The Royal Tenenbaums (2001) Directed by Wes Anderson

Nick:
Family disagreements, forced silences, different perspectives; nothing brings as much turmoil and discomfort as families at war. I have always seen myself as the black sheep in my family, I seemed to embrace my adopted nation's cultural values much more than the rest of my family (England, compared to my parents' Italy.) I also lacked any moral allegiance to religious guidance. It's still like that really. I love my family dearly, but one has to acknowledge the difference. The Royal Tenenbaums does not impact on my own family in any way. It is however, one of my favorite films of recent times.

After Rushmore, it's fair to say that The Royal Tenenbaums was the movie where Wes Anderson not only cemented his reputation as being a visually stylish director but also a distinctive one. Nowadays you can see the influence of this film everywhere. It's in the color co-ordination of the sets and characters, the bloody great use of soundtrack (Elliot Smith, Nico, The Velvet Underground) that gives hints it's an Anderson movie. But as well as embracing Bill Murray in his movies, it's the fact that Anderson knows how to use the goddess that is Angelica Huston. He remembers that Huston was the daughter of John and the lover of Jack and affords her the true presence and authority of character that Angelica should always demand in her roles. The Royal Tenenbaums also acknowledges that Gene Hackman, when on form, is the equal to any actor out there. His lovable scoundrel Royal is the beating heart here, Hackman brings this one to life.

So, we get tragedy and laughs in equal measure, but neither seems out of place or uncomfortable in this context. The big issues, life and love and death are dealt with. I love this film. Nothing in mainstream American cinema really compares. Anderson may never make a movie as great as this again (though he's come close). Gwyneth Paltrow, Ben Stiller and Luke Wilson certainly won't. If this has somehow alluded you, go find it now. The Royal Tenenbaums is masterful entertainment.

Astrid:
The Royal Tenenbaums was a movie Nick and I watched in 2002. It was one of the early cinema experiences we shared – we even found a huge poster for the film and hung it on our kitchen wall for some years. Therefore the aesthetic of all subsequent Wes Anderson movies and their continual dealing with love and dysfunction have felt directly personal to me – or to us – in my interpretation. The film meant so much to me on so many levels that when my parents were divorcing in 2005, I gave my dad a copy of the film thinking he would appreciate it. He hated The Royal Tenenbaums.

It is a movie about an estranged father trying to make it back to his family after years of neglect and wrong doing. Yet, it is not only about the dad and his often failing attempts to get back the love he is missing. There are the children and their mother. The three adult children (played by Gwyneth Paltrow, Ben Stiller, Luke Wilson) who one by one move back to the family home and suffer from various degrees of depression, are at the heart of the story. The mother (Angelica Houston), who is about to marry her longtime friend and accountant, is there too. The point is that they can all move on in their personal lives through the confrontation with the returning father/husband.

Wes Anderson knows how to make an intelligent and deeply-felt drama, while at the same time, showing the comic side of life. He wrote the script with Owen Wilson. The other thing that Anderson is a master at is the look of every frame in his pictures. Viewing his shots, as well as his moving scenes, as detailed portraits (almost like paintings) of characters is essential. There is thought to each detail, reason for each strayed hair. In a long relationship you sometimes question whether the partners involved have anything left from the selves they were at the beginning of things. It is hard to remember. The Royal Tenenbaums is our relationship ruler, by which we can measure how far then is from now.

Atonement (2007) Directed by Joe Wright

 Astrid:We watched Atonement one Christmas Eve some years ago and were left with a hesitation about whether the film was any good. It took us until last night to feel like reviewing the movie. This time around, I was quite convinced by it. Atonement fulfilled similar cinema needs as The English Patient used to – until I watched it one too many times. There is the romance that is all the more romantic because the lovers are doomed to never make it to the boring repetitive everyday life together. There is the period setting, the first half of the 20th century, which is a much more aesthetic time than the present. There is the epic scale of the picture, and actually and surprisingly, a good and complex enough story line to carry us through.

I'm still not a huge fan of Keira Knightly – like I don't get Audry Hepburn, I just don't get the anorexic gazelle look – and I find it difficult to peer through her looks into the acting. But hey, at least this time I sympathized with her hopeless love story and believed her passion. I got passed the superstar into the narrative.

Atonement is of course a very popular novel by Ian McEwan and I must credit most of the film's success with me to the writer of the original fiction. The juiciest and most thought-provoking aspect of the story is not the cross-class-border romance, it is the story of the writer woman, who as a young girl of ten destroys the love, and eventually the lives, of her sister and the sister's lover by accusing him wrongly of rape. Then she grows into a well-read fiction writer and she exploits the two lost people even more by writing their (and her) story. The tragedy is that the whole misunderstanding and loss could have been avoided by providing sex education to young children and by getting rid of the rigid class system.

