Food Forests and Other Bright Futures for the Planet

A couple of weeks ago I finished reading Starhawk’s new book, City of Refuge. I was very much looking forward to it, being a long-time fan of Walking to Mercury and The Fifth Sacred Thing.  And it was an overall enjoyable experience: familiar characters experiencing new adventures. The two later novels in the chronology are set in the 2040s, after an ecological disaster affects California, splitting it into a Northern utopia-in-recovery and a Southern patriarchal theocracy. The novels interrogate the possibilities that these futures offer by incorporating many elements of present-life Bay Area delights and keeping the environmental stuff as real as possible: San Francisco (“Califia”) is a city of water, in which people shuttle around in gondolas on the river, a-la The Blue Greenway. 

But there is one aspect of the new book that made me cringe with discomfort. One of my favorite ecofeminist heroes and authors got it wrong–very wrong–with regard to food.

The citizens of Califia eat very well, and their concoctions, as well as Bay Area booze, are extensively described in the book, especially contrasted to the faux-nutrition “chips” and “sweeties” consumed by the Southerners. Indeed, echoing and crystallizing much of the recent scholarship on our consumption of faux foods, the Southerners have a hard time adjusting to the real food in the north. The book made me feel like Starhawk conjured her favorite meals from the present and planted them in a future in which people’s agricultural ingenuity strives the overcome the effects of an ecological horror. Much time is spent in the book on the ways in which my beloved heroes, Madrone and Bird, start their “city of refuge” in the South by starting agricultural production, and the (real) magic of compost is explored in depth.

But what is on the menu in Califia? Much to my surprise, quite a lot of meat, cheese, and eggs, sometimes (but not often) hailed as “humanely raised.” Our heroes are served beef and chicken and lamb, eat honey by the bushels, and enjoy dairy with quite some frequency. Oh, there are vegans, of course, but that’s briefly described as a “personal choice”, with an “option” to order a chickpea-quinoa stew at a restaurant, side by side with the default meat choices.

Not only is this a deeply upsetting culinary repertoire for a presumed utopia, but it’s also massively unrealistic, because one has got to ask oneself–where the heck do they even raise all these animals?

Surely, Starhawk must be aware of the massive contribution of animal pasture areas and feedlots to the deforestation and corruption of the earth. Surely she knows that every burger we eat is the equivalent of months of showering. Surely she’s heard of waste and manure lagoons covering vast areas and endangering our health. As an avid permaculturist, surely she knows that vegan options are possible, realistic, and cost-effective. In a future affected by climate change, veganism will not be a “personal choice”–it will be a fact of life for everyone.

And, where are all these mysterious cows, lambs, and chickens raised? Where do the chickens lay their eggs? Where are the utopian slaughterhouses? Or do we just not like to talk about the fact that meat comes from animals?

And that’s before we even discuss the cruelty involved in the gratuitous raising and killing of animals for our own consumption, which doesn’t even begin to be portrayed as being at odds with the deeply Pagan, one-with-nature vibe of Califia. People pray over their food and give thanks to the animals–to the Goddess, to spirit, to whatever–which may make them feel great and a part of the cycle of life, but all these spiritual feel-good florid incantations don’t actually affect the animal’s fate one bit. For more on the “but I express gratitude for my wild salmon” sensibility and its hypocrisy, read Sherry Colb’s excellent Mind If I Order the Cheeseburger?, focusing on the chapter on Native Americans.

Actually, without much effort one could envision a Northern Californian utopia just by looking at one marvelous permacultural initiative: the food forest. Here are several examples of food forests around the world, and for the Hebrew readers among you here’s a great story about the new one in Israel. The animals in food forests aren’t “raised”: they LIVE there. Birds nest in the trees, rodents run around collecting nuts, etc. To the extent that we benefit from their presence there, it’s as we would from any naturally-occurring phenomenon.

A world in which all the territories formerly devoted to animal farming are repurposed as food forests and homes for wild animals? Now THAT’s what I would consider a really inspiring utopia.

