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	<title>Comments on: I Wasn&#8217;t Paying Attention When the Wall Came Down</title>
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		<title>By: Tweets that mention The Volokh Conspiracy » Blog Archive » I Wasn’t Paying Attention When the Wall Came Down -- Topsy.com</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-686319</link>
		<dc:creator>Tweets that mention The Volokh Conspiracy » Blog Archive » I Wasn’t Paying Attention When the Wall Came Down -- Topsy.com</dc:creator>
		<pubDate>Wed, 11 Nov 2009 12:33:42 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-686319</guid>
		<description>[...] This post was mentioned on Twitter by PostRank – Economics, PostRank – Law. PostRank – Law said: I Wasn’t Paying Attention When the Wall Came Down http://bit.ly/4oxRuJ #postrank #law [...]</description>
		<content:encoded><![CDATA[<p>[...] This post was mentioned on Twitter by PostRank – Economics, PostRank – Law. PostRank – Law said: I Wasn’t Paying Attention When the Wall Came Down <a href="http://bit.ly/4oxRuJ" rel="nofollow">http://bit.ly/4oxRuJ</a> #postrank #law [...]</p>
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		<title>By: resh</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685883</link>
		<dc:creator>resh</dc:creator>
		<pubDate>Tue, 10 Nov 2009 18:28:03 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685883</guid>
		<description>I shalln&#039;t pretend that I know you or that I post here with regularity. But allow me to take a moment to reply to the genuine warmth within your post. It is never an easy thing to see a friend passing away, to watch one&#039;s death-it isn&#039;t even easy recapturing the moment in any poetic, sentimental way. 

You might take some refuge in knowing that in the great arc and mystery of who we are that you took the time to recall someone special, someone who touched a part of you, just as you now, with some invisible reach, touch him.

The Wall, we might remember, is first and foremost about the destiny of men, about their plight and pursuits and flirtations with the human condition. Your friend my not have known the politics of The Wall, but he wasn&#039;t so far removed as you might suspect. That Wall is within all of us to some degree, just as we are part of it in another.

I think your friend would feel better about himself knowing that you recounted his final days in the spirit of a transcendent occasion. Like the collapse of The Wall itself, your friend&#039;s final days invite a greater meaning to our end.</description>
		<content:encoded><![CDATA[<p>I shalln&#8217;t pretend that I know you or that I post here with regularity. But allow me to take a moment to reply to the genuine warmth within your post. It is never an easy thing to see a friend passing away, to watch one&#8217;s death-it isn&#8217;t even easy recapturing the moment in any poetic, sentimental way. </p>
<p>You might take some refuge in knowing that in the great arc and mystery of who we are that you took the time to recall someone special, someone who touched a part of you, just as you now, with some invisible reach, touch him.</p>
<p>The Wall, we might remember, is first and foremost about the destiny of men, about their plight and pursuits and flirtations with the human condition. Your friend my not have known the politics of The Wall, but he wasn&#8217;t so far removed as you might suspect. That Wall is within all of us to some degree, just as we are part of it in another.</p>
<p>I think your friend would feel better about himself knowing that you recounted his final days in the spirit of a transcendent occasion. Like the collapse of The Wall itself, your friend&#8217;s final days invite a greater meaning to our end.</p>
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		<title>By: James N. Gibson</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685705</link>
		<dc:creator>James N. Gibson</dc:creator>
		<pubDate>Tue, 10 Nov 2009 09:34:44 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685705</guid>
		<description>There is much that can be said for this event. There is a lot of history tied up in the Cold War that most people don&#039;t even know of. I&#039;m sure most readers in this blog can&#039;t name the first official revolt in the eastern block, or what percentage of East Germans migrated through Berlin to freedom before the wall was built. To us the wall was a backdrop for Hollywood movies not sometime tangible. 