Nick:
Toff. At one point in Atonement, Robbie (as played with Trevor Howard like intensity by James McAvoy) insists he is not a toff. Although his character, through association, aspires to move up the classes class distinction ultimately destroys his ambitions. So why does Atonement deserve to stand out from the overcrowded British upper class dwelling period drama? Do we need films with such plummy accented characters? I gave up reading Ian McEwan's celebrated book, bored by it. It's my second time watching Atonement and something struck me in a good way on the second viewing.

The faults of the picture are seemingly enough to give up on the whole exercise. Keira Knightley has yet to deliver in any significant way in any movie I've watched her in. Here she's on auto-pilot. McAvoy on the other hand, is bright. Unfortunately for me, he reminds me of a young David Cameron, so it's really difficult to initially feel any sympathy towards his character. The opening half an hour of the film flirts with tension and ultimately delivers us a sermon on coming-of-age sexual awakening mixed with tragedy, and the aforementioned class role playing. Director Wright's time framing of the film has a little of the art school project about it and can feel intrusive.

On the other hand, Wright's bravura French sea shore, one shot scene, which seems never ending, depicting the madness and sheer lunacy of the Second World War, is masterful. It lifts Atonement to a different level, that one piece of inspired film making.  It's still not enough to save Atonement from being pretentious. What improved the film so much this second viewing was my own mood. I was feeling sentimental, so I wanted to believe in the central love story between the McAvoy and Knightley characters. I survived Atonement this time, even it's twisted ending that seems zoomed in from a different picture. Yes, one has to admit, there are moments of brilliance here.

Forthcoming Attractions

Nick:

The Tree Of Life (released this week in Finland), directed by Hollywood's reclusive Terrence Malick interests me purely as it utilities the great Douglas Trumbull (of 2001 fame) in a tale that seems worryingly deeply religious. Brad Pitt stars which is enough to turn me off, but I'm interested in the creation of earth and the dinosaurs.

Dredd is due to open in 2012. It looks like this time round Judge Dredd will be treated with the respect that Danny Cannon's 1995 Sylvester Stallone starring vehicle obviously lacked. One of my all time favorite characters, I hope they get it right this time.

George Harrison: Living In The Material World sees Martin Scorsese back in documentary mode. Nowadays, it fair to say that this excites me more than his movies. After his Dylan masterclass, I wonder if Scorsese can shed any light on one of the most written about people ever? Out on DVD in October 2011.


Astrid:

Midnight In Paris continues Woody Allen's travels in Europe. I have been somewhat disappointed with the last couple of Allen films, almost getting tired of the things I used to love in his movies. Yet, this trailer has given me hope that Woody in Paris means Woody back in romantic and truly witty form. I'll report on this later.

Le Havre has fascinated me ever since I saw Aki Kaurismäki's interview in Cannes earlier this year. He spouts out in an unfashionable manner. He has the courage to do something ethically involved as well as light-hearted while dealing with a serious topic such as immigration and the EU's closed borders. At least that's how it seems, but I have not seen the film yet.

Larry Crowne is this summer's Tom Hanks and Julia Roberts movie. Despite not really enjoying Julia Roberts in Eat, Pray, Love last year, I feel strangely ready for Julia with Hank. I guess I'm hoping it'll be something like Sleepless in Seattle...why? Well, every now and again I need my movies predicable, stereotypical, Hollywood-faced and safe in an almost boring manner. Larry Crowne seems to promise to be all those things.

Commentary on SLAM Mummy Mask Case - Proceeds Contraband and Statute of Limitations

The current civil litigation surrounding whether the Ka-Nefer-Nefer mummy mask is contraband is worth following given the current legal arguments in play.

The mask, located at the St. Louis Art Museum (SLAM), is claimed by the federal government to be contraband, which is always unlawful to possess. SLAM, meanwhile, argues that the mask, if it is contraband, must be considered derivative contraband, compelling the government to prove that the mask was utilized in the commission of a crime.

It is open to discussion whether the mummy mask fits into the same category as contraband like illegal narcotics. It is also remarkable to think of the mummy mask as derivative contraband like a car used in illegal gun running. It may be that both legal theories are inexact.

The mummy mask might be categorized as proceeds or fruits instead.

Broadly speaking, criminal search and seizure law categorizes property as fruits, instrumentalities, or contraband. Fruits of a crime are the proceeds of a criminal transaction. These items are ones connected with a criminal act and may be seized. Instrumentalities are objects used to facilitate a crime, and these too may be seized. Contraband items are ones that are plainly unlawful to possess like counterfeit money, and these too may be seized.

