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

April 29, 2007

vote Education in ’08

Filed under: Haiku or Senryu,q.s. quickies,viewpoint — David Giacalone @ 5:26 pm

   Although their logo/slogan EDin’08 seems poorly chosen, billionaire philanthropists Eli Broad and Bill Gates get an A for Effort and Commitment for creating the new Strong American Schools project, and donating $60 million dollars to put education high onto the agenda of the 2008 presidential race (press release, April 25, 2007).  You may have already seen their Histery of IRAK newspaper ad, which says — under the chalky mispelled words — “Debating Iraq is tough.  Spelling it shouldn’t be. America’s schools are falling behind. It’s a crisis that takes leadership to solve. So to all presidential candidates we say, ‘What’s your plan to fix our schools?’ ”  

EDin08LogoF  Before writing a few serious paragraphs, I must do a school-masterly tsk-tsk over the choice [by education (and good-spelling) advocates!] of “ED in’08” as the Project’s logo.  In 2007, virtually everybody from Bob Dole to Jay Leno, and from Merriam-Webster or the OneLook Dictionary‘s Quick Look, to Wikipedia and the acronym experts at Stammtisch Beau Fleuve, knows that “ed” as a word or an abbreviation means “education,” while ED is an initialism that stands for Erectile Dysfunction.  You don’t have to be a stickler for linguistic precision, or even a too-quickly-aging Baby Boomer (and his significant other), to be turned off by a campaign promising more ED in ’08.  Of course, certain pharmaceutical companies, and hordes of email spammers, might feel differently, but they don’t get a vote here at f/k/a.  We prefer “ed in ’08” or “educate in ’08.”

 

during discussion
on the meaning of life       the crunch
of a student’s apple

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

 

  SASlogo  Logo logos aside, citizens (and aliens) who want to see much more done to improve the education of America’s youth can readily agree with Bill Gates that “The lack of political and public will is a significant barrier to making dramatic improvements in school and student performance.” (New York Times, “Billionaires Start $60 Million Schools Effort,” April 25, 2007)  A campaign backed with scores of millions of dollars for publicity, organization and follow-through should go a long way to assure that presidential candidates (and the public) take education seriously enough to make it a top priority and construct (or demand) specific proposals.   As project director Roy Romer, former Colorado governor and recent school superintendent of Los Angeles, noted at his related weblog, they want the next President of the United States, on his or her first day in office, to “make a Kennedyesque or Reaganesque call to get this done.”  (Roy Romer’s Blog on Schools, “Why involve the presidential candidates in Education?“).  Romer continues:

“The next president will pick one issue on that first day in office … and we want it to be education, because people will listen, they will pay attention and they will start acting.”

In their press release and public statements, the leaders of Strong American Schools make it clear that they will not be endorsing any candidates, but will instead focus on creating conversation, brainstorming and debate on three main areas (as outlined and expanded by Romer):

  1.     American standards (agreed upon by the states not forced down their throats by the federal government). That means a fourth-grader is learning what she needs to be successful no matter where she lives, whether Iowa or South Carolina or California.  All youngsters need to prepare for college and compete for good jobs, so they should have the educational foundation. That’s number one.
  2.     [E]ffective teachers in every classroom. A lot of people would like to interpret this to mean that we are knocking teachers. That’s just wrong. We are trying to identify the best ways – notice I say ways, not one single federal way – to attract and support and reward the most effective teachers for every subject and every classroom.  And that means compensating teachers based on performance and willingness to take tougher jobs.  But again, there are many ways to do that, and we will be highlighting lots of different ways over the next few months.
  3.     [M]ore time and support for learning. Again, there are a lot of ways to get this done. We want to explore the many possible ways to do that with people.

first day of term
her new school uniform
bright in the mist

……………………… by Matt Morden from A New Resonance 2

EDin08Logo  It looks like Roy Romer’s Blog on Schools will not be a mere trend-conscious afterthought.  Romer seems to enjoy the weblog format and has already used the platform to “clarify” issues. For example, in “It’s Not About Specifics … Yet,” he tells those who want specific proposals that the Project wants to start a conversation, providing “some hard information and statistics and direction,” but listening to the ideas of others.  Additionally, in “Great Launch … But Let’s Be Clear About ED in 08,” he says that “a couple of misperceptions have arisen, and I want to address them right now.”  He worries that “Some of the news coverage used loaded terminology that we don’t use and we don’t agree with. When that happens, it’s easy for anyone to read and get the wrong idea about our positions,” and says “Let me give you two examples”:

  1. “National curriculum” – Somebody wrote that we are calling for that. Let’s be clear: Strong American Schools and the ED in 08 campaign are not calling for a national curriculum, period.
  2. “Merit pay” – Somebody said we want that. That’s wrong. We are not pushing some narrow merit pay scheme. The bottom line is … good teaching, effective teaching.  What we want is to find a way to focus on good teaching. That is the outcome that matters. Good teaching … how do we value it … how do we support it … and how we reward it so we can get more of it.

Romer might have been concerned about coverage such as found in the NYT article cited above, which stated, for example: “While the effort is shying away from some of the most polarizing topics in education, like vouchers, charter schools and racial integration, there is still room for it to spark vigorous debate.”  It went on to point to the dislike of usually-Democratic teachers unions for “merit pay,” and the disdain for a “national curriculum” by state’s-rights conservatives.

 

windowless classroom     ReportCardN      
the blank look
same as last term

 

fund drive
the ivy covered building
has a new name

 

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

 EDin08LogoS  I’m looking forward to watching the conversation — and the dance of the candidates — unfold over the next year.  Even beyond the crucial importance of the subject, it should be fascinating and instructive to see how so much money from a nonpartisan, nonprofit issue-group impacts a presidential election.   I hope Roy Romer’s weblog will be a good place to find out what issues and controversies are bubbling to the top of the presidential stew, now that education has been taken off the backburner.

 

school’s out —
on the child’s forehead
a blue reward star

 

youth orchestra
two rows of harps
bow to applause

 

after school meeting
collage clouds turn
round and round

 

 first day of term
 a mother pushes scooters
 away from the school

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

 

chalk dust
in the eraser trough
autumn chill

 

a new term
clear water tumbles
over stones

…………………………………. by Peggy Lyles
“chalk dust” – To Hear the Rain (Brooks Books, 2002)
“a new term” – Snapshots Haiku Magazine #9 (2001)

 

 q.s. quickies …………… 

failG  Less Stress In Deed: A couple days ago, Phillip L. Clay, chancellor of the Massachusetts Institute of Technology, was quoted saying “In the future, we will take a big lesson from this experience.”  (New York Times, “Dean at M.I.T. Resigns, Ending a 28-Year Lie,” April 27, 2007)  Chancellor Clay was referring, of course, to the tale of Marilee Jones, M.I.T.’s dean of admissions, who has become well known nationally for urging stressed-out students competing for elite colleges to calm down and stop trying to be perfect. As the Times, reports, Jones admitted this week that “she had fabricated her own educational credentials, and resigned after nearly three decades at M.I.T. Officials of the institute said she did not have even an undergraduate degree.” The article explained further:

“Ms. Jones, 55, originally from Albany [NY], had on various occasions represented herself as having degrees from three upstate New York institutions: Albany Medical College, Union College and Rensselaer Polytechnic Institute. In fact, she had no degrees from any of those places, or anywhere else, M.I.T. officials said.”

