www.amazon.co.uk/High-Price-Soul-Robert-Johnson/dp/B000LC582C/ref=sr_1_39?s=music&ie=UTF8&qid=1376604863&sr=1-39&keywords=robert+johnson›. ———. “Up Jumped the Devil.” Amazon.co.uk 2005. 1 Aug. 2013 ‹http://www.amazon.co.uk/Up-Jumped-Devil-Robert-Johnson/dp/B000B57SL8/ref=sr_1_2?s=music&ie=UTF8&qid=1376829917&sr=1-2&keywords=Up+Jumped+The+Devil›. Marcus, Greil. Mystery Train: Images of America in Rock ‘n’ Roll Music. London: Plume, 1997. Morris, Christopher. “Phonograph Blues: Robert Johnson Mastered at Wrong Speed?” Variety 2010. 1 Aug. 2013 ‹http://www.varietysoundcheck.com/2010/05/phonograph-blues-robert-johnson-mastered-at-wrong-speed.html›. Oh, Brother, Where Art Thou? DVD. Universal Pictures, 2000. Palmer, Robert. Deep Blues: A Musical and Cultural History from the Mississippi Delta to Chicago’s South Side to the World. London: Penguin Books, 1981. Pearson, Barry Lee, and Bill McCulloch. Robert Johnson: Lost and Found. Chicago: University of Illinois Press, 2003. Prial, Dunstan. The Producer: John Hammond and the Soul of American Music. New York: Farrar, Straus and Giroux, 2006. Rothenbuhler, Eric W. “For–the–Record Aesthetics and Robert Johnson’s Blues Style as a Product of Recorded Culture.” Popular Music 26.1 (2007): 65-81. Rothenbuhler, Eric W. “Myth and Collective Memory in the Case of Robert Johnson.” Critical Studies in Media Communication 24.3 (2007): 189-205. Schroeder, Patricia. Robert Johnson, Mythmaking and Contemporary American Culture (Music in American Life). Chicago: University of Illinois Press, 2004. Segalstad, Eric, and Josh Hunter. The 27s: The Greatest Myth of Rock and Roll. Berkeley: North Atlantic Books, 2009. Stewart, Jon. “Rock Climbing: Jon Stewart Concludes His Investigation of the Myths behind Robert Johnson.” Guitarist Magazine 327 (2010): 34. The Search for Robert Johnson. DVD. Sony Pictures, 1991. Talley, Ron. “Robert Johnson, 'Sweet Home Chicago', as It REALLY Sounded...” YouTube.com 2012. 1 Aug. 2013. ‹http://www.youtube.com/watch?v=LCHod3_yEWQ›. Wald, Elijah. Escaping the Delta: Robert Johnson and the Invention of the Blues. London: HarperCollins, 2005. ———. The Robert Johnson Speed Recording Controversy. Elijah Wald — Writer, Musician 2012. 1 Aug. 2013. ‹http://www.elijahwald.com/johnsonspeed.html›. Wilde, John . “Robert Johnson Revelation Tells Us to Put the Brakes on the Blues: We've Been Listening to the Immortal 'King of the Delta Blues' at the Wrong Speed, But Now We Can Hear Him as He Intended.” The Guardian 2010. 1 Aug. 2013 ‹http://www.theguardian.com/music/musicblog/2010/may/27/robert-johnson-blues›. Wolkewitz, M., A. Allignol, N. Graves, and A.G. Barnett. “Is 27 Really a Dangerous Age for Famous Musicians? Retrospective Cohort Study.” British Medical Journal 343 (2011): d7799. 1 Aug. 2013 ‹http://www.bmj.com/content/343/bmj.d7799›.
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Nairn, Angelique. "Chasing Dreams, Finding Nightmares: Exploring the Creative Limits of the Music Career." M/C Journal 23, no. 1 (March 18, 2020). http://dx.doi.org/10.5204/mcj.1624.

