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

August 14, 2008

got ONEsies?

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 2:31 pm

My alter egos all agree: We need to post more ONEsies [Odds-N-Ends] here at f/k/a — short, simple blurbs that succinctly point to, quote from, or opine upon stories or topics of interest. For one thing, they would cut a lot less into our (and your) nap time than the Editor’s customary prolix punditry. Denizens of this website know we’ve tried “one-breath punditry” before and (despite our poetic preference for tiny poems) have found it very difficult to be persistently pithy. Nonetheless, being curmudgeons, we’re all secret-optimists at heart, so here we go again — taking a deep breath and trying to keep it short, with a lotta help from Kobayashi Issa and his talented translator Professor David G. Lanoue.

the plowman
shows me a shortcut…
evening

.. ..

Click to see a MySpace video of Caloon Saloon performing “Odds & Ends” by Bob Dylan with Antoine Gratton.

on my sleeve
catching his breath…
worn-out firefly

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

Speaking of Onesies: We’re still waiting for follow-up news on the Got Milk? vs Got Breastmilk? controversy that burst into the news a few weeks ago. See our “got jugs?” post from July 30th. So far, Paul Bratton, the Alaska Backwoods Lawyer who represents the artist who made the controversial Got Breastmilk? Onesies and t-shirts has not offered any updates. If you have information on the latest stage of this trademark battle, please let us know.

a baby boy
cries for milk…
glorious blossoms

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

.. Hillary Hijacking the Convention: Yes, we’ve pledged to avoid writing political commentary at this weblog and have tried hard to stifle the urge, but (thankfully) Maureen Dowd surely hasn’t. In yesterday’s NYT column, “Yes, She Can” (New York Times, Aug. 13, 2008), Dowd tells how “In just a couple of weeks, Bill and Hill were able to drag No Drama Obama into a swamp of Clinton drama,” making the up-coming Democratic Presidential Convention “all about them.” I was annoyed to see that:

“Obama also allowed Hillary supporters to insert an absurd statement into the platform suggesting that media sexism spurred her loss and that ‘demeaning portrayals of women … dampen the dreams of our daughters’.”

But, I’m pleased to quote Dowd’s response:

It would have been better to put this language in the platform: “A woman who wildly mismanages and bankrupts a quarter-of-a-billion-dollar campaign operation, and then blames sexism in society, will dampen the dreams of our daughters.”

his detested wife’s
violets…
all have bloomed

pretending not to see
his wife’s face…
defeated wrestler

… by Issa and Lanoue

.. Trolleys and Train Tunnels: On the same day that the New York Times has a big spread about the hopeful future of streetcars in our nation’s cities, the Schenectady Daily Gazette, its Upstate minor-league cousin, reports on the discovery — about a block from where I live — of what appears to be the first-ever railway tunnel in the nation.

  • In “Downtowns Across the U.S. See Streetcars in Their Future” (New York Times, Aug. 14, 2008) we learn that: “At least 40 cities are exploring streetcar plans to spur economic development, ease traffic congestion and draw young professionals and empty-nest baby boomers back from the suburbs, according to the Community Streetcar Coalition, which includes city officials, transit authorities and engineers who advocate streetcar construction.”

Your editor misses the streetcars that still ran in Georgetown, when he was a college kid in DC, and has fond memories of those that are still operating in the Boston area. If you’re interesting in trolleys and streetcars, go to the APTA (American Public Transportation Association) Streetcar and Heritage Trolley Site, where you’ll find an illustrated overview of urban heritage trolley or modern streetcar systems currently operating in the United States and Canada, with a background description, photos and maps of each system.

cold sky
a trolley headlight
cresting the hill

… by paul m. – The Heron’s Nest (2000)

  • Sorry, Cleveland: According to Schenectady City Historian Don Rittner, he uncovered yesterday “the country’s first rudimentary railroad tunnel, buried in the center of the historic Stockade district.” See “Find may be the first railway tunnel” (Daily Gazette, by Kathleen Moore, Aug. 14, 2008):

. . . . “The 15-foot-deep tunnel snakes its way across what are now a dozen or more private backyards. But in 1832, that land was a major thoroughfare — the foundation of the city’s prosperity and growth for the next century. . . . Hundreds of business owners and daring families rode through the tunnel on trains so experimental that they were considered too dangerous [due to speed and sparks] to be allowed on city streets.”

Cleveland already displays what it claims to be the first railroad tunnel. However, Rittner says Cleveland’s was built two years after Schenectady’s — whose entrance was also the first junction of two railroad companies, according to Rittner. He’s hoping to convince the McDonald family, which owns The Stockade Inn, to let him dig up a portion of the tunnel nearby and display it forever under a see-through cover.

a big snow–
the exit tunnel
is my lucky direction

.. by Issa and Lanoue

tunnel of love
she props the stuffed frog
between us

Ed Markowski

subway blues
strummin’ light
through the tunnel

.. by Pamela Miller Ness from pink light, sleeping
(Small Poetry Press, 1998)

Psst, Meester, Wanna Buy a Beeg Car?: If you’ve been shopping for a small, fuel-efficient car — whether new or used — you know they’ve spiked up in price over the past few months. The flip-side of that phenomenon, of course, is the rapid decrease in value of S.U.V.’s and pickup trucks. Yesterday’s New York Times describes “An S.U.V. traffic jam” (Aug. 13, 2008), saying “The market for sport utility vehicles is starting to look a lot like the housing market, spreading pain to consumers, automakers and dealers.” For many families, switching now from an SUV to a small car means “selling low and buying high,” but they are doing just that, even though crunching the numbers would suggest they hold onto that dinosaur a bit longer (and instead try to drive a lot less). The NYT article explores the logic, the psychological dissonance, and the stark reality for manufacturers, dealers and consumers, in response to high gas prices.

MeNeFrego Despite our long loathing of unnecessarily large vehicles, the f/k/a Gang is successfully avoiding the congenital urge to say “We told you so.” So far, EQ and empathy are winning over schadenfreude — but, we’re only human.

world of suffering–
when the gods travel, too
a storm

… by Issa and Lanoue

This time Scalia’s Right (about Legal Writing): We often disagree with the often-disagreeable Supreme Court Justice Antonin Scalia (see our post “wordless Italian with Nino“). But, he made a couple of very good points last Saturday in a speech to “the Scribes” — the American Society of Legal Writers. See “Scalia: Legal Writing Doesn’t Exist” (ABAJournalNews, Aug. 9, 2008). In accepting a lifetime achievement award, the Crusty Justice to the Scribes “I do not believe that legal writing exists.” Scalia went on the explain:

“That is to say, I do not believe it exists as a separate genre of writing. Rather, I think legal writing belongs to that large, undifferentiated, unglamorous category of writing known as nonfiction prose. Someone who is a good legal writer would, but for the need to master a different substantive subject, be an equivalently good writer of history, economics or, indeed, theology.”

While teaching legal writing, a young Antonin Scalia correctly came to understand, “I as I think it must become to clear to anyone who is burdened with the job of teaching legal writing, that what these students lacked was not the skill of legal writing, but the skill of writing at all. To tell the truth, at as late a stage as law school, I doubt this skill can be taught.” The only hope to remedy that problem, according to Scalia, is the realization of two prerequisites for self-improvement in writing:

  1. “the realization—and it occurred to my students as an astounding revelation – that there is an immense difference between writing and good writing.” And
  2. “that it takes time and sweat to convert the former into the later.”

helping the child’s hand
write it…
the “Star Poem

walking on alone
I write on a wall…
autumn dusk

.. by Issa and Lanoue

computer weary Naturally, you knew . . .: Our perceptive readers surely figured it out long before the f/k/a Gang did: Writing a whole bunch of ONEsies, with poetry and images, saved us absolutely no time. We’ve frittered away almost an entire afternoon, on a rather balmy summer day. No nap or hammock time achieved yet today. None on the horizon. It’s back to the drawing board for a new strategy or Mission Statement for f/k/a.

weary cormorant–
no festival holiday
for you

so weary–
cool tree shade makes me
double back

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

August 13, 2008

13th of August again

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 5:31 pm

napperPark On a slow summer afternoon, the f/k/a Gang is often in a “year ago today” kind of mood — having learned long agao that rummaging in our archives can be a cheap, easy way to fill up a weblog posting. It’s been extra-sleepy around here all day, and with the evening approaching and nothing prepared to post, we’ve quickly checked out what was happening at f/k/a on the 13th of August in other years. We hope you’ll enjoy our reminiscence.

In 2008, as in 2007, August 12th and 13th bring the peak of the annual Perseid meteor shower. Click here for some great photos from 2007. And check your skies tonight for a heavenly show.

long after
the fireworks
a shooting star

…. by George Swede from Almost Unseen

trail dust settles—
a shooting star bobs
over a spider’s turret

… by Michael Dylan Welch – from Thornewood Poems

August 13, 2007 — Was a Monday, and we were praising “inspired solo” Sheryl Sisk Shelin for presenting Blawg Review #121 without the artifice of an awkward theme. See our post “having no inspiration can be inspiring.”

