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

November 7, 2004

oh, that Shakespeare, he just slays me!

Filed under: pre-06-2006 — David Giacalone @ 8:59 pm
Thanks to a Google search listed on our Referer page, I discovered three new-to-me items relating to Shakespeare and the “Kill All the Lawyers” quote.  A thoughtful “middle” position on just what Shakespeare meant is offered by Kory Swanson, Vice President of the John Locke Foundation, and is discussed in Let’s Kill All the Lawyers” and Other Insights from the Bard: Shakespeare’s multi-layered commentary on the law, by Teresa Nichols (Carolina Journal Online, July 31, 2003).  According to Nichols, Swanson concludes that “Shakespeare truly intended the phrase to be a portrayal of corrupt lawyers and the laws they pervert as the true enemies to sound government, justice, and freedom.”  (your Editor’s take on Shakespeare and Lawyers can be found here)
On the less-thoughtful other hand, I finally read “In Defense of Shakespeare: An Open Letter to All Lawyers Who Think Shakespeare Said “Let’s Kill All the Lawyers.” by John Mayer (“a management consultant in the legal environment”).  Here are the opening and closing sentences of the article from the Michigan Bar Journal (Feb. 2002) :
It was dismaying to hear a participant in a panel discussion at last year’s State Bar Annual Meeting refer to enduring popular disaffection with our profession by saying: ‘‘Shakespeare said, ‘Let’s kill all the lawyers.’’’ These words should never pass the lips of any lawyer, much less an advocate of national repute.
. . .
But Shakespeare did not say: ‘‘Let’s kill all the lawyers.’’ Dick the Butcher said it. And anyone who says Shakespeare said it does the legal profession harm. And anyone knowing it to be false who says Shakespeare said it does the legal profession intentional harm.
theater king sm Oh, my!  I sure hope Mayer hasn’t been forced to watch the 1992 movie “Let’s Kill All the Lawyers,” written and directed by Ron Senkowski.  The movie got a pretty good review in the Anchorage Press, by Ed Carroll, July 23-29, 1998 / Vol. 7, Ed. 29.  Carroll says that three very disparate groups will be pleased by the film, and asserts: “Every lawyer should see this movie. Every down-and-out conspiracy freak who believes a lawyer ruined their lives should see this movie. Above all, fans of small independent film should see Let’s Kill All the Lawyers.” He adds:

“Senkowski himself was a law student, working in a law firm, before the stifling quest for money turned his idealism toward filmmaking. The movie has an insider’s sensibility.

“The satire works entirely on the surface for lawyer-bashers, who will see their own “lawyer-equals-subhuman-pond-scum” fantasies played out before them in a weasly, criminally unscrupulous and funny romp. For those who choose to forget that the unfettered practice of law is essential to any worthwhile democracy, the unrepentant lawyers created here will sustain their destructive anger for weeks. But, as that Saturday morning cartoon used to warn, if you’re not careful, you might learn something.  . . .

“The plot, in a nutshell, sees the protagonist law student freak out, drop out, and create a mythical, beautiful avenging angel who will either convert the bad lawyers to nice, well-adjusted lawyers, or torture them to a fitting end.”

I couldn’t find the film at Amazon.com, but it sounds like fun.  Indeed, Carroll says it is “an opportunity for lawyers to laugh at themselves with a portrayal that flies far above the epidemic of dipshit lawyer jokes. ”  As we noted yesterday, that laughter will upset DC Bar President John C. Keeney, Jr., but I won’t be reporting you to Bar Counsel.

  • Trivia: IMBD says the Senkowski movie “was the first film to use the now common Avid digital editing system.”
  • By the way, according to Entertainment Law Digest, a lawsuit was filed when the producer of a movie called Let’s Kill All the Lawyers failed to have the film ready as promised in Spring 1997 — Barrister Films, Ltd. v. Making A Killing Limited Partnership (US SD New York 99 Civ.3802) (ELD, May 1999, Volume 3, Issue: 11).  I bet the producer got himself a lawyer.
on theater day
the wife goes out…
spring rain

masks neg

a better schtick

Filed under: pre-06-2006 — David Giacalone @ 12:01 pm










in the park
my dog fetches
a better stick

 

 

                           dog2

 

brushing her horse

the young girl’s hair

back and forth

 










pet store
nose prints
both sides

 

