Nurdle

Nurdle (pronounced nhur-dl)

(1) In cricket, to work the ball away gently, especially to the leg side, gently nudging the delivery into vacant spaces on the field; such a shot played.

(2) In conversation, gently to waffle or muse on a subject about which once obviously knows little.

(3) In manufacturing, a pre-production micro-plastic pellet about the size of a pea, the raw material used in the manufacture of plastic products.

(4) In marine ecology as plastic resin pellet pollution (PRPP); marine debris.

(5) The depiction of a wave-shaped blob of toothpaste sitting on a toothbrush.

(6) That which is squeezed from tube to toothbrush.

(7) In the game of tiddlywinks (as nurdling), sending an opponent's wink too close to the pot to score easily. 

Circa 1968: In the context of cricket, it’s of unknown origin but presumably some sort of blend, influenced possibly by “nerd” & “nudge”, the meaning conveyed being a style of play that is cautious, unambitious and unexciting; the slow accumulation of a score; there’s been the suggestion of a link with “noodle” but it’s hard to see the connection and there's no documentary evidence.  The earliest known citation is a 1985 match report in The Times (London).  The small, cylindrical pellets, the raw material of the manufacturing processes of many plastic products, have been called nurdles since at least the 1970s, a reference from that time noted in the manuals supplied with an injection-molding machine.  The word is likely to have been coined either because of the physical similarity of the pellets to some types of noodle or as a variation of nodule (a small node or knot) and plastic nurdles have for decades been recorded as a significant proportion of marine pollution.  As used to describe the toothbrush-length squirt of toothpaste as it sits atop the bristles, the origin is murky but may be linked to nodule.  There have been suggestions the use by the ADA (American Dental Association) in the 1990s in a public-service advertising campaign about the correct technique for brushing may have been the coining but the word was used in toothpaste advertising as early as 1968 although the original spelling seems for some time to have been “nerdle”.  Nurdle is a noun & verb and nurdled & nurdling are verbs; the noun plural is nurdles.  The adjective nurdlesque is non-standard but has been used by at least one cricket commentator not impressed by a batsman's slot selection.

The Triple Action: The Great Nurdle Affair

Previously little discussed before courts, the nurdle received some brief attention when a trademark-infringement lawsuit (Colgate-Palmolive Co v. GlaxoSmithKline LLC, US District Court, Southern District of New York, No. 10-05728) was filed in July 2010 by GlaxoSmithKline (GSK), makers of Aquafresh “Triple Protection” toothpaste, against Procter & Gamble (P&G), owners of the Colgate “Triple Action” brand.  Almost immediately, P&G counter-sued in the same court with the retaliatory GlaxoSmithKline LLC v. Colgate-Palmolive, No. 10-05739.  One was seeking, inter alia, the exclusive right to depict a nurdle, the other claiming the image was so generic the right could be exercised by anyone.

Battle of the nurdles: P&G's Colgate Triple Action (top) and GSK's Aquafresh Triple Protection (bottom).

The disputes hinged on “triple” as a descriptor and “nurdle”, not as a word but as the image of a wave-shaped blob of toothpaste sitting atop the bristles on the head of a toothbrush.  GSK's core argument was that it held trademark registrations on both “triple protection” and a red, white & blue-striped nurdle.  P&G argued “triple protection” was weak and that a nurdle is inherently merely descriptive because it is but a literal image of the product.  What the court had to decide was whether a reasonable consumer, on seeing the nurdle and “triple action” text description on packages of Colgate toothpaste, could be sufficiently misled to believe what they were looking at was sourced, sponsored or endorsed by GSK which used both on their Aguafresh brand.

GSK’s nurdle.

In a filing of some eighty pages, P&G noted its recent release in the US of a toothpaste with packaging which superimposes the words “Triple Action” (the implication being (1) cavity protection, (2) fresh breath & (3), whiter teeth) atop a blue, white and green nurdle.  In response, GSK, which used the “Triple Protection” phrase on its Aquafresh products, filed a trademark application for the "nurdle design" regardless of color; this induced P&G to sue to enforce its rights to use the nurdle.  P&G further noted GSK did not file their application until after they had already complained about P&G’s nurdle design and suggested GSK was using the process to stifle competition by asserting an excessively broad scope for trademark rights.

P&G’s nurdles, registered by Colgate as trademarks. 

GSK’s filing was only half the length and accused P&G of adopting various nurdle designs and the “Triple Action” mark in an effort to “trade off the commercial magnetism” of GSK own packaging which had since 1987 included a distinctive red, white and blue nurdle, an argument which implied elements of both usurpation and ambush marketing.  P&G asked the court to declare its “Triple Action” phrase and interpretation of the nurdle not confusingly similar to GSK’s own “Triple Protection” phrase and nurdle which used distinctively different colors.  It sought also have the court (1) cancel GSK’s “Triple Protection” and nurdle trademark registrations and (2), deny such injunctive relief that would have prevented P&G from using any nurdle design and a phrase containing “triple”.  Damages were sought on several grounds including punitive damages.  It was a case of some commercial significance given GSK had deployed the nurdle as a cartoon character in a marketing campaign aimed at children, the idea being that if children pestered their parents enough to buy Aquafresh for them, it was likely they’d gain the whole family as a conquest (a lesson well learned by countless manufacturers).  The nurdle campaign ran on Nurdle World in the US and The Nurdle Shmurdle in the UK.

Post settlement: Colgate Triple Action with a visually different nurdle.