On a substantive note, we wrote about Our Uninspired Health Care System:, with a discussion of a New York Times editorial “World’s Best Medical Care?” (Aug. 12, 2007). We opined that it was easy to agree with NYT that:

With health care emerging as a major issue in the presidential campaign and in Congress, it will be important to get beyond empty boasts that this country has “the best health care system in the world” and turn instead to fixing its very real defects. The main goal should be to reduce the huge number of uninsured, who are a major reason for our poor standing globally. . . . The world’s most powerful economy should be able to provide a health care system that really is the best.

The New York Times has coincidentally published another eye-opening piece about the American health care system today. In “Health Benefits Inspire Rush to Marry, or Divorce” (Aug. 13, 2008, by Kevin Sack), we learn that “it is not uncommon for couples to marry, or even to divorce, at least partly so one spouse can obtain or maintain health coverage.” For example:

“In a poll conducted this spring by the Kaiser Family Foundation, a health policy research group, 7 percent of adults said someone in their household had married in the past year to gain access to insurance. The foundation cautions that the number should not be taken literally, but rather as an intriguing indicator that some Americans ‘are making major life decisions on the basis of health care concerns’.”

I’ve got to say it again: I’m ashamed to live in such a such a wealthy nation, which constantly lectures other peoples about “human rights,” but whose people are apparently too greedy and selfish — or its leaders too much in the sway of powerful lobbies and bogus ideologies — to grant every American the basic right to universal health care. The number of lives that have been lost, families that have been bankrupted, and decisions (from careers to marriages) that have been skewed, because we lack universal health care coverage is shameful. [For more on how our (non-)system of medical care compares to those in other industrialized democracies, see our prior post “please watch and discuss ‘Sick Around the World’” (April 16, 2008).]

yinyang For haiku inspiration, a year ago today, we posted the following poems that were selected for the Shiki Haikusphere 10th Anniversary Anthology (2007) (full cover image)

Valentine’s Day –
pulling a thorn
from my palm

blue heron
all paddles
at rest

melting snow
headlines of war
fall apart

…………….. by Yu Chang

he’s gone
and gone too
the hydrangea

early spring walk
the roughness of the scarf
that was mother’s

first cold night
my fingers snug
in mother’s old gloves

…………… by Roberta Beary

disinfectant jar –
there must be 14 or 15
barber’s combs

clouding sky
my finger
on the bear track

broken tennis racket –
my aging father says
he won’t replace it

………………………… by Michael Dylan Welch

Two more from Yu Chang from Upstate Dim Sum 2007/I

just in time
to pick blueberries
August evening

lingering heat
the pale color
of green beans

August 13, 2005 — We posted “first kisses and brain freezes“, which was a quickie, featuring the following haiku and senryu:

first kiss
deep in the woods
sunbeams filter down

… by Randy Brooks from School’s Out (Press Here, 1999)

lemon-ice stand –
the lawyer-dad looks for
a Brain Freeze Warning

… by dagosan

napHammock August 13, 2004 – Was a “rainy Friday the 13th” and found the f/k/a Gang with eyes closed, in a virtual hammock, listening to the delightful Rumpole Rests His Case (2002), narrated by Tony Britton. We opened our collective eyes long enough to share a handful of one-breath poems:

rain stopped
her silk blouse
on the chair

.. by paul m., from A New Resonance 2: Emerging Voices (Jim Kacian, Dee Evetts, eds., Red Moon Press, 2001); orig. pub.: Modern Haiku XXIV:2

the far edge
of the sea is lost
misty rain

…. by jim kacian, from Chincoteagu (Red Moon Press, 2000) taxi small

sudden lightning–
the street mime
claps

… by michael dylan welch, from snow on the water: The Red Moon Anthology 1998 (Jim Kacian, et al, Eds.).

baker’s dozen of
bagels — we eschew
triskaidekaphobia

the garbage bag lands –
squirrel and I
startle eachother

… by dagosan

August 13, 2006 — We were in the midst of a posting hiatus — and probably spent the day on a comfy futon, parked in front of a fan or two. Hmmm. Sounds like a great idea. See you in our dreams.

August 9, 2008

can coffee cure cranky counselors?

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 10:53 pm

A few days ago, we told you about cranky sleep–deprived lawyers. Because getting more sleep seems unrealistic for most of us, our search for solutions has focused on finding efficient, enjoyable, and easy ways to ingest copious amounts of caffeine. Naturally, a good cup of strong coffee comes to mind as the handiest method for overcoming the effects of too little sleep.

morning glories …
the bite & burn
of a double espresso

.. by ed markowski – Haiku Harvest (Fall/Winter 2005)

If you’re at all like the f/k/a Gang, coffee became an important part of your life right about the time you started your first real office job (for us, it was as a newbie lawyer) and discovered the joys of the bottomless free cup-a-joe in the snack room.

Monday again–
folks in the latte line
praise this morning’s moon

.. by Billie Wilson – Mariposa 11 (2004)

Of course, many Americans (such as Ms. Scheherazade at Stay of Execution) cringe at the suggestion of coffee as a cure for any ailment. They’ve been brain-washed into believing that there’s something unhealthy about drinking coffee, because all sorts of nannies in the health care sector have been trying over the past few decades to scare us away from coffee and caffeine with dire warnings of short- and long-term health risks.

Nonetheless, despite incessant nagging from close relatives and significant others (mostly of the female variety), most coffee drinkers have refused to give up imbibing their beloved, aromatic drink of choice.

Indeed, as we reported in “Your Coffee or Your Life?” (April 29, 2004), a survey several years ago found that coffee (not sex or chocolate) was mentioned by Senior Citizens most often as the item they would never give up just to stay youthful. Maybe age does bring wisdom.

the taste
of coffee –
the aftertaste

.. by dagosan [07-10-04]

It turns out that our stalwart fidelity to chronic coffee drinking (the real stuff, not that decaf impostor), has been vindicated. Over the past few years, there’s been a steady flow of research results to lighten the load and brighten the spirits of coffee lovers. See, e.g., our post “fill ‘er up” (Nov. 19, 2005), discussing the Harvard Gazette article “Coffee gets cleared of blood pressure risk; ” and the recent story in the Mainichi Daily News, “Caffeine enhances memory-forming brain cells, researchers find” (Aug. 6, 2008).

If your loved ones, or office mates, need more than your word (or even mine) that coffee is safe — and maybe even advantageous — for your health, the New York Times came to your assistance this week big-time, with the article “Sorting Out Coffee’s Contradictions” (by Jane E. Brody, Aug. 5, 2008). The Times notes that coffee is “America’s leading beverage and caffeine its most widely used drug,” and sees us as a “society determined to run hard on as little sleep as possible.” The article then sets up its central issue:

“But as with any product used to excess, consumers often wonder about the health consequences. And researchers readily oblige. Hardly a month goes by without a report that hails coffee, tea or caffeine as healthful or damns them as potential killers.

“Can all these often contradictory reports be right?”

Caffeine Myths Debunked: To counter “misguided information about caffeine and its most common source, coffee,” the NYT article presents the recent, comprehensive findings of the Center for Science in the Public Interest, and those of other research reports follow. See “Caffeine: The Good, the Bad and the Maybe,” Nutrition Action Health Letter, March 2008, Center for Science in the Public Interest (PDF, 2350 Kb). Thus, on a page captioned, What You May Not Need to Worry About, the NAH Letter debunks myths related to coffee and caffeine and Heart Disease, Cancer, Diabetes, High Blood Pressure, Osteoporosis, Dehydration, PMS, Weight Loss, and Growth.

coffeeCupSN “Coffee accounts for close to 75% of the caffeine we consumer.”

The NAH Letter’s Caffeine article, as summarized in the New York Times, explains a number of things Caffeine May Be Good For — including Parkinson’s Disease, Gallstones, and Headaches. More important, for our sleep-deprived lawyers and colleagues (who are prone to be cranky and less productive), it describes caffeine’s beneficial effects on Mental Performance, Physical Performance and Mood. For example:

  • Mental Performance: Caffeine improves alertness and reaction time in people, whether they are habitual consumers of caffeine or not.

coffee
in a paper cup–
a long way from home

.. by Gary Hotham – breathmarks: haiku to read in the dark

In the sleep-deprived, “It improves almost everything you can measure,” says [Harris Lieberman, a U.S. Army Research psychologist]. “It makes you more alert, it seems like you can perform complex tasks better, and your memory is better.”

  • [Note bene] Mood: “It’s no coincidence that people offer guests a cup of coffee.

“After consuming anywhere from 20 mg. to 200 mg. of caffeine, ‘people report increased well-being, happiness, energy, alertness, and sociability,” says caffeine expert Roland Griffiths of the Johns Hopkins School of Medicine.

  • Physical Performance: Caffeine helps the body burn fat instead of carbohydrate, and it blunts the perception of pain. Both can boost endurance.