In the same way, when it fell, to me, it was unbelievable. We had just gone through a political battle to place missiles in europe just to confront the USSR. We were supporting central american countries fighting Communist insurgencies and we had invaded Grenada to stop it going into the Soviet Block. Then suddenly, the great Soviet bear folded. Like a steroid bulked up Wrestler it suddenly collapsed under its own weight. And for the first time since I was born, the spectre of Mutually Insured Destruction was over. Oh, we still have the possibility of someone launching a nuke, but it won&#039;t set-off the end of the world (we&#039;re supposedly doing that with our cars).</description>
		<content:encoded><![CDATA[<p>There is much that can be said for this event. There is a lot of history tied up in the Cold War that most people don&#8217;t even know of. I&#8217;m sure most readers in this blog can&#8217;t name the first official revolt in the eastern block, or what percentage of East Germans migrated through Berlin to freedom before the wall was built. To us the wall was a backdrop for Hollywood movies not sometime tangible. </p>
<p>In the same way, when it fell, to me, it was unbelievable. We had just gone through a political battle to place missiles in europe just to confront the USSR. We were supporting central american countries fighting Communist insurgencies and we had invaded Grenada to stop it going into the Soviet Block. Then suddenly, the great Soviet bear folded. Like a steroid bulked up Wrestler it suddenly collapsed under its own weight. And for the first time since I was born, the spectre of Mutually Insured Destruction was over. Oh, we still have the possibility of someone launching a nuke, but it won&#8217;t set-off the end of the world (we&#8217;re supposedly doing that with our cars).</p>
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		<title>By: AlanDownunder</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685698</link>
		<dc:creator>AlanDownunder</dc:creator>
		<pubDate>Tue, 10 Nov 2009 08:39:57 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685698</guid>
		<description>A German friend of mine recently mentioned to me a (German) book he was reading. I attributes the loss of control in East Germany to an event in Leipzig. Church parishioners had been holding silent demonstrations for freedom as a weekly event. They had refused orders to stop. An order went out for police to disperse them, by firing on them if necessary. For the first time in the GDR, police refused orders. This is claimed to be the pebble that started the avalanche within the GDR.

Notable before that was Hungary opening its border to Austria - with a nod from Gorbachev.</description>
		<content:encoded><![CDATA[<p>A German friend of mine recently mentioned to me a (German) book he was reading. I attributes the loss of control in East Germany to an event in Leipzig. Church parishioners had been holding silent demonstrations for freedom as a weekly event. They had refused orders to stop. An order went out for police to disperse them, by firing on them if necessary. For the first time in the GDR, police refused orders. This is claimed to be the pebble that started the avalanche within the GDR.</p>
<p>Notable before that was Hungary opening its border to Austria &#8211; with a nod from Gorbachev.</p>
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		<title>By: Visitor Again</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685679</link>
		<dc:creator>Visitor Again</dc:creator>
		<pubDate>Tue, 10 Nov 2009 07:42:12 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685679</guid>
		<description>Kenneth, let me join ChrisTS in saying that was a lovely little tribute to your friend David.

The fall of the wall didn&#039;t hit me the way other monumental events have.  I don&#039;t remember where I was when I learned the wall had fallen or even how I learned it had fallen.  Perhaps it was because the wall&#039;s fall was part of a larger event that already was underway: the fall of the entire Iron Curtain.  

But I do remember as a nine-year-old in England sitting at my paternal grandmother&#039;s kitchen table and reading the headline in the Manchester Evening News one March day in 1953.  It said in huge type: &quot;STALIN DEAD.&quot;  That may have been the beginning of the end for the Soviet Bloc.</description>
		<content:encoded><![CDATA[<p>Kenneth, let me join ChrisTS in saying that was a lovely little tribute to your friend David.</p>
<p>The fall of the wall didn&#8217;t hit me the way other monumental events have.  I don&#8217;t remember where I was when I learned the wall had fallen or even how I learned it had fallen.  Perhaps it was because the wall&#8217;s fall was part of a larger event that already was underway: the fall of the entire Iron Curtain.  </p>
<p>But I do remember as a nine-year-old in England sitting at my paternal grandmother&#8217;s kitchen table and reading the headline in the Manchester Evening News one March day in 1953.  It said in huge type: &#8220;STALIN DEAD.&#8221;  That may have been the beginning of the end for the Soviet Bloc.</p>
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		<title>By: Splunge</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685629</link>
		<dc:creator>Splunge</dc:creator>
		<pubDate>Tue, 10 Nov 2009 05:49:43 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685629</guid>
		<description>Ken Anderson, I was living in San Francisco at the time you mention, in the early years of the AIDS plague, and I don&#039;t think a direct comparison to the Black Death is unreasonable, at all.  People forget, I think, that in those days there was &lt;i&gt;nothing whatsoever&lt;/i&gt; you could do about AIDS, besides pray for miracles, and that it had a soul-devastating 100% fatality rate.

