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

March 16, 2006


Filed under: pre-06-2006 — David Giacalone @ 11:46 pm

It’s “March Madness” time. That means I have to feign much more

interest in collegiate basketball than I’ve ever actually had. (Even when

my alma mater Georgetown was big-time, I never really watched until

the second half.) So, I’ll go along with some of the hoopla, but I’ve

got to say this: “I am already totally sick of the phrase “‘The Big Dance‘.”

It’s over-used every year by our small-city, cliche-mongering tv sports-

casters, but — to my dismay — the Big-Dancers are in hyperdrive this

week in the NY Capital Region, which is not a mecca for big-college

basketball teams.


However, for the first time ever, the University of Albany has received an

invitation to the NCAA men’s basketball, Division I, tournament — and, it

is playing the University of Connecticut tomorrow in the first round. Nat-

urally, since the 16th seed is playing the #1 seed, we are also being

pounded with David vs. Goliath metaphors. (Lord, help me!) See Capital

New 9, “Great Danes make history,” March 11, 2006; Danbury Times,

Great Danes Set for the Big Dance, March 14, 2006; WNYT.com-13,

Great Danes depart for Big Dance, March 15, 2006.

Things have gotten so bad, that I’d even rather see this Big Dance. [update: The OnSports weblog echoes our sentiments in the posting “Journalists are ready for the Big Cliche,” March 20, 2008]

update-too-late (March 17, 2006): Sports Economist Skip

Sauer offered “Economic Angles to the NCAA Bracket Pool

yesterday. It may be too late to use the angles for your own

picks, but you might want to compare your techniques with

some of the suggested ones.

Danes at The Dance update (March 17, 2006, 11 PM): Ahead

by 12 points with eleven minutes remaining, the UAlbany Great

Danes found out why UConn was the #1 seed, losing 72 – 59.

(No, I’m not going to make believe my heart is broken or I’m

waiting until next year to get back to da Dance.)


the shadow of a skyscraper falls across
the basketball court

calligraphy class
the point guard
pens a nike swoosh

ed markowski

checked box neg One of the things I like the best about our local altnerative

weekly newspaper, Metroland, is the custom of planting authentic-looking

ads of the humorous variety. (remember MuzzleMate?) Well, today’s new

edition included a special treat for St. Patrick’s Day. .

Irish Setter Stew

– made from tender young Irish Setter puppies!

– Perfect for St. Patrick’s Day!

– see the ad enlarged here

tiny check The more intellectual or law-oriented reader might want to

check out the column on The Broadcast Flag by entertain-

ment and I/P lawyer-lecturer (and drummer) Paul Rapp. He

says the Republicans are carrying the industry’s water up

the Hill on this one. (“Metroland, “Flag Burning,” March 16,


The f/k/a Came From & Keyword statistics pages also made

me smile today. It seems that someone was interested in the Early

Bather lawsuit and Googled Sheldon Smith, esq>. Wouldn’t you

know it, our post on the topic was the #1 result out of 212,000 hits.

The query Sheldon Smith” lawyer> also brought up our post first.

So, is “Mommy made me do it?” a good defense for a frivolous lawsuit?

“tinyredcheck” Enough of lawyers and basketball and sick puppies.

Today, I came into possession of a copy of the very

first edition (1974) of The Haiku Anthology, edited by

cor van den heuvel. As I had hoped, the poems selec-

ted are different than those in the 3rd edition.

Here are a few poems by gary hotham from the original

Haiku Anthology:

stalled car,

foot tracks being filled

with snow.


crows gather

on a distant grove

of bare cherry trees

Deserted tennis court

wind through the net

sunset dying

on the end of a rusty

beer can

gary hotham

The Haiku Anthology (C. Van den Heuvel, ed,

1st ed. 1974)


“o” for oversight

Filed under: pre-06-2006 — David Giacalone @ 8:18 pm

As founder of lexBlog, Kevin O’Keefe would appear to be quite savvy

about the presentation and content of lawyer weblogs.  Yet, until revealed

this morning by Ben Cowgill, lexBlog’s Kansas Family Law Blog included

some very prominent lawyer weblogs in a blogroll labelled “LexBlog network,

although they have no connection of any sort with lexBlog.  See Ben Cowgill

on Legal Ethics, “Is your blog part of the ‘LexBlog network’? (you might

be surprised by the answer),” March 16, 2006. 




In a Comment in reply, Kevin seems to suggest that the situation caught him

by surprise, and says:

“It was an oversight that a blogroll was labeled a network as

opposed to lawyer or other blogs.”

Two years ago, Kevin’s “oversight” led him to leave out (see this prior post)

the core notion in Rebecca Blood‘s conclusion that weblogs really do build

reputations quickly — the need for hands-on self-education: 

“By maintaining a weblog that is tightly focused on a particular

subject, these weblog editors educate themselves by searching

the Web daily for news and information pertinent to their area of

expertise, exercising judgment in weighing the relevance or impor-

tance of what they find, and articulating their thoughts on links that

they decide to include, either by summarizing the article or by analy-

zing the material presented.   It is what experts do, and this practice

will speed anyone’s progress to that end.”

Similar “oversight” apparently caused Kevin to leave out of his lexBlog promos,

back in 2004, the fact that all third-party materials on a lexBlog weblog would be

marked as being provided from a different source.  (see our post and the conces-

sion drawn out by Denise Howell’s probing questions at Bag ‘n’ Baggage)  Of

course, it is not the least bit clear to me that merely sticking a copyright symbol

with another entity’s name after such third-party content will, as Kevin asserted,

“make clear that the [lexBlog] lawyer did not write it.”  Will the target public know

the difference? (For more, see Ben Cowgill’s post this evening on chasing a rabbit,

March 16, 2006).




When it comes to marketing his products, then, it often appears that Kevin needs

far more “oversight” — “Watchful care or management; supervision,”  in order

to avoid such embarassing oversights — “An unintentional omission or mistake.”

(American Heritage Dictionary, 4th ed., 2000)  Perhaps hiring a marketing/ethics

consiglieri might be a good idea — someone who can draw Kevin’s attention to

practices or claims that are likely to be seen as misleading or deceptive.


One place for the new consiglieri to start might be the marketing of lexBlog’s

lexPremium service, which begins by asserting that providing third-party content




Solidify reputation as trusted expert 


This is the plan that will utterly solidify your reputation as a trusted

expert in your field and locale. With our Premium service, you’re

launched to the forefront of your area of practice, perceived as a

leading authority by the public, colleagues, the media and clients.

tiny check This is the same issue raised by the truncated Rebecca Blood quote

in 2004. It’s building reputation on the cheap — it’s selling the appearance of ex-


“tinyredcheck” All of this puts me in mind of Homer, Horace and Pope.  Like

Horace, I know that “Even the worthy Homer sometimes nods.”  But,

I also remember the warning of Alexander Pope:

 “Those oft are stratagems which errors seem, Nor is it

Homer nods, but we that dream”

None of us knows what’s in Kevin’s mind or heart.  You’ll have to decide for your-

selves whether Horace or Pope gives us the better guidance about lexBlog. 


p.s. In a comment at his weblog, Kevin states today that “LexBlog has achieved the

success it has because we’ve acted ethically, honestly and with integrity at all times.”


trusting the dog
to guard the gate…





I entrust my home
for the night
to mosquito-eating bats






simply trust,
simply trust!
cherry blossoms in bloom



    translated by David G. Lanoue





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