But Note: Caffeine reverses some of the psychological effects of alcohol, but not the physical ones — possibly making inebriated persons even more dangerous to themselves and others, because they think they’re okay.

After years of my primary care doctor telling me that coffee did not count toward my daily water-intake goal, because it is a diuretic, I was pleased to see in the NYT that:

“Hydration. It was long thought that caffeinated beverages were diuretics, but studies reviewed last year found that people who consumed drinks with up to 550 milligrams of caffeine produced no more urine than when drinking fluids free of caffeine. Above 575 milligrams, the drug was a diuretic.

“So even a Starbucks grande, with 330 milligrams of caffeine, will not send you to a bathroom any sooner than if you drank 16 ounces of pure water. Drinks containing usual doses of caffeine are hydrating and, like water, contribute to the body’s daily water needs.”

In addition, those of us with heart-related health anxieties over drinking coffee, can relax according to the Times:

“Contrary to common belief,” concluded cardiologists at the University of California, San Francisco, there is “little evidence that coffee and/or caffeine in typical dosages increases the risk” of heart attack, sudden death or abnormal heart rhythms.

Let me (well, let Ms. Brody of the NYT) summarize for those who have a cranky lawyer or other sleep–deprived curmudgeon in your household or office:

Health Benefits: Probably the most important effects of caffeine are its ability to enhance mood and mental and physical performance. . . . Millions of sleep-deprived Americans depend on caffeine to help them make it through their day and drive safely. The drug improves alertness and reaction time. In the sleep-deprived, it improves memory and the ability to perform complex tasks.

So, don’t lose any sleep over drinking too much coffee during the day (yes, it will keep you up if ingested close to your bedtime). Better living through chemistry was never so tasty or economical than when reaching for a good cup of coffee.

Disclaimer: No amount of coffee or caffeine can help the congenitally grumpy (and you know who you are).

By the Way: Our favorite way to brew up a cup of coffee is using a (manual, non-electric) one-serving Melitta-style drip cone. If you don’t have one, check out Ready Set Joe. As they say at the One Cup Coffee Lovers Weblog, “Good results always seemingly follow if you’re patient, pour your hot water slowly, and then kick back and relax with the coffee.” So, listen up, all you young wastrels still buying $3 lattes, instead of making a much cheaper cup yourself at home or at your desk. And See “Javanomics 101: Today’s Coffee is Tomorrow’s Debt” (WashPost, June 18, 2005), and our blurb discussing the article.

coffee shop . . .
the only empty seat
still warm

… by Randy Brooks – from School’s Out (Press Here, 1999)

Day’s end–
sink faucet dripping
on the coffee dregs

… by Rebecca Lilly, from A New Resonance 2 (2001); orig. pub. Modern Haiku

last night’s bitterness
he adds twice the sugar
to his coffee

fierce wind
street sweeper has
another coffee

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

Sunday morning
ants on the rim of my
coffee cup

… by Carolyn Hall – The Heron’s Nest (II:1, Jan. 2000)

farewell dinner–
more hot coffee poured
into what’s left

… by Gary Hotham – Missed Appointment (Lilliput Review, Modest Proposal Chapbooks)

coffee berries
the conversation turns
to another ill friend

.. by Paul m. – called home (Red Moon Press 2006)

talking divorce
he pours his coffee
then mine

…….. by Roberta Beary – The Unworn Necklace (2007)

coffee brewing —
the moon and Orion
light the way

… by Billie Wilson from Haiku Harvest (Spring 2001)

Starbuck’s
a man in cowboy boots
asks for latte

.. by Yu Chang – Upstate Dim Sum (2004/II)

instant coffee
a stirring of leaves
in the courtyard

.. by Andrew Riutta

mom’s genes:
coffee-talk about
arthritis

empty coffee pot
gotta go
gotta go

used book –
someone else’s
coffee stain

July heatwave –
the hardhats grieve
over lukewarm coffee

……………………. by dagosan

August 8, 2008

eight haiku to celebrate 08-08-08

Filed under: Haiku or Senryu — David Giacalone @ 8:38 am

As you surely have already learned, the number 8 is lucky in many nations of East Asia. That’s apparently because the Chinese character for the number 8 is 八, or bā, which sounds like the word for prosperity (发, or fā). Naturally, the date 08/08/08 is considered lucky by a factor of three, which is why the Beijing Olympics Opening Ceremony began this morning, 08/08/08, at exactly 08:08 AM.

In addition to celebrating Triple-8 Day by re-posting Jim Kacian’s Haiku Primer (see our posting immediately below), the f/k/a Gang thought we’d reprise haiku and senryu that have appeared at this weblog containing the word eight. Much to our surprise, there have been exactly eight of them. Talk about auspicious!

Without further ado, and hoping they bring you and yours all kinds of prosperity and good fortune, here they are:

harvest moon–
the peddler selling
eight cent sake

seven tumble down
eight rise up…
maiden flowers

for eight pennies
the whole family celebrates…
summer ice!

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

for a second time
eight candles
on mother’s birthday cake

……………. by Hilary Tann – Upstate Dim Sum

bottom of the 8th
eight determined drunks
get the wave going . . .

… by Tom Clausen – Baseball Haiku (2007)

autumn rain
a hopscotch loses
its eight

……by Roberta Beary (3rd place tie, Moonset Haiku Contest, Ed. 4:1)

soap stings my eyes —
an eight-year-old’s face
flashes in the mirror

.. by dagosan [Aug. 28, 2004]

crossing the grasslands
eight hundred miles
of burma shave signs

.. by Ed Markowski

bonus written this morning:

dancing
with his 8-year-old
steppin’ light on old toes

.. by dagosan (Aug. 8, 2008, for James and Arthur Giacalone)

August 7, 2008

in praise of boredom

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 9:49 am

. . It’s summer time and parents around the globe keep hearing the same refrain: “I’m bored!” Cranky Prof. Yabut‘s usual reply is “Only boring people get bored,” but he really means “Only boring people stay bored.” If you’d like to have a more constructive response the next time your kids, co-workers, or students complain about being bored, just point them to Tuesday’s New York Times article “You’re Checked Out, but Your Brain Is Tuned In” (New York Times, by Benedict Carey, August 5, 2008). It tells of new conclusions that boredom should be

recognized as a legitimate human emotion that can be central to learning and creativity.”

The article makes several additional un-boring points:

  • Boredom as Spam Filter: When we feel bored, our brain has concluded “there is nothing new or useful it can learn from an environment, a person, an event, a paragraph.” But, “boredom is more than a mere flagging of interest or a precursor to mischief. Some experts say that people tune things out for good reasons, and that over time boredom becomes a tool for sorting information — an increasingly sensitive spam filter.”
  • Often Productive and Creative: “In various fields including neuroscience and education, research suggests that falling into a numbed trance allows the brain to recast the outside world in ways that can be productive and creative at least as often as they are disruptive.”
  • The 95% Solution: As a constant reaction to one’s environment, boredom seems related to depression, but:

“Boredom as a temporary state . . . is far from a passive neural shrug. Using brain-imaging technology, neuroscientists have found that the brain is highly active when disengaged, consuming only about 5 percent less energy in its resting ‘default state’ than when involved in routine tasks. . .”

Somehow, that slight reduction in brain activity “can make a big difference in terms of time perception. The seconds usually seem to pass more slowly.” Of course, those slower moments don’t produce a meditative calm or bliss. Instead, “They are frustrated, restless moments . . . that demands relief — if not from a catnap or a conversation, then from some mental game.”

A sigh from her
then one from me —
two pages turn

.. by George SwedeFrogpond XX/2

Sad to say, the Times article doesn’t help us figure out how to scratch that boredom itch. We get only a professorial dodge from Dr. Teresa Belton, co-author of the featured study: “When the external and internal conditions are right, boredom offers a person the opportunity for a constructive response.”

NOELs: nod-off episodes per lecture . . pointer dude neg . .

Speaking of professors, the classroom experience — from grammar to graduate school — has certainly been the inspiration for a large share of our species’ boredom moments. According to the NYT piece, a Canadian study of doctors attending lectures on dementia “found that in an hour-long lecture attended by about 100 doctors, an average of 16 audience members nodded off. ” The results are, to be honest, rather boring — not exactly a break-through in understanding the dynamics of tuning out:

“The investigators analyzed the presentations themselves and found that a monotonous tone was most strongly associated with ‘nod-off episodes per lecture (NOELs),’ followed by the sight of a tweed jacket on the lecturer.”

When you’re moping around the house and are overwhelmed by the tedium of life, you need to learn to direct your energy into constructive, creative activities — or, to discover the intrinsic meaning of common-place moments. And, if you’re having a serious attack of ennui while part of a captive audience (as in school, church or court, or at a conference or theater), you need to learn techniques for either 1) staying tuned in (in case there’s a test or Judgment later) or 2) appearing engaged and actively listening (out of respect for the speaker or the authority figure who made you attend).

