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Review: Volume 17

Review: Volume 17


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Windward Review Vol. 17: Stories of South Texas, the Coastal Bend, and Border Regions

Art illustration by Trent Thigpen.

CORPUS CHRISTI, Texas – Following the 100th anniversary of the 1919 Hurricane that ravaged Corpus Christi Bay and as part of Hispanic Heritage Month at Texas A&M University-Corpus Christi, the largest volume of Windward Review will be released during the Windward Review Literary Publishing Reception and Open Mic on Thursday, Sept. 19, from 6-8:30 p.m. in University Center, Anchor Ballroom. Windward Review is a literary journal showcasing narratives unique to South Texas, the Coastal Bend, and border regions.

“Storytelling is an important way to share who we are and to witness the lived realities of the people in our communities. Our journal is a space to celebrate and/or raise awareness about those experiences and, especially, the voices, lives, histories, and cultures that may otherwise go unheard,” said Dr. Robin Carstensen, Creative Writing Coordinator and Assistant Professor of English at Texas A&M-Corpus Christi. Carstensen is also Senior Editor of Windward Review and The Switchgrass Review. “It’s also a way to document the major and unsung events of a diverse body of people along the border and coastal region, and represents how our lives intersect, the challenges we’ve faced, and what cultural dynamics have evolved in our day and age.”

New this year, Windward Review volume 17 features Hurricane Harvey narratives that were created by Islander history graduate students. As part of the Hurricane Harvey Oral History Project, which took place in fall 2017 and summer 2018, students collaborated with Coastal Bend community members, including State Representative Todd Hunter and Dr. Nancy Vera, Corpus Christi American Federation of Teachers President, to collect personal narratives regarding the tragedy and aftermath of Harvey.

“The human experience is best documented on a personal level, which is why interviews like these are such important contributions to history as a whole,” said Nicole Vickers, who took part in the Hurricane Harvey Oral History Project. “The history of individuals tells more of a story than a broad overview of facts, dates, and statistics ever will.”

Additionally, the volume contains four of Dr. Octavio Quintanilla’s FRONTEXTOS, a blend of poetry and visual media that Quintanilla posts on social media. According to the San Antonio Poet Laureate, he chose to write with frontera Spanish, a language commonly used along the border, to become more intimate with the language he grew up with and to resist anti-immigrant rhetoric and practices. His visual poems can also be seen at the Weslaco Museum, and have been featured at the AllState Almaguer art space in Mission, TX, and the Centro Cultural Hispano de San Marcos, San Marcos, TX.

“The creative writers and artists, whose voices are gathered in our journal, speak from the leading edge of a confluence of histories, cultures, and serious complex issues along the South Texas Gulf Coast region,” Carstensen said. “A&M-Corpus Christi was built by the Corpus Christi community to serve our community, and has grown to serve a much wider gulf coast region as a prominent educational institution. Our Windward Review editors and contributors are thrilled to be a central part of this leading edge.”

Windward Review is a national literary journal published by Texas A&M-Corpus Christi’s Department of English and Islander Creative Writers that features internationally and nationally distinguished, as well as emerging, writers. The journal includes work from Islander faculty, students, community members, and beyond.

Windward Review is currently accepting submissions for volume 18. Writers and artists of all genres are invited to submit work that speaks to any of the many dynamic borderland or South Texas experiences, including bilingual work and translations. Visit the Windward Review website for more information.


Index:Folk-lore - A Quarterly Review. Volume 17, 1906.djvu

Minutes of Meeting: Wednesday, 15th November, 1905 1
Minutes of Meeting: Wednesday, 20th December, 1905 2
Minutes of Twenty-eighth Annual Meeting: Wednesday, 17th January, 1906 4
Twenty-eighth Annual Report of the Council 6
Annual Accounts and Balance-Sheet, 1905 10
Presidential Address. W. H. D. Rouse 12
The European Sky-God IV., The Celts. Arthur Bernard Cook 27

Minutes of Meeting: Wednesday, 21st February, 1906 129
Minutes of Meeting: Wednesday, 21st March, 1906 130
Back-footed Beings. A. T. Crawford Cree 131
The European Sky-God V., The Celts. Arthur Bernard Cook 141
The Native Tribes of South-East Australia. A. W. Howitt 174

Minutes of Meeting : Wednesday, 25th April, 1906 . , 257
The Scape-Goat in European Folklore. N. W. Thomas 258
Notes in Reply to Mr. Howitt and Mr. Jevons. A. Lang 288
Dr. Howitt’s Defence of Group Marriage. N. W. Thomas 294
The European Sky-God VI., The Celts. Arthur Bernard Cook 308

IV. — (December, 1906.)
Minutes of Meeting: Wednesday, 16th May, 1906 385
Minutes of Meeting: Wednesday, 20th June, 1906 386
Custom and Belief in the Icelandic Sagas. L. Winifred Faraday 387
The European Sky-God VII., The Celts. Arthur Bernard Cook 427

Collectanea :—
Cropping Animals’ Ears. J. Smeaton Chase 72
Cat’s Cradle. W. Innes Pocock 73
Additions to The Games of Argyleshire, IV. R. C. Maclagan 93
Tree-Worship in China. A. R. Wright 190
Cairene Folklore, III. A. H. Sayce . 191
The Cure of Elf-shooting in the North-west of Ireland. Father Joseph Meehan , E.C. 200
Additions to The Games of Argyleshire, V. R. C. Maclagan 210
A Yorkshire Wassail-Box. E. Wright 349
Some English String-Tricks. W. Innes Pocock 351
Notes on Spanish Amulets. W. L. Hildburgh 454
Spanish Votive Offerings. W. L. Hildburgh 471
Travel Notes in South Africa. E. Sidney Hartland 472

Correspondence :—
The Native Tribes of South-East Australia. A. W. Howitt 107
“The Shade of the Balkans.” M. Edith Durham 111
Does the Folklore Society Exist for the Study of Early Institutions? H. A. Rose 111
Hand-Impressions instead of Seals. W. G. Aston 113
Betrothing Custom. W. Crooke 114
Translations of Folklore Publications. G. Laurence Gomme 230
The Legend of Merlin. Jessie L. Weston 230
Mr. Clodd on Crystal-Gazing. Andrew Lang 231
Does the Folklore Society Exist for the Study of Early Institutions ? Charlotte S. Burne 233
Crystal-Gazing. Edward Clodd 373
Two Queries. Andrew Lang 512

Reviews :—
K. Langloh Parker’s The Euahlayi Tribe. E. Sidney Hartland 115
W. A. Reed’s The Negritos of Zambales. W. Crooke 120
W. Barbrooke Grubb’s Among the Indians of the Paraguayan Chaco. E. Sidney Hartland 122
M. Mauss’s L’Origine des Pouvoirs Magiques dans les Sociétés Australiennes. E. Sidney Hartland 125
K. Th. Preuss’s Der Ursprung der Religion und Kunst. R. R Marett 126
Andrew Lang’s The Secret of the Totem. F. B. Jevons 236
Rafael Karsten’s The Origin of Worship. R. R. Marett 246
Matthew L. Hewat’s Bantu Folklore. Bertram C. A. Windle 248
The Czech Ethnographical Review. Francis P. Marchant 251
August Wünsche’s Der Sagenkreis der geprellten Teufel. E. Sidney Hartland 253
Albert Dieterich und Richard Wünsch’s Religionsgeschichtliche Versuche und Vorarbeiten, I., II., III. 253
Jeannie Gunn’s The Little Black Princess 254
Edward Clodd’s Animism: the Seed of Religion. R. R. Marett 254
Arithropos, Band I., Heft 1, 2. Charlotte S. Burne 256
J. G. Frazer’s Lectures on the Early History of the Kingship. F. Pollock 375
Gunnar Landtman’s The Origin of Priesthood. F. Pollock 379
E. K. Chambers’s The Mediæval Stage. Oliver Elton 379
Arnold van Gennep’s Mythes et Légendes d’Australie. E. Sidney Hartland 488
J. Rendel Harris’s The Cult of the Heavenly Twins. Dom R H. Conolly, O.S.B. 493
H. T. Francis’s The Jâtaka, Vol. V. W. Crooke 498
A. E. Dracott’s Simla Village Tales. W. Crooke 498
J. A. M‘Culloch’s The Childhood of Fiction. W. Crooke. 503
Mémoires du Congrès d’Orientalistes à Algers. J. B. Andrews 505

List of Works Dealing with the “Early Institutions” side of Folklore Studies. A. Nutt. 508

List of Plates :—
I. Donkey with Cropped Ears (Moqui Indians) To face page 72
II. Tree and Altar, Yung-ping-fu, China „ „ 190
III. Contents of a Wassail-Box . . 349
IV. Spanish Amulets: 1 . . . 456
V. Spanish Amulets: 2 . .460
VI. Spanish Amulets: 3 . . 464
VII. Spanish Amulets: 4 . . . 466
VIII. Spanish Amulets: 5 . .468
IX. Spanish Votive Offerings 471
X. Zulu Wedding at Henley: Processional Dance of the Amampumuza. . ,, „ 472
XI. Zulu Wedding at Henley: Men’s Dance . „ „ 473
XII. Zulu Wedding at Henley: Men’s Dance . „ „ 474
XIII. Zulu Wedding at Henley: The Bride and her Companions . 475
XIV. Zulu Wedding at Henley: The Government Marriage Officer . 476
XV. Zulu Witch-doctor’s Necklace . 483
XVI. Macharanga Village, near Umtali (Rhodesia), and Grain-Store in Macharanga Village ,, „ 486

P. 3, l. 15, for Llamas read lāmas.
P. 3, l. 20, for she-demons read Shĕ-demons.
P. 61, l. 24, for Dinnsenchus read Dinnsenchas.
P. 93, l. 3, for pestal read pestle.
P. 131, l. 10, for Erinys read Erinyes.
P. 251, l. 6, for Cech read Czech.
P. 290, n., add bracket ] at end.
P. 395, l. 16, for Balder read Baldr.
P. 458, l. 7, for VII read VI.
P. 458, l. 11, for VII read VI.
P. 458, l. 13, for VII read VI.
P. 458, l. 15, for VII read V.
P. 460, l. 33, for V read VIII.


CONTENTS BY ISSUE (1956�)Combined PDFs of the Author and Subject indexes for the years of 1957 though 1969 are available by clicking here

Volume 17 Number 3 (Whole No. 136), Summer 1956
INTERNATIONAL SOCIALIST REVIEW formerly Fourth International Published quarterly by the Fourth International Publishing Association

Editor:
JOSEPH HANSEN
Business Manager:
ANNE CHESTER

FROM THE ARSENAL OF MARXISM:

Inside Front Cover: To Our Readers

Volume 17 Number 4 (Whole No. 137), Fall 1956
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
JOSEPH HANSEN
Business Manager:
ANNE CHESTER
Managing Editor:
DUNCAN FERGUSON

The Case for Socialism, by the Editors of The Reasoner

Volume 18 Number 1 (Whole No. 138), Winter 1957
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association.

Editor:
JOSEPH HANSEN
Business Manager:
FRANCES JAMES
Managing Editor:
DUNCAN FERGUSON

The High and the Mighty, by William F. Warde
A Review Article on the Power Elite

Inside Front Cover: From Our Readers

Volume 18 Number 2 (Whole No. 139) Spring 1957
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association.

Editor:
JOSEPH HANSEN
Business Manager:
FRANCES JAMES
Managing Editor:
DUNCAN FERGUSON

BOOK REVIEWS:

Inside Front Cover: From Our Readers

Volume 18 Number 3 (Whole No. 140), Summer 1957
INTERNATIONAL SOCIALIST REVIEW Published quarterly

Editor:
JOSEPH HANSEN
Business Manager:
FRANCES JAMES
Managing Editor:
DUNCAN FERGUSON

[WITHOUT COMMENT:]

HOW TO BUILD AN ANTI-MONOPOLY COALITION:

Inside Front Cover: Ahead of the Dodgers

Volume 18 Number 4 (Whole No. 141), Fall 1957
INTERNATIONAL SOCIALIST REVIEW Published quarterly

Editor:
JOSEPH HANSEN
Business Manager:
FRANCES JAMES
Managing Editor:
DUNCAN FERGUSON

[WITHOUT COMMENT:]

Inside Front Cover: After Investigating

Volume 19 Number 1 (Whole No. 142), Winter 1958
INTERNATIONAL SOCIALIST REVIEW Published quarterly

Editor:
JOSEPH HANSEN
Business Manager:
FRANCES JAMES
Managing Editor:
DUNCAN FERGUSON

[WITHOUT COMMENT:]

Inside Front Cover: A Growing Trend

Volume 19 Number 2 (Whole No. 143), Spring 1958
INTERNATIONAL SOCIALIST REVIEW Published quarterly

Editor:
JOSEPH HANSEN
Business Manager:
BEATRICE ALLEN
Managing Editor:
DUNCAN FERGUSON

[WITHOUT COMMENT]:

Inside Front Cover: A Testimonial

Volume 19 Number 3 (Whole No. 144), Summer 1958
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
JOSEPH HANSEN
Business Manager:
BEATRICE ALLEN
Managing Editor:
DUNCAN FERGUSON

[WITHOUT COMMENT:]

    , by Hilde Macleod
      , by W.F.W.
      , by Joseph Hansen
      , by F.J. Wells
      by Robert Chester
      , by John Liang
      , by Lois Saunders
     

Inside Front Cover: A Milestone

Volume 19 Number 4 (Whole No. 145), Fall 1958
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
JOSEPH HANSEN
Business Manager:
BEATRICE ALLEN
Managing Editor:
DUNCAN FERGUSON

[WITHOUT COMMENT:]

    , by Joseph Hansen
      , by Robert Chester
      , by Tom Kerry
      , by Milton Alvin
      , by Theodore Edwards
      by Lois Saunders
     

Inside Front Cover: Another Step Ahead

Volume 20 Number 1 (Whole No. 146), Winter 1959
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
JOSEPH HANSEN
Business Manager:
BEATRICE ALLEN
Managing Editor:
DUNCAN FERGUSON

[WITHOUT COMMENT:]

Volume 20 Number 2 (Whole No. 147), Spring 1959
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
JOSEPH HANSEN
Business Manager:
KAROLYN KERRY

[WITHOUT COMMENT:]

Inside Front Cover: After the Debate

Volume 20 Number 3 (Whole No. 148), Summer 1959
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
JOSEPH HANSEN
Business Manager:
KAROLYN KERRY

Inside Front Cover: Correspondence

Volume 20 Number 4 (Whole No. 149), Fall 1959
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Business Manager:
KAROLYN KERRY

Inside Front Cover: What Policy for 1960?

Volume 21 Number 1 (Whole No. 150), Winter 1960
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY

[WITHOUT COMMENT:]

    , by Joseph Hansen
      by David Dreiser
      , by Frances James
      , by John Marshall
      , by Evelyn Sell
      , by Jean Blake
     

Inside Front Cover: Welcome to Our New Readers

Volume 21 Number 2 (Whole No. 151), Spring 1960
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY

Inside Front Cover: Correspondence

Volume 21 Number 3 (Whole No. 152), Summer 1960
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
TIM WOHLFORTH

Inside Front Cover: Periodicals in Review, by Tim Wohlforth

Volume 21 Number 4 (Whole No. 153), Fall 1960
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
TIM WOHLFORTH

Inside Front Cover: Correspondence

Volume 22 Number 1 (Whole No. 154), Winter 1961
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
TIM WOHLFORTH

Volume 22 Number 2 (Whole No. 155), Spring 1961
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
MYRA TANNER WEISS
TIM WOHLFORTH

Inside Front Cover: Correspondence

Volume 22 Number 3 (Whole No. 156), Summer 1961
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
MYRA TANNER WEISS
TIM WOHLFORTH

CORRESPONDENCE

The Struggle for World Socialism, Resolution of the Socialist Workers Party National Convention

Volume 22 Number 4 (Whole No. 157), Fall 1961
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
MYRA TANNER WEISS
TIM WOHLFORTH

[WITHOUT COMMENT:]

Inside Front Cover: Monroe, N.C.

Volume 23 Number 1 (Whole No. 158), Winter 1962
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
MYRA TANNER WEISS
TIM WOHLFORTH

[WITHOUT COMMENT:]

    , by Shane Mage
      , by Carol Lawrence
      , by Arthur Phelps
      , by Tim Wohlforth
      by Lillian Kiezel
      , by Bert Deck
     
     
Volume 23 Number 2 (Whole No. 159), Spring 1962
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
MYRA TANNER WEISS
TIM WOHLFORTH

Inside Front Cover: Correspondence

Volume 23 Number 3 (Whole No. 160), Summer 1962
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association, 116

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
MYRA TANNER WEISS
TIM WOHLFORTH

Inside Front Cover: Correspondence

Volume 23 Number 4 (Whole No. 161), Fall 1962
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
MYRA TANNER WEISS
TIM WOHLFORTH

[WITHOUT COMMENT:]

    , by Myra Tanner Weiss
      , by Maria di Savio
      , by Maria di Savio
      , by Martha Curti
      , by Fred Mazelis
      , by Tim Wohlforth
      , by Tim Wohlforth
      , by Shane Mage
      , by Fred Halstead
     

Inside Front Cover: Correspondence

Volume 24 Number 1 (Whole No. 162), Winter 1963
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
MURRY WEISS
Managing Editor:
BERT DECK
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
ART PREIS
MYRA TANNER WEISS
TIM WOHLFORTH

Inside Front Cover: Correspondence

Volume 24 Number 2 (Whole No. 163), Spring 1963
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
Tom Kerry
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
ART PREIS
MYRA TANNER WEISS
TIM WOHLFORTH

CORRESPONDENCE:

Inside Front Cover: Editor’s Corner

Volume 24 Number 3 (Whole No. 164), Summer 1963
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
Tom Kerry
Business Manager:
KAROLYN KERRY
Editorial Board:
JOSEPH HANSEN
SHANE MAGE
ART PREIS
MYRA TANNER WEISS
TIM WOHLFORTH.

Inside Front Cover: Correspondence, from Barry Sheppard

Volume 24 Number 4 (Whole No. 165), Fall 1963
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Business Manager:
KAROLYN KERRY
Book Review Editor:
HEDDA GARZA

Freedom Now, Resolution of 1963 SWP Convention

Dynamics of World Revolution Today, Resolution fo World Congress of the Fourth International

Volume 25 Number 1 (Whole No. 166), Winter 1964
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Business Manager:
KAROLYN KERRY
Book Review Editor:
HEDDA GARZA.