Late in 2011, the parties announced a notice of settlement had been filed in the court; a confidential settlement had been negotiated.  The details have never been made public but a review of supermarket shelves suggests (1) the red, white & blue GSK nurdle is acknowledged to be propriety, (2) a nurdle nevertheless remains generic and can be depicted as long as it is sufficiently distinguished from GSK’s 1987 original and (3) things claiming to be of or pertaining to happening in threes may be described as “triple” whatever but, in the context of toothpaste, “triple protection” is a GSK trademark.  P&G could thus display a nurdle, just not GSK’s nurdle.  So, as a private settlement, there’s no change to established law but those inhabiting that gray area between ambush marketing and actual deceptive and misleading conduct no doubt took note.  A judge might anyway find the outcome in accordance with the operation of trademark law: a trademarked image as specific as the GSK nurdle is entitled to protection but, as a general principle, a word as notoriously common as “triple” is the property of the commons available to all.

Doramad Radioactive Toothpaste.

In Germany, between the 1920s and the end of World War II (1939-1945), nurdles could be radio-active, toothpaste there sold with trace amounts for thorium obtained from monazite sands, the promotional material of which read: “Increases the defenses of teeth and gums” & “Gently polishes the dental enamel, so it turns white and shiny”.  Although known since at least the mid-1920s, it was only in the aftermath of the A-bomb attacks on Hiroshima and Nagasaki (1945) that the adverse effects of ionizing radiation in high or sustained does became widely recognized, rendering radio-active toothpaste an undesirable product in the minds of mothers everywhere.  Although radio-active toothpaste sounds evil, the Nazis can't be blamed for it being on the shelves, its debut dating from the Weimar Republic (1918-1933).  

Save Paste structural concept for toothpaste packaging.

From the days when folk made their own toothpaste by mixing water, salt and the soot from chimneys, toothpaste has become one of the sometimes unacknowledged markers of civilized life.  The packaging though has been little changed since 1889 when J&J (Johnson & Johnson) introduced their range in collapsible metal tubes.  The switch from metal to plastic happened over decades, necessitated initially by wartime shortages but by the 1990s, tubes were almost universally plastic.  Despite that, the fundamental design remained unchanged and was often inherently inefficient, supplied in a cardboard box, much of the internal capacity of which was unused because of the shape of the tube.  The design added cost and induced adverse environmental outcomes because (1) the box was unnecessary and immediately discarded and (2), the surplus volume added to the costs of storage and transportation.  One interesting suggestion has been the trapezoidal package.

By using a single cardboard container as both collapsible container and display packaging, it eliminates the need for a separate box.  Also, if designed with the correct geometry, multiple trapezoidal containers can more efficiently be packed for transportation and storage, thereby reducing the energy expended.  This simple trick of packaging. if extended to all products sold in tubes should result in a significant reduction in energy consumption (road, rail and air transport) and therefore in greenhouse emissions.  Additionally, the carboard is more easily recycled than plastic. 

One thing toothpaste manufacturers seem never anxious to discuss is the opinion of many experts that GSK’s classic nurdle, extending the length of the brush-head, is way too much and adults should instead use a nurdle no bigger than a pea.  Restraint when squeezing out a nurdle for children should be even more severe because of the risk when young of swallowing too much toothpaste containing fluoride: it increases the risk dental fluorosis, a cosmetic condition that affects the appearance of the teeth, ranging from brown and light discoloration to darker strains and even pitting.  On a very young child’s brush, rather than a plump nurdle, the toothpaste should just be a smear although they can use an adult's pea-sized nurdle after the age of three.  The BDA (British Dental Association) summarize best practice by recommending: (1) the correct amount of toothpaste for most people to use is a pea size, (2) brush at least twice daily, with a fluoridated toothpaste, brush last thing at night and at least on one other occasion; if possible brush after every meal, (3) use a fluoridated toothpaste (1,350–1,500 ppm fluoride) and (4), spit out after brushing and do not rinse (this maintains the fluoride concentration level).

Have nurdle, will brush: Lindsay Lohan on the set of HBO's Eastbound & Down (2013), brushing teeth while smoking.

It's an unusual combination but might work OK if one smokes a menthol cigarette and uses a nurdle of mint toothpaste; other combinations might clash.  That said, those adventurous enough to experiment and with the patience to shop internationally for toothpaste can try alternative flavours of nurdle and work out which best combines with their tobacco of choice.  Telford Dentistry undertook a survey and discovered manufacturers have used various recipes to concoct an extraordinary range of choices beyond the familiar mint.  The offerings in the EU (European Union) appear to be regionally specific with sweetness increasing as one heads south but licorice, salt, eucalyptus and ratanhia root may all available on-line.  The UK seems to be less adventurous with plain or mint variants almost universal although there are brands offering eucalyptus and it’s tempting to believe dour highland Scots still prefer the traditional mix of soot & salt.  In the US, there’s definitely a national sweet tooth because cinnamon, vanilla, bubblegum and a range of “novelty flavours” (birthday cake, bacon cucumber-dil and Pickle!) are advertised, often targeted at children (or, more accurately, their parents), encouraging them to brush by making the nurdles taste like candy.  East of Suez there’s much variety.  In Japan, there’s matcha, yuzu, wasabi and charcoal while Indian retailers offer neem, clove, miswak, and tulsi and in South East Asia and beyond there’s probably the most delicious sounding variety including Mango, Coconut, Clove Oil, & Betel Leaf.

