Category Archives: 1960s

Hangin’ with Judge Hoffman

Post #4

During the past week, we’ve all witnessed an alarming and unspeakable violation of the Capitol building.  Although I’ve been shaken by this violation, I’ve decided to proceed with this blog as earlier planned.

This is the fourth in a series of posts recalling what it was like to clerk for Judge Julius J. Hoffman from 1967 to 1969.

Some of Hoffman’s Cases

•     “Joe Shine”

            Hoffman’s first trial after I arrived was a criminal case brought by the feds against a group of defendants that included Joseph Amabile.  (I initially assumed that Amabile’s name was pronounced “Ah-mah-bil-lay,” but I can still hear Judge Hoffman’s bailiff calling out the name as though it rhymed with “Oldsmobile.”)

            Amabile (known as “Joe Shine”) and a couple of his pals were accused of serious wrongdoing arising out of land-development deals in the western suburbs of Chicago.  More precisely, they were accused of conspiracy to violate a federal law because they had interfered with commerce by extortion.  “Extortion” is the relevant word here.  According to testimony at the trial, one defendant had hit some poor guy in the face and threatened to use a baseball bat if he didn’t cooperate.

            At first, I was terrified to sit in the same courtroom with some of these defendants, but they looked pretty subdued, dressed in their expensive suits, seated next to their high-priced lawyers.  Judge Hoffman didn’t seem too worried, but then he had an armed bodyguard accompany him to and from the courthouse every day.

            When the daily newspapers started running stories about the trial, a major issue arose.  The defense lawyers had been opposed to sequestering the jury, but now they began arguing that the published articles were prejudicial to the defendants.  They demanded that the judge ask the jurors every day whether they had read or heard any of the prejudicial publicity.  Hoffman repeatedly admonished the jurors, each time they left the courtroom, not to read any newspapers or listen to any news about the trial on radio or TV.  But he refused to directly question the jurors about the prejudicial publicity.  His rationale was that because the defendants had opposed sequestration of the jury, they couldn’t complain that the jurors might be somehow exposed to news about the trial.

            Back in chambers, he confessed his real concern.  He was worried that, after he had invested several weeks in this trial, even one juror’s admission that she or he had watched a TV news report would force the judge to declare a mistrial.  His persistent refusal to question the jurors later became one of the biggest issues on appeal.

            After a five-week trial, the jury convicted the defendants.  But the appellate court later reversed the convictions.  (U.S. v. Palermo, 410 F.2d 468.)  Why?  Basically because Hoffman had refused to question the jurors about the prejudicial publicity.

            Hoffman had gambled and lost.  If he had directly questioned the jurors every day, they probably would have denied disobeying his order to avoid seeing any prejudicial publicity.  If they had explicitly denied disobeying his order, the convictions would have been upheld. 

            But because the judge didn’t want to risk any other outcome, his five-week trial was a total loss.

•     South Holland

            The judge took great pride in a ruling that he believed demonstrated his fairness to minorities. 

            In 1968, the federal government filed a suit against School District 151 (South Holland and Phoenix, Illinois), alleging discrimination against minority students.  Special prosecutors were brought in from the Justice Department in D.C. to try the case, and Hoffman presided over the trial that summer.  At the end of the trial, he asked the parties to submit Proposed Findings of Fact and Conclusions of Law.  He then took these documents under advisement.

            He never followed his usual pattern of asking one of his clerks to assist him in reviewing the evidence or deciding how to rule.

            A short time after the end of the trial, the judge announced his decision in favor of the government.  In his written memorandum opinion, he followed the government’s submission virtually word for word.

            The school district’s attorneys complained.  They argued that the judge hadn’t done anything other than rubber-stamp the government’s position.

            On appeal, the 7th Circuit affirmed Hoffman’s decision.  But the dissenting judge agreed with the defendant’s argument, noting that “the District Court…without changing a word,” adopted every one of the government’s Findings and Conclusions, as well as its proposed Orders. 

           The case against the school district was unquestionably meritorious.  Although I wasn’t asked to review anything submitted by either side, I have no doubt that the U.S. Justice Department produced sufficient evidence to prove its case of discrimination against the school district.  And Hoffman was therefore unquestionably right to decide in favor of the Justice Department. 

            But the case didn’t resemble any other major case I encountered during my clerkship.  The judge did not appear to review the evidence or attempt to reach any conclusions other than those offered by the government lawyers.  And he didn’t ask his clerks to do so.  I think he may have decided, as soon as the case was assigned to him, to rule in favor of the government.

             The judge was very pleased with the result.  After announcing his decision, he basked in the glow of the favorable publicity that usually escaped him. 

            One of Chicago’s daily newspapers even wrote an editorial praising him.  He had this editorial enlarged and framed, and after he hung it in his chambers, he proudly pointed it out to visitors. 

            It was clear that, despite the negative publicity he often garnered from other happenings in his courtroom, in his eyes he would now be seen as fair-minded, even “liberal,” thanks to his ruling in favor of minority students in this case. 

•     Inmates of Cook County Jail

            Sometime in 1968, a Chicago lawyer named Stanley A. Bass, who at the time was somehow connected with the ACLU (I don’t recall his exact connection), filed a class-action lawsuit on behalf of the inmates of Cook County Jail, complaining about conditions at the jail.  The suit described the horrific–indeed shocking–state of living conditions at the jail, alleging that they were in violation of various provisions of the US Constitution.

            This suit was, to my knowledge, the first class-action lawsuit presenting the issues of prison conditions to a federal court. 

             It also became the first prisoner lawsuit in which a federal court ruled that a class action of this nature stated a claim and therefore would not be dismissed.  Inmates of Cook County Jail v. Tierney, No. 68 C 504 (N.D. Ill., Aug. 22, 1968).

            I suspect that when the case was assigned to Judge Hoffman, Stan Bass’s heart sank.  Aware of Hoffman’s conservative bent, he could hardly hope to get any favorable rulings at the district-court level and probably relied on filing an appeal to get anywhere with his case.

            But Stan didn’t count on my being Hoffman’s law clerk.  Fortunately for him, that made a difference.

            The defendant prison officials filed motions to dismiss the case for “failure to state a claim,” making a number of procedural arguments designed to get the case thrown out of court.  A ruling in favor of these officials would have meant the end of the lawsuit.

            But instead of quickly ruling in their favor, I gave a lot of thought to what would be the right thing to do.  It seemed to me that the inmates had stated a perfectly good claim under the Federal Rules of Civil Procedure.  Although I knew that Hoffman wanted to extricate himself from this case, I simply could not bring myself to throw it out.

            So after thoroughly researching the court decisions that interpreted the applicable federal rules, I reached my conclusion:  The court would be wrong to dismiss the inmates’ case.  It was August 1968, and my summer vacation was approaching.  After I prepared a lengthy written opinion, I left it on the judge’s desk on a Friday afternoon just before departing for my two-week vacation.

            I knew by this time that the judge was loathe to reject any opinion written by his law clerks because that meant he would have to substitute another opinion.  To come up with his own opinion would require that he do some research and writing on his part.  But I nevertheless felt sure that he would somehow avoid going forward with the inmates’ claims. 

            I pictured myself returning from vacation and confronting an angry judge who would insist that I throw out my opinion and write a new one stating the exact opposite.

            Imagine my shock when I returned from vacation to find that, while I was out of town, the judge had read my opinion, word for word, from the bench.  I felt dizzy with power, knowing that my efforts had kept alive a case he was eager to throw out, but a case that truly belonged in the courts.

            In the ruling, I wrote, in part:  “Although it might, indeed, be the easier course to dismiss this …complaint…, we cannot flinch from our clear responsibility to protect rights secured by the federal Constitution.”

