Paul Celan in Translation: Du sei wie du

Translating the lyric poetry of Paul Celan, especially his later poems, carries not only the endemic challenge and difficulty of any verse translation, but the added incentive of doing justice to a writer whose whole recourse after the Holocaust—whose sanctuary, if he was to have any at all—he sought in language itself, specifically in the Muttersprache, the mother tongue that was as well the tongue of those who murdered his mother and father. This essay exposes a process of translating Du sei wie du (1970), which perhaps more than any other poem by Celan, at once solicits and defies translation, moving as it does from modern to medieval German, and closing with Hebrew words from Isaiah— a messianic imperative that shows Celan verging as ever on his Jewish identity

Grappling with Online Work: Lessons from Cyberlaw

Employment law is currently unequipped to decide rights and obligations in many online work scenarios. We simply do not know how the courts will address the dramatic divergence between existing law and the realities of the modern online workforce. But, it is worth remembering that courts have already grappled extensively with the general question of how to apply existing rules to the Internet. Cases dealing with online property, contract, tort, and crime can help us project how courts might approach the novel and perplexing questions sure to arise in online work disputes. This Article identifies three basic approaches: (1) the “blind eye,” in which courts essentially ignore the fact that the activity is taking place online and apply existing law without adjustment; (2) analogy or functional equivalency, in which the courts look to directly or functionally analogous real-world legal scenarios to guide their decisions; and (3) “context-driven” analysis in which courts recognize at the outset the crucial differences presented by online environments, then, by disposing of certain doctrinal elements, adding others, or crafting entirely new standards, endeavor to reconcile existing law with situations its authors could never have envisioned. This Article focuses mostly on cases from the earlier years of cyberlaw, before doctrines developed and legislatures acted. It offers something of a roadmap to practitioners, online employers, and potential employee plaintiffs, explaining how courts and administrative bodies first struggled to cope with the migration of regulable activity into a virtual environment