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

January 23, 2006

monday night gurga

Filed under: pre-06-2006 — David Giacalone @ 8:05 pm

the sky black with stars–

coyote tracks up and down

the frozen creek

 

 

 





coyote moon sn

 

 

 

everyone asleep

except the one sleeping alone–

distant train whistles

 

 

 

 









night sounds–

I put another blanket

on the sleeping boy

 

 

 

his side of it.

her side of it.

winter silence

 

 

 Lee Gurga from Fresh Scent (1998)   

 

                                                                                                                                                       oil can

 

 

monday miscellawnea (self-discipline edition)

Filed under: pre-06-2006 — David Giacalone @ 6:00 pm

Yes, it’s a slow news day.  But here are  a few nits worth

picking.

 

blackboard abc

 

It’s often a cheapshot when someone complains “we didn’t

need a study” to confirm fact X or theory Y.  But, I am

amazed that two research psychologists thought they

were adding useful information to our nation’s efforts to

improve education with a study on how self-discipline

affects academic achievement.  As the Washington Post

reported, on Jan. 17, 2006 (with no note of irony), the

team of Angela L. Duckworth and Martin E.P. Seligman

say:


“Underachievement among American youth is

often blamed on inadequate teachers, boring

textbooks, and large class sizes. We suggest

another reason for students falling short of their

intellectual potential: their failure to exercise

self-discipline. . . .  [emphasis added]

 

“We believe that many of America’s children

have trouble making choices that require them

to sacrifice short-term pleasure for long-term gain,

and that programs that build self-discipline may

be the royal road to building academic achievement.”

Go here for the full study: “Self-Discipline Outdoes IQ in

Predicting Academic Performance of Adolescents,” Psycho-

logical Science, Vol. 16: 12, Page 939  (Dec. 2005).

 

D&S believe you can teach self-disicpline, but many experts

are skeptical about that, and about just what they were actually

measuring in their study. (see the Comments at the British Psy-

chological Society Research Digest weblog, Dec. 9, 2005).

The WP says Duckworth is teaching her 4-year-old daughter

self-discipline and delayed gratification at home, by allowing

her only one piece of Halloween candy per day. 

 

                                                                          blackboard abcN

 

Our two cents: (a) yes, of course, if your work more at some-

thing, or show up at all, you’ll almost always do better; (b) SD

won’t beat IQ in an environment where virtually everyone has

self-discipline; (c) SD beats IQ at many schools because the

academic standards are so low — learning a few facts that you

wouldn’t know without studying earns you good grades; and

(d) the Halloween candy meanie is creating a Candy Sneak,

and maybe a Candy Addict.


 

microphoneG Our local public radio station usually has intelligent news

copy.This afternoon, however, talking about real estate prices in

one community, the announcer twice said [close paraphrase]  


If you sold your house there, now, you probably couldn’t

afford to buy another one.” 

Am I missing something?  Didn’t the seller’s house also go

up in price, before he went to buy another one down the street?

Copy editor, where were you?  Anchorperson?

 

 


wolf dude  Blawg Balawney:  I was pleased that Jonathan B. Wilson included
our essay “let’s make the word ‘blawg’ obsolete” in Blawg Review #41
today.  However, Jonathan, like the Editor of Blawg Review last week,
seems to confuse “the rise of blawgs by lawyers wishing to promote
their practices” with an increased acceptance of “blawg” terminology. 
As we said in our update to the Essay, “Perhaps, they both attended
the Strawman Night School of Legal Advocacy.”


Thanks to Kierkegaard Lives for culling our anti-“Blawg” Essay

from the Blawg Review #41 list.  And, thanks for highlighting the 

existence of Patriot Search — “A search engine that works much

like google but has the added advantage of sending your personal

information directly to the government for their perusal.”

 

 

 



MichiganG While we’ve been fretting over little things,

Ed Markowski has been living and breathing sports — from

football, to basketball, to baseball and more:

 

 

 


 booed

   i’m just happy

        somebody cares

 

 

 

 

 


                the roar of the crowd

                    through a transistor radio…

                     summer solitude

 

 

 

 

 

 

 

 

 


                                 last second field goal

                                      my bookie

                                          wins again

 

 

 

 

quarterback

 

 

 

 


              touchdown

                  momentum shifts

                     to the bookie

 

 

 

 

 

 

rain delay

the length of the lines

at the stadium restrooms

 






 

 

 


long rebound

crossing mid-court

she crosses my mind

 

 

 

BBallGuysN

 

 


Indiana farm

one tractor

three hoops

 

 

 

 






nude beach
the jet ski instructress
tells me to “concentrate”

 



“rain delay” – games (pawEprint 78, Nov. 2004) 

                                                                                                                                                           infielderG

January 22, 2006

hey, DOJ, blame Google (and Yahoo!, too)