I recall seeing and hearing men like your friend, and those who managed -- God knows how -- to undertake the bleak ministry of tending them.  That&#039;s courage.</description>
		<content:encoded><![CDATA[<p>Ken Anderson, I was living in San Francisco at the time you mention, in the early years of the AIDS plague, and I don&#8217;t think a direct comparison to the Black Death is unreasonable, at all.  People forget, I think, that in those days there was <i>nothing whatsoever</i> you could do about AIDS, besides pray for miracles, and that it had a soul-devastating 100% fatality rate.</p>
<p>I recall seeing and hearing men like your friend, and those who managed &#8212; God knows how &#8212; to undertake the bleak ministry of tending them.  That&#8217;s courage.</p>
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		<title>By: Reader</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685625</link>
		<dc:creator>Reader</dc:creator>
		<pubDate>Tue, 10 Nov 2009 05:38:40 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685625</guid>
		<description>Kenneth: I didn&#039;t see the update part, but the story about Washington University just shutting down a student memorial about the Berlin Wall is here:

http://gatewaypundit.firstthings.com/2009/11/wash-u-shuts-down-freedom-memorial-on-20-year-anniversary-of-end-of-communism-it-was-too-offensive-video/</description>
		<content:encoded><![CDATA[<p>Kenneth: I didn&#8217;t see the update part, but the story about Washington University just shutting down a student memorial about the Berlin Wall is here:</p>
<p><a href="http://gatewaypundit.firstthings.com/2009/11/wash-u-shuts-down-freedom-memorial-on-20-year-anniversary-of-end-of-communism-it-was-too-offensive-video/" rel="nofollow">http://gatewaypundit.firstthings.com/2009/11/wash-u-shuts-down-freedom-memorial-on-20-year-anniversary-of-end-of-communism-it-was-too-offensive-video/</a></p>
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		<title>By: Randy</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685623</link>
		<dc:creator>Randy</dc:creator>
		<pubDate>Tue, 10 Nov 2009 05:31:16 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685623</guid>
		<description>Thanks!  See, we aren&#039;t ALL pro-communists!

One vivid memory of mine:  I hosted a reception in my house for visiting jurists, lawyers, etc, from one of the Baltic states (can&#039;t remember which one).  I asked a law professor, what was the biggest problem in transitioning?  She thought for a long moment -- I thought she would say something like, we need good legal textbooks, or better judges, or something like that.  She said, &#039;getting the people to understand that there is such a thing as a rule of law.&#039;  