            I hoped that the ruling would lead to improved conditions for inmates at Cook County Jail, and I believe that it may have. The case was later settled when the defendants assured the court that they were making fundamental changes at the jail.

            Although the judge read the opinion from the bench, he was adamant about denying permission to publish it.  But his remarks from the bench were a public record.  The ACLU wanted to let other lawyers know about the ruling, so it purchased the court reporter’s transcript and distributed copies of it.  These copies made their way around the country and were frequently cited, as an unpublished opinion, in the many prisoners’ cases that followed.

            One of the highlights of my legal career is that I wrote the first ruling upholding prisoners’ rights in a case of this kind.  And that my ruling went on to inspire many cases that followed in its wake. 

            When I later worked as a staff attorney at the National Health and Environmental Law Program, located at UCLA School of Law, I did further research into the issues surrounding prison health care, and I published an article that explored these issues, “The Captive Patient: The Treatment of Health Problems in American Prisons,”  6 Clearinghouse Review 16 (May 1972).

            Postscript:  Stan Bass later became a staff attorney with the NAACP Legal Defense and Educational Fund, Inc.   When he filed an amicus brief on behalf of that organization in a class-action prisoner case (presenting other issues) in the U.S. Supreme Court (Goosby v. Osser, No. 71-6316, 409 U.S. 512 (1973)), Stan cited the ruling in Inmates of Cook County Jail as support.

Hangin’ with Judge Hoffman: Post #3

 

This post is the third in a series of posts recalling what it was like to work as a law clerk for Judge Julius J. Hoffman.

 •      His treatment of lawyers

                Hoffman tended to treat most lawyers disrespectfully.  During court sessions, he would berate lawyers for their failings, no matter how minor, and he would generally speak to them in a condescending tone.  Seated in the courtroom, where I sometimes had to listen to lawyers’ arguments or witnesses’ testimony, I often found myself cringing when Hoffman demeaned a lawyer who appeared before him.

                There were a few exceptions.  He was generally impressed with lawyers from the biggest, most prominent firms in the city, and he tended to treat them better than less well-connected lawyers. 

                 He also treated government lawyers with some deference, and he was almost courtly to the few women lawyers who appeared before him.  If a lawyer was both a woman and a representative of the U.S. government, Hoffman would treat her like a queen.  A woman friend of mine who worked for a federal agency could never understand why lawyers complained about Hoffman.  She thoroughly enjoyed her appearances in his courtroom.

•     Hell, no, I won’t…publish

                Hoffman almost never published his opinions.  He justified his refusal to publish by saying he didn’t want lawyers to throw his own words back at him in a later case.  Early in his judicial career he had apparently published some opinions, and lawyers did just that.  At that point, he swore off publication. 

                The only decision of mine that Hoffman chose to publish involved an arcane tax issue involving Rosehill Cemetery.  Later, when Hoffman went along with a controversial ruling I wrote in a case involving the inmates of Cook County Jail, he read the ruling from the bench but refused to publish it, despite numerous requests from lawyers that he do so. 

            I guess he thought he had done enough just reading the damned thing from the bench.  He was not about to put it in black and white.  The ACLU ended up buying a copy of the transcript from the court stenographer and making copies of it, so the opinion eventually was widely circulated, but in less-than-official form.  (I’ll have more to say more about this case in Post #4.)

•      His view of habeas corpus petitions

                In the late ’60s, both state and federal prisoners tried (as they still do) to get out of prison by filing habeas corpus petitions.  Some prisoners were fairly skillful jailhouse lawyers who submitted petitions citing legal authority for their claims.  Others sent crudely drafted handwritten pleas with very little to go on.

                Hoffman gave clear instructions to his law clerks that we were never to grant a habeas corpus petition, no matter what sort of claim the prisoner alleged.  He directed us to find something, anything, on which to base a dismissal of the petition.

                I quickly learned a few shortcuts and repeatedly cited the same language, followed by the same precedents, over and over again.  But in a few cases I couldn’t see any way to get around a prisoner’s claim.  The prisoner had made a genuine constitutional argument, and I believed it was necessary to hold a hearing where he could make his case.  But whenever I tried to explain this to the judge, he blew me off.

                “I will never allow a prisoner to be brought to my courtroom for a hearing,” he declared.  “If the Seventh Circuit wants to order me to hold a hearing, I will hold it, but I will never order one myself.  Find some reason to deny the petition!”  So even in those few cases, I had to comply with the judge’s position and come up with some pretext to deny the petitions–hoping, of course, that the prisoners were not too discouraged to file an appeal with the court of appeals.

In the case of one prisoner, I was happy to go along with the judge’s dictates. Jack K. was a perennial petitioner who must have filed one or two handwritten petitions every month. He filed so many that we never took any of them seriously. Prisoners like him eventually led the federal court system to clamp down on all prisoners and impose rules that would prevent abuse of the system by people like Jack.

Hangin’ with Judge Hoffman

This month I’m beginning something new.

I’m beginning a series of posts that will focus on my personal recollections of working as a law clerk for a federal judge–a judge who became notorious shortly after I left my clerkship.

Judge Julius J. Hoffman was a U.S. district court judge in Chicago who became notorious when he presided over the “Chicago 7” trial that began in the fall of 1969.

As Hoffman’s law clerk from 1967 to 1969, I observed him closely throughout my two-year tenure with him. This two-year period included, in its final months, the road that led to the “Chicago 7” trial.

This trial is now the subject of a new film written and directed by Aaron Sorkin, “The Trial of the Chicago 7.” Because the film has inspired new interest in Judge Hoffman, this seemed to be an appropriate time to publish my recollections.

As Judge Hoffman’s law clerk during the two years before the trial began, I could foresee much of what would happen in his courtroom.  I later sat in on the trial, as a spectator, on two very cringe-worthy occasions.

This is the first post in a series that will examine what it was like to clerk for a judge like Hoffman. I’ll begin at the beginning: my first encounter with Judge Hoffman and how I came to work for him.

I’ll go on to describe a wide range of issues that arose during my tenure. These will include my observations during the frenetic time just before and during the “Chicago 7” trial. I’ll conclude with my final communications with the judge, just before I left Chicago in 1970.

Post #1

          In the fall of 1969, Judge Julius J. Hoffman moved from relative obscurity into the spotlight of national attention.  Although he had earned a reputation within the Chicago legal community as an irascible judge with a strong conservative bent, he was otherwise a little-known figure.  The public knew him only as one of Chicago’s U.S. district judges, and as such, he was generally respected.  Even lawyers who had appeared before him were compelled to admit that, despite his personal shortcomings, he could sometimes be an excellent judge.

          All that changed in the fall of 1969.  Assigned to be the presiding judge in what became known as the “Chicago 7” trial, Hoffman was suddenly the focus of journalists and lawyers from every corner of the United States, even the world.  Suddenly his courtroom demeanor was under a microscope, probed for rationality and fairness.  And just as suddenly, he became a national villain, even a national joke.

My first encounter with the judge

          In his custom-made elevator shoes and his black robe (double-stitched for longer wear), Judge Julius J. Hoffman would stride imperiously into his courtroom.  He would seat himself behind his imposing judicial bench, his tiny figure almost lost in the high-ceilinged courtroom he occupied on the 23rd floor of the federal courthouse in Chicago’s Loop.

“The motion will be dee-nied!”

                I can still hear the judge spouting those five words, the five words he must have said a thousand times during the two years I worked for him.  He always seemed to be denying motions rather than granting them.  But that was just one feature of this eccentric and soon-to-be-notorious judge.

