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

October 13, 2007

EQ quickie: email and emoticons

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 1:20 pm

Daniel “Emotional Intelligence” Goleman’s op/ed piece this week “E-Mail Is Easy to Write (and to Misread)(New York Times, Oct. 7, 2007, image by Stuart Goldenberg) came at a time when I’ve been particularly plagued by email mis-communications. Even people I thought knew me rather well — including knowledge of my continental, offshore, and international reputation as a troublemaker and verbal prankster, my penchant to use hyperbole to show mock shock, and my longstanding, stubborn, well-known, refusal to use emoticons to warn of the use of irony or humor — have been inadvertently insulted (on their own behalf and that of their God-of-Choice) by messages sent with neither rancor nor ill intent.

embarrassed
by the lavish praise
I imagine getting

empty bottle
a few words
I would like to take back

……………………… by John Stevenson
“phone message” – Geppo, Sep/Oct, 2006
“empty bottle”- Quiet Enough (2004)

Goleman, who taught us that EQ is often more important than IQ, last year gave us Social Intelligence: The New Science of Human Relationships. He says:

“New findings [in social neuroscience] have uncovered a design flaw at the interface where the brain encounters a computer screen: there are no online channels for the multiple signals the brain uses to calibrate emotions.

“Face-to-face interaction, by contrast, is information-rich. We interpret what people say to us not only from their tone and facial expressions, but also from their body language and pacing, as well as their synchronization with what we do and say.

“Most crucially, the brain’s social circuitry mimics in our neurons what’s happening in the other person’s brain, keeping us on the same wavelength emotionally. This neural dance creates an instant rapport that arises from an enormous number of parallel information processors, all working instantaneously and out of our awareness.

Goleman explains further that: “In contrast to a phone call or talking in person, e-mail can be emotionally impoverished when it comes to nonverbal messages that add nuance and valence to our words. The typed words are denuded of the rich emotional context we convey in person or over the phone.” Even worse, “there are ways in which e-mail may subtly encourage such trouble in the first place.”

  • “we tend to misinterpret positive e-mail messages as more neutral, and neutral ones as more negative, than the sender intended. Even jokes are rated as less funny by recipients than by senders.”
  • laptop in bed “Sitting alone in a cubicle or basement writing e-mail, the sender internally “hears” emotional overtones, though none of these cues will be sensed by the recipient.”

Of course, it didn’t take the fancy new field of social neuroscience for people to realize the downside to email communication. See, for example, this decade-old discussion, in a piece of email etiquette advice, from I Will Follow.com.:

“Part of the nature of a good one-on-one conversation is the use of visual cues. How important are facial expressions and body gestures to a conversation? A simple eye movement can mean the difference between “yes” and “YES”. What about auditory cues? The results are the same.”

Similar notions were put forth way back in the Second Millennium, by The Southwest Colorado Interactive Learning Network (SCILnet) Project, which explained in Webmail Lesson #11 what the problem is and the purported solution:

“One of the problems often cited with e-mail is that you lose the ability to add any feeling to your message. To overcome this limitation, some users add symbols called “emoticons”. Emoticons are a very clever use of standard punctuation marks to express a human emotion. When viewed sideways they resemble facial expressions.”

The I Will Follow Netiquette guide offers the same explanation for “smilies” or emoticons:

“Since there are no visual or auditory cues with e-mail, users have come up with something called “smilies”. They are simple strings of characters that are interspersed in the e-mail text to convey the writer’s emotions (cues). The most common example is :-). Turn your head to the left and you should see a happy face (the colon are the eyes, the dash is the nose and the parentheses is the mouth).”

laptop in bed What neither the early netizens nor Dr. Goleman bother to acknowledge, of course, is that this lack of one-on-one feedback has existed for as long as we’ve had written correspondence. Whether the medium is pen on paper or pixels on a screen, a written message by definition lacks visual, auditory and (except for those perfumed letters of yore) olfactory clues. Before this old coot gives up his sense of pride and verbal mastery and starts using or recommending emoticons [or the even more annoying jpeg smilies] as a normal part of email correspondence, I’d like to give and see more thought on why email does a poorer job than traditional letters in conveying the meaning and feelings of the writer. (Could it be that we tended to know the recipients of our personal longhand correspondence better than those who get our emails, and who we may well only know through cyber relationships?)

Feel free to use our Comment section to voice your opinions. I’m willing to bet that — as with most situations where quality falters — much of the problem is a failure to give adequate time and attention to the task at hand. For now, I’m going to do my best to make sure that my email correspondence avoids unintended insults, perhaps with an occasional added parenthetical phrase that makes my intentions clearer. In addition, I hope all my email correspondents — as well as readers of this weblog and of my comments throughout the blogiverse — will keep in mind my well-intentioned Statement of Implied Disclaimers. And, as with most human endeavors, lets initially (even you lawyers out there) try to give each other the benefit of the doubt.

p.s. Daniel Goleman introduced most of us to the notion of EQ, in his 1996 bestseller Emotional Intelligence: Why It Can Matter More Than IQ. (well-reviewed here; click for a quick recap of the “Four Components of Emotional Intelligence“)  I’m still amazed at how many otherwise-sensible people are willing to overlook or excuse the emotional immaturity and ineptness of a colleague, friend or family member (and the harm it causes other people), if the low-EQ is attached to a significantly high IQ — and, especially, if accompanied by a large bank account or a powerful position. I think having a high IQ makes the failure to appreciate, nurture and develop ones EQ rather inexcusable.

phone message
from a stranger
with parakeets

a dry straw
in a dry cup
no last words

……… by John Stevenson
“phone message” – Geppo, Sep/Oct, 2006
“a dry straw” – Upstate Dim Sum (2006/II)

december sunrise
the wind tries to deliver
all of the postman’s letters

literary festival
the wind lifts
someone’s words

……. Matt Morden from Morden Haiku

after the quake laptop in bed
adding I love you
to a letter

crackling beach fire —
we hum in place of words
we can’t recall

…………………………………….. by Michael Dylan Welch

first frost
only a dead fly
in the mailbox

computer weary after the search for meaning bills in the mail

……………… George Swede from Almost Unseen (Brooks Books, 2000)

Thanksgiving Day
the emails come
with tunes

mother’s email
X’s after
the :-)

……………………… Hilary Tann – Upstate Dim Sum quill pen neg

twilight
the words of his letter
darker and darker

heatwave
waiting for him to tell me
what i already know

talking divorce
he pours his coffee
then mine

……………………….. by Roberta Beary
“heatwave” & “talking divorce” – The Unworn Necklace (2007)
“twilight” – Woodnotes #29; A New Resonance 2

afterthought (Oct. 17, 2007): I just ran across this apparently serious report on Emoticon Literacy (which looks at differences in emoticon usage and understanding between groups that differ by age and by pattern of computer/internet usage), and I don’t know whether to laugh or cry.

October 11, 2007

recklessly unconstitutional: new local sex offender laws passed yesterday

Filed under: Haiku or Senryu,lawyer news or ethics — David Giacalone @ 3:39 pm

exitSign   update (Oct. 12, 2007): Prof. Douglas Berman asked today, at his Sentencing Law & Policy weblog, “When and how will SCOTUS address residency restrictions?“. Doug says: “All these developments confirm my instinct that it is only a matter of time before the US Supreme Court is going to have to take up legal challenges to sex offender residency restrictions. It is interesting to speculate exactly when and how these issues will come before the High Court.”