For instance, how do you control the drool-while-napping-reflex or wipe that daydream smile off your face? And, just how much caffeine is needed to overcome a particular professor’s pedantic droning? If all those studies on boredom contain answers, I hope the New York Times will do some follow-up and let us know. Meanwhile, I’m hoping our regular audience — comprised mostly of experienced ex-law students (who somehow survived three very tedious years) and accomplished haiku poets (who live to turn the mundane into insightful moments) will leave helpful suggestions in our Comment box.

By the way, I just learned that the word “ennui” came from a Latin phrase meaning “I hate or dislike,” and which the French turned into a verb meaning “to annoy, bore.” Since those Frenchmen really hate being bored, they’ve probably developed the best antidotes to ennui. French lawyers and haijin are, therefore, particularly urged to add Comments below.

. . . . For relief from boredom now or at a future date, you can always head over to the websites of “Mad” Kane. In a pinch, there’s also the Bored At Work Forum – and its store.

If it’s Opera that puts you to sleep or causes you audience agita, the f/k/a Gang suggests you study Mad Kane’s “Guide for the Opera Impaired,” which just won Recovering Lawyer Kane the First Prize in the 2008 Robert Benchley Society Award for Humor Contest.

If like me, you’re already bored with this topic (and your Mama isn’t around to tell you to go outside to play), might I suggest a few topical haiku or senryu?

dozing off–
the soft drone
of mosquito flutter

.. by jim kacian – Chincoteague (Red Moon Press, 2000)

The old wind chimes
in the basement for winter
tinkle from my sigh

as the professor speaks
only his bald spot
is illuminated

.. by George Swede
“the old wind chimes” – The Heron’s Nest
“as the professor speaks” – Almost Unseen

traffic jam
a plastic dog
keeps on nodding

………Yu Chang – Upstate Dim Sum (2002/I)

between layers the stone mason’s nap

.. by w.f. owen – Haiku Notebook (Lulu Press, 2007)

tired of feeding
on the horse
the horsefly naps

misty day–
no doubt Heaven’s saints
bored stiff

under dewy umbrella-hat
nodding off…
the dog barks!

ashamed
napping, hearing
the rice-planting song

……. by Kobayashi Issa, translated by David L. Lanoue
commentary on “misty day”

four glazed eyes —
their first and last
date

… by dagosan

p.s.  The bored young lady at the head of this posting is my lovely niece Lissa (in a photo taken quite a few years ago).  She turned eleven on August 3rd, and her proud uncle wishes her a wonderful new year.

August 5, 2008

who’s cranky? another reason for law firm nap rooms

Filed under: Haiku or Senryu,lawyer news or ethics,q.s. quickies — David Giacalone @ 2:20 pm

napHammock A year ago, we argued that law firms have an ethical obligation to provide nap rooms for their aging members. A new survey done in the UK gives us a stellar “quality of life” or “professional civility” reason for more lawyer nap rooms. You see, a poor night’s sleep makes most people rather grumpy the next day at work. “Study highlights bad sleepers” (The Press Association, Aug. 3, 2008). And, a group of lawyers in their 50’s are apparently the most sleep deprived segment of British Society (via: Carolyn Elefant at Legal Blog Watch, Aug. 4, 2008). The f/k/a Gang believes that there’s nothing like a good nap to calm an old grump. (Note, however, that some people get even grumpier when a nap is interrupted.)

up all night
the Senior Partner forgets
his manners

.. by dagosan

Two Ends of the Bar: A Bloomberg article yesterday gives more detail. “Lawyers in Their 50s Are U.K.’s Most Sleep Deprived” (Bloomberg, Aug. 4, 2008):

“London lawyers aged 55 are the most sleep-deprived workers in the U.K. mainly due to stress, according to a study of 2,000 adults in a variety of jobs.

“Lawyers said they average about four hours sleep a night and admit they can be bad tempered and emotional leading to underperformance at work, according to an Aug. 1 study by GfK AG’s U.K researchers.”

Why are lawyers sleeping so poorly?

“Fifty-seven percent of lawyers cited work stress as the reason they toss and turn, 45 percent blamed discomfort with their bed, 41 percent said family problems were the root cause, and 40 percent blamed noise. Twenty-seven percent cited health worries and 25 percent blamed money worries for sleeplessness.”

Ironically, the best sleepers also had bar-related jobs:

“Among the other workers surveyed, 20-year-old single, female bar employees from central England were the U.K.’s best sleepers, averaging 10 hours a night.”

Clearly, middle-aged lawyers need more nap rooms — or, as Ed might say over at Blawg Review, perhaps they need to meet more twenty-something barmaids. [For more on the benefits of naps, see our post from May 2, 2008, “naptime: forwards and backwards.”]

By the way: The same research group offered another reason why so many Baby Boomers might be cranky these days (beyond wrinkles, arthritis, memory lapses, etc.): “Generation 50+ feels undervalued by the world of business and politics” (GfK, June 20, 2008)

empty cookie tin –
the hermit heads
back to bed

… by dagosan

insomnia-
a screensaver glows
through a dark window

… by jim kacian – World Haiku Assn.

p.s. I was wondering why the study got so many responses indicating that an uncomfortable bed was the source of sleeping problems — until I saw who sponsored the survey: bed maker Silentnight Holdings Plc. For example, in addition to the 45% of lawyers citing discomfort in bed, the results showed that:

“Just under half of people in East Anglia (43%), 40% of those in the south-west of England and 40% of those in Scotland said that not being able to get comfortable affected their sleeping patterns.”

afterwords (Aug. 7, 2008): Scott Greenfield adds trial tactics to the reasons for respecting the human need to nap in the afternoon, while confessing to engaging often in afternoon naps, despite not having yet entered his golden years.

update (Aug. 9, 2008): See our post “can coffee cure cranky counselors?

on the face
that last night called me names
morning sunbeam

. . . . George Swede from Almost Unseen

a noon nap
on a good day…
first rainbow

his quick nap
is just pretend…
hermit crab

restless sleep–
tea cakes in the hut
for Ninth Month moon

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

insomnia
a robin sings
all night long

napperPark … by Matt Morden – Morden Haiku (April 24, 2007)

sleepless . . .
the baby’s age
in days

.. by John Stevenson – Some of the Silence (Red Moon Press,1999)

sleepless night
snow to rain
by the sound of it

… by Tom Painting – The Heron’s Nest (March 2005)

too tired
to untangle
christmas lights

…………….. by Roberta Beary

sleepless night
she won’t stop
leaving me alone

3 am nature call–
the nagging drip
of icicles

twin beds arrive
she says
it’s ’cause I snore

…… by dagosan

scolding the cricket
in my sleep…
thatched hut
………. by Kobayashi Issa, translated by David G. Lanoue

August 3, 2008

a few friends play kukai

Filed under: Haiku or Senryu — David Giacalone @ 11:19 am

.. Every month, HaikuWorld hosts The Shiki Monthly Kukai — a peer reviewed poetry contest open to everyone (full details here). The Shiki folks pick two topics each month and “An anonymous list [of the sumbitted poems] is then distributed to all participating poets and they are invited to vote.” The results are then tallied and posted at the Shiki Kukai website, which has more than a decade of prior kukai topics and results in its archives.

Each month, several of f/k/a’s haiku friends participate in the Shiki Kukai. Here are topics and resulting poems by a few of our Honored Guest Poet friends, from the past few months. As you’ll see, even poems that weren’t top three monthly winners are worth sharing:

Shiki Kukai: Current Results; July 2008: Kigo Theme: Firefly; Free Format Theme: Documents

first firefly
the electrician shuts
his toolbox

… by ed markowski – Shiki Kukai (2nd Place, Kigo; July 2008)

on the fridge
the to do list
you left me

… . by Roberta Beary – Shiki Kukai (2nd Place, Free Format, July 2008)

firefly
my attention span
shortens

……. by tom painting – Shiki Kukai (July 2008)

will writing . . .
a lawn mower
strikes a rock

…… by Alice Frampton – Shiki Kukai (July 2008)

out of work
the framed diplomas
collecting dust

…… by ed markowski – Shiki Kukai (July 2008)

Shiki KukaiJune 2008: Kigo Theme: Sand; Free Format Theme: Secrets

play therapy
the jump rope
in knots

…. by tom painting – Shiki Kukai (1st Place, Free Format Theme, June 2008)

Shiki KukaiMay 2008: Kigo Theme: lilies; Free Format Theme: Musical Instruments

midsummer
the scent of lily
outlasts the day
….. by tom painting – Shiki Kukai (May 2008)

into the lily sunlight
out of the lily an ant

…… by w. f. owen – Shiki Kukai (May 2008)

calla lilies —
a young bride changes
out of her dress

…………. by DeVar Dahl – Shiki Kukai (May 2008)

Shiki Kukai: April 2008: Kigo Theme: Herb; Free Format Theme: Rust

exploring a new trail wild mint at the end

… by w. f. owen – Shiki Kukai (April 2008)

wild mint
a real estate agent praises
the shopping

…. by ed markowski – Shiki Kukai (April 2008)

fresh mint
at midnight —
first trimester

…. by Roberta Beary – Shiki Kukai (April 2008)

self sown
dill escapes
his ex-wife’s garden

…. by tom painting – – Shiki Kukai (April 2008)

where the barn’s tin roof
rusted through
Mars

… by ed markowski – Shiki Kukai (3rd Place, April 2008)

nursing home visit —
same rust stain
in the sink

…. by Roberta Beary – Shiki Kukai (April 2008)

the neighbors
still don’t speak
rust on the chain

… by DeVar Dahl – Shiki Kukai (April 2008)

deep rust
on the letter opener
hunter’s moon

… by Alice Frampton – Shiki Kukai (April 2008)

p.s.  It’s not exactly a contest, but Blawg Review #171, hosted by The IP ADR Blog and presented by Victoria Pynchon, does revolve around “aha moments” and creative sparks, as it catalogs the best posting over the past week at law(yer)-related weblogs.