Viscacha or vizcacha

Viscacha or vizcacha (pronounced vi-skah-chuh)

A gregarious burrowing hystricomorph rodent (Lagostomus maximus), of the genera Lagidium and Lagostomus, within family Chinchillidae, about the size of a groundhog, inhabiting the pampas of Paraguay and Argentina and allied to the smaller chinchilla, also from the family Chinchillidae.  It’s known also at the mountain viscacha, a related rodent of the genus Lagidium (of the Andes), about the size of a squirrel, having rabbit-like ears and a squirrel-like tail.

1595–1605: From the Spanish viscacha from Quechua wisk’acha or Quechuan wiskácha.  The Spanish Quechua is from qhichwa (literally “temperate valley”).  With use depending on prevailing practice, both the spellings viscacha & vizcacha are used in various branches of biology and zoology, the older alternatives biscacha, biscacho & bizcacha now rare except in historic citation.  The noun plural is viscachas and the derived term is viscachera (plural viscacheras) which describes a warren inhabited by viscachas.

Vizcacha moments: Time for the world weary to take a nap; Lindsay Lohan (left) joining a viscacha (right) in a yawn.

The viscachas or vizcachas, of which there are five extant species, are rodents of the genera (Lagidium and Lagostomus) within the family Chinchillidae.  Native to South America, despite looking similar to rabbits or hares, they’re not related to either and are thus of interest to evolutionary biologists because they’re an example of convergent evolution.  When biologists first saw the viscacha they noted the question of heritage: mammals part of the Leporidae family (rabbit) or the Chinchillidae family (Chinchilla)?  Sharing the large ears, powerful hind legs, and small front paws, Vizcachas do bear a striking resemblance to the rabbit family but are distinguished by their long bushy tail, a trait unique to the Chinchillidae family.  Helpful for biologists as a species indicator, for the small rodent, it’s a marker of their state of mind, the tail is extended when distressed and curled when at ease.

Residing throughout southern and western South America, they tend to stay close to their underground burrows but possess surprising dexterity as climbers, able to jump from rock to rock so effortlessly and with such alacrity observers report their progress is hard to track with the naked eye.  They live in colonies that can be barely a dozen or number in the hundreds and have acquired an extensive repertoire of vocalizations used in social interactions.  Small they may be but Vizcachas are voluble and, belying their sleepy appearance, are noted for their gregarious behavior.

Up to two feet (.6 m) in length and weighing typically around 3.5 lbs (1.6 kg), Vizcachas are relatively large by rodent standards but are small compared to their carnivorous neighbors, the Puma and Culpeo Fox.  These two are fierce predators but the fast, agile Vizcacha has the advantage of inhabiting a mountainous environment littered with boulders and rocks which is difficult hunting ground so doesn’t suffer greatly from predation induced population decline.  The main threat is humans, less from the habitat loss which threatens some species but because of illegal hunting for their meat and fur, luxury items in some markets.

There are spiritual traditions in which exists the concept of the spirit animal, a creature the spirit of which is said to help guide or protect a person on a journey and the characteristics of which that person shares or embodies.  The apparently ancient concept is prominent in a number of indigenous (notably Native American) religions and cultures and was embraced by Pagan and Wiccan communities as recently as the 1990s and the term totem was sometimes used.  Totem was from the Native North American Ojibwe ᑑᑌᒼ or ᑑᑌᒻ (doodem) and referred to a sacred object, symbol or spirit and in a sense can be thought of as the equivalent of a flag (in the case of a tribe) or coat of arms (in the case of a clan).  The word totem became widely used by anthropologists when discussing cultural practices in many places (and not just in North America).  In academic use where it's a neutral descriptor this is usually not controversial but in general use it can be a form of cultural misappropriation.  In the West, the idea of spirit animals was picked up in the weird world of the new age, dolphins and other charismatic creatures predictably popular.  The concept turned out also to have appeal to some among the less spiritual who adopted the viscacha as their spirit animal because there is seemingly no living thing on earth with an appearance which so encapsulates the qualities of the melancholic, world-weariness and the need to take a nap.

Vizcacha moments: Jiang Zemin (1926–2022; General Secretary of the Chinese Communist Party (CCP) (and thus paramount leader) 1989-2002 & President of the People's Republic of China (PRC) 1993-2003), yawning (left) and resting his eyes (right) during one of the less interesting speeches delivered as part of the otherwise riveting proceedings of the nineteenth congress of the CCP, Beijing, October 2017.  Western diplomats noted that, unusually among those in the senior echelon of the CCP, Mr Jiang could at times seem almost "exuberant" (a contrast to his two more dour successors) but in retirement he may have adopted the viscacha as his spirit animal, the creature quite suited to his more somnolent lifestyle.

The Ciano Diaries, 1939-1943.  Although a literary genre not always renowned for accuracy, historians regard Ciano's among the more reliable.

One can understand Mr Jiang taking a moment to rest his eyes during the congress.  After half a lifetime in politics, some of it in the era when “a fatal error” was not a figurative phrase, he’d probably heard it all before and could sense when he could “tune out” for a while.  Cases have often been documented of those for whom continued attention becomes just too much and one who caused more vizcacha moments than most was Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) whose repetitive and seemingly endless monologues (touching discursively on subjects such as art, architecture, dog breeding, artificial honey, the church, philosophy and vegetarianism) came to be dreaded by almost all compelled to sit and endure a session.  Count Galeazzo Ciano (1903–1944; Italian foreign minister 1936-1943 (and the son-in-law of Benito Mussolini who ordered his execution)) was, like us all, a flawed character but he had a diarist’s eye and in his entries left some of the most vivid recollections of the World War II era.  In the Austrian city of Salzburg in May, 1942 he attended a series of meetings along with Benito Mussolini (1883-1945; Duce (leader) & Prime-Minister of Italy 1922-1943), General Ugo Cavallero (1880–1943; Chief of the Italian General Staff 1940-1943) and the two senior figures from the OKW (Oberkommando der Wehrmacht (the German military's high command)), Generalfeldmarschall (Field Marshal) Wilhelm Keitel (1882–1946; chief of OKW 1938-1945) and Generaloberst (Colonel General) Alfred Jodl (1890–1946, chief of the OKW operations staff 1939-1945), noting in his diary one “epic struggle”:

“Hitler talks, talks, talks, talks.  Mussolini suffers - he, who is in the habit of talking himself, and who, instead, practically has to keep quiet.  On the second day, after lunch, when everything had been said, Hitler talked uninterruptedly for an hour and forty minutes.  He omitted absolutely no argument: war and peace, religion and philosophy, art and history.  Mussolini automatically looked at his wrist watch, I had my mind on my own business, and only Cavallero, who is a phenomenon of servility, pretended he was listening in ecstasy, continually nodding his head in approval.  Those, however, who dreaded the ordeal less than we did were the Germans.  Poor people.  They have to take it every day, and I am certain there isn’t a gesture, a word, or a pause which they don’t know by heart.  General Jodl, after an epic struggle, finally went to sleep on the divan. Keitel was reeling, but he succeeded in keeping his head up.  He was too close to Hitler to let himself go as he would have liked to do.”

Things did not end well for those who attended the Salzburg meeting.  Some nine months after being dismissed from his military command, Cavallero (a confessed Freemason) was found dead in the garden of a hotel in Frascati, some 20 km (12 miles) south-east of Rome.  The case of death was a single gunshot and historians still can't be certain whether he committed suicide or was assassinated by the Italians or Germans, most favoring the latter.  After a prompting from Hitler, Ciano was executed on the orders of Mussolini (his father-in-law!) and the Duce himself was assassinated by Italian partisans.  Keitel and Jodl were tried before the IMT (International Mititary Tribunal in the first Nuremberg Trial (1945-1946) and, after being convicted on all four counts: (1) Conspiracy to wage aggressive war; (2) Waging aggressive war; (3) War crimes and (4) Crimes against humanity, both were sentenced to death and hanged.  Hitler, with his wife Eva (née Braun; 1912–1945) of a few hours, committed suicide with the tanks of the Red Army only a couple of blocks from the Berlin Führerbunker.

Gerrymander

Gerrymander (pronounced jer-ee-man-duhr or gary-ee-man-duhr)

(1) The dividing of a state, county etc into election districts so as to give one political party a majority in many districts while concentrating the voting strength of the other party into as few districts as possible.

(2) To subject (a state, county etc) to a gerrymander.

(3) A generalized descriptor (though sometimes technically not gerrymanders in the technical sense) of distorted electoral systems (often non-US use).

1812: A portmanteau word and an Americanism, named after politician and diplomat Elbridge Thomas Gerry (1744–1814) who (as a Democratic-Republican), served as fifth vice-president of the United States.  Gerry was governor of Massachusetts at the time the electoral re-districting resulted in the map of Essex County gaining a salamander-like outline.  Gerrymander was coined by the editors of the Boston Gazette and published in the edition of 26 March 1812, the text likely written by Nathan Hale and Benjamin & John Russell, the accompanying a cartoon by Elkanah Tisdale (1768-1835).  Elbridge Gerry's surname was pronounced with a hard “G” (Gary) but gerrymander is almost always (and universally outside the US) pronounced with a soft “g” (jerry).  If, upon analysis by psephologists, a gerrymander is thought so ineptly drawn that it's likely to backfire and electorally disadvantage the gerrymandering party, it is dubbed a dummymander.  Gerrymander & gerrymandering are nouns & verbs and gerrymandered is a verb; the noun plural is gerrymanders.

Salamander scene in The Parent Trap (1998).

The construct was gerry + (sala)mander.  The surname Gerry is a patronymic of Geary, of medieval English origin, from a Germanic personal name.  The personal name is derived from "geri, gari", meaning spear, and is a short form of the various compound names with this first element.  The first recorded spelling of the family name is that of Richard Geri, listed in 1195, during the reign of King Richard I (The Lionheart, 1189-1199) although the name was doubtless in use prior to this entry, surnames becoming necessary only after governments introduced personal taxation (known in England as the Poll Tax).  Over the centuries, surnames in many countries have seen many variations of the original spelling evolve.  Salamander is from the Middle English salamandre, from the Anglo-Norman salamandre, from the Classical Latin salamandra, from the Ancient Greek σαλαμάνδρα (salamándra), of uncertain origin but thought probably pre-Greek and from the Persian سمندر‎ (samandar).

Salamanderish: The explanatory diagrams published by the Boston Gazette on 26 March 1812.  To the left is what was described by journalists Nathan Hale and Benjamin & John Russell as "The Gerry-mander".  A new species of Monster which appeared in Essex South District in January", the cartoon by Elkanah Tisdale.  The centre map is the original gerrymander, a Massachusetts State Senate district submission drawn in 1812.  To the right is the second Massachusetts congressional district for the thirteenth congress.