Filed under: pre-06-2006 — David Giacalone @ 11:17 pm

Below is the letter we plan to send ASAP to the Department of Justice,  

so they will understand that all the strange querists, who come to this

weblog based on kinky search engine queries, got here inadvertently

We’re into legal commentary and genuine haiku, not pornography (and,  

our constructive criticism of the present Administration is really quite 

de minimis and proffered with all due respect) 

 

HornHulkJustice  

  Horn‘s Lady Justice   


to:  Department of Justice, Pornography Desk

        cc: Political Enemies Department

             Organized Crime Unit

 

re: Inadvertent Visitors to f/k/a

 

It has come to our attention that your Department came into

possession last year of certain search engine query records, and

similar information, and are seeking even more from Google.com., 

as part of your efforts to demonstrate the need for the Children’s

Online Protection Act (COPA). [Boston Globe, “Google Subpoena

Roils the web,” Jan. 21, 2006; Search EngineWatch, “The Day After:

Points in the Search Trust Sweepstakes,” Jan.20, 2006; MSN

Search’s Weblog, Privacy and MSN Search, January. 20, 2006;

NYT, “Google Resists,”  Jan. 20, 2006; Schneier on Security;

Daniel Solove, “Government vs. Google,” “Perhaps Do Some Good“,

Jan. 20, 2006; and Deep Links, “DOJ Gone Google-Fishin’)

 

                                                                                  GoogleSign

 

Your strategy, as we understand it, is to show that (even with por-

nography websites using special filters to keep out minors) children

can now enter innocuous queries into search engine and be taken to X-

rated websites.  Contrary to advice from our counsel, we, the editorial

staff and proprietor of f/k/a, are writing at this time, in case the Depart-

ment is also concerned about the inverse situation, where perverted or

kinky-sounding search questions lead to perfectly innocuous websites

and materials, such as ours. 

 

We refer to such visitors as “Inadvertent Searchees” and — to our great

regret — a significant portion of our website hits fall into the IS category.  

We are writing in a good-faith effort to deter any future investigation of us

by your staff, due to our receiving those wayard hits.    In fact, we believe

that improved search algorithms and strategies by the major search engines,

and better self-imposed filters by each of them, would save blameless sites

like ours from the inadvertent (and unsolicited) visitors.


       “tinyredcheck”  To summarize our position: It’s Google’s fault!

— and Yahoo!, MSN, and Ask Jeeves, too.   We can’t help it

if our poetry and commentary cover many aspects of life, which

get twisted and connected out of context by poorly-designed

software. Cf. a Google blind date (May 13, 2005)

 



using his nose
the dog searches
the violets

    


     translated by David G. Lanoue

 

     holy family We have no idea how many of f/k/a‘s Inadvertent

Searchees are under-aged.  You can rest assured, however, that

we would never have received the Blawg Review 2005 Creative

Lawyer Blog Award, if we were not a family-friendly website. 

[By the way, as we hope you know, f/k/a means “formerly known as,” and

is not an alternative or deceptive spelling of a term that is often preceded

by the word “mother-” and found in unsavory places and mouths.]

 






night in the hut
searching on the shelf
. . . katydid

 


       translated by David G. Lanoue


 

With that explanation, we want to list for you a representative sample

of questionable search terms that have resulted in Negligently Inadvertent

Search Results, leading to our site.   You can find a perfectly innocent

explanation for each of them by going to our Inadvertent Searchee pages 

and doing a little scrolling.

 

“googleSignN”


For example, although each of the following queries yielded

a link to an f/k/a post at or near the top of Google or Yahoo!

search results, we were clearly unjustly selected, as our

materials were neither published with lascivious intent, nor

aimed at either children or so-called Mature Audiences, and

had no connection whatever with bestiality, illegal drugs, or

either satanic or bondage rituals.





 



 






waiting undressed

for the new doctor –

cold feet

 

    dagosan

 



 







a good pout

rudely interrupted

by impatiens

 

   dagosan

 







the farting contest

begins again —

winter seclusion

 

   Issa,

     translated by David G. Lanoue

 



 




fires on the mountain –

look like Buddha

look like devil

 

    Issa,
     translated by David G. Lanoue

 


 







late summer–
baring the tan line
on my wrist

 

     Alice Frampton



 


 

family picnic

the new wife’s rump

bigger than mine

                                           Roberta Beary 

                                              modern haiku 34-3

 







 



     “red hots”

for an instant i’m ten

           and

  father’s still alive

 

       Ed Markowski

 

“spotlightS”

 

While we have your attention, we would also like to

clarify that the proprietor of this weblog has no ties of

any sort with organized crime, and does not espouse

the use of violence (even against members of the bar),

despite the results of the following search queries:

 





 


                                          alito finito Italian>

                                                              AlitoSA

 

giacalone cement>          

 


 


 

                                           omerta in New Jersey>

 

 

 

honest flip Finally, we want to assure all DOJ staffers and 

management that the results of the following search queries

have nothing to do with disrespect for the Office of the

Presidency or the current occupant thereof on the part of

the editors of this website.  Honest.