I’m not sure how much coverage Ms. Jones’ scandal got elsewhere in the nation.  Here in the Albany area (and, in my town of Schenectady, home of Union College), the papers gave it a lot of space.  Is this a tale of irony or simply hypocrisy?  NYT tells us Jones was considered “a kind of guru of the movement to tame the college admissions frenzy.”  She’s been touring the nation as co-author of the book “Less Stress, More Success: A New Approach to Guiding Your Teen Through College Admissions and Beyond.  If the book tour continues, a lot of people might show up to see a prime example of getting through the higher education machine with about as little stress and as much success as possible.   As a good weblogger should, I must caution my readers: Don’t Try This At Home.

drama class
the novice
botches a death scene

………… tom painting – frogpond XVII:3 (2004)

pentacleFlowerN  Pentacle Spectacle: Did you see that the “Use of Wiccan Symbol on Veterans’ Headstones Is Approved” (New York Times, April 25, 2007).  Yep, it took them years, but the VA settled a lawsuit — to save the taxpayers the cost of litigation —  agreeing, according to the Times, “to add the Wiccan pentacle to a list of approved religious symbols that it will engrave on veterans’ headstones.”  I’m pleased to see that Americans United for the Separation of Church and State represented the plaintiffs in the case. In a country with religious freedom at its cornerstone, it seems to me that the VA has no place banning a requested symbol from the headstone of a deceased veteran — no matter that it is paid for with taxpayer dollars.  They say there are no atheists in a foxhole, but I hope an agnostic or two will be suing soon for the right to have their symbol of choice engraved on their headstones, too. 

pentacle FYI: Per NYT: “Though it has many forms, Wicca is a type of pre-Christian belief that reveres nature and its cycles. Its symbol is the pentacle, a five-pointed star, inside a circle.” An “Altreligion” website tells us that: “The pentacle, a pentagram within a circle, is the most recognizable symbol of Wicca. The pentacle represents the integration of body and spirit, and the spiritual mastery of the four elements.”

winter solstice
adolescent wiccans
flunk a spelling test

………………. by dagosan

p.s. Update (April 30, 2007): Thanks to Brett Trout at Blawg IT for including f/k/a‘s post on Florida’s capricious Dignity Police in this week’s Blawg Review # 106.  As I haven’t had time to cover the story, I was pleased to see in BR#106 that both Ted Frank at Overlawyered.com and Carolyn Elefant at LegalBlogWatch skewered D.C. Adminsistrative Law Judge Roy L. Pearson, Jr. for the abusive lawsuit he has been prosecuting against a neighborhood cleaner shop, in which he is seeking $65 million in damages for a pair of misplaced suit pants.  The beleaguered mom-and-pop defendants offered $12,000 in settlement, but were rebuffed (see Washington Post article).  Carolyn seems to have it about right, when she says

“As for Pearson, I can imagine the appropriate remedy for a lawyer who persists in pursuing $65 million for a pair of lost pants: How about a lost license to practice law? That seems like a fair trade.”

At the very least, a large dose of e-shaming for pro se plaintiff Pearson seems in order.

 

April 23, 2007

libro et limbo etc.

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 11:12 am

 

WorldBookDay2007n Thanks to Toronto law librarian — and “info diva” — Connie Crosby, I discovered on Saturday that April 23rd is UNESCO’s World Book and Copyright Day.  To help celebrate that day, Connie is hosting Blawg Review #105 this week at her Connie Crosby Weblog. The organizers of World Book Day explain:

By celebrating this Day throughout the world, UNESCO seeks to promote reading, publishing and the protection of intellectual property through copyright. . . .

23 April is a symbolic date for world literature for on this date and in the same year of 1616, Cervantes, Shakespeare and Inca Garcilaso de la Vega all died.
The idea for this celebration originated in Catalonia where on 23 April, Saint George’s Day, a rose is traditionally given as a gift for each book sold.

Apparently, many gentlemen in Catalonia give a lady a rose on April 23rd and receive a book in return (and, let’s hope a kiss, too). The Wikipedia entry for the event tells us that: “On World Book Day a free book token is given to all school children in the United Kingdom and Ireland [where the Day is now inexplicably celebrated on the 1st Thursday in March]. . . . They can be used to buy one of the books that are released especially for the day and cost the value of the token or any other book or audiobook. Many schools also choose this day to hold a readathon or a book sale.” 

checkedBoxSRather than stress the Copyright Law protection aspect of the Day, I hope you’ll learn about the Fair Use exception to copyright.  We have an essay on Haiku and the Fair Use Doctrine here at f/k/a (which goes into the basics).  At shlep, you can find a discussion and collection of links to Fair Use materials, as well as excerpts from Brooklyn Law Prof. Jason Mazzone’s writing on the intriguing topic of Copyfraud — . . . . “false copyright claims, which are often accompanied by threatened litigation for reproducing a work without the owner’s permission, result in users seeking licenses and paying fees to reproduce works that are free for everyone to use.”

Thanks to the folks at UNESCO, you can download the 2007 World Book Day poster “in high-resolution PDF for your printing and reproduction needs”:

  1. Poster with text in English and French
  2. Poster without text (for you to add text in your language) 

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

………………. by George Swede – Acorn #17 (2006)

cheek on her hand
… the pages
turn themselves

…………………………………. by peggy willis lyles

lunch alone
without a book
i read my mind

…………………………… by tom clausen 

LimboDante Limbo illustration orig. 

Lower Limbo Now: You surely read over the weekend that the Vatican has thrown into doubt the existence of limbo, and more directly throws doubt on the virtually universal Catholic belief (never deemed to be actual dogma, they note) that a baby who dies without baptism can never go to Heaven to be with God eternally, but must live outside the beatific vision in Limbo.  That’s because the infant “is with original sin.” It is all still very iffy, but after almost three years studying the issue, the Rev. Luis Ladaria (secretary-general of the Church’s International Theological Commission) gave the good news:

“We can say we have many reasons to hope that there is salvation for these babies.”

Happily, the blawgisphere had a refresher course on Limbo at Infamy or Praise, in Blawg Review #35. According to Dante’s Divine Comedy, the first circle of Hell comprises the souls of people who did not commit evil acts but who were not baptised and therefore cannot enter Heaven (several translators refer to these as the “Virtuous Pagans”) It includes the Limbo of the Children/Babies and Limbo of the Fathers.  More specifically, as to babies, the Associated Press tells us:

“Catholics have long believed that children who die without being baptized are with original sin and thus excluded from heaven, but the church has no formal doctrine on the matter. Theologians have long taught, however, that such children enjoy an eternal state of perfect natural happiness, a state commonly called limbo, but without being in communion with God.”

The new report has been approved by Pope Benedict XVI.  It is, however, far from a definitive statement on Limbo for Children.  The document stressed, that “these are reasons for prayerful hope, rather than grounds for sure knowledge.”  Therefore, “Catholic parents should still baptize their children, as that sacrament is the way salvation is revealed.”

passion flower
your faith
or mine?

open window
I polish a mirror
from my childhood home

 

cemetery road
the chain gang
breaks for lunch

traffic jam
my small son asks
who made God

 

…………….. by peggy willis lyles
“dust on the pews” & – “traffic jam” from To Hear the Rain (2002)
“open window” – FreeXpressSion, February 2007
“cemetary road”- Modern Haiku 37:3, Autumn 2006

As we noted at the time, a 2005 New York Times article gave details of the Vatican committee that would be looking into the limbo concept and outlined some of the issues at stake. “Limbo, an Afterlife Tradition, May Be Doomed by the Vatican” (Dec. 28, 2005). As Ian Fisher wrote for the Times:

“Unlike purgatory, a sort of waiting room to heaven for those with some venial faults, the theory of limbo consigned children outside of heaven on account of original sin alone. As a concept, limbo has long been out of favor anyway, as theologically questionable and unnecessarily harsh. It is hard to imagine depriving innocents of heaven.”

Actually, Fisher explained that Limbo was originally conceived as a more palatable possibility for unbaptized babies (and “virtuous pagans”).  Before its “creation”, St. Augustine’s vision was the Church’s position:

Fr.VentaloneS “The theology is complicated, but the bottom line is that Augustine, believing in mankind’s original sin, persuaded a church council in 418 to reject any notion of an ‘intermediary place’ between heaven and hell. He held that baptism was necessary for salvation, and that unbaptized babies would actually go to hell, though in his later writings he conceded that it would entail the mildest of [hellish] conditions.” 