 

 


credits – “pet store” – frogpond  XXIII:2 (2000)

“in the park” – Modern Haiku  XXXI:3 (2000)

“brushing her horse” – black bough 15

 

 

 

 



by dagosan:





not yet sunset –

mottled clouds

blush at my stare 

                                [Nov 7, 2004] 

                        

one-breath pundit  














    • Despite Prof. B’s suggestion, you don’t have to be a Bush supporter to agree with John Podhoretz’s assessment:  “the Democrats lost the election ignominiously in part because of the self-destructive hate and venom they spat at the president, which caused Democratic voters to flee in droves.”  (New York Post, Nov. 4, 2004)  Hate and venom doesn’t help convince independents, moderates, or people of good will (and it can even turn off your allies).   They should not be the public face of a great Party with great principles and values — nor the primary argument of thoughtful adults hoping to unseat a President.






    • All who care about the fairness of presidential elections should applaud today’s New York Times editorial (Nov. 7, 2004) which recommends many necessary, uniform, federal electoral reforms,  And, they shouldn’t take 4 years to achieve.





    • paint can flip Craig Williams and Walter Olson are both spotlighting the Spray On Siding controversy this weekend. The Sprayed-On Review was launched to publicize problems of homeowner-customers with the work of Alvis Spray On Siding.   Alvis has sued to stop the Review website, invoking trademark protection. (see complaint against the website here).  Craig hopes we’ll get “some good guidelines about what can and can’t be said”  on such website.   We do, too; more precisely, we hope to see guidelines that are so clear that: (1) nonlawyer customers will be able to easily follow them on sites that criticize a product or service, and (2) a “reviewed” company’s lawyers will face frivolousness sanctions if they attack such sites with meritless trademark suits.












                                                                     crayon box 

November 6, 2004

more together than apart

Filed under: pre-06-2006 — David Giacalone @ 10:55 am

This first weekend after a “highly divisive” Election, let’s look for the small blessings

that are all around us, and remember that many more values and goals unite Americans

than divide us.  (Our means may differ, for example, but who doesn’t believe that protecting

lives and families is a core value?)  Mediators know that people of good will can — eventually

— forge common solutions from common goals.

 

DeVar Dahl finds his inspiration close to home:










                            breadwine










homemade bread

a pound of butter

softens by the stove

 

the narrow place

between my neck and my collar

November wind

 







autumn sunet

the ripe rose hip

begins to pucker

  from A Piece of Egg Shell, an anthologyof by Calgary-Canada-based haiku poets                                            

(Magpie Haiku Poets, 2004, email cover art by Ken Richardson 

credits: “homemade bread” — WHC World Haiku Review  3-2;

            “the narrow place” – Snapshot Press Haiku Calendar 2003

 

 

 










progress – 

leftside backache

moves to the right

                                       [Nov. 6, 2004]



 

one-breath pundit  






  • anthonysj  New York state has declared February 15th to be an annual day of commemoration for Susan B. Anthony, the women’s rights pioneer who fought for the right to vote.  An abolitionist, Anthony was also instrumental in securing property and employment rights for women. (pressconnects.com/AP)  Anthony’s struggles show that it may take a very long time, but the U.S.A. usually corrects its civil rights inequities.  (go here for a discussion of the importance of the women’s vote in 2004)




  • Michal Moore offers “17 Reasons Not to Slit Your Wrists,” including “most importantly, over 55 million Americans voted for the candidate dubbed ‘The #1 Liberal in the Senate.'”





  • Jim Moore offers the “Five most important things the Democrats did wrong,” including a failure to present a coherent philosophy and authentic values, and to trust the American people by telling them the truth.   (Naturally, we have opined on what Dems did wrong and need to do.)






  • Quoting Jason Kottke, who reminds Democrats that they have no special wisdom and that “we’re all stupid,” Ernie Svenson thinks America’s problem is that it treats politics “like a team sport.”  I think that analogy is a little bit off:  it is perfectly possible to engage in a team sport and still treat the opponent with respect, even though contests are hard fought and rivalries deep.  The teams know they’ll meet again, this season or next, and need to understand the opponent’s stengths, weaknesses and game plan, and respect the rules of the game.  The problem is not that Americans engage in politics as if they are on teams  — being on a team that shares your view of the world is not necessarily a bad thing.  The problem is playing politics like a blood sport, where the other side is seen as less-than-human and available to use as prey.