July 30, 2008

got jugs?

Filed under: Haiku or Senryu,lawyer news or ethics,q.s. quickies — David Giacalone @ 10:35 am

®

. . . R U confused? . . .

it’s not swearing
it’s the only language
those cows understand

… by DeVar Dahl – from A Piece of Egg Shell (Magpie Haiku Poets, 2004)

ooh ooh Just a bunch of boobs? What were Knox Lemmon Anapolsky LLP, lawyers for the California Milk Processors Board, thinking when they sent a heavy-handed cease-and-desist letter to Alaskan artist and breastfeeding adovocate Barbara Holmes? The letter claimed that her hand-lettered baby onesies and t-shirts asking “got breastmilk?” infringed on the Milk Board’s “got milk?®” trademark. (See “‘Got milk’ lawyers huff at Talkeetna artist’s parody” (Anchorage Daily News, July 25, 2008); via Overlawyered.com; and see “Legal Blog Watch;” Language Log; and ) According to Paul Bratton, her “Alaska Backwoods Lawyer“:

Holmes has been given a deadline of July 22nd to ship to CMPB “all ‘got breastmilk?’ onesies and t-shirts”; destroy or remove all depictions of the offending items; and account for all profits generated by the sale of the items [Ed. Note: a total of either 6 or 16 shirts].

Click to see Barbara Holmes’ “one-woman operation” Mountntop Designs, where you can see a lot of her products and learn more about her. Her baby bugs clothing page does not have the Got Breastmilk? design.

Given the over-weaning ubiquity of the internet and the gleeful cattiness (and adolescent prurience) of the blawgisphere, the Board’s lawyers must have known that coming down hard on a sympathetic “Little Guy” like Holmes, with so little apparent legal justification and no competitive urgency, would earn them universal ridicule and condemnation. (see, e.g., The Legal Watercooler, “Attorney needed course in P.R.;” and Info/Law, “The most thorough trademark policing ever“) Are they just churning for billable dollars or out of their client’s control? Maybe not.

At their website, Knox Lemmon proclaims: penny smpenny sm

“Our practice encompasses business counseling and business litigation. Our business counseling lawyers work closely with our business litigators to exchange ideas and develop strategies for success. This close working relationship between our business counselors and business litigators benefits our clients’ interests because it takes account of the practical realities facing today’s businesses. (emphasis added)

Let’s accept their bragging as true: CMPB’s trademark lawyers know what they’re doing. They knew the near-frivolous C&D letter to the Alaskan artist concerning breastmilk would generate a gigantic response among the legal community and the press. They counted on it to achieve:

Their ultimate goal: Informing anyone else planning to free-ride on the fabulous success of the Got Milk? campaign — for commercial gain or make a point with stinging parody (as PETA tried to do last year) — that the Milk Board would protect its “beloved trademark” with a vengeance.

If so, they might be right and have benefited their client. But, that won’t stop me from concluding that this attack on Barbara Holmes and her onesies is silly as a matter of law and one more example that we’ve become an “overlawyered” nation.

In his post “got confusion?,” Linguistics professor Roger Shuy of Language Log asks and explains “[W]hat sort of claim could CMPB hope to make if it formally charges that “Got Breastmilk?” infringes its own trademark and will confuse consumers about the quality, nature, and origin of the product?:”

The three most common questions in trademark disputes are:

* Do the two names sound alike?
* Do the two names mean the same thing?
* Do the two names look alike?

In recent years some trademark cases also charge dilution, meaning that the reputation of the original mark has been diluted, tainted, blurred, or eroded by a second user, thereby causing consumers to be confused about the quality and origin of the products.

(In case you’ve somehow forgotten what the Got Milk? advertising campaign looks like, click to see samples of Got Milk? Posters, and check out the Official Got Milk? website)

Professor Shuy walks us through the above questions and — even without himself having seen a photo of Holmes’ onesies (a b&w version appears above) — sure convinced me that the chance for confusion is next to zero.

. . . . For one thing, the Milk Board’s trademark always uses the same distinctive font, which is a far cry from Holmes’ hand-lettered batik inscription.

According to lawyer Bratton:

“This law firm is representing Ms. Holmes and is sending a reply asserting the artist/advocate’s free speech rights, the fair use doctrine’s support for parodying of well-known trademarks, and the simple fact that encouraging mothers to breastfeed their infants cannot possibly create any real confusion or ‘tarnishment’ of CMPB’s trademarks.”

As several commentators have pointed out, Barbara Holmes — who has stated “It’s silly, but scary at the same time” she said. — herself probably makes the best pithy response to the Milk Board’s trademark claim:

“They say I’m going to confuse milk consumers,” she said. “How can you get confused between a boob and a bottle of milk from the store? They’re two different kind of jugs.”

Judging from their past practice, this seem like the kind of case that would interest our friends David, Hanno and Manfred at the Antitrust Review weblog. Perhaps they could help us understand the intersection of Intellectual Property and Antitrust laws, and whether the Milk Board could reasonably claim that human breastmilk poses a competitive threat to the bovine variety.

If the gang at the Knox Lemmon law firm are into etymology as much as Prof. Yabut is, they might want to point out in rebuttal that any kind of jug makes people think of milk and/or breasts. [The Got Milk? campaign has always featured both breasts and moustaches prominently in their ads.] You see, the slang term “jugs” for breasts apparently was inspired by milk jugs — but, the word jug meaning a container for liquids seems to come from the early English word for maidservant. As they say at Etymology Online:

. . jug: “deep vessel for carrying liquids,” 1538, jugge, variant of jubbe, of unknown origin, perhaps from jug “a low woman, a maidservant” (mid-16c.) . . . . Jugs for “woman’s breasts” first recorded 1920 in Australian slang, short for milk jugs.

passing the jug
the warmth
of many hands

… by Jim Kacian from from Presents of Mind (1996)

my hand curves
to fit your breast …
the windowsill, snowladen

…. by Michael Dylan Welch – from Open Window, haiku and photographs

ooh ooh Give ’em jug: Despite the possible etymological justification, I’d say the Milk Board’s lawyers deserve JUG – the term used in Catholic schools (including my Jesuit high school, as discussed here) for detention. Although some wags have opined that JUG is an acronym for “Justice Under God,” I’m inclined to think the word comes from the Latin word “Jugum” (burden or yoke), which led to the following meanings of the word (per The American Heritage® Dictionary of the English Language: Fourth Edition. 2000):

jug n. 3. Slang A jail.
jug v. 2. Slang. To put into jail.

I’ll let my intelligent readership draw its own conclusions about the likelihood of confusion or dilution, and otherwise muse upon the many meanings of jug.

afterwords (July 30, 2 PM): Coincidentally (and maybe a wee bit ironically), August 1 through 7 is World Breastfeeding Week. To celebrate, Linda at the courageously-named Got Milk?: Make Life Sweeter weblog is having a “Got Milk? Contest,” and is seeking recipes for a “sweet dish with milk as an ingredient.” She wants bloggers to post about their entry and is taking direct entries from those without weblog. (via Crunchy Domestic Goddess)

(update: July 31, 2008): I wonder when the lawyers at Knox Lemmon will get around to harassing the Oshkosh, Wisconsin breastfeeding advocates selling this Got Breastmilk? Onesie.

update (Dec. 1, 2008): Thanks to a Comment below from Jill Jalen, we have learned that the Milk Board is seeking a trademark for “got breastmilk?”.  See our follow-up post.

For those who came here looking for more one-breath poetry, here a jug-full by f/k/a‘s family of haiku poets:

silence
the baby finds
the breast

……………………. by Yu Chang from Upstate Dim Sum

praising the hostess
eggnog
in his moustache

. . . by Randy Brooks – from School’s Out

morning milking
the white
of mother’s breast

………. by alice frampton – New Resonance 3; Haiku Canada Newsletter XVI:3

heat wave–
the cow’s udder
hangs in the pond

… by DeVar DahlBasho Mem. Museum (English selections, 2005)

my best moo
all the cows
stop and look

… by DeVar Dahl – A Piece of Egg Shell (Magpie Haiku Poets, 2004)

fine print on her tee-shirt
she glares at me
for staring

… by dagosan — with photo haiga – at MagnaPoetsJF (Sept. 28, 2007)

winter moon
she tests the milk
on her wrist

.. by w. f. owen — Haiku Notebook

spilt milk
spreading along the grout lines
morning chill

… by Carolyn Hall – Heron’s Nest 11:5

our son spills his milk,
not an iota
of reaction from him

… by Tom Clausen – from Homework (2000)

bristled pine –
the autumn moon
has a moustache!

