Grand

Grand (pronounced grand)

(1) Impressive in size, appearance, or general effect.

(2) Stately, majestic, or dignified.

(3) Highly ambitious or idealistic.

(4) Magnificent or splendid.

(5) Noble or revered.

(6) Highest, or very high, in rank or official dignity.

(7) Main or principal; chief; the most superior.

(8) Of great importance, distinction, or pretension.

(9) Complete or comprehensive (usually as the “grand total”).

(10) Pretending to grandeur, as a result of minor success, good fortune, etc; conceited & haughty (often with a modifier such as “rather grand”, awfully grand” or “insufferably grand”).

(11) First-rate; very good; splendid.

(12) In musical composition, written on a large scale or for a large ensemble (grand fugue, grand opera etc) and technically meaning originally “containing all the parts proper to a given form of composition”.

(13) In music, the slang for the concert grand piano (sometimes as “concert grand”).

(14) In informal use, an amount equal to a thousand pounds or dollars.

(15) In genealogy, a combining (prefix) form used to denote “one generation more remote” (grandfather, grand uncle etc).

1350–1400: From the Middle English graund, grond, grand, graunt & grant, from the Anglo-Norman graunt, from the Old French grant & grand (large, tall; grown-up; great, powerful, important; strict, severe; extensive; numerous), from the Latin grandis (big, great; full, abundant; full-grown (and figuratively “strong, powerful, weighty, severe”, of unknown origin.  Words conveying a similar sense (depending on context includes ambitious, awe-inspiring, dignified, glorious, grandiose, imposing, large, lofty, luxurious, magnificent, marvelous, monumental, noble, princely, regal, royal, exalted, palatial; brilliant, superb opulent, palatial, splendid, stately, sumptuous, main, large, big & august.  Grand is a noun & adjective, grander & grandest are adjectives, grandness is a noun and grandly an adverb; the noun plural is grands.

In Vulgar Latin it supplanted magnus (although the phrase magnum opus (one’s great work) endured) and continued in the Romanic languages.  The connotations of "noble, sublime, lofty, dignified etc” existed in Latin and later were picked up in English where it gained also the special sense of “imposing”.  The meaning “principal, chief, most important” (especially in the hierarchy of titles) dates from the 1560s while the idea of “something of very high or noble quality” " is from the early eighteenth century.  As a general term of admiration (in the sense of “magnificent or splendid” it’s documented since 1816 but as a modifier to imply perhaps that but definitely size, it had been in use for centuries: The Grand Jury was an invention of the late fifteenth century, the grand tour was understood as “an expedition around the important places in continental Europe undertaken as part of the education of aristocratic young Englishmen) as early as the 1660s and the grand piano was name in 1797.  In technical use it was adapted for use in medicine as the grand mal (convulsive epilepsy with loss of consciousness), borrowed by English medicine from the French grand mal (literally “great sickness”) as a point of clinical distinction from the petit mal (literally “small sickness”) (an epileptic event where consciousness was not lost).

The use of the prefix grand- in genealogical compounds is a special case.  The original meaning was “a generation older than” and the earliest known reference is from the early thirteenth century in the Anglo-French graund dame (grandmother) & (later) grandsire (grandfather), etymologists considering the latter possibly modeled on the avunculus magnus (great uncle).  The English grandmother & grandfather formally entered the language in the fifteenth century and the extension of the concept from “a generation older than” to “a generation younger than” was adopted in the Elizabethan era (1558-1603) thus grandson, granddaughter et al.  Grand as a modifier clearly had appeal because in the US, the “Big Canyon” was in 1869 re-named the Grand Canyon and the meaning "a thousand dollars" dates from 1915 and was originally US underworld slang.  In the modern era grand has been appended whenever there’s a need economically to convey the idea of a “bigger or more significant” version of something thus such constructions as grand prix, grand slam, grand larceny, grand theft auto, grand unification theory, grand master (a favorite both of chess players and the Freemasons) etc.

The Grand Jury

Donald Trump in Manhattan Criminal Court, April 2022.

The Manhattan grand jury which recently indicted Donald Trump (b 1946; US president 2017-2021) on 34 felony counts of falsification of business records in the first degree is an example of an institution with origins in twelfth century England although it didn’t generally become known as the “grand jury” until the mid-1400s.  At least some of the charges against Mr Trump relate to the accounting associated with “hush-money” payment made in some way to Stormy Daniels (b 1979; the stage name of Stephanie Gregory although Mr Trump prefers “horseface” which seems both ungracious and unfair) but if reports are accurate, he’ll have to face more grand juries to answer more serious matters.

A grand jury is a group of citizens (usually between 16-23) who review evidence presented by a prosecutor to determine whether the case made seems sufficiently compelling to bring criminal charges.  A grand jury operates in secret and its proceedings are not open to the public, unlike a trial before a jury (a smaller assembly and classically a dozen although the numbers now vary and once it was sometimes called a petit jury).  It is this smaller jury which ultimately will pronounce whether a defendant is guilty or not; all a grand jury does is determine whether a matter proceeds to trial in which case it will issue an indictment, which at law is a formal accusation.  The origins of the grand jury in medieval England, where it was used as a means of investigating and accusing individuals of crimes was to prevent abuses of power by the king and his appointed officers of state although it was very much designed to protect the gentry and aristocracy from the king rather than any attempt to extend legal rights to most of the population.

The grand jury has been retained in the legal systems of only two countries: the US and Liberia.  Many jurisdictions now use a single judge or magistrate in a lower court to conduct a preliminary hearing but the principle is the same: what has to be decided is whether, on the basis of the evidence presented, there’s a reasonable prospect a properly instructed (petit) jury would convict.  In the US, the grand jury has survived because the institution was enshrined in the Fifth Amendment to the Constitution: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger.”  The grand jury was thought a vital protection against arbitrary prosecutions by the government, and it was included in the Bill of Rights (1689) to ensure individuals would not be subject to unjustified criminal charges.  There is an argument that, by virtue of England’s wondrously flexible unwritten constitution, the grand jury hasn't been abolished but they're merely no longer summoned.  It's an interesting theory but few support the notion, the Criminal Justice Act (2003) explicitly transferring the functions to the Crown Prosecution Service (CPS) and the model of the office of Director of Public Prosecutions (DPP) has been emulated elsewhere in the English-speaking world.  Presumably, a resuscitation would require the DPP to convene a grand jury and (if challenged on grounds of validity) the would courts have to concur but as late as 1955 an English court was prepared to hold a court which had not sat for centuries was still extant so the arguments would be interesting.

The “Grand Mercedes”: The Grosser tradition

Der Grossers: 1935 Mercedes-Benz 770 K (W07) of Emperor Shōwa (Hirohita, 1901–1989, emperor of Japan 1926-1989 (left)), Duce & Führer in 1939 Mercedes-Benz 770 K (W150) leading a phalanx of Grossers, Munich, 1940 (centre) and Comrade Marshal Josip Broz Tito (1892–1980) in 1966 Mercedes-Benz 600 Landaulet (W100), Belgrade, 1967 (right).