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In the 2019 documentary Chasing Happiness, recording artist/musician Joe Jonas tells audiences that the band was “living the dream”. Similarly, in the 2012 documentary Artifact, lead singer Jared Leto remarks that at the height of Thirty Seconds to Mars’s success, they “were living the dream”. However, for both the Jonas Brothers and Thirty Seconds to Mars, their experiences of the music industry (much like other commercially successful recording artists) soon transformed into nightmares. Similar to other commercially successful recording artists, the Jonas Brothers and Thirty Seconds to Mars, came up against the constraints of the industry which inevitably led to a forfeiting of authenticity, a loss of creative control, increased exploitation, and unequal remuneration. This work will consider how working in the music industry is not always a dream come true and can instead be viewed as a proverbial nightmare. Living the DreamIn his book Dreams, Carl Gustav Jung discusses how that which is experienced in sleep, speaks of a person’s wishes: that which might be desired in reality but may not actually happen. In his earlier work, The Interpretation of Dreams, Freud argued that the dream is representative of fulfilling a repressed wish. However, the creative industries suggest that a dream need not be a repressed wish; it can become a reality. Jon Bon Jovi believes that his success in the music industry has surpassed his wildest dreams (Atkinson). Jennifer Lopez considers the fact that she held big dreams, had a focussed passion, and strong aspirations the reason why she pursued a creative career that took her out of the Bronx (Thomas). In a Twitter post from 23 April 2018, Bruno Mars declared that he “use [sic] to dream of this shit,” in referring to a picture of him performing for a sold out arena, while in 2019 Shawn Mendes informed his 24.4 million Twitter followers that his “life is a dream”. These are but a few examples of successful music industry artists who are seeing their ‘wishes’ come true and living the American Dream.Endemic to the American culture (and a characteristic of the identity of the country) is the “American Dream”. It centres on “a land in which life should be better and richer and fuller for every man, with opportunity for each according to his ability and achievement” (Adams, 404). Although initially used to describe having a nice house, money, stability and a reasonable standard of living, the American Dream has since evolved to what the scholar Florida believes is the new ‘aspiration of people’: doing work that is enjoyable and relies on human creativity. At its core, the original American Dream required striving to meet individual goals, and was promoted as possible for anyone regardless of their cultural, socio-economic and political background (Samuel), because it encourages the celebrating of the self and personal uniqueness (Gamson). Florida’s conceptualisation of the New American dream, however, tends to emphasise obtaining success, fame and fortune in what Neff, Wissinger, and Zukin (310) consider “hot”, “creative” industries where “the jobs are cool”.Whether old or new, the American Dream has perpetuated and reinforced celebrity culture, with many of the young generation reporting that fame and fortune were their priorities, as they sought to emulate the success of their famous role models (Florida). The rag to riches stories of iconic recording artists can inevitably glorify and make appealing the struggle that permits achieving one’s dream, with celebrities offering young, aspiring creative people a means of identification for helping them to aspire to meet their dreams (Florida; Samuel). For example, a young Demi Lovato spoke of how she idolised and looked up to singer Beyonce Knowles, describing Knowles as a role model because of the way she carries herself (Tishgart). Similarly, American Idol winner Kelly Clarkson cited Aretha Franklin as her musical inspiration and the reason that she sings from a place deep within (Nilles). It is unsurprising then, that popular media has tended to portray artists working in the creative industries and being paid to follow their passions as “a much-vaunted career dream” (Duffy and Wissinger, 4656). Movies such as A Star Is Born (2018), The Coal Miner’s Daughter (1980), Dreamgirls (2006), Begin Again (2013) and La La Land (2016) exalt the perception that creativity, talent, sacrifice and determination will mean dreams come true (Nicolaou). In concert with the American dream is the drive among creative people pursuing creative success to achieve their dreams because of the perceived autonomy they will gain, the chance of self-actualisation and social rewards, and the opportunity to fulfil intrinsic motivations (Amabile; Auger and Woodman; Cohen). For these workers, the love of creation and the happiness that accompanies new discoveries (Csikszentmihalyi) can offset the tight budgets and timelines, precarious labour (Blair, Grey, and Randle; Hesmondhalgh and Baker), uncertain demand (Caves; Shultz), sacrifice of personal relationships (Eikhof and Haunschild), the demand for high quality products (Gil & Spiller), and the tense relationships with administrators (Bilton) which are known to plague these industries. In some cases, young, up and coming creative people overlook these pitfalls, instead romanticising creative careers as ideal and worthwhile. They willingly take on roles and cede control to big corporations to “realize their passions [and] uncover their personal talent” (Bill, 50). Of course, as Ursell argues in discussing television employees, such idealisation can mean creatives, especially those who are young and unfamiliar with the constraints of the industry, end up immersed in and victims of the “vampiric” industry that exploits workers (816). They are socialised towards believing, in this case, that the record label is a necessary component to obtain fame and fortune and whether willing or unwilling, creative workers become complicit in their own exploitation (Cohen). Loss of Control and No CompensationThe music industry itself has been considered by some to typify the cultural industries (Chambers). Popular music has potency in that it is perceived as speaking a universal language (Burnett), engaging the emotions and thoughts of listeners, and assisting in their identity construction (Burnett; Gardikiotis and Baltzis). Given the place of music within society, it is not surprising that in 2018, the global music industry was worth US$19.1billion (IFPI). The music industry is necessarily underpinned by a commercial agenda. At present, six major recording companies exist and between them, they own between 70-80 per cent of the recordings produced globally (Konsor). They also act as gatekeepers, setting trends by defining what and who is worth following and listening to (Csikszentmihalyi; Jones, Anand, and Alvarez). In essence, to be successful in the music industry is to be affiliated with a record label. This is because the highly competitive nature and cluttered environment makes it harder to gain traction in the market without worthwhile representation (Moiso and Rockman). In the 2012 documentary about Thirty Seconds to Mars, Artifact, front man Jared Leto even questions whether it is possible to have “success without a label”. The recording company, he determines, “deal with the crappy jobs”. In a financially uncertain industry that makes money from subjective or experience-based goods (Caves), having a label affords an artist access to “economic capital for production and promotion” that enables “wider recognition” of creative work (Scott, 239). With the support of a record label, creative entrepreneurs are given the chance to be promoted and distributed in the creative marketplace (Scott; Shultz). To have a record label, then, is to be perceived as legitimate and credible (Shultz).However, the commercial music industry is just that, commercial. Accordingly, the desire to make money can see the intrinsic desires of musicians forfeited in favour of standardised products and a lack of remuneration for artists (Negus). To see this standardisation in practice, one need not look further than those contestants appearing on shows such as American Idol or The Voice. Nowhere is the standardisation of the music industry more evident than in Holmes’s 2004 article on Pop Idol. Pop Idol first aired in Britain from 2001-2003 and paved the way for a slew of similar shows around the world such as Australia’s Popstars Live in 2004 and the global Idol phenomena. According to Holmes, audiences are divested of the illusion of talent and stardom when they witness the obvious manufacturing of musical talent. The contestants receive training, are dressed according to a prescribed image, and the show emphasises those melodramatic moments that are commercially enticing to audiences. Her sentiments suggest these shows emphasise the artifice of the music industry by undermining artistic authenticity in favour of generating celebrities. The standardisation is typified in the post Idol careers of Kelly Clarkson and Adam Lambert. Kelly Clarkson parted with the recording company RCA when her manager and producer Clive Davis told her that her album My December (2007) was “not commercial enough” and that Clarkson, who had written most of the songs, was a “shitty writer… who should just shut up and sing” (Nied). Adam Lambert left RCA because they wanted him to make a full length 80s album comprised of covers. Lambert commented that, “while there