Volume 25 Number 2 (Whole No. 167), Spring 1964
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Business Manager:
KAROLYN KERRY
Book Review Editor:
HEDDA GARZA

Volume 25 Number 3 (Whole No. 168), Summer 1964
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Business Manager:
KAROLYN KERRY
Book Review Editor:
HEDDA GARZA

CORRESPONDENCE:

BOOK REVIEWS:

    , by Tom Kerry
      , by George Saunders
      , by Jay Garnett
      , by Ralph Levitt
      , by H.S.E.
     
  • Reviews in Brief:
Volume 25 Number 4 (Whole No. 169), Fall 1964
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Business Manager:
KAROLYN KERRY
Assistant Editor:
DICK ROBERTS.

BOOK REVIEWS:

INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association
Volume 26 Number 1 (Whole No. 170), Winter 1965

Editor:
TOM KERRY
Business Manager:
KAROLYN KERRY
Assistant Editor:
DICK ROBERTS

CORRESPONDENCE:

BOOKS IN REVIEW:

INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association
Volume 26 Number 2 (Whole No. 171), Spring 1965

Editor:
TOM KERRY
Business Manager:
KAROLYN KERRY
Assistant Editor:
DICK ROBERTS

Reviews in Brief:

Inside Front Cover: Hands Off the Vietnamese Revolution, by the United Secretariat of the Fourth International

Volume 26 Number 3 (Whole No. 172), Summer 1965
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Business Manager:
KAROLYN KERRY
Assistant Editor:
DICK ROBERTS

Inside Front Cover: Apartheid Arrests Continue, by Robert Langston

Volume 26 Number 4 (Whole No. 173), Fall 1965
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Business Manager:
KAROLYN KERRY
Design:
MARA RIS

[WITHOUT COMMENT:]

Inside Front cover: A Trotsky Anthology, by Joseph Hansen

Volume 27 Number 1 (Whole No. 174), Winter 1966
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association,

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Business Manager:
KAROLYN KERRY

ANTI-WAR DOCUMENTS:

Volume 27 Number 2 (Whole No. 175), Spring 1966
INTERNATIONAL SOCIALIST REVIEW Published quarterly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Business Manager:
KAROLYN KERRY

Volume 27 Number 3 (Whole No. 176), Summer 1966
INTERNATIONAL SOCIALIST REVIEW Published Quarterly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Business Manager:
KAROLYN KERRY
Book Review Editor:
ARTHUR MAGLIN

Brief Reviews:

Volume 27 Number 4 (Whole No. 177), Fall 1966
INTERNATIONAL SOCIALIST REVIEW Published Quarterly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Business Manager:
KAROLYN KERRY
Book Review Editor:
ARTHUR MAGLIN

Brief Reviews:

Volume 28 Number 1 (Whole No. 178), January-February 1967
INTERNATIONAL SOCIALIST REVIEW Published bimonthly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor
DICK ROBERTS
Business Manager
KAROLYN KERRY
Book Review Editor
ARTHUR MAGLIN

Volume 28 Number 2 (Whole No. 179), March-April 1967
INTERNATIONAL SOCIALIST REVIEW Published bimonthly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Business Manager:
KAROLYN KERRY
Book Review Editor:
ARTHUR MAGLIN

Inside Front Cover: Our Next Issue

Volume 28 Number 3 (Whole No. 180), May-June 1967
INTERNATIONAL SOCIALIST REVIEW Published bimonthly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Business Manager:
KAROLYN KERRY
Book Review Editor:
ARTHUR MAGLIN

Volume 28 Number 4 (Whole No. 181), July-August 1967
INTERNATIONAL SOCIALIST REVIEW Published bimonthly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Business Manager:
KAROLYN KERRY
Book Review Editor:
ARTHUR MAGLIN

Volume 28 Number 5 (Whole No. 182), September-October 1967
INTERNATIONAL SOCIALIST REVIEW Published bimonthly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Business Manager:
KAROLYN KERRY
Book Review Editor:
ARTHUR MAGLIN

MYTHS ABOUT MALCOLM X: TWO VIEWS:

BOOK REVIEWS:

Volume 28 Number 6 (Whole No. 183), November-December 1967
INTERNATIONAL SOCIALIST REVIEW Published bimonthly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Business Manager:
KAROLYN KERRY
Book Review Editor:
ARTHUR MAGLIN

THE OLAS CONFERENCE:

Volume 29 Number 1 (Whole No. 184), January-February 1968
INTERNATIONAL SOCIALIST REVIEW Published bimonthly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Book Review Editor:
ARTHUR MAGLIN
Business Manager:
BEVERLY SCOTT

Volume 29 Number 2 (Whole No. 185), March-April 1968
INTERNATIONAL SOCIALIST REVIEW Published bimonthly by the International Socialist Review Publishing Association

Editor:
TOM KERRY
Managing Editor:
DICK ROBERTS
Associate Editor:
GEORGE NOVACK
Book Review Editor:
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Antiwar GIs Speak
Interviews with Fort Jackson GIs United Against the War, by Fred Halstead

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Marxism and Christianity: Are They Compatible? A debate by Theodore Edwards and Rev. Blase Bonpane

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Contents

The Statute of Monopolies (1624) and the British Statute of Anne (1710) are seen as the origins of patent law and copyright respectively, [12] firmly establishing the concept of intellectual property.

"Literary property" was the term predominantly used in the British legal debates of the 1760s and 1770s over the extent to which authors and publishers of works also had rights deriving from the common law of property (Millar v Taylor (1769), Hinton v Donaldson (1773), Donaldson v Becket (1774)). The first known use of the term intellectual property dates to this time, when a piece published in the Monthly Review in 1769 used the phrase. [13] The first clear example of modern usage goes back as early as 1808, when it was used as a heading title in a collection of essays. [14]

The German equivalent was used with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property (Schutz des geistigen Eigentums) to the confederation. [15] When the administrative secretariats established by the Paris Convention (1883) and the Berne Convention (1886) merged in 1893, they located in Berne, and also adopted the term intellectual property in their new combined title, the United International Bureaux for the Protection of Intellectual Property.

The organization subsequently relocated to Geneva in 1960 and was succeeded in 1967 with the establishment of the World Intellectual Property Organization (WIPO) by treaty as an agency of the United Nations. According to legal scholar Mark Lemley, it was only at this point that the term really began to be used in the United States (which had not been a party to the Berne Convention), [8] and it did not enter popular usage there until passage of the Bayh-Dole Act in 1980. [16]

"The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558–1603) for monopoly privileges. Approximately 200 years after the end of Elizabeth's reign, however, a patent represents a legal right obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention. demonstrating the evolution of patents from royal prerogative to common-law doctrine." [17]

The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown., in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own. as the wheat he cultivates, or the flocks he rears." [18] The statement that "discoveries are..property" goes back earlier. Section 1 of the French law of 1791 stated, "All new discoveries are the property of the author to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him a patent for five, ten or fifteen years." [19] In Europe, French author A. Nion mentioned propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs, published in 1846.

Until recently, the purpose of intellectual property law was to give as little protection as possible in order to encourage innovation. Historically, therefore, they were granted only when they were necessary to encourage invention, limited in time and scope. [20] This is mainly as a result of knowledge being traditionally viewed as a public good, in order to allow its extensive dissemination and improvement thereof. [21]

The concept's origin can potentially be traced back further. Jewish law includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as property does not seem to exist – notably the principle of Hasagat Ge'vul (unfair encroachment) was used to justify limited-term publisher (but not author) copyright in the 16th century. [22] In 500 BCE, the government of the Greek state of Sybaris offered one year's patent "to all who should discover any new refinement in luxury". [23]

According to Jean-Frédéric Morin, "the global intellectual property regime is currently in the midst of a paradigm shift". [24] Indeed, up until the early 2000s the global IP regime used to be dominated by high standards of protection characteristic of IP laws from Europe or the United States, with a vision that uniform application of these standards over every country and to several fields with little consideration over social, cultural or environmental values or of the national level of economic development. Morin argues that "the emerging discourse of the global IP regime advocates for greater policy flexibility and greater access to knowledge, especially for developing countries." Indeed, with the Development Agenda adopted by WIPO in 2007, a set of 45 recommendations to adjust WIPO's activities to the specific needs of developing countries and aim to reduce distortions especially on issues such as patients’ access to medicines, Internet users’ access to information, farmers’ access to seeds, programmers’ access to source codes or students’ access to scientific articles. [25] However, this paradigm shift has not yet manifested itself in concrete legal reforms at the international level. [26]

Similarly, it is based on these background that the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement requires members of the WTO to set minimum standards of legal protection, but its objective to have a “one-fits-all” protection law on Intellectual Property has been viewed with controversies regarding differences in the development level of countries. [27] Despite the controversy, the agreement has extensively incorporated intellectual property rights into the global trading system for the first time in 1995, and has prevailed as the most comprehensive agreement reached by the world. [28]

Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, [29] and in some jurisdictions trade secrets. There are also more specialized or derived varieties of sui generis exclusive rights, such as circuit design rights (called mask work rights in the US), supplementary protection certificates for pharmaceutical products (after expiry of a patent protecting them), and database rights (in European law). The term "industrial property" is sometimes used to refer to a large subset of intellectual property rights including patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indications. [30]

Patents Edit

A patent is a form of right granted by the government to an inventor or their successor-in-title, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process and generally has to fulfill three main requirements: it has to be new, not obvious and there needs to be an industrial applicability. [31] : 17 To enrich the body of knowledge and stimulate innovation, it is an obligation for patent owners to disclose valuable information about their inventions to the public. [32]

Copyright Edit

A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". [33] [34] Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed. [35]

Industrial design rights Edit

An industrial design right (sometimes called "design right" or design patent) protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Generally speaking, it is what makes a product look appealing, and as such, it increases the commercial value of goods. [32]

Plant varieties Edit

Plant breeders' rights or plant variety rights are the rights to commercially use a new variety of a plant. The variety must amongst others be novel and distinct and for registration the evaluation of propagating material of the variety is considered.

Trademarks Edit

A trademark is a recognizable sign, design or expression which distinguishes products or services of a particular trader from similar products or services of other traders. [36] [37] [38]

Trade dress Edit

Trade dress is a legal term of art that generally refers to characteristics of the visual and aesthetic appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. [39]

Trade secrets Edit

A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors and customers. There is no formal government protection granted each business must take measures to guard its own trade secrets (e.g., Formula of its soft drinks is a trade secret for Coca-Cola.)

The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. [9] To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. Because they can then profit from them, this gives economic incentive for their creation. [9] The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property is indivisible – an unlimited number of people can "consume" an intellectual good without it being depleted. Additionally, investments in intellectual goods suffer from problems of appropriation – while a landowner can surround their land with a robust fence and hire armed guards to protect it, a producer of information or an intellectual good can usually do very little to stop their first buyer from replicating it and selling it at a lower price. Balancing rights so that they are strong enough to encourage the creation of information and intellectual goods but not so strong that they prevent their wide use is the primary focus of modern intellectual property law. [11]

By exchanging limited exclusive rights for disclosure of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive is created for inventors and authors to create and disclose their work. Some commentators have noted that the objective of intellectual property legislators and those who support its implementation appears to be "absolute protection". "If some intellectual property is desirable because it encourages innovation, they reason, more is better. The thinking is that creators will not have sufficient incentive to invent unless they are legally entitled to capture the full social value of their inventions". [20] This absolute protection or full value view treats intellectual property as another type of "real" property, typically adopting its law and rhetoric. Other recent developments in intellectual property law, such as the America Invents Act, stress international harmonization. Recently there has also been much debate over the desirability of using intellectual property rights to protect cultural heritage, including intangible ones, as well as over risks of commodification derived from this possibility. [40] The issue still remains open in legal scholarship.

Financial incentive Edit

These exclusive rights allow owners of intellectual property to benefit from the property they have created, providing a financial incentive for the creation of an investment in intellectual property, and, in case of patents, pay associated research and development costs. [41] In the United States Article I Section 8 Clause 8 of the Constitution, commonly called the Patent and Copyright Clause, reads "The Congress shall have power 'To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.'" [42] ”Some commentators, such as David Levine and Michele Boldrin, dispute this justification. [43]

In 2013 the United States Patent & Trademark Office approximated that the worth of intellectual property to the U.S. economy is more than US $5 trillion and creates employment for an estimated 18 million American people. The value of intellectual property is considered similarly high in other developed nations, such as those in the European Union. [44] In the UK, IP has become a recognised asset class for use in pension-led funding and other types of business finance. However, in 2013, the UK Intellectual Property Office stated: "There are millions of intangible business assets whose value is either not being leveraged at all, or only being leveraged inadvertently". [45]

Economic growth Edit

The WIPO treaty and several related international agreements underline that the protection of intellectual property rights is essential to maintaining economic growth. The WIPO Intellectual Property Handbook gives two reasons for intellectual property laws:

One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. [46]

The Anti-Counterfeiting Trade Agreement (ACTA) states that "effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally". [47]

Economists estimate that two-thirds of the value of large businesses in the United States can be traced to intangible assets. [48] "IP-intensive industries" are estimated to generate 72 percent more value added (price minus material cost) per employee than "non-IP-intensive industries". [49] [ dubious – discuss ]

A joint research project of the WIPO and the United Nations University measuring the impact of IP systems on six Asian countries found "a positive correlation between the strengthening of the IP system and subsequent economic growth." [50]

Morality Edit

According to Article 27 of the Universal Declaration of Human Rights, "everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author". [51] Although the relationship between intellectual property and human rights is a complex one, [52] there are moral arguments for intellectual property.

The arguments that justify intellectual property fall into three major categories. Personality theorists believe intellectual property is an extension of an individual. Utilitarians believe that intellectual property stimulates social progress and pushes people to further innovation. Lockeans argue that intellectual property is justified based on deservedness and hard work. [53]

Various moral justifications for private property can be used to argue in favor of the morality of intellectual property, such as:

  1. Natural Rights/Justice Argument: this argument is based on Locke's idea that a person has a natural right over the labour and products which are produced by their body. Appropriating these products is viewed as unjust. Although Locke had never explicitly stated that natural right applied to products of the mind, [54] it is possible to apply his argument to intellectual property rights, in which it would be unjust for people to misuse another's ideas. [55] Locke's argument for intellectual property is based upon the idea that laborers have the right to control that which they create. They argue that we own our bodies which are the laborers, this right of ownership extends to what we create. Thus, intellectual property ensures this right when it comes to production.
  2. Utilitarian-Pragmatic Argument: according to this rationale, a society that protects private property is more effective and prosperous than societies that do not. Innovation and invention in 19th century America has been attributed to the development of the patent system. [56] By providing innovators with "durable and tangible return on their investment of time, labor, and other resources", intellectual property rights seek to maximize social utility. [57] The presumption is that they promote public welfare by encouraging the "creation, production, and distribution of intellectual works". [57] Utilitarians argue that without intellectual property there would be a lack of incentive to produce new ideas. Systems of protection such as Intellectual property optimize social utility.
  3. "Personality" Argument: this argument is based on a quote from Hegel: "Every man has the right to turn his will upon a thing or make the thing an object of his will, that is to say, to set aside the mere thing and recreate it as his own". [58] European intellectual property law is shaped by this notion that ideas are an "extension of oneself and of one's personality". [59] Personality theorists argue that by being a creator of something one is inherently at risk and vulnerable for having their ideas and designs stolen and/or altered. Intellectual property protects these moral claims that have to do with personality.

Lysander Spooner (1855) argues "that a man has a natural and absolute right—and if a natural and absolute, then necessarily a perpetual, right—of property, in the ideas, of which he is the discoverer or creator that his right of property, in ideas, is intrinsically the same as, and stands on identically the same grounds with, his right of property in material things that no distinction, of principle, exists between the two cases". [60]

Writer Ayn Rand argued in her book Capitalism: The Unknown Ideal that the protection of intellectual property is essentially a moral issue. The belief is that the human mind itself is the source of wealth and survival and that all property at its base is intellectual property. To violate intellectual property is therefore no different morally than violating other property rights which compromises the very processes of survival and therefore constitutes an immoral act. [61]

Violation of intellectual property rights, called "infringement" with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be a breach of civil law or criminal law, depending on the type of intellectual property involved, jurisdiction, and the nature of the action.

As of 2011 trade in counterfeit copyrighted and trademarked works was a $600 billion industry worldwide and accounted for 5–7% of global trade. [62]

Patent infringement Edit

Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder. The scope of the patented invention or the extent of protection [63] is defined in the claims of the granted patent. There is safe harbor in many jurisdictions to use a patented invention for research. This safe harbor does not exist in the US unless the research is done for purely philosophical purposes, or in order to gather data in order to prepare an application for regulatory approval of a drug. [64] In general, patent infringement cases are handled under civil law (e.g., in the United States) but several jurisdictions incorporate infringement in criminal law also (for example, Argentina, China, France, Japan, Russia, South Korea). [65]

Copyright infringement Edit

Copyright infringement is reproducing, distributing, displaying or performing a work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator. It is often called "piracy". [66] While copyright is created the instant a work is fixed, generally the copyright holder can only get money damages if the owner registers the copyright. [ citation needed ] Enforcement of copyright is generally the responsibility of the copyright holder. [67] The ACTA trade agreement, signed in May 2011 by the United States, Japan, Switzerland, and the EU, and which has not entered into force, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement. [62] [68] There are limitations and exceptions to copyright, allowing limited use of copyrighted works, which does not constitute infringement. Examples of such doctrines are the fair use and fair dealing doctrine.

