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

October 30, 2008

lawyer miscellany (and Miss Savage, too)

Filed under: Haiku or Senryu,lawyer news or ethics,q.s. quickies — David Giacalone @ 6:10 pm

Just a few lawyer quickies, before the main attraction below (two more photos of Wendy Savage, Esq. you won’t find in the Beautiful Lawyers Calendar):

  • He Said/She Sad: At first impression, the headline and article made me think an injustice had been done to the divorcing wife of Long Island matrimonial lawyer Alan K. Hirschhorn, and a fiduciary obligation breached: “Attorney Husband Who Misled Wife About [Separation Agreement] Change Gets Benefit of Original Agreement”  (New York Law Journal/Law.com, Oct. 30, 2008).  At his estranged wife’s request, the husband had struck through a cohabitation clause in their signed separation agreement, although he knew the modification would not be valid without a more formal procedure.  His wife had been unrepresented. Hirschhorn had in fact continued paying maintenance $1000 a week after her boyfriend moved into her condo, out of love and respect for their daughter.)

However, the 23-page opinion in A.K.H. v. B.H (N.Y. Supreme Court for Nassau County, Index #200306/07, October 28, 2008) convinced me that the Justice Jeffrey S. Brown ruled correctly — and that I should have remembered from my law practice to hear at least three sides of a domestic law controversy before coming to a conclusion. There are far too many facts and reasons to detail here.  Primarily, Judge Brown found the husband’s testimony on many key issues to be far more credible than the wife’s.  There was no basis for an equitable estoppell, because “The court finds that she did not suffer any damages and did not rely to her detriment due to the elimination of the cohabitation clause.”  And:

“The issue of whether the plaintiff breached a fiduciary duty is not before this Court because defendant failed to plead a counterclaim to dismiss the complaint on the basis of overreaching. . . . Her testimony reveals that she, in fact, wants a divorce but also wants continued maintenance.”

  • As Michael B. told us in a comment this afternoon, and according to the Associated Press, “Missouri’s sex offender/Halloween law is again enforceable” (Ky3.com, Oct. 30, 2008): “The U.S. Court of Appeals for the Eighth Circuit issued a one-sentence stay on Thursday, sought by Gov. Matt Blunt and Nixon.”  This means that, despite the injunction issued on Oct. 28th by the Federal District Court against two vague provisions in the law, registered sex offenders must remain inside their homes from 5 to 10:30 p.m. Friday unless they need to work or have a medical emergency, and may not participate in Halloween activities. See our prior post in “more scary Halloween laws against sex offenders.”
  • In the recent Washington Post article “Rethinking Legal Fees for Lean Times” (October 20, 2008), we’re told that “The economic crisis is giving the prosecution a boost in the case of Fixed Fees v. Billable Hours.”  It’s great that clients are putting more pressure on lawyers to reduce fees and be more efficient.  I think it’s pretty clear, as we’ve been saying for years, that most clients want more certainty, but expect fixed fees to be lower than hourly fees, not — as the Value Pricing folks assert — premium fees that let the lawyers make more profits while making higher profits. As Susan Hackett, general counsel of the Association of Corporate Counsel notes, with the economic crisis, “There’s going to be a heck of a lot of directives for folks at the firms to lower their costs.”

As Carolyn Elefant has stressed often, “it’s not the pricing mechanisms that make legal fees unreasonable…it’s how we lawyers use them.”  Whatever the mechanism, clients deserve the benefits of competition and efficiency — and that includes price competition.  I like the reaction, in the WaPo article, of D.C. solo Joel P. Bennett, to the suggestion that hourly billing means “that outside firms are spending unnecessary amounts of time on their matters.”  Bennett says: “An honest lawyer works efficiently and does not charge clients for inefficient use of time.”

No, we can’t match the weblog traffic numbers of the most popular law professors (via Ambrogi at LegalBlogWatch). Glenn Reynolds at InstaPundit had almost 90 million visitors over the last twelve months, with 13 million visiting Hugh Hewitt, and 10 million stopping at the The Volokh Conspiracy.