The essence of the gerrymander is to draw the divisions on electoral maps such that votes surplus to requirements (often called "wasted votes") in "safe districts" are moved to marginal or opposition-held districts to maximize the possibility of winning.  In some cases, such malapportionments are constitutionally entrenched such as the arrangements often seen for the election of upper houses (including the US and Australian Senates (US political scientists insist the US Senate isn't an upper house but the basis of its electoral principle is a malapportionment).  Gerrymander is used almost always as a derogatory term, suggesting some form of political corruption, even if usually, technically, lawful.  Strictly speaking, it refers only to bizarrely shaped boundaries drawn on maps of electoral districts to favor one political candidate over another but has come to be used also as a general descriptor of malapportionment (the creation of electoral districts with divergent ratios of voters to representatives).  This was how most electoral trickery was done in Australia, the practice not eradicated federally until the 1970s although constitutionally entrenched malapportionments (especially of the Senate and the "historically special case" of Tasmania) remain afoot.  It was most famously (though not uniquely) practiced until the 1990s in Queensland where it was known as the Bjelkemander or Johmander (named after Sir Johannes Bjelke-Petersen (1911–2005; premier of Queensland 1968-1987) because of the way in which some rural electorates in the state parliament contained sometimes as few as half the number of voters as urban seats.  The malapportionment in Queensland, although usually associated with Bjelke-Petersen’s Country Party administration was actually a tweak of a zonal system introduced by the Labor party in 1949 and wasn’t even the worst in the country, the most extreme being in South Australia where, at one point, the largest city electorate contained as many voters as seven rural electorates.

Goofy Kicking Donald Duck: The Seventh Congressional District in Pennsylvania, 2013-2018.

It was the novelty of the amphibianesque shape in Massachusetts which gave the name to dodgy re-drawing of electoral boundaries but early in the twenty-first century, a new height (or depth) in the state of the art was reached in the Seventh Congressional District in Pennsylvania which spanned some 50 miles (80 km) from the outer suburbs of Philadelphia to the distant farmland of Lancaster County.  Existing between 2013-2018, the new shape, looking something like ink spilled on a map and drafted under the auspices of the state’s Republican party, was dubbed “Goofy Kicking Donald Duck” and one glance at the contorted shape meant no further explanation was required.  Carved from the predominantly black, low-income city of Chester, black, south of Philadelphia, the lines meant next-door neighbours found themselves suddenly with different representatives in the House, a violation of the long-established principle of “communities of interest” in which boundaries follow “natural borders”.  What “Goofy Kicking Donald Duck” did was “slice & dice” pieces of five counties and 26 municipalities, tosses them together in what political scientists called “a tossed electoral salad”.  The Republican Party’s objective was of course to link up identified pockets of conservative voters to ensure that the Republican would keep the seat, however obviously absurd or illogical might have been the tactic.  Neither of the parties has clean hands in this dirty business and the Democratic Party has also created its own gerrymanders although none has ever resulted in the artistic achievement of “Goofy Kicking Donald Duck”.

The SCOTUS (Supreme Court of the United States) long ago ruled that gerrymandering to divide voters by race was unconstitutional but it has remained silent on whether doing it on the basis of voting patterns by party was also a violation.  In Pennsylvania, it was not a federal court but the State Supreme Court which in February 2018 declared the map unlawful and ordered it redrawn, something welcomed not only by Democrats but by also what are now called the “threatened species” of “moderate Republicans” (the ones derided by the MAGA (Make America Great Again) base as RINOs (Republicans in Name Only).  The MAGA crowd knows this is a war in which the shooting has not yet started and whatever dirty tricks need to be done are justifiable.  Because the practice of gerrymandering has of late become more prevalent, the SCOTUS is expected soon to have to make some sort of ruling.  Ever since Warren Burger (1907–1995; Chief Justice of the US 1969-1986) in Reynolds v. Sims, 377 U.S. 533 (1964) made his classic statement: “Legislators represent voters, not trees and acres”, the principle has existed that single-seat electoral districts of state legislative chambers must be roughly equal in population but gerrymandering is a way to achieve a distorted electoral outcome while respecting exactly that.  What the court, inter alia, will be asked to consider is the matter of the degree of correlation between one’s ethnic identity and their tendency to vote for one party or the other and whether the recent spate of gerrymandering is “racialism in disguise”.  In the political climate of today, few are predicting how the court will deal with that.

Jail

Jail (pronounced jeyl)

(1) A prison (in some places used generally of institutions of incarceration, in others tending to be applied to structures used for the detention of those awaiting trial or convicted of minor offenses).

(2) To take into or hold in lawful custody; to imprison; to incarcerate.

(3) In horse racing, the condition created by the requirement that a horse claimed in a claiming race not be run at another track for some period of time (usually 30 days).

(4) In dodgeball (and related games), the area where players who have been struck by the ball are confined.

(5) In computing, as used by certain variants of Linux, an implementation of a sandbox in which can be run an instance of another OS (operating system).

1225–1275: From the Middle English gayole, gaylle, gaille, gayle, gaile, gaiole, jaiole & jaile, from the Old North French gaiole, gayolle & gaole and the Old French jaiole (cage), from the Medieval Latin gabiola, from the Vulgar Latin gaviola, a variant of the Late Latin caveola (small cage, cell), diminutive of the Classical Latin cavea (cavity, coop, cage).  Regionalism in language was one more common (especially in eras when population movement (particularly in rural areas)) was more limited and the two spellings in the Old French variants reflect the independent linguistic evolutions, the spelling “gaole” indicative of a pronunciation in use until the seventeenth century.  It fully displaced the native Middle English quartern (prison, jail, cell), from the Old English cweartern (jail, prison) and partially displaced the native Middle English lok, from the Old English loc (enclosure, pen; jail, prison) (from which English gained “lock”) and the Middle English carcern, from the Old English carcern, from the Latin carcer (prison, jail).  In the Old English, there were many words meaning jail (regionalism also a factor here) including heaþor & heolstorloca (the latter meaning also “jail cell”), clūstorloc, dung (the latter meaning also also “dungeon”), hlinræced, nirwþ, nīedcleofa, hearmloca and nearu.  Jail & jailing are nouns & verbs; enjail, rejail, jailor (or jailer) & jailoress (or jaileress) are nouns, jailed & enjailed are verbs, jailless, jailish, jailable, nonjailable & jaillike are adjectives; the noun plural is jails.

