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

As Dave Bear-y might say: “I’m not making this up.”   For the past two days,

a big story around these parts has been the discovery of a severed hand in the

frontyard of a suburban home near Albany, NY. (“Big Story: Dismembered hand

found in Guilderland,” WTEN.com, Feb. 18, 2005)  The remains, which

appeared to be a “man’s hand,” were found in a surgical glove, covered in

blood, with the finger tips removed; a Christmas ribbon was nearby.

 

“snowFlakesN”  A helicopter, a backhoe, and dogs helped a squad of cops search the

area for hours,  seeking the rest of the body.  Pathologists at Albany Medical Center

decided to x-ray the human hand today, when they discovered that it was not human. 

(“Discovered remains not human,”  CapitalNew9, Feb. 19, 2005; film clip, too)   Instead,

it is the claw of an animal made to look human.  The current working hypothesis is that

the claw used to belong to a bear.  Get more details here.  Stay tuned.

• 
  
  
  

  Next time I tell you all the news around here is weird or embarrassing,

  
  

  I hope you’ll believe me. 

 

boars and bears
are my neighbors…
winter seclusion

red-bearded grandpa’s
grafted branch…
his hand still steady

 

 

ISSA, translated by David G. Lanoue

 

  Meanwhile, over here on the “wrong” side of the high-

tech tracks, we’re still wonderin’ why Evan, Jeremy, Mike, Denise,

Larry, Ernie, Kevin, Bob, and all the other gadget pioneers are making such

a fuss over PodCasts.  I’m sure glad I’m not an employer or supervisor

having to keep all the kiddies on task while on the job.  Too many distractions

in this world of ours, says haikuEsq, and Prof. Yabut concurs (along with

Ann Althouse, it appears).

 

  The f/k/a gang is pleased to say that we picked up one of those new-fangled

telephone contraptions and had our first transcontinental communication with Pasadena

today.  George M. Wallace really exists — and he’s got a landline in the Forest.  Too cool.

by dagosan:  

 

digital age:

aging digits

at the keyboard

 

 

sat. pm potluck

 

1] Sorry, Mom, I can’t help ya:  Yesterday was the one-year anniversary of the Virginia Bar’s

ULP Opinion 207 (Feb. 18, 2004), which concluded that a lawyer-trained social worker

would be guilty of the unlawful practice of law by assisting pro se litigants in the preparation,

or even the selection, of forms for Small Claims Court.  Virginia’s Bar Council met today (Feb.

19) in Richmond to consider approving, disapproving or modifying the opinion.  

The legal reform group HALT (f/k/a Help Abolish Legal Tyranny) submitted

comments to the Virginia State Bar on Feb. 17, 2005, pointing out that Virginia’s

Small Claims courts require the use of unusually difficult forms and, “The vast majority

of Virginia small claims litigants are unable to complete court forms unassisted.  If the

Virginia Small Claims Division is to serve any meaningful function as an accessible

arbiter of justice, litigants must be allowed to use the assistance of nonlawyers.”  HALT

has a small claims reform project that is fighting for the use of plain-English forms and

in-person assistance to consumers at the courts.

2] HALT‘s Feb. 16, 2005 newsletter suggests that bar groups are continuing to act like

guilds — putting their interests before clients’ interests and rights — while courts have

been at the forefront of assisting pro se litigants and the self-help legal movement.  Examples:

• 
  
  The Georgia State Bar may adopt a proposal preventing nonlawyers from
  
  
  drafting articles of incorporation.
  
  
• 
  
  
  

  The Montana State Bar Association is “gagging” consumers from speaking

  
  

  publicly about their complaints against lawyers. A consumer will face punishment

  
  

  if she decides to disclose to anyone, including family membersand friends, that she

  
  

  has filed a complaint.
  
  
• 
  
  
  

  
  

  In January 2005, the Wisconsin Board of Governors rejected the new ABA Ethics

  
  

  2000 rule requiring written fee agreements. 