But, our crafty old Prof. Yabut has discovered what brings more than enough eyes to f/k/a — images or discussion of the now famous Boston corporate-finance lawyer, Wendy Savage.  (for more see this post and the links therein)

.. .. Wendy from Myre Designs

Wendy at Newport, Summer 2008 . . ..

Many thanks to Wendy Savage for sharing these photos with the f/k/a Gang and the readers of f/k/a. (Hey, you are still coming here for the one-breath poetry and breathless punditry, aren’t you?)

afterwords (Oct. 31, 2008): Today, at The Docket, the news weblog of Massachusetts Lawyers Weekly, Julia Reischel writes “15 Minutes of Beautiful Lawyer fame,” where she states a truth that’s plain to see: “Wendy Savage, the in-house insurance lawyer who graces the cover of the calendar, is really the one responsible for turning the product into an Internet phenomenon.”  Julia also noticed that f/k/a has “unabashedly capitalized on the Wendy Savage craze.”

follow-up (Nov. 3, 2008): Capitalizing himself on the Wendy Savage phenomenon, Bob Ambrogi posted “Mild-Mannered Blawger Gets Savage” today at Legal Blog Watch. Like Julia at The Docket, Bob has noticed that f/k/a has taken a dreamy detour into Wendy World.

turning ’round
just missing a pretty woman…
willow tree

virtue beyond virtue
beauty beyond beauty…
just a poppy!

lovely —
the sky after a lark
has sung

lovely–
in the leftover snow
both handprints

it’s so pretty!
so pretty!
the poison mushroom

… by Kobayashi Issa, translated by David G. Lanoue

October 29, 2008

FTC smites debt negotiation firms (updated)

Filed under: lawyer news or ethics,q.s. quickies — David Giacalone @ 6:18 pm

We posted a short blurb this morning about the recent WSJ article “Debt-Relief Firms Attract Complaints” (by Eleanor Laise, Oct. 14, 2008).  Such firms claim to “negotiate” with creditors in order to greatly reduce your overall debt.  The article underscores our own concerns about the services and fees of “debt settlement” or “debt negotiation” firms, some of which are run by lawyers.  See our comprehensive prior post “doubts over debt-negotiation fees” (July 21, 2008), which focused mainly on Net Debt and the affiliated Contego Law Firm. We dug a little further this afternoon, because a person who represents the industry left a comment yesterday saying that the Federal Trade Commission “endorses what we do.”  From my prior research, I doubted that claim.

update (Oct. 30, 2008): Overlawyered.com has been covering the sordid story of The Consumer Law Center, a Florida debt settlement firm run by lawyer Laura Hess and Hess Kennedy Chartered LLC. They have been under investigation by the Florida Attorney General and other state regulators, and by the Florida Bar.  On October 8, 2008, Laura Hess agreed to disbarment.  On Oct. 15, 2008, Florida Attorney General Bill McCollum announced an Initiative to Clean Up Florida’s Debt-Relief Industry (see Sun-Sentinel article; ). And see, “Look Out for that Lifeline,” Business Week, March 6, 2008; and “Insider: Confessions of a Debt-Settlement Company Worker,” The Consumerist (March 2008)

update (May 9, 2009): See “ATTORNEY GENERAL CUOMO ANNOUNCES NATIONWIDE INVESTIGATION INTO DEBT SETTLEMENT INDUSTRY: Subpoenas Fourteen Debt Settlement Companies and One Law Firm in Connection with Probe” (Press Release, NYS AG, May 7, 2009);  and “Cuomo subpoenas debt settlement companies” (Newsday, by John Riley, May 7, 2009, which discusses the Allegro Law Firm); and Consumer Reports (March 2009), on high-fee debt settlement as a “financial trap”.

Here’s what I found out about the FTC and Debt Settlement:

In September 2006, the Federal Trade Commission got an injunction putting several debt negotiation firms out of business, and announced a continuing investigation. (FTC File No.: 052-3091) Its Sept. 21, 2006 Press Release, titled “FTC Stops Nationwide Debt Negotiation Scheme,” notes:

As requested by the Federal Trade Commission, a federal judge has issued a temporary restraining order against a nationwide operation that claimed it could reduce consumers’ debt by up to 60 percent, leading many people into financial ruin and bankruptcy. The FTC charged five companies, including Homeland Financial Services, National Support Services and Prosper Financial Solutions, and their principals with deceptive and unfair practices in violation of Section 5 of the FTC Act.