In English, there are seeming anomalies which must baffle those learning the tongue and make them wonder how such a messy and sometimes inconsistent language became something of the world’s lingua franca.  Were it possible to have a committee edit the lexicon and eliminate the pointlessly troublesome, not only might something be done about homophones like “razed” (demolished) and “raised” (built) but the “gaol” (still used in parts of the English-speaking world to mean “jail”) would be retired and “jail” would become universal.  Jail as a noun dates from the thirteenth century and the persistence of “gaol” as the preferred form in the UK is attributed to the continued use in statutes and other official documents although there may also have been some reluctance to adopt “jail” because this had come to be regarded as an Americanism.

Some idiomatic and slang uses

Things to find on the web.

A “jailbreak” literally is “an escape from jail” but it was adopted in the ecosystem created by the computer industry to refer to modification to the hardware or firmware of an electronic device (mobile phones, tablets, gaming consoles etc) to allow the installation and use of software not officially supported or explicitly excluded by the manufacturer.  With the coming of AI (artificial intelligence) LLMs (large language models), jailbreak also became the term for a prompt which in some way bypasses any ethical restrictions imposed by the vendor.  In ice hockey, the jailbreak is a rule applied in some leagues under which a penalty is ended if the short-handed team scores; the goal scored in such circumstances is a jailbreak.  Any prisoner who emerges from jail (whether by a jailbreak or by more regular means) is said to be a “jailbird” and there are more than a dozen formal & informal terms for “jail” including slammer, hoosegow, jailhouse, big house, Uncle Sam’s hotel etc.

2022 Dodge Challenger SRT Hellcat Redeye Widebody Jailbreak in Go Mango with satin black accents over black Laguna leather and Alcantara upholstery.  Because of the design of the front splitter, this model was supplied ex-factory with the one-piece yellow "underwire". 

Unexpectedly, during the 2010s, "underwire" entered the lexicon of automotive slang when it was used to describe a plastic part fitted temporarily as a protective piece.  The yellow plastic fitting (pictured above on the leading edge of the Challenger's splitter) was called a "splitter guard" which was unimaginative but the factory didn't envisage them as consumer items and the term was merely explanatory for the information of those preparing cars for sale.  Installed to prevent damage during shipping, it was part of dealer preparation instructions to remove the pieces but leaving them attached became a cult and some cars were even retro-fitted.  An element in that was the "end of an era" vibe and large number of the vehicles in Dodge's "Last Call" runs (of which there were many) were purchased as investments to be stored away for the day when V8s are no longer produced and collectors will be anxious to pay much for the way things used to be done.  How well that will work out remains to be seen but with the "Last Call" runs typically in batches of more than 3000, most of them weren't, in collectable terms, especially rare.  

2023 Dodge Challenger SRT Demon 170 Jailbreak in Panther Pink with satin black accents over black Alcantara and Laguna leather.

In the Demon 170 Jailbreak program, there were 40 exclusive paint colors and this is the sole example in Panther Pink.  The model was rated at 1025 HP and, with a different design of front splitter, was fitted with a two-piece underwire.  The first Supermarine Spitfires and Hawker Hurricanes which in 1940 fought the Messerschmitt Bf 109s & Bf 110s in English skies during the Battle of Britain were rated at 1030 HP and while the power characteristics of car and aeroplane were very different, the numbers are indicative of 80-odd years of progress.  

The text: "TO BE REMOVED BY DEALER" was molded into some of the splitter guards but after the things picked up their cult following, dealers began checking first with customers.

Dealers cautioned against the trend, noting the pieces weren't specifically molded to ensure a perfect fit so dirt and moisture were prone to being trapped in the gaps and this could scuff the paint.  They were known also as "damage guards" and "scuff guards" but more imaginative souls dubbed them the "underwire" while serious students of such things suggested a better simile might have been "pastie", while acknowledging Chrysler followed the lead of the underwear manufacturers in having available both single and two-piece "underwires" although this was coincidental and deterministic, dictated by the splitter design.  Women have been known to remove from bras especially intrusive underwires (a "comfort thing") but whether on splitters they were kept or discarded might have seemed an improbable subject for dispute but with cars, men always find a reason to argue about something.  Although probably it would have preferred to discuss horsepower, superchargers and such, Chrysler noted the cultural phenomenon and, while obviously reluctant to upset either faction, did issue a statement to a magazine which had requested comment:

"The splitter guards on Dodge Charger and Challenger have taken on a life of their own. They originally made their debut in the 2015 model year to protect the performance fascias on SRT models during shipment from the manufacturing facility to the dealer, and, yes, they are designed to be removed before delivery.  But today, they have their own Facebook page, and many of our performance enthusiasts have active debates on whether to keep or remove them. Some owners say they are even selling them in the aftermarket.  Obviously, they weren't part of the original design, so we started with yellow guards and shifted to pink, but they are still so popular that we may shift them yet again to black. Wherever we land, this is another example of how our customers are passionate about every part of their Dodge muscle cars."

