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

December 21, 2004

come on back, sun

Filed under: pre-06-2006 — David Giacalone @ 1:59 pm

The Solstice Cynics won’t keep me from enjoying the concept of an entire people

awaiting the return of the sun and celebrating its light, renewal, and hope — [e.g., Chas.

Krauthammer] Similarly, I won’t let all those who are irked by Generic Holiday Greetings

[e.g., Ken Lammers, Prof. B.] keep me from wanting all Americans to celebrate this Season

without feeling religiously incorrect, compromised or left out.

sunset gray small This weblog has never been reluctant to poke fun at extremes of politically

correct language. But, attempts to make this Holiday Season — clearly the most important

celebration for our nation — all-inclusive do not seem silly to me, regardless of the

Constitutional dimensions of the debate. Indeed, shopping sprees and Santa suits

have done far more to “take the Christ out of Christmas” than a slew of First Amendment

law suits could ever do.

A whisp of white smoke:

Out of a widow’s chimney

Winter is rising

RICHARD WRIGHT,

Haiku: This Other World

In the Fourth Century A.D., Christmas was set at the end of December, in order to co-opt (or

overcome) ancient Sun-Solstice celebrations [see, e.g., here, here, and even there]. This

makes the Solstice Story well worth retelling. Universe Today has a good summary of the

science and the lore, including this excerpt:

The season we call “winter” begins on the Winter Solstice. The word Solstice

means “sun still”.

Because ancient peoples knew nothing of the earth’s tilt, the southward march

of the sun was a troubling time. There was fear that one day the sun might continue

moving south until it was lost entirely. Many cultures conducted rituals to encourage

the sun to move north again and when it did there were great celebrations. These

celebrations, regardless of culture, all had a common theme that of rekindled light.

Not surprising then that many of the traditions and customs of ancient Solstice

celebrations have survived to the present day. Although we know that the sun will

begin moving north without any encouragement from humans, we still use this time of

cold and darkness to celebrate the theme of rekindled light. From the Hanukah Menorah,

to the Scandinavian Yule log, to the lights of the Christmas tree, during this season we

seek to push back the darkness with light. Although the forms have evolved over the

centuries, we cans still see the spirit of many of the old ways in our present day Solstice

celebrations.


 

The author of “Christmas, Solstice, Chanukah: The Season of  Light,” (at eaglequest.com) , says:

 

 

“What is important is how this light is shared in people’s hearts. In every faith,

it is a time to forgive what is past and to begin anew: Christ brought light to the

world, and redemption from sin; the darkness of the Jew’s captivity was lightened

and a new life began; the pagans celebrate a new cycle of beginning free of ever-

darkening days.”

 

No matter what spiritual, religious or non-religious meaning is given to this season of celebration

by individuals, families, congregations or groups, I hope we can all unite in the feeling of light

and renewal — and put aside defensiveness (and offensiveness) about whose feast we are or

are not celebrating.

 

shortest day

the highrise disappears

into indigo

…………………… by  Pamela Miller Ness



 

 

today even the pigeon
says a prayer…
first winter rain

……………….. by ISSA, translated by David G. Lanoue

 

 

 

 

 

starXmas

 

 

p.s. Speaking of light and renewal: The premiere edition of the haiku journal Roadrunner

was born this week. It’s editor, Arizonan Jason Sanford Brown, stopped his online

haiku website laughing mountain five years ago, but our patience has been rewarded.

The first edition of Roadrunner has haiku from Michael Dylan Welch, Jim Kacian, and Ferris

Gilli, and a “southwestern haijinspotlight that features the fine work of Elizabeth Searle Lamb.

 

December 20, 2004

more hollyku (not a conspiracy)

Filed under: pre-06-2006 — David Giacalone @ 12:52 pm







– For more, see our christmas season haiku

Page and our New Year haiku & senryu Page

 

I realized, after posting the prior Hollyku message very early this morning,

that I had forgotten the gang at Volokh’s place.  Since my webserver won’t

let me edit the earlier post (I can’t explain it), and I had no intent to boycott

the VConspirators, they get their own little dedication (plus, a pointer to EV’s

excellent post on the freedom to tell the truth about another person):

 


for Eugene, Orin, Erik, David(s) and

the entire Volokh Cabal

 

shortest day —
all of the yellow
beaten out of eggs

                           MATT MORDEN, from The Heron’s Nest V:3          stainHollyF

 



 

update (5 PM): How could I possibly forget my weblog-haijin colleagues, Paul

and Mary Melodee Mena at haikupoet.com?  [Being an Old Soul might be good,

but being an Old Brain is not.] Since they’re suffering from an Artic Express today,

like we are in Schenectady, they will hopefully understand dagosan’s lament:



 

bitter cold

before the solstice:

the weather man’s surprised

                                           dagosan  [Dec. 20, 2004]

  

by dagosan:  






married a decade

she hides

the mistletoe

 





married a decade

he buys

new mistletoe

                                                     [Dec. 20, 2004]

 

 one-breath pundit



tiny check Not an Irony: One of my biggest pet language peeves is the misuse of the
adverb “ironically.”  See a fuller discussion here.  I am happy to say, therefore,

that it was not ironic, but definitely serendipitous and coincidental to counting

our year-end blessings, that someone did a Google search today for the query

 Ironic vs coincidental>  and f/k/a was the #1 result in the Search.   As we

stated in our earlier post and are more than willing to reiterate:


 The indiscriminate discovery or attribution of irony where there is

no incongruity is, to use the vernacular, dumbing down the English

language, as well as the human thought process.  As aptly noted in

the American Heritage Dictionary:  


The words ironic, irony, and ironically are sometimes

used of events and circumstances that might better be

described as simply “coincidental” or “improbable,” in

that they suggest no particular lessons about human

vanity or folly.  

For further discussion of the use and misuse of the concept of irony, see

Guardian article Isn’t It Ironic? (June 28, 2003) and the Wikipedia entry .

holiday hollyku

Filed under: pre-06-2006 — David Giacalone @ 12:25 am


2004 was a very good year for the characters who hang out at  fHolly “kholly” aHolly.