The NYT article notes why the Church would give this lengthy bureaucratic assignment about a “theological hypothesis” to so many of its most talented experts at a time when its resources could be used so well elsewhere:

“But [limbo] remains an interesting relic, strangely relevant to what the Roman Catholic Church has been and what it wants to be. The theory of limbo bumps up against one of the most contentious issues for the church: abortion. If fetuses are human beings, what happens to their souls if they are aborted? It raises questions of how broadly the church – and its new leader – view the idea of salvation.

“And it has some real-life consequences. The church is growing most in poor places like Africa and Asia where infant mortality remains high. While the concerns of the experts reconsidering limbo are more theological, it does not hurt the church’s future if an African mother who has lost a baby can receive more hopeful news from her priest in 2005 than, say, an Italian mother did 100 years ago.”

 

waiting for you–
the faces
of missing children

 

children’s ICU–
a tissue box beside
the pay phone

 

……………………… by John Stevenson from Some of the Silence (1999)  

 

Fr.VentaloneN  There will surely be dissenters to this bleeding-heart approach to limbo and unbaptized babies and fetuses.   One priest wrote of his “serious concern” over tampering with the limbo doctrine, when the task was first assigned.  Writing “Could Limbo Be ‘Abolished’?“, in Seattle Catholic (Dec. 7, 2005), Fr. Brian W. Harrison, O.S.

 “Hence, I feel it important to stand by, and indeed, reinforce, the position I expressed earlier, to the effect that this potential new ‘development’ of doctrine is a matter of serious concern.  . . .  For such a document would inevitably accentuate the already-existing tendency for Catholic parents to be lax and negligent about having their children baptized promptly after birth, and would therefore run the risk of being partially, but gravely, responsible for barring Heaven to countless souls, in the event that Limbo does turn out to exist after all.”

If you’re interested, Fr. Harrison presents “a survey of recent and ancient magisterial teaching on this difficult question,” including this discussion of abortion victims:

“[I]t appears that the only papal statement expressly mentioning the destiny of aborted infants is that of Pope Sixtus V, whose Constitution Effrænatam of 29 October 1588 not only abstains from raising any hopes that they may attain the beatific vision, but positively affirms that they do not attain it!”

” . . . The soul of the unborn infant bears the imprint of God’s image! It is a soul for whose redemption Christ our Lord shed His precious blood, a soul capable of eternal blessedness and destined for the company of angels! Who, therefore, would not condemn and punish with the utmost severity the desecration committed by one who has excluded such a soul from the blessed vision of God? Such a one has done all he or she could possibly have done to prevent this soul from reaching the place prepared for it in heaven, and has deprived God of the service of this His own creature.”

LimboStick   In his hit song Limbo Rock, singer Chubby Checker urges dancers to “limbo lower now,” and asks “how low can you go“.  This issue limbo has struck a chord with me (causing me to belabor it here today), because Limbo for Babies has always symbolized my biggest complaint about the God that was described to me during my Catholic upbringing: He is supposedly all-loving and all-just (not to mention all-powerful), and yet he banishes otherwise innocent infants from His sight, because they carry guilt and degredation due to the purported sins of Adam and Eve.   Fr. Harrison asks who could be more terrible than an abortionist, “who has excluded such a soul from the blessed vision of God?”  Well, it’s apparently God who Catholics have for two thousand years saddled with responsibility for making the no-baptism-no-salvation rule.  

checkedBoxS As I’ve often said to my still-in-the-Church Catholic friends and loved ones: You paint a picture of God that insults both God and mankind.  I don’t buy it. The new, wishy-washy alternative possibility for the fate of unbaptized babies doesn’t make the Catholic version of God or mankind much more palatable.  I again have to wonder what the historical Jesus Christ would make of what the Catholic Church has done to his humble message of love.

Other views on putting Limbo into Limbo:

  1. At Seattle PI’s Snark Attack, D. Parvaz warns “I think Catholics are making a big mistake here in not realizing just how evil (and hence, doomed) unbaptized babies are. Really. Way to let ’em off the hook, Pope.”
  2. Michael Fountain laments the possible loss of limbo for the Virtuous Pagans: “That first generation of Christians had a problem, as if the Romans weren’t enough. If knowledge of Christ was a ticket to Heaven, what about their beloved grandparents, dead these many years, who wouldn’t know a Christian from Adam? If you love your grandma, you wouldn’t want to see her roasting in Hell with Nero…? The “Virtuous Pagans” teaching solved this psychological problem, and reconciled Heaven with the pagans’ Elysian Fields. “
  3. L.A. Catholic doesn’t seem to like the kinder-gentler fate for unbaptized dead babies, stressing “We should all tell everybody: The document is NOT infallible, and it does NOT say anything definitively.” 

 

cathedral garden
cardinals in the birdbath
scatter drops of light

 

river baptism
another frog
with just three legs

…………….. by peggy willis lyles
“river baptism” & “cathedral garden” – from To Hear the Rain (2002)

 

HelpWantedSign   Speaking of limbo, shlepother weblog, is still waiting to be adopted.  If you are interested in taking on management responsibility for an award-winning weblog focused on pro se litigation and the self-help law movement and community, please check out the above link and get in touch with me.

 

 Startling Starlings: photo by Richard Barnes in NYT orig.  starlingsRBarnesBYT 

         In his New York Times op/ed piece Flight Patterns (April 22, 2007), bird-watching maven Jonathan Rosen spotlights some amazing photography taken in Rome by Richard Barnes — looking at the swarming starlings that are “beloved by tourists and reviled by locals.”  Rosen tells us:

“Richard Barnes’s photographs capture the double nature of the birds — or at least the double nature of our relationship to them — recording the pointillist delicacy of the flock and something darker, almost sinister in the gathering mass.”

He concludes that “Bird-watching thrives on the recognition that the urban and the wild must be understood together. We are, after all, urban and wild ourselves, and still figuring out how to make the multiple aspects of our nature mesh without disaster.”  That juxtaposition of human nature with nature, and the tension of being both wild and “civilized” is at the heart of haiku.   I believe you will enjoy the multimedia interactive feature that accompanies this interesting article.

 

         seventeen
starlings on the telephone wire
      sixteen     

        

……………….. by George Swede from Almost Unseen

clouds of pollen
drifting through sunbeams —
a sparrow’s sudden flight  

…………… by Michael Dylan Welch – Thornewood Poems  

 

corporate parking lot
another starling
settles on the power line

…………….. by Yu ChangUpstate Dim Sum (2005/I)
    

April 22, 2007

around here the ice is already melted

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 10:17 pm

BlackberryNYT  Blackberry Blackout: In Sunday’s New York Times April 22, 2007), Matt Richtell has an op/ed piece that delves into the psychological reasons for the excessive attachment so many people have to their Blackberry devices — as especially demonstrated during the 12-hour blackout of the Blackberry network last week.  In “It Don’t Mean a Thing if You Ain’t Got That Ping,” Richtell asks, “what if what the users were missing was more primitive and insidious than uninterrupted access to information?”  Here are some of the notions he uncovered:

  1. “Experts who study computer use say the stated yearning to stay abreast of things may mask more visceral and powerful needs, as many self-aware users themselves will attest. Seductive, nearly inescapable needs.”
  2. “Some theorize that constant use becomes ritualistic physical behavior, even addiction, the absorption of nervous energy, like chomping gum.  This behavior is then fueled by powerful social motivators. Interaction with a device delivering data gives a feeling of validation, inclusion and desirability.”
  3. CellphoneApe “Several years ago, [Harvard psychiatry professor John] Ratey began using the term ‘acquired attention deficit disorder‘ to describe the condition of people who are accustomed to a constant stream of digital stimulation and feel bored in the absence of it. Regardless of whether the stimulation is from the Internet, TV or a cellphone, the brain, he said, is hijacked. “I liken it to a drug,” Mr. Ratey said. “Drug addicts don’t think; they just start moving. Like moving for your BlackBerry.”