Like Doug Berman, I am hoping the U.S. Supreme Court will help end the battles and debates and politico equivocating over the constitutionality of sex offender exclusion laws, by distinguishing its decision in Smith v. Doe, which upheld Alaska’s version of Megan’s Law requiring sex offenders to register their addresses — as not amounting to unlawful ex post facto punishment. Ohio’s 1st District Court of Appeals, in Hyle v. Porter, offered the weak excuses that are typical of lower courts that have taken the easy, superficial (or, as David Hess says, “see no evil”) approach of upholding sex offender bans by blindly pointing to Smith v. Doe (see our discussion on Oct. 7). Far more honest and better-reasoned are cases such as Mikaloff v. Walsh, (Northern District of Ohio, Sept. 4, 2007), which refused to apply Ohio’s sex offender residency law retroactively. The Mikaloff opinion stressed:

“In upholding notification and registration requirements as nonpunitive restrictions, the Doe Court explicitly emphasized that these requirements “[did] not restrain activities sex offenders may pursue but leaves them free to change jobs or residences.” Doe, 538 U.S. at 100.

In addition, see Kentucky v. Baker, (Case Number, 07-M-00604, etc., Martin J. Sheehan, District Judge), which notes that “residency restrictions carry major consequences above and beyond the location of one’s home.” And, see the John Does I – IV v. Indianapolis, (Fed. Dist. Ct. So.Dist. Indiana), which distinguishes Smith v. Doe in concluding that banishing sex offenders from the City limits is ex post facto punishment..

exitSignN They’re Useless in Utica and Nuts in Newton. As our Schenectady PanderPols did in June, and despite reams of information that they’re acting foolishly and unconstitutionally, local politicians on the Oneida County Legislature, in Utica, NY, and the Town Council of Newton, NJ, passed sweeping sex offender exclusion laws yesterday. See “Stricter rules for sex offenders approved,” The Utica Observer-Dispatch (Oct ,10, 2007); and “Newton Residency Ban Approved,” New Jersey Herald, Oct. 11, 2007); also: “Newton Considering Sex-Offender Ban” (New York Times, Oct. 7, 2007).

And, no, the local leaders didn’t vote in a moment of hot blood or temporary insanity. Instead, after months of “deliberations,” the 29 legislators in Oneida County and the five-member Council in Newton voted deliberately, brazenly and unanimously. Not content with your run-of-the-mill unconstitutional residency exclusion zones:

  • the Oneida County law doesn’t stop with banning the two highest levels of registered sex offenders from “maintaining a residence” (defined as the structure “where a person sleeps”) near parks, playgrounds, schools and child-care centers. The law also makes it a Class A Misdemeanor for the sex offenders to “enter” within 1500 feet of such places (via theparson.net). Merely driving through the exclusion zone on an expressway, or visiting a hospital or courthouse within the zone, violates the law, according to Assistant County Attorney Ray Bara. Not to be outdone,
  • the Town of Newton, after considering mere 500, 1,000, 1,500 and 2,000 feet exclusion zones, decided to ban high-risk sex offenders from living anywhere in the 3 1/2-square mile town. Indeed, as NJHerald.com reported: “They ultimately settled on a town-wide ban, because those distances would create neighborhood pockets where sex offenders could live. Parents said they were concerned over their children’s safety as well as property values.”

WrongWayN Ohio State law professor Douglas A. Berman (of the award-winning Sentencing Law & Policy weblog) told the New York Times that “Creating residency exclusion zones can create a false sense of security.” Clearly, Doug hadn’t considered the ingenuity of the folks in Oneida County, when “He added that barring sex offenders from living in a town does not stop them from traveling through it.”

If you’ve been following the Schenectady sex offender escapades here at f/k/a (over a dozen posts, starting here, with links to each), you know I agree with Prof. Yung of SexCrimes weblog, who says the Newton exile law is “just a horrible idea.” Concur: Doug Berman at Sentencing Law & Policy; (Oct. 8, 2007). Similarly, at his Corrections Sentencing weblog, Ben Barlyn wrote: “And the definition of insanity is . . .

” . . . a Jersey municipality, the township of Newton in Sussex County, intends to enact a total residency ban for convicted sex offenders. This despite two recent trial court rulings which have struck down partial residency restrictions enacted elsewhere on the ground that these restrictions are in direct conflict with, and preempted by, the State’s registration scheme, known, of course, as Megan’s Law. Go figure. “

You may recall that your f/k/a Editor welcomed the recent series Sex Offenders: A Flawed Law: from Gatehouse News Service. Despite my congenital skepticism toward politicians, I foolishly had hoped that press coverage as thoughtful and comprehensive as the Gatehouse Series, along with other well-written newspaper editorials, would help persuade local politicians that passing sex offender exclusion laws is an unwise and unworthy reaction to the sincere concerns of the public — and offer excellent cover, along with lawsuits challenging such laws, against voter backlash. Sadly, facts and reasoning appear to have no useful effects on the fearless pander-pols.

Thus, the Oneida County legislators ignored the lessons of the Gatehouse series, which ran in their local newspaper just last month (clearly in the hope of affecting the outcome of their so-called deliberations). See “Sex offenders make easy targets,” and accompanying articles, The Utica Observer-Dispatch (Sept. 3, 2007). The good pols in Utica apparently also refused to consider the arguments presented concerning nearby locales, such as Cicero, NY. They clearly were deaf to the issues raised in the excellent editorial, “Drawing Lines,” from the Syracuse Post Standard (Aug. 26, 2007). As we reported last month, that editorial discussed research and facts, and concludes:

“Communities considering sex offender residency restrictions must ask the
question: Do such laws truly make their communities safer? Or are there
more effective ways – electronic monitoring systems or safety zones, for
example – of keeping a watchful eye on the offenders most likely to
strike again?”

An all-too-typical local pol is Oneida County legislator Daniel N. LaBella, who spent 20 years as a Utica cop, unsuccessfully ran for county sheriff last year, and runs a security firm (that apparently is having some management problems). If you had hoped that law enforcement experience would have made LaBella especially respectful of constitutional protections or wary of feel-good legislation that would divert police resources from more urgent and effective work, you would have been very disappointed. Thus, according to WKTV:

“You can’t waiver because it might not hold up in court,” said Dan LaBella, an Oneida County Legislator for the 26th District. “That’s what our courts do laws are tested every day in court so we still have to do what we have to do as a legislative body to protect the citizens and I feel as though this was a good law to do so.”

Similarly, the Utica O-D tells us:

“Legislator Daniel LaBella, D-Utica, said the law was very well thought out and will help protect the safety of the children in Oneida County.

“I firmly believe we can limit the exposure to these types of people, and I truly believe it will help our community,” he said

Cognate claptrap was mouthed last night by pols in Newton. As the NJ Herald noted:

Newton officials have said they are willing to accept the possibility of a court challenge in order to help deter future crimes from occurring.

” ‘I think we’ve waited long enough for the state to act. We have to take steps to protect our citizens,’ Newton Deputy Mayor Joseph Ricciardo said. ‘You have to do something’.”

The New York Times received similarly edifying responses from the folk in Newton:

[Detective Lt. Michael] Richards acknowledged that opponents of restrictions on sex offenders call them “feel-good legislation.” But, he said, the ordinances can be valuable in educating parents about potential threats in their town.

And if there is a legal challenge?

“So be it,” Mayor [Thea] Unhoch said. “My main concern is the safety of the children.”

Yep, “you have to do something,” no matter how futile, counterproductive, expensive or unconstitutional, it might be. Are the elected leaders who vote for such sex offender bans fools or knaves, or both?

I understand why the courts have granted legislative immunity to politicians for the votes they take on laws and for their participation in the law-making process. But, I really wonder — since we wisely discourage lawyers from filing frivolous and harassing lawsuits by imposing fines and professional discipline; and we hold police officers liable for their blatant violations of suspects’ rights — why we can’t figure out a way to punish legislators who recklessly pass remarkably unconstitutional laws [Of course, I’m certain we can’t get them for merely promulgating really foolish ones, except at the ballot box]. Shouldn’t there be a bad faith exception to legislative immunity? Shouldn’t such constitutional recklessness sound in tort? It imposes great expenses on the taxpayer (in enforcement and lawsuit defense), needlessly burdens our courts, and (especially) subjects disfavored target groups to significant infringement on their rights, as well as the worry and expense of challenging the laws.