Whole Roasted Cauliflower

I loved cauliflower before it was cool.

Seriously: it was one of my favorite vegetable as a child. My grandma would put it, finely minced, in soups; my mom would steam florets for me to snack on. I even liked it sliced raw in salads.

Turns out I was ahead of the curve. Cauliflower is the new craze, and since it’s so tasty and healthy, I encourage you to get on the bandwagon quickly. This salad is wonderful, and received rave reviews from our family visitors, but today I made a whole roasted cauliflower. Huge success!

1 cauliflower
water
salt, pepper
1 tsp olive oil

Heat the oven to about 450 Fahrenheit. Find a pot that can fit the entire cauliflower. Then, place it stem-side-up inside the pot and add water almost to cover. Bring to a boil, add about 1 tbsp salt, and then reduce the heat to simmer for about 10-15 mins, or until the cauliflower is soft, but not crumbling.

Remove cauliflower from pot and place on baking sheet. Sprinkle salt, pepper, and olive oil to taste. Roast until the outer florets are a dark golden brown and snack to your heart’s delight.

Please do not discard the flavorful, vitamin-rich cooking water–use it instead as a soup base!

Soup Tip: Mashed White Beans

Last night, by chance, I came across a really neat soup-thickening tip. I wanted to make a vegetable soup, and hoped to add some bean power to it, but didn’t have any cooked, thawed beans, and cooking some would take a long time. Happily, I had about a half-pint of the white bean spread my grandma used to make, and I just added it to the soup pot. The result: a rich, hearty soup, with just the hint of fragrant beans and lots of vegetables. It pays off to make a huge amount of the bean spread and then use part of it as soup base. Here are instructions for making the bean spread and for using it in soup:

2-3 cups white beans
1 onion
a bit of olive oil
salt and pepper to taste

Soak beans overnight, or in boiling water for an hour. Then cook until tender. While the beans are cooking, slice and caramelize the entire onion in a bit of olive oil. Transfer beans to blender with half of the caramelized onion and some of the cooking water (enough to reach the desired consistency, which is hummus-like.) Blend till smooth, then transfer to container, salt and pepper to taste, and mix in the remaining half onion. Good in sandwiches, tortillas, as a standalone dish for a multi-dish lunch, etc.

For the soup, I used:

1 package red chard, coarsely chopped
1 package kale, coarsely chopped
10 cherry tomatoes, halved
2 big carrots, cubed
1/2 onion
3 cloves garlic
pinch of chili
pinch of oregano
pinch of sage
1 cup white bean spread

Place all vegetables in soup pot and cover with water. Mix in 1 cup of white bean spread. Cook until vegetables are tender. yum!

More on Governor Brown’s Sentencing Initiative

This is a follow-up to my initial comments on the proposed initiative, titled The Public Safety and Rehabilitation Act of 2016,  I’ve had a chance to read the text, and also to peruse my rockstar colleague David Ball’s terrific comments.

There are basically two parts to the reform. One of them, which I covered in my previous commentary, is the move away from determinate sentencing and toward parole hearings–and as I said in my previous post, this is only a good thing insofar as we believe that parole commissioners will make better decisions than prosecutors. Granted, any decision that takes into account the particular individual’s situation is better than a rubber stamp based on severity of the offense, one’s rap sheet, and these two factors alone, but I have come to see the way parole boards exercise unfettered discretion regarding lifers as something to worry about, and would like to see some supervision and standards (not to mention more training) for commissioners.

The other part is the abolition of direct filing and placing the decision whether to try a juvenile as an adult in the hands of the court, not the prosecutor. As Ball points out, the numbers are pretty small, but for the individual, how discretion is applied could matter a great deal.

I remain overall optimistic, even enthusiastic, about this–but only to the extent that we’re not merely transferring the exercise of unfettered discretion from one actor to another without thinking about effective guidelines and supervision for its application.

