Editor's Note — March 14, 2016, 1:39 pm

Introducing the April Issue

Dan Baum, Ralph Nader, Thomas Frank, Don DeLillo, Robert P. Baird, Emily Witt, and more

HarpersWeb-Cover-201604-302x410_blackIt’s a truth almost universally acknowledged that America’s war on drugs failed spectacularly. Why then, Dan Baum asks in his cover story for the April issue, “did the United States entangle itself in a policy of drug prohibition that has yielded so much misery and so few good results?” It was not until speaking to Richard Nixon’s domestic policy adviser, John Ehrlichman, that Baum began to hazard the answer he long feared: the catastrophic collateral wrought by the drug war on the lives of millions of black families was intentional. “Did we know we were lying about the drugs?” Ehrlichman told Baum in 1994. “Of course we did.” The Nixon White House thought of the antiwar left and black people as enemies. “But by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities.” Fast forward two decades, however, and it’s clear that the country’s mood has changed. To date, twenty-three states have legalized medical marijuana. The question is no longer whether we should legalize drugs but how. “If we can summon the political will,” Baum writes, “the opportunity to establish state monopoly of drug distribution,” as we did with alcohol distribution in the 1930s, is now.

In his essay on U.S. tort law, Ralph Nader examines the ways in which lobbyists have chipped away at what he calls the country’s “revolutionary process of personal-conflict resolution.” Corporate law firms, Nader writes, “now busily sound false alarms about the ever-expanding number of tort cases being brought by ‘greedy attorneys.’” What these claims fail to acknowledge, however, is that tort-law depositions unearth incriminating evidence against those at the uppermost reaches of the corporate ladder, often leading to criminal prosecutions. When the protections of tort law are circumvented, weakened, or nullified altogether, Nader concludes, it undermines the right of all citizens to protect themselves from harm caused by greedy manufacturers and to have their day in court.

In this month’s Folio, Harper’s Magazine’s managing editor Robert P. Baird tells the story of Jay Miscovich, a fifty-year-old treasure hunter who found more than a hundred pounds of emeralds on the ocean floor. “There was so many of them it was like picking cherries on a cherry tree,” he testified at a court hearing. To Miscovich, who lost everything in the financial crisis of 2007–08, the find, which was potentially worth millions, seemed like a blessing. As the saying goes, however, treasure is hard to find but easy to lose. A few years after his discovery, police found Miscovich dead of a self-inflicted shotgun wound. “I loved many beautiful woman, built my business and found an awesome treasure,” he wrote in a note to friends and family. “So don’t mourn my death, celebrate my life!”

Also in this issue: An excerpt about Hillary Clinton and the Clinton Foundation from Thomas Frank’s new book, Listen Liberal; new fiction by Don DeLillo; Walter Kirn meditates on the uncanny valley of virtual reality; Christine Smallwood reviews David Means’s meta-fictional Hystopia, which tells an alternate history of America during the era of the Vietnam War; and Emily Witt examines how the first two seasons of Transparent enact the vital questions and messy answers of real-world identity politics.

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More from Ellen Rosenbush:

Editor's Note September 12, 2019, 12:33 pm

Inside the October Issue

A forum on the constitution; Andrew Cockburn on progressive prosecutors; Adam Wilson interrogates the Golden Age of TV; Linda Stasi on sexual abuse in the world of Orthodox Judaism

Editor's Note August 15, 2019, 1:32 pm

Inside the September Issue

Rich Cohen visits the N.F.L. combine; Rachel Poser investigates Zionist archeology; Sean Williams on the Black Axe; an acid-fueled memoir by Chris Rush

Editor's Note July 15, 2019, 9:47 am

Inside the August Issue

Ted Conover among the homesteaders of Colorado’s San Luis Valley; Christopher Ketcham on the Gilets Jaunes; Marc de Miramon on former Rwandan President Paul Kagame; Jacob Mikanowski on Hungary’s far right

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October 2019


Secrets and Lies·

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In 1973, when Barry Singer was a fifteen-year-old student at New York’s Yeshiva University High School for Boys, the vice principal, Rabbi George Finkelstein, stopped him in a stairwell. Claiming he wanted to check his tzitzit—the strings attached to Singer’s prayer shawl—Finkelstein, Singer says, pushed the boy over the third-floor banister, in full view of his classmates, and reached down his pants. “If he’s not wearing tzitzit,” Finkelstein told the surrounding children, “he’s going over the stairs!”

“He played it as a joke, but I was completely at his mercy,” Singer recalled. For the rest of his time at Yeshiva, Singer would often wear his tzitzit on the outside of his shirt—though this was regarded as rebellious—for fear that Finkelstein might find an excuse to assault him again.

Good Bad Bad Good·

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About fifteen years ago, my roommate and I developed a classification system for TV and movies. Each title was slotted into one of four categories: Good-Good; Bad-Good; Good-Bad; Bad-Bad. The first qualifier was qualitative, while the second represented a high-low binary, the title’s aspiration toward capital-A Art or lack thereof.

Some taxonomies were inarguable. The O.C., a Fox series about California rich kids and their beautiful swimming pools, was delightfully Good-Bad. Paul Haggis’s heavy-handed morality play, Crash, which won the Oscar for Best Picture, was gallingly Bad-Good. The films of Francois Truffaut, Good-Good; the CBS sitcom Two and a Half Men, Bad-Bad.

Poem for Harm·

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Reflections on harm in language and the trouble with Whitman

Constitution in Crisis·

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America’s Constitution was once celebrated as a radical and successful blueprint for democratic governance, a model for fledgling republics across the world. But decades of political gridlock, electoral corruption, and dysfunction in our system of government have forced scholars, activists, and citizens to question the document’s ability to address the thorniest issues of modern ­political life.

Does the path out of our current era of stalemate, minority rule, and executive abuse require amending the Constitution? Do we need a new constitutional convention to rewrite the document and update it for the twenty-­first century? Should we abolish it entirely?

This spring, Harper’s Magazine invited five lawmakers and scholars to New York University’s law school to consider the constitutional crisis of the twenty-­first century. The event was moderated by Rosa Brooks, a law professor at Georgetown and the author of How Everything Became War and the Military Became Everything: Tales from the Pentagon.

Life after Life·

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For time ylost, this know ye,
By no way may recovered be.

I spent thirty-eight years in prison and have been a free man for just under two. After killing a man named Thomas Allen Fellowes in a drunken, drugged-up fistfight in 1980, when I was nineteen years old, I was sentenced to life without the possibility of parole. Former California governor Jerry Brown commuted my sentence and I was released in 2017, five days before Christmas. The law in California, like in most states, grants the governor the right to alter sentences. After many years of advocating for the reformation of the prison system into one that encourages rehabilitation, I had my life restored to me.

Cost of renting a giant panda from the Chinese government, per day:


A recent earthquake in Chile was found to have shifted the city of Concepción ten feet to the west, shortened Earth’s days by 1.26 microseconds, and shifted the planet’s axis by nearly three inches.

A solid-gold toilet named “America” was stolen from Blenheim Palace, the birthplace of Winston Churchill, in Oxfordshire, England.

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Happiness Is a Worn Gun


“Nowadays, most states let just about anybody who wants a concealed-handgun permit have one; in seventeen states, you don’t even have to be a resident. Nobody knows exactly how many Americans carry guns, because not all states release their numbers, and even if they did, not all permit holders carry all the time. But it’s safe to assume that as many as 6 million Americans are walking around with firearms under their clothes.”

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