Trademark infringement Edit

Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services of the other party. In many countries, a trademark receives protection without registration, but registering a trademark provides legal advantages for enforcement. Infringement can be addressed by civil litigation and, in several jurisdictions, under criminal law. [62] [68]

Trade secret misappropriation Edit

Trade secret misappropriation is different from violations of other intellectual property laws, since by definition trade secrets are secret, while patents and registered copyrights and trademarks are publicly available. In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act. The United States also has federal law in the form of the Economic Espionage Act of 1996 (18 U.S.C. §§ 1831–1839), which makes the theft or misappropriation of a trade secret a federal crime. This law contains two provisions criminalizing two sorts of activity. The first, 18 U.S.C. § 1831(a) , criminalizes the theft of trade secrets to benefit foreign powers. The second, 18 U.S.C. § 1832, criminalizes their theft for commercial or economic purposes. (The statutory penalties are different for the two offenses.) In Commonwealth common law jurisdictions, confidentiality and trade secrets are regarded as an equitable right rather than a property right but penalties for theft are roughly the same as in the United States. [ citation needed ]

The term "intellectual property" Edit

Criticism of the term intellectual property ranges from discussing its vagueness and abstract overreach to direct contention to the semantic validity of using words like property and rights in fashions that contradict practice and law. Many detractors think this term specially serves the doctrinal agenda of parties opposing reform in the public interest or otherwise abusing related legislations, and that it disallows intelligent discussion about specific and often unrelated aspects of copyright, patents, trademarks, etc. [69]

Free Software Foundation founder Richard Stallman argues that, although the term intellectual property is in wide use, it should be rejected altogether, because it "systematically distorts and confuses these issues, and its use was and is promoted by those who gain from this confusion". He claims that the term "operates as a catch-all to lump together disparate laws [which] originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues" and that it creates a "bias" by confusing these monopolies with ownership of limited physical things, likening them to "property rights". [70] Stallman advocates referring to copyrights, patents and trademarks in the singular and warns against abstracting disparate laws into a collective term. He argues that "to avoid spreading unnecessary bias and confusion, it is best to adopt a firm policy not to speak or even think in terms of 'intellectual property'." [71]

Similarly, economists Boldrin and Levine prefer to use the term "intellectual monopoly" as a more appropriate and clear definition of the concept, which, they argue, is very dissimilar from property rights. [72] They further argued that "stronger patents do little or nothing to encourage innovation", mainly explained by its tendency to create market monopolies, thereby restricting further innovations and technology transfer. [73]

On the assumption that intellectual property rights are actual rights, Stallman says that this claim does not live to the historical intentions behind these laws, which in the case of copyright served as a censorship system, and later on, a regulatory model for the printing press that may have benefited authors incidentally, but never interfered with the freedom of average readers. [74] Still referring to copyright, he cites legal literature such as the United States Constitution and case law to demonstrate that the law is meant to be an optional and experimental bargain to temporarily trade property rights and free speech for public, not private, benefits in the form of increased artistic production and knowledge. He mentions that "if copyright were a natural right nothing could justify terminating this right after a certain period of time". [75]

Law professor, writer and political activist Lawrence Lessig, along with many other copyleft and free software activists, has criticized the implied analogy with physical property (like land or an automobile). They argue such an analogy fails because physical property is generally rivalrous while intellectual works are non-rivalrous (that is, if one makes a copy of a work, the enjoyment of the copy does not prevent enjoyment of the original). [76] [77] Other arguments along these lines claim that unlike the situation with tangible property, there is no natural scarcity of a particular idea or information: once it exists at all, it can be re-used and duplicated indefinitely without such re-use diminishing the original. Stephan Kinsella has objected to intellectual property on the grounds that the word "property" implies scarcity, which may not be applicable to ideas. [78]

Entrepreneur and politician Rickard Falkvinge and hacker Alexandre Oliva have independently compared George Orwell's fictional dialect Newspeak to the terminology used by intellectual property supporters as a linguistic weapon to shape public opinion regarding copyright debate and DRM. [79] [80]

Alternative terms Edit

In civil law jurisdictions, intellectual property has often been referred to as intellectual rights, traditionally a somewhat broader concept that has included moral rights and other personal protections that cannot be bought or sold. Use of the term intellectual rights has declined since the early 1980s, as use of the term intellectual property has increased.

Alternative terms monopolies on information and intellectual monopoly have emerged among those who argue against the "property" or "intellect" or "rights" assumptions, notably Richard Stallman. The backronyms intellectual protectionism and intellectual poverty, [81] whose initials are also IP, have found supporters as well, especially among those who have used the backronym digital restrictions management. [82] [83]

The argument that an intellectual property right should (in the interests of better balancing of relevant private and public interests) be termed an intellectual monopoly privilege (IMP) has been advanced by several academics including Birgitte Andersen [84] and Thomas Alured Faunce. [85]

Objections to overly broad intellectual property laws Edit

Some critics of intellectual property, such as those in the free culture movement, point at intellectual monopolies as harming health (in the case of pharmaceutical patents), preventing progress, and benefiting concentrated interests to the detriment of the masses, [86] [87] [88] [89] and argue that the public interest is harmed by ever-expansive monopolies in the form of copyright extensions, software patents, and business method patents. More recently scientists and engineers are expressing concern that patent thickets are undermining technological development even in high-tech fields like nanotechnology. [90] [91]

Petra Moser has asserted that historical analysis suggests that intellectual property laws may harm innovation:

Overall, the weight of the existing historical evidence suggests that patent policies, which grant strong intellectual property rights to early generations of inventors, may discourage innovation. On the contrary, policies that encourage the diffusion of ideas and modify patent laws to facilitate entry and encourage competition may be an effective mechanism to encourage innovation. [92]

In support of that argument, Jörg Baten, Nicola Bianchi and Petra Moser [93] find historical evidence that especially compulsory licensing – which allows governments to license patents without the consent of patent-owners – encouraged invention in Germany in the early 20th century by increasing the threat of competition in fields with low pre-existing levels of competition.

Peter Drahos notes, "Property rights confer authority over resources. When authority is granted to the few over resources on which the many depend, the few gain power over the goals of the many. This has consequences for both political and economic freedom within a society." [94] : 13

The World Intellectual Property Organization (WIPO) recognizes that conflicts may exist between the respect for and implementation of current intellectual property systems and other human rights. [95] In 2001 the UN Committee on Economic, Social and Cultural Rights issued a document called "Human rights and intellectual property" that argued that intellectual property tends to be governed by economic goals when it should be viewed primarily as a social product in order to serve human well-being, intellectual property systems must respect and conform to human rights laws. According to the Committee, when systems fail to do so, they risk infringing upon the human right to food and health, and to cultural participation and scientific benefits. [96] [97] In 2004 the General Assembly of WIPO adopted The Geneva Declaration on the Future of the World Intellectual Property Organization which argues that WIPO should "focus more on the needs of developing countries, and to view IP as one of many tools for development—not as an end in itself". [98]

Ethical problems are most pertinent when socially valuable goods like life-saving medicines are given IP protection. While the application of IP rights can allow companies to charge higher than the marginal cost of production in order to recoup the costs of research and development, the price may exclude from the market anyone who cannot afford the cost of the product, in this case a life-saving drug. [99] "An IPR driven regime is therefore not a regime that is conductive to the investment of R&D of products that are socially valuable to predominately poor populations". [99] : 1108–9

Libertarians have differing views on intellectual property. [ citation needed ] Stephan Kinsella, an anarcho-capitalist on the right-wing of libertarianism, [100] argues against intellectual property because allowing property rights in ideas and information creates artificial scarcity and infringes on the right to own tangible property. Kinsella uses the following scenario to argue this point:

[I]magine the time when men lived in caves. One bright guy—let's call him Galt-Magnon—decides to build a log cabin on an open field, near his crops. To be sure, this is a good idea, and others notice it. They naturally imitate Galt-Magnon, and they start building their own cabins. But the first man to invent a house, according to IP advocates, would have a right to prevent others from building houses on their own land, with their own logs, or to charge them a fee if they do build houses. It is plain that the innovator in these examples becomes a partial owner of the tangible property (e.g., land and logs) of others, due not to first occupation and use of that property (for it is already owned), but due to his coming up with an idea. Clearly, this rule flies in the face of the first-user homesteading rule, arbitrarily and groundlessly overriding the very homesteading rule that is at the foundation of all property rights. [101]

Thomas Jefferson once said in a letter to Isaac McPherson on 13 August 1813:

"If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine as he who lights his taper at mine, receives light without darkening me." [102]

In 2005 the Royal Society of Arts launched the Adelphi Charter, aimed at creating an international policy statement to frame how governments should make balanced intellectual property law. [103]

Another aspect of current U.S. Intellectual Property legislation is its focus on individual and joint works thus, copyright protection can only be obtained in 'original' works of authorship. Critics like Philip Bennet argue that this does not provide adequate protection against cultural appropriation of indigenous knowledge, for which a collective IP regime is needed. [104]

Intellectual property law has been criticized as not recognizing new forms of art such as the remix culture, whose participants often commit what technically constitutes violations of such laws, creation works such as anime music videos and others, or are otherwise subject to unnecessary burdens and limitations which prevent them from fully expressing themselves. [105] : 70 [106] [107] [108]

Objections to the expansion in nature and scope of intellectual property laws Edit

Other criticism of intellectual property law concerns the expansion of intellectual property, both in duration and in scope.

As scientific knowledge has expanded and allowed new industries to arise in fields such as biotechnology and nanotechnology, originators of technology have sought IP protection for the new technologies. Patents have been granted for living organisms, [109] and in the United States, certain living organisms have been patentable for over a century. [110]

The increase in terms of protection is particularly seen in relation to copyright, which has recently been the subject of serial extensions in the United States and in Europe. [76] [111] [112] [113] [114] With no need for registration or copyright notices, this is thought to have led to an increase in orphan works (copyrighted works for which the copyright owner cannot be contacted), a problem that has been noticed and addressed by governmental bodies around the world. [115]

Also with respect to copyright, the American film industry helped to change the social construct of intellectual property via its trade organization, the Motion Picture Association of America. In amicus briefs in important cases, in lobbying before Congress, and in its statements to the public, the MPAA has advocated strong protection of intellectual property rights. In framing its presentations, the association has claimed that people are entitled to the property that is produced by their labor. Additionally Congress's awareness of the position of the United States as the world's largest producer of films has made it convenient to expand the conception of intellectual property. [116] These doctrinal reforms have further strengthened the industry, lending the MPAA even more power and authority. [117]

The growth of the Internet, and particularly distributed search engines like Kazaa and Gnutella, have represented a challenge for copyright policy. The Recording Industry Association of America, in particular, has been on the front lines of the fight against copyright infringement, which the industry calls "piracy". The industry has had victories against some services, including a highly publicized case against the file-sharing company Napster, and some people have been prosecuted for sharing files in violation of copyright. The electronic age has seen an increase in the attempt to use software-based digital rights management tools to restrict the copying and use of digitally based works. Laws such as the Digital Millennium Copyright Act have been enacted that use criminal law to prevent any circumvention of software used to enforce digital rights management systems. Equivalent provisions, to prevent circumvention of copyright protection have existed in EU for some time, and are being expanded in, for example, Article 6 and 7 the Copyright Directive. Other examples are Article 7 of the Software Directive of 1991 (91/250/EEC), and the Conditional Access Directive of 1998 (98/84/EEC). This can hinder legal uses, affecting public domain works, limitations and exceptions to copyright, or uses allowed by the copyright holder. Some copyleft licenses, like the GNU GPL 3, are designed to counter this. [118] Laws may permit circumvention under specific conditions, such as when it is necessary to achieve interoperability with the circumventor's program, or for accessibility reasons however, distribution of circumvention tools or instructions may be illegal.

In the context of trademarks, this expansion has been driven by international efforts to harmonise the definition of "trademark", as exemplified by the Agreement on Trade-Related Aspects of Intellectual Property Rights ratified in 1994, which formalized regulations for IP rights that had been handled by common law, or not at all, in member states. Pursuant to TRIPs, any sign which is "capable of distinguishing" the products or services of one business from the products or services of another business is capable of constituting a trademark. [119]

Use in corporate tax avoidance Edit

Pierre Moscovici
European Commissioner for Tax
Financial Times, 11 March 2018 [120]

Intellectual property has become a core tool in corporate tax planning and tax avoidance. [121] [122] [123] IP is a key component of the leading multinational tax avoidance base erosion and profit shifting (BEPS) tools, [124] [125] which the OECD estimates costs $100–240 billion in lost annual tax revenues. [126]

In 2017–2018, both the U.S. and the EU Commission simultaneously decided to depart from the OECD BEPS Project timetable, which was set up in 2013 to combat IP BEPS tax tools like the above, [126] and launch their own anti-IP BEPS tax regimes:

  • U.S. Tax Cuts and Jobs Act of 2017, which has several anti-IP BEPS abuse tax regimes, including GILTI tax and the BEAT tax regimes. [127][128][129]
  • EU Commission 2018 Digital Services Tax, which is less advanced than the U.S. TCJA, but does seek to override IP BEPS tools via a quasi-VAT. [130][131][132]

The departure of the U.S. and EU Commission from the OECD BEPS Project process, is attributed to frustrations with the rise in IP as a key BEPS tax tool, creating intangible assets, which are then turned into royalty payment BEPS schemes (double Irish), and/or capital allowance BEPS schemes (capital allowances for intangibles). In contrast, the OECD has spent years developing and advocating intellectual property as a legal and a GAAP accounting concept. [133]

Gender gap in intellectual property Edit

Women have historically been underrepresented in intellectual property rights. According to the World Intellectual Property Organization, women comprised only 16.5% of patent holders even as recently as 2020. [134] This disparity is the result of several factors including systemic bias, sexism and discrimination within the intellectual property space, underrepresentation within STEM, and barriers to access of necessary finance and knowledge in order to obtain intellectual property rights, among other reasons. [135]


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Contents

Definitions of literature have varied over time. [9] In Western Europe, prior to the 18th century, literature denoted all books and writing literature can be seen as returning to older, more inclusive notions, so that cultural studies, for instance, include, in addition to canonical works, popular and minority genres. The word is also used in reference non-written works: to "oral literature" and "the literature of preliterate culture".

A value judgment definition of literature considers it as consisting solely of high quality writing that forms part of the belles-lettres ("fine writing") tradition. [10] An example of this in the (1910–11) Encyclopædia Britannica that classified literature as "the best expression of the best thought reduced to writing". [11]

Oral literature Edit

The use of the term "literature" here is a little problematic because of its origins in the Latin littera, “letter,” essentially writing. Alternatives such as "oral forms" and "oral genres" have been suggested but the word literature is widely used. [12]

Oral literature is an ancient human tradition found in "all corners of the world". [13] Modern archaeology has been unveiling evidence of the human efforts to preserve and transmit arts and knowledge that depended completely or partially on an oral tradition, across various cultures:

The Judeo-Christian Bible reveals its oral traditional roots medieval European manuscripts are penned by performing scribes geometric vases from archaic Greece mirror Homer's oral style. (. ) Indeed, if these final decades of the millennium have taught us anything, it must be that oral tradition never was the other we accused it of being it never was the primitive, preliminary technology of communication we thought it to be. Rather, if the whole truth is told, oral tradition stands out as the single most dominant communicative technology of our species as both a historical fact and, in many areas still, a contemporary reality. [13]

The earliest poetry is believed to have been recited or sung, employed as a way of remembering history, genealogy, and law. [14]

In Asia, the transmission of folklore, mythologies as well as scriptures in ancient India, in different Indian religions, was by oral tradition, preserved with precision with the help of elaborate mnemonic techniques. [15]

The early Buddhist texts are also generally believed to be of oral tradition, with the first by comparing inconsistencies in the transmitted versions of literature from various oral societies such as the Greek, Serbia and other cultures, then noting that the Vedic literature is too consistent and vast to have been composed and transmitted orally across generations, without being written down. [ citation needed ] According to Goody, the Vedic texts likely involved both a written and oral tradition, calling it a "parallel products of a literate society". [ citation needed ]

Australian Aboriginal culture has thrived on oral traditions and oral histories passed down through thousands of years. In a study published in February 2020, new evidence showed that both Budj Bim and Tower Hill volcanoes erupted between 34,000 and 40,000 years ago. [16] Significantly, this is a "minimum age constraint for human presence in Victoria", and also could be interpreted as evidence for the oral histories of the Gunditjmara people, an Aboriginal Australian people of south-western Victoria, which tell of volcanic eruptions being some of the oldest oral traditions in existence. [17] An axe found underneath volcanic ash in 1947 had already proven that humans inhabited the region before the eruption of Tower Hill. [16]

All ancient Greek literature was to some degree oral in nature, and the earliest literature was completely so. [18] Homer's epic poetry, states Michael Gagarin, was largely composed, performed and transmitted orally. [19] As folklores and legends were performed in front of distant audiences, the singers would substitute the names in the stories with local characters or rulers to give the stories a local flavor and thus connect with the audience, but making the historicity embedded in the oral tradition as unreliable. [20] The lack of surviving texts about the Greek and Roman religious traditions have led scholars to presume that these were ritualistic and transmitted as oral traditions, but some scholars disagree that the complex rituals in the ancient Greek and Roman civilizations were an exclusive product of an oral tradition. [21]

Writing systems are not known to have existed among Native North Americans before contact with Europeans. Oral storytelling traditions flourished in a context without the use of writing to record and preserve history, scientific knowledge, and social practices. [22] While some stories were told for amusement and leisure, most functioned as practical lessons from tribal experience applied to immediate moral, social, psychological, and environmental issues. [23] Stories fuse fictional, supernatural, or otherwise exaggerated characters and circumstances with real emotions and morals as a means of teaching. Plots often reflect real life situations and may be aimed at particular people known by the story's audience. In this way, social pressure could be exerted without directly causing embarrassment or social exclusion. [24] For example, rather than yelling, Inuit parents might deter their children from wandering too close to the water's edge by telling a story about a sea monster with a pouch for children within its reach. [25]

Oratory Edit

Oratory or the art of public speaking "was for long considered a literary art". [4] From Ancient Greece to the late 19th century, rhetoric played a central role in Western education in training orators, lawyers, counsellors, historians, statesmen, and poets. [26] [note 1]

Writing Edit

Around the 4th millennium BC, the complexity of trade and administration in Mesopotamia outgrew human memory, and writing became a more dependable method of recording and presenting transactions in a permanent form. [28] Though in both ancient Egypt and Mesoamerica, writing may have already emerged because of the need to record historical and environmental events. Subsequent innovations included more uniform, predictable, legal systems, sacred texts, and the origins of modern practices of scientific inquiry and knowledge-consolidation, all largely reliant on portable and easily reproducible forms of writing.

Early written literature Edit

Ancient Egyptian literature, [29] along with Sumerian literature, are considered the world's oldest literatures. [30] The primary genres of the literature of ancient Egypt—didactic texts, hymns and prayers, and tales—were written almost entirely in verse [31] By the Old Kingdom (26th century BC to 22nd century BC), literary works included funerary texts, epistles and letters, hymns and poems, and commemorative autobiographical texts recounting the careers of prominent administrative officials. It was not until the early Middle Kingdom (21st century BC to 17th century BC) that a narrative Egyptian literature was created. [32]

Many works of early periods, even in narrative form, had a covert moral or didactic purpose, such as the Sanskrit Panchatantra.200 BC – 300 AD, based on older oral tradition. [33] [34] Drama and satire also developed as urban culture provided a larger public audience, and later readership, for literary production. Lyric poetry (as opposed to epic poetry) was often the speciality of courts and aristocratic circles, particularly in East Asia where songs were collected by the Chinese aristocracy as poems, the most notable being the Shijing or Book of Songs (1046–c.600 BC), . [35] [36] [37]

In ancient China, early literature was primarily focused on philosophy, historiography, military science, agriculture, and poetry. China, the origin of modern paper making and woodblock printing, produced the world's first print cultures. [38] Much of Chinese literature originates with the Hundred Schools of Thought period that occurred during the Eastern Zhou Dynasty (769‒269 BC). [39] The most important of these include the Classics of Confucianism, of Daoism, of Mohism, of Legalism, as well as works of military science (e.g. Sun Tzu's The Art of War, c.5th century BC)) and Chinese history (e.g. Sima Qian's Records of the Grand Historian, c.94 BC). Ancient Chinese literature had a heavy emphasis on historiography, with often very detailed court records. An exemplary piece of narrative history of ancient China was the Zuo Zhuan, which was compiled no later than 389 BC, and attributed to the blind 5th-century BC historian Zuo Qiuming. [40]

In ancient India, literature originated from stories that were originally orally transmitted. Early genres included drama, fables, sutras and epic poetry. Sanskrit literature begins with the Vedas, dating back to 1500–1000 BC, and continues with the Sanskrit Epics of Iron Age India. [41] [42] The Vedas are among the oldest sacred texts. The Samhitas (vedic collections) date to roughly 1500–1000 BC, and the "circum-Vedic" texts, as well as the redaction of the Samhitas, date to c. 1000‒500 BC, resulting in a Vedic period, spanning the mid-2nd to mid 1st millennium BC, or the Late Bronze Age and the Iron Age. [43] The period between approximately the 6th to 1st centuries BC saw the composition and redaction of the two most influential Indian epics, the Mahabharata [44] [45] and the Ramayana, [46] with subsequent redaction progressing down to the 4th century AD. Other major literary works are Ramcharitmanas [47] & Krishnacharitmanas.

