f/k/a archives . . . real opinions & real haiku

September 30, 2004

the other haiku moon masters

Filed under: pre-06-2006 — David Giacalone @ 2:58 pm

poetry of zen   Issa gets all the space around here, but I also admire and enjoy

the haiku of the two other great classical Japanese haijin, Basho and Buson.  As

the harvest moon wanes, I want to share an example of moon haiku from each of

them.  (The first one presented here, from Buson, was the very first haiku that

I went around quoting to friends — to demonstrate just how wonderful haiku can be.)



by Yosa Buson   (1716 – 1783)



Such a moon–

   Even the thief

  pauses to sing.




by Matsuo Basho (1644 – 1694)


     Harvest moon–

walking around the pond

    all night long


monkey cellphone small  and a non-lunar Basho bonus:



     Year after year

on the monkey’s face

      a monkey face


 (translated by Robert Hass


last load washed 

the dryer won’t start


                                [Sept. 30, 2004]

one-breath pundit

    • Since it’s Banned Books Week, I wonder what Prof. Bainbridge and Prof. Grace think about the

      Catholic Church’s Index of prohibited books.  And since politics are everywhere, I wonder how

      being a libertarian squares with being a devout Catholic.  Sincere inquiries from an apostate.

    • The Fortune article about business weblogging has gotten a lot of attention (like here and there).

      I wonder if Sun Microsystem’s president-blogger Jonathan Schwartz, or journalist David Kirkpatrick,

      has found a way to figure out how many actual people “read” Jonathan’s site (they claim 35,000 a

      day), or if we’re getting the usual bloated “hit” numbers.

    • Update:  In response to our recent post, Dennis Kennedy was kind enough yesterday to email me a lengthy explanation for the decision not to include any items from ethicalEsq in a list of materials on alternative billing by lawyers that he and Tom Mighell, composed for the current edition of Law Practice Today, which focuses on alternative billing.  I want to clarify that my reason for wanting this weblog to be included on the LPT link list is the different perspective it brings to the topic of alternative or value billing, as compared to the cheerleading found in virtually all other materials, which do not tend to deal with legal ethics or reducing legal fees.  Although I did not find Dennis’ explanation to be fully satisfactory, I must note that the Trackback problem at Dennis’ site has been (more than) remedied — thanks, DMK!

haiku heavyweights  sumo

read any banned books lately?

Filed under: pre-06-2006 — David Giacalone @ 1:17 pm

see the ALA/BBW children‘s poster . . . bbw2004 


This is Banned Books Week, and a good time to be thankful for our freedom of expression and

vigilant in guarding that right.   Of course, our right to read or write a book is greater than our right

to have that book available at a public library. The American Library Association’s theme for BBW 2004

is Elect to Read a Banned Book.   Find out more about banned and challenged books here.


bbw2004ya . . . see the ALA young adult poster


Since the weblog world loves lists, why not let us know how many of the most-challenged books

since 1990 you have read? [Only six for me.]   Click here to see the top twenty from 1990 – 2000 (the ALA

lists the top 100), and this year, plus the reasons for the challenges.



September 29, 2004

greatest hits?? the spector of bad baseball

Filed under: pre-06-2006 — David Giacalone @ 8:17 pm

It is indeed a wild world — on the heels of Cat Stevens’ deportation, we have hit-meister Phil Spector indicted for murder and the Montreal Expos threatening to bring their hitless brand of baseball to Washington, D.C.

With George Wallace too distracted (by deadlines and billable hours) to post on these topics at Fool in the Forest, the many former editors of this weblog have decided to offer a little commentary. [Click here, if you dare.]

all day rain
on the playing field
a stray dog

… by Tom Painting , from A New Resonance 2: Emerging Voices

As Kobayashi Issa knows,

where there’s people
there’s flies
and Buddhas

translated by David G. Lanoue

shake your buddha

wedding news in our haiku family

Filed under: pre-06-2006 — David Giacalone @ 12:17 pm

bridegroom  This past Sunday (Sept. 26, 2004), the New York Times “weddings” page featured three

haiku that recently appeared on this website.  More importantly for friends of Roberta Beary and Frank Stella,

the Times article told the story of their courtship and resulting wedding on September 18th. 


In our guest poet archive, you can find links to postings that feature Roberta, a lawyer-poet who works in

D.C.   Many of her haiku reflect a journey from divorce through nurturing a new trust upon which to build a new marriage.  Congratulations and best wishes to Roberta and Frank (you lucky guy!).