          Julius Hoffman was a diminutive, bald-headed man with a prickly ego that was easily punctured.  But when I met with him over the Christmas holidays in 1966, he struck me as a charming and altogether reasonable person to clerk for.  I was in my last year of law school, and Hoffman was one of only three U.S. district judges in Chicago who had agreed, in that benighted era, to interview me, a woman, for the job of law clerk.

          For a number of reasons, Hoffman became my first choice of the three, and when he offered me the job, I decided to take it.  Although I had done almost no research into what kind of judge Hoffman was, I was thrilled with the simple prospect of being any federal judge’s law clerk.

          My failure to research Hoffman’s reputation later came back to haunt me.  I soon discovered that I was working for an irascible, difficult man who had unusual proclivities and a bizarre personality that often played itself out on the bench.  So although I loved my job as a federal judge’s law clerk, and I learned a great deal from my experience working in the federal courts, I was sometimes sorry I had so quickly settled on Hoffman as the federal judge to clerk for.

RBG in ’72

Countless words have been, and will continue to be, written about the incomparable U.S. Supreme Court Justice Ruth Bader Ginsburg, who served on the high court for 27 years.

I will leave discussions of her tenure on the Court to others.

What I will do here is recount the one and only time I encountered her in person, at a law school conference, at a pivotal point in her career.  If you’re interested in learning about that encounter, please read on.

In September of 1972, I was a full-time faculty member at the University of Michigan (UM) Law School.  Notably, I was the only full-time faculty member who was a woman.

The law school had a desirable setting on the UM campus, whose multitude of elm trees were unfortunately denuded of leaves, thanks to Dutch elm disease. The law school buildings made up the stunning Law Quadrangle, featuring beautiful old buildings constructed in the English Gothic style.

My role on the faculty was to help first-year law students learn the basics of legal education:  how to analyze court rulings (the kind they would read in the books assigned to them in courses like Torts and Contracts); how to do their own research into case law; and how to write a readable legal document, like an appellate brief aimed at persuading an appellate court to decide in their favor.

I was one of four young lawyers hired to fill this role.  The three men and I each taught one-fourth of the first-year class.  As I recall, we got to choose our offices in the law school library, and I immediately chose a plum.  It was an enormous wood-paneled room with charming hand-blown stained glass windows.  One entered it via a stairway leading upstairs from the library’s impressive reading room.  I treasured my office and happily welcomed meeting with students there.  And I wonder, in light of renovations at the law school, whether that glorious office still exists.

At some point early that fall, I learned that a conference on “women and the law” would be held at the New York University School of Law in October.  This was a bold new area of law that most law schools didn’t consider worth their attention.  NYU was clearly an exception. 

The idea of the conference immediately grabbed my attention because I had a longstanding interest in its stated focus.  One reason why I had myself attended law school a few years before was that, beginning very early in my life, I was and remain concerned with achieving equity and justice, including equal rights for women.

This focus had led me to attend law school during the mid-’60s.  My first job was that of law clerk to a U.S. district judge in Chicago.  After finishing my clerkship, I became a practicing lawyer as a Reggie assigned to my first choice, the Appellate and Test Case Division of the Chicago Legal Aid Bureau.  [I discussed the Reggie program in a blog post, “The Summer of ’69,” published on August 7, 2015.]

And so, three years earlier, in October of 1969, I had begun working on a lawsuit that had a significant bearing on women’s rights because it would challenge the constitutionality of Illinois’s restrictive abortion law. This law had an enormous impact on the lives of women, especially poor and non-white women.

I worked with Sybille Fritzsche, a lawyer with the ACLU in Chicago, who became my close friend.  Sybille and I spent months preparing our case.  We filed our lawsuit in February 1970, argued it before a three-judge federal court in September, and won a 2-to-1 ruling in our favor in January 1971.  (The ruling in that case, Doe v. Scott, and the events leading up to it, are the focus of a book I’m currently writing.  In the meantime, you can read about our case in historian Leslie Reagan’s prize-winning book, When Abortion Was a Crime.)

Now, in the fall of 1972, I learned about the conference at NYU.  Because I was extremely interested in attending it, I decided to ask the UM law school’s dean, Theodore St. Antoine, whether the school might send me to New York to attend it.  I thought I had a pretty persuasive argument:  I was the only full-time woman on the law school faculty.  Didn’t the dean think it would be a good idea to send me to represent UM at the conference? 

How could he say “no”?  Ted thought about for a moment, then gave his approval.  So off I went, my expenses paid by the kind patrons of UM. 

My hotel, the Fifth Avenue Hotel, located near NYU’s law school, had sounded appealing on paper, but it turned out to be something of a dump.  It suited me just fine, however, because I barely spent any time there.  I was too busy attending the conference sessions and, when I could, taking a short break to reconnect with a couple of law-school classmates and briefly sample life in New York City, a city light-years removed from less-than-exhilarating Ann Arbor, Michigan.

The conference, held on October 20-21, turned out to be a symposium sponsored by AALS (the American Association of Law Schools), “The AALS Symposium on the Law School Curriculum and the Legal Rights of Women.”  It featured a number of prominent speakers, mostly law professors and practicing lawyers who had turned their attention to “the legal rights of women” in areas like tax law, property law, and criminal law.  I attended most of these sessions, and each of them was excellent.

But the only session I was really excited about was a talk by someone named Ruth Bader Ginsburg.  I was quite certain that I would relish hearing her talk, “Toward Elimination of Sex-Based Discrimination: Constitutional Aspects,” because the topic was right down my alley.

Looking back, I don’t think I knew anything about RBG at the time.  But when she was introduced (by NYU dean Robert McKay) and began to speak, I was riveted by every word she uttered.  She spelled out everything she had already done and planned to do to achieve gender-equity.

So although I was not already familiar with her, I knew immediately that she clearly was and would continue to be a brilliant leader in the field of women’s rights.  I filed her name away in my memory so I could follow whatever she would do in the coming years.  And I did just that, enthusiastically following the many astounding accomplishments she achieved after 1972.

Your image of RBG may be that of the frail, petite woman who took center stage in our culture in her 80s.  But the RBG I saw in 1972 was very different.  She was an amazingly attractive young woman of 39.  You can see photos of her at that time in The New York Times of September 18 (in Linda Greenhouse’s long review of her life and career) and in a recent issue of TIME magazine (Oct. 5-12, 2020). Although much has been made of her short stature (one I share), she was so very energetic and focused that one quickly forgot how small she was.

It turned out that she had attended Harvard Law School about a decade before I did.  Like her, I’ve been called a “trailblazer” and a “pioneer,” and I also confronted gender-bias at every turn throughout my life.  My path was only a bit less rocky than hers:  My class at HLS included the whopping number of 25 women in a class of 520, while hers had only 9.

I’ve since learned that October 1972 marked a pivotal time in RBG’s career.  She had just switched her teaching position from Rutgers Law School to Columbia Law School (a considerable upgrade).  And she had just assumed another new position:  Director of the Women’s Rights Project at the ACLU, a project she had helped to found a short time before. 

So I’m left wondering…did she know about the case Sybille (an ACLU attorney in Chicago) and I brought in February 1970, a case that put a woman’s right to reproductive choice front and center?

RBG was an ardent supporter of reproductive rights during her tenure on the Supreme Court.  She discussed her views on abortion and gender equality in a 2009 New York Times interview, where she said “[t]he basic thing is that the government has no business making that choice for a woman.”

But I know that she had also stated that she wasn’t entirely happy with the way in which Roe v. Wade gave every woman in the U.S. that choice by bringing cases like Doe v. Scott in the federal courts.  She stated that she would have preferred that the argument had been made, over time, in each state’s legislature, with the right to choose being gradually adopted in that way rather than in one overriding court ruling that included every state.