1970 Dodge Challenger hardtop 440 Six Pack in Panther Pink High Impact (code FM3) over black vinyl (code X9) with houndstooth cloth inserts (code 5).  On the Challenger, Panther Pink (FM3) was offered only in the spring of 1970.

By the twenty-first century, long done were the days in the early 1950s when Chrysler Corporation was run by men with an ethos that cars should be designed so “a gentleman can drive one while wearing his hat” and if that dictated stodgy looking vehicles, so be it.  That changed with the release of the 1955 range and from then on, for better or worse it was all about style but by the early 2000s, the company reached the same conclusion as GM (General Motors) and Ford: automotive aesthetics attained their peak in the late 1960s and what’s been done since hasn’t been as good.  Accordingly, for the release of the third generation (although many don’t count the second because it was a badge-engineered Japanese import) Challenger (2008-2023), Dodge produced a most accomplished re-imagining of the first (1970-1974), a vehicle which was a costly commercial failure although that was due more to external conditions than the thing’s dynamic qualities.  Between 2008-2023 the Challenger was produced in a bewildering number of variants, many with some of the longer multi-part model names and it’s doubtful if any but the most devoted fan-boys could either recall or deconstruct the configuration of them all.

Designer colors and more: Publicity shot for the Porsche Sonderwunsch programme; note the rubber laid down on the concrete.

On intriguing piece of nomenclature was “Jailbreak” which Chrysler’s marketing types picked up from the use in various sub-cultures to circumvent manufacturers’ restrictions on devices like smartphones although this was a case of Dodge “hacking itself” (using “hack” loosely) because the Jailbreak “customization program” was explained as a way in which buyers could bypass the previous limitations on what could be ordered with which, enabling them to “mix ’n’ match”.  The concept is of course familiar in the fiscally rarefied air breathed in placed like the Porsche Sonderwunsch (special request) office but it wasn’t new to Detroit, Cadillac in the happy days of the 1960s, despite in a typical year offering literally over a hundred combinations of interior & exterior combinations also offered buyers the chance to make “special requests”.  There's no record of Cadillac attempting to act as the "good taste police" and presumably if some buyer did ask for an aesthetically dubious combination, duly it was built although the factory did refuse to use light colors on dashboard pads or package shelves because of the risk of reflections in the glass.  The deviations from the production line rationalization which was designed for optimal efficiency of course came at a cost and took additional time but everything was priced at a level to ensure the profitability to which Cadillac had become accustomed.

The jailbreak programme was also available on the Charger.

For Dodge the Jailbreak programme was run on similar lines and while not quite an “anything goes” approach, it was more permissive and for the Challenger’s final two seasons (2022-2023), buyers of SRT Hellcat or SRT Hellcat Redeye models could “fine-tune” things like paint, interior trim, wheels, stripes, badges and other items in a way the factory had not previously permitted.  As icing on the jailbreak cake, the SRT Hellcat Redeye Jailbreak cars received a more potent engine, rated at 807 horsepower, a number which would have seemed a fantasy in the era of the second generation Challenger when the most powerful engine offered probably generated (in comparable terms) around 435-445 HP.

The Royal Navy's Battle Cruisers opening fire in the opening stages of the Battle of Jutland, 31 May 1916, (1919), oil on canvas by Lionel Wyllie (1851–1931).

Fought in 1916 between the UK’s Royal Navy and the Navy of the German Empire (the so-called “Second Reich”), the battle of Jutland in 1916 was the closest the world got to the clash on the high seas of fleets of dreadnoughts, an event the navalists and theorists had for a generation be expecting or hankering.  For a variety of reasons it proved anti-climatic (though at a cost of over 8,000 lives) but while a tactical victory for the Germans (in terms of ships sunk or damaged and causalities), strategically the British succeeded in ensuring for the rest of of World War I (1914-1918) their opponents were confined to a pocket of the Baltic, denied access to the North Sea and thus the Atlantic; this enabled the Royal Navy’s blockade of Germany to be maintained.  Summing up, the New York Times concluded: “The prisoner gave his jailor a bloody nose but at the end of the day was back behind bars in his jail cell.”  Barely noticed except in the halls of the admiralties (where it made a great impression) was the vulnerability of the battlecruiser, a class of ship of which much had been expected although at Jutland they were used in a way the theorists who suggested the configuration had neither intended nor recommended.

The concept of a “black jail” is ancient; it’s a jail where people can, for whatever reason, be imprisoned by some agency of state, often in secret and with no recourse to legal remedies or other procedures.  It can be thought of as a particular example of “being disappeared” and the use of such institutions was the origin of the judicial writ of habeas corpus (from the Latin habeas corpus ad subjiciendum (“You (shall) have the body to be subjected to (examination)”) which in the common law tradition can be translated as “bring them before the court so the lawfulness of their detention may be assessed”.  First seen in England in the twelfth century, the writ to this day remains (in Western nations) one of the core protections afforded to citizens.  In 2002, shortly after it invaded the place as an administrative convenience, the US established such a jail in Afghanistan and apparently it was controlled by the Department of Defence’s (now again the Department of War) intelligence office and staff from Army Special Operations although other agencies were known to have provided “specialized services”.  Existing always on a “neither confirm nor deny” basis, the US Black Jail was an example of the way things get done when it’s required to process irregular combatants in extreme conditions.