“These defendants are charged with targeting consumers who were knee deep in debt and luring them with false promises,” said Lydia Parnes, Director of the FTC’s Bureau of Consumer Protection. “Consumers should be leery of anyone who says they can eliminate your unsecured debt, or that you can pay it off for pennies on the dollar. Debt negotiation can be very risky.”

A month ago, the Commission announced the completion of the investigation, saying Debt-Negotiation Defendants Agree to Settle FTC Charges in Nationwide Operation that Led Many Into Financial Ruin.” (Press Release, Sept. 25, 2008)  Click here for links to the Stipulated Orders and other important materials in FTC v. National Support Services, LLC, Dennis Connelly, et al.  (US Dist. Ct., CD Cal, Civil Action No.: SA CV 06-701 DOC (RNBx) ; FTC File No.: 052-3091).  The Orders prohibit the respondent debt negotiators from continuing many of their claims and practices.

The banned activities reflect the Commission’s attitude toward the way debt negotiators conduct their business — often amounting to deceptive, misleading or unfair conduct that harms consumers. The points made in the body of the Press Release are well worth repeating, and I will leave you with them here and beneath the fold:

  • The settlement bars them from falsely representing that enrolling in a debt-negotiation program is likely to enable consumers to pay off their credit-card or other unsecured debts for a substantially reduced amount;
  • that consumers’ creditors are likely to negotiate settlements under which they will accept substantially less than the amount owed;
  • that debt negotiators can negotiate better settlements with creditors than consumers can negotiate themselves; or
  • that debt negotiators have an established relationship with creditors that gives them an advantage in negotiating favorable settlements.

(more…)

voting for halloween spirit

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 9:58 am

.. Presidential Pumpkin Patterns ..

— from Zombie Pumpkins. com (via Don Weeks at WGY radio) —

election day
jack-o-lanterns
in trash cans

… by dagosan

If your sensibilities are at all like mine, you passed your political-ad nausea threshold weeks ago, and need a barf bag next to the sofa or la-z-boy in your tv room, as we enter the last week of pre-election advertising. And, it hasn’t helped at all that our campaign to rid the pundit lexicon of the term “battleground state” has had no noticeable effect. I’ve been watching the public television network even more than usual to avoid the effluent electoral flow of mud and misleading claims, while relying on Obama Girl again for my political fix.

If all the angry ads leave you wanting to grab a knife and stab something, the f/k/a Gang suggests you sublimate those feelings and have some fun at ZombiePumpkins.com, where you’ll find a bounteous crop of ghoulish and topical patterns for carving surprisingly sophisticated jack-o-lanterns. The presidential pumpkin patterns shown above are among the selections. You have to join to download their amazing patterns, but you can do a lot of looking and reading for free, or get full access to 183 patterns for as little as $5, and a sampler of any two patterns for $2.

halloween mail
a bill arrives
from the plastic surgeon

devil’s night
father john’s profile fills
the confessional screen

autumn emptiness
i leave the pumpkin
just as it is

halloween
the government issues
a report on the war

……………………………………..ed markowski

At Court-o-rama, Anne Skove is in the Halloween spirit this week. Among other posts, check out her coverage of:

battery weakened
the low, slow laughter
of a demon

…. John Stevenson from Some of the Silence

Other quickie treats:

  • Raising issues similar to ours in the post “doubts over debt-negotiation fees“), the Wall Street Journal column “Debt-Relief Firms Attract Complaints” says there’s been a large increase in complaints about the so-called debt-negotiators, and “Regulators, consumer advocates and industry groups are taking a closer look at debt-settlement firms.” (by Eleanor Laise, Oct. 14, 2008)

At the WLJ site, you’ll find links to related podcasts, too: John Ulzheimer, president of consumer education for Credit.com, talks with Eleanor Laise about the growth in debt settlement companies and whether they deliver on their promises.