Dr. Ratey likens the Blackberry problem “to a food addiction, which is one of the most beguiling for psychiatrists.” After all, he said, “food is essential for life, but problematic in excessive doses. And that’s what makes breaking technology addiction so difficult.”

his power out,
my son calls to talk about
nothing special

…………………………….. by John Stevenson – Acorn, No. 14, 2005

 

home alone
she blows a kiss
into a cellphone

 

around and around    blackberryG
learning the names
of one way streets

 

just long enough
to leave an impression
dragonfly

……………………………… by Yu Chang
“just long enough” – Upstate Dim Sum (2005/I)
“around and around” – Upstate Dim Sum (2001/II)
“home alone” –  Upstate Dim Sum (2004/II)  

 

skaterSignN  Thin Ice. Speaking of digital obsessions: I spent far too much time today re-formatting my Jan. 2006 post exploring the source of the maxim “if you’re walkin’ on thin ice, then you might as well dance.”  As often happens, I follow a link from our SlimStat page and discover that a visitor came to f/k/a because we had the #1 result in a Google search.  This time it was the query: dancin’ thin ice.  When I went to see our post, I discovered — as usual — that the formatting of the piece was in some way or other messed up when we changed webserver and weblog software last June.  My perfectionism then leads me to try to quickly fix the problem, and the result is almost always a bigger formatting mess (usually having to do with spacing and indentation).  

After several repair attempts, I ended up re-doing the entire piece as a new f/k/a Page — again called “dancin’ on thin ice.” The effort was not worth the time and aggravation, but the posting is pretty interesting, for those who missed it the first time and have a little spare time. 

    The talk of ice, coming as we are receiving our first too-hot (for me) weekend of 2007 here in Schenectady, NY, makes me want to reprise the ice-skating poems from that earlier posting:

coldest day of the year
the lone skater laps
his breath

………………… by George Swede from Almost Unseen 

 

figure skaters on lac la belle pirouetting into snow squalls  iceSkatesG

 

cold wind  
      the sweep of the speed skater’s arms

…………………………………… by  ed markowski  

 

dancin’ on thin ice?
the old guy’s
doin’ The Slide

….……………………. by dagosan  

 HaigaThinIceMagnaPs haiga from MagnaPoets (April 22, 2007)

round and round with you
dancing
on thin ice

poem: DAVID GIACALONE
photo: ARTHUR GIACALONE  orig.photo

 

April 20, 2007

CiteBite excitement

Filed under: q.s. quickies — David Giacalone @ 12:46 pm

 Before I stop my frantic weblogging, and head out to a gorgeous spring day, I must tell you about CiteBite (via today’s TVCAlert, pointing to LawLibTech).  Here’s how law librarian Cindy Chick describes Citebite:

  checkedBoxS    You’re heard of deep linking, which is one way of directing someone to a specific page in a web site. But often you want to point to a passage or quotation somewhere on that page. In that case, you need Cite Bite.

It’s very easy to create a Cite Bite page. You don’t have to install anything. Just visit Cite Bite, and cut and paste the URL and quotation into the appropriate boxes; Cite Bite will create a link that you can send on to others.  . . 

The concept is simple and useful. I would imagine that any researcher could use Cite Bite on a daily basis to make it a little easier to deliver just the necessary piece of information.

I hope I don’t go overboard with Citebite.  I’m sure, however, to use it regularly, and I bet a lot of webloggers and just plain folk will, too.  For example, even I have trouble finding passages in my 30-page magnum opus on the Graying of the Bar.  If I want, for example, to direct you (or myself) to the discussion of two important ABA Formal Ethics Opinions featured in the essay, I now can do it with this link created quickly at Citebite.

   Likewise, if I’d like a friend to enjoy a particular haiku by Martin Gottlieb Cohen that is easily lost among the many on its Roadrunner Haiku Journal page, Citebite gives me a deep link that goes right there to the poem.  Similarly, dagosan‘s first poem to win a prize can be located quickly at Roadrunner, by clicking here.

 

storm windows off:
the old man curses
the noisy neighbors

. . . . . . . by david giacalone, Nisqually Delta Review (Winter-Spring 2006, Errata Page

corzine and other incorrigibles

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 9:54 am

JonCorzine  The slogan atop the official website of New Jersey Governor Jon Corzine is the quote “Nothing is more important than the safety and security of our citizens . . . ”  It can now be revealed that the ellipsis replaces the words “unless the Governor’s in a hurry.”  As has been widely reported [Google news query], Gov. Corzine’s official SUV was involved in a traffic accident on April 12, along the Garden State Parkway near Atlantic City.  Despite his state’s strict, “primary violation” seatbelt laws, Corzine was riding in the front passenger seat without using his seatbelt.  In addition, the state trooper-driven SUV was traveling 91 mph in a 65 mph zone when it was clipped by another driver who swerved to avoid a third vehicle.  (See Many hope Corzine will become leading seat belt advocate, Newsday/AP, April 19, 2007).  The driver had his seatbelt on.  Corzine was thrown into the rear of the vehicle and was seriously injured by the impact; he is slowly recovering and was the only person injured in the accident.

Note: Corzine was purportedly late for a meeting between Don Imus and the defamed Rutgers U. women’s basketball team.   NJ law allows police officials to exceed the speed limit for emergencies, but I don’t think any reasonable person would consider this an emergency or 91 mph to be a reasonable speed under the circumstances.  Also, I’ve got to tell you: when I’m a passenger and the driver is speeding over 75, I always doublecheck to see that my seatbelt is securely fastened.

 “Seatbelt Laws . . . What Next, Comrade?”  (from victorystore.com ) seatbelt laws 

The lessons to be drawn are too obvious to belabor, but I’m in full agreement with the New York Times editorial “A Government of Laws and Seat Belts”  (April 19, 2007), which says “Whether you’re an ordinary citizen or the chief executive of a state, traffic laws cannot be considered optional — for your own safety and the safety of all those traveling around you.” and “Political leaders have a responsibility to set an example for the public.”  Corzine, a liberal Democrat, doesn’t even have the excuse of being a die-hard libertarian engaged in civil disobedience against seatbelt laws (see our prior post).  Corzine top aide said the Governor should be given the customary $46 ticket for violating the State’s seatbelt laws.  We shall see.

ProfMGrace I’m surprised that yesterday’s Insurance Journal article, “As Injured Gov. Corzine Recovers, N.J. Asks, ‘Why No Seat Belt?’” (April 19, 2007), doesn’t mention that irresponsible seatbelt scofflaws raise all of our insurance premiums with their unnecessary, additional injuries.  See this quick explanation from RiskProf‘s Martin Grace, in a Comment to an f/k/a posting.  Jon Corzine might ask himself how his seatbelt habits jibe with his goal of More Accessible, More Affordable Health Care for New Jersey (5/23/2005), and his seatbelt advocacy as a US Senator.