Notably, on the 40th anniversary of the court’s ruling in Roe v. Wade, she criticized the decision because it terminated “a nascent democratic movement to liberalize abortion laws” that might have built “a more durable consensus” in support of abortion rights.

She had a point.  A democratic movement to liberalize abortion laws would have been the ideal route, and might have been a less contentious route, to achieving abortion rights throughout the country. 

But I think her position was influenced by her own life story. 

It stemmed, at least in part, from the fact that in April 1970, she was living and working in New York, where the state legislature had passed a new law allowing abortion, and New York Governor Nelson Rockefeller had signed it on April 11, 1970.  New York became only the second state in the U.S. (after Hawaii) to permit abortion, and only a few other states had carved out any sort of exception to what was otherwise a nationwide ban on abortion.

RBG may have optimistically believed that other states would follow New York’s lead.  But history has proved otherwise.

If women had waited for each of the 50 states to accomplish the goal of women’s reproductive choice, I think we’d still have many states refusing to enact laws allowing choice.  In support of my view, I ask readers to consider the situation today, when some states are trying to restrict abortion so frenetically, with or without achieving a complete ban, that they’re now simply waiting for a far-right conservative Court to overturn Roe v. Wade.

Whether or not RBG was aware of what was happening in the courtrooms of Chicago in 1970, I think I could have persuaded her that Sybille and I were doing the right thing.  

By advocating that the federal district court hold that the restrictive Illinois abortion law was unconstitutional, and persuading the court to decide in our favor, we achieved our goal of saving the lives and health of countless women who would have otherwise suffered from their inability to obtain a legal and medically safe abortion.

What greater achievement on behalf of women’s rights could there have been? 

I like to think that, after hearing my argument, RBG would have approved.

Hooray for Hollywood! Part I

As a lifelong film buff (OK, since I was about 4), I have great fondness for much that Hollywood (and foreign cinema) has produced.  Each year I try to see a number of new films and re-watch some of the old ones.

During the past year, I never got around to seeing most of the blockbusters that dominated the box office. According to the online publication The Verge, Disney produced an unprecedented 80 percent of the top box-office hits in 2019.

Thanks to its purchase during the last decade of Marvel Entertainment (2009) and Lucasfilm (2012), Disney films have included franchises like Star Wars and the Marvel hits, in addition to popular animated films like Frozen and Frozen 2.  The result:  Disney films have surpassed many other films at the box office.

But I don’t pay a lot of attention to box-office success.  I’m far more focused on seeing films that have something to say to me. This year my clear favorite was Once Upon a Time…in Hollywood.

Once Upon a Time, a Quentin Tarantino film, is not only a fabulous depiction of Hollywood in 1969, but it also related to me and my life in a number of ways.

Spoiler alert:  If you haven’t yet seen this film, DO NOT read the ending of this blog post, where I write about the Manson murders.

First, about the film itself:  It’s been called a “buddy picture,” and in many ways it is.  In two stellar performances, Leonardo DiCaprio (playing the fictional Rick Dalton) and Brad Pitt (playing fictional Cliff Booth), are indeed buddies.  Rick is a fading former star of a Western TV series, trying to make a comeback in Hollywood, while Cliff is his longtime stunt double.  By 1969, with Rick’s star on the wane, Cliff spends much of his time driving Rick from place to place.  Both are struggling to survive in a Hollywood that has changed from the one they knew.

Weaving fiction and fact throughout the film, Tarantino uses both humor and violence to depict the end of an era.  In this love letter to 1960s Hollywood (which has earned positive reviews by most top critics on Rotten Tomatoes and garnered numerous awards and nominations), he embeds specifics of popular culture and real places in 1969 LA into the film.

 

The story takes place during two days in February and one day in August of 1969.  Notably, Rick Dalton’s home is right next door to the home of minor film star Sharon Tate (married to director Roman Polanski) in a posh section of western LA, Benedict Canyon.

In this film, Tarantino also skillfully blends in the ugly story of the Charles Manson “family.”

Re-creating in many ways the world that I lived in at about the same time, even if he himself did not, Tarantino provoked a cascade of intensely vivid memories for me.  Here’s why:

 

 

I left Chicago in August 1970 and moved to the Westwood neighborhood on the west side of LA, where I rented a cheerful furnished apartment within walking distance of UCLA.

I had moved my “Reggie Fellowship” from the Appellate and Test Case Division of the Chicago Legal Aid Bureau to a health-law related Legal Services office that was located at UCLA Law School.  Reggies were predominantly young lawyers who opted to work on behalf of the poor rather than toil in a corporate law firm.  (Please see my more detailed description of the Reggie program in an earlier post, “The Summer of ’69,” published on August 7. 2015.)

Westwood and Westwood Village (the commercial area in Westwood, adjacent to UCLA), loom large in my memory.  I met my husband-to-be (I’ll call him Marv) on the UCLA campus in October 1970, six weeks after I arrived.  Before we met, we had both rented separate apartments in the same apartment building located on the fringe of the campus. We soon began dating, and my memory bank is filled with countless memories related to our courtship and marriage that year.

My new location was very close to much of what happens in the Tarantino film only one year earlier.  So when he replicates things from that time, I recall seeing and hearing a lot of what looked like them myself.

Examples:  Street signs, ads painted on bus-stop benches, movie posters, commercials, and music. (Some of these are Tarantino’s own inventions.)

Probably the best example:  Sharon Tate goes to see herself in a film at a movie theater in Westwood Village.  During the year that I lived in Westwood, I saw many films at the movie theaters in Westwood Village.  (Seeing “Love Story” with Marv in one of them in December 1970 was especially memorable, and I plan to write about it in a future blog post.)

Another example:  A scene in the movie is set at the famous LA restaurant called Musso & Frank Grill.  Marv and I were both aware of its fame, and during that year we sought it out and dined there one special night.

One more thing:  The stunning area where Sharon Tate and Roman Polanski lived next door to the fictional Rick Dalton (Benedict Canyon) is in western LA, not far from Westwood and very close to BelAir.  Marv and I not only lived in Westwood, but we also celebrated our wedding luncheon at the charming BelAir Hotel.

Then there’s the Manson family storyline in the movie.  I learned about the Manson murders during a weekend in New York City.  I was spending part of the summer of 1969 at the Reggie training program at Haverford College, near Philadelphia, and I traveled from Philly to NYC one weekend in August

During trips to NYC, I often stayed with a close friend and a law-school classmate (I’ll call her Arlene).  Although Arlene was planning to be out of town that weekend, she invited me to stay in her 86th Street apartment on the East Side of Manhattan without her.  It was a great opportunity to live by myself as a quasi-New Yorker, and I decided to do it.

Returning to her apartment on Saturday evening, I picked up the Sunday New York Times and was shocked by a headline spelling out the startling discovery of the Manson murders.

At that time, I was still living in Chicago, but I had briefly lived in LA when I was 12 and always liked to follow any news arising there.  So I was riveted by the Manson story and read the paper from cover to cover.

When Tarantino decided to weave this story into the rest of his film, he did what he’d done in Inglourious Basterds and changed the real ending to a much different one.

Watching Once Upon a Time, I was terribly nervous as the film approached its ending.  I knew how the real story turned out, and I didn’t know exactly how this film would portray it.  But what a departure from reality Tarantino created!  The shocking ending to the film includes imaginative violence that is so over-the-top that it’s almost humorous.  Overall, the ending is a clever re-imagining of the fate of the Manson family and a much happier resolution of what happened to their victims.