Here are two new haiku/senryu by Roberta Beary:


school photo

the frown my sister

grew into

                                         [honorable mention, penumbra 2004 haiku contest]


family picnic

the new wife’s rump

bigger than mine


[winner of the favorite senryu award, modern haiku 34-3;

forthcoming, HSA Members’ Anthology 2004]

                                                                                                                    the poet-bride . . . beary

thanks a lot,

clouds –

no moonshadow tonight

                                                  [Sept. 29, 2004]


harvest moon
on a clear, rainless night


don't forget tack neg  It’s not too late for Harvest Moon gazing or shooting! (and see Issa’s autumn moon haiku)


one-breath pundit  

    • Among other things, Tom Mighell was kind enough today to point us all to The

      Onion Election 2004 webpage.  We need it.  Need I say more?

    • Acronymously Limited Media?  Robert Ambrogi tells us that American Lawyer Media 

      will officially change its name to — drum roll — “ALM “on October 1st.   I can’t tell you how

      much we need another bland, meaningless acronym.  Surely, it represents the pulsing

      creativity and integrity of panoply of ALM publications and services.  Check here for

      other meanings of the ALM acronym (I like “a la mode” and “application Loadable Module”).

    • Dear Political Fundraisers of All Stripes:  Please read Prof. Bainbridge‘s online missive (Sept. 29) to the National Republican Senatorial Committee and draw the proper conclusions and analogies to your own tactics.  Also, stop trying to fool me with addressing script that looks like handwriting, and offering me credit cards from companies famous for ripping off folks who have poor credit.  ‘Nough said (I wish).

op/ed from the former Cat Stevens

Filed under: pre-06-2006 — David Giacalone @ 12:58 am

cat stevens     Yusuf Islam, f/k/a Cat Stevens, has penned an op/ed piece appearing in today’s Los Angeles Times  (Sept.28, 2004), in which he describes his trip last week to the U.S.A. and instant deportation.   “Something Bad Has Begun: The former Cat Stevens says he hasn’t changed but the U.S. has.”  Islam says I am a victim of an unjust and arbitrary system, hastily imposed, that serves only to belittle America’s image as a defender of the civil liberties that so many dearly struggled and died for over the centuries.” Click here for other important excerpts.

  • Although it’s off-topic, we’ve been following this story for a week (see here and here) — probably because of our long affection for the music of Cat Stevens.  So far, Mr. Islam’s explanations seem far more plausible than the charges against him — whether new or regurgitated.    I also believe we should listen closely to Privacy International’s concerns about the overly intrusive nature of the US-VISIT system.

katydid    in this world
among insects too…
good singers, bad singers

 by Kobayashi Issa, translated by David G. Lanoue 

September 28, 2004

going out long

Filed under: pre-06-2006 — David Giacalone @ 5:45 pm




fall twilight–

my brother going out




September dawn

the almost silent lap

of river oars


(Edited by Jim Kacian and Dee Evetts, Red Moon Press, 2001)


just before

the pale orange moon

a bright orange sky

                                [Sept. 28, 2004]

one-breath pundit

    • Let me raise my small voice to protest the breach of confidentiality by the 2000 Supreme Court law clerks regarding Bush v. Gore.  Only illegality or unethical judicial conduct could possibly justify violating the confidentiality between clerk and court — and Vanity Fair would surely not be the proper forum. (see law.com; via Legal Reader)

    • Overlawyered.com points to a telling column in the Boston Globe, Why the 9/11 fund was a mistake. Besides all the greed and deceit, Jeff Jacoby echoes my feelings: “To begin with, there was the injustice of having the feds bestow multimillion-dollar jackpots on the Sept. 11 families when countless other families struck by tragedy get nothing.”

    • Enough.  Let’s all leave Howard alone and hope he (1) was using irony and (2) continues his 20 Questions.

    • Today’s TISK! update reveals where f/k/a stands on passive lying by lawyers, contingency fee ethics, Stanley Fish, the dreaded “haiku syllable myth,” and more.