In the realm of civil forfeiture of property, particularly dealing with items alleged to be connected to a crime, these criminal law concepts of fruits, instrumentalities, and contraband may be translated into three legal theories: proceeds forfeiture, instrumentalities forfeiture, and contraband forfeiture. If contraband forfeiture is the argument of the government, and instrumentalities forfeiture is the argument of the museum, will proceeds forfeiture be considered by the court? We shall see.

Meanwhile, SLAM’s assertion that the statute of limitations has expired in this case, preventing the government from pursuing its court action, is an argument worth watching closely. Statute of limitations is always an issue of importance when applied to cases of fine art and cultural heritage. In the Ka-Nefer-Nefer mummy mask case, it should be noted that the statute of limitations would not likely apply if the mummy mask is categorized as contraband per se. That is because it would be unlawful to possess the mask under any circumstance at any time. And that is perhaps one reason why the government hopes to characterize the mask as contraband, because it could potentially steer the case away from litigation over the statute of limitations altogether.

We look forward to further developments.

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Herpes: Don't pass it on ...

Published in Halsbury's Law Exchange here.  I have not managed to find an appropriate picture.

Two things of perennial interest to the tabloids are crime and sex, jointly or separately. It is therefore no surprise to find a story involving both in the Daily Mail. One David Goulding pleaded guilty to grievous bodily harm after knowingly giving a former girlfriend, Cara Scott, genital herpes. He had known he was infected but did not tell Miss Scott until just before the relationship ended, by which time she had already contracted the disease. He was sentenced to 14 months’ imprisonment.

In legal terms the matter was straightforward and uncontroversial: by Mr Goulding’s conscious action Miss Scott was exposed to the disease without her knowledge, and the eminently foreseeable consequence came to pass; hence the guilty plea. It is however worth responding to reported comments by spokespeople for what is called the Herpes Viruses Association. According to the Mail article:

Nigel Scott, spokesman for the Herpes Viruses Association, said Golding’s sentence was ‘outrageous’ and compared the case to prosecuting children for ‘giving their friends chicken pox’.

He added: ‘It is such a trivial infection that most people don’t notice it. It has exactly the same medical implications and consequences as an ordinary facial cold sore.’

Marian Nicholson, director of the HVA, added: ‘Many of those who are diagnosed are reluctant to disclose their status but this is because of the unnecessary stigma, not because it is serious ... emphatically it is not.’

There are two points. First, the intentional – or reckless – transmission of an infectious disease by the very specific act of sexual intercourse is not of a piece with the accidental transmission of chicken pox by virtue only of being in proximity to someone else. The former is eminently avoidable and properly described as intentional or knowingly reckless; the latter rather less so, unless I suppose one’s imagination contrived a situation where a person deliberately initiated as much contact as possible so as to render the transmission of something like chicken pox almost inevitable.

Secondly, there would or should be no stigma attached to the victim in the circumstances of Miss Scott, any more than any other innocent victim of a crime, but that has nothing to do with prosecuting the offender. No-one should look down on someone with a broken leg but they should certainly prosecute the person who inflicted it. In Mr Goulding’s case, however, any concern he might have had about his stigma ought to have been less important than his obligation to inform Miss Scott of his condition. The aforementioned association might think the condition trivial but I rather suspect most people would prefer not to contract it, and to be warned of any risk accordingly.

SLAM Disputes Government's "Contraband" Claim in Ka-Nefer-Nefer Mummy Mask Case

In the latest round of legal papers filed in the case of United States v. Mask of Ka-Nefer-Nefer, the St. Louis Art Museum (SLAM) says that its possession of the ancient Egyptian mummy mask cannot be likened to possession of cocaine as the US government's lawyers claim. (See July 31, 2011 blog post for background.)

SLAM's attorneys describe two kinds of contraband. They explain that there is contraband per se, which include items illegal to possess under any circumstance (author's note: think of counterfeit money) and which can be automatically confiscated by the government without a hearing. They also say that there is derivative contraband, which include lawful items that are forfeitable because they are connected with a crime (author's note: think of a car used in drug trafficking). SLAM argues that if the mask is in fact contraband, then it must be characterized as derivative contraband that is not automatically forfeitable. Because the mask is not automatically forfeitable contraband per se, SLAM argues that the government must present evidence that the object is forfeitable as an item that derives from a criminal act.