 

On the other hand, thank you, Your Honor:

• 
  
  Throughout 2005, one of Hawaii’s family courts will hold monthly sessions of
  
  
  “Divorce Law in Hawaii,” a free session for the public offering an overview on
  
  
  the process and tips on finding self-help resources.
  
  
• 
  
  
  

  Wisconsinites going through a divorce will have a new resource starting in spring

  
  

  2005. The court system is putting the finishing touches on a project to create a set

  
  

  of standardized pro se divorce forms that can be used throughout the state. These

  
  

  forms will be available in courthouses and on the state’s Web site.

                                                                                                                                                          

                                                                                                                                                          Sam B., click for original

 

3]  Now I understand:  It appears that both Prof. Steven Bainbridge and his then-puppy, Sam,

were exposed to significant amounts of Purple Snow a number of years ago.   Given the well-

known effects of purple rain and purple haze on other celebrities, the weblawgger a/k/a Prof. B.

can perhaps be excused for actin’ funny and asking “is it tomorrow or just the end of time?”

 It does not appear that Steve is yet affiliated with this, this, or that product. 

  Speaking of the scent of money, given the extraordinary canine sense of 

smell [50 to 100 times better than that of humans, per this source, and “thousands of times”

better, per this report], I wonder which wines are Sam’s favorites — and whether Sam is a 

partner over at this weblog.  I bet he works for scraps — under the table.

 

 

 

scattering onto
my purple sleeves…
spring snow

 

on purple clouds
when will I set sail?
western sea

 

ISSA, translated by David G. Lanoue

 

 Declare Victory, and then Do It Again:  I got an email today from the Not One Damn Dime folks.

Despite our skepticism over slacktivism, the NODDites claim their spending-boycott on Inauguration Day

“was a huge success.”  And, on April 15th they’re gonna do nothing again — this time for the cause of

“responsible spending.”   I like the cause.  However, the now-revealed initiator of NODD, communications

professional and political junkie, Pete Smith of Minnesota, does not seem to be in touch with political

reality.  (Pete and Daily Kos’ Rabid Nation might have to take a paternity test to settle just who is the

progenitor of NODD.)

 

                                                                                                                

Such a pleasant Saturday.  Before heading out to a sunny winter day, I just

“strolled” my favorite haiku garden and found one of my favorite haiku poets.

 

As a result, here are three poems from The Heron’s Nest by George Swede:  “thnLogoF” 

 

 

ebb tide
the sand castle moat
still showing clouds

 

 

 

 

old tombstone
losing its name
faint first star

 

by the statue
of the polar explorer
lingering snow

 

George Swede from The Heron’s Nest – a haikai journal

“old tombstone“; “ebb tide“; “by the statue“

 

by dagosan:  

 

cirrus clouds and

a dusting of snow —

the midday moon is shedding

 

                                                 [Feb. 19, 2005]

 

  potluck

 

“tinyredcheck”   Frankly, my morning was not all pleasant.   I spent time at MyShingle

“discussing” reasonable contingency fees with Eugene, at a post that had

been about needing to have retainer agreements. (I don’t start these fights.

I just point out the logical responsibilities that go with professional & fiduciary

duties, and the primacy of the client’s, not the lawyer’s interests.)  

 

  Mike “Fedster” Cernovich never stops making work for me.  Please

go to C&F and answer his question:  Is a public defender system better for

indigent clients than having assigned counsel?  Or as Mike puts it:  “Is Mr.

Giacalone right?” that PDs are better.

 

  Thanks to Bob Ambrogi and Kevin Heller for pointing to Evan D.

Brown’s new Internet Cases weblog — a topic of interest to many of us.

