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Third Rail is a politically abrasive Nü media radio show, where we talk about all the important issues you care about, the stuff that the old media won't touch with a 10-foot pole. Brought to you by your hosts J. Scott and Chuck Browder. Careful, touch it and you might get shocked.  Airs live at 8pm est every Wednesday.

Mission Statement to Our Audience

Third Rail's goals are to debate real issues in an intellectually honest manner, no matter the cost.  We promise to confront and conquer contemporary ideological issues and still manage to keep a smile on our faces as well as yours.  From out in left field to just right of Attila 'the Hun', we will cover all of the bases.

Upcoming Guests This Week

Cliff Sloan author of The Great Decision and former publisher at Slate Magazine, and Dan Zaccagnino co-founder of Indaba Music    -    March 11, 2009 8PM EST

Mr. Sloan joined Skadden’s intellectual property group after serving as general counsel at Washingtonpost. Newsweek Interactive, The Washington Post Company’s online subsidiary, from 2000-2008. Mr. Sloan also served as publisher of Slate Magazine from 2005-2008. At Skadden, Mr. Sloan’s practice focuses on advising clients on intellectual property, new media and litigation, including appellate and First Amendment matters.

Mr. Sloan has argued five Supreme Court cases, and he has been a leader in Internet law, teaching the law of cyberspace at area law schools and frequently speaking and writing about cutting-edge new media issues. He has been described by The National Law Journal as “an expert on cyberspace.” The New York Times singled out his amicus curiae brief in a landmark Supreme Court internet case as “very likely” having a significant impact on the justices. He also has been a leader on intellectual property issues, and headed a coalition of media companies in successful litigation involving copyright and trademark issues.

In his previous position as general counsel, Mr. Sloan was active in the in-house bar. He served on the board of directors of the Association of Corporate Counsel and on the Advisory Board of Corporate Pro Bono.

Mr. Sloan has received numerous awards, including being named one of Min Magazine’s “21 Most Intriguing People in Publishing” in 2007 and one of The National Law Journal’s “Forty Under Forty” top lawyers in 1995. He is the co-author of a forthcoming book about the historic Supreme Court case Marbury v. Madison (Public Affairs, 2009) and comments regularly on Supreme Court developments.

Mr. Sloan has served in high-ranking positions in all three branches of the federal government. He also has served on the United States Court of Appeals for the District of Columbia Circuit’s Advisory Committee on Procedures and on the District of Columbia Bar’s Publications Committee.

Media and Internet Experience:

* General Counsel, Washingtonpost.Newsweek Interactive (2000-2008);

* Publisher, Slate Magazine (2005-2008); and

* Vice President, Business Development, Washingtonpost.Newsweek Interactive (2002-2005).

Academic Experience:

Adjunct Professor at Georgetown University Law Center, George Washington University Law School, and American University’s Washington College of Law.


Kirkus, December 15, 2008
“Former Supreme Court clerk and Slate publisher Sloan and veteran political aide McKean bring to life one of the most important legal cases in American history…. Sloan and McKean supply Marbury’s historical context and unravel the complex fabric of personalities, politics and law that animated the case…. The authors’ enthusiasm and clear prose vivify the contention that, as Marshall said, ‘It is emphatically the province and duty of the judicial department to say what the law is.’ A crisp, color examination of the case that established the formidable power of the federal judiciary.”

Walter Isaacson, author of Benjamin Franklin: An American Life
“The Supreme Court case of Marbury v. Madison is the most important key to understanding the separation of power in American government. The Great Decision makes the tale come alive. It’s filled with intrigue, colorful personalities, and political maneuvers that seem astonishingly relevant to our world today.”

Douglas Brinkley, Professor of History at Rice University
“What a deeply intelligent and well written analysis of the Madison v. Marbury case. Anyone interested in constitutional law must read this fine book by Cliff Sloan and David McKean.”