    •  A hat tip from this “liberal” competition-consumer advocate to Prof. Bainbridge, for his stance on importing drugs from Canada.    Beyond the conservative opponents, I wonder who the Democrats opposing importation think they are protecting.

canoeing pair small

more harvest moon haiku

Filed under: pre-06-2006 — David Giacalone @ 12:59 pm

Here’s another bountiful crop of harvest-moon haiku dedicated to our weblog colleagues.  full moon 

– – haiku by Kobayashi Issa, translated by author-poet, professor David G. Lanoue 



for haiku lover Robert Ambrogi of LawSites

in the harvest moonlight
unruffled, unaffected


for Kevin O’Keefe at Real Lawyers Have 

hazy night–
sake is flowing
waterfall and moon

for Jonathan Mayhew at bemshaw swing

on one knee
the moonlight…
frog in the evening


full moon neg  for the long-overdue Stuart Levine at TaxBizLaw

the moon at your feet
look! look!
croaking frog


for soloist supreme Carolyn Elefant of MyShingle


if only she were here
for me to nag…
tonight’s moon!


for the hopeful TBP, Esq. at unbillable hours

departing geese
where will you moon-gaze


for J. Craig Williams at May It Please the Court

a lucky fox
deigns to bark…
hazy moon


for Margaret Marks von Transblawg

spooning up soup
and bringing forth
the moon



for Howard Bashman at How Appealing

vain man…
the autumn moon


quarter moon  for Matt Homann at the [non]billable hour


my hut’s mosquitoes
go out to make a living…
dusk moon



for the young and restive Insomniac

“Gimme that harvest moon!”

cries the crying


for Steve Minor at SWVaLawBlog

tonight’s moon–
how many mountains resemble
the ones back home?


leaf red  for Jeralyn Merritt at TalkLeft

do you shine
so I’ll steal the plum blossom

for Prof. Lessig at his appropriate weblog


the defeated wrestler, too
joins the crowd…
bright moon


for Madeleine of Mad Kane

granny comes
drinking her sake…
a moonlit night


for Glenn K. Garnes of EsqLawTech

under my bottom
the stone warms up…
moonlit night

quarter moon flip

for Marcia Oddi of the not-just Indiana Law Blog

holding up
the hazy moon…
willow tree


for Genie Tyburski of VirtualChase  


harvest moon
on a clear, rainless night


for lawyer-poet >Deborah Sirotkin Butler


glimpsing the moon
over my home village…
also brings tears

– click here for over a hundred autumn moon haiku by Kobayashi Issa 
– many thanks to the translator, author-poet, professor David G. Lanoue 

– see our tribute to the October Hunter’s Moon, a/k/a Blood Moon, here.

September 27, 2004

alternative billing: how soon they forget

Filed under: pre-06-2006 — David Giacalone @ 11:42 pm

don't forget tackone-breath pundit  [with update]

Update (Sept. 28, 2004):  Maybe this forgetfulness is more Pope [ “Those oft are stratagems which errors seem, Nor is it Homer nods, but we that dream”] than Horace.  Dennis Kennedy isn’t accepting my trackback pings from this post.  Let us (and Dennis) know whether you find our treatment “useful.”


Update (Sept. 30, 2004):  In response to this post, Dennis Kennedy was kind enough yesterday to email me a lengthy explanation for the decision not to include any items from ethicalEsq in the list compiled for  Law Practice Today.   I want to clarify that my reason for wanting this weblog to be included on the LPT link list is the different perspective it brings to the topic of alternative or value billing, as compared

to the cheerleading found in virtually all other materials — which do not tend to deal with legal ethics or reducing legal fees.  Although I did not find Dennis’ explanation to be fully satisfactory, I must note that the Trackback problem at Dennis’ site has been (more than) remedied — thanks, DMK!



what did you forget?
retracing steps



 Issa, translated by David G. Lanoue 

this moon’s for you!

Filed under: pre-06-2006 — David Giacalone @ 6:59 pm

full moon neg  Master Issa and haikuEsq interrupt your weblogging to remind you to look up and enjoy the Harvest Moon tonight and the next three nights.  We’ll be dedicating a sampling of autumn moon haiku to various weblog friends and colleagues for the next few days (all haiku by master Japanese poet Kobayashi Issa, translated by author-poet, professor David G. Lanoue):


for Denise Howell at Bag&Baggage

trying and trying
to grasp the harvest moon–


for Wm. J. Dyer of Beldar fame

aiming their butts
at the moon…
rice field geese



for Martin Grace at a tort et a travers

harvest moon-gazing
priests, samurai



for Fed84 at Crime & Federalism  

the thief
is just as he is…
hazy moon




full moon for friend George Wallace of The Fool in the Forest

harvest moon–
on a stone a teacup
filled with sake


for B.J. Grenier at BenefitsBlog

harvest moon–
when my heart’s had its fill
it’s dawn


for Ken Lammers at CrimLaw


the mountain moon              
gives the blossom thief


for Jerry Lawson at eLawyerBlog

on the moonlit spider web
an evening


for the non-ephmeral Ernie Svenson 

                                                                                 quarter moon quarter moon flip

bright moon–
in a little thicket too
a festival!