 Valentine’s Day
she reminds me
to fasten my seatbelt 

. . . . by michael dylan welch  
HSA Brady Contest; a glimpse of red: RMA 2000

Thanksgiving snow storm –
a seatbelt protects each
steaming pie

she eyes his wrinkled shirt —
a seatbelt saves
another life

………………. by dagosan

the big cat sleeps
in the same seat…
with the doll

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

NoloSharkS  Speaking of New Jersey, irresponsible politicians and Prof. Grace, Martin’s quickie posting “The New Jersey Legislature is Made up Rocket Scientists” (April 17, 2007) led me to check out the linked NYT article abstract: New Jersey Diverts Billions, Endangering Pension Fund (April 4, 2007). If you love tsk-tsking over bad government check it out, along with the longer version of the story still available online from the Trentonian/AP, “New Jersey pension system could face $175 billion deficit” (April 5, 2007).  Former Goldman Sachs CEO Jon Corzine made cleaning up government an important part of his gubernatorial campaign.  Here’s a related excerpt from The Trentonian:

“Last year Governor Corzine told us he was going to put a stop to the pension fund shenanigans once and for all, and we took him at this word,” said Assemblyman Joe Malone, R-Bordentown. “But while he did end the practice of not making contributions to the fund, his administration apparently has continued to cook the books to artificially prop up the health of the system.”  

who knows where
their money’s been
scent of the marsh 

 

 

early spring
how much we make
of a little warmth

 

on the highway      pickup g   
everyone has passed me
clouds, moon, and stars

…………………………………………….. by John Stevenson
“on the highway” – Hermitage, Vol. 2, 2005
“early spring” – Geppo, Mar/Apr, 2005
“who knows where” – Reeds, No. 3, 2005 (haiga)

at least one third  bar assoc.  . . . . .

    Speaking of incorrigibles, insurance and rocket scientists, the American Trial Lawyers Association has managed to irk me yet again.  Their hypocrisy over the standard contingency fee is, of course, my worse problem with ATLA (see, e.g. prior post), as it often takes money unjustifiably out of the pockets of their clients to enrichen the lawyers.  Their silly and presumptuous public relations ploy of changing ATLA’s name to the American Association for Justice is also galling (see D&E, Overlawyered and LegalBlogWatch), as is their twisted use of Abraham Lincoln as their poster boy (prior post).  Now, as I discovered yesterday at the NPR Talking Justice weblog forum, ATLA/AAJ is blaming the insurance industry’s partial exemption from the antitrust laws under the McCarran-Ferguson Act [15 USC 1011, et seq.; MFA] for the woes of the victims of Hurrican Katrina.  In a posting titled “Stacking the Deck: A Closer Look at McCarran-Ferguson” (April 13, 2007) AAJ’s Josh Goldstein gives a sketchy hsitory and description of MFA and asserts:

“The result has been arbitrarily high insurance premiums and a stubborn unwillingness on behalf of the companies to provide policy holders with the sort of assistance they often desperately need. This particular tragedy played out on the national stage in the aftermath of Hurricane Katrina. But it often has proved true in the handling of other, less publicized, disasters.”

exit   “Under the present system, giant insurance companies, like Allstate and State Farm, can legally collude to fix prices, a chilling practice that serves as the very definition of anti-competitive conduct. McCarran-Ferguson also opens the door to agreements that assure policy holders don’t receive appropriate compensation in the wake of instances like Hurricane Katrina. And they can even divvy up areas, with one company agreeing to avoid areas monopolized by an alleged competitor.”

I’ve been for reform of the MFA exemption, which applies to “the business of insurance” when regulated by state law, for twenty years (and in fact drafted the FTC/DOJ proposal for MFA reform that was adopted by the President’s Commission on antitrust exemptions in 1978).  However, I can see no way that removing the insurance industry’s partial antitrust exemption would have helped Katrina victims.  For a more realistic picture of what reform of McCarran-Ferguson can and can’t achieve, see the Comments to this post at George Wallace’s Declarations & Exclusions website.

In addition, Goldstein has forgotten to mention that MFA specifically continues the applicability of the Sherman Act “to any agreement to boycott, coerce, or intimidate, or act of boycott, coercion, or intimidation.” [Sec. 1013(b)] This makes his “divvying up areas” scenario a little farfetched — as does the fact that many states have passed statutes that apply their own antitrust laws to insurance companies.  [This Cato Institute study by Professor Patricia M. Danzon concluded: “The practical import of the antitrust exemption has been eroded in recent years as courts have narrowed the definition of the business of insurance and broadened the definition of boycott and as an increasing number of states have subjected the industry to state antitrust law.” Danzon also found no evidence of harmful price fixing.]

Talking Justice is a very interesting place for the exchange of ideas, but for it to work the participating organizations need to take responsible, knowledgeable positions.

spring snow . . .  NoloSharkS 
melting before
our confidence

 

Palm Sunday  
young rabbits
in the pet store

    

Easter rain
you can tell
it was a snowman

   
…………………………………………….. by John Stevenson
“spring snow” – Hermitage, Vol. 3
“Palm Sunday” & “Easter rain” – Pilgrimage, 2006

hairyChestG   p.s. Whether or not you agreed with it, you probably enjoyed our blurb two days ago (via The Psychiatrist Blog) about the positive correlation between intelligence and excessive body hair.  A clarifcation is in order (and not just because I have neither a hairy back or arms): The story is not new, but was reported in the London Independent on July 12, 1996, under the headline “The hirsute of higher intelligence.”  

April 17, 2007

lawyer survey: when do you plan to retire?

Filed under: lawyer news or ethics,q.s. quickies — David Giacalone @ 5:30 pm

 exitSignArrow  You may recall that I speculated last month, in the giant essay on the Graying Bar, about large numbers of lawyers working well past “normal” retirement age.  Many experts are predicting delayed retirement by lawyers, and a study last year in Ontario, Canada, showed the trend has already begun.  With leaders of the organized bar, including the New York Bar Association (see our April 2 post), pressing for an end to mandatory lawyer retirement, and the EEOC litigating law firm age discrimination in the Sidley & Austin case, more and more lawyers will surely be working into their 70’s.

      Recently, I ran across an article that details the results of a survey on retirement and disability planning done last summer by the Oregon Attorney Assistance Program.  The findings are more than interesting.  For example, “Speaking of Retirement” (OAAP In Sight Magazine, Sept. 2006) notes that:

“About 80% of sole practitioners report that they have not made any arrangements with another attorney to cover their practice if they are temporarily unable to practice due to disability or extended absence or to close their practice due to permanent disability or death.”

In addition, “over 40% of the Oregon lawyers surveyed plan to continue to practice law or work after age 70” and “11% to 12% of the Oregon lawyers surveyed do not plan to ever retire.”  Here are some of the findings from the Envisioning Retirement section of the survey:

ENVISIONING RETIREMENT  hammockS

• 11% to 12% of the Oregon lawyers surveyed do not plan to ever retire. They plan to continue to practice fulltime or part-time until they die or are no longer capable of practicing.

• 30% plan to continue practicing law part-time after age 65 mainly for the stimulation, sense of purpose, and satisfaction it provides.

• 11% plan to continue practicing law part-time after age 65 primarily for the income it will provide.

• 18% plan to retire completely and no longer work for pay by age 65; almost 60% plan to do so by age 70; over 40% of the Oregon lawyers surveyed plan to continue to practice law or work after age 70.

These numbers make the questions about the continued competence of superannuated lawyers raised in the Graying Bar essay seem even more urgent.  If you know of other surveys on this topic, please let me know in a Comment or by email. If you’d like to tell us your retirement plans (or lack thereof), you’re invited to leave a Comment.  [update (7 PM).  As we lawyers like to say: but see 100-year-old attorney beats law of averages,” Deseret [UT] Morning News (April 13, 2007) Solo practitioner “Richard Bird has not only turned 100, but he still has his driver’s license (it expires in 2010), his downtown law practice, his wood-paneled law office and a mind that remains, if my recent conversation with him is any indication, as sharp as the day he graduated from Harvard Law School in 1933.(via LegalBlogWatch and MyShingle)]

 

retirement options
          first ice
rims the campus pond

……… by George SwedeThe Heron’s Nest Vol. 5:5

 

 ………………………….  q.s. quickies QkeyNs sKeyNs  

DrMTempest  Are you aware of the Body Hair Correlation? At The Psychiatrist Blog, Dr. Michell Tempest notes (via Barrister Blog Weekly Review):

[I]n a study published by psychiatrist Dr Aikarakudy Alias, it was found that men with excessive body hair may be associated with higher intelligence.