The earliest known Greek writings are Mycenaean (c.1600–1100 BC), written in the Linear B syllabary on clay tablets. These documents contain prosaic records largely concerned with trade (lists, inventories, receipts, etc.) no real literature has been discovered. [48] [49] Michael Ventris and John Chadwick, the original decipherers of Linear B, state that literature almost certainly existed in Mycenaean Greece, [49] but it was either not written down or, if it was, it was on parchment or wooden tablets, which did not survive the destruction of the Mycenaean palaces in the twelfth century BC. [49] Homer's, epic poems the Iliad and the Odyssey, are central works of ancient Greek literature. It is generally accepted that the poems were composed at some point around the late eighth or early seventh century BC. [50] Modern scholars consider these accounts legendary. [51] [52] [53] Most researchers believe that the poems were originally transmitted orally. [54] From antiquity until the present day, the influence of Homeric epic on Western civilization has been great, inspiring many of its most famous works of literature, music, art and film. [55] The Homeric epics were the greatest influence on ancient Greek culture and education to Plato, Homer was simply the one who "has taught Greece" – ten Hellada pepaideuken. [56] [57] Hesiod's Works and Days (c.700 BC) and Theogony, are some of the earliest, and most influential, of ancient Greek literature. Classical Greek genres included philosophy, poetry, historiography, comedies and dramas. Plato (428/427 or 424/423 – 348/347 BC) and Aristotle (384–322 BC) authored philosophical texts that are the foundation of Western philosophy, Sappho (c. 630 – c. 570 BC) and Pindar were influential lyric poets, and Herodotus (c. 484 – c. 425 BC) ) and Thucydides were early Greek historians. Although drama was popular in ancient Greece, of the hundreds of tragedies written and performed during the classical age, only a limited number of plays by three authors still exist: Aeschylus, Sophocles, and Euripides. The plays of Aristophanes (c. 446 – c. 386 BC) provide the only real examples of a genre of comic drama known as Old Comedy, the earliest form of Greek Comedy, and are in fact used to define the genre. [58]

The Hebrew religious text, the Torah, is widely seen as a product of the Persian period (539–333 BC, probably 450–350 BC). [59] This consensus echoes a traditional Jewish view which gives Ezra, the leader of the Jewish community on its return from Babylon, a pivotal role in its promulgation. [60] This represents a major source of Christianity's Bible, which has been a major influence on Western literature. [61]

The beginning of Roman literature dates to 240 BC, when a Roman audience saw a Latin version of a Greek play. [62] Literature in latin would flourish for the next six centuries, and includes essays, histories, poems, plays, and other writings.

The Qur'an (610 AD to 632 AD) [63] ), the main holy book of Islam, had a significant influence on the Arab language, and marked the beginning of Islamic literature. Muslims believe it was transcribed in the Arabic dialect of the Quraysh, the tribe of Muhammad. [24] [64] As Islam spread, the Quran had the effect of unifying and standardizing Arabic. [24]

Theological works in Latin were the dominant form of literature in Europe typically found in libraries during the Middle Ages. Western Vernacular literature includes the Poetic Edda and the sagas, or heroic epics, of Iceland, the Anglo-Saxon Beowulf, and the German Song of Hildebrandt. A later form of medieval fiction was the romance, an adventurous and sometimes magical narrative with strong popular appeal. [65]

Controversial, religious, political and instructional literature proliferated during the European Renaissance as a result of the Johannes Gutenberg's invention of the printing press [66] around 1440, while the Medieval romance developed into the novel, [67]

Publishing Edit

Publishing became possible with the invention of writing, but became more practical with the invention of printing. Prior to printing, distributed works were copied manually, by scribes.

The Chinese inventor Bi Sheng made movable type of earthenware circa 1045. Then c.1450, separately Johannes Gutenberg invented movable type in Europe. This invention gradually made books less expensive to produce and more widely available.

Early printed books, single sheets and images which were created before 1501 in Europe are known as incunables or incunabula. "A man born in 1453, the year of the fall of Constantinople, could look back from his fiftieth year on a lifetime in which about eight million books had been printed, more perhaps than all the scribes of Europe had produced since Constantine founded his city in A.D. 330." [68]

Eventually, printing enabled other forms of publishing besides books. The history of modern newspaper publishing started in Germany in 1609, with publishing of magazines following in 1663.

University discipline Edit

In England Edit

In England in the late 1820's, growing political and social awareness, "particularly among the utilitarians and Benthamites, promoted the possibility of including courses in English literary study in the newly formed London University". This further developed into the idea of the study of literature being "the ideal carrier for the propagation of the humanist cultural myth of a welleducated, culturally harmonious nation". [69]

America Edit

Women and literature Edit

The widespread education of women was not common until the nineteenth century, and because of this literature until recently was mostly male dominated. [70]

Victor Hugo, Les funérailles de George Sand [71]

There are few women poets writing in English, whose names are remembered, until the twentieth century. In the nineteenth century some names that stand out are Emily Bronte, Elizabeth Barrett Browning, and Emily Dickinson ( see American poetry). But while generally women are absent from the European cannon of Romantic literature, there is one notable exception, the French novelist and memoirist Amantine Dupin (1804 – 1876) best known by her pen name George Sand [72] [73] One of the more popular writers in Europe in her lifetime, [74] being more renowned than both Victor Hugo and Honoré de Balzac in England in the 1830s and 1840s, [75] Sand is recognised as one of the most notable writers of the European Romantic era. Jane Austen (1775 – 1817) is the first major English woman novelist, while Aphra Behn is an early female dramatist.

Nobel Prizes in Literature have been awarded between 1901 and 2020 to 117 individuals: 101 men and 16 women. Selma Lagerlöf (1858 – 1940)> as the first woman to win the Nobel Prize in Literature, which she was awarded in 1909. Additionally, she was the first woman to be granted a membership in The Swedish Academy in 1914. [76]

Feminist scholars have since the twentieth century sought expand the literary canon to include more women writers.

Children's literature Edit

A separate genre of children's literature only began to emerge in the eighteenth century, with the development of the concept of childhood. [77] : x-xi The earliest of these books were educational books, books on conduct, and simple ABCs—often decorated with animals, plants, and anthropomorphic letters. [78]

Literary theory Edit

A fundamental question of literary theory is "what is literature?" – although many contemporary theorists and literary scholars believe, either that "literature" cannot be defined, or that it can refer to any use of language. [79]

Literary fiction Edit

Literary fiction is a term used to describe fiction that explores any facet of the human condition, and may involve social commentary. It is often regarded as having more artistic merit than genre fiction, especially the most commercially-oriented types, but this has been contested in recent years, with the serious study of genre fiction within universities. [80]

The following, by the award-winning British author William Boyd on the short story, might be applied to all prose fiction:

[short stories] seem to answer something very deep in our nature as if, for the duration of its telling, something special has been created, some essence of our experience extrapolated, some temporary sense has been made of our common, turbulent journey towards the grave and oblivion. [81]

The very best in literature is annually recognized by the Nobel Prize in Literature, which is awarded to an author from any country who has, in the words of the will of Swedish industrialist Alfred Nobel, produced "in the field of literature the most outstanding work in an ideal direction" (original Swedish: den som inom litteraturen har producerat det mest framstående verket i en idealisk riktning). [82] [83]

The value of imaginative literature Edit

Some researchers suggest that literary fiction can play a role in an individual's psychological development. [84] Psychologists have also been using literature as a therapeutic tool. [85] [86] Psychologist Hogan argues for the value of the time and emotion that a person devotes to understanding a character's situation in literature [87] that it can unite a large community by provoking universal emotions, as well as allowing readers access to different cultures, and new emotional experiences. [88] One study, for example, suggested that the presence of familiar cultural values in literary texts played an important impact on the performance of minority students. [89]

Psychologist Maslow's ideas help literary critics understand how characters in literature reflect their personal culture and the history. [90] The theory suggests that literature helps an individual's struggle for self-fulfilment. [91] [92]

Religion has had a major influence on literature, through works like the Vedas, Torah, Bible, and Qur'an. [93] [94] [95]

The King James Version of the Bible has been called "the most influential version of the most influential book in the world, in what is now its most influential language", "the most important book in English religion and culture", and "the most celebrated book in the English-speaking world". Prominent atheist figures such as the late Christopher Hitchens and Richard Dawkins have praised the King James Version as being "a giant step in the maturing of English literature" and "a great work of literature", respectively, with Dawkins then adding, "A native speaker of English who has never read a word of the King James Bible is verging on the barbarian". [96] [97]

Poetry Edit

Poetry has traditionally been distinguished from prose by its greater use of the aesthetic qualities of language, including musical devices such as assonance, alliteration, rhyme, and rhythm, and by being set in lines and verses rather than paragraphs, and more recently its use of other typographical elements. [98] [99] [100] This distinction is complicated by various hybrid forms such as sound poetry, concrete poetry and prose poem, [101] and more generally by the fact that prose possesses rhythm. [102] Abram Lipsky refers to it as an "open secret" that "prose is not distinguished from poetry by lack of rhythm". [103]

Prior to the 19th century, poetry was commonly understood to be something set in metrical lines: "any kind of subject consisting of Rhythm or Verses". [98] Possibly as a result of Aristotle's influence (his Poetics), "poetry" before the 19th century was usually less a technical designation for verse than a normative category of fictive or rhetorical art. [ clarification needed ] [104] As a form it may pre-date literacy, with the earliest works being composed within and sustained by an oral tradition [105] [106] hence it constitutes the earliest example of literature.

Prose Edit

As noted above, prose generally makes far less use of the aesthetic qualities of language than poetry. [99] [100] [107] However, developments in modern literature, including free verse and prose poetry have tended to blur the differences, and American poet T.S. Eliot suggested that while: "the distinction between verse and prose is clear, the distinction between poetry and prose is obscure". [108] There are verse novels, a type of narrative poetry in which a novel-length narrative is told through the medium of poetry rather than prose. Eugene Onegin (1831) by Alexander Pushkin is the most famous example. [109]

On the historical development of prose, Richard Graff notes that "[In the case of ancient Greece] recent scholarship has emphasized the fact that formal prose was a comparatively late development, an "invention" properly associated with the classical period". [110]

Latin was a major influence on the development of prose in many European countries. Especially important was the great Roman orator Cicero. [111] It was the lingua franca among literate Europeans until quite recent times, and the great works of Descartes (1596 – 1650[), Francis Bacon (1561 – 1626), and Baruch Spinoza (1632 – 1677[) were published in Latin. Among the last important books written primarily in Latin prose were the works of Swedenborg (d. 1772), Linnaeus (d. 1778), Euler (d. 1783), Gauss (d. 1855), and Isaac Newton (d. 1727).

Novel Edit

A novel is a long fictional prose narrative. In English, the term emerged from the Romance languages in the late 15th century, with the meaning of "news" it came to indicate something new, without a distinction between fact or fiction. [112] The romance is a closely related long prose narrative. Walter Scott defined it as "a fictitious narrative in prose or verse the interest of which turns upon marvellous and uncommon incidents", whereas in the novel "the events are accommodated to the ordinary train of human events and the modern state of society". [113] Other European languages do not distinguish between romance and novel: "a novel is le roman, der Roman, il romanzo", [114] indicates the proximity of the forms. [115]

Although there are many historical prototypes, so-called "novels before the novel", [116] the modern novel form emerges late in cultural history—roughly during the eighteenth century. [117] Initially subject to much criticism, the novel has acquired a dominant position amongst literary forms, both popularly and critically. [115] [118] [119]

Novella Edit

The publisher Melville House classifies the novella as "too short to be a novel, too long to be a short story". [120] Publishers and literary award societies typically consider a novella to be between 17,000 and 40,000 words. [121]

Short story Edit

A dilemma in defining the "short story" as a literary form is how to, or whether one should, distinguish it from any short narrative and its contested origin, [122] that include the Bible, and Edgar Allan Poe. [123]

Graphic novel Edit

Graphic novels and comic books present stories told in a combination of artwork, dialogue, and text.

Electronic literature Edit

Nonfiction Edit

Nonfiction can fall within the broad category of literature as "any collection of written work", but some works fall within the narrower definition "by virtue of the excellence of their writing, their originality and their general aesthetic and artistic merits". [125]

Drama Edit

Drama is literature intended for performance. [126] The form is combined with music and dance in opera and musical theatre (see libretto). A play is a written dramatic work by a playwright that is intended for performance in a theatre it comprises chiefly dialogue between characters. A closet drama, by contrast, is written to be read rather than to be performed the meaning of which can be realized fully on the page. [127] Nearly all drama took verse form until comparatively recently.

The earliest form of which there exists substantial knowledge is Greek drama. This developed as a performance associated with religious and civic festivals, typically enacting or developing upon well-known historical, or mythological themes,

In the twentieth century scripts written for non-stage media have been added to this form, including radio, television and film.

Law and literature Edit

The law and literature movement focuses on the interdisciplinary connection between law and literature.

Copyright Edit

Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. [128] [129] [130] [131] [132] The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. [133] [134] [135]

United Kingdom Edit

Literary works have been protected by copyright law from unauthorized reproduction since at least 1710. [136] Literary works are defined by copyright law to mean "any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes (a) a table or compilation (other than a database), (b) a computer program, (c) preparatory design material for a computer program, and (d) a database."

Literary works are all works of literature that is all works expressed in print or writing (other than dramatic or musical works). [137]

United States Edit

The copyright law of the United States has a long and complicated history, dating back to colonial times. It was established as federal law with the Copyright Act of 1790. This act was updated many times, including a major revision in 1976.

European Union Edit

The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union is a member (such as the TRIPS Agreement and conventions to which all Member States are parties (such as the Berne Convention)).

Copyright in communist countries Edit

Copyright in Japan Edit

Japan was a party to the original Berne convention in 1899, so its copyright law is in sync with most international regulations. The convention protected copyrighted works for 50 years after the author's death (or 50 years after publication for unknown authors and corporations). However, in 2004 Japan extended the copyright term to 70 years for cinematographic works. At the end of 2018, as a result of the Trans-Pacific Partnership negotiations, the 70 year term was applied to all works. [138] This new term is not applied retroactively works that had entered the public domain between 1999 and 2018 by expiration would remain in the public domain.

Censorship Edit

Is a means employed by states, religious organizations, educational institutions, etc, to control what can be portrayed, spoken, performed, or written. [139] Generally such bodies attempt to ban works for political reasons, or because they deal with other controversial matters such as race, or sex. [140]

A notorious example of censorship is James Joyce's novel Ulysses, which has been described by Russian-American novelist Vladimir Nabokov as a "divine work of art" and the greatest masterpiece of 20th century prose. [141] It was banned in the United States from 1921 until 1933 on the grounds of obscenity. Nowadays it is a central literary text in English literature courses, throughout the world. [142]

There are numerous awards recognizing achievement and contribution in literature. Given the diversity of the field, awards are typically limited in scope, usually on: form, genre, language, nationality and output (e.g. for first-time writers or debut novels). [143]

The Nobel Prize in Literature was one of the six Nobel Prizes established by the will of Alfred Nobel in 1895, [144] and is awarded to an author on the basis of their body of work, rather than to, or for, a particular work itself. [note 2] Other literary prizes for which all nationalities are eligible include: the Neustadt International Prize for Literature, the Man Booker International Prize, Pulitzer Prize, Hugo Award, Guardian First Book Award and the Franz Kafka Prize.


Contents

Giuliani was born in the East Flatbush section, then an Italian-American enclave, in New York City's borough of Brooklyn, the only child of working-class parents Helen (née D'Avanzo 1909–2002) and Harold Angelo Giuliani (1908–1981), both children of Italian immigrants. [26] Giuliani is of Tuscan descent on his father's side, as his paternal grandparents (Rodolfo and Evangelina Giuliani) were born in Montecatini Terme, Tuscany, Italy. [27] He was raised a Roman Catholic. [28] Harold Giuliani, a plumber and a bartender, [29] had trouble holding a job, was convicted of felony assault and robbery, and served prison time in Sing Sing. [30] Once released, he worked as an enforcer for his brother-in-law Leo D'Avanzo, who operated an organized crime-affiliated loan sharking and gambling ring at a restaurant in Brooklyn. [31] The couple lived in East Flatbush until Harold died of prostate cancer in 1981, [32] whereupon Helen moved to Manhattan's Upper East Side.