When politicians are pandering to public fears and prejudice, as they do with sex offender legislation, the ballot box will often offer inadequate deterrence or remedy for recklessly unconstitutional conduct. We need a penalty box that will help assure that the temptation to “do something” does not result in our political leaders passing mean-spirit, unlawful legislation. Any suggestions from my astute readers?

All this talk of pandering politicians (and thinking we can hope to change them) got me thinking of Master Issa and his treatment of fools. Here are a few, courtesy of his translator and our Honored Guest Poet, David G. Lanoue:

Heaven’s river–
maybe the fools of Kyoto
are crying

all sorts of fools
moon-gaze too…
winter prayers

accusing the pine
of foolishness…
evening mist

foolish crow
do you think this first snow
is my fault?

fool cat–
putting his whole body
into his yowl

fool cat
though tethered still crying
for love

pumpkin2

fool cat–
eyes returning to where
the chestnut was

short summer night–
foolish flowers, clever flowers
bloom

the blind priest
with his red bowl…
shooing flies

crossing a bridge
behind a blind man…
frog

……………………………………… by Kobayashi Issa, translated by David G. Lanoue

October 10, 2007

time, fees, flu, pumpkins, too

Filed under: Haiku or Senryu,lawyer news or ethics — David Giacalone @ 2:27 pm

Blame it on this nearly week-long flu virus of mine, if you must. While the blawg world is abuzz with discussion of Sunday’s Boston Globe article “Beat the clock: A Boston law firm says no to billing by the hour, and its clients say they are pleased” (October 8, 2007), I’d really rather be thinking about pumpkin haiku than hourly billing. (In truth, a nice long nap or two would be my preferred activity this afternoon).

pumpkin patch – pumpkin2
this one is big enough
for my son

………………… by Yu Chang, from Upstate Dim Sum (2005/1)

The Globe article focused on the Shepherd Law Group, as did a swarm of posting that is collected by Jay Shepherd himself at his Gruntled Employees weblog (via LegalBlog Watch; ABA Journal news). Jay says “Our up-front pricing places our interests squarely aligned with our clients’ interests, which makes them happy and forces us to be more efficient.” And the “Amen, Hourly Billing is the Devil’s Spawn” chorus is at it again. Thankfully, Carolyn Elefant again tries to focus on the most important issue: What do clients want and how do we best serve their interests? After noting that even value-billing guru Ron Baker stresses that “It’s up to law firms, not their customers, to make this change. It simply won’t happen any other way,” Carolyn asks:

“If value billing benefits clients, then why do we lawyers need to sell them on it? Have clients become so entrenched in the billable-hour concept that they don’t realize that there’s a better way? Or is value billing another way for firms to charge more for the kind of value that as lawyers we’re obligated to provide anyway?”

I’m going to Plead the Fifth (day with the flu), and refuse to deal at length with this topic at this point in time. [For some depth, and lots of links, on the issue of hourly billing — and the ethics and practicalities of alternatives (and even what makes Ron Baker tick) — see my August 18th post on broadening the hourly billing debate.] Instead, I will point out a few important ideas for the law firm or law client to keep in mind, when thinking about the pros and cons of hourly billing and alternatives such as flat fee or value billing:

  1. Billing by the hour does raise the issue of law firms doing too much (being inefficient) because they earn more by doing more, but pricing in advance through a flat fee inherently creates the potential of doing too little for the client, since more effort won’t earn more money and less effort won’t (immediately, at least) reduce the size of a bill.
  2. A too-busy lawyer or law firm (and the best almost always are too busy) has no particular incentive to do unnecessary work for a client when billing by the hour; but, a too busy lawyer has plenty of incentive to do less for a client when a fee is fixed in advance.
  3. When an hourly-billing lawyer does extra (“too much” or perhaps “unnecessary”) work for a client, the result is often a better-written pleading or contract, or a better understanding of precedent; when a flat-fee-billing lawyer does “too little” (cutting corners or eliminating tasks), the result is very likely to be lower quality work product and possible injury to the client’s interests.
  4. As always, it is important to distinguish condemnation of high billable hour quotas for each attorney, which are set by law firms, and which raise many ethical red flags, from billing by the hour, which is not inherently unethical. And,
  5. What might be good or fair for savvy clients, who have lots of experience with lawyers and legal problems and offer the potential for significant repeat business, may not be automatically fair for clients who have little relevant experience and, therefore, may have no real idea how much work is required, what a reasonable fee would be, how difficult or unusual their situation is, nor how qualified a law firm is to handle the matter. In many situations, they also won’t be better able to judge the quality or value of the services even when they are completed.

a giggling coven–
stunted pumpkins
left in the patch

………………………………… paul m. (3rd place, Shiki Kukai, Nov. 1997) pumpkin neg

Before jumping with both feet on the Flat Fee (or Flat Earth) Bandwagon, clients and lawyers need to remember the roots of the practice of hourly billing — which grew out of discontent with a system largely built upon flat fees and “eyeballed” billing [see, e.g., The Hours, Niki Kuckes, Legal Affairs, Sept-Oct. 2002]. Also, remember that most lawyers will construct a flat fee by estimating how many hours of attorney time a client or a project is likely to require — and making sure the law firm is not being shortchanged by the guestimate. (Thus, Jay Shepard says “his fees for unlimited legal advice range from $1,000 to $30,000 a year, depending on a client’s legal needs.”) It comes down to trust between the client and the lawyer — and, most clients will want to be able to “trust but verify.” How will you verify that you are getting your money’s worth?

One tip: If a flat-fee or value-billing lawyer, who wants to be hired by you, is only telling you the good things about alternatives to hourly billing, and only the bad things about paying by the hour, you should think long and hard about whether you are dealing with a trustworthy lawyer who puts your interests first. If he or she won’t give you an estimate of how much actual lawyer time will be put into your matter, run.

One more tip: If you want to see more pumpkin haiku, click here. pumpkin2

afterthought (10 PM, Oct. 10):  I’ve often thought that the Amen Chorus Against the Billable Hour is a great example of a few people with a financial incentive artfully stoking an inbred dislike for a particular topic or phenomenon into a wrongheaded Any-Change-Must-Be-Good movement.  That notion kept poking its way into my psyche the past two days, after seeing John Tierney’s Findings article yesterday, in the New York Times, “Diet and Fat: A Severe Case of Mistaken Consensus” (New York Times, October 9, 2007).  Tierney raises the important concept of the Informational or Reputational Cascade, and just how easily “large groups of people can reach a ‘consensus’ without most of them really understanding the issue: Once a critical mass of people starts a trend, the rest make the rational decision to go along because they figure the trend-setters can’t all be wrong.”  The primary culprit is turning acceptance of a notion into a binary choice — for it or against it — with no room for nuanced partial acceptance.

See his follow-up Tierney Lab weblog posts on the Low-Fat Diet Cascade (Oct. 9, 2007); and on Schopenhauer on Cascades (Oct. 10, 2007).  And, for more information, go to Informational Cascades and Rational Herding: An Annotated Bibliography and Resource Reference (by Sushil Bikhchandani, David Hirshleifer, Ivo Welch, who wrote the seminal paper on informational cascades).