Produced in three series (770 K (W07 1930–1938 & W150 1939-1945) & 600 (W100 1963-1981)) the usual translation in English of “Grosser Mercedes” is “Grand Mercedes” and that is close to the German understanding which is something between “great”, “big” and “top-of-the-line”.  In German & Austrian navies (off & one) between 1901-1945, a Großadmiral was the equivalent to the (five star) Admiral of the Fleet (UK) or Fleet Admiral (US); it was disestablished in 1945.  When the 600 (driven to extinction by two oil crises and an array of regulations never envisaged when it was designed) reached the end of the line in 1981, it wasn’t replaced and the factory didn’t return to the idea until a prototype was displayed at the 1997 Tokyo Motor Show.  The specification and engineering was intoxicating but the appearance was underwhelming, a feeling reinforced when the production version (2002-2013) emerged not as an imposing Grosser Mercedes but a Maybach, a curious choice which proved the MBAs who came up with the idea should have stuck to washing powder campaigns.  The Maybach, which looked something like a big Hyundai, lingered for a decade before an unlamented death.

Grand, Grand Prix & Grand Luxe

1967 Jaguar 420 G (left), 1969 Pontiac Grand Prix J (centre) and 1982 Ford XE Falcon GL 5.8 (351) of the NSW (New South Wales) Highway Patrol (right).

Car manufacturers were attracted to the word because of the connotations (bigger, better, more expensive etc).  When in 1966 Jaguar updated their slow-selling Mark X, it was integrated into what proved a short-lived naming convention, based on the engine displacement.  Under the system, with a capacity of 4.2 litres (258 cubic inch) the thing had to be called 420 but there was a smaller saloon in the range so-named so the bigger Mark X was renamed 420 G.  Interestingly, when the 420 G was released, any journalist who asked was told “G” stood for “Grand” which is why that appeared in the early reports although the factory seems never officially to have used the word, the text in the brochures reading either 420 G or 420 “G”.  The renaming did little to encourage sales although the 420 G lingered on the catalogue until 1970 by which time production had dwindled to a trickle.  The tale of the Mark X & 420 G is emblematic of the missed opportunities and mismanagement which would afflict the British industry during the 1970s & 1980s.  In 1961, the advanced specification of the Mark X (independent rear suspension, four-wheel disk brakes) made it an outstanding platform and had Jaguar fitted an enlarged version of the Superb V8 they had gained with their purchase of Daimler, it would have been an ideal niche competitor in mid-upper reaches of the lucrative US market.  Except for the engine, it needed little change except the development of a good air-conditioning system, then already perfected by Detroit.  Although the Daimler V8 and Borg-Warner gearbox couldn't have matched the ultimate refinement of what were by then the finest engine-transmission combinations in the world, the English pair certainly had their charms and would have seduced many.    

Pontiac’s memorable 1969 Grand Prix also might have gained ("Grand Prix" most associated with top-level motorsport although it originally was borrowed from Grand Prix de Paris (Big Prize of Paris), a race for thoroughbred horses staged at the Longchamps track) the allure of high performance, something attached to the range upon its introduction as a 1962 model (although by 1967 it had morphed into something grand more in size than dynamic qualities).  The 1969-1970 cars remain the most highly regarded, the relative handful of SJ models built with the 428 cubic inch (7.0 litre) HO (High Output) V8 a collectable, those equipped with the four-speed manual gearbox the most sought-after.  It was downhill from the early 1970s and by the next decade, there was little about the by then dreary Grand Prix which seemed at all grand.

During the interwar years (1919-1939) “deluxe” was a popular borrowing borrowed from the fashion word, found to be a good label to apply to a car with bling added; a concept which proved so profitable it remains practiced to this day.  Deluxe (sometimes as De luxe) was a commercial adaptation of the French de luxe (of luxury), from the Latin luxus (excess), from the primitive Indo-European lewg- (bend, twist) and it begat “Grand Luxe” which was wholly an industry invention.  Deluxe and Grand Luxe eventually fell from favour as model names for blinged-up creations became more inventive but the initializations L, DL & GL were adopted by some, the latter surviving longest by which time it was understood to signify just something better equipped and thus more expensive; it’s doubtful many may a literal connection to “Grand Luxe”.

In the matter of Grand Theft Auto (GTA5): Lindsay Lohan v Take-Two Interactive Software Inc et al, New York Court of Appeals (No 24, pp1-11, 29 March 2018)

In a case which took an unremarkable four years from filing to reach New York’s highest appellate court, Lindsay Lohan’s suit against the makers (Take-Two, aka Rockstar) of video game Grand Theft Auto V was dismissed.  In a unanimous ruling in March 2018, six judges of the New York Court of Appeals rejected her invasion of privacy claim which alleged one of the game’s characters was based on her.  The judges found the "actress/singer" in the game merely resembled a “generic young woman” rather than anyone specific.  Unfortunately the judges seemed unacquainted with the concept of the “basic white girl” which might have made the judgment more of a fun read.

Beware of imitations: The real Lindsay Lohan and the GTA 5 ersatz, a mere "generic young woman".

Concurring with the 2016 ruling of the New York County Supreme Court which, on appeal, also found for the game’s makers, the judges, as a point of law, accepted the claim a computer game’s character "could be construed a portrait", which "could constitute an invasion of an individual’s privacy" but, on the facts of the case, the likeness was "not sufficiently strong".  The “… artistic renderings are an indistinct, satirical representation of the style, look and persona of a modern, beach-going young woman... that is not recognizable as the plaintiff" Judge Eugene Fahey (b 1951) wrote in his ruling.  Judge Fahey's words recalled those of Potter Stewart (1915–1985; associate justice of the US Supreme Court 1958-1981) when in Jacobellis v Ohio (378 U.S. 184 (1964) he wrote: “I shall not today attempt further to define… and perhaps I could never succeed in intelligibly doing so.  But I know it when I see it…”  Judge Fahey knew a basic white girl when he saw one; he just couldn't name her.  Lindsay Lohan's lawyers did not seek leave to appeal.

The game’s developers may have taken the risk of incurring Lindsay Lohan’s wrath and indignation because they’d been lured into a false sense of security by Crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) not filing a writ after a likeness of her appeared on GTA 4’s (2008) Statue Of Happiness which stands on Happiness Island, just off the coast of Liberty City.  The Statue of Happiness was a blatant knock-off of the New York’s Statue of Liberty and crooked Hillary became a determined and acerbic critic of Rockstar and the GTA franchise after the “Hot Coffee” scandal.  That controversy arose after modders promulgated a code which in GTA: San Andreas’ release (2004) unlocked a hidden “mini-game” which allowed players to control explicit on-screen sex acts.  Men having sex with women to whom they don’t enjoy benefit of marriage is a bit of a sore point with crooked Hillary, then a US senator (Democrat-NY), who embarked on a campaign for new regulations be imposed on the industry and the most immediate consequence was the SSRB (Entertainment Software Rating Board) launching an investigation, subsequently raising GTA: San Andreas’ rating from “M” (Mature) to “AO” (Adults Only 18) until the objectionable content was removed.  For those who wondered if the frightening visage on the GTA 4 statute really was what some suspected, the object’s file name was “stat_hilberty01.wdr”.