are lots of great songs from that decade, my heart is simply not in doing a covers album” (Lee). In these instances, winning the show and signing contracts led to both Clarkson and Lambert forfeiting a degree of creative control over their work in favour of formulaic songs that ultimately left both artists unsatisfied. The standardisation and lack of remuneration is notable when signing recording artists to 360° contracts. These 360° contracts have become commonplace in the music industry (Gulchardaz, Bach, and Penin) and see both the material and immaterial labour (such as personal identities) of recording artists become controlled by record labels (Stahl and Meier). These labels determine the aesthetics of the musicians as well as where and how frequently they tour. Furthermore, the labels become owners of any intellectual property generated by an artist during the tenure of the contract (Sanders; Stahl and Meier). For example, in their documentary Show Em What You’re Made Of (2015), the Backstreet Boys lament their affiliation with manager Lou Pearlman. Not only did Pearlman manufacture the group in a way that prevented creative exploration by the members (Sanders), but he withheld profits to the point that the Backstreet Boys had to sue Pearlman in order to gain access to money they deserved. In 2002 the members of the Backstreet Boys had stated that “it wasn’t our destinies that we had to worry about in the past, it was our souls” (Sanders, 541). They were not writing their own music, which came across in the documentary Show Em What You’re Made Of when singer Howie Dorough demanded that if they were to collaborate as a group again in 2013, that everything was to be produced, managed and created by the five group members. Such a demand speaks to creative individuals being tied to their work both personally and emotionally (Bain). The angst encountered by music artists also signals the identity dissonance and conflict felt when they are betraying their true or authentic creative selves (Ashforth and Mael; Ashforth and Humphrey). Performing and abiding by the rules and regulations of others led to frustration because the members felt they were “being passed off as something we aren’t” (Sanders 539). The Backstreet Boys were not the only musicians who were intensely controlled and not adequately compensated by Pearlman. In the documentary The Boy Band Con: The Lou Pearlman Story 2019, Lance Bass of N*Sync and recording artist Aaron Carter admitted that the experience of working with Pearlman became a nightmare when they too, were receiving cheques that were so small that Bass describes them as making his heart sink. For these groups, the dream of making music was undone by contracts that stifled creativity and paid a pittance.In a similar vein, Thirty Seconds to Mars sought to cut ties with their record label when they felt that they were not being adequately compensated for their work. In retaliation EMI issued Mars with a US$30 million lawsuit for breach of contract. The tense renegotiations that followed took a toll on the creative drive of the group. At one point in the documentary Artifact (2012), Leto claims “I can’t sing it right now… You couldn’t pay me all the money in the world to sing this song the way it needs to be sung right now. I’m not ready”. The contract subordination (Phillips; Stahl and Meier) that had led to the need to renegotiate financial terms came at not only a financial cost to the band, but also a physical and emotional one. The negativity impacted the development of the songs for the new album. To make music requires evoking necessary and appropriate emotions in the recording studio (Wood, Duffy, and Smith), so Leto being unable to deliver the song proved problematic. Essentially, the stress of the lawsuit and negotiations damaged the motivation of the band (Amabile; Elsbach and Hargadon; Hallowell) and interfered with their creative approach, which could have produced standardised and poor quality work (Farr and Ford). The dream of making music was almost lost because of the EMI lawsuit. Young creatives often lack bargaining power when entering into contracts with corporations, which can prove disadvantaging when it comes to retaining control over their lives (Phillips; Stahl and Meier). Singer Demi Lovato’s big break came in the 2008 Disney film Camp Rock. As her then manager Phil McIntyre states in the documentary Simply Complicated (2017), Camp Rock was “perceived as the vehicle to becoming a superstar … overnight she became a household name”. However, as “authentic and believable” as Lovato’s edginess appeared, the speed with which her success came took a toll on Lovato. The pressure she experienced having to tour, write songs that were approved by others, star in Disney channel shows and