BREAKING NEWS: Brown’s Proposed Sentencing Reform Pulls Us Back to the Future

Just two days after the Supreme Court’s encouraging decision in Montgomery v. Louisiana and President Obama’s announcement of a solitary confinement overhaul in the federal system, comes this astounding piece of news from Governor Brown:

Forty years after signing strict, fixed-term sentencing standards into law – and more than a decade after panning them as an “abysmal failure” – Gov. Jerry Brown on Wednesday proposed a ballot measure to make it easier for nonviolent offenders to gain parole.
In a rebuke of criminal enhancements that can dramatically extend prison terms, the measure would let felons convicted of nonviolent offenses seek parole after serving only their base sentences. It would also restructure what Brown called a “crazy quilt” of credits for good behavior, benefiting prisoners who demonstrate evidence of rehabilitation. 

The initiative language would also undo provisions of Proposition 21, the measure approved by voters in 2000 that allows prosecutors rather than judges to decide when teenagers are tried as adults. Brown will need valid signatures from 585,407 registered voters to qualify the measure for the November ballot. 

Brown, announcing the measure in a conference call with reporters, said the “determinate sentencing” law he signed when he was governor before “had unintended consequences.” 

“Unintended consequences” is right. The original pioneering California move in the late 1970s to determinate sentencing was a bipartisan collaboration between conservatives, who were concerned that light sentences amounted to coddling offenders, and progressives, who were concerned about the arbitrariness of parole powers and about its disparate impact on poor people and minorities. The last forty years in California, if seven years’ worth of posts on this blog haven’t made it clear, have been a very, very bad idea.

“And one of the key unintended consequences was the removal of incentives for inmates to improve themselves,” he said, “because they had a certain date and there was nothing in their control that would give them a reward for turning their lives around.”
Though his measure would not change sentencing standards, Brown said “it does recognize the virtue of having a certain measure of indeterminacy in the prison system.”
“The driver of individual incentive, recognizing that there are credits to be earned and there’s parole to be attained, is quite a driver,” he said. 

The announcement of the initiative was the first specific sign of how Brown plans to involve himself in the November ballot measure campaigns. The fourth-term governor holds a campaign war chest of about $24 million.

Asked if he would finance the initiative, Brown said he will do “whatever it takes to get this done.” 

Brown will enjoy a relatively favorable electorate, with high turnout for a presidential election typically benefiting Democratic politicians and their causes. 

California voters in recent years have demonstrated a willingness to move away from tough-on-crime policies. In 2014, voters approved Proposition 47, which reduced penalties for some drug and property crimes. Two years earlier, voters passed Proposition 36, revising “three strikes” to require that the third strike be a violent or serious felony. 

The initiative is likely to face opposition from some conservatives. State Sen. Jim Nielsen, R-Gerber, said in a prepared statement that “weakening the criminal justice system will only increase the victimization of California citizens.” 

Brown said the ballot measure’s proposal followed “intense conversation” with law enforcement groups, representatives of which joined him on his conference call.
Brown said he considered including violent offenders in the initiative but that it “met with, I would say, near-universal disinterest” from law enforcement. 

“It became a nonstarter,” he said. 

Brown, who helped create the state’s “determinate sentencing” system when he was governor before, has said for years that it should be revisited. In a speech to judges in Sacramento in November, Brown said he didn’t foresee the dramatic impact determinate sentencing would have on the growth of California’s prison population. The policy scaled back judicial discretion in prison sentences.

I haven’t seen the full text yet [UPDATE: I just read it–here it is–and am posting a follow-up], and will of course comment in depth when I do, but I think some preliminary remarks are in order:

  1. In many ways, the last forty years made us smarter than we were in 1977. We know that Martinson’s somber prediction that “nothing works” in rehabilitation was not true, and that doing rehabilitation properly can reduce recidivism. And we also know that determinate sentencing, and that treating kids as adults, achieves little in the way of equality and streamlining and plenty in the way of packing prisons.
  2. Another way in which we’re smarter now is that we understand that discretion doesn’t go away–it merely moves around. What we did in 1977 was shift it from the hands of judges and parole boars to the hands of prosecutors and legislatures–to the point that some commentators, like John Pfaff and the always fabulous Grits for Breakfast, attribute mass incarceration primarily to prosecutorial charging decisions gone amok.
  3. But let’s not throw the baby with the bathwater. One of the reasons California moved away from determinate sentencing in the first place was concern about unfettered discretion by judges and parole boards. Even now, when parole hearings are relegated to lifers, the board enjoys a lot of discretion and very little transparency. My research for my book in progress about the parole hearings of the Manson family members, Yesterday’s Monsters, shows the very limited responsiveness of the parole board to the California Supreme Court’s supervision, and if we want to get the good stuff (incentives to rehabilitate, shorter sentences) without the bad stuff (discrimination and arbitrariness) we need to design parole in a smarter way. With great power, Spiderman’s uncle reminds us, comes great responsibility, and there are no guarantees that parole boards are much better than prosecutors in the discretion department.
  4. Note the humonetarianism theme throughout the proposal. Just like in the initiative on juvenile justice, the language relies heavily on the issue of cost.
  5. So, what happens to the California Penal Code if this passes? Do we rewrite felony sentencing to eliminate the “triad” and affix broad ranges to allow judges discretion? This is going to be a massive redrafting job, but quite an interesting one, and how successful it is depends on how  controlled it might be by partisan politics.
  6. Finally, the article talks about the possible broad support by California voters–the same ones that voted, by large majority, to make lots of punitive changes that we regret to this day. And it may well be that, beyond cost, one of the major reasons that the Republican lawmaker’s it’s-a-scary-world retort falls flat is that crime rates are low. Very low compared to what our predecessors in 1977 were facing. It may be the case that it’s time to put aside the hubris and conclude that crime rates, like the weather, happen for a variety of causes, of which sentencing reform is only one, and that our decisionmaking process should not sway to and fro every time the pendulum swings.

SCOTUS Offers Hope for Lifers Without Parole Sentenced When They Were Juveniles

In 1963, Henry Montgomery killed a police officer. His murder conviction in Louisiana, for “guilty without capital punishment”, carried a mandatory life without parole sentence. That is, under Louisiana law, Montgomery could not present mitigating evidence–he was automatically sentenced to life without parole. At the time the crime was committed, Montgomery was 17 years old. Today he is 70 years old, and he’s been in prison ever since.

In 2009, decades after Montgomery’s sentence, the Supreme Court decided Miller v. Alabama, which rendered mandatory life without parole statutes unconstitutional insofar as they apply to juveniles. The decision was one of several decisions, starting with Roper v. Simmons, which incorporated insights from developmental psychology into criminal justice. We now know that the brain continues developing well into our mid-twenties, and that impulse control, resistance to peer pressure, and the ability to consider long-term goals  are not quite there yet for juveniles. So, sentencing them to a lengthy period of time, without option to reconsider, now seems unjust in light of what we know of their cognitive capabilities.

But what about people who were sentenced to automatic life without parole before Miller v. Alabama? Thousands of these folks, who were teenagers when they were sentenced, are now middle-aged or even elderly (certainly by prison standards.) Many of them have spent most of their life in jail. Should their sentences be reconsidered? In other words, does Miller apply retroactively? This morning, the Supreme Court ruled that it does–and that states who used to apply these schemes to juveniles should now award them remedial parole hearings to reconsider their possible release.

The technical question at the heart of Montgomery has to do with the retroactivity rules. Imagine a situation in which a criminal justice rule is changed in a way that could benefit defendants.

Under constitutional doctrine in a case called Teague v. Lane, defendant no. 1, whose case hasn’t even started yet, will of course benefit from the new rule, which applies prospectively. Defendant no. 2’s case is still alive–that is, it’s undergoing an appellate process or the time to appeal hasn’t run out yet–and because the case is not “final” yet, she will also benefit from the rule change. But Defendant no. 3, whose case has already become final–which is to say, she exhausted her direct appeals, or the time to appeal has run out–will not be able to benefit from the rule change. There are two exceptions to this doctrine: the new rule will apply retroactively if it is either a “substantive rule of Constitutional Law”, which includes  “rules forbidding criminal punishment of certain primary conduct,” as well as “rules prohibiting a certain category of punishment for a class of defendants because of their status or offense” or a “watershed rule of criminal procedure”, which is to say, a very momentous change (most rules are not that important; when SCOTUS thinks of such a rule, they think about things like the right to counsel and somesuch.)