Roskstar's Statue Of Happiness in GTA 4 (2008, left) and an official photograph of crooked Hillary Clinton (right). 

Rockstar seeking vengeance was understandable because crooked Hillary’s moral crusade proved tiresome for the company.  Once the ESRB had been nudged into action, crooked Hillary petitioned the FTC (Federal Trade Commission) to (1) find the source of the game's “graphic pornographic and violent content”, (2) determine if it should be slapped with an AO rating and (3) “examine the adequacy of the retailers' rating enforcement policies.”  Not content, she then announced she’d be sponsoring in the senate a bill for an act which would make it a federal crime (with a mandatory US$5,000 fine) to sell to anyone under 18, violent or sexually explicit video games; the Family Entertainment Protection Act was filed on 17 December 2005 and referred to the Committee on Commerce, Science and Transportation, where quietly it was allowed to expire.

While the act slowly was being strangled in committee hearings, the FTC and Rockstar reached a settlement, the commission ruling the company had violated the Federal Trade Commission Act (1914) by failing to disclose the inclusion of “unused, but potentially viewable” explicit content” (that it was enabled by a third party was held to be “not relevant”).  The settlement required Rockstar “clearly and prominently disclose on product packaging and in any promotion or advertisement for electronic games, content relevant to the rating, unless that content had been disclosed sufficiently in prior submissions to the rating authority” with violations punishable by a fine of up to US$11,000.  In the spirit of the now again fashionable Calvin Coolidge (1872-1933; US president 1923-1929) era capitalism, no fine was imposed for the “Hot Coffee incident”, presumably because the company had already booked a US$24.5 million loss from the product recall earlier mandated.

Bogus

Bogus (pronounced boh-guhs)

(1) Not genuine; counterfeit item; something spurious; a sham; based on false or misleading information or unjustified assumptions.

(2) In printing. a matter set (by union requirement) by a compositor and later discarded, duplicating the text of an advertisement for which a plate has been supplied or type set by another publisher.

(3) In computer programming, anything wrong, broken, unlinked, useless etc).

(4) In philately, a fictitious issue printed for exclusively for collectors, often issued as if from a non-existent territory or country (as opposed to a forgery, which is an illegitimate copy of a genuine stamp).

(5) As calibogus, a US dialectical word describing a liquor made from rum and molasses (sometimes rum and spruce beer).

1827: An invention of US English, coined originally by the underworld to describe an apparatus for coining counterfeit currency.  The origin is unknown, etymologists noting the Hausa boko (to fake) and because bogus first appeared in the US, it’s possible the source arrived on a slave ship from West Africa.  An alternative speculation is it was a clipped form of the nineteenth century criminal slang tantrabogus (a menacing object), from a late eighteenth century colloquial Vermont word for any odd-looking object (which in the following century was used also in Protestant churches to mean "the devil").  The New England form may be connected to tantarabobs (a regionalism recorded in Devonshire name for the devil) although the most obvious link (for which there’s no evidence) is to bogy or bogey (in the sense of “the bogeyman”).  In this sense, bogus might thus be related to bogle (a traditional trickster from the Scottish Borders, noted for achieving acts of household trickery which sometimes operated at the level of petty crime.  The use of bogy & bogie by the military is thought unrelated because the evidence is it didn’t pre-date the use of radar (a bogie being an unidentified aircraft or missile, especially one detected as a blip on a radar display).

The noun came first, the Oxford English Dictionary (OED) tracing the first use to describe the counterfeiting apparatus to Ohio in 1927, the products of the nefarious minting having also picked up the name by at least 1838, adjectival use (counterfeit, spurious, sham) adopted the following year.  Later, bogus came to be applied to anything of poor quality, even if not something misrepresenting a brand-name (ie bogus in intended function).  The adoption by computer programmers (apparently in the 1980s) to refer to anything wrong, broken, unlinked, useless etc was an example of English in action; they could have chosen any of bogus’s many synonyms but it was the word of choice and hackers use it too.  Bogus is an adjective and (an occasional) noun, bogotic is an adjective, bogusly is an adverb and bogusness a noun.

From the nerdy humor of programmers came the related bogon, the construct being bog(us) (fake, phony) + -on (the suffix used to form names of elementary particles or fundamental units) (the noun plural being bogons).  To programmers, the bogon was the the imaginary elementary particle of bogosity; the anti-particle to the cluon (the construct being clue (idea, notion, inkling) + -on (the plural being cluons) which was the imaginary elementary particle of cluefulness and thus the anti-particle to the bogon.  The slightly less nerdy network engineers adopted bogan to refer to an invalid Internet Protocol (IP) packet, especially one sent from an address not in use.  Clutron proved useful, a clutron an especially clever or well-informed nerd although it was also picked-up in the misogynistic word of on-line gaming where a slutron was a highly skilled female player a combination where meant she attracted hatred rather than admiration a make would usually enjoy.

The surname Bogus was borrowed from the Polish (masculine & feminine) forms Bogus & Boguś, or the Romanian Boguș (the plural of the proper noun being Boguses).  In the British Isles it was initially most common in Scotland before spreading south and is thought ultimately related to other named beginning with Bog- (Bogumił, Bogusław, Bogdan et al).  In Polish, Boguś is also a given name and listed as a back-formation (as a diminutive) from either Bogusław, Bogdan, Bogumił or Bogusław (+ -uś).

A real Ferrari 1963 250 GTO (left) and Temporoa's superbly made replica of a 1962 model (right).  US$70 million vs US$1.2 million. 

The synonyms can include fraudulent, pseudo, fake, faux, phony, false, fictitious, forged, fraudulent, sham, spurious, artificial, dummy, ersatz, imitation, pretended, pseudo, simulated, counterfeit but bogus is what’s known as a “loaded word”.  Bogus implies fake (and less commonly “of poor quality”) but just because something isn’t real doesn’t mean it need be thought bogus.  Ferrari made only 39 (it can also be calculated at 36 or 41 depending on definitions) 250 GTOs and one has sold for US$70 million but it’s possible for experts to create an almost exact replica (indeed one of higher quality than an original although given the standard of some of the welding done in the factory in those years that's really not surprising) but it will only ever be worth a fraction of the real thing (a fine example offered for US$1.2 million).  Whether such a thing should be regarded as a replica, recreation, clone or whatever is something about which there's debate but few would dismiss such a work as bogus.  It really hangs on disclosure and representation.  With only so many 250 GTOs on the planet, all with well-documented provenance, it’s not possible to claim a replica is authentic but there are cars which have been produced in the hundreds or even thousands which some try to pass off as genuine; in these cases, they have created something as bogus as knock-off handbags.  One popular use of bogus is to describe various members of royal families who parade themselves in the dress military uniforms of generals or admirals, despite often having never served on been near a combat zone.