Her point was that under the communist legal system, judges ruled according to party bosses, not actual law.  People still didn&#039;t trust the legal system, and that was the biggest problem.</description>
		<content:encoded><![CDATA[<p>Thanks!  See, we aren&#8217;t ALL pro-communists!</p>
<p>One vivid memory of mine:  I hosted a reception in my house for visiting jurists, lawyers, etc, from one of the Baltic states (can&#8217;t remember which one).  I asked a law professor, what was the biggest problem in transitioning?  She thought for a long moment &#8212; I thought she would say something like, we need good legal textbooks, or better judges, or something like that.  She said, &#8216;getting the people to understand that there is such a thing as a rule of law.&#8217;  </p>
<p>Her point was that under the communist legal system, judges ruled according to party bosses, not actual law.  People still didn&#8217;t trust the legal system, and that was the biggest problem.</p>
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		<title>By: geokstr</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685602</link>
		<dc:creator>geokstr</dc:creator>
		<pubDate>Tue, 10 Nov 2009 04:54:21 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685602</guid>
		<description>&lt;blockquote cite=&quot;comment-685567&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-685567&quot; rel=&quot;nofollow&quot;&gt;Randy&lt;/a&gt;&lt;/strong&gt;: Thanks for sharing a very personal account.&#160;Mine wasn’t so interesting. I read about it here in Washington, and watched it on&#160;tv.&#160;Later, I was involved in the Central and East European Law Initiative (CEELI), which was a program with the ABA to bring the rule of law to former communist countries. It was a big success, and I’m glad I played a small role in helping to develop that.
&lt;/blockquote&gt;
Randy, not that it would be particularly important to you, but if you were involved in something like that, I&#039;ve just gained some new-found respect for you.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-685567">
<p><strong><a href="#comment-685567" rel="nofollow">Randy</a></strong>: Thanks for sharing a very personal account.&nbsp;Mine wasn’t so interesting. I read about it here in Washington, and watched it on&nbsp;tv.&nbsp;Later, I was involved in the Central and East European Law Initiative (CEELI), which was a program with the ABA to bring the rule of law to former communist countries. It was a big success, and I’m glad I played a small role in helping to develop that.
</p></blockquote>
<p>Randy, not that it would be particularly important to you, but if you were involved in something like that, I&#8217;ve just gained some new-found respect for you.</p>
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		<title>By: ChrisTS</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685570</link>
		<dc:creator>ChrisTS</dc:creator>
		<pubDate>Tue, 10 Nov 2009 04:00:30 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685570</guid>
		<description>KA:

Thank you for your story about your friend, David.  I suspect it will get lost in the shuffle of comments on the Wall and who was doing what at the time, but I&#039;m sure he would be touched to be part of your remembrance of an historic event.</description>
		<content:encoded><![CDATA[<p>KA:</p>
<p>Thank you for your story about your friend, David.  I suspect it will get lost in the shuffle of comments on the Wall and who was doing what at the time, but I&#8217;m sure he would be touched to be part of your remembrance of an historic event.</p>
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		<title>By: Randy</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685567</link>
		<dc:creator>Randy</dc:creator>
		<pubDate>Tue, 10 Nov 2009 03:58:53 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685567</guid>
		<description>Thanks for sharing a very personal account.  

Mine wasn&#039;t so interesting.  I read about it here in Washington, and watched it on tv.  