Alias’s research focused on mecial students in the USA, which showed that 45% of male student doctors were ‘very hairy’, compared with less than 10% in the general population. Further investigations showed that hairer men got better grades when student academic rankings were compared.

hairyChestG  Alias went onto study 117 Mensa members (who have an IQ of at least 140) and found that this group tended to have thick body hair. In fact, men with hair on their backs as well as their chests seemed to have the highest IQ’s within the Mensa members.

Hairless Arizona Appraisers?  The above blurb makes me wonder just how hirsute the members of the Arizona Board of Appraisers might be. (via Overlawyered.com)  You see: “Arizona regulators have ordered a Seattle-based online home price estimator to stop doing business in the state.”  According to the AP/Tucson Citizen, “Arizona bars online home price estimator” (April 15, 2007):

hairyChestN “The Arizona Board of Appraisal issued two cease-and-desist letters to the company that operates the popular real estate Web site Zillow, saying it needs an appraiser license to offer its ‘zestimates’ in Arizona.  ‘It is the board’s feeling that (Zillow) is providing an appraisal,’ Deborah Pearson, the board’s executive director, said Friday.” 

As you may know, Zillow.com provides free information on over 70 million homes in the USA, giving its zestimates of the value of more than half of the residences. (It even as a weblog)  Zillow makes clear that its zestimates are not appraisals, giving much cautionary advice about how to use the numbers and get better information.  On a page called  
What’s a Zestimate™ value?, their explanation begins: “The Zestimate™ (pronounced ZEST-ti-met, rhymes with estimate) home valuation is Zillow’s estimated market value, computed using a proprietary formula. It is not an appraisal. It is a starting point in determining a home’s value.”  Almost makes me nostalgic for lawyer Unauthorized Practice committees.
 

NHTaxDeadlineMagnaS orig. Have you enjoyed the MagnaPoets Japanese Form weblog yet?  Why not?  The image above is my recent MJF nod to Tax Day; it’s a haiga posted April 15, 2007. Click to see the larger image.  Here’s the accompanying poem:

 tax deadline
     we count dependents
            and contributions

 poem: DAVID GIACALONE
 photo: MAMA G.

 

April 12, 2007

from vonnegut to darfur

Filed under: q.s. quickies — David Giacalone @ 10:51 am

          Kurt Vonnegut’s death last night will bring much analysis of his contribution to American literature and culture in the past half century, and much-deserved praise (see WaPo‘s Achenblog).  I’m grateful he gave up chemistry for literature, that his work escaped the science-fiction ghetto, and that he once travelled the streets of my adopted hometown, Schenectady, New York (where he located the 1951 novel Player Piano, his first book). In a post in January 2006, we discussed Vonnegut’s last book, A Man Without a Country (Seven Stories Press, Sept. 2005).  Here’s a favorite quote from that slim volume, which echoes a frequent theme at f/k/a [e.g., here, here, there, and here]

 VonnegutMan ” . . . vocal Christians among us never mention the Beatitudes.  But, often with tears in their eyes, they demand that the Ten Commandments be posted in public buildings. And of course that’s Moses, not Jesus. I haven’t heard one of them demand that the Sermon on the Mount, the Beatitudes, be posted anywhere. “Blessed are the merciful” in a courtroom? “Blessed are the peacemakers” in the Pentagon? Give me a break.” (at 98)

new paperback —
the sun sets
without me 

alone —
hugging
warm laundry
……………….. by david giacalone from The Heron’s Nest  (March 2005)
SaveDarfurLogo   Please Tell President Bush to take definitive action now to stop the massacre and genocide in Darfur. He can and must act to: Strengthen the understaffed and overwhelmed African Union peackeeping force already in Darfur; Push for the deployment of a strong UN peacekeeping force; Increase humanitarian aid and ensure access for aid delivery; Establish a no-fly zone.  If ever the world’s sole superpower should be considering unilateral action, it is now on behalf of the suffering people of Darfur.  See MiaFarrow.org for Ten Things You Can Do Right Now.  It is scandalous that the world hasn’t found a solution to Darfur. As Archbishop Desmond Tutu said on June 7, 2004 (quoted in a prior post),  “What is happening in Darfur?  Let us not say we did not know. . . . They are our sisters and brothers. Let us act now before it is too late.”
water striders
I roll my pants
a little higher
new year’s eve
he sops up gravy
with a heel of bread
…………………………………… by Carolyn Hall – Frogpond XXX:1 (Winter 2007)

April 11, 2007

top twenty law review articles of all time

Filed under: lawyer news or ethics,q.s. quickies — David Giacalone @ 3:00 pm

 ProfPointer The new issue of Harvard Law Bulletin (Spring 2007) has an interesting discussion of The Canon of American Legal Thought (Princeton University Press, Nov. 2006), which is edited and annotated by Harvard Law professors David Kennedy and William W. Fisher III.  The 936-page compendium presents the 20 articles the professors “deem to have been most influential in shaping American legal thinking and a distinctly American style of reasoning across the 20th Century.”  Titled Reviewing the Reviewers: In legal scholarship, what defines staying power?, the HLB article includes the sidebar Twenty for the Ages, which lists the law review articles selected by Kennedy and Fisher. For your convenience, we have reproduced the Top Twenty list below the fold.

checkedBoxS  The oldest article to make the list is “The Path of the Law” by Oliver Wendell Holmes Jr. (1897). The most recent is “Introduction,” “Critical Race Theory: The Key Writings that Formed the Movement” (Thomas, eds., 1996).

Professors Fisher and Kennedy divide the canon of American legal thought into eight schools of thought (e.g., Legal Realism, Law and Economics, Feminist Legal Theory).  They found that the labels given to the schools of thought are often reduced to mere shorthand.  I’m not at all surpised that great theories get reduced to labels, but I am a little surprised that two Legal Thought mavens have spent years studying the subject and yet, according to Prof. Kennedy:

“[W]e were both struck by the intellectual sophistication with which many of the cliches of everyday legal argument were originally formulated.”

checkedBoxN I’m happy to say that I don’t have to select my top twenty most-influentional American haiku today.  Instead, I’ll simply share a few from the latest issue of Frogpond, (XXX:1, Winter 2007) 

a bluebird
with its head turned back —
pale evening sky

 

A doe’s leap
darkens the oyster shell road:
twilight

………………………………………… by Peggy Willis Lyles
“A doe’s leap” – orig. pub. Frogpond 1:4 (1978)

 

QkeyNs sKeyNs quickies …………. 

        At LegalBlog Watch, Carolyn Elefant reconsiders laptops in classrooms and decides that professors should be able to ban wireless websurfing, but not taking notes.

Mom’s voice on the phone —
time of the year
for a surprise frost

 

daylight ended hour ago
one more page
to the investigation

……………….. by Gary Hotham

 

Rumpole  Over at the London Times Online, BabyBarista (prior post) almost loses his head over a missing barrister wig.  See horsehair and honeytraps (April 11, 2007).  The topical pupil barrister also notes his agreement with the recent proposal to get rid of wigs in civil matters.  Judging from some of the comments, UK lawyers may be just as keen on putting on airs as their dignity-obsessed American brethren.

  That reminds me of a question I’ve often wanted to ask UK lawyers: Do they mind that Horace Rumpole is the most famous barrister in America?  Is he the most famous in Britain, too?

 SantaList   Yes, I’m still neglecting the upkeep of our Inadvertent Searchee pages.  Nonetheless, I checked our Referer logs this morning and was pleased to see:

  1. Our post wanted a law school exam prayer came in as the first result in the Google query “prayers for writing exams.”   Maybe my Mama G. can now stop offering all those novenas for my wayward soul.
  2. Our post what is agita is the #1 result to the Yahoo Answers question “What is agita?”  If you click on our link, you’ll also find the lyrics to the Broadway Danny Rose song Agita  (by Nick Apollo Forte).
  3. Second is good enough: our posting they don’t teach humilty in law school was the #2 rsult for the Google query “humility in l aw.”