Ferrari 250 GTB production count, 1961-1964.  

With something digital, just about anyone can create an exact duplicate, indistinguishable from the source, hence the attraction of the non-fungible token (NFT) which, thus far, can’t be forged.  NFTs have been linked to real-world objects, as a sort of proof of ownership which seems strange given that actual possession or some physical certificate is usually sufficient, certainly for those with a 250 GTO in the garage but there are implications for the property conveyancing industry, NFTs possibly a way for real-estate transactions to be handled more efficiently.  For those producing items which attract bogus items (running shoes, handbags etc), there’s interest in attaching NFTs as a method of verification.

Humble beginnings: Publicity shot for the 1960 Ford Falcon.

When Ford released the Falcon in 1960, it was modest in just about every way except the expectations the company had that it successfully would counter the intrusion of the increasingly popular smaller cars which, worryingly, many buyers seemed to prefer to the increasingly large offerings from Detroit.  A success in its own right, the Falcon would provide the platform for the Mustang, the Fairlane, the Mercury Cougar and other variations which, collectively, sold in numbers which would dwarf those achieved by the original; it was one of the more profitable and enduring platforms of the twentieth century.  In the US, it was retired after a truncated appearance in 1970 but it lived on in South America and Australia, the nameplate in the latter market lasting until 2016, a run of over half a century during which the platform had been offered in seven generations in configurations as diverse as sedans, vans & pick-ups (utes), hardtop coupés, 4WDs, station wagons and long wheelbase executive cars.

Ford Falcon GTHO Phase I leading three Holden Monaro (HT) GTS 350s, Bathurst 1969.

Most memorably however, between 1969-1972, it was also the basis of a number of thinly disguised racing cars, production of which was limited to not much more than was required by the rules of the time to homologate the strengthened or high-performance parts needed for use in competition.  The Falcon GT had been introduced in 1967 and had proved effective but the next year faced competition from General Motors’ (GM) Holden Monaro GTS which, with a 327 cubic inch (5.3 litre) Chevrolet V8 out-performed the Ford which had by then had benefited from an increase in displacement from 289 cubic inches (4.7 litres) to 302 (4.9) which proved not enough.  The conclusion reached by both Ford & GM was of course to increase power so for 1969 the Falcon and Monaro appears with 351 cubic inch (5.8 litre) and 350 (5.7) V8s; the power race was on.  Ford however decided to make sure of things and developed homologation-special with more power, some modification to improve durability and, with endurance racing in mind, a 36 (imperial) gallon (164 litre) fuel tank, quickly (and inexpensively) fabricated by welding together two standard tanks.  The car was called the GTHO (written variously in documents as also as G*T*H*O, GT-HO & G.T.H.O. (and as GT·HO on the glovebox lid)), HO apparently understood by the Ford engineers to mean “high output” but presented to the public as “handling options”, the company not wishing to frighten the horses with fears of racing cars being sold for use on the streets (and such a furore did ensue in 1972 which proved the GTHO’s death knell.

1970 Falcon GTHO Phase II.

If the 1967 GT had been something beyond what Ford in 1960 thought the Falcon might become, the GTHO would have been beyond their wildest imaginings.  Still usable as a road car, it also worked on the circuits although, because of a bad choice of tyre which was unsuited to the techniques of the drivers, it failed to win the annual Bathurst 500, then (as now), the race which really mattered.  Determined to win the 500, a revised GTHO was prepared and, in a novel move, was known as the Phase II (the original retrospectively re-christened the Phase I), the most obvious highlight of the revised specification a switch to Ford’s new Cleveland 351 V8 which, heavier and more powerful, replaced the Windsor 351.  Underneath however, there were changes which were just as significant with the suspension re-calibrated to suit both racing tyres and the driving style used in competition.  Said to have been developed with “a bucket of Ford’s money in one hand and a relief map of the Bathurst circuit in the other”, the Phase II drove like a real racer and probably few cars sold to the public have deliberately been engineered to produce so much oversteer.  On the track it worked and victory at Bathurst followed, something which drew attention from the early unreliability of the Cleveland 351, the implications of it’s less elaborate lubrication system not for some months appreciated.

1971 Ford Falcon GTHO Phase III (Clone).

The Phase III followed in 1971 with increased power, the propensity to oversteer toned down and it proved even more successful, the legacy due to be continued by a Phase IV with four-wheel disk brakes (something probably more helpful than more power) but the project was abandoned after a moral panic induced by a Sydney newspaper which ran a front page which alleged “160mph (257 km/h) supercars” were about to fall into the hands of teenagers to use on city streets and highways.  That certainly frightened the horses and politicians, always susceptible to anything which appears in a tabloid, vowed to act and prevailed on the manufacturers to abandon the homologation specials.  Thus ended the era of the GTHO and also the similar machines being prepared by GM and Chrysler, the handful of Phase IV GTHOs built quietly sold off, never to see a race track although one did, most improbably, enjoy a brief, doomed career as a rally car.

1972 Ford Falcon GTHO Phase IV.

Over the decades, as used cars, the surviving GTHOs (many destroyed in accidents on and off the track) have become collectable and of the 1222 made (including circa 115 of the (unofficial) Phase 1.5 with a milder (hydraulic valve lifters) Cleveland engine), it’s the Phase III (300 built) which is the most coveted at auction (the handful of Phase IVs seem to change hands mostly in private sales and the record is said to be circa Aus$2 million) and while the prices achieved track the state of the economy, the current record is believed to be Aus$1.3 million.  Based on what was essentially a taxicab which was produced in the hundreds of thousands, there’s an after-market ecosystem which produces all the parts required for one exactly (except for tags and serial numbers) to create one’s own GTHO at considerably less than what a real one now costs so it’s no surprise there are many acknowledged replicas (also described as clones, tributes etc) but the odd bogus example has also been unearthed.

Ford Falcon GTHO Phase IVs being prepared for racing, Melbourne, 1972.

Quite how many of the 287 Phase IIs survive isn’t known and the prices are high so it’s little surprise some have been tempted to misrepresent a bogus example as something real and there are legal implications to this, both criminal and civil.  There are even examples of the less desirable Falcon GTs and in 2011, in a judgment handed down in the District Court of Queensland (Sammut v De Rome [2011] QDC 294), a couple was ordered to pay the plaintiff AU$108,394.04 (US$107,200 at the then favorable exchange rate).  The defendants had sold to the plaintiff what they advertised as a 1969 Ford Falcon GT, a vehicle they had in 2006 purchased for Aus$18,000.  The plaintiff undertook due diligence, inspecting the car in person and in the company of a expert in bodywork before verifying with Ford Australia that the VIN (vehicle identification number) was legitimate car.  Once the VIN had been confirmed as belonging to a 1969 Falcon GT, a sale price of Aus$90,000 was agreed and the sale executed, the buyer having the car transported by trailer to Sydney.