Although the new ending was violent in its own way, creating an exciting piece of filmmaking, I left the theater in a much sunnier frame of mind than I would have if Tarantino had re-created the actual massacre that took place in 1969.

 

In sum, Once Upon a Time is, to my mind, an absorbing and a fascinating film.  For me, it was one of the best films of 2019.

 

I plan to write again about Hollywood films that have been relevant to my own life.  Part II will begin to explore classic films that have done just that.

 

 

Do you ever find yourself saying things your parents said?

Do you ever find yourself saying things your parents said?

Maybe your father used some phrases you’ve caught yourself saying.  Because my father died when I was 12, I can’t recall any pet phrases he used, so I have none to repeat.

But my mother, who died when I was decades older–that’s a different story.

At the outset, you should know that Mom was very smart.  She yearned to go to college and become a teacher, but after her father died, her family didn’t have enough money to send her and both of her brothers to college. I’m sure you can guess the outcome.

Mom had many pet phrases.  More and more, I hear myself repeating them.  But not all of them.

Here are some of Mom’s best, along with the context that surrounds them:

 

One of Mom’s favorites was “Before you know it.”  She usually said it when we’d talk about something we expected to happen in the future.  For example, when we talked about a young child going off to college someday, she’d frequently say, ”Before you know it….”  Or when, in the dead of winter, we talked about how far away summer seemed, she’d say, “Before you know it…”  Her instincts about how rapidly the future would arrive were usually right.  Now I often repeat that phrase myself.

When Mom conceded that something wasn’t just right, she’d often add, “Still and all.”  I can hear her saying it over and over again.  The dictionary defines the phrase as meaning “nevertheless” or “even so.”  Although you don’t hear many people use it, still and all it’s a great phrase.  Maybe more of us could use it.

When Mom liked to be very sure of something, she’d tell me that she wanted to “make doubly sure.”  I love that phrase and really must remember to use it whenever it fits.

 

Mom had definite views about gender and gender roles. They were typical of her era, so I give her a pass on some of them. But not all. These phrases frequently annoyed me, especially as I grew older and much more wary of gender stereotypes.

For example, I’ve written previously about how she admonished my sister and me to act “lady-like.”  I’m sure she thought that was the appropriate behavior for girl children.  But although the phrase didn’t bother me when I was younger, it later began to irritate me, especially when I had two daughters of my own, and the term “lady” assumed connotations I disagreed with.  But I don’t think Mom ever changed her thinking on that.

Her views on boys were distinctly different and bordered on stereotypical.

When a little kid acted up in her presence (and it was generally a boy), she’d refer to him as a “holy terror.”  She rarely referred to rambunctious girls that way.  But she might have.  (The prime example: My older sister, who later in life self-diagnosed as being a hyperactive child.  I know her behavior often created problems for my parents.)

Mom would frequently describe little boys she encountered as “all boy.”  I’m not really sure what she meant.  And as the mother of two daughters (as she was), her choice of words always struck me as rather strange.  Were girls ever “all girl?”  When?  Why?  And what made boys “all boy” to begin with?  I never challenged her on her use of this term and would just let it go.  But it still makes me wonder how she came up with it.

 

Let’s leave the gender issue for now and move on to the weather.

Living in Chicago, where we constantly faced extremes of heat and cold, most of us welcomed a warmer day that came along in late winter.  But Mom would often say, “It’s almost too warm.”  I guess she found the occasional warm day somewhat jarring in the middle of a cold spell.  But I was always delighted by that sort of change in the weather, and that phrase often made me laugh.

 

Now, on to the subject of time.

When we traveled, especially when we were driving somewhere in a car, Mom always relished “making good time.”  She meant that we were getting to our destination efficiently!  An admirable phrase, no?

But on other occasions she’d say, “Slow down.  We’ve got nothing but time.”  I generally disagreed with this point of view.  Always pursuing one goal or another, I’ve never felt I had “nothing but time.”  Quite the opposite.  And I’m afraid I still have the same outlook today.  But…maybe Mom was right, and I should slow down!

Slowing down might keep me from meeting some of my goals, but it would probably benefit my health.  I should keep in mind that one of my favorite Simon and Garfunkel songs begins this way:  “Slow down, you move too fast.  You got to make the morning last.”  Thanks, Paul Simon.  Mom definitely agreed with your thinking.

Speaking of “time,” Mom also liked to say that someone who wasn’t moving fast enough was “taking her sweet time.”  An example would be an employee in a retail store who helped customers in a poky fashion.  I sometimes think of that phrase when I see a pedestrian sauntering slowly across a busy intersection–sometimes looking at a cell phone instead of the traffic.  I’m often a pedestrian myself, and I resent careless drivers who barely let me cross an intersection safely before they make their turns.  (And I move fast.)  But when I’m driving, I find “saunterers” annoying.  They’re taking their sweet time!

I don’t think I ever encountered the “sweet time” phrase anywhere else…until I recently came across it in a short story, “Something to Remember Me By,” written by Nobel-prize-winning author Saul Bellow.  The narrator describes a character he’s watching this way:  “she simply took her sweet time about everything….”

That Mom and Saul Bellow used the same phrase doesn’t strike me as bizarre (as it might strike you) because the two of them were close in age, grew up in the same neighborhood on the northwest side of Chicago (Humboldt Park, to be precise), and attended the same public high school.  Mom sometimes told me that she knew the Bellow family.  So when Bellow published Humboldt’s Gift (which I confess I’ve never read), I figured he chose the name Humboldt because of his origins in that neighborhood.  Maybe everyone who grew up there during that era also used the “sweet time” phrase.

 

Mom found certain things disturbing.  She and my father always followed politics, perhaps inspiring my lifelong interest in the political scene.  But Mom could get “all worked up” when things didn’t strike her the right way.  A devotee of daily newspapers and local TV news, she continued to follow politics into her 90s.  But she increasing got “all worked up” when she listened to officeholders orating on TV, stating policies she disagreed with.

Although I never used this phrase in the past, it resonates with me more and more. If I don’t hit the mute button fast enough and inadvertently hear the current occupant of the White House or his cohorts speaking on TV, I can easily get all worked up.

 

Other things that disturbed Mom made her feel “sick at heart.”  I haven’t used that phrase, but maybe I should.  It reflects the reality that disturbing events can make us feel deeply troubled, even affecting our physical well-being.

 

Switching topics:  When I would go shopping with Mom, usually on State Street in downtown Chicago (she always called that part of town “the Loop”), Mom’s admonitions came fast and furious.  A favorite was “Watch your purse!”  So from the time I was old enough to carry my own handbag, I would clutch it close to me.  The irony is that I never was a victim, but one day a thief opened Mom’s handbag on a CTA bus, and her wallet disappeared.  I remember collecting the wallet for Mom at the Woolworth’s store on State Street when it somehow turned up, money extracted.

In a way, this outcome wasn’t terribly surprising.  Despite her fear of thievery, Mom would carry the kind of handbag that could easily be opened.  Held over her arm the way the Queen of England invariably holds hers, it had the kind of clasp that could be flipped open in a millisecond.  I’ve always preferred shoulder bags with zipper closures that I can hold next to my body, making them difficult to pilfer.  Now I frequently wear crossbody bags that discourage thievery even more.

Another downtown phrase:  In the enormous women’s restroom on the 3rd floor (or was it the 4th?) of Marshall Field’s vast State Street Store, Mom would always say “Flush with your foot!”  I guess the toilets were the kind that featured a flushing mechanism one could operate that way.  Mom’s concern with bacteria was always front and center.