  • Ya know, something is very wrong with (1) the copyright law community or (2) Google algorithms, when f/k/a is the #1 result for the query fair use parody 17 usc 107 transformative value>, based on one piece posted here on “haiku and fair use.” On the other hand, it’s kinda cool that we came in 2nd, behind a preschool webpage, for the topic “seat belt poems.”  (our post here)



















 

minivan   Fed84 thinks a prescription-addicted mom should be able to keep the minvan she used for pharmacy pickups and to drive her kids to school.  We, and the 8th Circuit, concur.  United States v. Dodge Caravan, No. 03-1925 (8th Cir., Oct. 27, 2004) (Melloy, for Smith, J.J., Collotan, J. dissenting).

November 5, 2004

the exit polling cartel is laughable (but dangerous)

Filed under: pre-06-2006 — David Giacalone @ 8:35 pm

one-breath punditry:
— It looks like the American Antitrust Institute called this election correctly:  joint exit                     ekg ekg f
polling has led once again to massive errors.  The consequences surely could have been
mitigated were there competing sources of exit poll results.  [Dick Morris and Howard Klein,
(through Bainbridge), see conspiracies; “Republicans complain exit polls were erroneous”,
Wash.Times, Nov. 4, 2004]  Warren Mitofsky’s expanations tonight on the PBS News Hour
seem lame.   Will the DOJ Antitrust Division finally investigate? (our prior post  is here; and
don’t cry, insects!
we’re all headed
for the same exit

update (Nov. 9, 2004): Larry Lessig says free the exit poll data: “

“The Exit Polls have done enough damage to this election. My bet is that it was incompetence at Edison/Mitofsky. But those firms owe it to this Nation to release their data totally, so that a wide range of competent statisticians can evaluate whether and where the problem was.

“And more importantly for the blog space: If blogs are going to be something more than the CB radios of journalism, we need an ethic to treat this sort of question ethically. “

tiny check I have often agreed with D.C. Bar President John C. Keeney, Jr., on ways to make
the legal profession more responsible.  However, I can only scoff at his latest suggestion on
how to change “the public’s bad image of lawyers,” which can only backfire:
laughing man small “[T]reat our profession (but never ourselves) more seriously, and join me
in refusing to laugh at lawyer jokes.”  [emphasis added; our perspective here]
tiny check On the other hand, I wish cranky Letter Writer Dennis B. Wilson would prescribe constructive
ways to alleviate the tyranny of billable-hours quotas, rather than suggesting that John Keeney can’t
authoritatively promote more pro bono because he didn’t undergo enough “tangible sacrifices” while making
partner. (letters, Washington Lawyer, Nov. 2004)
tiny check TaxLawProf seems to be mistaking server hits with “visitors”  (as we discuss here, and there, where
we confess “When this weblog has a 1000 page-hit day, I literally have no idea whether the number represents
20 actual human beings looking in or 200, but I know that it is unlikely to be more than 200.”).   Before concluding
that the 7-month old weblog has “crossed the 200,000 visitor mark,” we suggest an audit.

a splash of spiced sake
for his wrinkled face…
laughter

crawl and laugh–
from this morning on
a two year old!

all haiku by Issa, translated by D.G.Lanoue

prime numbers and Cafeteria Conservatives

Filed under: pre-06-2006 — David Giacalone @ 1:04 pm

“tree B&W small”   It’s been way too long since f/k/a featured Pamela Miller Ness.  

The latest issue of frogpond leapt into my mailbox this week, and contains three of

Pamela’s poems, which I am pleased to share with you:

 

 

birthday morning

he tells me that 53

is a prime number

 

 








winter night

a stranger in the laundromat

asks my name

 

 

 

 


decision time

tiny ripples

in the river

  

      a blue eggshell

      quivering


          [linked verse written with Michael Dylan Welch]


 

froglegs  by Pamela Miller Ness, from frogpond XXVII:3 (Fall 2004)


credit: “winter night” –  haiku spirit 20

 

 














first November winds —

tear ducts leaking

again this year

 

                    [Nov. 5, 2004]

 

one-breath pundit  












    • Cafeteria Conservatives?  Annoyed by David Bernstein’s position that true libertarians

      would not embrace “traditional values” politics, Prof. Bainbridge notes that “I sometimes

      describe myself has having libertarian leanings, but at bottom I’m really more of mix of

      Catholic neoconservative and social conservative“.  Forgive me for asking whether Steve

      is like many other Cafeteria Conservatives and Buffet Libertarians — calling upon whatever

      creed will get them the laws they want, while precluding those they dislike.