SLAM writes in its August 3, 2011 pleading (some citations omitted):
"The Government’s evolving positions with respect to the ownership issue seem to be at war with themselves. First, it admitted in its own pleadings that there are several bases under [Egypt’s patrimony] Law No. 215 which would provide for private ownership of artifacts such as the Mask. Now it argues that Egyptian Law No. 215 forecloses property rights in artifacts such as the Mask and renders them contraband per se, akin to cocaine or an illegal whiskey still. In fact, Egyptian Law No. 117, which was enacted in 1983, after Law No. 215, specifically acknowledges that artifacts such as the Mask could be privately owned. United States v. Schultz, 333 F.3d 393, 401-02 (2d Cir. 2003). In that seminal case, the Second Circuit went on to recognize that Law No. 117 was the first Egyptian law declaring illegal any private ownership of all antiquities found in Egypt after 1983. The Mask, therefore, clearly cannot be considered contraband per se in the way that such items as narcotics are intrinsically unlawful to possess."

By making the claim that the mummy mask arguably can be characterized contraband derived from a crime, SLAM tries to reinforce its assertion that the burden of proving the forfeiture is on the government.

Meanwhile, it should be noted that the issue of whether the statute of limitations forecloses the government's seizure action is an argument that SLAM continues to raise. SLAM's lawyers write:
"The Museum has consistently taken the position that the Government’s claim is barred from the outset by the statute of limitations and that its forfeiture claim must fail because the Government is unable to prove the Mask was stolen. In raising the arguments it does, the Government is attempting to delay or avoid the consideration of those questions by confusing the standard for constitutional standing and making the bizarre suggestion that the Court pretend that the Museum claims an interest 'not of a centuries old Egyptian mask, but rather a kilogram of cocaine.'"

The United States Attorney's Office counters SLAM's latest assertions in a pleading filed August 4, saying that SLAM failed to make arguments about the contraband issue when it was supposed to. The government’s lawyers contend that SLAM never before raised the distinction of contraband per se and derivative contraband, writing that the museum only now “disputes whether private ownership of the Mask is authorized under Egyptian law.”

The Limits of Control (2009) Directed by Jim Jarmusch

Astrid:
Our household has a lot less time to watch movies these days and unfortunately, there will not be any change in the situation any time soon. Therefore it was especially annoying that when we finally had time and space to share a film together, we picked something like The Limits of Control. Our intention was to watch something entertaining and good. In the shop Jim Jarmusch seemed like a quite safe bet for the both of us – and the guitar case a suited man is holding on the cover of the DVD, seemed like a promise to me.

The Limits of Control is extremely slow. It is also abstract, only occasionally attached to plot development, certain time and space. After half an hour we are ready to fall asleep. Aesthetically things are pleasing, but I cannot be cheated into thinking that I could figure something out here. Everything just IS. But we persist because we cannot begin a new habit of starting films and then never finishing them (this has happened a little recently and it's not good for blogging).

Half way through the film we have started to argue about where in Spain the film is located after each train ride. It's become more interesting to look for location clues and talk over the film than to concentrate on the protagonist's repetition of routines. I have never been to Spain and Nick has only visited Valencia some 20 years ago, so this made for a passionately ignorant argument. In the end I felt I had witnessed something that passed me by because the timing of the film and my personal timing was totally off. I don't want to say the film was bad, although I cannot recommend it either. Hopefully next time, Jarmusch will revisit his sense of humor.

Nick:
We all want more from our culture. We want it to move us, make us think, transport us to new areas mentally and even physically. The need to experiment is essential in creating new experiences. But what happens when someone you admire, who's known for pushing the boundaries ends up losing the plot? Jim Jarmusch has taken risks before and come out on top or, at the very least, engaged us. The Limits Of Control however tests one's patience.

Where to start? Repetition when used to create a riff of images can be startling. In The Limits Of Control the repetitive use of image following the main protagonist, Lone Man ( Isaach De Bankolé) easily drifts into tedium. Sitting at a cafe drinking his espresso in two cups, the use of the matchbox with a secret message, his continual Tai Chi exercising in hotel rooms or the Lone Man's visit to the art gallery begin to grate when viewed with no context or meaning. Jarmusch would like to think he's deconstructing the gangster film, a post-modern hit movie with echoes of Jean-Pierre Melville. Unfortunately, the script brings a new level of pretension. When anyone does speak, it's Jarmusch's own thoughts rapping on movies or art or lame humor, usually delivered by the starry extras, who include Tilda Swinton, John Hurt, Gael Garcia Bernal and Bill Murray.

What almost saves the day is the look of the film (shot by the ever reliable Christopher Doyle), coupled with the musical atmospherics of Japanese band Boris. This, sadly is not enough to salvage The Limits of Control from being terrible. The Limits Of Control could easily have been the existential thriller Jarmusch obviously thought he was making. But you need to create on-screen tension, character, context and meaning for that to work. The Limits Of Control tested my limits to stay awake all the way through.