 

Prof. Yabut and ethicalEsq got to retire (and butt in sua sponte). haikuEsq 

has been able to share with you some of the very best contemporary haiku

(plus the work of the imitable Master Issa) — due to the generosity of more than

a dozen Honored Guest Poets.  Plus, dagosan has had a place to begin to learn

the haijin craft, with daily deadlines to inspire productivity.

 

We want to thank all our visitors, plus the webloggers who keep us informed

and entertained, and on our many toes.  So, below are an array of haiku that touch

on various feelings and themes, which human beings all around this planet share

as one year ends and the new year brings hopes and challenges, with renewed

faith and energy and community.  We’ve dedicated each to one of our weblog friends

and colleagues, but feel free to mix and match and find your own favorites.




  • Happy Hollidays to All who who have joined this humble venture and made it a

    fun and fulfilling adventure!  


stainHolly


 

for Wm. J. Dyer of Beldar




piano practice

our scowling child plays

Ode to Joy                     


                       Tom Painting, from piano practice    

 

 

 

for Denise Howell at Bag&Baggage


on New Year’s day
a cute little pilgrim
at the gate

                                Kobayashi Issa

                                                   translated by David G. Lanoue


 

for RiskProf‘s poohbear-poobah Prof. Martin Grace “santaDudeNegF”

 

naughty child–
instead of his chores
a snow Buddha

                            Kobayashi Issa,

                                             translated by David G. Lanoue 


 

 

for Michael “Fed84” Cernovich at Crime & Federalism  

 


oh New Year’s god
this year too
send help!

                  Kobayashi Issa,

                                translated by David G. Lanoue 






for sarni downunder at Infernality


waves of light
up and down the tree
fireflies

             Martin Gottlieb Cohen  

                          TinyWords.com (Dec. 18, 2000) 

 

 

 

 a pair for friend George Wallace of The Fool in the Forest


 




other lights

than our own–

the Milky Way

                              Gary Hotham

                            The Heron’s Nest  III:1

 

 

 

 

a present, a present
a New Year’s present!
her healthy face

                          Kobayashi Issa,

                                    translated by David G. Lanoue   snowmanHatF




 

 

 

for B.J. Grenier at BenefitsBlog

 

snow flurries

candlelight moving

from window to window

                              paul m, The Heron’s Nest I:4

 

 

 


 

 

a red flush

on the amaryllis bud

New Year’s Eve

                     Pamela Miller Ness,

                                The Heron’s Nest VI: 1





 



for Jerry Lawson at eLawyerBlog


home for Christmas:

my childhood desk drawer

empty

                          Michael Dylan Welch, Open WindowWelchSantaSmG 

                                                     haiku & photograph  original

 

 

for Ken Lammers at CrimLaw 



bitter cold

the bell ringer —

peppermint breath

                                    Tom Painting,

                                          The Heron’s Nest V:12



                                                                                  

 

for the godfather of blog Ernie Svenson



shortest day

the highrise disappears

into indigo

                      Pamela Miller Ness 

 

 

 

for UCL, our Uncivil Litigator




the year’s first rain–
my grass roof’s
first leak

                  Kobayashi Issa,

                           translated by David G. Lanoue 


 

 

joy neg for Tom Mighell at Inter Alia


which lucky direction
for drinking sake?
New Year’s almanac

                               Kobayashi Issa

                                            translated by David G. Lanoue 




                              

 

for Evan Schaeffer at Underground Notes etc.



year’s end

the bartender

blocks my reflection

                           Tom Painting,

                                         The Heron’s Nest



 

 

for Ted Frank and Walter Olson at Overlawyered  santaList 

 


a new year begins–
nonsense
piled on nonsense


             Kobayashi Issa,

                          translated by David G. Lanoue 



 

for story-spinner Scheherazade

 


Christmas morning

a yellow ribbon

of sun

                    Alice Frampton,

                          The Heron’s Nest V:12

 

for Nancy Stinson at StarkCountyLawLib


paying no mind
to the year’s last day…
a floating bird, asleep
                                 Kobayashi Issa,
                                              translated by David G. Lanoue 
      

 

 

snowmanHat  for Rick Klau at tins 





first snow

at every window

a child’s face

                                Roberta Beary

                                 worldhaiku, Haiku Happens (1998)  “

 

 

 



for Prof. Bainbridge at his eponymous weblog 



for drinking buddies
the usual New Year’s pilgrimage…
sake shop

                Kobayashi Issa,
                                       translated by David G. Lanoue 


 

 

for Rufus T. Firefly at Running with Lawyers



feeding pigeons

on Christmas morning ~

the can collector’s red socks

 

                        Pamela Miller Ness from the haiku sequence

                                            “Can Collector’s Red Socks” (2003)

                                         

 

for Dennis Kennedy of  DMK.com


backstreet–
on the year’s last day
a lover cat

                              Kobayashi Issa,
                                            translated by David G. Lanoue 

 


 

 

for our haiku President George W. Bush  “santaDudeNeg” 



        drifted snow

the welcome disappears

     from the doormat      

                               Jim Kacian 

                                              from Presents of Mind,

 



for haiku-lover Robert Ambrogi of LawSites



New Year’s Day–
that I’m off on this journey
unbelievable

                       Kobayashi Issa,

                                       translated by David G. Lanoue 

 

 

kHolly  for Kevin O’Keefe at Real Lawyers Have 





winter sickness
my daughter tucks me in
for the first time

                                Matt Morden 

                                 The Heron’s Nest, (July 2003)


 

the newly resurrected Stuart Levine at TaxBizLaw



the chicken is treated
to one…
New Year’s herbs

                            Kobayashi Issa,

                                             translated by David G. Lanoue                            


 


for the solo maven Carolyn Elefant of MyShingle

 




clamoring for New Year’s
gifts, children
and grandchildren

                           Kobayashi Issa,

                                           translated by David G. Lanoue 


 

 

 

for J. Craig Williams at May It Please the Court 



Christmas eve

the carousel animals

all motionless

                         Pamela Miller Ness Modern Haiku XXIX: 2

 

 


 

for Monica Bay, our un-Common Scold


today even the
hordes of hell celebrate
the new year
                        Kobayashi Issa,
                                      translated by David G. Lanoue

 

 

stainHolly  for Margaret Marks von Transblawg


new year’s fog

she washes

all the windows

                        Pamela Miller Ness Haiku Troubadours 2000 

 