    • Walter Olson is decrying the lack of high-tech communications options on American cars,

      blaming the lawyers and liability risks.  (NYC article) As, I suggested in the post Car XPC, more

      driver distractions — CarXPC being a full-blown dashboard Windows computer — is the last thing

      we need on America’s roads.  Maybe having trial lawyers ain’t such a bad thing.

Will Rogers Part II: In the Risk Pool with the RiskProf

Filed under: pre-06-2006 — David Giacalone @ 9:58 am

Under the banner of his renamed weblog, RiskProf Martin Grace mused yesterday that Will Rogers “probably never said anything funny about insurance or risk management as he knew that someone like me would come along.”  (see our first Rogers posting) That spurred me to ascertain whether America’s beloved comboy-humorist had ever aimed his lasso at the sometimes unpopular insurance industry.
dice Although leaving me exhausted, my non-exhaustive research came up with only one insurance-related quip from Rogers:

“The man who dies without adequate life insurance should have to come back and see the mess he’s created.”

The source for that quote is a Life Insurance quotation service, so I’m not vouching for its pedigree.  It seems a little strange that Will didn’t have something a little more Rogerian to say about insurers or their sales force.  The consumer advocate within me notes, however, that I located the following business in Oklahoma: the Will Rogers Insurance Agency. Hmmm. Conflict of interest?
I also discovered an article written by one Linda Williams, RN, “a long-term care risk manager with The GuideOne Center for Risk Management,” West Des Moines, Iowa.  In the article, Let Will Rogers be your guide, Ms. Williams writes:
“Never before has the [long-term care] industry received so much bad press over the problems of so few facilities. If the great journalist-philosopher Will Rogers * were alive today, I’m sure he could offer a few bits of wisdom to help this hurting industry cope with its problems. Let’s see how 10 of his famous quotes might apply to liability (and headline) avoidance.
crystal ball sm You can click through to see her explanation of the quotes, but here are a few that suggest Rogers knew how to avoid a risk or two:

2. “Always drink upstream from the herd.”

3. “Lettin’ the cat outta the bag is a whole lot easier ‘n puttin’ it back in.”

5. “It doesn’t take a genius to spot a goat in a flock of sheep.”

8. “Even if you’re on the right track, you’ll get run over if you just sit there.”

9. “Good judgment comes from experience, and a lot of that comes from bad judgment.”

10. “If you’re ridin’ ahead of the herd, take a look back every now and then to make sure it’s still there.”

A bunch of these quotes can also be found in the Cowboy Code of Ethics.  (It’s off topic, but I also discovered the UFO Abduction Insurance webpage, which you might want to explore for a chuckle.)
This second visit to Will Rogers brought me to the Quotes Exchange, where I found the following Rogers quotations, which made me smile:
– If stupidity got us into this mess, then why can’t it get us out?


– The American people are very generous people and will forgive almost any weakness, with the possible exception of stupidity.


– The minute that you read something that you can’t understand, you can almost be sure it was drawn up by a lawyer.
will rogers The first two quips confirm that Rogers did not survive to see the 2004 Elections.
Some closing thoughts:  Both Martin Grace and George M. Wallace let me know how much they have always enjoyed Will Rogers.  I sure hope that you don’t have to be over 40 to know about and appreciate Rogers’ legacy to American political wit and wisdom.
Will Rogers actually ran a “favorite son” campaign for the Presidency in 1928, with his Anti-Bunk Party.  His sole campaign plank: “If elected, I will resign.”  [the image here is from the cover of Life Magazine, May 31, 1928, announcing Rogers’ candidacy.]
Finally, my Googling about Rogers led me to an article called “Will Rogers is Running for President,” which covered the Presidential campaign in 1974 of Arizona Senator Morris K. Udall. (by Aaron Latham, New York Magazine, Dec. 1974) The author explains that “if Will Rogers had run for president, this is how he would have done it.”