The economics, ethics and practicalities of billing for lawyer services should never be seen as yes-or-no propositions.  Far too much depends on the factual circumstances and on the traits of the people involved (lawyer and client).  By constantly attacking and deriding anyone who points out that there are pros and cons to every billing method, those with a stake in killing the billable hour are trying to create a forced binary choice — one that is likely to hurt those with the least power in the marketplace for legal services: the unsophisticated (or un-wealthy) client and the inexperienced and easily-replaced young attorney.

pumpkins rumble
in a passing pick-up…
october sunset

……………

pumpkin field
i look back on the face
of a summer love

………………………… .by ed markowski

October 9, 2007

The Unworn Necklace: roberta beary’s gems

Filed under: Book Reviews,haijin-haikai news,Haiku or Senryu — David Giacalone @ 4:09 pm

The Unworn Necklace: Haiku and Senryu, by Roberta Beary
(Snapshot Press 2007)

When I first mentioned lawyer Roberta Beary at f/k/a, in August 2004, I confessed that her haiku made me “feel like a poseur” for using the pseudonym haikuEsq. Since that time, I’ve grown more and more certain that only Roberta Beary deserves the sobriquet “haikuEsq” — not only because of the quality and quantity of her haiku and senryu, and all the recognition heaped upon her by the haijin community [see our post “yes, her again“], but because she continues (unlike myself and f/k/a Honored Guest Barry George, J.D.) to actively practice law, as a member of the Washington, D.C. Bar.

custody hearing
seeing his arms cross
i uncross mine

custody weekend sunglassesG
inside her backpack
cinderella

……………………………
“custody hearing” – The Unworn Necklace; & pocket change
“custody weekend” – Simply Haiku (Summer 2007, vol 5 no 2)

Of course, most lovers of fine haiku don’t know or care that Roberta has a law degree and is a real estate finance attorney. For them, she’s not “the best lawyer haiku poet,” she’s quite simply one of the best damn haiku poets alive — and she has proven it in haiku journals, contests and anthologies, year in and year out, for over a decade. However, to the chagrin of Roberta Beary fans worldwide, there has never been an entire volume of her haiku in existence, to grace our lives and book shelves.

the empty place
inside me
. . . wild lupine

— not until now, that is. For throngs of haiku/senryu aficionados, therefore, the publication by Great Britain’s Snapshot Press, in August 2007, of The Unworn Necklace, by Roberta Beary, is a long-awaited, much-anticipated haikai milestone.

In case you can’t tell, TUN‘s arrival in late September on this side of the Atlantic, so that I could actually hold it in my warm little hands, was a special treat for me. And, although I . . .:

  • am well known for holding my friends to especially high standards and doling out praise to them in a miserly fashion
  • have never, to put it mildly, been a lawyer-phile who feels a bond with others simply because they are lawyers
  • rarely feel any ancestral tug toward Italy and Sicily (not even around Columbus Day)
  • never feel the need to write book reviews, especially ones that wax poetic about volumes of poetry; and
  • do not at all understand why people are “proud” of achievements by other individuals in which they have played no part (e.g., local sports teams, fellow countrymen, relatives)

. . . beary . . . I, nonetheless, feel an enormous need to say how thrilled I am that Roberta Beary — friend, and fellow-lawyer, Baby Boomer, Bethesdan, born skeptic, and 50-percent decendent of Sicilians — has finally given us the 69-poem volume entitled The Unworn Necklace. Those who know me well, know that I do not consider myself a poetry lover. Indeed, my attraction to haiku — and especially the haiku of Roberta Beary — is the very fact that it is the most “unpoetic” of poetic genre, without frills or fancy verbiage, finery or hyper-prosody.

I especially like the focus of haiku and senryu on the concrete, the small things that are part of everyday life. Roberta excels at that focus, while courageously revealing moments (as well as cycles and seasons) of pain, and understanding that darkness and hurt are not only natural parts of life, but can be as life-affirming as the joys and beauty she also finds and shares.

So, I know Roberta will excuse me for not “waxing poetic,” with flowery words or theoretical flourishes, about the book as a collection of poems. I shall let more scholarly experts do that — to wit, from the Back Cover of The Unworn Necklace:

‘Moving full circle from the opening to closing poems,
this substantial collection of Roberta Beary’s haiku
offers a feast for the inner eye and heart.
Beary’s haiku record life passages—love and loss,
anger and forgiveness, family and solitude—linking
human nature and the natural world with exquisite
sensitivity and striking clarity. A stunning collection!’

……………………… Penny Harter

necklaceG ‘Remarkably depicted and balanced, The Unworn
Necklace unravels and extends like a poignant novel.
A prescription for healing, its poems seem as if they
were chiseled, exhibiting just the right words. Many
of these haiku will become classics, yet this is the book
to tell others about right now.’

………………………. Lenard D. Moore, Haiku Editor, Simply Haiku, and upcoming president of the Haiku Society of America

If you are a frequent visitor to this weblog, you may have in fact [talk about added value] already seen most of the poems that are presented in The Unworn Necklace. (Click on the posts listed on f/k/a‘s Roberta Beary Archives Page to find scores of her poems.) Indeed, the first poem we posted the first time we specifically featured Roberta was this one, from A New Resonance 2 (Red Moon Press 2001):

all day long
I feel its weight
the unworn necklace

Last January, when her manuscript won the Snapshot Press grand prize and was therefore slated for publication later this year, we posted five poems from Roberta’s upcoming book. One favorite was this one, originally published in Frogpond, which won 1st Place in the Haiku Society of America’s 2006 Gerald Brady Senryu Contest:

first date—
the little pile
of anchovies

Since receiving a copy of the actual book two weeks ago, I’ve shared a pair of poems from TUN, here, and another there. To be honest, there are so many great poems — which Lenard correctly says “will become classics” — that I cannot readily (especially under the influence today of a flu virus that is spreading across Upstate New York) choose representative examples from TUN. Instead, I shall literally open the book, at random, to three even-numbered pages, and type each of the poems right here for you, the f/k/a reader.

snow melt
the logs
he left behind

mother’s day
a nurse unties
the restraints

early spring walk
your hand
in my pocket

………………… by Roberta Beary – from The Unworn Necklace (Snapshots Press, 2007)

If the above doesn’t make you want to click the link to the Snapshot Press Order Form, or to the page that just went up today at Amazon.com, I guess you must be suffering from flu-brain-fog, too. All there remains for me to say, in closing, is: Thank you, Roberta, for creating this collection. Please don’t wait so long to give us a second volume. And, please don’t feel that you have to “suffer for your art” this next decade. Don’t visit the Dark Side just for your fans’ sake. But, do take us wherever life brings you.

update: See our posting “PSA honors haiku — Roberta Beary’s The Unworn Necklace” (April 22, 2008)

October 7, 2007

Ohio high court to hear sex offender retroactivity case this week

Filed under: Haiku or Senryu,lawyer news or ethics — David Giacalone @ 10:17 pm

This Wednesday (October 10, 2007), the eyes of America’s “sex offender stakeholder community” will be turned to the Ohio Supreme Court, when it hears oral argument in the case of Francis Hyle, Green Township Law Director, et al. v. Gerry R. Porter, Jr. (Case No. 2006-2187, pleadings and orders). The Porter case, on appeal from the 1st District Court of Appeals in Cincinnati (Hyle v. Porter, 170 Ohio App.3d 710, 2006-Ohio-5454), will decide whether Ohio’s residency restrictions on sex offenders can be applied to a felon whose crime occurred prior to the law‘s effective date in 2003. (via Sentencing Law and Policy, Oct. 7, 2007; and Cleveland Law Library Weblog) Five weeks ago, in Mikaloff v. Walsh, a federal district court blocked retroactive application of that very statute (see our prior post).

As reported in today’s Columbus Dispatch:

“Cincinnati sex offender Gerry R. Porter Jr. . . . was forced to move from the home that he has owned since 1991 because it is 983 feet from St. Jude Elementary School. He, his wife and two sons moved into a rented apartment in October 2005. Someone burned down the house they owned on Easter Sunday of 2006 (no one has been charged), and they plan to rebuild and move back if permitted.

“Porter committed his crimes at his home before the law took effect.”

The article’s title captures the situation quite well: “Sex-offender ghettos: Get-tough laws force predators to move but do little to make kids safer” (Oct. 7, 2007). The lengthy and informative piece in the Sunday Dispatch supplies details and arguments similar to those you’ve seen in a series of posts here at f/k/a, since last June, when we started voicing opposition to the sex offender residency restrictions passed by the “PanderPols” who make up the Schenectady County [NY] Legislature. [See, e.g., our discussion of NYCLU’s position, and the links collected at the foot of the our original post.]