 

 

                                             last night’s snow down river     

 

 

 

snow now rain–

your picture

by mine

 

 

 

 

green light

from a green bottle

winter morning

 

 

Gary Hotham from breathmarks: haiku to read in the dark 

(Canon Press, 1999)

 

 

by dagosan:  

 

pink clouds

in the crotch of the bare oak 

the street-walker stares

 

                                                 [Feb. 18, 2005]

 

potluck

 

“tinyredcheck”  If you’re interested in the fairness of our criminal justice system, you need to read the recently

posted “Gideon’s Broken Promise: America’s Contnuing Quest for Equal Justice” (ABA Standing Committee

on Legal Aid and Indigent Defendants, 2004) (pointer from Legaline).  I agree with each of its major Findings:

 

#1 Forty years after Gideon v. Wainwright, indigent defense in the United States remains

in a state of crisis, resulting in a system that lacks fundamental fairness and places poor

persons at constant risk of wrongful conviction.

 

#2  Funding for indigent defense services is shamefully inadequate. The lack of funding impacts

on virtually every aspect of indigent defense systems.

 

#3  In addition to providing constitutionally adequate representation, lawyers who defend the

indigent also are required to provide representation that is “competent,” as required by rules

of professional conduct. . . . Yet, defense lawyers for the indigent sometimes are unable to or

do not comply with this and other requirements, and as a nation we tolerate substandard

representation in indigent defense that is not acceptable practice on behalf of paying clients.

However, ethical violations routinely are ignored not only by the lawyers themselves, but also

by judges and disciplinary authorities.

I also agree that indigent defendants are far more likely to receive consistently competent representation

in a system with fulltime public defenders (with statewide monitoring and funding) than from situations

that rely heavily on assigned counsel. (see prior post)

• 
  
  
  

  what does it mean that one-third of Massachussetts legislators are

  
  

  lawyers, but Massachusetts Bar Advocates went 25 years without a pay raise?

“tinyquestionN”   Norm Pattis is looking for suggestions on how law school or CLE could better help lawyers to

deal with the irrational and unhealthy demands and desires of clients (and of law firms).  Stop over to Crime

& Federalism and give Norm a little counseling.  [I suggested that we can learn a lot from the training given

to social workers in jobs such as Child Protective Services, and who deal daily with highly agitated, angry people, and yet remain unflappable but caring.]

 

  Todd Zywicki at Volokh Conspiracy frets over George Mason Univ. being the “other, other George” among

the three D.C. Area colleges, pointing to ESPN coverage.  When I was a college student in the late ’60’s, going

to Georgetown, there was only one other George in town.  Of course, there is no confusing George Washington

and Georgetown with GMU in the great Ideology Games played out daily here in weblog world and Washington. 

 

  Bob Ambrogi points to two weblogs with what he calls “stunning design,” saying they show 

“how creative design can help strengthen the impact of a blog.”  I looked at Symtym and Patent Baristas, and I

don’t get it.   For me, large graphics in a masthead or sidebar add absolutely nothing positive to my opinion of

a weblog or the chance I will return to it.  And, dark backgrounds (especially with patterns) detract considerably

from the reading experience.  Lisa Stone wonders if you care:  pared-down or gussied up?

update (7 PM): Thanks to Tara’s pointer at ResearchBuzz, I updated my Google Toolbar

yesterday.  I’ve been playing with its new “WordTranslator: hover your cursor over a word

and the WordTranslator feature will display the word in French, Italian, German, Spanish,

Chinese (simplified and traditional), Japanese, or Korean.”  However, my Windows XP Pro

has completely shut itself down three times, after running very slowly, without asking my

permission, today.  Has  anyone else had a similar problem?  Tara?

no wind today —
the cottonwoods
speak in chickadee

 

 

long winter–

prayer bundles sway

in the cedars

 

 

 

 

breezy afternoon–
dandelion ghosts
float past the daisies

 

 

“snowflakeSN”  Billie Wilson from The Heron’s Nest – a haikai journal

“no wind today” (special mention, Valentine’s Issues, Feb. 2005)

“long winter“;  “breezy afternoon“

 

 

by dagosan:  

travel plans

penciled in —

winter’s asterisk *

 

  potluck

  I just learned today that Sen. Barack Obama was among the 18 Democrats voting 

for the Class Action Reform Act last week.  All 26 opposing senators were Democrats.