Udall was well-known for his own gentle but insightful wit.  Seeing the article reminded me that Mo Udall was the first and only Presidential candidate for whom I have sat at a telephone trying to raise money.  I was in my first year of law school and went to Udall’s office in downtown Boston.  I respected Mo Udall a lot, but the impetus for manning a phone bank was the fact that my college friend, Jack Quinn, was Udall’s campaign manager at the age of 24.  Jack went on to become a distinguished lawyer at Arnold & Porter, and then White House Counsel to Bill Clinton.  (And, yes, he became somewhat infamous for Pardongate, the Marc RIch affair.)   I may never have remembered this little piece of my life, were it not for starting down the trail suggested by the RiskProf.  Serendipity can be swell.

Update (Nov. 8, 2004):  If you’ve read this far, you deserve a few Mo Udall quotes (from BrainyQuotes):

  • For those of you who don’t understand Reaganomics, it’s based on the principle that the rich and the poor will get the same amount of ice. In Reaganomics, however, the poor get all of theirs in winter.I have learned the difference between a cactus and a caucus. On a cactus, the pricks are on the outside.

    If you can find something everyone agrees on, it’s wrong.

    One puts on black robes to scare the hell out of white people, while the other puts on white robes to scare the hell out of blacks.

    The more we exploit nature, The more our options are reduced, until we have only one: to fight for survival.

November 4, 2004

taglines: the veritas stops here!

Filed under: pre-06-2006 — David Giacalone @ 4:29 pm

When it comes to Truth-In-Tagline issues, it’s the news media that’s gotten all the attention this year.
[mostly them, from guys like him, but also from myself]  However, a little column in this month’s Harvard
Magazine has suggested that another segment of snappy sloganneers may need closer scrutiny: institutions
of higher learning.    Muckrakers are urged to head over to The Great Stamats Tagline Repository, which
currently has 550 taglines in its searchable database and is seeking more.
Stamats is a “higher education integrated marketing solutions company.”  It’s

tagline, promises kept, is explained here.

The column includes the following sample taglines (“World’s Greatest Taglines?,” The College Pump,
Harvard Magazine, Nov-Dec 2004):

  • The directional. Seton Hill University, Pennsylvania: “This Way Up.”
  • The hortatory. University of Houston, Downtown: “Get a Life!”
  • The pecuniary. Amarillo College, Texas: “Give yourself a raise…Education Pays!”
  • The ominous. Boyce College, Kentucky: “The harvest is ready. Are you?”
  • The sassy. University of Alaska, Fairbanks: “Latitude with Attitude.”
  • paint can Here are the thirteen law school taglines in the Stamats Collection.  You can judge for
    yourselves the efficacy and veracity of the slogans.   And, wonder along with your Editor just what
    some of these folks are hoping to accomplish — and, whether a misleading tagline can be the basis
    of a lawsuit.  [And, where should the querist apply who did this Google search today?]
    Tagline School Name State/Province
    New Frontiers in the Law Chicago Kent College of Law Illinois
    Law Is Universal Florida Coastal School of Law Florida
    Lawyers of the Future Indiana University, Bloomington School of Law Indiana
    Educating a different kind of lawyer Notre Dame Law School Indiana
    Law is More Than a Profession. It’s a Calling. Regent University School of Law Virginia
    Real World. Real Law. Temple University James E. Beasley School of Law Pennsylvania
    Preparing the Lawyer of the 21st Century University of Akron School of Law Ohio
    Law Lives Here. University of Denver College of Law Colorado
    Faithful Stewards of the Law University of Oklahoma College of Law Oklahoma
    What kind of lawyer will you be? University of the Pacific McGeorge School of Law California
    The law is the true embodiment of everything that’s excellent. University of Toledo College of Law Ohio
    This is real. This is Valpo Law Valparaiso University School of Law Indiana
    Noble ideas, ethics, and love of the law. Yeshiva University, Cardozo School of Law New York

    poetics as usual

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


    Ah, back to haiku — our job #1. 









    autumn evening —

    yellow leaves cover

    the plot reserved for me

     

     

     

    Cold autumn twilight —

    the garden slope’s stepping stone

    edging out of line

     

     

     



    credits: “Cold autumn twilight” — Modern Haiku XXXI:2

                “Autumn evening” — Modern Haiku XXX:2

     

     




    election over

    dirty laundry

    awaits

     

                                     [Nov. 4, 2004]

     


    one-breath pundit  






      • Interesting: The Future of Marriage “Matrimony today isn’t what we thought it was–
        and will likely evolve still more in light of powerful demographic, economic, social, and

        legal trends” by Harbour Fraser Hodder (Harvard Magazine, Nov-Dec 2004).