That final Searchee result is a good excuse to point you again to an article posted on the ABA Journal webpage in July 2003, which should be hanging inlaw firm snack rooms around the country.  It’s called Working Together 101: Lawyers May Have the Degree, But They Can Take a Lesson From Support Staff (dated July 24, 2003, by Stephanie Francis Ward, from the July edition of ABA Journal ).
(more…)

April 9, 2007

blawg review 103 swings for the fences

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 10:56 am

infielderG  If we had known that Jonathan Friedan was constructing Blawg Review #103 around a baseball theme, we would have reminded him of f/k/a‘s recent mixture of our beathless punditry with one-breath poems from the new, critically-acclaimed volume Baseball Haiku (prior post)  (for example, herehere, there).  We might have even noted humbly that one of the poets included in the anthology is indeed a legal weblogger.  Having missed that opportunity, your Editor doesn’t want you to miss out on Blawg Review #103 at Jonathan’s E-Commerce Law weblog. 

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

…………………………….. by tom clausen – Baseball Haiku (2007)

 As The Commmon Scold points out this morning, Jonathan has hit “a grand slam”, with a “very clever” blawg review “structured on key elements of the game.”  Like every weekly edition of Blawg Review, #103 points to some of the best recent posting at law-related weblogs, including:

  1. Overlawyered.com‘s description of one teen’s looney lawsuit.
  2. Eric Goldman‘s lament over Utah’s streak of bad internet legislation (keyword ads this time)
  3.  Law students musing over SuperLawyers at The Legal Scoop.

crack of the bat
the outfielder circles under
the full moon

……………… by George Swede – Baseball Haiku (2007) BaseballHaikuCoverN    

tiny check Jonathan also listed comic-lawyer Mad Kane’s seasonal poetic wail, Form 1040 Blues.  That reminded us that we not only forgot to post Easter haiku yesterday, but we overlooked our fertile discussion a year ago of the lost Dickens manuscript of An Easter Carol, in the posting “ghosts of tax days past (Scrooge was surely a tax-whiner)”.

Easter morning  
the lawn strewn
with pastel condoms

 

. . . . . . by pamela miller nessBottle Rockets #16 

 

sugar crash:
easter joy
sinks with the sun

…………………………… by dagosan

 

Easter morning…
    the toddler stumbles upon
       his first temptation

 

Easter
    we uproot the weeds
           from the base of her headstone

 

Easter
  beneath a pure white bonnet
     pure temptation

……………………………………………. by ed markowski

easter snow
a piece of egg shell
in the sandwich

…………………… by DeVar Dahl – A Piece of Egg Shell (2004)

Easter Monday
a day-late basket filled
with half-price candy

……………………………… by dagosan

April 6, 2007

q.s. quickies at f/k/a

Filed under: q.s. quickies — David Giacalone @ 1:45 pm

         q.s.  Ever since ethicalEsq wrote “what kind of blogger are you?” in September 2003, the f/k/a Gang has been trying to come up with catchy nomenclature for those brief weblog blurbs that point to an interesting article or posting and add a quick concurring or dissenting comment, or description.  We had “potluck” commentary for quite awhile.  We tried “one-breath punditry” to go with our one-breath poetry, but soon had to agree with certain kibitzers that our bloated blurbs left us and our readers breathless.   What we’ve really needed, of course, was the discipline to make our punditry — when appropriate — as pithy as our poetry.

qKeyNsKeyN  At SHLEP, I also tried to solve this issue, saying: 

A Latin abbreviation that this Editor should consider using more often is q.s. – which stands for quantum satis or quantum sufficit and means “as much as suffices.”  Doctors sometimes state the dosage of a medication to be taken by a patient as q.s.   Some items that are worth posting herdon’t need a lot of space to be effective.  Others deserve a fuller treatment but aren’t likely to get it any time soon — for them, a small dose seems better than a stale one or none at all.  

Even though some of my shlep q.s. blurbs got a little wordy, the q.s. concept worked well enough at that weblog, that I’m going to use q.s. here, as my signal to myself to only write as much as suffices.  Here are our first batch of q.s. quickies:

 the pinwheel stops
     grandpa catches
     his breath

 

through the open door . . .
her smile doesn’t forgive
all my sins

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

 

………………………………………………………….. qKeyG sKeyG  

journalistF  We told you yesterday about Mark Obbie’s weblog LawBeat, which “watches journalists who watch the law.”  Today, we’d like to remind you to check out Beat the Press, at American Prospect online.  It’s Dean Baker‘s informative commentary on economic reporting — telling us what reporters are missing, distorting, confusing when they talk economics.  Baker is co-director of the Center for Economic and Policy Research in Washington, DC.

 

UnbundlingDivorceTaliaN  M. Sue Talia has recently released the book Unbundling Your Divorce: How to Find a Lawyer to Help You Help Yourself (Nexus Publishing Company, 2006, 122 pp.; ISBN 0-9651075-4-X, $14.95).  It is a re-write of her 1997 book A Client’s Guide to Limited Legal Services, and “is designed for litigants who want to limit the involvement of their attorney in their divorce, and do part of the legal work themselves. It tells them how to determine if they are good candidates for self-representation, how to spot the pitfalls and guard against them, how to find a lawyer to coach them, and where to turn for help.”  Many Excerpts are available at the Nexus Press website, including: Are You A Good Candidate For Self-Representation? – with a Self Test – and How to Screw Up Your Case in Seven Easy Lessons. [Learn more about the concepts and benefits of unbundled legal services here.]

 checkedBoxS  Mary Whisner has resumed occasional posting at shlep today, reminding us that April is National Sexual Assault Awareness and Prevention Month.  Mary has collected links to resources on Sexual Assault and Relationship Violence prevention and remedies.

 

thin winter coat
so little protection
against her boyfriend

…… by John StevensonQuiet Enough (Red Moon Press, 2004)

 seesaw  In the latest edition of the D.C. Bar’s Washington Lawyer Magazine, bar president James J. Sandman Is Work–Life Balance Possible in Law? (April 2007) )  He notes that “Many professionals face the same challenges, but law sometimes seems to be particularly inhospitable to balance.”  Sandman says, “The problem affects men as well as women, and it is a terrible mistake to think of it only as a “women’s issue.”  Its impact, however, is manifested disproportionately among women, especially women with families.”  Sandman joins the chorus of those who blame billable hours for the excessive time spent at work, forgetting that the same greed that posits hour quotas will simply set other income-producing if alternative billing methods are used without a change in values.  [See our “do lawyers choose to be unhappy“]  Sandman makes a point often heard here:

“But the job of making work–life balance achievable in our profession falls not just on employers. We as individual lawyers also have to take responsibility for the choices we make, to recognize that no one can have it all, to accept compromise and flexibility on our part as essential to having a life outside the law, and to set and then follow our own priorities. I know from my own experience that this is far, far easier said than done, but it’s never too late to try.”

The f/k/a Gang always has haiku around for balance: 

lace curtains
the spin of sunlight
from a bicyle

 
faded recipe. . . 
peeling apples
with grandma

restless cows
head toward the barn —
milky way

…….. by Laryalee Fraser 
“faded recipe. . .”  &  “lace curtains” – The Heron’s Nest (Vol. VIII 2006)
“restless cows”  WHC Beginners

Good Friday
the apostate
sees crosses everywhere

…… by dagosan

good friday
the scarecrow gets
a new straw hat
 
 
………… by ed markowski

p.s. Now available; the printed edition of The Heron’s NestVol. VIII  THNVol8
containing every haiku published at their online website in 2006.
Congratualtions to Managing Editor Christopher Herold, and to
his co-editors Paul David Mena, Ferris Gilli, Robert Gilliland,
Peggy Willis Lyles and Paul MacNeil .  Only $16 (details

 

April 2, 2007

who googled “Sicilian afro”?

