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

December 10, 2004

fla. bar sics a giant on the pit bull

Filed under: pre-06-2006 — David Giacalone @ 4:58 pm

The Florida Bar must really want to muzzle the 800 pit bull ads that it helped make famous

in disciplinary proceedings against the firm Pape & Chandler.  FBA has drafted Barry Richard

— a Florida giant in the field of appellate law — to pursue its crusade against the purportedly

deceptive and undignified  lawyer advertising.   Richard is a partner at the Tallahassee firm of

Greenburg Traurig, and is perhaps best known for his nationally televised argument on behalf

of President Bush before the Florda Supreme Court in the Election 2000 Bush-Gore litigation.  


dog black As we explained more fully here:

The Honorable Judge William W. Herring presided over the matter as Referee

and ruled that neither the 1 (800) PITBULL number, nor P&C’s logo (depicting

the head of a pit bull in a spiked collar) are deceptive or otherwise violative of 

the Rules Regulating the Florida Bar; furthermore, the State’s lawyer advertising

rules are unconstitutional restrictions on commercial speech as applied here by

The Florida Bar.

We think this case will backfire on the censors at the Florida Bar — we put our money on Pape

& Chandler and the First Amendment.


update (8 PM): Tim Chinaris of sunEthics has written to remind us that Barry Richard un-

successfully represented the Florida Bar in the Mason v. Florida Bar (11th Cir. 2002) Attorney

Steven G. Mason used an ad that stated “AV rated, the Highest Rating [in the] Martindale-

Hubbell National Legal Directory.”  FBA said the ad violated an ethical rule prohibiting

“self-laudatory” advertising, and insisted Mason include a disclaimer that Martindale-

Hubbell does not rate all lawyers and that the ratings are exclusively based upon information

from confidential sources. (see 1st Amendment Law Center for a good summary of Mason

After losing at the 11th Circuit, Richard is quoted saying, “I admit that this case was at the

edge of the envelope.”   This time, the Florida Bar has again gone over the edge.


spring breeze–
two samurai
attend the dog


after plastering
the gate with fleas
the dog runs off


the dog
braces himself…



 ISSA, translated by David G. Lanoue

having to guess

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

autumn clothesline

his and her pyjamas

frozen together


calmly talking divorce

underfoot the crackle

of fallen leaves

dead end sign



having to guess

from the footsteps:

evening fog



George Swede from just one page of


by dagosan:  

eyelid lightshow —

he hits the snooze button

one more time

                              [Dec. 10, 2004]


one-breath pundit

   Poor Walter Olson, people keep mistaking the Editor of Overlawyered.com
for a lawyer, and now LegalAffairs has him listed among the candidates in

its poll to find the Top 20 Legal Thinkers in America.  I’m sure Walter would

be the first to tell you that not being a lawyer may be one of the best ways

to be one of “the country’s most influential and important legal thinkers—

the ones whose ideas are pushing the law forward (or backward, as the case

may be).”  You have until March 1, 2005 to submit your six choices.    


tiny check  Prof. Bainbridge asked on Wednesday “Has Slate ever responded

to – or even acknowledged – the devastating criticisms my friend and colleague

Eugene Volokh routinely directs at their Bushism of the Day column?”  We ask:

Why should they have to?  Anyone who reads Slate‘s Bushism series knows

why they do it.  Point-by-point refutation (often overkilling the topic and audience

to the point of mental numbness) is not going to change even one mind.  It must

instead make the average reader say “I get it, I get it, I get it already, Eugene!”    


tiny check Which reminds me, nobody at Mirror of Justice has seen fit to respond to the     dead end sign n

 posts here on religious law schools, such as, religious law schools offer no salvation, and

no one has taken our faith-based law school exam.  

foer reviews five

Filed under: pre-06-2006 — David Giacalone @ 11:39 am

Bert Foer, President of the American Antitrust Institute, makes your holiday gift shopping easier — and

may improve your understanding of policy issues involving markets, competition, and corporate structure

 — with a holiday book review posted today that covers the following books:

Foer sets up the review with this introduction:

“Markets and governments have been with us throughout history, but our notions of how these two

featured instruments of civilization should interact are constantly changing. Five recent books throw

light on current thinking about the nature of firms and markets and the appropriate role for government,

particularly with respect to government’s paradoxical antitrust role as the middle way protector of

competition, the principal alternative to a heavy-handed regime of economic regulation or its opposite,

laissez faire capitalism. The microeconomic paradigm known as the Chicago School (or what Joseph

Stiglitz in the international context calls “the Washington Consensus”) has controlled federal antitrust

policy since the election of Ronald Reagan. The paradigm is flawed, but its successor has not yet



at the market
with all his might
firefly flits

                ISSA, translated by D. Lanoue                                                                                                             watch step sign 

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