If you have any questions about any issue or fact

raised above, feel free to contact Prof. Yabut, our

counsel. 

 

respectfully submitted,

The f/k/a Gang

 

p.s.  Because your Department favors the small entrepeneur, we

hope you will leave the folks at Scroogle alone. They are providing

an important service for people who would like to use search engines

anonymously.  (via Robert Ambrogi’s Lawsites, Jan. 21, 2006)  Give

Clusty, which offers clustered search engine results and no tracking,

a break, too.  Finally, please forgive Jon Swift his trespasses — all

those excuses sound pretty good to us. Thanks.


 

                                                                                   HornHulkJusticeNS

 

hotham = haiku

Filed under: pre-06-2006 — David Giacalone @ 5:35 pm

Got haiku?


 




loud wind–

the bed unmade

all day

 








 

 

my move

their move

morning clouds

 

 

 

rook horiz  pawn

 

 



a pile of orange peelings–

the night watchman

away from his desk

 

 

 

 

 

 

 


green light

from a green bottle

winter morning

 





 

                                                                                                                                                                     pawn horiz

January 21, 2006

a short visit with carolyn

Filed under: pre-06-2006 — David Giacalone @ 4:15 pm

Our punditry won’t be ready until after sunset and dinner,

today.  [update (9 PM): too much food, perhaps laced

with too much MSG, has left me in no condition for compo-

sition.  If the creek don’t rise, I’ll be opining here tomorrow,

so please come back.]

 

Happily, Carolyn Hall did her homework:







 


 



last of the sunlight
cows bounding
downhill

 

 

 

 

 

 

 
icicles drip on the sill

   a pile of bills waiting

        to be paid

 

 

 

 

 






leaning back

in their chairs

old friends reunited

 

 











“snowflakeS”


 

 









into

the

rain-

filled

bucket

so

softly

hailstones

 

 

Carolyn Hall  from .

“last of the sunlight” – The Heron’s Nest (Vo. VI, 2004)



“icicles drip” – Acorn 3; A New Resonance 2 

“leaning back” – Frogpond XXII:3; A New Resonance 2 

“into” – Acorn 5 (2000); Haiku: A Poet’s Guide, by Lee Guruga   


                                                                                                                                                     “snowflakeS”

 

checked box neg  Don’t forget: You can get your daily dose of


 

January 20, 2006

m.d. welch checks in

Filed under: pre-06-2006 — David Giacalone @ 5:19 pm

 




old folks’ home

     the square of light

          crosses the room

 

 

 

“welch old gray”


 

 

 

 


morning sun–
  a patch of frost
     in the holstein’s shadow

 

 

 

 

 

 





reading in bed
my pulse flickering
the lightly held bookmark



 
Welch22reading 


 

 

 

 

first date

    letting her

put snow down my neck

 

 

 

 

 

 

 







accumulating snow–

oven mitts

praying on the counter

 

 

 

 


“first date” –  edge of light: RMA 2003

“morning sun” – pegging the wind: RMA 2002

“reading in bed” – Open Window –  haiku and photographs

“old folks’ home” – Open Window – haiku and photographs 

“accumulating snow–”  frogpond XXVIII: 1 (Winter 2005)

 

 

 




from the shower,

a sad love song —

bathtub cricket

 


 

“snowflakeS” potluck


tiny check  Carolyn Elefant muses over why so many lawyers in BigLaw firms 

seem to want to escape.   She points to Orin Kerr, who is also wondering

whether the trend of blogging anonymously and snagging a book deal might


“creative” pseudononymous weblogging will snag him a min-series by year’s

end.

 

                                                                                                                          help with mistakes

 

PSST!  In reaction to our post “we should make the word “blawg” obsolete“, the

Editor of Blawg Review sought expert assistance from linguist Mark Liberman at

Language Log.  I don’t think Ed got much solace.  Check it out. The touchstone 

for acceptance of a neologism into the general language is its use and acceptance 

by the public.  I do wish that Liberman had read the article behind the headline that

was misleadingly cited by Ed. (See ‘Blawg’ use in law firms is on the rise.) The head-

line suggests that law firms use the word “blawg” more than ever, but the article never

broaches that topic; it merely says law firms have more weblogs now. 

 

“snowflakeS” “snowflakeS”


 

January 19, 2006

we should make the word “blawg” obsolete

Filed under: pre-06-2006 — David Giacalone @ 4:08 pm

I just posted a lengthy essay on the above

topic.  It’s in the form of an Open Letter to

the Editor of Blawg Review.     Go here.

 

This is the opening: 

 





“Whether or not a neologism continues

as part of the language depends on many

factors, probably the most important of which

is acceptance by the public.”

                                     WikiWhat / Answers.com

 


“Words become obsolete or archaic for any

number of Reasons.”

                        Christopher Orlet –

                          Existential Journalist

 


Dear Blawg Review Editor [“Ed“]:

 

I’ve come to know you as an articulate lover of the English language. 