According to the today’s ruling, Teague v. Lane applies not only to federal defendants on habeas, but also to defendants like Montgomery, who have been using their state’s collateral proceedings. Or, as Justice Kennedy stated for the majority,

The Court now holds that when a new substantive rule of constitutional law controls the outcome of a case, the Constitution requires state collateral review courts to give retroactive effect to that rule. Teague’s conclusion establishing the retroactivity of new substantive rules is best understood as resting upon constitutional premises. That constitutional command is, like all federal law, binding on state courts.

The rule in Miller is, according to the majority, a “substantive rule of Constitutional Law”, as it doesn’t merely address process–it addresses the question whether a certain category of punishment (in this case, mandatory life without parole) is applicable to a certain category of people (in this case, juveniles.) It stems from the string of cases that recognized that children are different from adults in their “diminished culpability and greater prospects for reform.” These differences mean that imposing automatic LWOP on children “poses too great a risk of disproportionate punishment.” While the decision has a procedural component–the need to hold a hearing before imposing LWOP on juveniles–it is, in essence, a substantive statements that juveniles should simply not be subject to that category of punishment. The Court is not concerned about the extent to which this hinders finality–in this case, the state really can no longer exercise its punitive power by sending juveniles to prison for the rest of their lives without discretion, and once there is a social agreement there, finality arguments really do not apply.

The Court also gives states that used to have mandatory LWOP schemes for juveniles a corrective path: they should award people who are currently serving time under these schemes for crimes committed when they were juveniles an appropriate opportunity to be heard and to provide evidence for their rehabilitation, in which their young age at the time they committed the crime (and all we know about the implications of age to development) shall be taken into account.

Justices Scalia, Alito, and Thomas dissented, on the grounds that the Court had no jurisdiction to decide the case and that its classification of the Miller rule as a substantive rule was overbroad beyond the original intent in Teague.

My Inaugural Paella

After being served this wonderful paella a couple of weeks ago, I could not wait to start experimenting with my own. Despite the wonderfulness of having an enormous pan for guests, I figured we’d get more mileage out of a smaller pan, and fortunately La Paella has pans of any size you can think of. And they deliver!

The paella I made is very similar to the one my friend served me, except for a few changes: I halved the recipe because of the differently-sized pan and added a half-cup of chickpeas. I used pre-soaked, short-grain brown rice to improve nutrition (the taste was not compromised in the least). Since I had no artichokes, I topped it with lightly steamed baby courgettes (aren’t they pretty?). And, I also sauteed king oyster mushrooms, which have the look and texture of calamari. It was stunningly delicious and I look forward to inventing more variations.

In other news, I happened upon an estate sale in my neighborhood. Beyond the joys of all the neighbors rummaging through furniture and appliances and chatting excitedly, I was chuffed to find ten beautiful porcelain teacups with botanicals with matching saucers–not a set, each different, but incredibly cute. The whole lot, gold leaf and roses and pansies and all, cost me $20. I look forward to hosting a mad hatter party with vegan pastries soon!

Kalenta

It’s polenta. With kale. And pesto. And a bit of vegan butter and salt. What’s not to like?

1 bundle dino kale
1/2 cup coarse cornmeal
2 cups water
2 tbsp pesto
1-2 tsp vegan butter
salt to taste

Start by placing all the kale in the food processor and process fairly thoroughly.

Then, read this. Apparently, a lot of the polenta punctiliousness out there is completely unnecessary. No need for boiling water, constant stirring, and the like.