 

 

for Howard Bashman at How Appealing




Christmas eve

in the courtyard below

a flutter of wings

                                Pamela Miller Ness 

 

 

 




for Matt Homann at the [non]billable hour



New Year’s Day
a lucky, lucky
light blue sky

                      Kobayashi Issa,
                               translated by David G. Lanoue 


 



 

 

for Marcia Oddi of the not-just Indiana Law Blog



new year’s rain

the circles in the puddle

widen

                 Pamela Miller Ness  Seasonal Winner,

                              Millennium Haiku Calendar Contest (2000)


 

 

for Steve Minor at SWVaLawBlog



even cows and horses
with New Year’s faces…
mountain home


                          Kobayashi Issa,
                               translated by David G. Lanoue 



 



joy neg for Jeralyn Merritt at TalkLeft




sunset’s bell
finishes it off…
year’s last day
                      Kobayashi Issa,

                               translated by David G. Lanoue 

 

 

for Abnu at WordLab:

 



bag lady

tied to her hat

a Christmas bell

                         Kelley Jean White,

                                        TinyWords, Dec. 16, 2002
 

for Larry Lessig at Lessig Central


drawing words
in an old tray’s ashes…
winter cold

                   Kobayashi Issa,

                               translated by David G. Lanoue 


 


 

for Madeleine of Mad Kane


turning into a child
on New Year’s Day…
I’d like that!

                   Kobayashi Issa,
                               translated by David G. Lanoue starXmas


 

 

for Glenn K. Garnes of EsqLawTech


a full round
of New Year’s greetings
at the inn
                    Kobayashi Issa,
                               translated by David G. Lanoue 

 

 

 

for Genie Tyburski of VirtualChase  


bamboo thicket–
on the year’s last day, too
evening rain

                             Kobayashi Issa,
                               translated by David G. Lanoue 

 

 



for George at the Employment Weblog


starting the New Year’s luck
first stoke
of the fire

               Kobayashi Issa,
                               translated by David G. Lanoue 


 

santaList for editor-emeritus Prof. Yabut:




the cat steals
a New Year’s nap…
sitting room

                     Kobayashi Issa,

                               translated by David G. Lanoue 

 

 

for skepticalEsq and his sweet-tooth



January 3rd

the Weight Watchers meeting

doubles in size

                         

                          Carolyn Hall,

                               Edge of Light anthology    

 

                                

for ethicalEsq, who motivates (and aggravates) haikuEsq



guard the haiku
I beseech you!
snow Buddha


                    Kobayashi Issa, translator: D. Lanoue 



 

– click for almost a hundred new year haiku by Kobayashi Issa 
– many thanks to Issa’s translator, author-poet, professor David G. Lanoue 

– “Snow Buddhas” are much like our snowmen (snowpersons), with the added

appeal of showing both the creativity and transience of all our material world.

December 19, 2004

warming the left side

Filed under: pre-06-2006 — David Giacalone @ 3:29 pm



fire-side poetry –
I turn to warm the left side
of my brain

 

 








winter solstice–
moving the scale
to a lighter place

 

 


credits: “winter solstice” – The Heron’s Nest

“fire-side poetry – Raw NerVZ Haiku Volume VII No. 3

 

 
 











rattled 

by the parking space stalker

— season’s greetings!

                                      [Dec. 19, 2004]

 

 

 

last stamp licked–

pushing the holiday

envelope

                     [12-22-03,

                              rev’d Dec. 19, 2004]

one-breath pundit 



tiny check  This week, Evan’s Legal Underground has been discussing ways to improve law school education so that graduates are better prepared  to immediately practice law, and will (it is assumed) therefore have options other than law firms for their first jobs.

              

According to Harvard Law Today Dean Elena Kagan has “launched a curricular review to re-examine

how law is taught — for the first time since HLS Dean Christopher Langdell introduced the current

curriculum in the 1870s.”  (by Beth Potier, at 7, Dec. 2004; story not available online)  The article states:


dinos at night sm “It’s time to say, ‘Is this really what students should be taking? Are they learning the set 

of competencies that they need to master in order to go out and be great lawyers in today’s

world?   How has the world changed in the last 100 and some years? she says.  Kagan is

confident that the multiyear review will turn up an intensified focus on international and

comparative law, something relevant to all practicing lawyers today.

 

Just as Langdell’s 19th-century curriculum became the model for most modern law study in

America, so will the eyes of the nation’s legal scholars be on Harvard as it again rethinks

how it trains lawyers.

 

“If we do our jobs well in this area, we’ll be creating a law school curriculum not just for

Harvard but for legal education in general,” Kagan says.  “It’s the great fun of this job,

but it’s also the great responsibility of it.”

Beyond the insitutional hubris in her remarks, it seems that Dean Kagan is talking about finding new subject

areas rather than finding ways to make law school a practical source of training (Note: there are good

arguments that legal education, especially at elite schools, should be about honing legal reasoning and

communicating skills, and general principles, rather than the nuts-and-bolts of everday practice.)    I’m

skeptical that a curricular review dominated by law school administrators and professors will come up

with proposals that might significantly reduce the demand for law schools and law professors.   Any

impetus for reducing the number of classroom semesters and switching to a series of apprentice-like clerking

and clinic options will probably have to come from the Bar itself. 





    • I wanted to suggest that thoughtful ideas for improving the training of new lawyers be directed to

      Dean Kagan’s office or the appropriate committee or project head.  However, the online HLS Directory

      lists, but gives no contact information for the Dean’s Office, merely linking back to the same Dean’s

      Welcome page that sends you to the Directory for Contact Information.  I could find no other HLS

      entity online related to the curriculum review.   When/if I get contact information, I shall let you know.



 

tiny check VC’s Orin Kerr spotlights the ACLU donor privacy scandal.  As the New York Times reported on Dec. 18:  sleuthSm 


“The American Civil Liberties Union is using sophisticated technology to collect a wide

variety of information about its members and donors in a fund-raising effort that has

ignited a bitter debate over its leaders’ commitment to privacy rights.”