As far as I know, you don’t say “lawgic” or “lawnguage,” drink “lawtte,” 

bill clawents, or use Blawk‘s Dictionary. You don’t call lazy associates

 “slawkers,”  and have yet to dub Jack Abramoff a “lawbbyist.”

 

You’re usually a skeptic and no fan of “cute.”  If linguists called their

weblogs “blings” (or argonauts called theirs “blargs”), you’d probably 

smirk.  But, note: no one else uses such verbal oddities in naming their

weblogs.  So, Ed, why do you, and other otherwise-serious members of

the legal community, refer to law-oriented weblogs as “blawgs?”  Why

take an insider pun by a popular lawyer-webdiva (which should have been

passed around and admired briefly as a witty one-off) and help perpet-

uate it?

 

thesaurus   For much more Go here.


update (Jan. 20, 2006): The Editor of Blawg Review has responded

to this posting by acting as if the issue were whether one has a

right to make new words.   Our point is, of course, that all words

are not created equal and that “blawg” fails virtually all of the tests 

for a useful word that is worth keeping and, more important, worth 

using (especially by a profession accused so often of using words

that confuse and that set it apart).  [more inside]

 


what my words can’t explain —
the autumn sun
on your back

 

 

 

 

 

 


coyote moon small  

 




a coyote call

goes unanswered

evening star

 

 









back again


the driftwood thrown


with all my strength


 

 

 

 

 

 

 

explaining it,


my life sounds frivolous


holly berries

 

 

 

 

 



what my words can’t explain” – The Heron’s Nest

“a coyote call” – Acron No. 6 (Spring 2001)

“explaining it” – acorn haiku magazine


“back again” – pegging the wind, 2002; acorn

 

                                                                                                               dictionaryN

 

January 18, 2006

Roberts: a “Serious Catholic” dissent against euthanasia?

Filed under: pre-06-2006 — David Giacalone @ 12:27 pm

As SCOTUSBlog noted yesterday, Gonzales v. Oregon was the first time

Chief Justice John Roberts has dissented to a Court decision. The Chief

joined the dissenting opinion of Justice Scalia, and did not write separately.

The case upheld an Oregon law that permits doctors to prescribe medica-

tions in certain assisted suicide situations. [See NYT, “Fraught Issue, but

Narrow Ruling in Oregon Suicide Case,” Jan. 18, 2006]

 

We can’t know what was on Justice Roberts’ mind, other than the issues

discussed by Justice Scalia. Nonetheless, it’s impossible not to wonder

whether the following 2004 statement by then-Cardinal Joseph Ratzinger,

who is now Pope Benedict XVI, played an important role:

 

Benedict16

The Church teaches that abortion or euthanasia is a grave sin.
The Encyclical Letter Evangelium vitae, with reference to judicial
decisions or civil laws that authorise or promote abortion or euthanasia,
states that there is a “grave and clear obligation to oppose them by
conscientious objection. […] In the case of an intrinsically unjust law,
such as a law permitting abortion or euthanasia, it is therefore never
licit to obey it, or to ‘take part in a propoganda campaign in favour of
such a law or vote for it’”. Christians have a “grave obligation
of conscience not to cooperate formally in practices which, even if
permitted by civil legislation, are contrary to God’s law. Indeed, from
the moral standpoint, it is never licit to cooperate formally in evil. […]
This cooperation can never be justified either by invoking respect for
the freedom of others or by appealing to the fact that civil law permits
it or requires it.”

We have opined at this website that John Roberts appears to be a “serious

Catholic” who would feel a moral obligation to act on the above statement,

which is directed at Catholics in public life. [see our prior post here]

JohnRobertsPix

 

The Chief Justice joined the dissent of Justice Scalia (with concludes that the

term legitimate medical purpose . . . surely excludes the prescription of drugs

to produce death”), rather than Justice Thomas’ dissent (with its focus on the

inconsistency with the Raich v. Gonzales precedent, which struck down

California’s medical marijuana laws). That at least suggests that John Roberts

had moral issues on his mind more than statutory construction and stare

decisis. (Those same priorities might also be on Steve Bainbridge’s mind,

as well as the gang at Mirror of Justice.)

update (Jan. 19, 2006): Robert Tsai offers his take on the Roberts’

DIssentat Concurring Opinions (Jan. 18, 2006), including that

“He, like Scalia, is willing to read Congress’ enumerated

powers broadly (and the core of state’s rights narrowly in

advance of national interests)–even when the strongest

interest appears to be in cultivating moral standards. This

is bad news forproponents of interstitial federalism.” [“Hail

to the (New) Chief: Death With Dignity — Part III”]

Reid Report suggests we “Recall that during his hearings, Roberts

demurred on the ‘right to die’ issue.” Also, TalkLeft gathers editorial

responses from the press (“Pro-Life Groups to Urge ‘John Ashcroft,

MD Law’,” Jan. 18, 2006). And, Prof. Bainbridge frets that “Scalia

Scuttles Federalism” — and it “no longer seems possible, however,

to believe that he is developing a coherent conservative jurisprudence.”