The beetle I righted
flies straight into
a cobweb

…………………………….. by George Swede – Almost Unseen (2000)

The Ohio high court will be settling a split within the state’s lower appellate courts on the retroactivity issue. [See Nasal v. Dover, 2006-Ohio-5584 (Court of Appeals for Miami County, Oct. 20, 2006), which would not enforce the law.] According to Porter’s lawyer, David A. Singleton, executive director of the Ohio Justice and Policy Center, it “is a landmark case, however it turns out.” In its decision requiring Porter to move, the 1st District Court of Appeals blithely brushed aside his constitutional claims, stating in Hyle v. Porter:

  • “We hold that the rule is not so penal in effect as to eviscerate the legislature’s nonpunitive purpose and that it therefore does not violate the constitutional prohibition against ex post facto laws.” And
  • “This case does not concern a total divestiture of Porter’s property rights. As we have already said, the rule prohibits an offender from residing within 1,000 feet of a school. But it does not prohibit an offender from owning, renting, or leasing property within the 1,000-foot zone. Thus the rule is remedial and does not offend Ohio’s constitutional prohibition against retroactive laws.”

We believe that the courts that have ruled against retroactivity have the better argument. And, Porter has received support from a broad array of friends of the court. The amicus brief submitted by the Rosenthal Institute for Justice at the University of Cincinnati College of Law, along with the Iowa County Attorneys Association, Iowa Coalition Against Sexual Assault, Iowa State Sheriffs & Deputies Associaton, and the Jacob Wetterling Foundation, has the following Conclusion:

“Residence restrictions do not decrease the risk of recidivism among sex offenders, nor do they promote the safety of the children of Ohio. Such restrictions undermine public safety goals by isolating offenders from their support networks and their treatment providers. They have the collateral effect of limiting offenders’ access to housing and secure property rights. In addition, such restrictions create a false sense of security by suggesting that recidivism can be reduced by limiting an offender’s residential proximity to his/her potential victims, despite the fact that studies of such recidivists indicate no correlation exists between residential proximity and risk of re-offense. In fact, such restrictions in at least one state have been shown to reduce the ability of law enforcement officials to track sexual offenders. Finally, such restrictions place an undue burden on law enforcement agents and prosecutors by requiring enforcement of laws which fail to meet their articulated policy goals.

“Each of the amici that join this brief seeks to reduce and prevent sexual crimes against children. While we applaud the goals of the Ohio legislature in seeking to address this issue, we also recognize that the issue of sexual harm is complex and is unlikely to be remedied by laws which are overly restrictive and attempt to remedy the problein with little consideration to the continuum of offenders who commit this type of crime. We urge this Court to strike down this law which does nothing to protect the children of Ohio and instead merely leeches away valuable resources.”

As Jill S. Levenson, a professor at Lynn University in Boca Raton, Fla., told the Columbus Dispatch: “Rather than impose blanket restrictions, it’s better to identify sex offenders by risk level, appropriately restrict them on a case-by-case basis and provide more treatment and supervision.”

smoking out mosquitoes–
soon the fireflies
are gone too
…………………….. by Kobayashi Issa, translated by David G. Lanoue

It’s sad that, despite excellent exposition in many local newspapers (see this post, that one, and that, for example), so many politicians have ignored the problems created by such residency restrictions. Let’s hope the Ohio Supreme Court gives a strong, clear message to law-makers in every state who continue to support or propose residency restrictions as a solution to the sex offender problem — and who need a bit of judicial cover before they do the right thing. f/k/a will continue to follow this important issue.

the nightingale
resigned to his fate…
voice in a cage

a wife, a child…
foretelling my fate?
blossoms scatter too

……………………………………… by Kobayashi Issa, translated by David G. Lanoue

October 6, 2007

Columbus, Colombo, Colón: what’s in a name?

Filed under: Haiku or Senryu,lawyer news or ethics,q.s. quickies — David Giacalone @ 3:15 pm

Columbus I was already thinking that Monday October 8th seems way too early to be “celebrating” Columbus Day. But, today’s warm and humid weather, here in Upstate New York, makes the Columbus Day Parade held in downtown Albany seem even more premature. It might be a great weekend for pumpkin picking, but it’s also a good bet that those pumpkins will be over-ripe and mushy long before Halloween.

While it’s too early to be celebrating the Man (and, perhaps it’s inappropriate to do so at all; see our post two years ago), it’s never too soon to bring up my traditional Columbus Day Pet Peeve: The fact that the history writers of America have gotten away for centuries with anglicizing the name of the ship’s captain who landed in the New World in 1492 (mistaking it for India — which reminds me: why did they keep calling the natives “Indians” after they knew America wasn’t India?). As I noted a year ago at the shlep weblog (in a posting republished below, in a little, lazy holiday encore ploy):

[W]hether he was actually Italian/Genoese [and therefore called Cristoforo Colombo], or instead Portuguese (nee Cristóvão Colon), Spanish (nee Cristóbal Colón), or Catalan (nee Cristòfor Colom), one thing is certain: he never called himself Christopher Columbus.

update (October 8, 2007):  For much more on the mystery/controversy of the origins of “Christopher Columbus,” see the New York Times article  Seeking Columbus’s Origins, With a Swab (by Amy Harmon, Oct. 8, 2007), which explains that “The Age of Discovery has discovered DNA,” explores many of the ramifications, and provides links to information on many theories of CC’s birthplace and family history.

ColumbusStavans Imagining Columbus by Ilan Stavans

Columbus Day trip
red and yellow crayons
turn into stubs

Columbus Day rain –
first cozy evening
since Spring

…………………………………… dagosan

update (Oct. 8, 2007): Want to discover a New World of Weblawg Treasure? Sail over to the Columbus Day edition of Blawg Review [#129], ably captained by David Harlow of the HealthBlawg. Since the f/k/a Natives are more into pictures than texts this morning, we especially liked learning that lawyers brought discovery to America right after Cristofo Colombo got here.

QkeyNs sKeyNs If you came here looking for something new to read, here are a few quickie pointers and reminders:

  • Good idea: go reflect upon Bruce MacEwan’s excellent discussion of “Mandatory Retirement [in law firms]: Pro or Con?,” and whether bar associations should have any say at all on the subject. (Adam Smith, Esq., Oct. 1, 2007).
  • On a related note: You’ll be disappointed if you’ve been waiting for the case of EEOC v. Sidely & Austin to result in some definitive law on age discrimination and law firm partners. See
    Sidley Austin Settles Age Bias Suit; No Determination of Merits” (New York Law Journal, by Anthony Lin, October 8, 2007)
  • If you haven’t yet done so (and you really need to act like a workaholic this holiday weekend), take a look at the new weblog EDD Update — “Electronic data discovery news and analysis” — which is coordinated by Sean Doherty, Law.com‘s tech editor, and Monica Bay, Law Technology News‘s editor in chief, and everyone’s favorite Common Scold (and Yankees fan).
  • If you’ve been feeling bad about your finances lately, consider the fate and prospects of those who are “Out of Prison and Deep in Debt” (New York Times, Oct. 6, 2007), because they are leaving prison saddled with tens of thousands of dollars in fines, restitution, or child support arrears.

BaseballHaikuCoverAnd, we hear from Cor van den Heuvel, co-editor of Baseball Haiku ( W.W. Norton Press, 2007), that National Public Radio‘s “Selected Shorts” series will include the reading of baseball haiku by actor Alec Baldwin and others this week. Check the schedule of your favorite local or internet NPR station for airing times.

October revival
all hands lift
to the foul ball

…………………………………………………………. by Jim Kacian

Nameless and Unheard: Ever since my review of Jeremy Blachman’s weblog-inspired book Anonymous Lawyer (May 29, 2006), I’ve wanted to atone to JB for my negative evaluation of his first novel. So, being the open-minded guy that I am, I brought home the Audio CD version of Anonymous Lawyer (read by Ray Porter, 2006) from the public library yesterday. Since I listen to a couple of audiobooks a week and find it a great way to enjoy a good book, I was hoping to discover that AL: the Novel was a “great listen.”