When Giuliani was seven years old in 1951, his family moved from Brooklyn to Garden City South, where he attended the local Catholic school, St. Anne's. [33] Later, he commuted back to Brooklyn to attend Bishop Loughlin Memorial High School, graduating in 1961. [34]

Giuliani attended Manhattan College in Riverdale, Bronx, where he majored in political science with a minor in philosophy [35] and considered becoming a priest. [35] Giuliani was elected president of his class in his sophomore year, but was not re-elected in his junior year. He joined the Phi Rho Pi college forensic fraternity and honor society. He graduated in 1965. Giuliani decided to forgo the priesthood and instead attended the New York University School of Law in Manhattan, where he made the NYU Law Review [35] and graduated cum laude with a Juris Doctor degree in 1968. [36]

Giuliani started his political life as a Democrat. He volunteered for Robert F. Kennedy's presidential campaign in 1968. He also worked as a Democratic Party committeeman on Long Island in the mid-1960s [37] [38] and voted for George McGovern for president in 1972. [39]

Upon graduation from law school, Giuliani clerked for Judge Lloyd Francis MacMahon, United States District Judge for the Southern District of New York. [40]

Giuliani did not serve in the military during the Vietnam War. His conscription was deferred while he was enrolled at Manhattan College and NYU Law. Upon graduation from the latter in 1968, he was classified 1-A (available for military service), but in 1969 he was reclassified 2-A (essential civilian) as Judge MacMahon's law clerk. In 1970, Giuliani was reclassified 1-A but received a high 308 draft lottery number and was not called up for service. [41] [42]

In 1975, Giuliani switched his party registration from Democratic to Independent. [38] This occurred during a period of time in which he was recruited for a position in Washington, D.C. with the Ford administration: Giuliani served as the Associate Deputy Attorney General and chief of staff to Deputy Attorney General Harold "Ace" Tyler. [38]

His first high-profile prosecution was of Democratic U.S. Representative Bertram L. Podell (NY-13), who was convicted of corruption. Podell pleaded guilty to conspiracy and conflict of interest for accepting more than $41,000 in campaign contributions and legal fees from a Florida airline to obtain federal rights for a Bahama route. Podell, who maintained a legal practice while serving in Congress, said the payments were legitimate legal fees. The Washington Post later reported: "The trial catapulted future New York mayor Rudolph Giuliani to front-page status when, as assistant U.S. attorney, he relentlessly cross-examined an initially calm Rep. Podell. The congressman reportedly grew more flustered and eventually decided to plead guilty." [43]

From 1977 to 1981, during the Carter administration, Giuliani practiced law at the Patterson, Belknap, Webb and Tyler law firm, as chief of staff to his former boss, Ace Tyler. In later years, Tyler became "disillusioned" by what Tyler described as Giuliani's time as US Attorney, criticizing several of his prosecutions as "overkill". [38]

On December 8, 1980, one month after the election of Ronald Reagan brought Republicans back to power in Washington, he switched his party affiliation from Independent to Republican. [38] Giuliani later said the switches were because he found Democratic policies "naïve", and that "by the time I moved to Washington, the Republicans had come to make more sense to me." [26] Others suggested that the switches were made in order to get positions in the Justice Department. [38] Giuliani's mother maintained in 1988 that he "only became a Republican after he began to get all these jobs from them. He's definitely not a conservative Republican. He thinks he is, but he isn't. He still feels very sorry for the poor." [38]

In 1981, Giuliani was named Associate Attorney General in the Reagan administration, [44] the third-highest position in the Department of Justice. As Associate Attorney General, Giuliani supervised the U.S. Attorney Offices' federal law enforcement agencies, the Department of Corrections, the Drug Enforcement Administration, and the United States Marshals Service. In a well-publicized 1982 case, Giuliani testified in defense of the federal government's "detention posture" regarding the internment of more than 2,000 Haitian asylum seekers who had entered the country illegally. The U.S. government disputed the assertion that most of the detainees had fled their country due to political persecution, alleging instead that they were "economic migrants". In defense of the government's position, Giuliani testified that "political repression, at least in general, does not exist" under President of Haiti Jean-Claude Duvalier's regime. [35] [45]

In 1983, Giuliani was appointed to be U.S. Attorney for the Southern District of New York, which was technically a demotion but was sought by Giuliani because of his desire to personally litigate cases and because the SDNY is considered the highest profile United States Attorney's Office in the country, and as such, is often used by those who have held the position as a springboard for running for public office. It was in this position that he first gained national prominence by prosecuting numerous high-profile cases, resulting in the convictions of Wall Street figures Ivan Boesky and Michael Milken. He also focused on prosecuting drug dealers, organized crime, and corruption in government. [36] He amassed a record of 4,152 convictions and 25 reversals. As a federal prosecutor, Giuliani was credited with bringing the perp walk, parading of suspects in front of the previously alerted media, into common use as a prosecutorial tool. [46] After Giuliani "patented the perp walk", the tool was used by increasing numbers of prosecutors nationwide. [47]

Giuliani's critics claimed that he arranged for people to be arrested, then dropped charges for lack of evidence on high-profile cases rather than going to trial. In a few cases, his arrests of alleged white-collar criminals at their workplaces with charges later dropped or lessened, sparked controversy, and damaged the reputations of the alleged "perps". [48] He claimed veteran stock trader Richard Wigton, of Kidder, Peabody & Co., was guilty of insider trading in February 1987, he had officers handcuff Wigton and march him through the company's trading floor, with Wigton in tears. [49] Giuliani had his agents arrest Tim Tabor, a young arbitrageur and former colleague of Wigton, so late that he had to stay overnight in jail before posting bond. [49] [50]

Within three months, charges were dropped against both Wigton and Tabor Giuliani said, "We're not going to go to trial. We're just the tip of the iceberg," but no further charges were forthcoming and the investigation did not end until Giuliani's successor was in place. [50] Giuliani's high-profile raid of the Princeton/Newport firm ended with the defendants having their cases overturned on appeal on the grounds that what they had been convicted of were not crimes. [51]

Mafia Commission trial

In the Mafia Commission Trial, which ran from February 25, 1985, through November 19, 1986, Giuliani indicted eleven organized crime figures, including the heads of New York City's so-called "Five Families", under the Racketeer Influenced and Corrupt Organizations Act (RICO) on charges including extortion, labor racketeering, and murder for hire. Time magazine called this "Case of Cases" possibly "the most significant assault on the infrastructure of organized crime since the high command of the Chicago Mafia was swept away in 1943", and quoted Giuliani's stated intention: "Our approach is to wipe out the five families." [52] Gambino crime family boss Paul Castellano evaded conviction when he and his underboss, Thomas Bilotti, were murdered on the streets of Midtown Manhattan on December 16, 1985. However, three heads of the Five Families were sentenced to 100 years in prison on January 13, 1987. [53] [54] Genovese and Colombo leaders, Tony Salerno and Carmine Persico received additional sentences in separate trials, with 70-year and 39-year sentences to run consecutively. He was assisted by three Assistant United States Attorneys: Michael Chertoff, the eventual second United States Secretary of Homeland Security and co-author of the Patriot Act John Savarese, now a partner at Wachtell Lipton Rosen & Katz and Gil Childers, a later deputy chief of the criminal division for the Southern District of New York and now managing director in the legal department at Goldman Sachs.

According to an FBI memo revealed in 2007, leaders of the Five Families voted in late 1986 on whether to issue a contract for Giuliani's death. [55] Heads of the Lucchese, Bonanno, and Genovese families rejected the idea, though Colombo and Gambino leaders, Carmine Persico and John Gotti, encouraged assassination. [56] [57] In 2014, it was revealed by a former Sicilian Mafia member and informant, Rosario Naimo, that Salvatore Riina, a notorious Sicilian Mafia leader, had ordered a murder contract on Giuliani during the mid-1980s. Riina allegedly was suspicious of Giuliani's efforts prosecuting the American Mafia and was worried that he might have spoken with Italian anti-mafia prosecutors and politicians, including Giovanni Falcone and Paolo Borsellino, who were both murdered in 1992 in separate car bombings. [58] [59] According to Giuliani, the Sicilian Mafia offered $800,000 for his death during his first year as mayor of New York in 1994. [60] [61]

Boesky, Milken trials

Ivan Boesky, a Wall Street arbitrageur who had amassed a fortune of about $200 million by betting on corporate takeovers, was originally investigated by the U.S. Securities and Exchange Commission (SEC) for making investments based on tips received from corporate insiders, leading the way for the US Attorney's Office of the Southern District of New York to investigate as well. These stock and options acquisitions were sometimes brazen, with massive purchases occurring only a few days before a corporation announced a takeover. Although insider trading of this kind was illegal, laws prohibiting it were rarely enforced until Boesky was prosecuted. Boesky cooperated with the SEC and informed on several others, including junk bond trader Michael Milken. Per agreement with Giuliani, Boesky received a 3 + 1 ⁄ 2 -year prison sentence along with a $100 million fine. [62] In 1989, Giuliani charged Milken under the RICO Act with 98 counts of racketeering and fraud. In a highly publicized case, Milken was indicted by a grand jury on these charges. [63]

Giuliani was U.S. Attorney until January 1989, resigning as the Reagan administration ended. He garnered criticism until he left office for his handling of cases, and was accused of prosecuting cases to further his political ambitions. [35] He joined the law firm White & Case in New York City as a partner. He remained with White & Case until May 1990, when he joined the law firm Anderson Kill Olick & Oshinsky, also in New York City. [64]

Giuliani first ran for New York City mayor in 1989, when he attempted to unseat three-term incumbent Ed Koch. He won the September 1989 Republican Party primary election against business magnate Ronald Lauder, in a campaign marked by claims that Giuliani was not a true Republican and after an acrimonious debate between the two men. [65] In the Democratic primary, Koch was upset by Manhattan Borough president David Dinkins.

In the general election, Giuliani ran as the fusion candidate of both the Republican and the Liberal parties. The Conservative Party, which had often co-lined the Republican party candidate, withheld support from Giuliani and ran Lauder instead. [66] Conservative Party leaders were unhappy with Giuliani on ideological grounds. They cited the Liberal Party's endorsement statement that Giuliani "agreed with the Liberal Party's views on affirmative action, gay rights, gun control, school prayer and tuition tax credits". [67]

During two televised debates, Giuliani framed himself as an agent of change, saying, "I'm the reformer," [68] that "If we keep going merrily along, this city's going down," and that electing Dinkins would represent "more of the same, more of the rotten politics that have been dragging us down". [65] Giuliani pointed out that Dinkins had not filed a tax return for many years and of several other ethical missteps, in particular a stock transfer to his son. [68] Dinkins filed several years of returns and said the tax matter had been fully paid off. He denied other wrongdoing, saying "what we need is a mayor, not a prosecutor," and that Giuliani refused to say "the R-word – he doesn't like to admit he's a Republican". [68] Dinkins won the endorsements of three of the four daily New York newspapers, while Giuliani won approval from the New York Post. [69]

In the end, Giuliani lost to Dinkins by a margin of 47,080 votes out of 1,899,845 votes cast, in the closest election in New York City's history. The closeness of the race was particularly noteworthy considering the small percentage of New York City residents who are registered Republicans and resulted in Giuliani being the presumptive nominee for a rematch with Dinkins at the next election. [36]

Four years after his defeat to Dinkins, Giuliani again ran for mayor. Once again, Giuliani also ran on the Liberal Party line but not the Conservative Party line, which ran activist George Marlin. [70] Giuliani promised to focus the police department on shutting down petty crimes and nuisances as a way of restoring the quality of life:

It's the street tax paid to drunks and panhandlers. It's the squeegee men shaking down the motorist waiting at a light. It's the trash storms, the swirling mass of garbage left by peddlers and panhandlers, and open-air drug bazaars on unclean streets. [71]

Dinkins and Giuliani never debated during the campaign, because they were never able to agree on how to approach a debate. [65] [70] Dinkins was endorsed by The New York Times and Newsday, [72] while Giuliani was endorsed by the New York Post and, in a key switch from 1989, the Daily News. [73] Giuliani went to visit the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, seeking his blessing and endorsement. [74]

Giuliani won by a margin of 53,367 votes. He became the first Republican elected Mayor of New York City since John Lindsay in 1965. [75]

Giuliani's opponent in 1997 was Democratic Manhattan Borough president Ruth Messinger, who had beaten Al Sharpton in the September 9, 1997 Democratic primary. [76] In the general election, Giuliani once again had the Liberal Party and not the Conservative Party listing. Giuliani ran an aggressive campaign, parlaying his image as a tough leader who had cleaned up the city. Giuliani's popularity was at its highest point to date, with a late October 1997 Quinnipiac University Polling Institute poll showing him as having a 68 percent approval rating 70 percent of New Yorkers were satisfied with life in the city and 64 percent said things were better in the city compared to four years previously. [77]

Throughout the campaign he was well ahead in the polls and had a strong fund-raising advantage over Messinger. On her part, Messinger lost the support of several usually Democratic constituencies, including gay organizations and large labor unions. [78] The local daily newspapers – The New York Times, Daily News, New York Post and Newsday – all endorsed Giuliani over Messinger. [79]

In the end, Giuliani won 58% of the vote to Messinger's 41%, and became the first registered Republican to win a second term as mayor while on the Republican line since Fiorello H. La Guardia in 1941. [76] Voter turnout was the lowest in twelve years, with 38% of registered voters casting ballots. [80] The margin of victory included gains [81] in his share of the African American vote (20% compared to 1993's 5%) and the Hispanic vote (43% from 37%) while maintaining his base of white ethnic, Catholic and Jewish voters from 1993. [81]

Giuliani served as mayor of New York City from 1994 through 2001.

Law enforcement

In Giuliani's first term as mayor, the New York City Police Department – at the instigation of Commissioner Bill Bratton – adopted an aggressive enforcement/deterrent strategy based on James Q. Wilson's "Broken Windows" approach. [82] This involved crackdowns on relatively minor offenses such as graffiti, turnstile jumping, cannabis possession, and aggressive panhandling by "squeegee men", on the theory that this would send a message that order would be maintained. The legal underpinning for removing the "squeegee men" from the streets was developed under Giuliani's predecessor, Mayor David Dinkins. [82] Bratton, with Deputy Commissioner Jack Maple, also created and instituted CompStat, a computer-driven comparative statistical approach to mapping crime geographically and in terms of emerging criminal patterns, as well as charting officer performance by quantifying criminal apprehensions. [83] Critics of the system assert that it creates an environment in which police officials are encouraged to underreport or otherwise manipulate crime data. An extensive study found a high correlation between crime rates reported by the police through CompStat and rates of crime available from other sources, suggesting there had been no manipulation. [84] The CompStat initiative won the 1996 Innovations in Government Award from the Kennedy School of Government. [85]

During Giuliani's administration, crime rates dropped in New York City. [84] The extent to which Giuliani deserves the credit is disputed. [87] Crime rates in New York City had started to drop in 1991 under previous mayor David Dinkins, three years before Giuliani took office. [88] [89] The rates of most crimes, including all categories of violent crime, made consecutive declines during the last 36 months of Dinkins's four-year term, ending a 30-year upward spiral. [90] A small nationwide drop in crime preceded Giuliani's election, and some critics say he may have been the beneficiary of a trend already in progress. Additional contributing factors to the overall decline in New York City crime during the 1990s were the addition of 7,000 officers to the NYPD, lobbied for and hired by the Dinkins administration, and an overall improvement in the national economy. [91] Changing demographics were a key factor contributing to crime rate reductions, which were similar across the country during this time. [92] Because the crime index is based on that of the FBI, which is self-reported by police departments, some have alleged that crimes were shifted into categories the FBI doesn't collect. [93]

Some studies conclude that the decline in New York City's crime rate in the 1990s and 2000s exceeds all national figures and therefore should be linked with a local dynamic that was not present as such anywhere else in the country: what University of California, Berkeley sociologist Frank Zimring calls "the most focused form of policing in history". In his book The Great American Crime Decline, Zimring argues that "up to half of New York's crime drop in the 1990s, and virtually 100 percent of its continuing crime decline since 2000, has resulted from policing." [94] [95]

Bratton was featured on the cover of Time Magazine in 1996. [96] Giuliani reportedly forced Bratton out after two years, in what was seen as a battle of two large egos in which Giuliani was not tolerant of Bratton's celebrity. [97] [98] Bratton went on to become chief of the Los Angeles Police Department. [99] Giuliani's term also saw allegations of civil rights abuses and other police misconduct under other commissioners after Bratton's departure. There were police shootings of unarmed suspects, [100] and the scandals surrounding the torture of Abner Louima and the killings of Amadou Diallo, Gidone Busch [101] and Patrick Dorismond. Giuliani supported the New York City Police Department, for example by releasing what he called Dorismond's "extensive criminal record" to the public, including a sealed juvenile file. [102]

City services

The Giuliani administration advocated the privatization of the city's public schools, which he called "dysfunctional", and advocated the reduction of state funding for them. He advocated for a voucher-based system to promote private schooling. [103] Giuliani supported protection for illegal immigrants. He continued a policy of preventing city employees from contacting the Immigration and Naturalization Service about immigration violations, on the grounds that illegal aliens should be able to take actions such as sending their children to school or reporting crimes to the police without fear of deportation. [104]

During his mayoralty, gay and lesbian New Yorkers received domestic partnership rights. Giuliani induced the city's Democratic-controlled New York City Council, which had avoided the issue for years, to pass legislation providing broad protection for same-sex partners. In 1998, he codified local law by granting all city employees equal benefits for their domestic partners. [105]

2000 U.S. Senate campaign

Due to term limits, Giuliani was ineligible to run in 2001 for a third term as mayor. In November 1998, four-term incumbent Democratic U.S. Senator Daniel Patrick Moynihan announced his retirement and Giuliani immediately indicated an interest in running in the 2000 election for the now-open seat. Due to his high profile and visibility Giuliani was supported by the state Republican Party. Giuliani's entrance led Democratic Congressman Charles Rangel and others to recruit then-U.S. First Lady Hillary Clinton to run for Moynihan's seat, hoping she might combat his star power.

An early January 1999 poll showed Giuliani trailing Clinton by ten points. [106] In April 1999, Giuliani formed an exploratory committee in connection with the Senate run. By January 2000, polling for the race dramatically reversed, with Giuliani now pulling nine points ahead of Clinton, in part because his campaign was able to take advantage of several campaign stumbles by Clinton. [106] Nevertheless, the Giuliani campaign was showing some structural weaknesses so closely identified with New York City, he had somewhat limited appeal to normally Republican voters in Upstate New York. [107] The New York Police Department's fatal shooting of Patrick Dorismond in March 2000 inflamed Giuliani's already strained relations with the city's minority communities, [108] and Clinton seized on it as a major campaign issue. [108] By April 2000, reports showed Clinton gaining upstate and generally outworking Giuliani, who said his duties as mayor prevented him from campaigning more. [109] Clinton was now eight to ten points ahead of Giuliani in the polls. [108]

Then followed four tumultuous weeks in which Giuliani learned he had prostate cancer and needed treatment his extramarital relationship with Judith Nathan became public and the subject of a media frenzy and he announced a separation from his wife Donna Hanover. After much indecision, on May 19, Giuliani announced his withdrawal from the Senate race. [110]

September 11 terrorist attacks

Response

Giuliani received nationwide attention in the aftermath of the September 11 attacks. He made frequent appearances on radio and television on September 11 and afterwards – for example, to indicate that tunnels would be closed as a precautionary measure, and that there was no reason to believe the dispersion of chemical or biological weaponry into the air was a factor in the attack. In his public statements, Giuliani said:

Tomorrow New York is going to be here. And we're going to rebuild, and we're going to be stronger than we were before . I want the people of New York to be an example to the rest of the country, and the rest of the world, that terrorism can't stop us. [111]

The 9/11 attacks occurred on the scheduled date of the mayoral primary to select the Democratic and Republican candidates to succeed Giuliani. The primary was immediately delayed two weeks to September 25. During this period, Giuliani sought an unprecedented three-month emergency extension of his term from January 1 to April 1 under the New York State Constitution (Article 3 Section 25). [112] He threatened to challenge the law imposing term limits on elected city officials and run for another full four-year term, if the primary candidates did not consent to the extension of his mayoralty. [113] In the end leaders in the State Assembly and Senate indicated that they did not believe the extension was necessary. The election proceeded as scheduled, and the winning candidate, the Giuliani-endorsed Republican convert Michael Bloomberg, took office on January 1, 2002 per normal custom.