That suggests that (a) Steve may not be particularly in sync with

Scalia’s “public morality” position, and (b) Steve has the untenable

notion that there can be a monolithic “conservative jurisprudence”

and that it will hold all the anwers to every judicial decision.

processional

cold wind lifts one corner

of the pall

 


cathedral garden


cardinals in the birdbath


scatter drops of light




into the night 
we talk of human cloning
snowflakes

witnessing his will

the frost-hatched

pane


Peggy Lyles from To Hear the Rain (Brooks Books, 2002)


Full moon by her bed

my daughter asks

the meaning of death



The stone church quiet

after the funeral bell —

deepening snowfall

autumn evening–

yellow leaves cover

the plot reserved for m



Rebecca Lilly Shadwell Hills (Birch Brook Press, 2002)

“Autumn evening” — A New Resonance 2; Modern Haiku XXX:2

window neg





does Overlawyered know about Vonnegut?

Filed under: pre-06-2006 — David Giacalone @ 12:21 am

Walter Olson has been all over the Tobacco Lawsuit Industry at his

Overlawyered.com website for years.  So, I was surprised today —

while listening to Kurt Vonnegut‘s latest book, A Man Without a Country 

(Seven Stories Press, Sept. 2005) — to hear a new legal theory for suing

big tobacco that has not been exposed yet at Overlawyered.  Vonnegut

explains (at pp 3940):

 

                                                                                     VonnegutMan


“I’m going to tell you some news.  …  Here?s the news: I am

going to sue the Brown & Williamson Tobacco Company,

manufacturers of  cigarettes, for a billion bucks!  Starting when

I was only twelve years old, I have never chain-smoked anything

but unfiltered Pall Malls. And for many years now, right on the

package, Brown and Williamson have promised to kill me.  But

I am now eighty-two. Thanks a lot, you dirty rats. The last thing

I ever wanted was to be alive when the three most powerful people

on the whole planet would be named Bush, Dick and Colon.”

[update: An anonymously curious reader wonders whether Kurt

borrowed the “three most powerful men” line from Chris Rock,

or vice versa.]

Of course, after today’s Supreme Court decision in Gonzales v. Oregon,

B&W might force Vonnegut to mitigate damages, by moving to Oregon

and finding a willing doctor.   [And see Vonnegut’s novel from 2001,

God Bless You, Dr. Kevorkian.] Still, I count on Walter to keep me up

to date on issues like this, so I’m a little disappointed.


tiny check  Speaking of disappointment and broken promises, this

thin little volume (declared by its publisher to be “The first

major book to appear from Kurt Vonnegut in nearly a decade.”)

did not have enough new or unique wit or wisdom to be worth

my 2.5 hours of listening time, and does not deserve to be called

a “major book,” by an author who has indeed written many such

books.   The best one-liners could have filled a couple pages.  My

main theory of liability, however, would not be against the publisher

for over-touting, but would be against Kurt Vonnegut for breaking his

promise to write no more.”   Hey, you never know.

 

afterthought (10 AM):  Maybe I’m being a little too tough on old Kurt.

Part of my problem with the book is that he says so many things

that are simply common sense to me — opinions I’ve held for a long

time.  Two good examples:



(1) “There is a tragic flaw in our precious Constitution, and I don’t

know what can be done to fix it.  This is  Only nut cases want

to be president. This was true even in high school. Only clearly

disturbed people ran for class president.”  (at 101 to 102)

 

                                                                              commandments

 

(2) ” . . . vocal Christians among us never mention the Beatitudes.
But, often with tears in their eyes, they demand that the Ten

Commandments be posted in public buildings. And of course

that’s Moses, not Jesus. I haven’t heard one of them demand

that the Sermon on the Mount, the Beatitudes, be posted

anywhere. “Blessed are the merciful” in a courtroom? “Blessed

are the peacemakers” in the Pentagon? Give me a break.” (at 98)

[see our treatment of the Sermon on the Mount here, here, there,

and here]

 

NoSmokingN   

 

tiny check  On the other hand, I must admit that I smiled broadly at

Vonnegut’s mention of Schenectady, my adopted hometown: 


“I got classified as a science fiction writer simply because I

wrote about Schenectady, New York. My first book, Player Piano 

[1952], was about Schenectady. There are huge factories in

Schenectady and nothing else. I and my associates were engineers,

physicists, chemists, and mathematicians. And when I wrote about

the General Electric Company and Schenectady, it seemed a

fantasy of the future to critics who had never seen the place.”

[emphasis added]


Of course, GE is no longer headquartered in Schenectady, and has about

5% of its peak number of employees stationed here.  I wonder what Kurt

would think about that.  Talk about nothing here.  Talk about futuristic.

Now that Walter has a heads-up on the “still living after all these years” cause of

action, I’m counting on him to keep us posted. 