pumpkin patch
this one is big enough
for my son

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

perched on
the sumo’s belly –
one large pumpkin

…. by dagosan – Nisqually Delta Review (summer/fall issue 2006)

halloween twilight
again this year my son waits
alone by the door

…… by Roberta Beary, The Unworn Necklace (2007)
1st place, Tokutomi Memorial Haiku Contest 2006

p.s. Many thanks to Lissa and James Giacalone, who introduced their old uncle to the joys of Hoops and Yoyo over the weekend.  We laughed and laughed over the free H&Y e-cards at Hallmark.com.  Check out their Halloween BOOgie.  For me, the scariest e-card was the morning they only had decaf coffee. (“What is the point of decaffeinated coffee!? it’s just brown water.”)

October 28, 2008

Wendy and Windy

Filed under: Haiku or Senryu,lawyer news or ethics,q.s. quickies — David Giacalone @ 5:44 am

.. Wendy & Windy . . . .. Today is a travel day, with the f/k/a Gang facing strong winds and trying to stay ahead of a rain and snow storm that will be arriving very soon along the road from Rochester to Schenectady, NY. Two posts have dominated activity at this weblog during our visit home:

  • Upset that f/k/a called him “whiny” and would not remove that word from our headline, and feeling that his positions were being distorted, lawyer Kurt Mausert spent much of the past few days assaulting the Editor (and even Scott Greenfield) instead of focusing on his campaign to become Family Court judge in Saratoga County, New York.  You can judge for yourself whether the mud he is slinging at us repaired his image or not. update (Nov. 5, 2008): As we report here, Mausert was defeated by Judge Hall, receiving about 42% of the vote. afterwords (January 23, 2009): On January 2, 2009, Kurt Mausert left a comment to this post, and he wants to make sure you see what he has to say.  You can click to go directly to his Jan. 2 comment.
  • On a more pleasant front, the allure of lovely lawyer Wendy Savage brought an extra 2000 visitors a day to this site over the weekend.  We hope all this attention will help sell the Beautiful Lawyers Calendar for the benefit of several public interest causes.  Thank you Wendy (who left us a Comment below, plus links to more of her fashion photos), Google, Above the Law, and the FootballGuys.com Forum for all the referrals.

afterwords (Oct. 31, 2008): At Mass Lawyers Weekly‘s weblog, The Docket, Julia Reischel writes “15 Minutes of Beautiful Lawyer fame,” where she states a truth that’s plain to see: “Wendy Savage, the in-house insurance lawyer who graces the cover of the calendar, is really the one responsible for turning the product into an Internet phenomenon.” (Nov. 3, 2008): And, Bob Ambrogi posted “Mild-Mannered Blawger Gets Savage” today at Legal Blog Watch.

.. A year ago today, we featured a post on Richard Susskind’s book “The End of Lawyers? Rethinking the nature of legal services,” (Oxford University Press, 2008), and his End of Lawyers series at the London Times Online. The issues are still important and worth considering. So far, Susskind has not taken our advice to start his own weblog:

An urgent (if somewhat selfish) request to Richard Susskind: Please start a weblog and bring your insights and commentary about the Future of Lawyers to us every day. For the f/k/a Gang, it gets tiring being just about the only voice speaking realistically and consistently about the evolving market-and-digital revolution. Your presence is much needed, Richard. Frankly, within the American Bar and its weblawg community, the members who most pride themselves on being future-oriented and “proactive” (and their consultants and coaches) all paint a happy-face future, where they’ll use tactics such as law firm branding, value billing, and price sensitivity (along with a large dollop of psycho babble) to achieve premium pricing and increased income, in the face of marketplace realities, and at the expense of their clients (while, miraculously, satisfying them more, and somehow working fewer hours, freed from the hourly-billing bogeyman).