Giuliani claimed to have been at the Ground Zero site "as often, if not more, than most workers . I was there working with them. I was exposed to exactly the same things they were exposed to. So in that sense, I'm one of them." Some 9/11 workers have objected to those claims. [114] [115] [116] While his appointment logs were unavailable for the six days immediately following the attacks, Giuliani logged 29 hours at the site over three months beginning September 17. This contrasted with recovery workers at the site who spent this much time at the site in two to three days. [117]

When Saudi Prince Alwaleed bin Talal suggested the attacks were an indication that the United States "should re-examine its policies in the Middle East and adopt a more balanced stand toward the Palestinian cause," Giuliani asserted, "There is no moral equivalent for this act. There is no justification for it . And one of the reasons I think this happened is because people were engaged in moral equivalency in not understanding the difference between liberal democracies like the United States, like Israel, and terrorist states and those who condone terrorism. So I think not only are those statements wrong, they're part of the problem." Giuliani subsequently rejected the prince's $10 million donation to disaster relief in the aftermath of the attack. [118]

Emergency command center location and communications problems

Giuliani has been widely criticized for his decision to locate the Office of Emergency Management headquarters on the 23rd floor inside the 7 World Trade Center building. Those opposing the decision perceived the office as a target for a terrorist attack in light of the previous terrorist attack against the World Trade Center in 1993. [119] [120] [121] The office was unable to coordinate efforts between police and firefighters properly while evacuating its headquarters. [122] Large tanks of diesel fuel were placed in 7 World Trade to power the command center. In May 1997, Giuliani put responsibility for selecting the location on Jerome M. Hauer, who had served under Giuliani from 1996 to 2000 before being appointed by him as New York City's first Director of Emergency Management. Hauer has taken exception to that account in interviews and provided Fox News and New York Magazine with a memo demonstrating that he recommended a location in Brooklyn but was overruled by Giuliani. Television journalist Chris Wallace interviewed Giuliani on May 13, 2007, about his 1997 decision to locate the command center at the World Trade Center. Giuliani laughed during Wallace's questions and said that Hauer recommended the World Trade Center site and claimed that Hauer said the WTC site was the best location. Wallace presented Giuliani a photocopy of Hauer's directive letter. The letter urged Giuliani to locate the command center in Brooklyn, instead of lower Manhattan. [123] [124] [125] [126] [127] The February 1996 memo read, "The [Brooklyn] building is secure and not as visible a target as buildings in Lower Manhattan." [128]

In January 2008, an eight-page memo was revealed which detailed the New York City Police Department's opposition in 1998 to location of the city's emergency command center at the Trade Center site. The Giuliani administration overrode these concerns. [129]

The 9/11 Commission Report noted that lack of preparedness could have led to the deaths of first responders at the scene of the attacks. The Commission noted that the radios in use by the fire department were the same radios which had been criticized for their ineffectiveness following the 1993 World Trade Center bombings. Family members of 9/11 victims have said these radios were a complaint of emergency services responders for years. [130] The radios were not working when Fire Department chiefs ordered the 343 firefighters inside the towers to evacuate, and they remained in the towers as the towers collapsed. [131] [132] However, when Giuliani testified before the 9/11 Commission he said the firefighters ignored the evacuation order out of an effort to save lives. [133] Giuliani testified to the commission, where some family members of responders who had died in the attacks appeared to protest his statements. [134] A 1994 mayoral office study of the radios indicated that they were faulty. Replacement radios were purchased in a $33 million no-bid contract with Motorola, and implemented in early 2001. However, the radios were recalled in March 2001 after a probationary firefighter's calls for help at a house fire could not be picked up by others at the scene, leaving firemen with the old analog radios from 1993. [131] [135] A book later published by Commission members Thomas Kean and Lee H. Hamilton, Without Precedent: The Inside Story of the 9/11 Commission, argued that the commission had not pursued a tough enough line of questioning with Giuliani. [136]

An October 2001 study by the National Institute of Environmental Safety and Health said cleanup workers lacked adequate protective gear. [120] [137]

Public reaction

Giuliani gained international attention in the wake of the attacks and was widely hailed for his leadership role during the crisis. [138] Polls taken just six weeks after the attack showed a 79 percent approval rating among New York City voters. This was a dramatic increase over the 36 percent rating he had received a year earlier, which was an average at the end of a two-term mayorship. [139] [140] Oprah Winfrey called him "America's Mayor" at a 9/11 memorial service held at Yankee Stadium on September 23, 2001. [141] [142] Other voices denied it was the mayor who had pulled the city together. "You didn't bring us together, our pain brought us together and our decency brought us together. We would have come together if Bozo was the mayor," said civil rights activist Al Sharpton, in a statement largely supported by Fernando Ferrer, one of three main candidates for the mayoralty at the end of 2001. "He was a power-hungry person," Sharpton also said. [143]

Giuliani was praised by some for his close involvement with the rescue and recovery efforts, but others argue that "Giuliani has exaggerated the role he played after the terrorist attacks, casting himself as a hero for political gain." [144] Giuliani has collected $11.4 million from speaking fees in a single year (with increased demand after the attacks). [145] Before September 11, Giuliani's assets were estimated to be somewhat less than $2 million, but his net worth could now be as high as 30 times that amount. [146] He has made most of his money since leaving office. [147]

Time Person of the Year

On December 24, 2001, [148] Time magazine named Giuliani its Person of the Year for 2001. [111] Time observed that, before 9/11, Giuliani's public image had been that of a rigid, self-righteous, ambitious politician. After 9/11, and perhaps owing also to his bout with prostate cancer, his public image became that of a man who could be counted on to unite a city in the midst of its greatest crisis. Historian Vincent J. Cannato concluded in September 2006:

With time, Giuliani's legacy will be based on more than just 9/11. He left a city immeasurably better off – safer, more prosperous, more confident – than the one he had inherited eight years earlier, even with the smoldering ruins of the World Trade Center at its heart. Debates about his accomplishments will continue, but the significance of his mayoralty is hard to deny. [149]

Aftermath

For his leadership on and after September 11, Giuliani was given an honorary knighthood (KBE) by Queen Elizabeth II on February 13, 2002. [150]

Giuliani initially downplayed the health effects arising from the September 11 attacks in the Financial District and lower Manhattan areas in the vicinity of the World Trade Center site. [151] He moved quickly to reopen Wall Street, and it was reopened on September 17. In the first month after the attacks, he said "The air quality is safe and acceptable." [152]

Giuliani took control away from agencies such as the Federal Emergency Management Agency, the Army Corps of Engineers and the Occupational Safety and Health Administration, leaving the "largely unknown" city Department of Design and Construction in charge of recovery and cleanup. Documents indicate that the Giuliani administration never enforced federal requirements requiring the wearing of respirators. Concurrently, the administration threatened companies with dismissal if cleanup work slowed. [153] [154] In June 2007, Christie Todd Whitman, former Republican Governor of New Jersey and director of the Environmental Protection Agency (EPA), reportedly said the EPA had pushed for workers at the WTC site to wear respirators but she had been blocked by Giuliani. She said she believed the subsequent lung disease and deaths suffered by WTC responders were a result of these actions. [155] However, former deputy mayor Joe Lhota, then with the Giuliani campaign, replied, "All workers at Ground Zero were instructed repeatedly to wear their respirators." [156]

Giuliani asked the city's Congressional delegation to limit the city's liability for Ground Zero illnesses to a total of $350 million. Two years after Giuliani finished his term, FEMA appropriated $1 billion to a special insurance fund, called the World Trade Center Captive Insurance Company, to protect the city against 9/11 lawsuits. [157]

In February 2007, the International Association of Fire Fighters issued a letter asserting that Giuliani rushed to conclude the recovery effort once gold and silver had been recovered from World Trade Center vaults and thereby prevented the remains of many victims from being recovered: "Mayor Giuliani's actions meant that fire fighters and citizens who perished would either remain buried at Ground Zero forever, with no closure for families, or be removed like garbage and deposited at the Fresh Kills Landfill," it said, adding: "Hundreds remained entombed in Ground Zero when Giuliani gave up on them." [158] Lawyers for the International Association of Fire Fighters seek to interview Giuliani under oath as part of a federal legal action alleging that New York City negligently dumped body parts and other human remains in the Fresh Kills Landfill. [159]

Politics

Before 2008 election

Since leaving office as mayor, Giuliani has remained politically active by campaigning for Republican candidates for political offices at all levels. When George Pataki became Governor in 1995, this represented the first time the positions of both Mayor and Governor were held simultaneously by Republicans since John Lindsay and Nelson Rockefeller. Giuliani and Pataki were instrumental in bringing the 2004 Republican National Convention to New York City. [160] He was a speaker at the convention, and endorsed President George W. Bush for re-election by recalling that immediately after the World Trade Center towers fell,

Without really thinking, based on just emotion, spontaneous, I grabbed the arm of then-Police Commissioner Bernard Kerik, and I said to him, 'Bernie, thank God George Bush is our president.' [161]

Similarly, in June 2006, Giuliani started a website called Solutions America to help elect Republican candidates across the nation.

After campaigning on Bush's behalf in the U.S. presidential election of 2004, he was reportedly the top choice for Secretary of Homeland Security after Tom Ridge's resignation. When suggestions were made that Giuliani's confirmation hearings would be marred by details of his past affairs and scandals, he turned down the offer and instead recommended his friend and former New York Police Commissioner Bernard Kerik. After the formal announcement of Kerik's nomination, information about Kerik's past – most notably, that he had ties to organized crime, had failed to properly report gifts he had received, had been sued for sexual harassment and had employed an undocumented alien as a domestic servant – became known, and Kerik withdrew his nomination. [162]

On March 15, 2006, Congress formed the Iraq Study Group (ISG). This bipartisan ten-person panel, of which Giuliani was one of the members, was charged with assessing the Iraq War and making recommendations. They would eventually unanimously conclude that contrary to Bush administration assertions, "The situation in Iraq is grave and deteriorating" and called for "changes in the primary mission" that would allow "the United States to begin to move its forces out of Iraq". [163]

On May 24, 2006, after missing all the group's meetings, [164] including a briefing from General David Petraeus, former Secretary of State Colin Powell and former Army Chief of Staff Eric Shinseki, [165] Giuliani resigned from the panel, citing "previous time commitments". [166] Giuliani's fundraising schedule had kept him from participating in the panel, a schedule which raised $11.4 million in speaking fees over fourteen months, [164] and that Giuliani had been forced to resign after being given "an ultimatum to either show up for meetings or leave the group" by group leader James Baker. [167] Giuliani subsequently said he had started thinking about running for president, and being on the panel might give it a political spin. [168]

Giuliani was described by Newsweek in January 2007 as "one of the most consistent cheerleaders for the president's handling of the war in Iraq" [169] and as of June 2007, he remained one of the few candidates for president to unequivocally support both the basis for the invasion and the execution of the war. [170]

Giuliani spoke in support of the removal of the People's Mujahedin of Iran (MEK, also PMOI, MKO) from the United States State Department list of Foreign Terrorist Organizations. The group was on the State Department list from 1997 until September 2012. They were placed on the list for killing six Americans in Iran during the 1970s and attempting to attack the Iranian mission to the United Nations in 1992. [171] [172] Giuliani, along with other former government officials and politicians Ed Rendell, R. James Woolsey, Porter Goss, Louis Freeh, Michael Mukasey, James L. Jones, Tom Ridge, and Howard Dean, were criticized for their involvement with the group. Some were subpoenaed during an inquiry about who was paying the prominent individuals' speaking fees. [173] Giuliani and others wrote an article for the conservative publication National Review stating their position that the group should not be classified as a terrorist organization. They supported their position by pointing out that the United Kingdom and the European Union had already removed the group from their terrorism lists. They further assert that only the United States and Iran still listed it as a terrorist group. [174] However, Canada did not delist the group until December 2012. [175]

2008 presidential campaign

In November 2006, Giuliani announced the formation of an exploratory committee toward a run for the presidency in 2008. In February 2007, he filed a "statement of candidacy" and confirmed on the television program Larry King Live that he was indeed running. [176]

Early polls showed Giuliani with one of the highest levels of name recognition ever recorded along with high levels of support among the Republican candidates. Throughout most of 2007, he was the leader in most nationwide opinion polling among Republicans. Senator John McCain, who ranked a close second behind the New York Mayor, had faded, and most polls showed Giuliani to have more support than any of the other declared Republican candidates, with only former Senator Fred Thompson and former Governor Mitt Romney showing greater support in some per-state Republican polls. [177] On November 7, 2007, Giuliani's campaign received an endorsement from evangelist, Christian Broadcasting Network founder, and past presidential candidate Pat Robertson. [178] This was viewed by political observers as a possibly key development in the race, as it gave credence that evangelicals and other social conservatives could support Giuliani despite some of his positions on social issues such as abortion and gay rights. [179]

Giuliani's campaign hit a difficult stretch during the last two months of 2007, when Bernard Kerik, whom Giuliani had recommended for the position of Secretary of Homeland Security, was indicted on 16 counts of tax fraud and other federal charges. [180] The media reported that when Giuliani was the mayor of New York, he billed several tens of thousands of dollars of mayoral security expenses to obscure city agencies. Those expenses were incurred while he visited Judith Nathan, with whom he was having an extramarital affair [181] (later analysis showed the billing to likely be unrelated to hiding Nathan). [182] Several stories were published in the press regarding clients of Giuliani Partners and Bracewell & Giuliani who were in opposition to goals of American foreign policy. [183] Giuliani's national poll numbers began steadily slipping and his unusual strategy of focusing more on later, multi-primary big states rather than the smaller, first-voting states was seen at risk. [184] [185]

Despite his strategy, Giuliani competed to a substantial extent [186] in the January 8, 2008, New Hampshire primary but finished a distant fourth with 9 percent of the vote. [187] Similar poor results continued in other early contests, when Giuliani's staff went without pay in order to focus all efforts on the crucial late January Florida Republican primary. [188] The shift of the electorate's focus from national security to the state of the economy also hurt Giuliani, [185] as did the resurgence of McCain's similarly themed campaign. On January 29, 2008, Giuliani finished a distant third in the Florida result with 15 percent of the vote, trailing McCain and Romney. [189] Facing declining polls and lost leads in the upcoming large Super Tuesday states, [190] [191] including that of his home New York, [192] Giuliani withdrew from the race on January 30, endorsing McCain. [193]

Giuliani's campaign ended up $3.6 million in arrears, [194] and in June 2008 Giuliani sought to retire the debt by proposing to appear at Republican fundraisers during the 2008 general election, and have part of the proceeds go towards his campaign. [194] During the 2008 Republican National Convention, Giuliani gave a prime-time speech that praised McCain and his running mate, Sarah Palin, while criticizing Democratic nominee Barack Obama. He cited Palin's executive experience as a mayor and governor and belittled Obama's lack of same, and his remarks were met with wild applause from the delegates. [195] Giuliani continued to be one of McCain's most active surrogates during the remainder of McCain's eventually unsuccessful campaign. [196]

After 2008 election

Following the end of his presidential campaign, Giuliani's "high appearance fees dropped like a stone". [197] He returned to work at both Giuliani Partners and Bracewell & Giuliani. [198] Giuliani explored hosting a syndicated radio show, and was reported to be in talks with Westwood One about replacing Bill O'Reilly before that position went to Fred Thompson (another unsuccessful 2008 GOP presidential primary candidate). [199] [200] During the March 2009 AIG bonus payments controversy, Giuliani called for U.S. Treasury Secretary Timothy Geithner to step down and said the Obama administration lacked executive competence in dealing with the ongoing financial crisis. [201]

Giuliani said his political career was not necessarily over, and did not rule out a 2010 New York gubernatorial or 2012 presidential bid. [202] A November 2008 Siena College poll indicated that although Governor David Paterson – promoted to the office via the Eliot Spitzer prostitution scandal a year before – was popular among New Yorkers, he would have just a slight lead over Giuliani in a hypothetical matchup. [203] By February 2009, after the prolonged Senate appointment process, a Siena College poll indicated that Paterson was losing popularity among New Yorkers, and showed Giuliani with a fifteen-point lead in the hypothetical contest. [204] In January 2009, Giuliani said he would not decide on a gubernatorial run for another six to eight months, adding that he thought it would not be fair to the governor to start campaigning early while the governor tries to focus on his job. [205] Giuliani worked to retire his presidential campaign debt, but by the end of March 2009 it was still $2.4 million in arrears, the largest such remaining amount for any of the 2008 contenders. [206] In April 2009, Giuliani strongly opposed Paterson's announced push for same-sex marriage in New York and said it would likely cause a backlash that could put Republicans in statewide office in 2010. [207] By late August 2009, there were still conflicting reports about whether Giuliani was likely to run. [208]

On December 23, 2009, Giuliani announced that he would not seek any office in 2010, saying "The main reason has to do with my two enterprises: Bracewell & Giuliani and Giuliani Partners. I'm very busy in both." [209] [210] The decisions signaled a possible end to Giuliani's political career. [210] [211] During the 2010 midterm elections, Giuliani endorsed and campaigned for Bob Ehrlich and Marco Rubio. [212] [213]

On October 11, 2011, Giuliani announced that he was not running for president. According to Kevin Law, the Director of the Long Island Association, Giuliani believed that "As a moderate, he thought it was a pretty significant challenge. He said it's tough to be a moderate and succeed in GOP primaries," Giuliani said "If it's too late for (New Jersey Governor) Chris Christie, it's too late for me." [214]

At a Republican fund-raising event in February 2015, Giuliani said, "I do not believe, and I know this is a horrible thing to say, but I do not believe that the president Obama loves America," and "He doesn't love you. And he doesn't love me. He wasn't brought up the way you were brought up and I was brought up, through love of this country." [215] In response to criticism of the remarks, Giuliani said, "Some people thought it was racist – I thought that was a joke, since he was brought up by a white mother . This isn't racism. This is socialism or possibly anti-colonialism." White House deputy press secretary Eric Schultz said he agreed with Giuliani "that it was a horrible thing to say", but he would leave it up to the people who heard Giuliani directly to assess whether the remarks were appropriate for the event. [215] Although he received some support for his controversial comments, Giuliani said he also received several death threats within 48 hours. [216]