Bogus & blotchy: Lindsay Lohan with fake tan.

Two years later, when the plaintiff attempted to sell the car, a detailed inspection revealed it was a bogus GT, a real GT’s VIN having been used to replace the one mounted on an ordinary 1969 Falcon, an x-ray examination of the firewall confirming the cutting and welding associated with the swap.  It was never determined who was responsible for creating the bogus GT and expert testimony given to the court confirmed that then, a non-GT Falcon of this year and condition was worth between Aus$10-15,000 while the value of an authentic GT was between Aus$65-70,000.  Accordingly, the plaintiff sued for breach of contract, requesting to be compensated to the extent of the difference between what he paid for the car and its current value, plus associated matters such as transport, interest and court costs.  The court found for the plaintiff in the sum of Aus$108,394.04 although the trial judge did note that the defendants likely didn't know the car was bogus, thereby opening for them the possibility of commencing action against the party from whom they purchased the thing, his honor mentioned that because of the civil statute of limitations, they had less than a month in which to file suit.  It's to be hoped they kept the car because in 2022, well-executed replicas of XW Falcon GTs are being advertised at more than Aus$125,000.

Hollywood

Hollywood (pronounced hol-ee-wood)

(1) A locality name shared by some two-dozen locations in the US, most associated the neighborhood in north-west Los Angeles, the historic centre of the US motion-picture industry.

(2) A locality name used by several places in England and Ireland.

(3) As a metonym, the US motion-picture industry (not necessarily restricted to LA) or the various cultural constructs associated with the business.

(4) Of or characteristic of a motion picture which tends to the type most associated with the mainstream US industry.

(5) In the beauty industry, a technique of waxing which removes all of the pubic hair, contrasted usually with the “Brazilian” which leaves a narrow strip.

Pre-1200 (in Ireland): In England and Ireland, Hollywood was used as a place name, based on the existence of established holly plantations in the region and it was adopted for dozens of settlements in North America although it’s not clear if the presence of holly plants was a prerequisite.  The use of Hollywood as a metonym for the US film industry (and by film nerds specifically the “studio system”) dates from 1926, some three years after the big sign on the hills was erected.

Lindsay Lohan photoshoot in the Hollywood hills for Vogue Espana, August 2009.

Standing 45 feet (13.7 m) high and 350 feet (106.7 m) in length, the sign originally spelled-out HOLLYWOODLAND and was intended as a temporary advertisement to promote a real estate development but became so identified with the place it was decided to allow it to remain.  As a temporary structure exposed to the elements, damage or deterioration was inevitable and in 1949, after the “H” had collapsed, restorative work was undertaken, the “LAND” letters demolished.  This work actually endured well but by the 1970s it was again quite dilapidated, a rebuild completed in 1979 and periodic maintenance since has ensured it remains in good condition.  There have been instances of vandalism so perimeter fencing of the site has over the years been increased but, as far as is known, only one soul has ever committed suicide by throwing themselves from one of the letters.  The first known instance of the name being used is in local government planning documents filed in 1887.  Quite why the name was chosen is obscure but there are a number of suggestions:

(1) Of the heteromeles arbutifolia.  It’s said the early residents in the region so admired the prolific holly-like bush (heteromeles arbutifolia, then commonly called the toyon) which grew in the Santa Monica Mountains they fondly re-named it the “California holly” and it was as this the plant lent its name to the neighborhood.  Easy to cultivate, tolerant of the Californian sun and demanding only occasional water, the toyon can grow as high as 18 feet (5½ m) high, the white summer flowers in the fall & winter yielding red berries.  The branches were a favorite for floral centerpieces and during the 1920s their harvesting as Christmas decorations became so popular the State of California passed a law (CA Penal Code § 384a) forbidding collection on public land or any land not owned by the person picking the plant unless with the the landowner’s written permission.

Heteromeles arbutifolia (the toyon or California holly)

(2) More in the spirit of the American dream is that the name was a marketing exercise.  In 1886, Harvey Wilcox (1832–1891) and his wife Daeida (1861-1914) purchased farmland and fruit groves near the Cahuenga Pass, his intention being to sub-divide the land, selling the plots for profit.  A year later, Mrs Wilcox met a passenger on a train who mentioned owning an Illinois estate named Hollywood and she was so enchanted by the name she convinced her husband to use if for his development, sitting on the land now known as Hollywood.

(3) A variation of this story is that Mrs Wilcox met a woman who told her of her home in Ohio named after a Dutch settlement called Hollywood and, without telling her husband, she bestowed the name on the recently purchased land.  Mr Wilcox apparently didn’t demur and had a surveyor map out a grid for the sub-division which was lodged with the county recorder's office on 1 February 1887, this the first official appearance of the name "Hollywood".

Lindsay Lohan photoshoot in the Hollywood hills for Vogue Espana, August 2009

(4) Year another twist to the tale maintains a friend of Mrs Wilcox hailed from a place called Holly Canyon and it was this which induced her to pick the name.  This included the area we now know as Hollywood which was purchased as part of a larger package by land developer Hobart Whitley (1847–1931) although there are sources which give some credit to Los Angeles businessman Ivar Weid, this linked also to the toyon tree.

(5) Some of the stories seem imaginative.  One involves divine intervention with Mrs Wilcox naming the area after attending a Mass of the Holy Wood of the Cross on the site though if that’s the case, Hollywood may subsequently have disappointed God.  There’s also a version with a phonetic flavor and it’s said to come from Hobart Whitley's diary: In 1886, while in the area, Whitley came across a man with a wood-hauling wagon and they paused to chat.   The carrier turned out to be Scottish who spoke of "hauling wood" which sounded to Whitley like "Hollywood" and Whitley was attracted by the combination of holly representing England and wood, Scotland; the tale reached Harvey Wilcox, and the name stuck.  An Irish version of this says the name was based on an immigrant's nostalgic memories of his home town: Hollywood in Wicklow, Ireland.  The immigrant was Mathew Guirke (1826-1909) who arrived in the US in 1850 and became a successful Los Angeles businessman, owning even a racetrack.  It’s said he named his new homestead Hollywood in honor of his hometown.

Henry Kissinger (b 1923; US National Security Advisor 1969-1975 & Secretary of State 1973-1977) meets Dolly Parton, 1985.