The lawyers and management at ACLU — like lawyers and management in most law firms — apparently throw

away core values and duties, when the task is acquiring money.  Cf. Fees & the Lawyer-Fiduciary

 

red check smaller   When it comes to protecting our freedom from arbitrary arrest and detention, thank goodness for British and American courts.  See today’s NYT editorialA Message, from Britain to Washington.  Are you listening, Mr. President?                                                                                                                                                                  

warming the left side

Filed under: pre-06-2006 — David Giacalone @ 3:29 pm



fire-side poetry –
I turn to warm the left side
of my brain

 

 








winter solstice–
moving the scale
to a lighter place

 

 


credits: “winter solstice” – The Heron’s Nest

“fire-side poetry – Raw NerVZ Haiku Volume VII No. 3

 

 
 











rattled 

by the parking space stalker

— season’s greetings!

                                      [Dec. 19, 2004]

 

 

 

last stamp licked–

pushing the holiday

envelope

                     [12-22-03,

                              rev’d Dec. 19, 2004]

one-breath pundit 



tiny check  This week, Evan’s Legal Underground has been discussing ways to improve law school education so that graduates are better prepared  to immediately practice law, and will (it is assumed) therefore have options other than law firms for their first jobs.

              

According to Harvard Law Today Dean Elena Kagan has “launched a curricular review to re-examine

how law is taught — for the first time since HLS Dean Christopher Langdell introduced the current

curriculum in the 1870s.”  (by Beth Potier, at 7, Dec. 2004; story not available online)  The article states:


dinos at night sm “It’s time to say, ‘Is this really what students should be taking? Are they learning the set 

of competencies that they need to master in order to go out and be great lawyers in today’s

world?   How has the world changed in the last 100 and some years? she says.  Kagan is

confident that the multiyear review will turn up an intensified focus on international and

comparative law, something relevant to all practicing lawyers today.

 

Just as Langdell’s 19th-century curriculum became the model for most modern law study in

America, so will the eyes of the nation’s legal scholars be on Harvard as it again rethinks

how it trains lawyers.

 

“If we do our jobs well in this area, we’ll be creating a law school curriculum not just for

Harvard but for legal education in general,” Kagan says.  “It’s the great fun of this job,

but it’s also the great responsibility of it.”

Beyond the insitutional hubris in her remarks, it seems that Dean Kagan is talking about finding new subject

areas rather than finding ways to make law school a practical source of training (Note: there are good

arguments that legal education, especially at elite schools, should be about honing legal reasoning and

communicating skills, and general principles, rather than the nuts-and-bolts of everday practice.)    I’m

skeptical that a curricular review dominated by law school administrators and professors will come up

with proposals that might significantly reduce the demand for law schools and law professors.   Any

impetus for reducing the number of classroom semesters and switching to a series of apprentice-like clerking

and clinic options will probably have to come from the Bar itself. 





    • I wanted to suggest that thoughtful ideas for improving the training of new lawyers be directed to

      Dean Kagan’s office or the appropriate committee or project head.  However, the online HLS Directory

      lists, but gives no contact information for the Dean’s Office, merely linking back to the same Dean’s

      Welcome page that sends you to the Directory for Contact Information.  I could find no other HLS

      entity online related to the curriculum review.   When/if I get contact information, I shall let you know.



 

tiny check VC’s Orin Kerr spotlights the ACLU donor privacy scandal.  As the New York Times reported on Dec. 18:  sleuthSm 


“The American Civil Liberties Union is using sophisticated technology to collect a wide

variety of information about its members and donors in a fund-raising effort that has

ignited a bitter debate over its leaders’ commitment to privacy rights.”

The lawyers and management at ACLU — like lawyers and management in most law firms — apparently throw

away core values and duties, when the task is acquiring money.  Cf. Fees & the Lawyer-Fiduciary

 

red check smaller   When it comes to protecting our freedom from arbitrary arrest and detention, thank goodness for British and American courts.  See today’s NYT editorialA Message, from Britain to Washington.  Are you listening, Mr. President?                                                                                                                                                                  

December 18, 2004

on the same path

Filed under: pre-06-2006 — David Giacalone @ 2:23 pm

Walking the Same Path, the Haiku Society of America’s 2004 Members’ Anthology  “samePath”

arrived in yesterday’s mail, along with Christmas cards (and alumni donation appeals).

The book is a reminder that haikuing, like weblogging, has brought me a feeling of shared

community that is real and valued, despite not having met any of the people involved

face-to-face.  Neither the haijin, nor the webloggers, would be in my life if I had

not started a weblog. 

 

With its footprint on the cover, Walking the Same Path will always be special for me,

because it contains my very first published haiku (just one).  For others, it should be

special because it holds one haiku each by 206 members of HSA, from 39 US states, 11

nations, and four continents.  

 

SamePathBack  Here are three haiku from Honored Guests of f/k/a, which have not yet

appeared at this website:

 









the art museum

shimmers on the river

winter sunset

 

                     Barry George

                 from Haiku Harvest, Jan. 2003

 

flower illiterate

I wander the garden

wordless

 

                   David G. Lanoue

 

 









snowmelt

he changes into play clothes

after school

 

                    DeVar Dahl 

 




silently

she lures me to the kitchen

peeled tangerine

                                

                                   from Walking the Same Path

 

 






wind chill zero —

outside the high school

not one jacket zipped

 

                                   [Dec. 18, 2004]

one-breath pundit  



 

tiny check  In a very interesting post, Larry Lessig recounts his appearance last night (Dec. 17) on

the O’Reilly Factor, where the host “refined” the topic from “Is dissent disloyal?” to

“Can an American want the United States to lose the war in Iraq and still be patriotic?”  

Lessig received many hate-filled, threatening email messages after the show and wonders

what it all means.

 

 

tiny check Evan Schaeffer recounts his bitter “2 minutes of fame” as he attempted to set the record  boxer smf

straight, on Charlie Brennan’s Talk Radio Show yesterday afternoon, concerning tort reform,

hellholes and other kinds of holes.