…. by Laryalee Fraser – Simply Haiku Vol. 2:2

dairy country…
in the pharmacy window
a breast pump display

… ed markowski – Bear Creek Haiku

.. p.s. Got Time? A friendly warning from the f/k/a Gang: I’ve again learned an important lesson this week. To wit, unless you’ve got nothing to do but hang out in a pasture chewing your cud, there are two weblogs you need to avoid, Legal Blog Watch and Overlawyered.com. Bob and Carolyn at LBW and Walter and Fred Overlawyered simply stuff far too much interesting stuff into their blawgs every single day — finding the most intriguing law-related stories from across the internet. They’re much too distracting and titillating for anyone with a deadline or in a rush. And, if you’re trying to mend your procrastinatin’ ways, stay away from the above-mentioned sites (and from Simple Justice, too).

one button undone
in the clerk’s blouse I let her
steal my change

.. by George Swede – from Almost Unseen (Brooks Books, 2000)

The above post is a great example of how easily one can be led astray. I’m not usually fixated on jugs — being a “leg man,” who is lactose intolerant, and addicted to caffeine rather than alcohol — but, Walter pointed me to this story, as did Carolyn, and I was hooked, spending far too much time chasing down this story and its penumbra.

So, don’t say you weren’t warned. If you can only afford one dalliance at a time, you better stick with f/k/a and stay away from that very seductive pair of bloogs.

July 28, 2008

our August 2008 haiga calendars

Filed under: Haiga or Haibun,Haiku or Senryu — David Giacalone @ 8:46 am

July rains and wanes, and it’s time to remind you that we’ve created two haiga calendar pages for August 2008 for your use and enjoyment. Below are sample-sized calendar pages for August from both of our free 2008 haiga calendars — the artsy Giacalone Bros. Haiga Calendar 2008 and the nostalgic fka Haiga Memories Calendar 2008.  See our prior post from last December for descriptions and links of the free 12-month calendars. (FYI: Haiga are pictures — paintings, sketches, photos —  combined with a subtly-linked haiku or similar poem.)

Just click on the sample calendar pages below to go to a printable full-size version. A link is also provided to a larger version of each of the original haiga used for the calendars.

– from the 2008 Giacalone Haiga Calendar

[full-sized for printing]

a blue tongue
and a red mustache –
trading snow cones

poem: David Giacalone -orig. pub. Frogpond (Winter 2008)

photo: Arthur Giacalone

– larger orig. haiga – also posted at MagnaPoets JF, in b&w (July 27, 2007)

And, from the 2008 f/k/a Haiga Memories Calendar

full-sized for printing –

the lifeboat
suddenly too small —
his guilty face

Poem: David Giacalone

Photo: MAMA G (1952)

[original haiga, Magnapoets JF, April 24, 2007]

July 27, 2008

listening to our post-oil prophet James Howard Kunstler

Filed under: Haiku or Senryu,q.s. quickies,Schenectady Synecdoche — David Giacalone @ 11:34 am

.. microphoneF . . If you’re interested in insightful and lively commentary on the history and future of suburbia and urban development in America, and the likely effects on our way of life of $4/gal. gasoline, head over to James Howard Kunstler‘s new website, The KunstlerCast — “a weekly audio program about the tragic comedy of suburban sprawl.” The site has offered weekly podcasts since Feb. 18, 2008 (with the inaugural podcast titled “Drugstores”). At KunstlerCast, Jim suggests that newcomers get acclimated with installments #8 (“The Glossary of Nowhere”), #6 (“Children of the Burbs”), and #10 (“Zoning”). Don’t fear that he might be too enmeshed in prophetic gloom-and-doom. As the Albany Times Union noted last March:

“When all hell breaks loose after the oil runs out and the military-industrial complex grinds to a halt, Kunstler will be the one rosining up the bow, cracking jokes, grinning broadly and intoning his signature phrase: ‘It’s all good!”’

For fellow podriahs, who still prefer to use eyeballs rather than ears when acquiring information or scanning web content, you’ll also find KunstlerCast Transcripts (currently with about a month delay). See, e.g., the transcript to the installment “Glossary of Nowhere.”

half a tank —
Old Glory in tatters
above the gas pump

… by dagosan (Oct. 13, 2005; hat tip to elizabeth macfarland)

From his nonfiction landmark “The Geography of Nowhere: The Rise and Decline of America’s Man-Made Landscape” in 1993, through “The Long Emergency: Surviving the End of Oil, Climate Change, and Other Converging Catastrophes of the Twenty-First Century” (2006), to his latest novel, “World Made by Hand” (2008), author (and painter) Jim Kunstler has been explaining what’s wrong with America’s sprawling suburbs and depdence on fossil-fuels, and suggesting solutions.

Kunstler was surely right when he warned in 1993, in The Geography of Nowhere, that:

“The newspaper headlines may shout about global warming, extinctions of living species, the devastations of rain forests, and other world-wide catastrophes, but Americans evince a striking complacency when it comes to their everyday environment and the growing calamity that it represents.”

But, he was also correct when he said:

“I believe a lot of people share my feelings about the tragic landscape of highway strips, parking lots, housing tracts, mega-malls, junked cities, and ravaged countryside that makes up the everyday environment where most Americans live and work.”

Jim Kunstler lives in Saratoga Springs, here in the New York Capital Region. The Schenectady Sunday Gazette ran an interview with him today, that will give you a good feel for Kunstler’s notions about what will and won’t work in America as we face dwindling supplies of fossil fuels and very expensive oil. “James Kunstler insists suburbs are done for” (July 27, 2008) Here’s a good sample Q&A:

Q: Where do you see things going in terms of the housing market? Will America abandon the suburbs in favor of the cities?

A: A lot of people (Realtors, builders, bankers) are waiting for the “bottom” of the housing crash, with the idea that we’ll re-enter an up-cycle. I see it differently. There won’t be a resumption of “growth” as we’ve known it, certainly not in suburban residential and commercial real estate. The suburban project is over. We’re done with that. (I know people find this unbelievable.) The existing stuff will represent a huge liability for us for decades to come as it loses value and utility and falls apart.

However, I also believe our big cities will contract. They are simply not scaled to the energy realities of the future. The successful places, in my opinion, will be the smaller cities and towns that 1.) have walkable neighborhoods, 2.) have proximity to water for power, transport and drinking, and 3.) have a meaningful relationship with a productive agricultural hinterland. Some places you can forget about completely: Phoenix . . . Las Vegas . . . they’re toast.

That’s about enough from me this sunny Sunday in Schenectady. I’m going to get out and enjoy my lovely, walkable neighborhood along the Mohawk, or maybe take a short drive to our agricultural hinterland.

early morning cool
men in hard hats gather
on the last patch of grass

……. by Randy Brooks – the loose thread: rma 2001; Modern Haiku XXXII:1

long wait alone
in the parking lot. . .
a dog in the next car

….. by Tom Clausen – being there (Swamp Press, 2005)

traffic jam
my small son asks
who made God

… by peggy willis lyles – To Hear the Rain (2002)

on the bridge
hundreds died to defend
end-to-end graffiti

…… by George Swede – Acorn #17 (2006)

corporate parking lot
another starling
settles on the power line

….. by Yu Chang – Upstate Dim Sum (2005/I)

p.s. Just as Jim Kunstler is a prophet ahead of his time, master-debater Scott Greenfield at Simple Justice is the premature host of Blawg Review #170, which he posted this morning rather than waiting ’til Monday. As the only colleague who encouraged him not to weigh down his turn as host of Blawg Review with an clumsy, annoying theme, I take some solace in reporting that Scott used such a light hand presenting his compilation of the best lawyer-blog posting of the past week (purportedly tied together by the 14th Amendment) that it seemed both seamless and themeless. As usual, you’ll find Scott’s mischievous brand of humor throughout his post, plus pointers to a lot of good blawgging (and purloined photo of the Giacalone Boys from 1971).

July 25, 2008

big boo for botoxed bridesmaids

Filed under: Haiku or Senryu,viewpoint — David Giacalone @ 1:35 pm

Like any normal American male, I often find myself both amused and appalled by the Fashion & Style Section of the New York Times. Appalled — and apprehensive over the state of our nation’s soul — was my main reaction to yesterday’s article titled “It’s Botox for you Dear Bridesmaids” (by Abby Ellin, July 24, 2008). In the piece, we meet bride-to-be Kacey Knauer, for whom “cosmetic interventions for herself and her entourage are as vital as the centerpieces or food.”