Sorry, Jeremy. I forced myself to read the entire book, since it was the first book review request I had ever received, and I wanted to be fair to the author and publisher. But, there is no way on earth I could make myself listen to more than a few minutes of the incessantly negative tone of voice of the unnamed narrator-protagonist. It is just too painful. As I concluded the novel in print was “way too much of a good thing,” I must report that the audio version appears to be even more excessively bleak and unpalatable.


mid-argument
the senior partner
has a senior minute

mid-argument –
opposing counsel crosses
her legs
……………………………………….dagosan

the nina [republished from shlep: the Self-Help Law ExPress, October 9, 2006]

poor Cristoforo Colombo (name change self-help)

The navigator who is both honored and defiled on Columbus Day never did get to Asia. He also never got to Ellis Island, but that hasn’t stopped Americans from anglicizing his name. The famous explorer always contended — some say to cover up a mercenary past — that he was born in Italy, which would have made his name Cristoforo Colombo. His actual birthplace has been in much dispute, but whether he was actually Italian/Genoese, or instead Portuguese (nee Cristóvão Colon), Spanish (nee Cristóbal Colón), or Catalan (nee Cristòfor Colom), one thing is certain: he never called himself Christopher Columbus.

Columbus Modern-day Americans have much more control over their names. shlep wants to remind you on Columbus Day that there is much help online and at courthouses (with official forms, and often instructions), should you need or want to change your name. For example: see the California Self-Help Center, the Wisconsin Self-Help webpage, and the forms available from that District called Columbia. As always, check out our post getting self-help help, if you need assistance finding your state court websites.

October 5, 2007

“simply the best” blawgs?

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 11:40 am

Along with the great honor of appearing on the “Simply the Best” top-ten list posted Wednesday by the Editor of Blawg Review (October 3, 2007), and then — with humble surprise and gratitude — on the list proffered yesterday at Robert Ambrogi’s Law Sites (see “La Meme Chose: Simply the Best,” October 4, 2007), comes the cognate duty of compiling my own Simply the Best Top Ten list of “blawgs” (law-related weblogs).

Like Bob Ambrogi (who “truly hate[s] these things”), and most humans with taste and politesse, I find being tagged to join in a self-revelatory blogisphere “meme” event highly annoying, painful, and intrusive. (And, don’t even get me started on the affiliated affectation of using some frenchified meme nomenclature and expecting others to repeat it.) Thus, I let my crabby but attention-starved alter ego Prof. Yabut handle our weird tag duties last year, and procrastinated even more than usual with the Book shtick Stick back in 2005.

Purporting to choose the “best blawgs” is especially difficult and misleading because (very much like choosing the “best” poem in a haiku contest), what you’re really doing is revealing your particular preferences and predilections (“favorites and friends”?), and — unless you happen to be Ed at Blawg Reivew or Bob Ambrogi, who regularly peruse hundreds of weblogs — demonstrating the very limited scope of your normal blawg-surfing habits.

…………………….. honest! But, choosing a top-ten list of law-related weblogs (or, in fact, any category of weblogs) is particularly difficult and near-impossible for me for one very crucial reason: I do not read ten (or perhaps even 6 or 8) blawgs regularly, if by “regularly” you mean almost daily, or perhaps weekly or fortnightly.  Unless I gave such regular, diligent attention to any particular weblog, I would not feel I could fairly recommend it as among “the best,” because consistent quality and ample quantity are prerequisites, in my opinion, for inclusion on such a list.

losing the contest
I discover
the lord’s mum won

……… by Kobayashi Issa, translated by David G. Lanoue

You may now be asking yourself, “has that skeptic Giacalone become a scoffblawg or blawgagnostic , who’s lost faith in the value of reading law-related weblogs?” My emphatic answer is “No!” Nevertheless, whether it’s due to my aging body and brain (with its peridementia), adult-onset Attention Deficit Disorder, amazingly slow reading and writing output, or my constant, fickle companion CFS, I have a very big blawg-related choice to make over and over:

I can be an avid consumer of the best law-related weblogs or an aspiring/perspiring producer of one very good blawg. I simply do not have the energy, stamina or time to do both.

And, yes, that is a pity. Because there continue to be scores (and scores) of fine blawgs out there (new and old) that my curious mind would love to explore regularly; and there are informative or interesting blawgers who my gregarious and mischievous self (and alter egos) would love to visit and commune with (or tweak) frequently. However, if I’m going to make f/k/a an ongoing enterprise that meets my own quality and quantity standards, I must resist the temptation every day to peek at those weblogs — because I never can read just one post or click just one link.

worm-eaten–
the best chestnut!
the best!

do your best, Spring
make a decent effort…
snow at the gate

……… by Kobayashi Issa, translated by David G. Lanoue

Gone, therefore, are the days when I got up and wondered what Evan, Martin, George the Fool, Monica, Young Mike, or Ernie, had to say that morning and then headed for their weblogs. I still wonder, and I miss the cyber-camaraderie of the old days, but my visits are rare treats rather than the daily rituals they once were.

As a result, my “best blawg” list can at best be viewed as the list of weblogs that I visit frequently in order to find ideas for f/k/a posts and blurbs (which tend toward legal ethics, consumer and cultural issues), or to feel that I have at least a minimal notion of “what’s happening” in the blawgiverse. Naturally, they are weblogs that consistently meet those needs with the excellent content and style that keep me coming back for more. They are:

  • Legal Blog Watch — brought to us by Law.com through the efforts of Carolyn Elefant and Robert Ambrogi. They give accurate and comprehensive summaries of the most interesting and important issues and news in the blawgisphere.
  • The Volokh Conspiracy, which has intelligent and diverse discussion (and comments that often add value); as I’ve said before, “it’s the weblog I would hope to write when I grow up” (if I could learn to play in a group).
  • Overlawyered.com, which always uncovers and catalogs cases of interest and — despite a different ideological bent — shares my skepticism about much that goes on in our so-called justice system and legal profession.
  • The floating weekly “blog carnival” edition of Blawg Review, which I always count on to pick out obvious or hidden gems from law-related weblogs (hopefully, without thematic excess or off-point host self-absorption)
  • The Legal Profession Blog, where Alan Chidress, Mike Frisch and Jeff Lipshaw cover the legal ethics beat, and more than satisfy my urge to know what those shady lawyers are up to, and the many ways self-regulation is letting our profession and our clients down.

Those are really the only blawgs I consistently check more than once a week. In addition, here are the law-related weblogs I seek out when feeling a special need or in a particular mood:

  • When I have the urge for something scandalous or silly, I always turn to David Lat’s spanking-good Above the Law.
  • When I want to know whether something important has happened (or happened yet) in our appellate courts, the only website I need is Howard Bashman’s How Appealing.
  • For cutting edge thinking about the economics and management of law firms, it’s Bruce MacEwen’s Adam Smith Esq.
  • When the topic is the lawyer brain or soul, I check out Idealawg, by Stephanie West Allen.
  • When I’m wondering whether journalists are getting a legal story right, I check out Mark Obbie’s LawBeat.

  • For consumer regulation news, there’s Public Citizen’s Consumer Law & Policy Blog (although I do not believe that plaintiff’s lawyers are the only ones fighting for the consumer and seeking justice; and I really wish someone there would respond to this challenge of mine)
  • For news, background and fore-thought: on solo practice, I go to Carolyn Elefant at My Shingle; on mediation and alternative dispute resolution, it’s Diane Levin’s Online Guide to Mediation; on the intersection of law and library science, it’s the group weblog Out of the Jungle;
  • For snarky fun at the expense of the legal establishment, with a British accent, it’s the anonymously-penned BabyBarista.

Those are the blawgs that best suit my needs as the proprietor of f/k/a and the nurturer of my own satisfaction, wellbeing and sanity.