 

 

tiny check Faith-Based Cheerleading:  Unless they’re cute and in short skirts, I have little use for cheerleaders.  Steve Bainbridge doesn’t exactly fit those criteria, so it is a bit annoying when he brags that the blogosphere beat the mainstream media to the cellphones-on airplanes-story — pointing to Ideoblog‘s Dec. 16th posting.    Even if he doesn’t count the coverage from tv station WAFF, posted on Dec. 9th, maybe Steve will concede that the New York Times article that went online a full week before Ideoblog’s coverage, and appearerd in the Dec. 10, 2004 edition, counts as MainStream Media. (By the way, Larry Ribstein’s Ideoblog piece links to a Dec. 15 Washington Post article)  Of course, when assertions are faith-based, facts never get in the way.

 

tiny check  There was surely a lot of weblog/internet cheeleading at the recent Berkman conference on “Votes, Bits and Bytes last weekend. The weblog of Berkman Center’s John Palfrey has a good list of post-conference links, as well as a pre-conference hypothesis about politics and the web. The Harvard Gazette‘s article How did internet affect election? (Dec. 16, 2004) describes the contribution of an assistant professor, who sounds like my kind of healthy skeptic:


“Sunshine Hillygus, assistant professor of government at Harvard, added that while grassroots mobilization deserved mention, the critical story of the election was Iraq.  Hillygus, appointed “academic curmudgeon” by moderator and HLS Professor Heather Gerkin, noted several disturbing effects of the Internet on the democratic process. It’s making it easier to avoid politics for those disinterested, she said; its proliferation of one-sided information is polarizing politics, and it has pressured traditional news media to produce faster, more scandal-driven, less researched news”.

 As usual, Christopher Lydon offers thoughtful insight: 


“What is to be done? The goal has to be to keep pushing the Internet effect toward the mainstream. By

“Internet effect,” I mean the expressive individuality and variety, the adventure and sheer pleasure we all

feel in this space. I mean: the Emersonian self-reliance, the little bit of courage that “stand-alone journalism” requires, the richness of voices on the Web, and the Web standard of “authenticity” that trumps “credentials” and institutional attachments. As the authority and the economic base of institutional journalism keep eroding, we gain by persisting and believing in what we’re doing.”

tiny check A Little Nanny Good News:  A Financial Times editorial points out “we can at least celebrate progress in one regard. Previously only women lost office over nannies. Now men do too. Messrs Blunkett and Kerik may take comfort in knowing their loss advances the cause of gender equality.”

 

stainHolly  In his NYT op/ed piece The Chestnuts of Christmas, Charles Passy. tells why “we’ve lost something special: the holiday song as a national statement of faith and hope for our time.”  He’d like to see good holiday songs that speak to today’s America.   I wonder what George Fool in the Forest Wallace thinks. 

December 17, 2004

a scoldy but a goody

Filed under: pre-06-2006 — David Giacalone @ 12:51 pm

Common Scold Monica Bay passes on some good advice (from Larry Bodine):


Do Not Call List:  register your cell phone number on the national

Do Not Call list so that your precious billing minutes don’t get sucked

up by telemarketer calls. It’s truly painless, and takes about 30 seconds

to do (I just did it) — call 1-888-382-1222

afterthought (3 PM): Kevin J. Heller writes to remind us that the rumor about

cellphone numbers being given to telemarketers is false.









mountain pheasant
are you calling the wife?
scolding her?

 


scolding the cricket
in my sleep…
thatched hut

 

 

ISSA, translated by David G. Lanoue  

katydid

 


lips and tongues —
annual Holiday 
papercuts


                     [dagosan, 12-20-03, rev’d Dec. 17, 2004]

 

p.s.  Check out the Inadvertent Searchee (TISK!) page for our newest entries. 

You’ll discover the amazing Google and Yahoo search rankings of this humble

weblog on queries ranging from

unethical facts of tea> to

 

our gentle nature, we came in #2 and #3 of over 3 million results in a Google

search for



  • Speaking about Boldy but Goody, that tenuous fellow down the road at  ooh neg

    RiskProf has finally stopped poaching on the f/k/a monicker –but only

    after doing some uncovered damage to a few of our Google Rankings.

can’t go cold turkey

Filed under: pre-06-2006 — David Giacalone @ 10:51 am

. . . from Hotham’s haiku.*  Here’s another pair from haijin Gary Hotham:


 

 

 

waiting up–

one hand warms

the other








pelicans gray

 

 

 

their last sound

before we move on–

the geese outdistance us

 

 



(Canon Press, 1999)

 

 

* Ed. Note: I sure hope my puns are not accruing a Comic Karmic Debt.

They might just get me kicked out of the Haiku Society.

 

 




3 am nature call–

the loud drip

of icicles

                                   [Dec. 17, 2004]

one-breath pundit  


As they have done in several other states, the FTC and the Antitrust Division of DOJ submitted a joint 

advocacy letter yesterday urging the Mass. Bar Ass’n “to narrow substantially or reject a proposal by

the Massachusetts Supreme Judicial Court that would unnecessarily reduce or eliminate competition

between nonlawyers and lawyers to provide many services [by broadening the definition of ‘the practice

of law’]. The FTC and the Department said that the proposal likely would lead to higher prices and a reduction

in competitive choices for consumers.”  (FTC Press Release) (AP/Boston Herald article “Justice Department

denounces effort to limit legal competition,” Dec. 16, 2004)  ethicalEsq treated this topic often, and a summary

can be found here.

 

  Michael Cernovich at Crime & Federalism seems to be having a hormone overload, as he ‘roid  at bat neg

rages against the ban on anabolic androgenic steroids in baseball and elsewhere.  Your Editor supplied a Comment

to offer a little balance.

 

  Orin Kerr, over at VC, wonders whether federalism and tort reform and whether conservative tort reformers 

are being inconsistent.  He’s enabled comments, so let Orin know.  I continue to believe that federalism is

invoked by all sorts of folks when it suits their political needs and ignored otherwise.

 

  Congratulation to my old colleague-friend John H. Seesel, who was appointed to the new Federal Trade

Commission position of Energy Counsel.  He will play a key role in reviewing and making recommendations

on the Commission’s energy-related work, including investigations and cases, legislative initiatives, advocacy

comments, and studies and reports.

 

  Having had homicidal (and suicidal) ideation while in bank and supermarket lines next to cellphone-yakkers,

I can only empathize with the dread felt by Prof. B. (“the horror”) and Larry Ribstein (“let the nightmare begin”)

about being stuck between such folks on airplanes.  I would not want to let the marketplace work this one out —

although many passengers would opt for airlines banning the use while in flight, too often, passengers do not

have a choice of airlines for a particular trip.  How about having phoning and non-phoning sections?  Naw, ban ’em!