Obama appears to have adopted the popular (with me too) anti-coupon position, but

maybe also the Madison County-bashing. According to the Kansas City Star (Feb. 10, 2005):

Barack Obama, D-Ill., said in a statement afterward that he had voted for the

bill even though he is “a strong believer” in class-action lawsuits.”When multimillion-

dollar settlements are handed down and all the victims get are coupons for a free

product, justice is not being served,” he said. “And when cases are tried in counties

only because it’s known that those judges will award big payoffs, you get quick

settlements without ever finding out who’s right and who’s wrong.”

Of course, f/k/a is still waiting for a fuller explanation of Obama’s Tort Reform position.

I can’t understand why it would be shocking to learn that some companies are firing

employees for things they have posted at their weblogs concerning the company.  (See CNN/Money

 article)  Would we be shocked that an employee was canned for putting nasty remarks about a

supervisor, or proprietary information, on a roadside billboard?  If the electronic communication

device in question were a telephone, wouldn’t you want to know the facts before getting huffy? 

People get so myopic when they think their ox is being gored.

 

A year ago this week, we talked about misleading “hit” counts on weblogs (see here, here).

I finally got a Site Meter two weeks ago and have compared the Daily Hits numbers from my 

Harvard weblog server over a 24-hour period with the Site Meter results.  On one

representative day, I found that Site Meter Page Hits were 5.9% of the Harvard Hits, and 

on another they were 4.7% of the Harvard Hits.  

 

   Where do they get these slogans?  New York City wants to trademark a new    

tourism slogan “The World’s Second Home” — which is only going to remind folks of

the line about it being a nice place to visit, but I wouldn’t want to live there.    In general, I

think telling people your self-proclaimed status is not very effective.  If they want the home

theme, why not “New York City — Make Yourself at Home” or “We’ll Make You Feel at

Home”?  On the other hand, who travels to feel at home?

 

All kidding aside, for a moment, Steve Bainbridge has some very good questions 

for his fellow conservatives on private Social Security accounts.  Check his TrackBacks and

decide whether their answers are persuasive.

 

“tinyredcheck”  Speaking of weblog persuasion, Lisa Stone at Legal Blog Watch quotes a couple

Law.com luminaries who seem riled by the MSM-weblog-what’s-journalism? debate.   Prof. Eugune

Volokh thinks the analogy of webloggers to lynch mobs is very weak.  And J. Craig Williams wonders 

“After all, if you have a legal question, who would you rather hearthe answer from? A newspaper

reporter who asked a lawyer? Or from a lawyer who’s also a highly respected law professor?”  While

I agree that some weblogs are journalism (but many don’t even try to be), I also believe that:

(1) Webloggers have the ability to create giant “opinion bubbles” that are based on weak or

misunderstood facts, yet have persuasive or coercive force that is totally unconnected to reason,

logic, virtue, or facts.   The “lynch mob” effect is fueled very often by such anger and vile — and

ideologically-based agendas — that the target can be easily overwhelmed and left without allies.

(e.g., the Durango Cookie Case, where the girls were flooded with gifts and tv invitations and

Mrs.Young ended up flooded with hate mail and phone calls, and death threats, before she had

any chance to get her facts out.)

 

(2) I know of no source more likely to give a skewed response on an issue than a law professor

who’s already stated an opinion publically on the issue in question.   There are some legal

journalistswho do a darn good job at figuring out the law without asking a lawyer or a law

professor.

 

(3) Too many folks with weblogs have a hard time understanding that their opinion is not

necessarily truth and comes filtered through their own ideological and experiential perspectives.

 

I know this last blurb violates yesterday’s pledge to keep things short, but Lisa made me do it. 

 

potluck

 

“tinyredcheck”  Steve Bainbridge has assured his readership that — tip jars and cable-organizer ads

aside — he would not auction off space on his pregnant tummy just to make a few

bucks.   (I don’t make these things up.) 