 



news of his death

the cigarette smoke rises

straight up

 


 

 

 

 

“noSmokingR”



 

goblins at the door

in the darkness behind them

a cigarette flares

 

       John Stevenson from Some of the Silence 

 

 






 

 

 

 

 

 

the slow wobble

of a smoke ring

   


     ed markowski 

 

 

                                                                                                VonnegutManN





 

January 17, 2006

dancin’ on thin ice

Filed under: pre-06-2006 — David Giacalone @ 8:08 pm


Over at simply senryu, we’ve been having a discussion

today about the advice:


“if you’re walkin’ on thin ice, then you might 

as well dance”

“SkaterSignNF”

 

I’ve been trying to locate the source of the maxim. Last

January, I posted the words to the 1972 song “Do It” by

Jesse Winchester, from the LP “Third Down, 110 to Go,”

which was my introduction to the notion:


          Do It

If the wheel is fixed
I would still take a chance
If we’re treading on thin ice
Then we might as well dance
So I play the fool
But I can’t sit still
Help me get this rock
To the top of this hill


Do it
‘Til we’re sick of it
Do it ’till you can’t do it no more






      JWinchester3rd

Erick Houck Jr. had seen it recently and first brought

up the quote, in reaction to this dagosan senryu:





new ice
on the river –
still can’t walk on water

 

Matt Morden pointed to this article by a hypnotherapist,

who saw the slogan on a button.  About.com says the

author is unknown.  About did, however, quote this

Japanese proverb: “We’re fools whether we dance or

not, so we might as well dance.”

 

The Layabouts used the line repeatedly in the chorus

of their 1989 song “Thin Ice(lyrics by Ralph Franklin),

from their “Workers of the World Relax” album. 

 

KirbyThinIce


 

Key West (via NH) singer-guitarist Scott Kirby named

his 1999 album “Walkin’ on Thin Ice, and the title

song incorporates the lyric in question.


tiny check One webchat site has an entry that seems

to suggest that “Fiddler on the Roof” used

the line, but I can’t find the reference, and

am not familiar enough with the play to have

an opinion. (maybe polymath George Wallace

knows) 

How about you?  Do know of any use of this line

prior to Jesse Winchester’s 1972 song “Do It”?  Please

email or leave a Comment, if you can help run down the

original source.

 

 

 

GatesSkateG

original by Arthur J. Giacalone, Esq., in full color

Central Park, NYC, ice rink, “The Gates (March, 2005)

 

 


coldest day of the year

the lone skater laps

his breath

 


 

 


figure skaters on lac la belle pirouetting into snow squalls

 

 

skaterSignN

 

 


cold wind
      the sweep of the speed skater’s arms

 


 

 

 






dancin’ on thin ice?

the old guy’s

doin’ The Slide

 

 

                                                                           dagosan


p.s. All day, while chasing the source of the “might

as well dance” quote, I’ve had this nagging thought:

Thirty-four years ago, at 21, I thought this was a

wonderful quote. Now, in my mid-50s, it seems a

bit rash — which is why I would recommend, if you

must dance, that you do The Slide and avoid jumping

up and down. Of course, getting down and rolling is

probably the safest way to go.

 



“snowflakeS” potluck – more thin ice


tiny check In Gonzales v. Oregon [No. 04-623, Jan. 17, 2006; Scalia dissent; Thomas dissent],

the Supreme Court upheld an Oregon law that permits doctors to prescribe medica-

tions in certain assisted suicide situations. (SCOTUSBlog explains).   As often

happens when a strongly held personal belief is involved, Prof. Bainbridge seems

to have misplaced his legal analytical mind.  Steve declares that he is “confused”

and cries out:


“I”m sure there’s some hypertechnical explanation for why this all makes

sense, but do we really want unelected and unaccountable judges deciding

key social issues on the basis of hypertechnicalities?”

 

                                                                                                             “questionDudeS”

That’s right, a law professor overwhelmed by technicalties and distinctions.

The Court upheld a state legislative choice over a questionable regulation by the

unelected, non-expert U.S. Attorney General.   If you’re not simply looking for

results-oriented judging, it seems to me that Mark Zuniga  got it right at his

Hanging a Shingle weblog:


I think the important difference here is that Marijuana was

classified in the federal law as a drug that can never be pre-

scribed while the drugs used in the assisted suicides may be

prescribed for a “legitimate medical purpose.” The narrow

holding of the Court appears to be that the statute leaves the

question of legitimate medical purposes to the states. What

we don’t know is whether Congress could actually outlaw

suicide as a legitimate medical purpose. That probably is

coming.

“noyabutsSN”  Matt Homann says he likes to “think Big Thoughts,” but it

always looks like he wants lawyers — under the guise of “value pricing” — to

“think Big Fees.”  On Jan. 11, he pointed to the article The Price is Never Wrong,


calling it “Good practical introduction to concepts of price vs. value.”  In

it, the author brags about how much easier it was to sell a seminar he gives

for $6500 than for $1500 to $2000.   As I stated in “ethics aside”, and the

materials linked there, modern psychological marketing techniques may be

acceptable in some businesses, but the legal profession needs to have

higher ethical criteria.  The notion of unreasonably high fees can’t be avoided

because a lawyer can fool a client into accepting the “value” of a tripled fee.

