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

April 8, 2005

life grows on

Filed under: pre-06-2006 — David Giacalone @ 6:35 pm



home from the funeral

hands in the dishwater suds










black panites–

she lifts one leg,

then an eyebrow










estate auction–

can’t get my hand back out

of the cookie jar




         “schoolBrooks” Randy Brooks, from School’s Out

              (Press Here, 1999)  



home from the wake —

a robin perched

on the newly-toppled tree


                               [April 8, 2005]






handicapG  All Things Considered had an interesting piece yesterday on”What Defines Disabled?” 

It was spurred by news reports that Janeal Lee had her title as Ms. Wheelchair Wisconsin

rescinded, because — although she has muscular dystrophy and primarily uses a scooter to

get around — she is able to stand.  Lennard Davis disagrees, saying that definitions of disability

need to become less stereotypical. and you can find an audio of his commentary here.

(also: Fort Wayne News-Sentinel, Hey, sorry, you just weren’t crippled enough, April 7,


Davis has written numerous books, including Bending Over Backwards:

Essays on Disability and the Body (NYU Press 2002).  He is a pioneer

in disability studies and believes that it provides an entirely new way of thinking

about the body in its relation to politics, the environment, the legal system,

and global economies.


handicapF  Davis’ ATC commentary reminded me that persons like myself — with 

an “invisible disability” [a medical condition making significant, consistent 

employment impossible that is not apparent to by looking at me] —

are often not considered disabled enough by traditional “disability advocates,”

who seem to have a much narrower test.  When I was trying to see if I could

handle part-time employment a number of years ago, I applied for a

minimum-wage position at a disability housing advocacy group — they

wanted someone to accompany their clientele to hearings.  I figured that

two decades as a lawyer (one of them as a children’s advocate) might make

me suitable.  However, at my only interview for the position, it was quite

clear that I wasn’t disabled enough — or that they were not willing to take

a chance with someone whose disability needs special accomodations

other than the traditional physical ones.


tiny check Bob Ambrogi has responded to Norm and Carolyn‘s postings about the latest

ABA discipline survey.  Bob, like myself, disagrees with Norm’s notion of

sanctioning clients for “frivolous” complaints.  Bob also believes we should “throw

open” all client complaints “for all to see.”   As my Comments state at Bob’s

site and Carolyn’s I think we need to give the problem more thought before making

all complaints readily available to the public.



handicapB  Where was Eliot when I needed him?  (Oh yeah, in high school.)  The latest

Harvard Law Bulletin has an article on NYS AG Eliot Spitzer (“The Equalizer,” Spring 2005). 

I had to smile when I read Spitzer defending himself against the charge that there are

too many agencies, state and federal, jumping in to stop corporate corruption.  Eliot

responds “Competition works — even in law enforcement and in government.”  My

smile was from remembering a Washington Post editorial from about 1979, which derided

a presentation by the then-Director of the FTC’s  Bureau of Competition to a Congressional

committee, giving the same rationale for having both the FTC and DOJ enforcing antitrust

laws.  The Post said that redundancy might be good for NASA, but surely wasn’t for

antitrusters.  The Post editorial was particularly interesting to me at the time, because I

had written the Director’s testimony.   Balkanization-Schmalkanization.



tiny check  George Wallace has been known to handicap wines and film, and today he

posts about the documentary, Mondovino. — “Most commonly described as “the Fahrenheit 9/11

of wine” — which may or may not be a compliment .”  Interesting.



“tinyredcheck”   Along with a nice pointer to our post on e-shaming, Don Hawbaker at The Construction Law Blog added some choice words on the topic today:

“I think it was Mark Twain who said something like, “a lie travels half-way around the world before truth gets its pants on.” In our technologically advanced world, the truth has closed the gap considerably. That’s the good news.

“The bad news is that if you create a public record that’s embarressing or unflattering, your name is likely to get mentioned on some site or another that feeds Google or some other monstrous search engine. And the entry of your name alone may for a long-time lead to a reliving of that event again and again. Someone’s 15 minutes of fame, whether for good or bad, may now last for years.

So, did Don’s Mom:  “And I definitely recall that it was my mother who told me ‘live your life like what you do may be a front-page article in the newspaper.’ That’s still good advice.”



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