Laurence H. Tribe, Carl M. Loeb University Professor, Harvard Law School
“As our nation emerges from a dark decade of disrespect for the Constitution, nothing could be more fitting than a new picture of the great decision that made the rule of law a living part of the American legacy. Forests have been felled writing about that decision as a legal landmark, but its place in the turbulent politics and psychology of the time has never been painted in colors more vivid than those with which Sloan and McKean created this historic portrait.”

Ken Burns, Filmmaker
“Cliff Sloan and David McKean have taken the story of Marbury v. Madison and revealed it to be what it always was: a drama of the first order—superbly and fluidly rendered here—and a decision that would cement the power of the third and most neglected leg of the tripod that still to this day supports us all."

Booklist, 3/1
“In this highly accessible book, the authors skillfully build suspense and tension around an outcome readers may already know.”

Jan Crawford Greenburg, ABC’s Legal Correspondent, ABC.com, February 25, 2009
“Whoever thought that Marbury v Madison could be a page turner? Landmark constitutional law, yes, but a nail-biting drama crafted in dimly lit hotel rooms in Washington? Filled with memorable players such as "Old Bacon Face" Justice Samuel Chase and a slovenly Thomas Jefferson? Cliff Sloan and David McKean's new book, The Great Decision, tells a wonderful tale of how the decision -- which established that the Supreme Court had the power to declare an act of Congress unconstitutional -- came to be. To produce this impressive and gripping narrative, they culled newspaper accounts and diaries and conducted a wide-ranging array of interviews, including with Justice John Paul Stevens, who went back and analyzed his law school notes -- which he apparently has kept all these years.”

Indaba Music is a place for musicians to find one another, create and remix music, and showcase their work. Record with our online session console, find musicians around the world, and blog about your new creations.

Indaba Music is a social networking website for musicians interested in collaborating on music projects online. The site was founded by Dan Zaccagnino and Matthew Siegel, who also founded Veritas Records while undergraduates at Harvard. Indaba Music provides tools that allow musicians to connect and collaborate on music projects with users around the world. Registration and use of the site is free and available anywhere the internet is accessible. The site is similar to other music collaboration sites like Jamglue, Splice, WeMix, eJamming, Mix2r, NinJam and YourSpins.

According to the company, "Indaba is a Zulu word that invokes the spirit of collaboration and community. It refers to a gathering or a forum for sharing ideas, and it embodies concepts that are central to the mission of Indaba Music."  The site is part of a trend in digital music to provide artists with creative services beyond promotion and distribution. According to ABC News, "Anyone can upload a track — whether it's a beat, or a melody or a full-fledged song — and can solicit other musicians to record new or different parts. Similarly, musicians looking to add or build on other people's songs can search for these open "sessions," which are tagged by genre and instrument. They can ask to be invited to play and can send audition tracks."

In August and September 2008 Indaba Music hosted the Mariah Carey remix contest for her song "I'll Be Lovin' U Long Time" in conjunction with Island Def Jam and Live Nation. It was one of the largest remix contests ever held with over 1,200 submissions.

Members of Indaba Music create profile pages, similar to profiles on Facebook or Myspace, where users can post examples of their music, leave comments, and reach out to new members through connections they have made. Members can also blog, post photos, and rate each other's music. Artists use Indaba profiles to represent themselves within the Indaba Music community.

Sessions are online recording projects involving groups of Indaba members. They can be public and open for auditions or they can be private and visible only to invited members. Artists can talk with collaborators, exchange audio files, create mixes, and create agreements regarding payment and/or legal rights.

Indaba also keeps a detailed record of events that occur in sessions which can be subscribed to via RSS feed.

The session console is an online digital mixer that Indaba members use to mix and edit audio in the web browser on any computer. The session console features a user interface that is similar to that of a Digital Audio Workstation. The session console can be used to mix down separate audio files made by other members into one mix to be saved as a single file.

Features of the Session Console include track-level panning, volume, volume automation, mute, solo, cropping, and looping. Users must use their own recording software to produce digital audio which they then upload to Indaba for collaboration and editing. It is similar to the online mixers of sites including Jamglue and Splice.

Third Rail's Video Features

Colbert Report February 24, 2009: Cliff Sloan

nextNYers 115. Indaba Music

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