 

In the law (and religion) biz, we call that turning necessity into virtue.  With Gov. Arnold 

being sort of busy, I wonder how Steve would feel about tummy ads, if he were to star

in the sequel to “Junior.”  Hmmmm.

 

  It seems that Prof. B won’t be buying any Dogs Playing Poker original

paintings, either.   On aesthetics grounds, on with him — although the old posters have

always made me smile.   Of course, the buyer of the two paintings from the series this

week, for $590,4000, might be counting on this being a smart investment. 

• 
  
  
  

  “I was intrigued to learn that the artist, C. M. Coolidge is “credited with

  
  

  creating the life-size Boardwalk cutouts into which one’s head is placed,

  
  

  allowing the person to be photographed as a character or animal.

  
  

   

  
  

  “Coolidge was also a banker, shopkeeper, inventor and painter. He even

  
  

  penned an opera.” (CNN.com article)

• 
  
  You’ll probably only get $10 for your old Poker Dogs poster.

 

 

a three-engine freight train

delays lunch —

two stomachs rumble

 

                           [Feb. 28, 2005]

 

 

 

 

 

 

 

 

offering a kiss —

she eagerly shares

calories

                       [Feb. 27, 2005]

 

 

 

 

 

 

 

 

 

a huge yellow moon —

our argument fogs

the windshield 

 

                               

          

 

we all help

blow out the candles —

dad’s 86th birthday

 

                     [Feb. 26, 2005]

 

 

 

 

 

a dear aunt’s cluttered desk —

checking email

from her guest room

 

                                          [Feb. 25, 2005]

 

 

 

 

 

 

 

 

 

pleasantly surprised

again —

full moon at the window

 

                                    [Feb. 24, 2005]

 

 

 

 

 

 

 

 

 

middle finger

papercut

middle finger

 

 

 

 

afraid to look

under the bed —

dust dinosaurs sleep

[Feb. 23, 2005] 

 

 

 

 

 

 

 

 

 

bookstore

history section —

two honest presidents

                                                 [Feb. 21, 2005]

 

 

 

 

 

 

 

 

the visiting twin—

driving alone

into a snow storm

                              [Feb. 21, 2005]

 

 

 

 

 

 

 

 

business lunch

starts with a compliment —

he raises his knife

                                             [Feb. 20, 2005]

 

 

 

 

 

 

 

digital age:

aging digits

at the keyboard

 

                      [re-do]

 

 

 

 

 

 

 

 

 

cirrus clouds and

a dusting of snow —

the midday moon is shedding

 

                                                 [Feb. 19, 2005]

 

 

 

 

 

 

 

 

 

 

 

pink clouds

in the bare oak’s crotch

the street-walker stares

 

                                                 [Feb. 18, 2005]

 

 

 

 

 

 

 

 

 

 

travel plans

penciled in*

*winter’s asterisk

 

                                       [Feb. 17, 2005]

 

 

 

dust on the spine

of each cookbook —

soup can in the sink

                               [Feb. 16, 2005]

 

 

 

 

 

where two boys

ice-fished yesterday —

two ducks swim

                                 [Feb.15, 2005]

 

 

 

 

 

 

 

 

valentine for

an apostate son —

novena card from mom

                                           [Feb. 15, 2005]           

 

 

 

 

 

 

give her a hand —

a perfect

snow angel

                                 [Feb.14, 2005

 

 

 

 

 

 

 

mailbox stuffed
— Valentines
from relatives
                            [Feb. 14, 2004 & 2005]

 

 

 

 

 

 

 

 

 

sealed —

the Valentine card

she never sent

                              [Feb. 13, 2005]

 

 

 

 

 

 

 

 

honest Abe  —

no one wears his hat

or fills his shoes

                                 [Feb. 12, 2005]

 

 

 

warmed by the sun

lit by the moon —

icy porch steps 

                               [Feb.11, 2005]

 

 

 

 

valentine sun

warms the kitchen —

tuna melt for lunch

                                       [Feb.10, 2005]