With help from an aesthetician, Kacey and many other women planning their weddings are now adding treatment plans for bridesmaids — “a quick chemical peel, say, or an injection of a wrinkle-filler,” or perhaps a series of Fraxel laser treatments over months [which “could set you back $1,200 a session”]. Over months? Yep:

“[Camille] Meyer of TriBeCa MedSpa suggests that a bride contact her the minute the question is popped. ‘ . . . If you have to do eight treatments, six weeks apart, that could take up to a year, she said.” And,

“It is no longer sufficient to hire a hairstylist and makeup artist to be on hand the day of. Instead, bridal parties are indulging in dermal fillers and tooth-whitening months before the Big Day.”

Okay, I admit that I’m a little bit touchy about this subject, and have been since certain female relatives strongly suggested that my brother and I needed to get haircuts for our sister’s wedding back in 1971. We both declined and were said by some to have “ruined your sister’s wedding photos.” [see their proffered proof at the head and foot of this posting] That little incident, combined with my natural distaste for ostentatious expenditures of money in the vain hope of creating a “perfect wedding” for the bride, plus many tales of chubby or pimply cousins left out of bridal parties, make me shudder to know that:

  • “Dr. Fardad Forouzanpour, a cosmetic surgeon in Beverly Hills, Calif., said his business has increased more than 40 percent since he began offering what he calls Bridal Beauty Buffets in 2006.” And,
  • “In the last two years, bridal party tuneups have increased roughly 25 percent, estimated Susie Ellis, the president of SpaFinder.com, a site that lists 4,500 spas worldwide.”

Even worse, it’s the over-30 brides (and grooms) — who simply should have better priorities — who are leading this new trend, as they are most likely to have wrinkly girlfriends and mothers. Happily, the NYT article informs us :

  • “But for every accommodating pal, there’s another who feels going under the knife is beyond the duty of bridesmaid. Becky Lee, 39, a Manhattan photographer, declined when a friend asked her — and five other attendants — to have their breasts enhanced.” And,
  • “A bride’s request that you whiten your grayish teeth can strain a relationship.”

Of course, the Times writer has cogent advice: “And how does a bride break it to a mother-in-law that she’d love her crow’s feet to be frozen into submission? Very delicately.” You can draw your own conclusions about this new trend in wedding-party beautification. Sadly, it looks like neither Issa nor I will be invited to be best man, or to give away a bride, at any posh weddings this year.

shielding a wrinkled
face…
paper fan of Edo

comparing my wrinkles
with the pickled plums…
first winter rain

looking up, wrinkles
looking down, wrinkles…
a cold night

tired of walking
my wrinkled arm
the flea jumps

lightning flash–
no way to hide
the wrinkles

entwined
by the maiden flower…
my wrinkled foot

the night spent looking
at my wrinkled hands…
autumn rain

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

 

Weddingruined3g

 

rain on
my bald spot —
recalling dry-scalp Aprils

 

. . . . . david giacalone – Magnapoets JF
poem – Haiku Harvest (Spring 2006, Vol. 6 No. 1)

 

wedding rehearsal
she models her new
cup size

ceremony over
the bride unveils
her tattoo

… by roberta beary – Simply Haiku (Winter 2005)

hazy harvest moon
the face I met
when our skin was smooth

………. by David Giacalone – The Heron’s Nest (Vol. IX: 4, Dec. 2007)
Happy 60th Anniversary to Mama and Papa Giacalone –

. . . . . . .

Everywhere I Look
by Roberta Beary

products promise me younger looking skin now that sixty
is the new forty in a world where no one grows old
movie stars with wrinkles look so last century

purple bouquet
it looked so good
in the store

– haibun from Frogpond, Vol. 31:2 (Spring/Summer 2008) –

. . . . . .

 

junk drawer
under a pile of tangled laces
our wedding portrait

…………. by ed markowski

Linda & Brian marry (April, 1971), without an aesthetician intervention. Naturally, the bride did not need one.

 

July 24, 2008

video of the Chautauqua Baseball Haiku Roundtable

Filed under: haijin-haikai news,Haiku or Senryu — David Giacalone @ 11:38 am

. . Baseball Haiku at Chautauqua, June 26, 2008 . .

see the 49-minute Roundtable on video at FORA.tv

Has your game been rained out? Have storms or floods forced you indoors, too? Are you looking for a family- or workplace- safe video to watch at your computer this afternoon? Well, I suggest the 49-minute video of the Base Haiku Roundtable, from the Chautauqua Institution (June 26, 2008), available free online from FORA.tv.

I just discovered FORA.tv today (thanks to Ed Markowski), and it is a Prolific Playground for the Pensive Procrastinator. As they say on their About page:

FORA.tv delivers discourse, discussions and debates on the world’s most interesting political, social and cultural issues, and enables viewers to join the conversation. It provides deep, unfiltered content, tools for self-expression and a place for the interactive community to gather online.

After you’ve watched the Baseball Haiku video, savor some of the poems again, with this reprise from our June 28th recap of the Roundtable:

summer loneliness . . .
dropping the pop up
i toss to myself

… by Ed Markowski – Baseball Haiku (2007); pop up (tribe press, 2004)

biking to the field
under a cloudless sky
my glove on the handlebars

…. by Cor van den Heuvel – Baseball Haiku (2007) and Play Ball (Red Moon Press 1999)

at the produce stand
a kid with a baseball
plays catch with the awning

…. by Al Pizzarelli – from Baseball Haiku (2007); The Windswept Corner (2005)

rainy night
a hole in the radio
where a ballgame should be

…. by Ed MarkowskiBaseball Haiku (2007); Games (2004)

Cor & Ed at the Roundtable (by Sara Etten)

through the blue sky
the tape-wrapped baseball trails
a black streamer

conference on the mound
the pitcher looks down
at the ball in his hand

..… by Cor van den Heuvel, from Baseball Haiku (2007) and Play Ball (Red Moon Press 1999)

late innings
the shortstop backpedals
into fireflies

summer haze infielderG
i pick off
the invisible man on first

“red hots!”
for an instant i’m ten
and
father’s still alive

April rain
my grandson practices
his infield chatter

………………………. by ed markowskiBaseball Haiku (2007)

game over
all the empty seats
turn blue

 

at shortstop
between innings
sparrows dust-bathing

the score keeper
peeks out of the scoreboard
spring rain

 

.. by Al Pizzarelli – from Baseball Haiku (2007)
“score keeper” – The Windswept Corner (2005)
“at shortstop” – Past Time (1999)

One more reminder to check out Ed Markowski’s free online brochure, “American Sports . . . American Haiku” (June 2008; cover), which has two dozen sports haiku and senryu that were compiled to celebrate the Sport in America week at Chautauqua.

July 23, 2008

making frivolous lawyers pay

Filed under: Haiku or Senryu,lawyer news or ethics,viewpoint — David Giacalone @ 4:13 pm

It’s been three years since I posted this quote — in a piece called “counsellor or mercenary?” — from Sol Linowitz‘s book The Betrayed Profession (Scribners, 1999; the passage is also found in the June 1999 issue of DCBA Brief):

SolLinowitz “Elihu Root . . . put the matter more simply: ‘About half the practice of a decent lawyer,’ he once said, ‘consists in telling would-be clients that they are damned fools and should stop.’

“Today there are too few lawyers who see it as part of their function to tell clients (especially new clients) that they are damned fools and should stop: Any such statement would interfere with the marketing program. The public pays, because the rule of law is diminished.“

Later in the same chapter, titled “Living the Law,” Linowitz notes:

“The doctrine that professionalism means respect for the client’s ‘autonomy’ and commands doing whatever the client wants is, after all, most convenient. Nobody ever lost a client by doing exactly what the fellow wanted, but much lucrative legal work has been sacrificed by lawyers who regretfully told prospective clients that this was something they were not willing to do.”

 

Sol’s words and quotations came to mind today, when I saw the Law.com article “Law Firms Held Liable for Fees in ‘Tissue of Lies’ Patent Suit” (New York Law Journal, July 23, 2008). Anthony Lin’s piece begins:

NoYabutsSN “A federal judge has ordered a patent holder and his lawyers to pay attorney fees for bringing an infringement suit based on ‘nothing more than a tissue of lies’.

Irving Bauer had sued Romag Fasteners Inc., a manufacturer of magnetic snap closures for handbags, for infringing a 1996 patent on a new type of closure he claimed to have invented.

Last week, in Advanced Magnetic Closures Inc. v. Rome Fastener Sales Corp., 98 Civ. 7766, Judge Paul A. Crotty of the Southern District of New York invalidated Irving Bauer’s patent (for magnetic snap closures for handbags), finding that Bauer’s testimony about his inventorship “bore clear indicia of fabrication,” and adding that he was “convinced beyond a shadow of a doubt” that Bauer was no inventor.