The noun Bollywood dates from 1977 and was based on the construct of Hollywood.  It references the Indian film industry, the construct being B(ombay) +‎ (H)ollywood, because the city of Bombay was where the bulk of the industry was located’ it’s sometimes truncated as B'wood.  Although the Raj-era name Bombay has formerly been gazetted as Mumbai and the name-change seems to be adhered to in the West, among Indians Bombay continues often to be used and Bollywood is so well entrenched it has assumed an independent life and nobody has suggested Mollywood.  Historically, Bollywood was a reference to (1) the Hindi-language film industry in Bombay and (2) a particular style of motion picture with a high song & dance content but of later it (3) refered to the whole industry in India.  Thus, as use has extended, the specific meaning has been diluted.  By extension, slang terms to describe motion pictures produced in India in languages other than Hindi include Kollywood (Tamil film industry located in Kodambakkam in Chennai, southern India.), Tollywood (Film Nagar, the Telugu film industry located in Hyderabad, Telangana) and Urduwood (anything using the Urdu language), the last often used in a derogatory sense by Hindu Indians after the fashion of substituting “I am going to the loo” with “I am going to Pakistan”.  Predictably, Nollywood (the construct being N(igeria) +‎ (H)ollywood) was coined when a industry of scale became established there.  Located in the Knoxville metropolitan area in Pigeon Forge, Tennessee, Dollywood is a theme park co-owned by country & western singer Dolly Parton (b 1946) and Herschend Family Entertainment (HFE).

Lindsay Lohan, Vogue Espana cover, August 2009.

Other linguistic inventions include hollyweird (said often used by respectable folk in the flyover states to decry the decadent lifestyles and liberal opinions held by those who live close to America's corrupting coastlines (ie not restricted to a condemnation just of a part of LA) and hollywoke, a more recent coining which links the liberal views held by the hollyweird with political correctness and wokeness in general.  The "Hollywood bed" was a marketing invention of the 1950s which described a mattress on a box spring supported by low legs and fitted with an upholstered headboard, so-named because it resembled the beds which often appeared in Hollywood movies although, the term has also been used in the context of Harvey Weinstein's (b 1952) nefarious activities.  Hollywoodian and Hollywoodish are both adjectival forms, applied usually disapprovingly.  Beyond mainstream use, the ever-helpful Urban Dictionary lists a myriad of creations including hollywood hot-pocket, hollywood wife, hollywood hair, hollywood drone, hollywood douchebag, Hollywood zombie, hollywood vitamins, pull a hollywood, hollywood Nap, hollywood snow, hollywood republican & hollywood handler.  Some are self-explanatory (at least to those who enjoyed a misspent youth) while others Urban Dictionary can flesh-out.

Hollywoodland, 1923.

Hollywood is of course inherently associated with glitzy renditions of fiction though it seems a bit rough that on-line dictionaries include as synonyms: bogus, copied, false, fictitious, forged, fraudulent, phony, spurious, affected, assumed, bent, brummagem, crock (as in “…of shit”), ersatz, fake, feigned, framed, imitation, misleading, mock, pirate, plant, pretended, pseudo, put on, queer, sham, wrong, deceptive, delusive, delusory, fishy, not genuine, not kosher (that one a nice touch), pretentious, snide, soft-shell, suppositious and two-faced.  Presumably the Republican National Committee (RNC) didn’t write the list but it’s doubtful they'd much change it.  In the same spirit, the antonyms include actual, authentic, factual, genuine, honest, real, sincere, true, truthful & valid.

Appellate

Appellate (pronounced uh-pel-it)

(1) Of or pertaining to that which can be reviewed by a power or authority vested with the necessary jurisdiction.

(2) A court, tribunal or other body having the power or authority to review and decide appeals made against decisions issued by subordinate individuals or institutions; that which legally can be appealed to.

1726: From the Classical Latin appellātus (called upon, summoned), past participle of appellāre (to appeal) and perfect passive participle of appellō (address as, call by name), the construct being ad (to, towards) +‎ pellō (push; impress).  The noun appellant (one who appeals from a lower to a higher court) dates from the 1610s, from the Anglo-French & French appellant, noun use of present participle of the French appeller (make an appeal), from the Old French apeler, from the Latin appellare (appeal to).  Appellate is an adjective and appellant is a noun; the noun plural is appellants.

Unrelated to the hierarchy of courts, there are words used formal grammar and linguistics including the noun appellative (a common noun; an epithet), the adjective appellative (of or pertaining to an appellative noun or common noun; of or pertaining to ascribing names), the noun appellativeness (the state or quality of being appellative), the adverb appellatively (after the manner of appellative nouns; so as to express whole classes or species and the noun appellativization (the process of a proper name becoming a common noun (such as hoover; kleenex; google et al)).  The antonym is proprialization (White House, Grand Canyon et al).  The noun appellation (designation, name given to a person, thing, or class) entered English in the mid-fifteenth century, from the twelfth century Old French apelacion (name, denomination), from the Latin appellationem (nominative appellatio) (an addressing, accosting; an appeal; a name, title), the noun of action from the past-participle stem of appellare (address, appeal to, name).  An appellation is a descriptive and specific term (Joan of Arc’s appellation was Arc; John the Baptist's was Baptist while those who were most associated with the political discussions which culminated in the formation of the United States of America (USA) are given the appellation “Founding Fathers”.  An appellation differs thus from an official or honorary title such as earl, bishop, general, professor et al but technically, these too are appellations.  The adjective appellative dates from the early fifteenth century (of a noun, serving to name or mark out, common (as opposed to proper))," from the Latin appellativus, from appellat-, past-participle stem of appellare (address, name, appeal to).  As a noun, it was in use by at least the 1590s in the sense of “a common” and by the 1630s as a “title or descriptive name”.

Courts of appeal

Appellate courts, usually styled as courts of appeal, are those vested with the jurisdiction to an appeal from a subordinate court within the same hierarchy.  In Australia, as a general principle, the court system exists in three layers (1) a trial court, (2) an intermediate appellate court and (3) a final court of appeal although variations exist and appeals from lower courts are not always of right; in many cases an application for leave to appeal can be declined.  Details of appellate jurisdiction in English courts appear in Sir William Blackstone's (1723–1780) Commentaries on the Laws of England (1765–1769), a matrix which has since been a thing of repeated change.  The hierarchical nature of the appellate food-chain is of significance because ultimately it's the final stage which is decisive: A case might for example be heard by eleven eminent judges, one in the supreme court at first instance, three on a court of appeal and seven at a high court so if the first appeal is decided 3-0 and the final 4-3 then one party can have enjoyed the concurrence of 7 of the 11 yet still lose.  That's how the appellate system works.