Relationship with Donald Trump

Presidential campaign supporter

Giuliani supported Donald Trump in the 2016 U.S. presidential election. He gave a prime time speech during the first night of the 2016 Republican National Convention. [217] Earlier in the day, Giuliani and former 2016 presidential candidate Ben Carson appeared at an event for the pro-Trump Great America PAC. [218] Giuliani also appeared in a Great America PAC ad entitled "Leadership". [219] Giuliani's and Jeff Sessions's appearances were staples at Trump campaign rallies. [220]

During the campaign, Giuliani praised Trump for his worldwide accomplishments and helping fellow New Yorkers in their time of need. [221] He defended Trump against allegations of racism, [222] sexual assault, [223] and not paying any federal income taxes for as long as two decades. [224]

In August 2016, Giuliani, while campaigning for Trump, claimed that in the "eight years before Obama" became president, "we didn't have any successful radical Islamic terrorist attack in the United States". It was noted that 9/11 happened during George W. Bush's first term. Politifact brought up four more counter-examples (the 2002 Los Angeles International Airport shooting, the 2002 D.C. sniper attacks, the 2006 Seattle Jewish Federation shooting and the 2006 UNC SUV attack) to Giuliani's claim. Giuliani later said he was using "abbreviated language". [225] [226] [227]

Giuliani was believed to be a likely pick for Secretary of State in the Trump administration. [228] However, on December 9, 2016, Trump announced that Giuliani had removed his name from consideration for any Cabinet post. [229]

Advisor to the president

On January 12, 2017, the president-elect named Giuliani his informal cybersecurity adviser. [230] The status of this informal role for Giuliani is unclear because, in November 2018, Trump created the Cybersecurity and Infrastructure Security Agency (CISA), headed by Christopher Krebs as director and Matthew Travis as deputy. In the weeks following his appointment, Giuliani was forced to consult an Apple Store Genius Bar when he "was locked out of his iPhone because he had forgotten the passcode and entered the wrong one at least 10 times", belying his putative expertise in the field. [231]

In January 2017, Giuliani said he advised President Trump in matters relating to Executive Order 13769, which barred citizens of seven Muslim-majority countries from entering the United States for 90 days. The order also suspended the admission of all refugees for 120 days. [232]

Giuliani has drawn scrutiny over his ties to foreign nations, regarding not registering per the Foreign Agents Registration Act (FARA). [233]

Personal lawyer

In mid April 2018, Giuliani joined Trump's legal team, which dealt with the special counsel investigation by Robert Mueller into Russian interference in the 2016 U.S. elections. Giuliani said his goal was to negotiate a swift end to the investigation. [234]

In early May, Giuliani made public that Trump had reimbursed his personal attorney Michael Cohen $130,000 that Cohen had paid to adult-film actress Stormy Daniels for her agreement not to talk about her alleged affair with Trump. [235] Cohen had earlier insisted he used his own money to pay Daniels, and he implied that he had not been reimbursed. [236] Trump had previously said he knew nothing about the matter. [237] Within a week, Giuliani said some of his own statements regarding this matter were "more rumor than anything else". [238]

Later in May 2018, Giuliani, who was asked on whether the promotion of the Spygate conspiracy theory is meant to discredit the special counsel investigation, said the investigators "are giving us the material to do it. Of course, we have to do it in defending the president . it is for public opinion" on whether to "impeach or not impeach" Trump. [239] In June 2018, Giuliani claimed that a sitting president cannot be indicted: "I don't know how you can indict while he's in office. No matter what it is. If President Trump shot [then-FBI director] James Comey, he'd be impeached the next day. Impeach him, and then you can do whatever you want to do to him." [240]

In June 2018, Giuliani also said Trump should not testify to the special counsel investigation because "our recollection keeps changing". [241] In early July, Giuliani characterized that Trump had previously asked Comey to "give him [then-national security adviser Michael Flynn] a break". In mid-August, Giuliani denied making this comment: "What I said was, that is what Comey is saying Trump said." [242] On August 19 on Meet the Press, Giuliani argued that Trump should not testify to the special counsel investigation because Trump could be "trapped into perjury" just by telling "somebody's version of the truth. Not the truth." Giuliani's argument continued: "Truth isn't truth." Giuliani later clarified that he was "referring to the situation where two people make precisely contradictory statements". [243]

In late July, Giuliani defended Trump by saying "collusion is not a crime" and that Trump had done nothing wrong because he "didn't hack" or "pay for the hacking". [244] He later elaborated that his comments were a "very, very familiar lawyer's argument" to "attack the legitimacy of the special counsel investigation". [245] He also described and denied several supposed allegations that have never been publicly raised, regarding two earlier meetings among Trump campaign officials to set up the June 9, 2016, Trump Tower meeting with Russian citizens. [246] [247] [248] [249] In late August, Giuliani said the June 9, 2016, Trump Tower "meeting was originally for the purpose of getting information about Hillary Clinton". [250]

Additionally in late July, Giuliani attacked Trump's former personal lawyer Michael Cohen as an "incredible liar", two months after calling Cohen an "honest, honorable lawyer". [251] In mid-August, Giuliani defended Trump by saying: "The president's an honest man." [252]

It was reported in early September that Giuliani said the White House could and likely would prevent the special counsel investigation from making public certain information in its final report which would be covered by executive privilege. Also according to Giuliani, Trump's personal legal team is already preparing a "counter-report" to refute the potential special counsel investigation's report. [253]

Giuliani privately urged Trump in 2017 to extradite Fethullah Gülen. [254]

In late 2019, Giuliani represented Venezuelan businessman Alejandro Betancourt, meeting with the Justice Department to ask not to bring charges against him. [255]

In an interview with Olivia Nuzzi in New York magazine, Giuliani, who is a Roman Catholic of Italian descent, said, "Don't tell me I'm anti-Semitic if I oppose George Soros . I'm more of a Jew than Soros is." George Soros is a Hungarian-born Jew who survived The Holocaust. [256] [257] The Anti-Defamation League replied, "Mr. Giuliani should apologize and retract his comments immediately unless he seeks to dog whistle to hardcore anti-Semites and white supremacists who believe this garbage." [258]

As of February 16, 2021, Giuliani was reportedly not actively involved in any of Trump's pending legal cases. [259]

Attempts to get Ukraine to carry out investigations

Since at least May 2019, Giuliani has been urging Ukraine's newly elected president, Volodymyr Zelensky, to investigate the oil company Burisma, whose board of directors once included Joe Biden's son Hunter Biden, [260] and to check for irregularities in Ukraine's investigation of Paul Manafort. He said such investigations would benefit his client's defense, and that his efforts had Trump's full support. [261] Toward this end, Giuliani met with Ukrainian officials throughout 2019. [262] [263] [264] In July 2019, Buzzfeed News reported that two Soviet-born Americans, Lev Parnas [265] and Igor Fruman, were liaisons between Giuliani and Ukrainian government officials in this effort. Parnas and Fruman, prolific Republican donors, have neither registered as foreign agents in the United States, nor been evaluated and approved by the State Department. [266] Giuliani responded, "This (report) is a pathetic effort to cover up what are enormous allegations of criminality by the Biden family." [267] Yet by September 2019, there had been no clear evidence of wrongdoing by the Bidens. [268]

As of October 1, 2019, Giuliani hired former Watergate prosecutor Jon Sale to represent him in the House Intelligence Committee's impeachment investigation. [269] [270] The committee also issued a subpoena to Giuliani asking him to release documents related to the Ukraine scandal. [271] The New York Times reported on October 11, 2019, that the United States Attorney for the Southern District of New York, which Giuliani had once led, was investigating him for violating lobbying laws related to his activities in Ukraine. [19] The following month, Bloomberg News reported that the investigation could extend to bribery of foreign officials or conspiracy, and The Wall Street Journal reported Giuliani was being investigated for a possible profit motive in a Ukrainian natural gas venture. [272] [273] Giuliani has denied having any interest in a Ukrainian natural gas venture. [274] In late November, the Wall Street Journal reported that federal prosecutors had just issued subpoenas to multiple associates of Giuliani to potentially investigate certain individuals, apparently including Giuliani, on numerous potential charges, including money laundering, obstruction of justice, conspiracy to defraud the United States, making false statements to the federal government, and mail/wire fraud. [20]

On October 9, 2019, Parnas and Fruman were arrested for campaign finance violations [275] while attempting to board a one-way flight to Frankfurt [276] from Washington Dulles International Airport. [277] Giuliani was paid $500,000 to consult for Lev Parnas's company named "Fraud Guarantee". [278] Republican donor and Trump supporter Long Island attorney Charles Gucciardo paid Giuliani on behalf of Fraud Guarantee in two $250,000 payments, in September and October 2018. [279] [280]

In May 2019, Giuliani described Ukraine's chief prosecutor Yuriy Lutsenko as a "much more honest guy" than his predecessor, Viktor Shokin. After Lutsenko was removed from office, he said in September 2019 that he found no evidence of wrongdoing by the Bidens, and that he had met Giuliani about ten times. Giuliani then reversed his stance, saying that Shokin is the one people "should have spoken to", while Lutsenko acted "corruptly" and "is exactly the prosecutor that Joe Biden put in in order to tank the case". [281]

In September 2019, as reports surfaced that a whistleblower was alleging high-level misconduct related to Ukraine, Giuliani went on CNN to discuss the story. When asked if he had tried to get Ukrainian officials to investigate Biden, he initially replied "No, actually I didn't," but thirty seconds later said, "Of course I did." [282] In a later tweet he seemed to confirm reports that Trump had withheld military assistance funds scheduled for Ukraine unless they carried out the investigation. [283] He said, "The reality is that the president of the United States, whoever he is, has every right to tell the president of another country you better straighten out the corruption in your country if you want me to give you a lot of money. If you're so damn corrupt that you can't investigate allegations – our money is going to get squandered." [284]

Tom Bossert, a former Homeland Security Advisor in the Trump administration, described Giuliani's theory that Ukraine was involved in 2016 U.S. election interference as "debunked" Giuliani responded that Bossert "doesn't know what the hell he's talking about". [285]

On September 30, 2019, the House Intelligence Committee issued a subpoena to Giuliani asking him to release documents concerning the Ukraine scandal to Committee members by October 15, 2019. [286] On October 2, 2019, Steve Linick, the State Department's inspector general, delivered a 40-page packet of apparent disinformation regarding former vice president Joe Biden and former Ambassador to the Ukraine, Marie Yovanovitch, to Capitol Hill. Linick told congressional aides his office questioned Ulrich Brechbuhl, Pompeo's advisor about the origins of the packet. Brechbuhl noted the packet came to him from Pompeo, who said it "came over", and Brechbuhl reportedly presumed it was from the White House. Later that day, Giuliani acknowledged he passed the packet to Pompeo regarding the Ukraine and attacks on Yovanovich. In a November 2019 interview he confirmed that he had "needed Yovanovitch out of the way" because she was going to make his investigations difficult. [287] "They (the State Department) told me they would investigate it," Giuliani added. [288] Giuliani persuaded Trump to remove Yovanovich from office in spring 2019. By April 2021, the U.S attorney's office in Manhattan was investigating the role of Giuliani and his associates in Yovanovitch's removal. [289] [290]

U.S. ambassador to the European Union Gordon Sondland testified that Trump delegated American foreign policy on Ukraine to Giuliani. [291] The late 2019 impeachment inquiry against Donald Trump centered around Giuliani's actions involving Ukraine. In the compiled testimony and in the December reports of the House Intelligence Committee, Giuliani's name was mentioned more than any but Trump's. [292] [293] Some experts suggested that Giuliani may have violated the Logan Act. [294] [295] [296] [297] [298]

On November 22, 2019, Giuliani sent a letter to Senator Lindsey Graham, Chairman of the Committee on the Judiciary, informing him of at least three witnesses from Ukraine who Giuliani claimed had direct oral, documentary, and recorded evidence of Democratic criminal conspiracy with Ukrainians to prevent Trump's election and, after his election, to remove him from office via contrived charges. Giuliani's letter also claims that the witnesses had evidence of the Biden family's involvement in bribery, money laundering, Hobbs Act extortion, and other possible crimes. The letter sought Graham's help obtaining U.S. visas for the witnesses to testify. [299] [274] The next month, Graham invited Giuliani to share his findings with the Judiciary Committee, and soon advised him "to share what he got from Ukraine with the [intelligence community] to make sure it's not Russia propaganda". [300] [301]

Dmytry Firtash is a Ukrainian oligarch who is prominent in the natural gas sector. In 2017, the Justice Department characterized him as being an "upper echelon (associate) of Russian organized crime". [302] Since his 2014 arrest in Vienna, Austria at the request of American authorities, he has been living there on $155 million bail while fighting extradition to the United States on bribery and racketeering charges, and has been seeking to have the charges dropped. [303] Firtash's attorneys obtained a September 2019 statement [304] from Viktor Shokin, the former Ukrainian prosecutor general who was forced out under pressure from multiple countries and non-governmental organizations, as conveyed to Ukraine by Joe Biden. Shokin falsely asserted in the statement that Biden actually had him fired because he refused to stop his investigation into Burisma. Giuliani, who asserts he has "nothing to do with" and has "never met or talked to" Firtash, promoted the statement in television appearances as purported evidence of wrongdoing by the Bidens. Giuliani told CNN he met with a Firtash attorney for two hours in New York City at the time he was seeking information about the Bidens. [305] [306] [307]

Firtash is represented by Trump and Giuliani associates Joseph diGenova and his wife Victoria Toensing, having hired them on Parnas's recommendation in July 2019. [308] The New York Times reported in November 2019 that Giuliani had directed Parnas to approach Firtash with the recommendation, with the proposition that Firtash could help provide damaging information on Biden, which Parna's attorney described was "part of any potential resolution to [Firtash's] extradition matter". [309] Shokin's statement notes that it was prepared "at the request of lawyers acting for Dmitry Firtash ('DF'), for use in legal proceedings in Austria". [308] [305] Giuliani presented the Shokin statement during American television appearances. Bloomberg News reported on October 18 that during the summer of 2019 Firtash associates began attempting to dig up dirt on the Bidens in an effort to solicit Giuliani's assistance with Firtash's legal matters. Bloomberg News also reported that its sources told them Giuliani's high-profile publicity of the Shokin statement had greatly reduced the chances of the Justice Department dropping the charges against Firtash, as it would appear to be a political quid pro quo. [310] diGenova has said he has known U.S. Attorney General Bill Barr for thirty years, as they both worked in the Reagan Justice Department. [311] The Washington Post reported on October 22 that after they began representing Firtash, Toensing and diGenova secured a rare face-to-face meeting with Barr to argue the Firtash charges should be dropped, but he declined to intervene. [312]

On October 18, The New York Times reported that weeks earlier, before his associates Parnas and Fruman were indicted, Giuliani met with officials with the criminal and fraud divisions of the Justice Department regarding what Giuliani characterized as a "very, very sensitive" foreign bribery case involving a client of his. The Times did not name whom the case involved, but shortly after publication of the story Giuliani told a reporter it was not Firtash. [313] [314] Two days later, the Justice Department said its officials would not have met with Giuliani had they known his associates were under investigation by the SDNY. [315]

On December 3, 2019, the House Intelligence Committee's report included phone records acquired via subpoenas, including numerous phone calls made by Giuliani between April and August 2019. [316] : 58–59, 116–117, 155–159 Calls involved Giuliani in contact with Kurt Volker, [316] : 58 Republican Representative and House Intelligence Committee Ranking Member Devin Nunes, [316] : 155 Lev Parnas, [316] : 156 numbers associated with the Office of Management and Budget and the White House switchboard, [316] : 116–117 and an unidentified White House official whose phone number is referenced as "-1". [316] : 58, 117, 156, 158–159 Chairman Adam Schiff of the House Intelligence Committee announced after the report's release that his committee was investigating whether "-1" referred to President Trump, [317] citing grand jury evidence from the trial of convicted Trump-associate Roger Stone in which the phone number "-1" was shown to have referred to Trump. [317] [318] Writing for The Washington Post, analyst Philip Bump reasoned that Giuliani's calls with "-1" are 'likely' calls with Trump citing that Giuliani speaks longer with "-1" than any other person, [319] "-1" always calls Giuliani, and generally after Giuliani calls the White House switchboard, [319] and timing of some of President Trump's actions shortly after Giuliani's calls with "-1" ended. [319]

In early December 2019, while the House Judiciary Committee began holding public hearings for the impeachment inquiry, Giuliani returned to Ukraine to interview former Ukrainian officials for a documentary series seeking to discredit the impeachment proceedings. [320] U.S. officials told The Washington Post that Giuliani would have been considered a target of Russian intelligence efforts from early in Trump's presidency, and particularly after Giuliani turned his focus to Ukraine — a former Soviet republic under attack from Russia and with deep penetration by Russian intelligence services. [321] Analysts say Trump's and Giuliani's habit of communicating over unencrypted lines makes it highly likely that foreign intelligence agencies could be listening in on the president's unsecured calls with Giuliani and that foreign intelligence agencies often collect intelligence about a primary target through monitoring communications of other people who interact with that target. [321]

In a December 2019 opinion piece, former FBI director, CIA director and federal judge William Webster wrote of "a dire threat to the rule of law in the country I love". In addition to chastising President Trump and attorney general Bill Barr, Webster wrote he was "profoundly disappointed in another longtime, respected friend, Rudy Giuliani" because his "activities of late concerning Ukraine have, at a minimum, failed the smell test of propriety". [322] Since 2005, Webster had served as the chair of the Homeland Security Advisory Council.