Later, I was involved in the Central and East European Law Initiative (CEELI), which was a program with the ABA to bring the rule of law to former communist countries.  It was a big success, and I&#039;m glad I played a small role in helping to develop that.</description>
		<content:encoded><![CDATA[<p>Thanks for sharing a very personal account.  </p>
<p>Mine wasn&#8217;t so interesting.  I read about it here in Washington, and watched it on tv.  </p>
<p>Later, I was involved in the Central and East European Law Initiative (CEELI), which was a program with the ABA to bring the rule of law to former communist countries.  It was a big success, and I&#8217;m glad I played a small role in helping to develop that.</p>
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		<title>By: David Chesler</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685556</link>
		<dc:creator>David Chesler</dc:creator>
		<pubDate>Tue, 10 Nov 2009 03:38:31 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685556</guid>
		<description>I was reading one or both local newspapers those years and from time to time the CSM but somehow I missed the fall of Communism. I was spending a lot of time courting the woman who became my wife, but things happened very fast, and I don&#039;t remember much. I remember the cracks, like the East Germans travelling through Hungary and Austria. The coup in Moscow two years later was better covered. At some point when pieces of the Berlin Wall were being discounted I bought a few chips of cement.
The Berlin Wall went up on the day my parents got married. Other events, like the raid on Entebbe the morning of the Bicentennial, or Tianamen, or the 20th anniversary of Sgt. Pepper (it was 20 years ago today) or of course 9/11 seem much sharper in my mind.</description>
		<content:encoded><![CDATA[<p>I was reading one or both local newspapers those years and from time to time the CSM but somehow I missed the fall of Communism. I was spending a lot of time courting the woman who became my wife, but things happened very fast, and I don&#8217;t remember much. I remember the cracks, like the East Germans travelling through Hungary and Austria. The coup in Moscow two years later was better covered. At some point when pieces of the Berlin Wall were being discounted I bought a few chips of cement.<br />
The Berlin Wall went up on the day my parents got married. Other events, like the raid on Entebbe the morning of the Bicentennial, or Tianamen, or the 20th anniversary of Sgt. Pepper (it was 20 years ago today) or of course 9/11 seem much sharper in my mind.</p>
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		<title>By: Kenneth Anderson</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685549</link>
		<dc:creator>Kenneth Anderson</dc:creator>
		<pubDate>Tue, 10 Nov 2009 03:29:49 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685549</guid>
		<description>AlanDownUnder:  Somehow I deleted the update.  If anyone has the little deleted bit under &quot;Update&quot; that talks about Washington University and then the bit that is quoted in the first comment, please put it in a comment here and I&#039;ll put it back up as a separate post.  Apologies; cut and pasted wrong.</description>
		<content:encoded><![CDATA[<p>AlanDownUnder:  Somehow I deleted the update.  If anyone has the little deleted bit under &#8220;Update&#8221; that talks about Washington University and then the bit that is quoted in the first comment, please put it in a comment here and I&#8217;ll put it back up as a separate post.  Apologies; cut and pasted wrong.</p>
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		<title>By: Kenneth Anderson</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685546</link>
		<dc:creator>Kenneth Anderson</dc:creator>
		<pubDate>Tue, 10 Nov 2009 03:24:11 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685546</guid>
		<description>I think I&#039;ll shift the update from this into a separate post, so as not to run together the issues in the main discussion from the update; AlanDownUnder raises important questions, probably better considered separately.</description>
		<content:encoded><![CDATA[<p>I think I&#8217;ll shift the update from this into a separate post, so as not to run together the issues in the main discussion from the update; AlanDownUnder raises important questions, probably better considered separately.</p>
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		<title>By: AlanDownunder</title>
		<link>http://volokh.com/2009/11/09/i-wasnt-paying-attention-when-the-wall-came-down/comment-page-1/#comment-685541</link>
		<dc:creator>AlanDownunder</dc:creator>
		<pubDate>Tue, 10 Nov 2009 03:18:12 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21343#comment-685541</guid>
		<description>&lt;blockquote&gt;It’s such an embarrassment to be an academic sometimes; great job, but not always good for one’s sense of moral worth (“What did you do today, Daddy?” — “Censored books.  Made sure no one was offended by freedom or American victory over totalitarianism.”&lt;/blockquote&gt;

There a clue to be had here. This almost unique &quot;victory over totalitarianism&quot;, among all the failures, did not involve a US invasion.

Of course, whether the US can claim sole, or even significant, credit for the collapse of the iron curtain is another issue. You don&#039;t need to be American to be enamoured of freedom. Indeed, this century, the US has fallen out of love at an alarming rate.</description>
		<content:encoded><![CDATA[<blockquote><p>It’s such an embarrassment to be an academic sometimes; great job, but not always good for one’s sense of moral worth (“What did you do today, Daddy?” — “Censored books.  Made sure no one was offended by freedom or American victory over totalitarianism.”</p></blockquote>
<p>There a clue to be had here. This almost unique &#8220;victory over totalitarianism&#8221;, among all the failures, did not involve a US invasion.</p>
<p>Of course, whether the US can claim sole, or even significant, credit for the collapse of the iron curtain is another issue. You don&#8217;t need to be American to be enamoured of freedom. Indeed, this century, the US has fallen out of love at an alarming rate.</p>
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