That “value billing” approach is skating on ethical thin ice, even if the lawyer

gets to dance all the way to the bank.                                                                  



                                                                                              KirbyThinIceN

 

January 16, 2006

snow bocce update — Haijin Snow Bocce Festa

Filed under: pre-06-2006,Schenectady Synecdoche — David Giacalone @ 7:29 pm

We’ve got big news for fans of bocce, snow and haiku: the
first-ever New York Capital Region Haijin Snow Bocce Festa
was held on Sunday, January 8, 2006, in Schenectady’s Central
Park. To our knowledge, it was the first all-Haijin Snow Bocce
event on this (or any) continent (or island).

[“haijin” are people who write haiku and related literary forms.]

BocceBallsN

Participants were

John Stevenson of Nassau, NY. JStevenson
who is editor of Frogpond.

YChang Yu Chang of Schenectady, founding
member of the Route 9 Haiku Group (along with
John Stevenson and Hilary Tann), and

f/k/a’s editor, David Giacalone [a/k/a dagosan], boy writing
also of Schenectady, NY.

Preparation for the competition portion of the Snow Bocce Festa
included a long lunch, at the home of Yu Chang, near the Park,
featuring Chinese dumplings that were prepared, along with other
delicacies, by Professor Chang.

bocci The actual bocce competition was an adventure, as none
of the players had previous experience with snow bocce. Conditions
in a thinly wooded section of the park were optimal, with varying sur-
faces — both smooth and uneven ice and both powdery and ice-
crusted snow. There was three to six inches of snowpack, and little
wind.

Some observations:

– the game was, at the same time, very much like and
very much different from traditional “informal” lawn bocce.
– no special rules were adopted for play on snow
– the pallino was often difficult to see (except by John) snowflakeS
– the bocce balls, as might be expected, skidded on
ice and made nice, round, deep holes in soft and ice-
crusted snow
snowflakeS – a passing bocce ball can often cover the pallina with
a spray of snow
– unlike play on lawns or courts, balls can sit atop
each other in snow bocce, raising interesting measuring
issues
– putting backspin on the ball was often useful
– it didn’t take too long to get used to wearing gloves,
and to playing with cold hands and feet

Yu brought a mini-video camera, which did nothing to improve the quality of play, but did memorialize portions of the contest, which dagosan eventually won.

USBFLogoF

Despite the participation of two veteran and one newbie journey-

man haiku poets, the competition has not yet inspired a rash of

poetry (or, perhaps, John and Yu are saving them for publication

in their Upstate Dim Sum journal). As they are produced by

dagosan and submitted by Yu Chang and John Stevenson, they

will be shared with f/k/a‘s audience and added to this posting.

Snow Bocce Festa –
my back remembers
more than my brain

dagosan

 

snow bocce
left the pooper scooper
at home


dagosan at simply senryu



 

snowflakeS The Festa was unanimously declared a success, and future Snow

Bocce Festa will be staged. We hope to entice Hilary Tann, Tom

Clausen and other haikuists to join the fun — and the agita.

winter evening

a cafeteria tray

at the end of the slope

Yu Chang

Upstate Dim Sum 2003/I

 

 

first snow

what a racket

from the geese

John Stevenson

from Quiet Enough

p.s. It’s cool, but it’s not fluffy. Check out

Blawg Review #40, hosted by Anita Campbell at her

award-winning Small Business Trends weblog. Good

stuff.

USBFLogo

martin luther king, jr: a dream plus courage

Filed under: pre-06-2006 — David Giacalone @ 1:20 pm

Martin Luther King, Jr., walked the walk. He knew that achieving a dream took commitment and courage. Two prior posts from this weblog are worth repeating:

Martin Luther King, Jr.’s legacy has many aspects. His hope for a color-blind and truly integrated America truly inspires me. But, I want to point out the courage it took to take the stances he took, when and where he took them. Rev. King understood — unlike many who claim to be engaged in civil disobedience today (see our post) — that Civil Disobedience entails “Risking punishment, such as violent retaliatory acts or imprisonment” in an attempt to bring about changes in the law.” And, unlike today’s “slacktivists” who feel selfrighteous making meaningless gestures, Rev. King knew that meaningful change takes a lifelong commitment of time and energy and sacrifice.

MLKJg

To convert slacktivism back to effective activism, it seems important for the politically disappointed (I’m one of them!) to remember:

  • – activism takes action
  • – likely results are highly correlated with amount and duration of effort
  • – preaching to the choir is not an effective way to change minds, and neither is self-congratulation over your moral or intellectual superiority

Click here to read Coretta Scott King’s message on the meaning of the King Holiday.