Place two cups of water in a wok over medium heat. Gradually whisk in polenta and processed kale. Whisk until the polenta begins to thicken, then reduce the heat to very low. Add pesto and stir every few minutes, until polenta thickens more and separates from the sides of the wok. That means it’s nearly done, and it’s time to stir in some vegan butter (I’m using this wonderful new thing, but Earth Balance would work just fine) and sprinkle a bit of salt. When the polenta reaches the desired consistency, you’re done!

If you want the polenta to harden so it can be beautifully sliced, you can put it in a serving dish (like the one I have above) and set it aside for a bit, or put it in the oven with the light on. After about 10-15 minutes you can slice beautiful polenta triangles or rectangles. We ate this with a nice green salad and some simply cooked pinto beans.

Restaurant Recommendation: Herban Fix in Atlanta, GA

The meal I had today at Herban Fix, a vegan chef restaurant in Atlanta, has to rank as one of the most memorable meals I ate in my entire life. Everything was delicious, prepared with incredible care and creativity, and served with grace and kindness in a large but cozy room decorated in impeccable taste.

We started with two appetizers. The sweet pea ravioli is served in a wonderful, slightly spicy sauce, with some edamame, and stuffed with tender pea shoots and other wonderful flavors. And the mock duck, which appears to be made of yuba (but I’m not sure) is served in little steamed buns with fresh vegetables, alongside a lovely plum sauce. 
For our main courses, we had crispy mushrooms, in an airy-light tempura batter, atop some wilted spinach, and an incredible pom-pom mushroom steak served on baby bok choy in a gorgeous and not-too-heavy mushroom gravy.

And for dessert, we were served a strawberry-coffee cake. It was very tasty, not to mention beautiful, topped with nice cashew cream, and the only reason I wish I hadn’t ordered it is that the entrees were so good that I wish I’d stuffed my face with another one!

Vegetable Paella

After a long hosting stint, it was nice to be invited to have dinner with friends. It was a good, avid-meat-eating friend’s birthday, and the meal was to be cooked by his wife, whose cuisine leans a lot on her Argentinian heritage. I asked what to bring, and our host said she was planning on tapas and paella. I assumed the paella would be roaming with little creatures that are far more glorious dancing in the water than killed and cooked in rice, and so made stuffed mushrooms and hummus and brought those with me in addition to the wine.
I underestimated my friends’ kindness and consideration. Our host walked us through the tapas; there were charcuterie and cheese and shrimp, but also olives, mushrooms, marcona almonds and a nice bread. And then the piece-de-resistance was brought out: a vegan paella, chock full of colorful bell peppers and decorated with artichoke globes! What an enjoyable meal. For dessert, she made tiramisu, but quietly placed a little platter of fresh apple slices and nuts near us.
Fortunately, our friends were gracious enough to let me photograph the gorgeous piece-de-resistance and give me the recipe (from the book Paella Paella). You’ll need a large paella pan – characterized by its size and flat base
1/4 cup olive oil
1 large yellow onion, minced
5 cloves of garlic, minced
4 cups vegetable broth
2 cups arborio rice (if I were to make this at home, I’d probably switch to short-grain brown rice, like sukoyaka genmai, and increase the broth amount to 5-6 cups)
1 small red pepper, cut into strips
1 small yellow pepper, cut into strips
1 small green pepper, cut into strips
4 medium tomatoes, seeded and chopped
1 cup frozen peas, defrosted
2 cups artichoke hearts, tough leaves removed, and quartered
1 lemon
Heat oil in paella pan and saute onion and garlic. Meanwhile, bring broth to a simmer in a separate pot. Pour the rice into the paella pan and saute for 3 minutes. Add peppers and tomatoes and saute for an additional 3 minutes. Add the simmering broth to the pan and cook for 20 more minutes, or until almost tender and most liquid has been absorbed (note that you might have to rotate the pan if your burners don’t line up under the whole thing). Stir in the peas. Then, sprinkle artichoke hearts with lemon and arrange in an attractive pattern on top of the paella. Continue cooking until tender and all liquid is absorbed.