NBC News reported in December 2020 that SDNY investigators, which were reported in late 2019 to be investigating Giuliani's activities, [323] had discussed with Justice Department officials in Washington the possibility of acquiring Giuliani's emails, which might require headquarters approval due to protection by attorney–client privilege. [324] The New York Times reported in February 2021 that the SDNY had requested a search warrant of Giuliani's electronic records in summer 2020, but were met with resistance from high-level political appointees in the Washington headquarters, ostensibly because the election was near, while career officials were supportive of the search warrant. The Justice Department generally avoids taking significant actions relating to political figures that might become public within sixty days of an election. Senior political appointees nevertheless opposed the effort after the election, noting Giuliani played a leading role in challenging the election results. The officials deferred the matter to the incoming Biden administration. [325]

Federal investigators in Manhattan executed search warrants on the early morning of April 28, 2021 at Giuliani's office and Upper East Side apartment, seizing his electronic devices and searching the apartment. [326] [327] FBI agents also executed a search warrant that day on Toensing's Washington, D.C.-area home and confiscated her cellphone. [326] In April 2021, Giuliani's attorney said investigators told him they had searched his client's iCloud account beginning in late 2019, later arguing to a judge that the search was illegal and so the subsequent raid on Giuliani's properties was "fruit of this poisoned tree," demanding to review documents justifying the iCloud search. [328] In May 2021, the SDNY confirmed in a court filing that in late 2019 it obtained search warrants for Giuliani's iCloud account, and that of Toensing, as part of "an ongoing, multi-year grand jury investigation into conduct involving Giuliani, Toensing, and others," and argued that attorneys for Giuliani and Toensing were not entitled to review the underlying documents of the warrants prior to any charges. Giuiliani and Toensing asserted their attorney-client privilege with clients may have been violated by the iCloud searches, which investigators disputed, saying they employed a "filter team" to prevent them from seeing information potentially protected by attorney-client privilege. [329] Federal judge J. Paul Oetken days later ruled in favor of investigators regarding the warrant documents and granted their request for a special master to ensure attorney-client privilege was maintained. [330]

The New York Times reported in February 2021 that the SDNY was scrutinizing Giuliani's association with Firtash in efforts to discredit the Bidens, and efforts to lobby the Trump administration on behalf of Ukrainian officials and oligarchs. [325] Time reported in May 2021 it had spoken with three unidentified witnesses who said they were questioned by investigators, two of whom said they had worked with Giuliani while cooperating with investigators one witness said investigators were particularly interested in Giuliani's association with Firtash. [331]

United States intelligence community analysis released in March 2021 found that Ukrainian politician Andrii Derkach was among proxies of Russian intelligence who promoted and laundered misleading or unsubstantiated narratives about Biden "to US media organizations, US officials, and prominent US individuals, including some close to former President Trump and his administration". [332] [333] Giuliani met with Derkach in December 2019. [334]

On June 8, 2021, CNN uncovered exclusive audio of a 2019 phone call from Giuliani to Ukraine, stating that "Rudy Giuliani relentlessly pressured and coaxed the Ukrainian government in 2019 to investigate baseless conspiracies about then-candidate Joe Biden." [335]

2020 election lawsuits

In November 2020, following Joe Biden being named president-elect, Trump placed Giuliani in charge of lawsuits related to alleged voter irregularities in the 2020 United States presidential election. [336] Despite not having argued a case in a courtroom for over three decades, [337] Giuliani applied for special permission to represent the Trump presidential campaign in the federal court of Pennsylvania, where he is not admitted to practice law. In his application he misrepresented his status as being a member in good standing of the District of Columbia Bar. The D.C. Bar's registry shows that his admission has been suspended for nonpayment of fees. [338]

Giuliani claims to have over 200 signed affidavits attesting to voter fraud and election official misconduct in Michigan and Pennsylvania but is yet to win a case proving the validity of any of the allegations of fraud. [339] The Trump lawsuit seeks to invalidate up to 700,000 mail-in ballots and stop Pennsylvania from certifying its election results. [338] In his first day in court on the case, November 17, 2020, Giuliani struggled with many rudimentary processes of law and representation, and was accused by lawyers for the Pennsylvania Secretary of State of making legal arguments that were "disgraceful in an American courtroom". [340] Judge Matthew Brann also stated, "At bottom, you're asking this court to invalidate some 6.8 million votes thereby disenfranchising every single voter in the commonwealth . Can you tell me how this result could possibly be justified?" [341]

Trump designated Giuliani to lead a legal team to challenge the election results, including Sidney Powell, Joseph diGenova, Victoria Toensing and Trump campaign attorney Jenna Ellis a self-described "elite strike force". [342] [343] The team appeared at a November 19 press conference in which they made numerous false and unsubstantiated assertions revolving around an international Communist conspiracy, rigged voting machines and polling place fraud to claim that the election had been stolen from Trump. [22] [344] [345] [346] [347] Regarding "rigged voting machines", Giuliani made several false assertions about Dominion Voting Systems, including that its voting machines used software developed by a competitor, Smartmatic, which he claimed actually owned Dominion, and which he said was founded by the former socialist Venezuelan leader Hugo Chávez. Giuliani also falsely asserted that Dominion voting machines sent their voting data to Smartmatic at foreign locations and that it is a "radical-left" company with connections to antifa. [348] [349] Dominion later filed a defamation lawsuit against Giuliani on January 25, 2021, seeking $1.3 billion in damages. [350] On February 4, 2021, Smartmatic also filed a lawsuit that accused Giuliani, Fox News, some hosts at Fox News, and Sidney Powell of engaging in a "disinformation campaign" against the company, and asked for $2.7 billion in damages. [351]

Though Giuliani himself had voted on October 31 in Manhattan using a provisional ballot (in which the poll worker doesn't see the voter's name on the rolls, so the voter swears an affidavit oath that they are registered to vote), he repeatedly publicly denounced provisional ballots, arguing that the practice is a source of vote fraud. [352]

His federal lawsuit against Pennsylvania was dismissed with prejudice on November 21, 2020, with the judge citing "strained legal arguments without merit and speculative accusations" which were "unsupported by evidence". Giuliani and Jenna Ellis reacted by stating that the ruling "helps" the Trump campaign "get expeditiously to the U.S. Supreme Court". They also pointed out that the judge, Matthew W. Brann, was "Obama-appointed", though Brann is also a Republican and a former member of the right-leaning Federalist Society. [353] [354]

The Trump campaign appealed the lawsuit to the Third Circuit Court of Appeals, where a three-judge panel on November 27 rejected the Trump campaign's attempt to undo Pennsylvania's vote certification, because the Trump campaign's "claims have no merit". [355] The panel also ruled that the District Court was correct in preventing the Trump campaign from conducting a second amendment of its complaint. [355] An amendment would be pointless, ruled the judges, because the Trump campaign was not bringing facts before the court, and not even alleging fraud. Judge Stephanos Bibas highlighted that Giuliani himself told the district court that the Trump campaign "doesn't plead fraud", and that this "is not a fraud case". [356] The panel concluded that neither "specific allegations" nor "proof" was provided in this case, and that the Trump campaign "cannot win this lawsuit". [355] [357]

Giuliani and Ellis reacted to the appeals court ruling by condemning the "activist judicial machinery in Pennsylvania". [355] Of the three Appeal Court judges, Stephanos Bibas, who delivered the opinion, was appointed by Trump himself, while judges D. Brooks Smith and Michael Chagares were appointed by Republican president George W. Bush. [358]

In the last days of the Trump administration, when White House aides were soliciting fees to lobby for presidential pardons, [359] Giuliani said that while he'd heard that large fees were being offered, he did not work on clemency cases, saying "I have enough money. I'm not starving." [359]

Attack on the Capitol

On January 6, 2021, Giuliani spoke at a "Save America March" rally on the Ellipse that was attended by Trump supporters protesting the election results. He repeated conspiracy theories that voting machines used in the election were "crooked" and called for "trial by combat". [360] Trump supporters subsequently stormed the U.S. Capitol in a riot that resulted in the death of five people, including a police officer, [361] [362] and temporarily disrupted the counting of the Electoral College vote. [363]

Giuliani had reportedly been calling Republican lawmakers to urge them to delay the electoral vote count in order to ultimately throw the election to Trump. Giuliani attempted to contact Alabama Sen. Tommy Tuberville, a Trump ally, around 7:00 p.m. on January 6, after the Capitol storming, to ask him to "try to just slow it down" by objecting to multiple states and "raise issues so that we get ourselves into tomorrow – ideally until the end of tomorrow". However, Giuliani mistakenly left the message on the voicemail of another senator, who leaked the recording to The Dispatch. [364] Rick Perlstein, a noted historian of the American conservative political movement, termed Giuliani's attempts to slow certification in the wake of the riot as treasonous. "Sedition. Open and shut. He talked about the time that was being opened up. He was welcoming, and using, the violence. This needs to be investigated," Perlstein tweeted on January 11, 2021. [365]

Giuliani faced criticism for his appearance at the rally and the Capitol riot that followed it. Former Congressman and MSNBC host Joe Scarborough called for the arrest of Giuliani, President Trump, and Donald Trump Jr. [366] Manhattan College president Brennan O'Donnell stated in a January 7 open letter to the college community, "one of the loudest voices fueling the anger, hatred, and violence that spilled out yesterday is a graduate of our College, Rudolph Giuliani. His conduct as a leader of the campaign to de-legitimize the election and disenfranchise millions of voters – has been and continues to be a repudiation of the deepest values of his alma mater." [367]

On January 11, the New York State Bar Association, an advocacy group for the legal profession in New York state, announced that it was launching an investigation into whether Giuliani should be removed from its membership rolls, noting both Giuliani's comments to the Trump supporter rally at the Ellipse on January 6, and that it "has received hundreds of complaints in recent months about Mr. Giuliani and his baseless efforts on behalf of President Trump to cast doubt on the veracity of the 2020 presidential election and, after the votes were cast, to overturn its legitimate results". [368] [369] Removal from the group's membership rolls would not directly disbar Giuliani from practicing law in New York. [370] New York State Sen. Brad Hoylman and lawyers' group Lawyers Defending American Democracy, also filed a complaints against Giuliani with the Attorney Grievance Committee of the First Judicial Department of the New York Supreme Court, which has the authority to discipline and disbar licensed New York lawyers. [369] [371] [372]

On January 29, Giuliani falsely claimed that The Lincoln Project played a role in the organization of the Capitol riot. [373] In response, Steve Schmidt announced that the group would be taking legal action against Giuliani for defamation. [374]

Suspension of law license

On June 24, 2021, a New York appellate court suspended Giuliani's law license. The panel of five justices found that there was "uncontroverted" evidence that Giuliani made "demonstrably false and misleading statements to courts, lawmakers and the public" and that "These false statements were made to improperly bolster (Giuliani's) narrative that due to widespread voter fraud, victory in the 2020 United States presidential election was stolen from his client." [24] [25] [375] The court concluded that Giuliani's conduct "immediately threatens the public interest and warrants interim suspension from the practice of law". [24] [25] [375]

Giuliani Partners

After leaving the New York City mayor's office, Giuliani founded a security consulting business, Giuliani Partners LLC, in 2002, a firm that has been categorized by multiple media outlets as a lobbying entity capitalizing on Giuliani's name recognition, [376] [377] and which has been the subject of allegations surrounding staff hired by Giuliani and due to the firm's chosen client base. [378] Over five years, Giuliani Partners earned more than $100 million. [379]

In June 2007, he stepped down as CEO and Chairman of Giuliani Partners, [183] although this action was not made public until December 4, 2007 [380] he maintained his equity interest in the firm. [183] Giuliani subsequently returned to active participation in the firm following the election. In late 2009, Giuliani announced that they had a security consulting contract with Rio de Janeiro, Brazil regarding the 2016 Summer Olympics. [211] He faced criticism in 2012 for advising people once allied with Slobodan Milošević who had lauded Serbian war criminals. [381]

Bracewell & Giuliani

In 2005, Giuliani joined the law firm of Bracewell & Patterson LLP (renamed Bracewell & Giuliani LLP) as a name partner and basis for the expanding firm's new New York office. [382] When he joined the Texas-based firm he brought Marc Mukasey, the son of Attorney General Michael Mukasey, into the firm.

Despite a busy schedule, Giuliani was highly active in the day-to-day business of the law firm, which was a high-profile supplier of legal and lobbying services to the oil, gas, and energy industries. Its aggressive defense of pollution-causing coal-fired power plants threatened to cause political risk for Giuliani, but association with the firm helped Giuliani achieve fund-raising success in Texas. [383] In 2006, Giuliani acted as the lead counsel and lead spokesmen for Bracewell & Giuliani client Purdue Pharma, the makers of OxyContin, during their negotiations with federal prosecutors over charges that the pharmaceutical company misled the public about OxyContin's addictive properties. The agreement reached resulted in Purdue Pharma and some of its executives paying $634.5 million in fines. [384]

Bracewell & Giuliani represented corporate clients before many U.S. government departments and agencies. Some clients have worked with corporations and foreign governments. [385]

Giuliani left the firm in January 2016, [386] by "amicable agreement", [387] and the firm was rebranded as Bracewell LLP.

Greenberg Traurig

In January 2016, Giuliani moved to the law firm Greenberg Traurig, where he served as the global chairman for Greenberg's cybersecurity and crisis management group, as well as a senior advisor to the firm's executive chairman. [388] In April 2018, he took an unpaid leave of absence when he joined Trump's legal defense team. [389] He resigned from the firm on May 9, 2018. [390]

Lobbying in Romania

In August 2018, Giuliani was retained by Freeh Group International Solutions, a global consulting firm run by former FBI Director Louis Freeh, which paid him a fee to lobby Romanian president Klaus Iohannis to change Romania's anti-corruption policy and reduce the role of the National Anticorruption Directorate. Giuliani argued that the anti-corruption efforts had gone too far. [391] [392]

Marriages and relationships

Giuliani married Regina Peruggi, whom he had known since childhood, on October 26, 1968. The marriage was in trouble by the mid-1970s and they agreed to a trial separation in 1975. [393] Peruggi did not accompany him to Washington when he accepted the job in the Attorney General's Office. [35] Giuliani met local television personality Donna Hanover sometime in 1982, and they began dating when she was working in Miami. Giuliani filed for legal separation from Peruggi on August 12, 1982. [393] The Giuliani-Peruggi marriage legally ended in two ways: a civil divorce was issued by the end of 1982, [394] while a Roman Catholic church annulment of the marriage was granted at the end of 1983, [393] reportedly because Giuliani had discovered that he and Peruggi were second cousins. [395] [396] Alan Placa, Giuliani's best man, later became a priest and helped secure the annulment. Giuliani and Peruggi had no children. [397]

Giuliani married Hanover in a Catholic ceremony at St. Monica's Church in Manhattan on April 15, 1984. [393] [398] They had two children, Andrew and Caroline Rose, who is a filmmaker in the LGBTQ+ community and has described herself as "multiverses apart" from her father. [399]

Giuliani was still married to Hanover in May 1999 when he met Judith Nathan, a sales manager for a pharmaceutical company, at Club Macanudo, an Upper East Side cigar bar. [400] By 1996, Donna Hanover had reverted to her professional name and virtually stopped appearing in public with her husband amid rumors of marital problems. [401] Nathan and Giuliani formed an ongoing relationship. [400] [402] In summer 1999, Giuliani charged the costs for his NYPD security detail to obscure city agencies in order to keep his relationship with Nathan from public scrutiny. [181] [403] The police department began providing Nathan with city-provided chauffeur services in early 2000. [403]

By March 2000, Giuliani had stopped wearing his wedding ring. [404] The appearances that he and Nathan made at functions and events became publicly visible, [404] [405] although they were not mentioned in the press. [406] The Daily News and the New York Post both broke news of Giuliani's relationship with Nathan in early May 2000. [406] Giuliani first publicly acknowledged her on May 3, 2000, when he said Judith was his "very good friend". [404]

On May 10, 2000, Giuliani held a press conference to announce that he intended to separate from Hanover. [407] [408] Giuliani had not informed Hanover about his plans before the press conference. [409] This was an omission for which Giuliani was widely criticized. [410] Giuliani then went on to praise Nathan as a "very, very fine woman" and said about Hanover that "over the course of some period of time in many ways, we've grown to live independent and separate lives." Hours later Hanover said, "I had hoped that we could keep this marriage together. For several years, it was difficult to participate in Rudy's public life because of his relationship with one staff member." [411]

Giuliani moved out of Gracie Mansion by August 2001 and into an apartment with a couple he was friends with. [412] [413] Giuliani filed for divorce from Hanover in October 2000, [414] and a public battle broke out between their representatives. [415] Nathan was barred by court order from entering Gracie Mansion or meeting his children before the divorce was final. [416]

In May 2001, Giuliani's attorney revealed that Giuliani was impotent due to prostate cancer treatments and had not had sex with Nathan for the preceding year. "You don't get through treatment for cancer and radiation all by yourself," Giuliani said. "You need people to help you and care for you and support you. And I'm very fortunate I had a lot of people who did that, but nobody did more to help me than Judith Nathan." [417] In a court case, Giuliani argued that he planned to introduce Nathan to his children on Father's Day 2001 and that Hanover had prevented this visit. [418] Giuliani and Hanover finally settled their divorce case in July 2002 after his mayoralty had ended, with Giuliani paying Hanover a $6.8 million settlement and granting her custody of their children. [419] Giuliani married Nathan on May 24, 2003, and gained a stepdaughter, Whitney. It was also Nathan's third marriage after two divorces. [411]

By March 2007, The New York Times and the Daily News reported that Giuliani had become estranged from both his son Andrew and his daughter Caroline. [420] [421] In 2014, he said his relationship with his children was better than ever, and was spotted eating and playing golf with Andrew. [422]

Nathan filed for divorce from Giuliani on April 4, 2018 after 15 years of marriage. [423] According to an interview with New York magazine, "For a variety of reasons that I know as a spouse and a nurse . he has become a different man." [424] The divorce was settled on December 10, 2019. [425]

In October 2020, following myriad joint public appearances, Giuliani confirmed that he is in a relationship with Maria Ryan, a nurse practitioner and hospital administrator whom his ex-wife Nathan has alleged to have been his mistress for an indeterminate period during their marriage. [426] As of 2018, Ryan was married to United States Marine Corps veteran Robert Ryan, with Giuliani characterizing the couple as platonic friends in response to contemporaneous press inquiries. [427]

Prostate cancer

In April 1981, Giuliani's father died, at age 73, of prostate cancer, at Memorial Sloan–Kettering Cancer Center. 19 years later, in April 2000, Giuliani, then aged 55, was diagnosed with prostate cancer following a prostate biopsy, after an elevated screening PSA. [428] Giuliani chose a combination prostate cancer treatment consisting of four months of neoadjuvant Lupron hormonal therapy, then low dose-rate prostate brachytherapy with permanent implantation of ninety TheraSeed radioactive palladium-103 seeds in his prostate in September 2000, [429] followed two months later by five weeks of fifteen-minute, five-days-a-week external beam radiotherapy at Mount Sinai Medical Center, [430] with five months of adjuvant Lupron hormonal therapy. [431]

COVID-19

On December 6, 2020, Trump announced that Giuliani had contracted COVID-19. Giuliani was admitted to MedStar Georgetown University Hospital the same day. [432] He was discharged from the hospital on December 9. [433]

It was unclear when he received the positive test. [434] In the days leading up to the announcement, Giuliani had been to multiple indoor hearings without wearing a mask, and requested that others remove their masks. [435] The Arizona Legislature closed for one week starting on December 7, 2020, as 15 current and future members had met with Giuliani. He had also met with Republican legislators in Michigan and Georgia, potentially exposing them. [436]

Religious beliefs

Giuliani has declined to comment publicly on his religious practice and beliefs, although he identifies religion as an important part of his life. When asked if he is a practicing Catholic, Giuliani answered, "My religious affiliation, my religious practices and the degree to which I am a good or not-so-good Catholic, I prefer to leave to the priests." [437]


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