      • This, too: Forum: Understanding Welfare Reform — “The 1996 law, broadly understood,

        was a surprising success. But that outcome does not support the case for further restrictions,”

        by Scott Winship and Christopher Jencks (Harvard Magazine, Nov-Dec 2004).

    Will Rogers, won’t you please come home

    Filed under: pre-06-2006 — David Giacalone @ 10:56 am

     



    We could sure use another Will Rogers in America — his sharp-but-gentle humor and

    insights were enjoyed and appreciated by the entire Nation (except the pols).  Rogers

    was born 125 years ago today — November 4, 1879.  It’s not hard to image what he 

    would have thought of this last election. 

     

     

    Enjoy some Quotes from the Will Rogers Memorial Archives, that speak to us today:  lasso

     


    `Nowadays it is about as big a crime to be dumb as it is to be dishonest.’

    `This country is not where it is today on account of any one man. It is here on account of the real common sense of the Big Normal Majority.’

    `I don’t care how little your country is, you got a right to run it like you want to. When the big nations quit meddling then the world will have peace.’

    `People talk peace. But men give their life’s work to war. It won’t stop ’til there is as much brains and scientific study put to aid peace as there is to promote war.’

    `You can be killed just as dead in an unjustified war as you can in one protecting your own home.’

    diner dude gray

    `All I know is what I read in the papers.’

    `Live your life so that whenever you lose, you are ahead.’

    `No man is great if he thinks he is.’

    `It’s great to be great, but its greater to be human.’

    `People are marvelous in their generosity if they just know the cause is there.’

    `We’ll hold the distinction of being the only Nation in the history of the world that ever went to the poor house in an automobile.’

    `We will never have true civilization until we have learned to recognize the rights of others.’


     


    lasso flip  And, a few more, from QuotationsPage.com:

     


    Diplomacy is the art of saying ‘Nice doggie’ until you can find a rock.  

     

    On account of being a democracy and run by the people, we are the only nation in the

    world that has to keep a government four years, no matter what it does.

     

    There’s no trick to being a humorist when you have the whole government working for you.

     

    We are all here for a spell; get all the good laughs you can.

     

    The income tax has made more liars out of the American people than golf has.

     

    You know everybody is ignorant, only on different subjects.

     

    p.s. See Part II on Will Rogers and the Risk Pool.


     













           branding iron

    November 3, 2004

    towards a “democratic morality” and majority

    Filed under: pre-06-2006,viewpoint — David Giacalone @ 11:57 pm

     

    Earlier tonight, the PBS News Hour took a look at the role of “religion” and “morality” in the Bush election victory.  A transcript of the discussion, Divided We Stand (Nov. 3, 2004), led by Gwen Ifill, is already available and might be a very good place for Democrats to start, as we try to understand how John Kerry failed to win the “morality vote”.   Ifill’s discussion included Jim Wallis, representing the Sojourners, a “progressive” coalition of faith groups, who wrote a column this morning entitled “Progressive faith did not lose this election“; Morris P. Fiorina, author of Culture War? The Myth of a Polarized America; and Rick Warren, who has the bestselling book The Purpose-Driven Life: What on Earth Am I Here For?, and pens the influential evangelical Ministry Tool Box

    wrong way smN  Leading into Ifill’s segment, Ray Suarez questioned Andrew Kohut, president of the Pew Research Center, who analyzed the exit polls from yesterday’s election.  Kohut downplayed the importance of the “moral values” explanation given by many voters as the most important reason for voting for Pres. Bush.  I believe Kohut is wrong and that the Democrats should not attempt to wish away the fact that millions of voters — mostly evangelical and fundamental Christians and Catholics — went to the polls specifically to show their moral repulsion at certain Democratic Party positions (especially Warren’s five “non-negotiable” issues: abortion, embryonic stem cell research, human cloning, homosexual marriage, and euthanasia).