Here’s the part of the article that most interested me:

“The judge held New York law firm Abelman, Frayne & Schwab, which initially represented Bauer in his suit against Romag, jointly and severally liable for Romag’s attorney fees after Feb. 11, 2006. That was the earliest date, the judge said, Abelman Frayne should have realized expert testimony the firm planned to use to support Bauer’s claim had been contradicted by testing.

‘By persisting with this claim to trial, Abelman counsel played a central role in so unreasonably and unnecessarily multiplying the proceedings so as to give rise to bad faith litigation,’ the judge said.

Bauer replaced the Abelman firm in August 2007 with David Jaroslawicz of Jaroslawicz & Jaros. The judge held Mr. Jaroslawicz jointly and severally liable for Romag’s costs after Oct. 5, 2007, finding he also should have been aware of the deficiencies of Bauer’s claims.”

Romag’s lawyer, Norman Zivin of Cooper & Dunham in New York, said he had previously requested around $1.2 million in attorney fees, though he said the judge would likely modify that amount.

just say no Judge Crotty’s willingness to hold the lawyers responsible for their opponents’ fees is a welcome change from my last direct experience with frivolousness petitions in 1990 (see my war story for some of the facts). At that time, I specifically asked that opposing counsel be liable for fees after bringing a frivolous claim against my client (which was contrary to the existing police vehicle accident report and their own client’s guilty plea to vehicular manslaughter), and then continuing to maintain the claim for four years, despite expert reports and legal memoranda making it clear they had no valid basis for a claim. [Remember, “frivolous” does not simply mean without merit, it means “without a reasonable basis in fact or law.” See, e.g., Model Rule 3.1]

At the time, opposing counsel were outraged that I would ask that they be held responsible. The judge granted my motion for fees, saying that commencing the action was “irresponsible and frivolous,” and the failure to discontinue it compounded their bad faith. Nonetheless, he directed that the client corporation and individual pay our fees and costs, without even mentioning my request concerning their lawyers.

Root and Linowitz are clearly right: It is the lawyer’s job to say no when a client wants to press a frivolous claim, or when the lawyer is tempted sua sponte to make a baseless claim in order to curry favor with a client. The mere fact that saying no might lose you a client, or anger one, is not a good enough reason to go along. Lawyers are gatekeepers, with important responsibilities to the courts and the public. Seeing that Bauer’s lawyers might have to pay $1 million in fees should have a major deterrent effect on the rest of the Bar. It should.

The sole poem that I posted three years ago today gives me another idea for deterring cases like Bauer-Romaq:

in the misty day
no window can be seen…
a prison

 

……. by Kobayashi ISSA, translated by D.G. Lanoue

This one from one year ago today suggests another party we might want to intervene when confronted with such a “tissue of lies:”

thunder . . . erasingS
little leaguers chatter
silenced

……………………. by Randy BrooksBaseball Haiku (2007)

These don’t seem to be related in law or fact, but are worth reprising from July 23, 2007:

mountain butterfly
from her boulder
to mine

moonrise . . .
cattle single file through
the narrow pasture gate

early morning cool
men in hard hats gather
on the last patch of grass

tongue out
the boy guides a new airplane
round and round

……………………. by Randy Brooks
“early morning cool” – the loose thread: rma 2001; Modern Haiku XXXII:1;
“moonrise . . .” – the loose thread: rma 2001; tundra 2
“mountain butterfly” – a glimpse of red: RMA 2000; Modern Haiku XXXI:2

July 21, 2008

grinning chimps, hot stocks and hotham

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

Chimp Abuse? Did you see the op/ed piece by Steve Ross in today’s New York Times, titled “Chimps Aren’t Chumps” (July 21, 2008)? He wants an end to the use of cute chimpanzees on greetings cards and in ads and marketing — such as “the exaggerated grin on the face of a young chimpanzee, often one that’s wearing sunglasses or a grass skirt.” Ross, the supervisor of behavioral and cognitive research at the Lester Fisher Center for the Study and Conservation of Apes at the Lincoln Park Zoo, says of the grinning chimp:

“But this picture, harmless as it might appear, is giving the public the mistaken and even dangerous impression that chimpanzees have a safe and comfortable existence — and nothing could be further from the truth.” And,

“A progressive society should weigh the moral costs and benefits of practices like these. Misrepresentations of chimpanzees may not be as repugnant as racism, bigotry or sexism. But they can still serve as a benchmark for our society’s moral progress.”

“. . . The good news is that a growing number of companies, including Honda, Puma and Subaru, have pledged to stop the use of primates in advertisements.”

Yikes. I’m sorry Dr. Ross, but there are far too many important things to worry about on this planet of ours to fret over “misrepresented” chimpanzees. I can’t take your argument seriously enough to work up a cogent response. (Ditto for the post at Animal Person yesterday “On Speciesism and Animal Actors.”) But, I will say that it has never crossed my mind that pictures of cute pandas, peaceful dolphins or grinning chimpanzees meant their species were all thriving and safe — and I can’t imagine why you’d think [reasonably thoughtful] members of our species would have that illogical reaction.

evening loon call —
nothing makes it
call again

.. by Gary Hotham – from Missed Appointment (Lilliput Review, Modest Proposal Chapbooks 2007)

I’m pleased, however, that Ross’ piece got me to Google my favorite childhood chimp, Cheeta, to see how he’s doing. In 2006, I wished the co-star of a dozen Tarzan movies, and oldest living nonhuman primate, a happy 74th birthday. Today, I want to congratulate Cheeta (that’s him at the head of this paragraph and of this posting) for getting a star on the Hollywood Walk Of Fame earlier this month. (See The Mirror.co.uk, August 7, 2008). And, we can celebrate Cheeta’s latest comeback, at 76 — appearing in a new video of the hit country music song “Convoy,” which can be downloaded from iTunes.

window window–
the child pressing against
the rain

flashing ambulance lights–
rain still filling
every puddle

…… by Gary Hotham – Missed Appointment

Greenfield’s Bullish on Tasers: We don’t usually look to criminal lawyer Scott Greenfield of the Simple Justice weblog for investment tips. But, today we find Scott touting Taser International (July 21, 2008).

“As the stories of police using tasers in lieu of thinking become legion, there can be only one smart move: invest. Jonathon Turley posts about the latest taser target: [a blind Ohio woman with cancer)]”

It seems to me, however, that private citizens, not law enforcement, are going to fuel the growth in Taser sales over the next few years — and that scares me more than the continuing Taser abuse by police. Some real stock experts agree (see “Taser misfires but Still Has Potential,” The Street.com, by Tom Au, April 16, 2007):

“Electric stun-gun maker Taser International(TASR – Cramer’s Take – Stockpickr) seems more of a venture capital play than a conventional stock play on the basis of company’s recent earnings and news.”

That’s because:

“Taser is also planning to shift its marketing strategy, following the strong reception its new pocket-sized C2 personal protector received at January’s Consumer Electronics Show and the resulting favorable media coverage. The company now hopes to sell more of its products, including the C2, to individual consumers as well as to members of the ‘self defense’ and private security markets rather than law enforcement agencies.”

. . . “[I]n the wake of its earnings report, the company may appeal more to those of a venture capitalist bent than the private investor, which is why my position is smaller than usual. Taser has a bunch of scientifically innovative products that potentially address a major need: preventing more Virginia Tech (and smaller-scale) shootings. Depending on societal acceptance, the market could be huge.” “

Yes, it’s shocking. One online seller of Tasers declares:

The TASER can be used more effectively and safely with less training than other self-defense technologies.

LEGAL TO CARRY

TASER devices are not considered firearms. They can be legally carried (concealed or open) without permit required in 43 states.

Indeed, “The TASER X26C series [available for $999.99] offers the highest take-down power available. With advanced new Shaped Pulse technology, the TASER X26C provides Electro-Muscular Disruption (EMD) technology which . . . debilitates the toughest targets, without causing injury or lasting after-effects.” Still not convinced Taser is for you and those you love? Remember:

“TASER technology has been available to citizens concerned with self-defense for over a decade. Unlike conventional weapons, TASER is effective with a hit anywhere on the body. To be effective for self-defense, bullets risk more lethal consequences, striking the head or vital organs. Similarly, chemical or pepper sprays must hit an assailant in the face � a much less reliable alternative in fast moving confrontations. And, in a windy environment, sprays can be blown back onto the user.”

For now, I’m glad to be living in New York, as “TASER is not available for private citizen defense in DC, HI, MA, MI, NJ, NY, RI, & WI.” But, recent Supreme Court action on the 2nd Amendment suggests they’ll soon be available legally everywhere. So, as Scott says: “there can be only one smart move: invest [in Taser]” — and never leave home.

 

Enough monkey business ’round here. How about a few more selections from Missed Appointment by Gary Hotham?

snow covering things
we see every day —
the fortune left in the cookie

farewell dinner–
more hot coffee poured
into what’s left

long after sunset–
darkness not stopping the odor
of fallen leaves

…… by Gary Hotham – Missed Appointment (Lilliput Review, Modest Proposal Chapbooks 2007)

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