December 16, 2004

our lackluster trustbuster pr

Filed under: pre-06-2006 — David Giacalone @ 9:10 pm


May I use a few pixels for a pet peeve?  It’s time for the Antitrust Division of the         quill pen neg

U.S. Department of Justice to polish up its Antitrust Enforcement and the Consumer

“brochure,” which was last revised when Joel Klein was still the Assistant AG, and

which weighs in at about five black on white, word-processor-produced pages of text. 

It looks exactly the same in pdf. form as in html — which is to say, boring.

 

This request for an updated Consumer-Antitrust brochure is inspired by the brand new,

multi-color, image-filled and professionally-designed European Union e-brochure

entitled EU competition Policy and the Consumer — 30 lively and informative pages

that might actually motivate the consumer-citizen to become interested in antitrust

and competition policy (a goal much supported by your Editor).

 

The EU competition guide “explains how the European Commission, together with

national competition authorities, aims to ensure that there is free and fair competition

in the European Union.”  It explains how they:


• take action against business practices which restrict competition;

• examine mergers to see if they reduce competition;

• open up competition in areas previously controlled by State-run monopolies;

• vet financial support given to companies by EU national governments;

• cooperate with other competition authorities around the world.

So, come on, R. Hewitt Pate (Asst. U.S. AG for Antitrust), where’s your spirit of innovation

and rivalry?  If you’re not moved by the better product offered to European consumers, 

check out the Federal Trade Commission’s slightly snazzier and much more informative,

plain-English guide called Promoting Competition, Protecting Consumers.” 


gas pump g  For example, the FAQ page in the FTC Guide gives several examples of

situations many Americans complain about — e.g., gasoline prices, drug-makers

with no generic competition, local cable monopoly — and explains why they

may or may not violate the antitrust laws.

Maybe a visitor to the f/k/a who is graphically talented could offer to assist the Assistant

Attorney General for Antitrust in producing some better public relations materials. The

American public needs to know how competition is protected by antitrust laws and

how smart competition policy can help bring consumers and businesses the benefits of

an innovative, customer-oriented marketplace, while ensuring that Government action

interfere as little as possible with marketplace dynamics.



  • Right now, you can also find annotated links to resources on Antitrust and Consumers,

    and Primers, in the Guide to Antitrust Resources on the Web, at the American Antitrust

    Institute website.

 


as far as the light goes

my daughter goes

after the firefly

 

                 Gary Hotham from breathmarks:

 


 

intro to Gary Hotham (haikuEsq almost gushes)

Filed under: pre-06-2006 — David Giacalone @ 1:40 pm

Imagine William Shakespeare penning a sonnet for George at A Fool in the Forest,

or Willie Gary serving as guest-blogger for Evan’s Underground.  That feeling is

almost as good as my being able to introduce Gary Hotham as the newest Honored

Guest here at f/k/a

 

I can only say that Gary’s volume breathmarks: haiku to read in the dark     breathmarksH  

is my favorite single-poet book of haiku, and I have used it often to introduce the people

dearest to me to the genre.   Here’s what Dr. Lee Gurga, past president, Haiku Society of

America, says about breathmarks:


“What we have all been waiting for a selection of the finest poems by a

true master of American haiku. Gary allows us to see, hear, and touch

the world around us as if for the first time. These poems are true classics

of American haiku.”                                  

If you’re interested in Gary’s philosophy of haiku, please see his Why Haiku?

But, first, do what I’d rather do — enjoy some of his haiku:

 

 

fog

sitting here

without the mountains

 







I lean
into the soup’s steam…
snow flurries

 

 





distant thunder–

the dog’s toenails click

against the linoleum

 


(Canon Press, 1999)


 




  • by dagosan  [sure, make me follow Gary Hotham!]



her migraine

lingers –

nine (shopping) days ’til Christmas

                                                        [Dec. 16, 2004]

 






  • I’m happy to see that preachers, priests and rabbi are learning to laugh at
    themselves, even if some lawyers refuse to laugh at lawyer jokes.   




  • — “stories that warned us of exaggerated or mythical risks, often based on brief,

    hyperbolized or misinterpreted medical research.”




  • In case you missed them, there have been several updates on the Lani Guinier

    story — Letters by her and Corrections by newspapers.  See here.

good doggy: pit bull good for business

Filed under: pre-06-2006 — David Giacalone @ 12:52 am

The New Times, of Broward-Palm Beach, Fla., has a feature story on the success of the 800-PIT-BULL 

campaign by the Fort Lauderdale law firm of Pape & Chandler — fueled by the Florida Bar’s publicity-

generating attempt to ban the ads and logo. (The Newtimes, “Don’t Hide the G-r-r-r,” Dec. 16, 2004)


 

New Times reports:


dog neg   Not only has the bar association’s suit been knocked down but business is booming

at Pape & Chandler. The firm’s senior partners, J.P. Pape and Marc Chandler, University

 of Miami School of Law graduates, are a pair of Harley-riding free spirits with, as Chandler

puts it, an up-close understanding of “the dynamics of a motorcycle accident.” They’ve

been deluged with calls from all over the country seeking their services, all courtesy of the

publicity generated by Sperando’s complaint. “We even had a call from a law student in

Montana who said she had written a paper about us,” Chandler says. “She said we were

her heroes.”

After noting that the complaint against Pape & Chandler was made to the Bar by Marie Sperando, a partner

in the Willie Gary Law Firm, the reporter checks out Gary’s garish website  and opines: Nothing unethical there,

… but it veers awfully close to ‘voracious’ and ‘greedy’.”

 

                                                                                                                                         

                                                                                                                                      in full color here   p&c

 

 




high tide line

two dogs sniff

the same bitch

 

            Carolyn Hall from Frogpond XXVII: 1 

 

 

 

snow falling–
a dog passes through
the great temple gate


      

                           ISSA, translated by David G. Lanoue     

December 15, 2004

malo or bono?