It illustrated too the use of language: Among nations party to the relevant conventions, whereas prisoners of war (ie those combatants who meet the definition) are held in “PoW (prisoner of war) Camps” and never lose their military status; others can end up in “jails”.  Of course, it can’t be certain organs of the state in some Western countries aren’t still in secret maintaining “black jails”, possibly without the knowledge of elected governments.  The system of concentration camps created during the Third Reich (1933-1945) began as a way for the state to regularize what had unexpectedly “sprung-up” as a number of “black jails” created informally by party members to imprison their many opponents and enemies.  It was a classic example of the essentially criminal, gangster nature of the Nazi state and while the authorities didn’t object to most of those in the black jails being incarcerated, they wanted it done on an organized, professional basis.  Structurally, the operation of the concentration camps was also a microcosm of the whole Nazi project: Those who could send victims to the camps or have them released had no say of what happened within the camps while those running the places could order neither an individual’s jailing nor their release.

Jail juice comes pre-packaged.

In 2011, the Salt Lake Tribune reported a case of botulism in jail juice fermented in a cell in the Utah State Prison, the source traced to a “bad” potato.  The prisoner responsible for the brew (containing powdered juice mix and several types of fresh and canned fruit) told medical staff he added the “two-week old baked potato” because he thought it would “accelerate fermentation”.

Jail juice is prison slang (originally a US form but now widely used, even beyond the English-speaking world) for the various forms of improvised alcoholic beverages (typically fermented) brewed in correctional facilities.  There are other slang forms of the concoctions including “prison hooch”, “swish”, “prison wine”, “toilet wine” & “loaf brew” (some forms of white bread said to be a good additive in the process once crumbed) but most descriptive was “pruno”.  Dating from the late 1930s, the name was derived from the use of prunes, then in ample supply in many US prison kitchens.  The term pruno became generic, later applied regardless of the fruit used in the fermentation.  A “phone jail” is a place (usually in schools) in which the mobile phones of students are locked away for certain durations (which can be short or the whole school day).  “Jailbait” describes someone (almost always female) who is (1) obviously sexually mature yet (2) was (or appeared to be) under the legal age of consent and was (3) considered attractive or seductive.  The term references the legal concept of statutory rape under which an adult engaging in consensual sexual relations with someone under whatever is the relevant age in that jurisdiction can convicted and jailed.

Lindsay Lohan “Mug Shots” coffee mugs.

In November, 2011, in a hearing held at Los Angeles Superior Court Airport branch, Lindsay Lohan was sentenced to 30 days in jail at Lynwood's Century Regional Detention Facility.  The penalty was imposed after she admitted violating the terms of her probation from a 2007 DUI (driving under the influence) case; she had failed to attend community service appointments at a Los Angeles women's shelter.  However, just 4½ hours into the 30-day sentence, she was handed a “get out of jail free card”, released because of chronic over-crowding in California's jail system.  Sometimes, you get lucky.

At least one “Get out of jail free” card has been included in every version of the Monopoly board game since first it was released in 1935 although most editions have featured two, one from the “Chance” stack, the other from “Community Chest”.  What possession of the card confers is the ability (as the name implies) for a player to move on from the jail square without having to throw three doubles (of the dice) in a role or pay a fine although, in certain circumstances, it can be adventitious for a player not to use the card and “remain in jail”, something which sometimes happens IRL (in real life).  From the board game comes the idiomatic use of “a get-out-of-jail-free card” to refer to “a certain privilege or advantage providing relief from an undesirable situation or immunity from punishment or consequences”.  Historically, states have sometimes offered similar devices although they’ve never been available for those accused of serious offences.

Macy’s department store, Herald Square, Manhattan, New York City.

In George Orwell’s (1903-1950) novel Nineteen Eighty-Four (1949), the Ministry of Love was responsible for the dispensation of fear and suffering and its most dreaded institution was Room 101, located in the basement of their headquarters.  Room 101 was a torture chamber in which the ruling party subjected prisoners to their individual worst nightmares and greatest fears, the purpose being finally to destroy any residual resistance.  Less threatening though equally specific is Room 140 at Macy’s department store Herald Square flagship store in Manhattan, New York City.  One of a few private “jails” in New York, those accused of shoplifting are escorted by security guards to Room 140’s cells where they can be held for hours, the stories told suggesting the detained are asked to sign an admission of guilt and pay sometimes hundreds of dollars in “fines”, sometimes without any conclusive proof of an offence.  That may sound medieval but a majority of US states do have on the books legislation which offer retailers often a wide latitude forcefully to hold and subsequently fine suspects, even if, technically, nothing has been stolen or criminal charges have been dropped.  The US industry’s problem is real because as much as US$15 billion is each year lost to shoplifting and the purpose of the laws is both a tacit admission the state would prefer not to be involved in “low dollar value” matters and a way to enable stores to recoup some losses.  Under New York's long-standing law, retailers may collect a penalty of five times the cost of the stolen merchandise (up to US$500 per item), plus as much as US$1,500 if the “recovered” merchandise isn't in a condition to be sold.  A conviction is not a pre-condition to bring a civil claim.

If ever Macy's comes under new management, hopefully the new operators will have a better sense of the sardonic and rename "Room 140" to "Room 101".

In operation, application has been controversial with claims retailers abuse the law by engaging in “racial profiling”, targeting minorities and holding customers for hours as a form of duress; Macy’s has in the past paid a settlement to the state to settle a number of claims.  Macy’s maintain their corporate policies prohibit coercion when recovering fines, recently issuing a statement: “Our policy of exercising our right to pursue a civil recovery payment is consistent with common practice in the retail industry and within the parameters of the law.”  Many retailers detain suspected shoplifters although few have their own jail cells and Macy’s is unusual in requesting the on-the-spot payment of fines.