    Democrats may never be able — or willing — to convert that non-negotiable part of the electorate.  But, I think Rick Klau is correct to suggest that the Party badly needs leaders “on the national stage who are speaking authoritatively on moral issues.”  (The only current example he can give is the new Senator-elect from Illinois, Barack Obama.)  We need those morally-authoritative leaders, not only because taking a stance on issues of right and wrong is the right thing to do, but because Democrats can only overcome the loss of those millions of fundamentalist voters by appealing to the values of a broader segment of American society, who believe that governing requres the constant application of our nation’s core moral precepts — although not the particular dogma of any one Faith. 

    • So, when Larry Lessig says our critcism of the Bush Administration “must now focus narrowly on policies,” we mustn’t be shy to point out when a policy is immoral.  Naturally, we should save the Morality Card for clearcut and important issues.
    • I agree with author Fiorina that our society is not as deeply divided as the media and party tacticians suggest.  There is a broad consensus on values.  But, the Democrats have not been willing to embrace that consensus by using morality themes.  That’s partly to do with the allergy to religion that many Baby Boomers of the Left developed as they rebelled against the hypocricy they saw in their religions of birth.  And, partly to do with buying into the bogus notion that effective moral principles cannot exist outside of religion (see, e.g., The Catholic Encyclopedia on morality, as well as Prof. Bainbridge).
    • checker neg  And, I agree with the statement of Sojourners’ Jim Wallis on the News Hour tonight that: “[V]alues are a good conversation for politics. It may be the future of our discussion. But it can’t just be partisan values wedged in to divide people. But I think a broader sense of values, personal and social — personal responsibility and social responsibility together are at the heart of religion. The two together will provide a powerful political vision for the future.”  (emphasis added)

    Wallis expanded on this theme in his column this morning: 

    We’ve now begun a real debate in this country over what the most important “religious issues” are in politics, and that discussion will continue far beyond this election. The Religious Right fought to keep the focus on gay marriage and abortion and even said that good Christians and Jews could only vote for the president. But many moderate and progressive Christians disagreed. We insisted that poverty is also a religious issue, pointing to thousands of verses in the Bible on the poor. The environment – protection of God’s creation – is also one of our religious concerns. And millions of Christians in America believe the war in Iraq was not a “just war.”  . . . 

    Clearly, God is not a Republican or a Democrat, as we sought to point out, and the best  contribution of religion is precisely not to be ideologically predictable or loyally partisan but to maintain the moral independence to critique both the left and the right.

    podium sf  It is now key to remember that our vision – a progressive and prophetic vision of faith and politics – was not running in this election. John Kerry was, and he lost. Kerry did not strongly champion the poor as a religious issue and “moral value,” or make the war in Iraq a clearly religious matter. In his debates with George Bush, Kerry should have challenged the war in Iraq as an unjust war, as many religious leaders did – including Evangelicals and Catholics. And John Kerry certainly did not advocate a consistent ethic of human life as we do – opposing all the ways that life is threatened in our violent world.

    We didn’t lose the election, John Kerry did, and the ways in which both his vision and the Democratic Party’s are morally and politically incomplete should continue to be taken up by progressive people of faith.   (emphases added)

    Yes, a very good start to this vital conversation.  With the one added essential point that the values espoused by the Sojourners are also deeply held by many liberals, as well as non-religious members of the Democratic, Republic, Libertarian Parties, and more — people of good will and strong personal ethics, deeply committed to their social and family responsibilities.  Let’s start this conversation and build a broad consensus on values and morality — social and personal — that can make America stronger and more united.

     

    without Buddha’s law
    no glitter…
    dewdrops in the grass

     

                            rook horiz

    my dream comes true–
    this spring my god
    the god of the poor

     

     Issa, translated by David G. Lanoue.       
    p.s. George Wallace points his wise finger at zealotry

    four marred years?