Filed under: pre-06-2006 — David Giacalone @ 9:51 am

It doesn’t matter if you’ve been naughty or nice since your last visit to f/k/a, you

deserve an encore from Carolyn Hall (and I need one):

 

Here are three haiku selected as winners in 2003 by the Haiku Society of Americabig event neg

 

 

cremated
in her favorite kimono—
small green plums

 





                  spring rain the cat’s pink nipples



 

 

getting acquainted

I learn another name

for wild radish

    



 

Carolyn Hall from Frogpond XXVII: 1 


credits: “cremated” – 2003 Henderson Haiku Competition, 3rd Place

“spring rain” – 2003 Henderson Haiku Competition, Hon. Mention

“getting acquainted” – 2003 Brady Senryu Competition, Hon. Mention

 





fogged window –

too cold

meets too hot

                                   [Dec. 15, 2004]

 

one-breath pundit  (Prof. Yabut sittin’ in)




  •  Lawyer Sanctioned for Word Processing Abuses: A Florida appellate court sanctioned a lawyer last week for
    a pattern of non-compliance with formatting requirements — all of which crammed more words into his briefs.

    The court ordered that $500 “shall be paid by counsel and may not be charged by counsel to his clients.” 

    Weeki Wachee Springs, LLC v. Southwest Florida Water Management District, ___ So.2d ___ (Fla. 5th DCA,

    No. 5D04-2808, 12/10/2004).  (via sunEthics)






  • On December 13, 2004 — the Massachusetts Association of Court Appointed Attorneys made

    a formal submission to the Legislative Commission studying the court-appointed situation in

    Massachusetts.  You can access the comprehensive report, including a summary and bibliograhy, 

    here.  We’ve been reporting on their not-always-kosher struggle for higher fees.





  • A public confession yesterday from Prof. Bainbridge — It was us Catholics who made the difference

    for Geo. W. Bush.  Since Steve was voting in California, where it didn’t have consequences, it’s just a venial sin, methinks.




  • Speaking of Nannies: I’ve been enjoying the dark comedy The Good Nanny : A Novel by Benjamin

    Cheever.    “The perfect nanny exposes the shortcomings of her not-so-perfect employers.” 






  •  snow pile Pro Bono Barristro: Once again turning necessity into solo virtue, Carolyn Elefant at MyShingle

    appears to want written-off accounts receivable to count as pro bono work by small firms.  

should we disbar nanny-scofflaws?

Filed under: pre-06-2006 — David Giacalone @ 7:42 am

Last night, Ted Koppell on Nightline focused on “the reasons so many are willing to hire illegal employees.”

One guest kept “explaining” that the law is not enforced because it is “a weak law.” I kept thinking: It’s not enforced because too many government lawyers have illegal domestic workers or have friends who do.

This morning, the Baltimore Sun continues that theme (“Parents often turn a blind eye, hiring nannies illegally in U.S,” by Ellen Gamerman, Dec. 15, 2004; free reg. req’d), saying:

The issue of illegal nannies only seems to come up around Senate confirmation time. But in fact, illegal nannies are commonplace in cities where affluent two-career couples are raising children. Around Washington, people are especially aware of the political risks of employing an undocumented domestic worker, but that often doesn’t stop them from hiring them.

“I was just at a party, and we were talking about the Kerik thing and two of our friends immediately volunteered, ‘We’re never going to go for a Cabinet position,'” says Jonathan Turley, a George Washington University law professor, referring to the new D.C. code language used by those employing illegal domestic help. “You have very conservative, law-and-order parents who do not hesitate to violate federal law.”

… ” The blurring of the law can present opportunity for illegal workers but also expose them to poor pay, physical mistreatment and few protections. Still, while hiring an undocumented nanny is illegal, not everyone considers it a real crime.”

jailbird neg [see Dec. 16, 2004, update below] Despite the Washington Post’s Correction” yesterday, stating that Lani Guinier “had no such [domestic worker] problem,” the Sun notes that Law Professor Guinier “was Clinton’s pick to direct the Justice Department’s civil rights division, and though Clinton cited her legal writings on race for ditching her nomination, she too failed to pay taxes on a domestic worker.” (See our prior post.)

  • update (Dec. 15, 3 PM) Newsday.com has issued a Correction, based on a release from a Harvard Law School spokesman concerning Prof. Guinier. In part, the Correction says “A spokesman for her at Harvard Law School said there was no such problem, and the White House never indicated that there was.” A similar NYT Correction is available here.
  • update (Dec. 16, 2004): The Philadephia Inquirer issued this erratum on Guinier today: “In some editions of Sunday’s Inquirer, the Associated Press erroneously included Lani Guinier on a list of high-level White House nominees who had run into problems involving hired help. Guinier’s problems stemmed

    from her writings on racial issues.”

  • update (Dec. 16, 2004, 10 AM): Commentor “Barb” has provided us with the text of a letter from Prof. Lani Guinier to the Baltimore Sun requesting a Correction, although that Letter was not online at the Sun‘s website as of 10 AM, the Baltimore Sun article (free reg. req’d) described above has been edited to remove Lani Guinier’s name from the list of nominees with domestic worker problems. The text of Prof. Guinier letter can also be found at our prior post.
    A few days ago, your Editor opined that intentionally hiring an illegal domestic worker and/or failing to pay Social Security taxes for the employee should be grounds for disbarment — as misconduct under Model Rule 8.4. What do you think?

cold winter sky–
where will this wandering beggar
grow old?

………….. ISSA, translated by David G. Lanoue

December 14, 2004

guinier: getting the story (and the correction) right

Filed under: pre-06-2006 — David Giacalone @ 3:40 pm

As we noted in an update to our earlier post, today, the Washington Post issued this Correction concerning Harvard Law Professor Lani Guinier:

“A Dec. 12 article incorrectly said that Lani Guinier’s nomination to head the Justice Department’s civil rights division under President Bill Clinton was withdrawn because of a “nanny problem.”