Martin Luther King Day —

they say it’s too cold

to march

 

. . . by dagosan

 

ChangYyu chang

just long enough

to leave an impression

dragonfly

boundary dispute

the dead tree

still standing

snowflake giving color

to a dry reed

blackbird

snowflake snow blower

a sharp edge

at the property line

vacant lot

dandelion fluffs

and children’s laughter

flu season snowflake

she refuses

my hand

 

wish you were here

this very moment

shooting star

new dean

all blackboards

turn white

yinyang

evening class

a toddler comes in

with her mother

 

……………….. by Yu Chang – from Upstate Dim Sum/ Rt. 9 Haiku Group handshake mf

“just long enough” – (2005/I) “boundary dispute” – (2003/II)

“vacant lot” & “flu season” – (2004/I) “evening class” – (2002/II)

“giving color” – (2004/II) “snow blower” – (2005/II)

“wish you were here” – (2002/I)

 

 

 

 

 

 

January 15, 2006

not enough calculation

Filed under: pre-06-2006 — David Giacalone @ 9:21 pm

Like millions of Americans, I’m watching the two-hour

season’s premiere of Fox Network’s 24.  [former President

David Palmer‘s assasination means All State won’t be losing

its newest spokesman-actor.]  But, I owe you some Honored

Guest haiku.

 



LanoueSelf    Here’s a half dozen from David G. Lanoue‘s
haiku novel Dewdrop World (2005).  Remember, he’s offering

the novel as a free download, as thanks for post-Hurrican Katrina

generosity. Our prior post, a great free novel, has more details.  

 

 







a happy little horror

the headless

tulips 

 

 

 


in full battle make-up

she rollerblades

by   

 

 




 


afternoon nap

our bare bottoms

kiss

 

 

 

femaleSym  maleSym

 

 

 

after dreams

drool

on the pillow

 

 

 

 

 

 

 

 

 

in rain with folded hands

philosopher

squirrel 

 

 






feet2

 

 






enough calculation!

surrender to the mountain

oh feet 

 

 


click for free download)

 

 

 




new novel

the sun sets

without me

 

     dagosan

 


potluck


tiny check An NYT editorial yesterday made a very important point about

America’s pension system denial. The Pension Deep Freeze,

Jan. 14, 2005: 


“As a society, we have proved unwilling to deal in

any comprehensive way with the looming retirement

crisis that is likely to occur in the years when the baby

boom generation leaves the workplace. The deal between

workers and businesses is breaking down, and there is

nothing to take its place. It is incumbent on our elected

leaders, along with business and labor leaders, to confront

this issue now. Poor investment decisions or a market

downturn as an employee is entering retirement and needs

to draw on the funds can be the difference between a secure

retirement and an old age spent in poverty.”

For years, Prof. Yabut has said: If you want to see a voter revolution,

wait until millions of Baby Boomers realize they will be very like to

live their retirement years in poverty.  We’ve got some plannin’ to do!

 

                                                                                         feet2n

 

January 14, 2006

staying indoors with pamela

Filed under: pre-06-2006 — David Giacalone @ 6:40 pm


It’s been a cold, damp, rainy Saturday in Schenectady — and it’s changing

into “wintry mix” outside.  Therefore, I’m staying indoors for the duration,

keeping warm and enjoying the company of haijin Pamela Miller Ness:

 

 

 

trapped

in the bridge’s silver spokes

                     bloodred sun

 





 

 






small gallopping feet

on a collision course:

forehead & corner

 

 

 


 

 




daybreak

shifting his sack of cans

shoulder to shoulder

 

 

 

trikeG

 

 

 


after all these years

     ankle deep

in the other ocean

 

 

 

 

 

after chemo

wanting only to read

seed catalogues

 

 

subwayN

 

 









hot train station

the sudden rush

of his cologne

 

 

 







“small gallopping feet” – driveway from childhood (1997)

“trapped” –  pink light, sleeping (Small Poetry Press, 1998) 


 “after Chemo” – Acorn 2;  “hot train station” – Frogpond XXIII:3

 “after all these years”: Frogpond XXI:2; “daybreak” – Frogpond XXIII: 3


 

potluck 


 checked box I want to commend Prof. Eugene Volokh for his continued

efforts to defend the ACLU — with whom he very often disagrees — against

unfounded criticism by those with whom he often does agree.  Prof. V.’s

approach should be applied by people from all parts of the political and

philosophical spectrum.  In part, he says: 


“If liberals are wrongly faulted by conservatives, we conservatives

should correct those errors. (Don’t argue please that liberals don’t

do the same when the shoe is on theother foot; some do and some

don’t, and in any case their failingswouldn’t excuse our failings.)”

 

“[W]e’d both open ourselves up to making false allegations (which

is bad itself) and look foolish (which is bad instrumentally) if we fall

into a visceral hostility to the ACLU that clouds our judgment, and

leads us both to ignore the correct positions that the ACLU takes

and to misstate the ACLU’s supposed errors.”

 

                                                                                                                                                             “batmoonN”

 

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