    Filed under: pre-06-2006,viewpoint — David Giacalone @ 12:56 am

    the day is long
    the day is so long!
    tears

    sumo

    in life
    there’s no second place…
    defeated chrysanthemum

    glimpsing the moon
    over my home village…
    also brings tears

    screamBig
    (full-color original from John Aravosis at AmericaBlog)


    his wife watched
    the match…
    defeated wrestler

    the wrestler’s defeat
    spreads a thousand miles
    quickly

    in poor soil
    blooming courageously…
    chrysanthemum
    – all of the haiku above by Master Issatranslated by David G. Lanoue  
      
    by dagosan:
    election results —
    buying
    next year’s Weekly Planner
                                                [Nov. 3, 2004]     

    one-breath pundit  

    • To those who feel defeated: please don’t be bitter; be better, live your values.
      (that means politicians, too)  

    • Updates: Comments at TalkLeft offer early reactions — some despair, little hope.

    • Lessig: it’s over, let it go —  “Our criticism of this administration must now focus narrowly on
      policies, not on the credibility of the man.”  

    • No surpise: Bainbridge is gloating, while minimizing the evil of schadenfreude, and missing its
      resemblance to a number of the seven deadly sins.  (cf. Schadenfreude: the Outlaw Emotion
      Geez it’s fun being self-righteous!  Steve, is it addictive? 

    • 3 PM: President Bush gave a conciliatory victory speech.  Let’s hope he does earn the trust of us all. 

    • Dahlia Lithwick argues well that lawyers actually helped avoid problems in this election.   (via Fool-Forest)  

    • (7 PM) However, in her View from Boston segment, Margaret Warner of the PBS News Hour just reported that the lawyers in the Kerry camp strongly pressed this morning for immediately going into court in Ohio, not just to challenge the provisional votes, but to demand a full recount.  Not exactly the Lithwickian model.  Kerry rejected their Scorched Earth approach.      

    • Almost Midnight:  Your Editor stars to fumble his way toward a “democratic morality” and majority.

    p.s. Happily Off-topic:  The American Antitrust Institute has posted a new Working Paper entitled The Federal Trade Commission and the Professions, by Prof. John Kwoka, which “focuses on the economics of the professions, concluding that competition yields major benefits to consumers in the form of lower prices, without adverse effects on quality.”  (AAI WP #04-04, Nov. 3, 2004)                    

     

          click here for M.D. Welch photo-poem  . . .     

    November 2, 2004

    haiku from a non-battleground state of mind

    Filed under: pre-06-2006 — David Giacalone @ 12:56 pm

    Alaska can stand in today for all the other electoral stepchildren.

    Here’s a pair from Billie Wilson:

     

    hawk flight 

     






    November chill–

    a barefoot man waits

    for the northbound ferry

     

                          

     

    an avalanche roars

    down Thybder Mountain–

    first crocus

     

     


    credits:  “an avalanche roars”  Haiku Headlines (April 2002)

                “November chill” —  World Haiku Review II:3

     







    by dagosan (in ny): :

     

    the leaves, her face

    framed by gray —

    autumn beauty

                                      [Nov. 2, 2004]                       

        

     

    one-breath pundit





      • In a Comment to this post, Prof. Martin Grace has promised to change the unwieldy

        (hard to spell and type, too) name of his weblog — a tort et a travers– to RiskProf. 

        We applaud.  Now, maybe we can get Evan to ditch the parentheses and Matt to 

        ditch his brackets.  However, our slashes stay!



      • Ernie Svenson says: “we have gotten too intolerant of opposing political views.”  Yes.
















            galaxy

    it’s too late to vote early, but

    Filed under: pre-06-2006 — David Giacalone @ 11:56 am


    . . .  you can still vote burly, curly, girlie, hurl-y, surly or whirly.

    However you do it, please do vote — and, once is enough.

     

     

    checked box

     


    snail–
    the butterfly in a mad
    hurry

     

     









    hurry mist
    hurry, hurry…
    a bird set free

     

     Issa, translated by David G.                          

     



    • Doggerel Duty?  Check out the electoral double-dactyl at the Fool’s Forest.                                                                                                               

                                                                                                                                                                                                  expect delays

    urgent plea to the Ballot Bar: no frivolous lawsuits

    Filed under: pre-06-2006 — David Giacalone @ 8:58 am






    (Tell your client: you need facts and law and good faith)

     

                                           penny sm penny sm . . . what would Lincoln do?  how about Shakespeare?


     



    p.s.  Click here for a page of rather well-done political haiku (actually, mostly senryu)

    from Democrats Abroad/Japan:

     

    p.p.s.  Wee-hours of election night post is here.

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