 

 

 

 

 

 

 

 

wondering where

they go in winter —

pond frogs and children

                                       [Feb.9, 2005]

 

 

 

 

 

 

 

 

can’t reach

the triple-word score —

the dog whines for table scraps

                                          [Feb.9, 2005]

 

 

 

 

 

sad chirp of 

the smoke detector —

another low battery

                              [Feb.8, 2005]

 

 

 

 

 

 

 

 

today

the sun sets too slowly —

driving westward

                                       [Feb.7, 2005]

 

 

 

at the sink

squinting at sunrise

and saturday’s dishes

                                     [Feb.6, 2005]

 

 

 

 

 

 

 

 

 

sunset tints

the cloudbank pink —

avoiding yellow snow

                                   [Feb.5, 2005]

 

 

 

 

 

 

 

 

can’t take my eyes off

the bird in flight —

wanting to know its name

 

                                  [Feb.4, 2005]

 

 

 

 

 

 

four Advil

at a time —

caressing the cordless mouse

                                                          [Feb. 3, 2005]

 

 

 

 

window view

icicle and branch —

branch

                           [Feb. 2, 2005]

 

 

 

in the freezer, 

three starter snowmen —

cloudless sky

                                   [Feb. 1, 2005]

through the open door . . .

her smile doesn’t forgive

all my sins

 

 

the daughter taps flour

into a mixing bowl . . .

mother’s apron tight

 

cedar walking cane

hangs from the coat rack

dust on the handles curves

 

“schoolBrooks” Randy Brooks, from School’s Out (Press Here, 1999)  

 

 

 

by dagosan:  

dust on the spine

of each cookbook —

soup can in the sink

                               [Feb. 16, 2005]

 

 

potluck

“tinyredcheck”  Issue-spotting 101: It seems that some of the greatest professorial minds

in the weblawg world never thought about Weblog Tips as possibly being income. 

TaxProffer Paul Caron sets ’em straight.  Where did you land on the test curve?

 

  Ealier today, I noticed that there were 32 hits on my Referer List for the Google

inquiry “Ten Most Dangerous

Foods to Eat While Driving.  Speaking of issue spotting, try to guess them and their order

before clicking for the article from Insurance.com.   (okay, a hint: Coffee is #1, Chocolate #10.)

• 
  
  
  

  And click for a Safe Driving Lesson Plan for grades 9-12 (Joy Brewster,

  
  

  discovery.com).

I agree with Carolyn Elefant that writing about the ethical lapses of others can be

humbling.  She asks today whether lawyers who end up swamped with discipline violations

were salvageable or are inherently bad.  Both kinds exist, I am sure.

 

“tinyquestion”  Have you noticed how many USA-born webloggers spell the word “gray” with an

“e” [“grey”]?  I even caught myself about to do it last week.  Affectations-R-Us.  The

Fool in the Forest would at least have the excuse of hanging around a lot of British poets.  Not so

him, him, or him.  Of course, some of us naturally straddle the fence.

 

  Personally, I’m not as fond of the adjective “outrageous” as some webloggers seem to

be.   Before hurling verbal grenades or nukes (as opposed to raising a red flag or shooting a warning

shot in the air), it makes sense to consider the source of the story and go to some level-headed and

original sources.  Sometimes you’ll find the extremists were right, but creating unwarranted cynicism

doesn’t seem to be a helpful goal.

 

“tinyquestionN”  Ever wonder What Do Exit Polls and Flu Vaccine Shortages Have in Common?
An essay by Bert Foer, Bob Lande, and Mike Scherer, of the American Antitrust Institute offers an

answer. (Hint: it’s not just bad luck; think: excessive concentration, too few alternative sources).

 

“tinyredcheck”  The saddest thing about Charlie Rose‘s interview last night with the Godfathers of

Blog was their agreement that they all get enormous amounts of intensely angry and ugly messages.

Second worse thing: they all forgot to add the “we” back to “blog.”