The Australian court systems are now unitary which means that, depending on the law(s) involved, the avenue of appeal lies to a state, territory or Commonwealth court, appeals to the Privy Council (actually the Judicial Committee of the Privy Council (JCPC)) in London sundered for Commonwealth matters in 1968 and for those involving the states in 1986 by the Australia Acts although there is one historic relic.  Section 74 of the constitution provides for an appeal from the High Court of Australia (HCA) to the the Privy Council if the court issues a certificate that it is appropriate for the Privy Council to determine an inter se (a case concerning constitutional relations between the Commonwealth and one or more states or between states) matter.  The only such certificate was issued in 1912 and in 1985, the High Court judges (unanimously) observed that the power to grant such a certificate “…has long since been spent… and is obsolete".  However, it’s there with full legal force so, in the strict constitutional sense, an appeal from the HCA to the JCPC, however unlikely, remains possible.

In the matter of Grand Theft Auto (GTA5): Lindsay Lohan v Take-Two Interactive Software Inc et al, New York Court of Appeals (No 24, pp1-11, 29 March 2018)

Truly a martyr, Lindsay Lohan hasn't had much luck in appellate courts.  In a case which took an unremarkable four years from filing to reach New York’s highest appellate court, Lindsay Lohan’s suit against the makers of video game Grand Theft Auto V was dismissed.  In a unanimous ruling in March 2018, six judges of the New York Court of Appeals rejected her invasion of privacy claim which alleged one of the game’s characters was based on her.  The judges found the "actress/singer" in the game merely resembled a “generic young woman” rather than anyone specific.  Unfortunately the judges seemed unacquainted with the concept of the “basic white girl” which might have made the judgment more of a fun read.

Beware of imitations: The real Lindsay Lohan and the GTA 5 ersatz, a mere "generic young woman".

Concurring with the 2016 ruling of the New York County Supreme Court which, on appeal, also found for the game’s makers, the judges, as a point of law, accepted the claim a computer game’s character "could be construed a portrait", which "could constitute an invasion of an individual’s privacy" but, on the facts of the case, the likeness was "not sufficiently strong".  The “… artistic renderings are an indistinct, satirical representation of the style, look and persona of a modern, beach-going young woman... that is not recognizable as the plaintiff" Judge Eugene Fahey (b 1951; associate judge of New York Court of Appeals from 2015-2021) wrote in his ruling.  Judge Fahey's words recalled those of Potter Stewart (1915–1985; associate justice of the US Supreme Court 1958-1981) when in Jacobellis v Ohio (378 U.S. 184 (1964) he wrote: “I shall not today attempt further to define… and perhaps I could never succeed in intelligibly doing so.  But I know it when I see it…”  Judge Fahey knew a basic white girl when he saw one; he just couldn't name her.  Lindsay Lohan's lawyers did not seek leave to appeal.

In happier times: Gladys Berejiklian (b 1970; Premier (Liberal) of New South Wales 2017-2021) & Daryl Maguire (b 1959, MLA (Liberal) for Wagga Wagga 1999-2018).

Also not having much luck with a matter taken on appeal is former New South Wales (NSW, Australia) Premier Gladys Berejiklian, compelled in 2021 to resign after being found to have committed an act of Billigung, her crucial phrase in a secretly recorded conversation being "I don't need to know about that bit" when her then (secret) lover began to tell her some details of his dubious deals.  To that pertinent observation, Mr Maguire replied "No, you don't".  The suggestion is the premier failed to declare a conflict of interest when dealing with the allocation of taxpayer funds which would be to the benefit of Mr Maguire.

The German Billigung is not so much hard to translate as able to be translated in a number of senses; context is everything.  The way it is used to mean “looking away; avoiding specific knowledge of something which one knows or suspects is happening” was clarified in 1977.  Albert Speer (1905-1981, Nazi Minister for Armaments 1942-1945), the convicted war criminal, had always denied any knowledge of the holocaust and was displeased when sent the English translation of a profile to be published in Die Zeit magazine in which Billigung had been rendered as his “...tacit consent...” of the final solution.  This he corrected, explaining Billigung in this context meant “looking away”.  This meant he averted his gaze from the worst crime of the criminal régime he served in order to be able to deny he knew of it.  Speer, predictably, was able to summon a word to explain this too: Ahnumg (the sensing of something without quite knowing exactly what).  He did at least concede the implication of his translation “...is as grave…” as the original, one biographer noting that had Speer said as much at his trial “…he would have been hanged.”  Other historians and some lawyers disagreed with that but it was an assertion the author was unable to pursue.  When she tried to nudge Speer a little further, pointing out that for one to look away from something, one must first know it's there, he didn’t deny what he’d earlier said but added they “…must never speak of it again".  The moment passed and within weeks he would be dead, dying "on the job" in police slang.  Some have noted the feeling Speer conveyed of always somehow longing to confess his knowledge of the holocaust.  He so often came so close to admitting he knew what he'd always denied, as if the last great act of his life would have been to admit worst of the the guilt he convinced himself (and some others) he'd evaded when the International Military Tribunal (IMT) at the first Nuremberg  Trial (1945-1946) convicted him of war crimes & crimes against humanity (counts 3 & 4) and sentenced him to twenty years imprisonment.  Had he then told the truth, he'd have been hanged.

The words used by Ms Berejiklian: "I don't need to know about that bit" are best understood in modern use as an attempt to manufacture "plausible deniability" and may be compared with how Herr Speer described his response in mid-1944 to being warned by a friend "never, under any circumstances" "to accept an invitation to inspect a concentration camp in Upper Silesia".  Speer's friend explained that at that place he'd "...seen something there which he was not permitted to describe and moreover could not describe".  Having received what he claimed was his first knowledge of Auschwitz, Speer asked no questions of anyone, later admitting: "I did not want to know what was happening there".  That was what he later called Billigung.  There's obviously quite some difference between knowledge of the Holocaust and the dodgy dealings of a politician but the Billigung principle is the same. However, the former premier may have been comforted that unlike the IMT at Nuremberg, the ICAC wasn't vested with capital jurisdiction so there was that.

Enjoying their pipes: Albert Speer in conversation with his lawyer Dr Hans Flächsner (1896-dod unrecorded) and a legal associate, Nuremburg, 1945.     

On 1 October 2021, the NSW ICAC (Independent Commission against Corruption) announced an investigation into the former premier's conduct in office, later handing down a finding she had committed “serious corrupt conduct”.  Interestingly,  despite that, the ICAC made no recommendation criminal charges be pursued because the evidence Ms Berejiklian was required to provide to the ICAC wouldn’t be admissible in a court because there, the rules of evidence are different and a defendant can’t be compelled to provide an answer which might be self-incriminating.  In other words a politician can be forced to tell the truth when before the ICAC but not before a court when charged.  That’s an aspect of the common law’s adversarial system which has been much criticized but it’s one of the doctrines which underpins Western law where there is a presumption of innocence and the onus of proof of guilt beyond reasonable doubt lies with the prosecution.