Filed under: q.s. quickies — David Giacalone @ 4:10 pm

  dagSicilianAfro  Looking at our weblog statistics page, I learned that one visitor found us today after Googling “Sicilian Afro.”   To my surprise, the top two results for that Google query are f/k/a posts:

  1. One post is about Brown v. Bd. of Ed and White Flight.  It briefly described how having a Sicilian Afro provoked racial animosity in Southie.
  2. The other reminisces about the South Dakota Attorney General (later Governor), who was rather rude to me in public, thinking my Sicilian Afro made me look like a “foreigner.”  The episode has made me sensitive to sterotypes.

I’ve inserted the above picture (of the future dagosan in 1971) at each of those posts, for the benefit of future searchers. Trust me, Mama G. greatly preferred this haircut, or these.  Enjoyable search engine diversions like this always remind me that I have been neglecting our Inadvertent Searchee page. 

 WeddingRuined3gS  larger

rain on
my bald spot —
recalling dry-scalp Aprils

………………. by dagosan  (orig. pub. MagnaPoets, April 2, 2007)

February 26, 2006

happy birthday, dad!

Filed under: pre-06-2006,q.s. quickies — David Giacalone @ 7:24 pm

DadMay05s [larger] Today is my father’s 87th birthday. Arthur P. Giacalone was born in Lodi, NJ, to Italian-immigrant parents, on Feb. 26, 1919. For most of his working life, “Art” was a “mail man” for the U.S. Post Office (on walking routes in neighborhoods in Rochester, NY). In retirement, he drove a school bus until hitting the maximum age limit of 70. (With his perfect safety record, why didn’t his two lawyer sons fight that ageist rule? He probably would have told us to mind our own business).

I wish it were possible to give Dad his good health back. Instead, the best I can do is to let him know how much his three children, his wife, and his five grandchildren love him, and appreciate how hard this humble man worked to raise his family and set us off into the wider world.

Click here to see my Dad with his three children on Easter 1954.dadEaster54s

 

  And click here to see him in 2005 with his two youngest grandchildren. 

 

I’m a lucky man to reach the age of 56 and have both of my parents alive. Dad, as always, I send my love and wish you all the best.

My friend Yu Chang has written many poems that set an appropriate tone today.

 

old passport
the tug
of my father’s smile

pumpkin patch —
this one is big enough
for my son

winter woods
seeing myself
in black and white

early bird special
rubbing elbows
with strangers

old birch
the cracked heart
still shows

winter solstice
so glad
you got home safely

mountain lake –
basking
in your reflection

………………….. Yu Chang – all from Upstate Dim Sum
“old passport” – (2001/II); The Loose Thread: RMA 2001
“pumpkin patch” & “winter woods” – (2005/I)
“old birch” – Upstate Dim Sum (2001/I)
“early bird special” – (2004/II)
“winter solstice” – (2005/II)

dagosan has penned a few, too, that are dedicated to Art Giacalone.

WWII
dad rather not
talk about it

dad’s 87th birthday
emphysema
and dementia

visiting parents —
faces and refrains
gettin’ old

rainy night drive —
squinting at glare
through dad’s eyes

[haiga here]

that little grunt
dad always made–
putting on my socks

frogpond (XXVIII: 2, 2005); inside the mirror: RMA 2005

……………………….. by dagosan

April 12, 2005

analogically correct

Filed under: pre-06-2006,q.s. quickies — David Giacalone @ 12:58 am

approxS Harvard Law Professor Lloyd L. Weinreb is known for his expertise in criminal, constitutional, and intellectual-property law, as well as jurisprudence. His experience in the law — both broad and deep — has taught him the importance of the well-honed analogy. That makes him a hero for Prof. Yabut and the rest of the f/k/a gang (see, e.g., our blurb last month, “differences we can’t see”).

 

WeinrebAnalogy In the face of arguments from heavy-hitters like Richard Posner, Edward Levi and Cass Sunstein against the use of analogical reasoning by judges and lawyers, Weinreb has written Legal Reason: The Use of Analogy in Legal Argument (Cambridge Press 2005). Weinreb explains that the use of analogical reasoning is dictated by the nature of law, which requires the application of rules to particular facts, and he helps the reader learn how to separate the analogical chaff from the whole-grain variety (my lame comparison, not his).

Although written for legal scholars, students, and practitioners, I hope it will become must-read material for webloggers and weblog commentors — so as to ease the frequent agita I get perusing those sources. Legal Reason is filled with examples from both the law and everyday life — and it’s easy enough for editors from all generations and political persuasions to understand. I plan to share examples and ideas from the book with my readers (and my long-suffering friends). And, I already know what a number of my relatives will be getting for Christmas 2005.

like he’s biting
the cold moon…
gargoyle

my shadow looks approxS
like the Old Man’s!
first winter rain

cursing like sailors
at the plum tree…
crows

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


noYabutsSN Suffolk U. Law School prof Andrew Perlman, guest posting at the Legal Ethics Forum today, compares roadblocks to Bar Admission for Out-of-State Lawyers s to protectionism, and points to his recent article, which argues that the Admission rules are unconstitutional — violating three constitutional provisions designed to prevent economic protectionism – the Article IV Privileges and Immunities Clause, the Fourteenth Amendment Privileges or Immunities Clause, and the dormant Commerce Clause. (“A Bar Against Competition: The Unconstitutionality of Admission Rules for Out- of-State Lawyers” . Georgetown Journal of Legal Ethics, Vol. 18, p. 135, 2004; click here for a synopsis from SSRN, where the article can be dowloaded after a free registration.

  • The Comments, joined by Laura Appleman and Dennis Tuchler (plus myself), discuss whether the ABA has been a guild-like force to restrict competition from without and within the profession. My own experience monitoring the profession from a competition perspective suggests that, were it not for the intervention of the antitrust laws, the ABA would still be overly dampening competition (in the name of professional dignity, client protection and similar euphemisms), and that it is now quashing the competitive forces that could be created by fully-informed clients in the digital era.

  • Check out the law review article, “The Rise of the Modern American Law School: How Professionalization, German Scholarship, and Legal Reform Shaped Our System of Legal Education,” New England Law Review, Vol. 39, p. 251, 2005, where Laura I. Appleman argues that the move from the apprenticeship system to formalized law school training was encouraged by the ABA/AALS/State bar commissions in the late 19th century, due to concern about the influxof “undesirable” lawyers practicing criminal and personal injury law.

 

autumn wind–
like the teeth of a comb
pilgrims from the north

let him pass
like a mosquito, a fly…
solitary priest

 

like people
an upright scarecrow
can’t be found

approxS

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


tiny check A recent blurb at sunEthics put a smile on my face: Attorney’s fees were awarded against a state agency (the parole commission) after it rested its defense on a meritless and untenable interpretation of the law — and where “no plausible basis for the Commission’s interpretation of the controlling statute was advanced.” King v. Florida Parole Comm’n, ___ So.2d ___ (Fla. 1st DCA, No. 1D04-2585, 3/30/2005), reversing the trial court’s interpretation of Fla.Stat. sec. 57.105 (2003).


July 27, 2004

obama, o mama!

Filed under: pre-06-2006,q.s. quickies — David Giacalone @ 11:24 pm

podium 2 Barack Obama just finished his speech to the DNC.  Here’s my haiku reaction. 


the skinny guy’s
a heavyweight –
they’re cheering for a lawyer!

……………………………………………………………………………..by dagosan, 07-27-04

 sumo wrestling–
in the trees even the frogs
cheer

…………… by Issa, 1823, translated by David G. Lanoue

 

 

obama p.s. Click here, for a transcript of Barack Obama’s speech to the DNC. To Jeralyn: obama rules tonight. More on obamamania at Electablog, Mathew Gross‘ place, Lessig‘s lair, Rick Klau‘s crypt.

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