 

This concern related to household matters:  When I was older and my family and I had our own home, Mom would frequently visit us there.  She almost always made clear that she disapproved of my housekeeping (which admittedly has–throughout my lifetime–been abysmal).  Mom would offer to help, but as she got older, I wouldn’t let her do anything.  Accustomed to doing her own household chores with tremendous zeal, she would throw up her hands (figuratively), and after a while she’d tell me that she was “tired from sitting.”

Mom may have been onto something.  Research has shown that simply sitting is in fact unhealthy.  Mom’s instincts were right.

Mom also insisted that my daughters help me with household chores.  She would often tell them, “You can’t be lazy.”  This phrase relates to another literary reference:  In a story written by Nobel-prize-winning author Isaac Bashevis Singer (published in a collection of stories titled The Power of Light), Singer sets the scene in an old-world home. He quotes an elder who explains his view of miracles:  “The truth is that miracles were rare in all times.  If too many miracles occurred, people would rely on them too much.  Free choice would cease.  The Powers on High want [people] to do things, make an effort, not to be lazy.”

So it seems that Mom was borrowing the wisdom of the elders when she told us not to be lazy.

Today, my older daughter and I repeat Mom’s phrase to her two daughters, my delightful granddaughters.  Like Cinderella’s stepsisters, they would prefer to lie abed and have someone else do things like laundry and straightening up.  Let’s face it, I’m very much of the same mind.  I do as little as possible to make my home neat and tidy.

But Mom’s phrase often comes back to haunt me, and I remind myself, as well as my granddaughters, that you can’t be lazy!

 

So…when you find yourself repeating phrases your parents liked to use, remember that a great many of them have stood the test of time and can be repeated today, as well as in their day, with the same positive effect.

Don’t be reluctant to use those phrases in your own conversation.  They may sometimes seem old-fashioned, no longer worth repeating because they’re out of date.

Still and all…they may say exactly what you want to say.

And before you know it, our kids will be doing the very same thing.

 

 

The Summer of Love and Other Random Thoughts

  1.  The CEO pay ratio is now 271-to-1.

 According to the Economic Policy Institute’s annual report on executive compensation, released on July 20, chief executives of America’s 350 largest companies made an average of $15.6 million in 2016, or 271 times more than what the typical worker made last year.

The number was slightly lower than it was in 2015, when the average pay was $16.3 million, and the ratio was 286-to-1.   And it was even lower than the highest ratio calculated, 376-to-1 in 2000.

But before we pop any champagne corks because of the slightly lower number, let’s recall that in 1989, after eight years of Ronald Reagan in the White House, the ratio was 59-to-1, and in 1965, in the midst of the Vietnam War and civil rights turmoil, it was 20-to-1.

Let’s reflect on those numbers for a moment.  Just think about how distorted these ratios are and what they say about our country.

Did somebody say “income inequality”?

[This report appeared in the San Francisco Chronicle on July 21, 2017.]

 

  1. Smiling

 I’ve written in this blog, at least once before, about the positive results of smiling.  [Please see “If You’re Getting Older, You May Be Getting Nicer,” published on May 30, 2014.]

But I can’t resist adding one more item about smiling.  In a story in The Wall Street Journal in June, a cardiologist named Dr. John Day wrote about a woman, aged 107, whom he met in the small city of Bapan, China.  Bapan is known as “Longevity Village” because so many of its people are centenarians (one for every 100 who live there; the average in the U.S. is one in 5,780).

Day asked the 107-year-old woman how she reached her advanced age.  Noting that she was always smiling, he asked if she smiled even through the hard times in her life.  She replied, “Those are the times in which smiling is most important, don’t you agree?”

Day added the results of a study published in Psychological Science in 2010.  It showed that baseball players who smiled in their playing-card photographs lived seven years longer, on average, than those who looked stern.

So, he wrote, “The next time you’re standing in front of a mirror, grin at yourself.  Then make that a habit.”

[Dr. Day’s article appeared in The Wall Street Journal on June 24-25, 2017.]

 

  1. The Summer of Love

This summer, San Francisco is awash in celebrations of the “Summer of Love,” the name attached to the city’s summer of 1967.   Fifty years later, the SF Symphony, the SF Jazz Center, a bunch of local theaters, even the Conservatory of Flowers in Golden Gate Park, have all presented their own take on it.

Most notably, “The Summer of Love Experience,” an exhibit at the de Young Museum in Golden Gate Park, is a vivid display of the music, artwork, and fashions that popped up in San Francisco that summer.

As a happy denizen of San Francisco for the past 12 years, I showed up at the de Young to see the exhibit for myself.

My favorite part of the exhibit was the sometimes outrageous fashions artfully displayed on an array of mannequins.  Not surprisingly, they included a healthy representation of denim.  Some items were even donated by the Levi’s archives in San Francisco.  [Please see the reference to Levi’s in my post, “They’re My Blue Jeans and I’ll Wear Them If I Want To,” published in May.]

Other fashions featured colorful beads, crochet, appliqué, and embroidery, often on silk, velvet, leather, and suede.  Maybe it was my favorite part of the exhibit because I’ve donated clothing from the same era to the Chicago History Museum, although my own clothing choices back then were considerably different.

Other highlights in the exhibit were perfectly preserved psychedelic posters featuring rock groups like The Grateful Dead, The Doors, and Moby Grape, along with record album covers and many photographs taken in San Francisco during the summer of 1967.  Joan Baez made an appearance as well, notably with her two sisters in a prominently displayed anti-Vietnam War poster.  Rock and roll music of the time is the constant background music for the entire exhibit.

In 1967, I may have been vaguely aware of San Francisco’s Summer of Love, but I was totally removed from it.  I’d just graduated from law school, and back in Chicago, I was immersed in studying for the Illinois bar exam.  I’d also begun to show up in the chambers of Judge Julius J. Hoffman, the federal district judge for whom I’d be a law clerk for the next two years.  [Judge Hoffman will be the subject of a future post or two.]

So although the whole country was hearing news stories about the antics of the thousands of hippies who flocked to Haight-Ashbury and Golden Gate Park in San Francisco, my focus was on my life in Chicago, with minimal interest in what was happening 2000 miles away.  For that reason, much of the exhibit at the de Young was brand-new to me.

The curators of the exhibit clearly chose to emphasize the creativity of the art, fashion, and music of the time.  At the same time, the exhibit largely ignores the downside of the Summer of Love—the widespread use of drugs, the unpleasant changes that took place in the quiet neighborhood around Haight-Ashbury, the problems created by the hordes of young people who filled Golden Gate Park.

But I was glad I saw it–twice.

You may decide to come to San Francisco to see this exhibit for yourself.

If you do, please don’t forget:  “If you’re going to San Francisco, be sure to wear some flowers in your hair.”

 

 

Proms and “The Twelfth of Never”

It’s prom season in America.

Do you remember your senior prom?

The twelfth of June never fails to remind me of mine.

The prom committee named our prom “The Twelfth of Never,” and it’s easy to remember why.  The prom took place on June 12th.  The name was also that of a popular song recorded by Johnny Mathis–one of my favorites on his album, “Johnny’s Greatest Hits.”

As one of Johnny’s fans, I owned this album and played it over and over till I knew the words to all of the songs, including this one.  Many of his songs became standards, and PBS has recently been showcasing his music in one of its most appealing fund-raising lures.

I immortalized the song title in my own small way by writing in my novel Jealous Mistress that the protagonist, Alison Ross, hears it playing while she shops in her supermarket in 1981: “My fellow shoppers were gliding up and down the aisles of the Jewel, picking items off shelves to the tune of ‘The Twelfth of Never.’”