Ms Berejiklian challenged the findings and validity of the ICAC’s findings, her appeal heard by the NSW Court of Appeal, the state’s highest appellate court.  Her grounds for the appeal were claims (1) the ICAC made errors of law and (2) their report may have been delivered outside its legal authority due the expiration of the term of one of the ICAC’s assistant commissioners prior to the report being delivered.  In a split (2-1) decision handed down in July 2024, the court dismissed the appeal (with costs), the dissenting judge finding that because one assistant commissioner was engaged as a consultant after her term had expired (a role which included assisting in drafting the final report and writing assessments of the credibility of witnesses including Ms Berejiklian) what they did was act outside the limits of the authority conferred on a consultant.  The majority disagreed, finding the appointment as a consultant was in all ways “valid and effective” and also rejected the other grounds cited in the appeal.

So the ICAC’s finding of “serious corrupt conduct” stands.  Responding to the court’s decision, Ms Berejiklian didn’t mention that “c-word”) but thanked the court for its consideration given “...the limited nature of a challenge that can be made to ICAC findings by any citizen.  As the court noted, the ICAC Act does not permit a ‘merits’ review of the findings of ICAC.”  She also noted the split decision and concluded “Serving the people of NSW was an honour and privilege which I never took for granted. I always worked my hardest to look after the welfare and interests of the people of NSW.” 

Appellate courts, the hair police and black letter law

Appellate courts are best known for their rulings in cases of great public interest or legal significance; in the former category these typically are those involving celebrities, sex or anything especially gruesome and in the latter, constitutional matters.  There are exceptions (and some appellate courts do also function in certain specialized matters as courts of first instance) and the US Supreme Court (USSC) has agreed to hear parking-ticket and other minor matters if the law under which a conviction was obtained happened in a jurisdiction where the offence was deemed one of absolute liability and an appeal not permitted.  In those matters, the court held that in the US, a legal principle existed that the state could not convict a citizen of something without granting a means of appealing the decision.  Courts of appeal also hear the quirky and bizarre and in 2022 an appeal was lodged in the Supreme Court of Japan, a young woman in Osaka Prefecture seeking to overturn a ruling from the Osaka High Court that her former high school’s rules and guidance forcing her to dye her brown hair black were lawful.

The young lady had in 2015 enrolled in a high school (operated by the prefectural government) and in the original case (decided by the Osaka District Court) she alleged teachers had at least weekly told her to dye her hair black, instructions which continued despite her explanation she was born with brown hair and it was her natural color.  In September 2016, she began refusing to go to school, her suit against the prefectural government alleging she had suffered mental stress.  In 2021, the district court ordered the prefectural government to pay ¥330,000 (US$3,100) to the former student for certain actions (such as such as removing her name from school rosters after she stopped attending) but ruled also the school’s enforcement of the hair-related regulation exceed the discretionary authority it had been granted.  The plaintiff took the case to Osaka High Court (the first appellate layer) which held that, on the basis: “a wide range of discretion must be permitted for school education in order to allow diversified educational guidance in line with individual and collective conditions”, the ruling of the district court was upheld.  The case was well publicized and attracted much public interest (and comment) and, presumably nudged, the Osaka’s Prefectural Board of Education undertook a survey of rules at high schools under their control but concluded the “compulsory black hair” rule was “necessary”, issuing a statement saying “We will meticulously explain the necessity in order to gain understanding from students’ parents”.  That didn’t please the by now bolshie (former) schoolgirl and in her appeal to the Supreme Court (the next appellate layer) claimed banning brown hair was “unconstitutional”, citing Article 13 of Japan’s Constitution, which stipulates people’s right to pursue happiness.

The case attracted the interest of Doshisha University’s Professor Kayoko Oshima (b 1959) who explained the substantive matter was more the repeated demands the girl “dye her hair black rather than the rule itself”, his point being that the purpose of the rule was to prevent the dying of hair to ensure lurid greens or blues (or, God forbid, blondes) weren’t seen and in the case of someone with natural brown hair, the ruling shouldn’t be enforced.  In other words, for these purposes there should be the legal fiction that “brown is black”, something like the “honorary white” status the Apartheid-era South African government would sometimes grant to visiting PoCs (persons of color; typically athletes or politicians).  The rule, according to the professor, was thus rational but, in certain circumstances, its enforcement was not; an example of the “unintended consequences” which sometimes occur in the application of “black letter law”.

While the matter proceed through Japan's not especially rapid civil system, news organizations began reporting other interesting rules school impose on their female students including mandating white underwear and banning pony-tails on the basis that were the nape of the neck so scandalously to be exposed, it would risk “sexually exciting” male students.  Hair color, length and pony-tails are subject obviously to visual inspection but it's not clear if the underwear dictates are enforced by the same method.  The wide publication of these rules drew much derision and in response, early in 2022, the Tokyo prefecture announced those with natural hair other than black would no longer be required to dye to conform and that underwear need no longer exclusively be white.  The Tokyo authorities took an omnibus approach to reform, announcing also that a wider range of hairstyles would be permitted including the “two-block” (short on the sides and back while long on top) which was interesting because like the also permitted bob, the risk of napes being flaunted was obviously there.  Legal observers commented it was an example of a typically Japanese attempt to be flexible yet not be seen over-turning long defended-rules.  Thus the pony-tail proscription stands even though its rationale was undermined by the new permissiveness extending to the bob; again, black letter law.  Collectively, the “draconian rules” are known in Japan asブラック校則 (buraku kosoku) (black rules) and they have existed since the 1970s when it was noted “foreign influences” were beginning to intrude, resulting in previously unknown "behavioral issues".  As well as hair color and seductive pony tails, the most rigorously policed seems to have been skirt length, particular attention devoted to detecting the devious trick of “skirt-folding”, the standard workaround for those seeking the “above-knee look”.  Knees, it would seem, are thought as potentially provocative as the naked nape of the neck.

Ai Nishida San (b 1992) as she is (left) and as her school decided history would remember her (left).

Interestingly, high-tech Japanese school administrators have proved that even if the day comes when they can no longer make black hair compulsorily, with a little judicious digital editing, retrospectively they can make it seem as if uniformity is maintained.  In 2021, one student circulated a “before & after” pair of images, one her school photograph in untouched form (left), the other as it appeared in her school’s yearbook (right), the latter with hair in an acceptably shiny black.  Commenting on the editing, the former student said the message conveyed by the practice was it “…enforces the idea that black straight hair, a stereotypically Japanese look, is right”, the obvious implication being anything else is wrong and thus un-Japanese.  Her school had actually been accommodating, telling her that because it was her natural color, she was exempt the attention of the hair police and she thought little more about it until she received her 2007 yearbook when she realized she had been rendered “more Japanese”.  Ai Nishida San called the school’s actions “racist” and while, in the narrow technical sense, it might be more correct to suggest the motives were “racialist”, it’s certainly either and hardly in the spirit of the submission Japan’s delegation made to the Paris Peace Conference (1919-1920), arguing for racial equality to be recognized as one of the core concepts underpinning international relations in the post-war (which turned out to be the inter-war) era.