for UCL, the omni-commenting Uncivil Litigator


on the river back home too
no doubt…
moon gazing


for Tom Mighell at Inter Alia

which of you owns
that red moon


for Evan Schaeffer at Underground Notes etc.

the sake gone
time to buckle down
and moon-gaze


coyote moon  for Ted Frank and Walter Olson at Overlawyered


harvest moon–
wherever you are
someone’s annoyed


overly helpful–
the harvest moon
eclipse critic


for the merciful Scheherazade


after renting the house
the first thing: moon gazing



for Nancy Stinson at StarkCountyLawLib

in the harvest moonlight
unruffled, unaffected


quarter moon flip  for Rick Klau at tins 

harvest moon–
my lap would be a pillow
if my child were here



for Prof. Bainbridge at his eponymous weblog 

harvest moon–
the peddler selling
eight cent sake



for Mr. Firefly at Running with Lawyers

hey boatman
no pissing on the moon
in the waves!


for Dennis Kennedy of the snazzy new DMK.com

the Man on the Moon
looks to be about

for John F. Kerry:

harvest moon–
going out
going back in


for our haiku President George W. Bush

with the moon out
it seems to shrink back…
little mountain


for editor-emeritus Prof. Yabut:

on harvest moon night
greeting the moon…
with snores


– click here for over a hundred autumn moon haiku by  Kobayashi Issa 

– many thanks to the translator, author-poet, professor David G. Lanoue 

rave reviews

for the lighting crew –

harvest moon

                       [Sept. 27, 2004]

half moon

tiny check  We collect more Harvest Moon haiku here and there.


the makeshift curtain

Filed under: pre-06-2006 — David Giacalone @ 2:29 pm





my wardrobe

full of faded clothes

Monday morning




community play

a small boy peeps under

the makeshift curtain



in English-Language Haiku  (Jim Kacian, Dee Evetts, eds. Red Moon Press, 2001)  





exhaust fan



                         full moon

one-breath pundit  

    • Why are people surprised that viewers of Comedy Central’s The Daily Show with Jon Stewart 

      are more likely than non-viewers to know candidate’s positions and backgrounds?  A joke is

      only funny if you “get” the allusion and context.(See Annenberg Study; via beSpacific)

    • Will everyone who has NOT made a bad Cat-Stvens-song-title pun in the past 5 days please raise

      their hand?  The rest of us need to exercise more discipline and creativity.

    • Saturday, Ernie Svenson marvelled at a one-post only “ephemeral blog“.  We explored this topic last year, while asking Does the Blogosphere Exist?, and spotlighting the weblog vespertine, which got 300 page hits 4 months after its single, two-sentence post.  (Also, see the Perseus Report)

September 26, 2004

leaves rustle

Filed under: pre-06-2006 — David Giacalone @ 4:02 pm


leaves rustle Welch28    [click here for full-color photo-poem] 



a table for one–

leaves rustle

in the inner courtyard  




first cold night–

smell of hot dust

from the vent

                                                                                  [click here for full-color photo-poem]   first cold neg  



from Open Window, haiku and photographs by Michael Dylan Welch



by dagosan: 




scat, sun

clouds, too!

harvest moon comes tonight 




harvest moon

over Wal-Mart —

schlepping groceries    

                                                                    [Sept. 26, 2004] 


one-breath pundit

    • Saratoga Springs, NY, has a fresh approach to choosing a “community novel,” which they hope will be read by the entire City in 2005 — let the community itself choose “a single novel rich enough to sustain invigorating dialogue.”  After starting this Spring with more than 100 titles, ballots from the public have narrowed the list to five novels, with the final Saratoga Reads! title to be chosen in further voting that ends on October 10th.

      The final five books are:

      Nobody’s Fool, by Richard Russo
      Pride and Prejudice, by Jane Austen
      Ragtime, by E.L. Doctorow
      The Golden Compass, by Philip Pullman
      The Kite Runner, by Khaled Hosseini

      The public can vote online or at one of several polling stations in town. 