When I was 11 or 12, my favorite crooner was Eddie Fisher, who was then at the top of his game.  But by my last year of high school, I’d shifted my loyalties to Johnny Mathis and Harry Belafonte.  In addition to Johnny’s album, I treasured Belafonte’s astonishing “Belafonte” LP and played it, like Johnny’s, over and over, learning those words, too.

Although I wasn’t part of the prom committee (I was busy chairing the luncheon committee), and “the twelfth of never” referred to a date when something was never going to happen, I was okay with the name the committee chose.  My more pressing concern was who would be my date.  Would it be my current crush, a friend since first grade who’d metamorphosed into the man of my dreams?  (I hoped so.)  Would it be last year’s junior prom date?  (I hoped not.)  Who exactly would it be?

As luck would have it, an amiable and very bright classmate named Allen stepped forward and asked me to go to the prom.  I could finally relax on that score.  But we weren’t really on the same wave length.  When we went on a few other dates before prom, they became increasingly awkward.

On one date we saw “Some Like It Hot” at a filled-to-capacity downtown Chicago movie theater, where we sat in the last row of the balcony.  The film was terrific (it’s been judged the top comedy film of all time by the American Film Institute), and Allen clearly loved it.  His delight unfortunately ended in an ache or two.  When he heard the last line, spoken by Joe E. Brown to Jack Lemmon (“Well, nobody’s perfect”), Allen laughed uproariously, threw his head back, and hit it on the wall behind our seats.  I felt sorry for him—it must have hurt—but it was still pretty hard to stifle a laugh.  (I don’t think it hurt his brainpower, though.  As I recall, Allen went on to enroll at MIT.)

Although the bloom was off the rose by the time the prom came along, Allen and I went off happily together to dance on the ballroom floor of the downtown Knickerbocker Hotel, noted for the floor’s colored lights.  (The Knickerbocker spent the 1970s as the icky Playboy Towers but since then reverted to its original name.)  We then proceeded to celebrate some more by watching the remarkable ice-skating show offered on a tiny rink surrounded by tables filled with patrons, like a bunch of us prom-goers, at still another big hotel downtown.

Most of us were unknowingly living through an era of innocence.  For some of my classmates, the prom may have involved heavy kissing, but I doubt that much more than that happened.  In my case, absolutely nothing happened except for a chaste kiss at the end of the evening.

For better or worse, proms have evolved into a whole different scene.  In April, The Wall Street Journal noted that although the rules of prom used to be simple, they’re more complicated today.  At Boylan Catholic High School in Illinois, for example, a 21-page rulebook governs acceptable prom-wear.  Other schools require pre-approval of the prom dresses students plan to wear–in one school by a coach, in another by a three-person committee.

Administrators add new rules every year “to address new trends and safety concerns.” These have included banning canes, boys’ ponytails, and saggy pants, as well as two-piece dresses that might reveal midriffs and dresses with mesh cutouts that suggest bare skin.

But students have begun to revolt.  The students at Boylan Catholic have organized their own prom, arguing that the 21-page dress code contributed to body-shaming.  They point to a rule that states: “Some girls may wear the same dress, but due to body types, one dress may be acceptable while the other is not.”  A male student who helped organize Morp (the alternative prom) said that “girls were offended…. Somebody needed to step up and do something.”

At a school in Alabama, one student hoped to take his grandmother to his prom since she’d never been to one, but her age exceeded the maximum of 20, so she wasn’t allowed to go.  The student was “mad,” skipped the school prom, and celebrated at his grandmother’s home instead.  Not surprisingly, the school defended its rule, stating that it wanted to discourage students’ inviting older relatives who might present a safety issue by drinking alcohol:  “It just causes problems.”  But the school district later joined with a senior center to host an annual prom for senior citizens.  Presumably, Granny went to a prom after all.

According to the Journal, New York City students have another option altogether.  The New York Public Library hosts an annual free “Anti-Prom” in June for students 12 to 18, who can attend in any garb they choose.

In the Bay Area, another phenomenon has occurred:  “promposals”–photos and videos posted on social media in which one student asks another one to prom.  The San Francisco Chronicle views these as a way for kids “to turn themselves into YouTube, Twitter and Instagram sensations.”  In 2014, a boy trotted up to school on a horse, holding a sign that asked his girlfriend to “ride to prom” with him.  Last year, a kid built a makeshift “castle” and wrote a Shakespearean-style play to ask a friend to prom.  And in Berkeley, a boy choreographed a hip-hop dance routine with a bunch of other kids and performed it for his hoped-for date in front of 200 classmates.

In April, the Chronicle reported data on the national emergence of promposals.  From only 17 on Twitter in 2009, the number grew to 764,000 in 2015, while on YouTube, videos went from 56,000 in 2009 to 180,000 last year.  (Millions of teens also post pictures about the prom itself on Instagram.)  The promposal phenomenon may be dying down, with fewer elaborate ones noted this year at a school in Oakland.  But who knows?

One thing we know for certain:  The high school prom-scene has changed.

But even though things have changed, prom-goers today are still teenagers much like us when we went to prom, with all of the insecurities and anxieties that go along with being a teen.

For me, mostly-happy memories of “The Twelfth of Never” return every year on the twelfth of June.   Maybe mostly-happy, or not-so-happy, memories of your prom return every year as well.

As Johnny’s song reminds us, our memories of prom can endure for “a long, long time.”

Watching the movie “Z”: A tale of two Hoffmans

January 1st marks an unusual anniversary for me.

On January 1, 1970, I watched the movie “Z”—a film I consider a powerful and enduring classic—under somewhat remarkable circumstances.

The 1969 film was directed by Costa-Gavras, a Greek-born filmmaker who lived in Paris. He based it on a book written in 1966 by Vassilis Vassilikos, who, using official documents, described the 1963 death of a Greek politician, Grigoris Lambrakis.

Lambrakis, an MD who taught at the medical school in Athens, was a leading pacifist and left-wing member of the Greek parliament. Shortly after speaking at an antiwar meeting in Thessaloniki, he was struck on the head by a club wielded by two far-right extremists. He later died of his injuries.

After his death, graffiti with the letter “Z” began to appear in Greek cities. Representing the growing protest against the right-wing government, it stood for the first letter of the Greek word, “Zi,” which means “he lives.”

In a filmed interview in 2009, Costa-Gavras discussed the making of “Z.” (You can watch this interview, as I did, on a DVD of “Z.”)

His focus was clear: political oppression. His cast: Yves Montand as Lambrakis, Irene Pappas as his wife, and Jean-Louis Trintignant as the prosecutor who slowly realizes what happened and is ultimately driven to seek justice against the wrongdoers.

In the film, a key scene takes place in front of the venue where Lambrakis is scheduled to give his speech. Many supporters have gathered to welcome him, but others in the crowd are demonstrators opposed to him and what he stands for. The local police are seen clubbing a few of the demonstrators. But it’s clear that the demonstrators are the bad guys–street toughs paid off by those in power to harm Lambrakis.

So it’s not the police who represent oppression here. Rather, it’s the demonstrators, one of whom strikes Lambrakis in the head. He’s stunned but goes ahead to give his speech. When leaving the venue, he’s struck once again, causing him to die later in the film.

Before he’s struck, Lambrakis asks, “Why do the ideas we stand for incite such violence?” Costa-Gavras’s answer: It’s all about power. Those in power will do anything to stay in power, and here that included the assassination of a political opponent.

Post-1963, Greek politics remained chaotic, and a 1967 coup by the military led to their control of the Greek government until their regime finally collapsed and democratic government was essentially restored in 1973.