I’m sure you will find more excellent law-related weblogs by following this Simply the Best Blawgs meme, and seeing which sites have been nominated by other “chosen” webloggers. Ed at Blawg Review has links to their lists at the foot of his original post.

update (Oct. 6, 2007): With all of her favorite blawgs already “chosen” in this Simply the Best meme, MyShingle‘s Carolyn Elefant used her forum at Legal Blog Watch to present a useful mutation on the theme. In “Posts That Rocked the Blawg World — Formerly, the Meme Chose” (Oct. 5, 2007), she decided to “identify a handful of posts or blog features that, in my view, rocked the blawg world with their innovation, passion or honesty.” Except to thank Carolyn for including our magnum opus “the Graying Bar: let’s not forget the ethics” (March 20, 2007), we are going to let you discover her blawg-rocker list yourself, by clicking this link. While there, you’ll also be able to seen why Legal Blog Watch is on our very short regular-read list.

When I’m in need of haiku that inspire reflection on a particular theme, I always turn to the search box of David Lanoue’s unsurpassed Kobayashi Issa website. Here are some of Issa’s poems that just might relate to the above commentary:

my chrysanthemum
faces the direction
she chooses

the first and best
of Shitaya Ward…
plum blossoms

the best New Year’s
present!
her pink cheeks

beaming smiles
in the best of moods…
two stars

the war lord
has pull…
chrysanthemum contest

used to losing
I’m peaceful, calm…
mum contest

the fart contest
begins at once…
winter quilt

……………………….… by Kobayashi Issa, translated by David G. Lanoue

October 3, 2007

what makes you blush?

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 10:59 pm

[scroll down the page for the Wendy Cook story]

A number of items in the news got me thinking about blushing today. What does it take to put that rosy colored self-consciousness in your cheeks? A social faux pas (or worse) by yourself, your child, or your mate? a compliment received or slur suffered? the sudden spotlight of attention? Below are examples of situations that I bet caused some blushing the past couple of days.

[For some background on the physiological phenomenon of blushing, check out the “why do we blush? (where we got the little inset image above). It says, for instance, that ”it looks as though blushing first appears in children of kindergarten age, when interaction with others produces a social awareness for the first time.”]

hearing people’s voices
they blush…
evening cherry blossoms

………………………………… by Kobayashi Issa, translated by David G. Lanoue

Did “The Spanking Judge” Blush? In a follow-up from SpankMeister David Lat at Above the Law (see our Sept. 26th “kinky discipline” post), comes news that suspended and “Beleaguered Mobile County Circuit Judge Herman Y. Thomas [the Spanking Judge ] made his removal permanent Monday afternoon by resigning from office.” See “Judge Thomas resigns” (Alabama Live/al.com, October 2, 2007), and Lat’s “Don’t Let the Paddle Hit You on the Way Out” (Unless You’re Into That Sort of Thing).” According to al.com, Thomas was charged with 30 violations of judicial ethics.

In the first round, the charges included “allegations that Thomas unduly helped his friends or family members with their legal troubles to literally changing the legal status or reducing sentences of convicted criminals after other judges on the 13th Judicial Circuit had already sentenced them.” In the second round of charges, it was alleged that Thomas “routinely checked young male inmates out of the Mobile County Metro Jail, taken them to an office at the courthouse at Government Plaza and spanked some of them with a paddle.”

“It was not clear what effect Thomas’ resignation will have on the ethics trial scheduled for Oct. 29 before Alabama’s Court of the Judiciary.” We also do not know the status of a criminal investigation relating to the second round of spanking-related charges. We do know that the Alabama bench and bar — along with Judge Thomas and his family — should surely be blushing in shame over this sad ending to a judicial career.

the personals–
blushing as she reads
her own

…………………………… w.f. owen – from A New Resonance 2 & Modern Haiku XXXI:3

[mug shot] Not-So-Funny-Side of Saratoga: The more-prudish members of the public in the New York Capital Region were surely blushing this week, when an unknown prostitute “was busted Monday after a 12-hour drug and sex binge in Schenectady,” in an undercover sex sting operation. The woman, Wendy Cook, allegedly was scoring drugs and “turning tricks in a car while her 8-week-old son and 5-year-old daughter were in the back.” Even more bizarre (at least for most of us), she “snorted lines of cocaine off her newborn’s stomach while breast-feeding him.” Normal amazement and titillation over such lurid details turned to shock, yesterday, when we learned that the arrested prostitute was the 37-year-old daughter of Jack Knowlton, who is a hero here in New York’s Capital Region, with its Saratoga racehorse traditions. Knowlton is the Managing Partner of Sackatoga Stables, which owns the beloved 2003 Kentucky Derby and Preakness winner Funny Cide. See “DERBY-DAD GIRL’S SEX-DRUG SHOCKER” (New York Post, Oct. 3, 2007, which called “The pretty but disheveled, red-headed mom – a former Montessori teacher”– “A Bad Mudder”); “Woman Accused of Prostitution Is Daughter of Funny Cide Owner” (Fox23News); and the Dave Lucas weblog, “But my daddy owns Funny Cide” (October 2, 2007).

According to Thoroughbred Times, Ms. Cook was the former operator of The Funny Cide Store in Saratoga Springs, which closed due to excessive overhead expenses. (“Funny Cide store closes but merchandise still available,” June 9, 2004) She also owned, but sold, the Saratoga Springs business Beyond Balloonatics, where “On an average day, Wendy Cook blows up about 100 balloons and tells the Funny Cide story at least once.” See “”Funny Cide gives balloon business a lift” (The Funny Cide Archives, from The Saratogian, July 20, 2003). The business, which was purchased by Patrice Mastrianni, is described as “A fun and unique place to shop for cards, gifts, beautiful stationery, and collectibles including Mary Engelbreit, Classic Pooh, and Beanie Babies.”

Per Fox23News, Saratoga County District Attorney Jim Murphy said Cook was undergoing an 18-month drug treatment program and tested clean as recently as the Wednesday before her arrest in Schenectady. Sadly, according to her brother Aaron Knowlton, Wendy Cook is “wonderful, kind, the nicest person on the face of the Earth” when not on drugs. “She’s done a lot of good and helped others cope with their own personal addictions. But this is what happens when drugs take over.” Aaron Knowlton told The NY Post that Wendy had been clean for more than a year and taught school off and on:

She may have relapsed because of postpartum depression and her grief over an old friend who recently died,” he said.

diwali festival
one bite of vindaloo
reddens her cheeks

……………………………………. by ed markowski

The gelding Funny Cide is retired now, but is even more beloved here than in the rest of this Nation. [Stewart’s, the predominant convenience store chain in this region, even has an ice cream flavor Funny Cide Pride, which is my favorite — it combines Butter Pecan ice cream with roasted pecans, a butter pecan fudge swirl and butter pecan fudge pieces.] Jack and Dororthy Knowlton, Wendy Cook’s parents, are well-respected. They are caring for their two grandchildren now, and I hope they — despite the embarrassment of their daughter’s sad downfall — will be able to find a way to minimize the impact on the kids and help Wendy get her life back together.

update (Oct. 5, 2007): Wendy Cook’s parents, Jack and Dorothy Knowlton, issued a statement yesterday about their daughter’s situation, saying “Like far too many families, we have personally experienced the ravages of Wendy’s drug addiction for over two decades,” and praying that “she will be able to successfully overcome the demons of drug addiction for the rest of her life.” See WNYT.com, Oct. 4, 2007, which also reported this evening that Wendy Cook will be allowed to speak with her 5-year-old daughter by phone, but won’t be allowed to discuss the arrest with the girl, who might be a witness in the case.

updates (Dec. 5, 2007): See our post “Wendy Cook’s plea deal gives her another chance at rehabilitation.” And, read about Wendy getting her kids back and receiving probation, by scrolling down to the second topic at this post, dated Nov. 8, 2008.