There was no such problem, and the Clinton White House withdrew the nomination because of controversy over Guinier’s legal writings.” [via E. Volokh]

In the wake of the withdrawal of the Kerik nomination, many newspapers ran articles noting that other nominees have had “nanny problems.” The articles taken directly from a December 11 Associated Press story correctly stated that Guinier’s nomination was withdrawn due to controversy over her supposed position on civil rights issues, and then mention a nanny problem

“A look at three individuals [Zoe Baird, Kimba Woods, Lani Guinier] who withdrew their names as nominees by President Clinton for Cabinet and other high-level posts because of similar political obstacles:

“Lani Guinier: A Clinton classmate at Yale University Law School, she was Clinton’s choice to head the Justice Department’s civil rights division. Clinton cited her legal writings on racial issues for dropping the nomination. She also had not paid taxes for a domestic worker.” (emphasis added)

However, other articles, such as one from CBSNews, NewsweekUK and the Washington Post, stated that it was unpaid taxes for a domestic worker that caused Pres. Clinton to withdraw the nomination.

journalist Yesterday evening, we pointed out that we did not know the facts yet. However, the following cryptic statement in Lani Guinier’s book Lift Every Voice, at page 36, describing the very first press conference after her nomination was announced, suggests that there might have been some kind of unpaid employee tax issue — or, at least, that reporters were broaching the issue with the new nominees:

” the weight of my description of how prior administrations had tolerated actual examples of intentional discrimination was more than the reporters wanted to hear that day. Afterwards, my fellow nominees thanked me for what they took as a filibuster. From their perspective, I had successfully distracted the press, whose interest in nonpayment of Social Security taxes could not regain momentum” (emphasis added)

Your Editor then expressed a hope that Professor Guinier might set the record straight. Well, she did write the following letter to the editor, which appeared in today’s Washington Post:

Still Getting My Story Wrong (Tuesday, December 14, 2004; Page A26 )

I have been committed since 1993 to correcting the public’s confusion about my ideas. It continues to be an uphill battle, made more difficult by inaccurate media reports. The Clinton White House withdrew my nomination in 1993 to be assistant attorney general for civil rights in response to controversy about my academic writings on democracy. The controversy was fueled by a media firestorm that reported many of my ideas — and me — out of context.

I was disheartened to read that some Post reporters are now writing a revisionist history that lets the media off the hook in 1993 and instead asserts inaccurately that my nomination was withdrawn because of concerns about domestic help [“White House Puts Blame on Kerik; Nominee Initially Denied Having Hired an Illegal Immigrant, Officials Say,” front page, Dec. 12].

LANI GUINIER

I’m glad that Prof. Guinier corrected the Post’s misstatement concerning the cause of her dismissal. However, I’m disappointed that she did not choose to deny or confirm whether there had been unpaid Social Security taxes. Her letter alone does not seem to support the Post’s Correction assertion that “there was no such problem” — unless the Post is distinguishing between a “nanny” problem and a “domestic worker” problem.

Getting the facts right is very important, as is giving a correct overall impression in a story. Wordsmiths from the Washington Post and the Harvard Law School faculty are certainly able to do both, if they want to. Do they? Will they? [see updates below for statements by Prof. Guinier and other Correction statements]

  • update (Dec. 15, 2004): The Balimore Sun reports today that “Since 1993, the nanny problem has surfaced repeatedly in top administration jobs. … Lani Guinier was Clinton’s pick to direct the Justice Department’s civil rights division, and though Clinton cited her legal writings on race for ditching her nomination, she too failed to pay taxes on a domestic worker.” (“Parents often turn a blind eye, hiring nannies illegally in U.S,” by Ellen Gamerman, Dec. 15, 2004; free reg. req’d)
  • update (Dec. 15, 2004): Newsday issued the following Correction this afternoon:
    Correction: Presidents-Nanny-Problems Story By The Associated Press


    December 15, 2004, 1:42 PM EST
    In a Dec. 10 brief and story about Bernard Kerik’s withdrawal as homeland security secretary-designate, The Associated Press reported erroneously that Lani Guinier, who was President Clinton’s choice to head the Justice Department’s civil rights division in 1993, had not paid taxes for a domestic worker. A spokesman for her at Harvard Law School said there was no such problem, and the White House never indicated that there was. Clinton said he withdrew her nomination because of her legal writings on racial issues. The same incorrect reference to Guinier and unpaid taxes on a domestic worker was in a 1995 AP item about Clinton choices who had problems in the confirmation process.

  • update (Dec. 16, 2004): The Philadephia Inquirer issued this erratum on Guinier today: “In some editions of Sunday’s Inquirer, the Associated Press erroneously included Lani Guinier on a list of high-level White House nominees who had run into problems involving hired help. Guinier’s problems stemmed from her writings on racial issues.”

  • update: Commentor “Barb” has provided us with the text of a letter from Prof. Lani Guinier to the Baltimore Sun requesting a Correction, although that Letter was not online at the Sun‘s website as of 10 AM, the Baltimore Sun article (free reg. req’d) described above has been edited to remove Lani Guinier’s name from the list of nominees with domestic worker problems. (Dec. 16, 2004, 10 AM): Here is the text of Prof. Guinier’s Letter:

To whom it may Concern:

In 1993 my nomination to head the Civil Rights Division of the Department of Justice was nixed, abetted by a media spin cycle that distorted my views of democracy. Now I find your staff reporters erroneously catapulting me into the pantheon of nominees who lost out because they did not pay taxes for a domestic worker.[December 15, 2004 Wednesday, Pg. 1E, “Parents often turn a blind eye, hiring nannies illegally in U.S.; Nominees aren’t the only ones ignoring immigration status,” Ellen Gamerman, SUN STAFF, WASHINGTON.]

To set the record straight, there was never an issue during my nomination imbroglio about nonpayment of taxes for a domestic worker. President Clinton withdrew my nomination because of a controversy about my academic writings about democracy. The controversy was fueled by a media firestorm that reported my views inaccurately and out of context. To my dismay, I have somehow been swept up in another media controversy challenging my integrity in defiance of the facts. Other media outlets have since issued corrections. I trust The Baltimore Sun will do the same.

Those who are interested in the facts, including the ideas about democracy that were the sole source of my “dis-appointment” in 1993, might want to read two books I authored explaining those events: The Tyranny of the Majority (Free Press: 1994) and Lift Every Voice: Turning a Civil Rights Setback into a New Vision of Social Justice (Simon and Schuster: 1998).

Lani Guinier Professor of Law Harvard Cambridge, MA 02138

frosty night–
ringing a bell for the lost child
’round a corner

………………….. by ISSA, translated by David G. Lanoue

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