I first saw “Z” at the Cinema movie theater in Chicago on New Year’s Day 1970.   The Cinema was an art-film theater located on Chicago Avenue near Michigan Avenue, and I saw many “art flicks” there when I was younger.  It’s long-gone, demolished and replaced by a high-rise building that includes a Neiman Marcus store.

I was a young lawyer working in an office that brought test cases on behalf of the poor.  I’d recently completed a clerkship with Judge Julius J. Hoffman, the judge who presided over “the Chicago 7 trial” (also called “the Chicago conspiracy trial”) that got underway in the fall of 1969 and was still ongoing in early 1970.  The trial stemmed from the turmoil engulfing the Democratic convention held in Chicago in 1968. (Happily, I never had to work on that trial. My clerkship was ending, and my co-clerk was assigned to that task.)

[FYI: I will discuss my tenure with Judge Hoffman in an upcoming post.]

I read about “Z” in Roger Ebert’s review in the Chicago Sun-Times in late December. Ebert was an unusually young and thoughtful movie critic, close to my own age, and I was a great fan of his reviews. This review, which called “Z” the best film of 1969, highlighted the political backdrop of corruption, and I was eager to see it.  I’d just said goodbye to a man I’d been dating—he was a bit too boring to abide any longer—and I set out on a cold and gray New Year’s Day to see the movie by myself. (As luck would have it, I met my adored and never-boring husband when I moved to sunny California a few months later.)

The film more than lived up to my expectations.  But what was especially striking about being in the audience that day was that, in the crowd waiting to enter the theater, was one of the “Chicago 7” defendants, Abbie Hoffman (no relation to Judge Hoffman).  In that era, Abbie Hoffman was a major figure in the protest movement opposing the government. All seven of the Chicago defendants were protesters indicted by “Tricky Dick” Nixon’s administration.

I didn’t agree with everything that Abbie Hoffman and his cohorts stood for, and I didn’t endorse their misconduct during the trial itself.  But I was opposed to the Vietnam War, sympathetic to other elements of the protest movement, and horrified later that year by events like the killings at Kent State.

As I watched “Z,” knowing that Abbie Hoffman was watching it at the very same time, I couldn’t help thinking of the parallels with Chicago.  Fortunately, our government (unlike the powerful right wing in Greece) didn’t promote assassination.

But there were parallels.  The attitude of local officials, including Mayor Richard J. Daley, toward the protesters who came to Chicago led to an overreaction by the Chicago police. Their violent conduct toward the protesters became obvious to everyone watching TV coverage of the Democratic convention. The U.S. Justice Department went on to indict Abbie Hoffman and the other defendants on charges brought under a law many viewed as unconstitutional.

But there was one sharp contrast between Chicago and Greece: the prosecutors.

I’d fallen halfway in love with Jean-Louis Trintignant when he starred in “A Man and a Woman,” a 1967 French film. Now, in “Z,” he portrayed a fair-minded prosecutor who becomes determined to hold the powerful to account. And he succeeds in indicting not only the two toughs who committed the murder but also the high-ranking military officers who supported them.

(The real-life prosecutor, Christos Sartzetakis, was twice arrested and imprisoned but triumphed after democracy was restored and was elected by the Greek parliament to serve as the country’s president from 1985 to 1990.)

By contrast, the prosecutors representing the Nixon administration in Chicago were politically ambitious and far from fair-minded. They were determined to convict the seven defendants, including Abbie Hoffman, whose protests during the convention had been largely peaceful. They secured as the trial judge a man whose usual bent was to rule in favor of the federal prosecutors who appeared before him, and he treated this trial like any other.

No one was killed in Chicago. And although the trial defendants were convicted, they were convicted only of contempt, and these convictions were mostly reversed by other courts. But the parallels between what transpired in Chicago and the story told in “Z” remain.

46 years later, “Z” is still a powerful film. And January 1, 1970, endures in my memory as a day that underscored the ugliness of political oppression both in Greece and in my own country.

The Summer of ’69

This is all about movies (one of my favorite topics), but first I need to set the scene.

In August 1969, I was immersed in a training session for idealistic young lawyers, part of the highly respected Reggie Program, which trained us to go out into the world to fight for justice for the underprivileged.

The program got its official name, the Reginald Heber Smith Community Lawyer Fellowship Program, from a Boston lawyer with that name. In an article he wrote in 1919, Smith shamed the legal profession into providing legal assistance to the poor.

By the middle of the 20th century, every city in the U.S. had some kind of legal aid program. The Reggie fellowships were aimed at adding to the ranks of lawyers devoted to helping the poor, and I was one of them.

Held on the leafy campus of Haverford College just outside Philadelphia, the Reggie program housed us in undergraduate dorms whose rooms, during that summer’s brutal heat wave, were insanely hot.

Many of my fellow Reggies and I resorted to seeking out whatever movies were playing at nearby theaters. It was so hot that we were willing to see anything in an air-conditioned theater.

We were lucky that summer. The summer of ‘69 turned out to offer a wealth of excellent films, along with a few that were just OK. And one was exceedingly, shockingly bad.

Among the outstanding films that summer were two that stood out: “Midnight Cowboy” and “Easy Rider.” Each, in its own way, shook my movie-going world. Maybe you remember them, too.

1969 later saw the appearance of some other notable films, including “Butch Cassidy and the Sundance Kid” (my husband resembled Robert Redford in that film so much I liked to call him the Sundance Kid), Woody Allen’s debut “Take the Money and Run,” and the classic “Z,” which I hope to write about in one of my future posts.

But the worst movie I saw that summer—not only that summer but possibly ever–was, to my amazement, praised in a recent newspaper review of its DVD. The reviewer wasn’t around in 1969 but foolishly put himself back in that era as though he had been.

According to the reviewer (I’ll call him Mike), this film, “The Maltese Bippy,” tried “to cash in on” the success of Dan Rowan & Dick Martin, who starred in a popular TV show called “Laugh-In.” Mike called the show “hands-down the swingingest, most happening thing on TV in the late 60s.”

Referring to the movie’s idiotic title, Mike wrote, “Believe it or not, some 46 years ago, if someone said, ‘You bet your bippy,’ people would fall over themselves laughing, amid speculation as to what a ‘bippy’ might be.”

Well, Mike, I was there, and no one I knew “fell over themselves laughing” when they heard that phrase. My friends and I watched “Laugh-In” because it featured some engaging performers and some innovative approaches to humor. Lily Tomlin became famous portraying the telephone operator Ernestine, and Goldie Hawn used the show to make her own leap to stardom.

But “You bet your bippy”? It was a silly phrase repeated ad nauseum by Dick Martin. Because the show was a phenomenon during that era, the producers were presumably trying to capitalize on its popularity when they made this film. But nobody in my circles laughed at Dick Martin’s constant repetition of that phrase.

Mike must have thought he was being funny when he added, “If the young people today truly understood this [stupid reference to a ‘bippy’], they’d appreciate what Baby Boomers had to go through, growing up with an older generation like this.”

Mike, I was in my 20s, not a member of what you called “the older generation.” My friends and I more properly fell into the Baby Boomer generation. Folks older than us didn’t watch “Laugh-In,” or if they did, they didn’t get most of the jokes.

Dick Martin was barely tolerable on the TV show and even worse on the big screen. In my view, he was far from Mike’s description of him as “enormously appealing.” His persona was smarmy, constantly smirking as he spouted one sexual innuendo after another.

What is laughable is Mike’s opinion that “if he were around today, he might have been a film star along the lines of Owen Wilson.” I’ve seen lots of films featuring Owen Wilson, and Dick Martin was nothing like him.

Sorry, Mike! I guess you had to be there.