    • Marci Oddi has fascinating coverage at her Indiana Law (we)Blog on the tension between privacy, security and access to public records created by aerial mapping/photography.

  • katydid  Another TISK! update finds f/k/a Home Alone in Little Conversations” reflecting on bariatrics    Gosh, Jerry, maybe it’s too easy for weblogs to get #1 ratings from Google et al.

how do you spell Cat?

Filed under: pre-06-2006 — David Giacalone @ 1:01 pm

blackboard abc

one-breath pundit  

    • Time magazine reports that a spelling error caused the deportation of Yusuf Islam, f/k/a Cat Stevens, perhaps confirming our doubts:

“According to aviation sources with access to the list, there is no Yusuf Islam on the no-fly registry, though there is a “Youssouf Islam.” The incorrect name was added to the register this summer, but because Islam’s name is spelled “Yusuf” on his British passport, he was allowed to board a plane in London.” (emphasis added)

the gang that couldn’t spell strait!

    • Update (8 PM): Dan Carlson of the Indianapolis Star has an interesting column today, titled “Followed by a goon shadow.” Carlson says

    • “They can’t find Osama bin Laden, but they’ve saved us from Cat Stevens.”

    • “Tied to terrorists? Well, “ties” can be about anything when the government doesn’t have to spell them out.”

    • “Is this the world’s mightiest force for liberty going about its noble work, or is this Colonel Klink of Stalag 13 with computers and opinion polls?”

  • p.s. to UCL:  I promise not to gloat about this until all (or enough of) the facts are in.

 from Kobayashi Issa:  


the stray cat also
picks this inn…
bush clover blooming


I sing the praises
of my fly-catching

translated by David G. Lanoue 

. . . . . . .  cat stevens

September 25, 2004

the politics of pain

Filed under: pre-06-2006 — David Giacalone @ 8:59 pm

md. v. jd? boxers


world of pain–
and the cherry blossoms
add to it!


                 from Kobayashi Issa, translated by David G. Lanoue  

one-breath pundit

    • I just heard Jennifer Ludden‘s NPR presentation on Tort Reform as a Campaign Issue (audio link,

      Sept. 25, 2004), billed as a talk with Frank Cross, Michael McCane, and Overlawyered’s Walter Olson

      on the “link between litigation and the economy.”   I think the “litigation does more good than bad”

      guys won this skirmish.

    • If you haven’t followed the sparring at Point of Law on Tort Reform and the Election, I urge you to

      do so.   Physician Ron Chusid (for Kerry) and Lawyer Ted Frank (for Bush) both have stamina,

      but no knockout punch.  We recently asked for a better definition of “frivolous lawsuit,” and the meritorious topic was considered by both Ted and Ron.

    • Check out Lessig vs. Tucker at the Legal Affairs Debate Club, on whether being a Trial Lawyer hurts John Edwards in the election. (via Ernie) — Champion of the underdog or shark in a suit?

  • Three things that pain me but seem to have no cure: (1) the idea that physicians and lawyers are natural enemies; (2) the purchase of the Democratic Party by Trial Lawyers, Inc.; and (3) the Republican Party’s blanket condemnation of “trial lawyers” and simplistic approach to tort reform. 

ain’t got two scents to rub together

Filed under: pre-06-2006 — David Giacalone @ 3:02 pm

ferris wheel


I forget my side

of the argument


calmly talking divorce

under the crackle

of fallen leaves


(Brooks Books, 2000) 


no coffee brewing

no scent of love

to wake the hermit


                                                       [Sept. 25, 2004]

one-breath pundit  

    • A discussion of lawyer bullies can be found at Notes from the (Legal) Underground.  . . . . bully . . . .

    • Does the English language have a collective noun for “nieces and nephews”? (“terrorists” doesn’t count)

    • Although George Wallace seems to revel in them, I’m still not sure I approve of judges who can’t resist “the

      temptation to wax scholarly and poetical” in their opinions.  And, please, save me from cutesy precedent.

    • Thanks to Robert Ambrogi for pointing to ChessLaw and thence “The Fertile Octogenarian” linkfest.

    • Let’s Ban This Now: An article in today’s Schenectady (NY) Daily Gazette (subscript. only) raves about CarXPC, which is developing a “computer which has been designed specifically for in-vehicle use. ” The monitor mounts right next to the dashboard and all Windows XP applications are supported (more).

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