[“A Horse Names [sic] Funny Cide“, children’s book and bobblehead]

drifting seed fluff . . .
the rented horse
knows an hour’s worth

…………………………. by paul m. – The Heron’s Nest (June 2005)

tired of feeding
on the horse
the horsefly naps

……………………….. by Kobayahi Issa, translated by David G. Lanoue

Funny Cide Retirement poster ($100): a cigar & a martini for the retired gelding

prof yabut small The Blushing Judge: I don’t know if the Knowltons are blushing over their daughter’s escapades, but I’m a bit red-in-the-face over the drama-queen antics of Hon. Vincent Versaci, Schenectady City Court Judge, who presided over her arraignment. Judge Versaci has only been out of law school a decade, but has been on the City Court bench in Schenectady since 2003 (he is the son of Eileen Versaci, City Clerk of Schenectady, and of Romolo Versaci, the infamous so-called lawyer” plaintiff; see also this prior post).  According to several news accounts, including “Judge calls mom’s case ‘an atrocity‘” (WNYT/News13, Oct. 2, 2007, with court video), Judge Versaci told Wendy Cook:

I have never come across such an atrocity in my life and that’s saying a lot. Congratulations.

Young Judge Versaci could not have been having a Senior Moment, so I can only attribute his poor memory, or overactive imagination and sense of outrage, to his upcoming judicial election. Surely, with a little concentration, the good jurist could come up with more atrocious crimes. As Channel 13 reported:

Psychologist Dr. Randy Cale says we shouldn’t assume the worst about what [the 5-year-old girl] may have seen.

“We don’t know how much she saw. We don’t know how often or whether there was fear or anxiety attached to it,” Cale said.

update (Oct. 8, 2007): Retired tv news anchorman Ed Dague made a very good point at his In Medias Res weblog, in “Don’t See Me” (Oct. 3, 2007): “Isn’t Cook supposed to be treated by the Courts as innocent until proven guilty? It seems proper for Police or Prosecutors or even bloggers to denounce her before trial but isn’t the Judge supposed to reserve judgment?”


balcony view
the blonde’s
black roots

it’s good
to be a horse
the sweet meadow

…………………….. by David G. Lanoue

[larger] From “Breck Girl” to Trust-Buster: It’s good to see that John Edwards has joined Barak Obama in accepting the American Antitrust Institute’s invitation (to all presidential candidates) to state their position on Antitrust Law. (see our prior post on Obama’s Statement, Sept. 27). But, his populistic rendition of antitrust law scarcely passes the Blush Test for serious legal analysis. See Submission to AAI by Sen. John Edwards. Here’s what David Fischer at the Antitrust Review weblog had to say about the Edwards Statement:

“It is a lot more, uh, interesting than Sen. Obama’s statement. Also, he writes that ‘We should modernize our antitrust laws to make oil and gas companies liable for unilateral anticompetitive acts – such as withholding supply in order to raise prices – even without an agreement.’ Perhaps I am misreading this, but I am pretty sure the United States does have laws that address unilateral anticompetitive acts. Also, by definition, doesn’t a unilateral act preclude an agreement between two or more parties?

You need to read the entire two-page populist Statement, to get the feel for the Trust-Bustin’ Hero John Edwards plans to be.

Gloat by Association: Because of their voluminous and consistently interesting content, I would be proud to be the proprietor/editor of any of the following law-related weblogs:

Above the Law
Adam Smith, Esq.
Balkinization
Concurring Opinions
Deliberations

* * *

May It Please the Court
QuizLaw
Sentencing Law and Policy
The Volokh Conspiracy

What they have in common today is inclusion in the posting “Simply the Best” (Oct. 3, 2007), at Blawg Review, in which the ever-vigilant, genial Editor says:

“There are a lot of blawgs out there, and we try to read ’em all. But if this editor had to pick, right now, the top ten law blogs he thinks are simply the best…the winners are. . . “

Despite the disclaimer by “Ed” that they are “admittedly, the personal favorites of one anonymous blogger,” Ed’s post definitely got the f/k/a Gang blushing this morning. You see, the missing weblawg represented by the ellipsis in the above Simply the Best List is f/k/a. As we gratefully lamented in “thanks a lot (for all this pressure” (Dec. 27, 2005), and now emphasize further, after being included among such weblawgging excellence, being selected by “Ed” puts a lot of pressure on all the f/k/a Alter Egos to live up to his praise. For a guy whose CFS has been acting up quite a bit lately, and who would usually rather be napping than web-surfing, this is a humbling challenge. Watch this space to see if I can pull a few posting miracles out of my hat every week. Many thanks, again, to Ed.

water spider
on spring’s last day
blushing

a present, a present
a New Year’s present!
her pink cheeks

………………………….. by Kobayshi Issa, translated by David G.

a red flush
on the amarylis bud
New Year’s Eve

………………….. by Pamela Miller Ness – The Heron’s Nest

almost sunset –
mottled clouds
blush at my stare

………………………….. by dagosan

October 1, 2007

it’s banned book week! so, read one

Filed under: q.s. quickies — David Giacalone @ 10:27 am

– “Free People Read Freely” – click here

September 29 to October 6, 2007 is Banned Books Week, the American Library Association’s “celebration of our freedom to read, to seek, hold, receive, and disseminate ideas, even if they are unorthodox or unpopular.” ALA offers some suggestions on “How to celebrate Banned Books Week“, including:

Read one or all the top 10 most frequently challenged books of 2006. Number one on this list, challenged for promoting homosexuality, is Justin Richardson and Peter Parnell’s award-winning And Tango Makes Three, about two male penguins parenting an egg from a mixed-sex penguin couple. Also on the list are The Earth, My Butt, and Other Big Round Things, by Carolyn Mackler; two books by Toni Morrison, The Bluest Eye and Beloved; Athletic Shorts, by Chris Crutcher; and The Chocolate War, by Robert Cormier.

Knowing what books are under attack — usually to “protect our children” — can be quite instructive, opening our eyes to the issues and ideas that threaten many of our fellow citizens.

The 4th most-challenged book, Carolyn Mackler’s The Earth, My Butt, and Other Big Round Things (Candlewick 2005) has a title that should appeal to haiku writers and readers. From ALA’s Booklist review: For Gr. 7-10. Fifteen-year-old Viriginia Shreves is the blond, round, average daughter in a family of dark-haired, thin superstars. Her best friend has moved away, and she’s on the fringes at her private Manhattan school. She wants a boyfriend, but she settles for Froggy Welsh, who comes over on Mondays to grope her. The story follows Virginia as she tries to lose weight, struggles with her “imperfections,” and deals with the knowledge that her idealized older brother has committed date rape.”

after school meeting
collage clouds turn
round and round

big enough
to pedal home on
winter moon

halloween —
part of the moon
follows a bicycle home

tough enough to hold
the weight of this world
bramble leaves

……………………… by Matt Morden – from Morden Haiku

family picnic
the new wife’s rump
bigger than mine

earth tremor
the teapot sings
off-key

 ………………… by Roberta Beary – from The Unworn Necklace (Snapshots Press, 2007; order); necklaceG

“family picnic” – Modern Haiku (favorite senryu award, 2003)

winter sun
lifting his round face
to catch it

distant thunder
a few cherry blossoms
float to earth

…………………….. by W.F. Owen
“winter sun” Manichi Daily News, March 5, 2005 (No. 669)
“distant thunder” – Vancouver Cherry Blossom Festival 2006

By the way, it was Irishman, and doctoral law student, Daithí Mac Síthigh, at Trinity College in Dublin, who reminded me that this is BBW in the USA. Daithi is the host of Blawg Review #128, at his Lex Ferenda [“what the law ought to be”] weblog. Daithi must know a thing or two about censorship, since government regulation of online media is his dissertation topic. Nonetheless, he offers no list of banned blawgers, but instead points to interesting recent posting at law-related weblogs. [Since Diathi is such a wee youngun, I’ll give him a pass on that smiley-face he appended to an otherwise perfectly good bit of Blawg Review hyperbole.]

Go under the fold to see ALA’s List of the Ten Most Challenged Books of 2006.

(more…)

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