movies, and look a certain way, became too much and to compensate, Lovato engaged in regular drug use to feel free. Accordingly, she developed a hybrid identity to ensure that the squeaky clean image required by the moral clauses of her contract, was not tarnished by her out-of-control lifestyle. The nightmare came from becoming famous at a young age and not being able to handle the expectations that accompanied it, coupled with a stringent contract that exploited her creative talent. Lovato’s is not a unique story. Research has found that musicians are more inclined than those in other workforces to use psychotherapy and psychotropic drugs (Vaag, Bjørngaard, and Bjerkeset) and that fame and money can provide musicians more opportunities to take risks, including drug-use that leads to mortality (Bellis, Hughes, Sharples, Hennell, and Hardcastle). For Lovato, living the dream at a young age ultimately became overwhelming with drugs her only means of escape. AuthenticityThe challenges then for music artists is that the dream of pursuing music can come at the cost of a musician’s authentic self. According to Hughes, “to be authentic is to be in some sense real and true to something ... It is not simply an imitation, but it is sincere, real, true, and original expression of its creator, and is believable or credible representations or example of what it appears to be” (190). For Nick Jonas of the Jonas Brothers, being in the spotlight and abiding by the demands of Disney was “non-stop” and prevented his personal and musical growth (Chasing Happiness). As Kevin Jonas put it, Nick “wanted the Jonas Brothers to be no more”. The extensive promotion that accompanies success and fame, which is designed to drive celebrity culture and financial motivations (Currid-Halkett and Scott; King), can lead to cynical performances and dissatisfaction (Hughes) if the identity work of the creative creates a disjoin between their perceived self and aspirational self (Beech, Gilmore, Cochrane, and Greig). Promoting the band (and having to film a television show and movies he was not invested in all because of contractual obligations) impacted on Nick’s authentic self to the point that the Jonas Brothers made him feel deeply upset and anxious. For Nick, being stifled creatively led to feeling inauthentic, thereby resulting in the demise of the band as his only recourse.In her documentary Gaga: Five Foot Two (2017), Lady Gaga discusses the extent she had to go to maintain a sense of authenticity in response to producer control. As she puts it, “when producers wanted me to be sexy, I always put some absurd spin on it, that made me feel like I was still in control”. Her words reaffirm the perception amongst scholars (Currid-Halkett and Scott; King; Meyers) that in playing the information game, industry leaders will construct an artist’s persona in ways that are most beneficial for, in this case, the record label. That will mean, for example, establishing a coherent life story for musicians that endears them to audiences and engaging recording artists in co-branding opportunities to raise their profile and to legitimise them in the marketplace. Such behaviour can potentially influence the preferences and purchases of audiences and fans, can create favourability, originality and clarity around artists (Loroz and Braig), and can establish competitive advantage that leads to producers being able to charge higher prices for the artists’ work (Hernando and Campo). But what impact does that have on the musician? Lady Gaga could not continue living someone else’s dream. She found herself needing to make changes in order to avoid quitting music altogether. As Gaga told a class of university students at the Emotion Revolution Summit hosted by Yale University:I don’t like being used to make people money. It feels sad when I am overworked and that I have just become a money-making machine and that my passion and creativity take a backseat. That makes me unhappy.According to Eikof and Haunschild, economic necessity can threaten creative motivation. Gaga’s reaction to the commercial demands of the music industry signal an identity conflict because her desire to create, clashed with the need to be commercial, with the outcome imposing “inconsistent demands upon” her (Ashforth and Mael, 29). Therefore, to reduce what could be considered feelings of dissonance and inconsistency (Ashforth and Mael; Ashforth and Humphrey) Gaga started saying “no” to prevent further loss of her identity and sense of authentic self. Taking back control could be seen as a means of reorienting her dream and overcoming what had become dissatisfaction with the commercial processes of the music industry. ConclusionsFor many creatives working in the creative industries – and specifically the music industry – is constructed as a dream come true; the working conditions and expectations experienced by recording artists are far from liberating and instead can become nightmares to which they want to escape. The case studies above, although likely ‘constructed’ retellings of the unfortunate circumstances encountered working in the music industry, nevertheless offer an inside account that contradicts the prevailing ideology that pursuing creative passions leads to a dream career (Florida; Samuel). If anything, the case studies explored above involving 30 Seconds to Mars, the Jonas Brothers, Lady Gaga, Kelly Clarkson, Adam Lambert and the Backstreet Boys, acknowledge what many scholars writing in the creative industries have already identified; that exploitation, subordination, identity conflict and loss of control are the unspoken or lesser known consequences of pursuing the creative dream. That said, the conundrum for creatives is that for success in the industry big “creative” businesses, such as recording labels, are still considered necessary in order to break into the market and to have prolonged success. This is simply because their resources far exceed those at the disposal of independent and up-and-coming creative entrepreneurs. Therefore, it can be argued that this friction of need between creative industry business versus artists will be on-going leading to more of these ‘dream to nightmare’ stories. The struggle will continue manifesting in the relationship between business and artist for long as the recording artists fight for greater equality, independence of creativity and respect for their work, image and identities. 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Moisio, Laura, and Maija Rökman. “Musician’s Fans’ and Record Company’s Value Co-Creation in Internet.” Paper presented at The 2011 Naples Forum on Service. University Federico II, Capri, Italy, 14-17 June 2011.Neff, Gina, Elizabeth Wissing, and Sharon Zukin. “Entrepreneurial Labor among Cultural Producers: ‘Cool’ Jobs in ‘Hot’ Industries.” Social Semiotics 15.3 (2005): 307-334.Negus, Keith. “Where the Mystical Meets the Market: Creativity and Commerce in the Production of Popular Music.” The Sociological Review 43.2 (1995): 316-341.Nicolaou, Elena. “Fallen in Love with A Star Is Born? 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New York: Syracuse UP, 2012.Sanders, Maria A. “Singing Machines: Boy Bands and the Struggle for Artistic Legitimacy.” 20 Cardozo Arts & Entertainment Law Journal 3 (2002): 525-588Scott, Michael. “Cultural Entrepreneurs, Cultural Entrepreneurship: Music Producers Mobilising and Converting Bourdieu’s Alternative Capitals.” Poetics 40 (2012): 237-255Shultz, Benjamin. “The Work behind the Scenes: The New Intermediaries of the Indie Crafts Business.” Regional Studies 49.3 (2015): 451-460.Simply Complicated. Dir. H.L. Davis. Philymack Productions, 2017,Stahl, Matt, and Leslie Meier. “The Firm Foundation of Organizational Flexibility: The 360 Contract in the Digitalizing Music Industry.” Canadian Journal of Communication 37.3 (2012): 441-458.The Boy Band Con: The Lou Pearlman Story. Dir. A. Kunkel. 1620 Media, 2019.Thomas, George M. “’Maid’ for Fame: J. Lo Living a Dream.” Chicago Tribune 12 Dec. 2002. 15 Sep. 2019 <https://www.chicagotribune.com/news/ct-xpm-2002-12-12-0212120189-story.html>.Tishgart, Sierra. “Demi Lovato on Launching Secret’s Anti-Bullying Campaign.” TeenVogue 17 Oct. 2012. 19 Sep. 2019 <https://www.teenvogue.com/story/demi-lovato-secret-anti-bullying>.Ursell, Gillian. “Television Production: Issues of Exploitation, Commodification and Subjectivity in UK Television Labour Markets.” Media, Culture & Society 22.6 (2000): 805-825.Vaag, Jonas, Johan Håkon Bjørngaard, and Ottar Bjerkeset. “Use of Psychotherapy and Psychotropic Medication among Norwegian Musicians Compared to the General Workforce.” Psychology of Music 44.6 (2016): 1439-1453. Wood, Nichola, Michelle Duffy, and Susan J. Smith. “The Art of Doing (Geographies of) Music.” Environment and Planning D: Society and Space 25.5 (2007): 867-889.Yale University. “Lady Gaga Emotion Revolution Summit 2015.” YouTube, 12 Nov. 2015. <https://www.youtube.com/watch?v=so2nDTZQmCo>.
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Books on the topic "Benjamin N. Cardozo School of Law"

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Benjamin N. Cardozo School of Law, Yeshiva University: Alumni directory. White Plains, New York: Harris, 1991.

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Habermas, Jürgen. "19. Reply to Symposium Participants, Benjamin N. Cardozo School of Law." In Habermas on Law and Democracy, 381–452. University of California Press, 1998. http://dx.doi.org/10.1525/9780520917613-021.

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