Take another look at our list of “signs to look for that will help determine whether the American bar is choosing to act like a guild protecting its own interests first, or like a learned profession seeking to best serve the public interest in creating a truly accessible and affordable legal system.”

update (1 PM): As discussed more fully in our prior posting, U.S. District Judge Carol E. Jackson issued a temporary injunction yesterday blocking enforcement of the parts of the new Missouri Halloween law that restrict the movement and behavior of registered sex offenders, because they are too vague and confusing to sex offenders and to those who would have to enforce the law. However, Judge Jackson would not block the sections requiring sex offenders to leave their outdoor lighting off during evening hours and post a sign at their home stating “no candy or treats at this residence.”  See “Judge: Parts of law restricting sex offenders on Halloween will not be enforce” (Southeast Missourian, Oct. 28, 2008); “Rules limiting sex offenders on Halloween blocked” (Associated Press, Oct. 28, 2008); and “Judge Blocks Rules Limiting Sex Offenders on Halloween” (New York Times, Oct. 28, 2008)

Here are the poems we posted a year ago, by our Honored Guest Matt Morden:

halloween –
part of the moon
follows a bicycle home

harvest festival ProfPointer
small fingers trace
a saint’s name in slate

post inspection
a bean-counter shakes
my cool hand

halloween
thousands of starlings
flux together

………………… by matt mordenMorden Haiku

October 26, 2008

the Osama-Obama ballot: a lame spellchecker excuse

Filed under: Haiku or Senryu,q.s. quickies,Schenectady Synecdoche — David Giacalone @ 10:06 am

We’re still visiting our family of origin, but can’t go cold turkey all weekend without a little blogging. So . . .

. . . . . . . . You may recall that absentee ballots with the name “Barack Osama” (instead of “Barack Obama”) were sent out to 400 voters in Rensselaer County, NY, a couple weeks ago. [See the Albany Times Union (October 10, 2008) for an image of the infamous ballot.] The embarrassed Rensselaer County legislature asked for an investigation and explanation from their Board of Elections, and received a report last Monday. See “Blame the computer for Obama-Osama goof, officials say: Rensselaer County voting officials say inattention led to misprint of name” (Albany Times Union, Oct. 23, 2008); and “Was botched ballot a spellcheck slip-up?” (Troy Record, October 21, 2008). The Troy Record reports:

“This error may have been due to a spellcheck function on the operating system of the computers utilized by the Board of Elections,” said the letter signed by Commissioner Ed McDonough, a Democrat, and Commissioner Larry Bugbee, a Republican. “Due possibly in part to the number of different ballot styles along with the higher than normal number of new registrations and overall increased activity at the board, this error was not caught.

“While there is no explanation other than the fact that the error was made innocently and with no malice or forethought,” the letter addressed to Chairman of the Legislature Neil Kelleher reads. “While attracting a great deal of attention, the error was caused by a simple mistake that unfortunately was not caught.”
The board also made some internal changes, such as all proof reading of ballots will be by two employees, a Democrat and a Republican and all ballots will now be read by both commissioners.

Blaming spellcheck? Who would buy that lame excuse? Well, the editors at the Schenectady Gazette. In “How Obama became Osama, and other tales of computer horror” (Schenectady Gazette, October 25, 2008), they say:

“It’s a logical explanation, and something of a relief because it indicates that the misspelling was an honest mistake, not an intentional political dirty trick. Still, the episode should serve as a reminder for anyone who uses a computer — they’re not infallible, even with software designed to catch grammar or spelling mistakes.”

Yeah, but: Spell-checkers don’t force a change on the writer, they highlight possible errors and ask the writer to decide whether a change is needed. If the folks in Rensselaer County use spell-check software that forces a change on them or gives them no chance to review a change, they really need a new webmaster; if their employees cede so much power to Spellcheck when doing something as important as a presidential ballot, they need new management. The Gazette editors are right that:

“The point is that writers, or anyone who uses a computer, still has to proofread what they’ve written before pulling the trigger — whether it’s an absentee ballot, job application, term paper, whatever. Computers are fantastic machines, but they can’t think.”

[Ed. Note: We often “pull the trigger” around here without catching all the typos (as we did here today), but this is an unimportant little website whose Editor eventually sees and corrects most of the errors — and only occasionally blames his peridementia.]

The problem with lame excuses is that they make people (even non-lawyers and the non-curmudgeonly) more than a little suspicious, or make us wonder if those giving the excuse are capable of thoughtful analysis. Around this part of the world (as elsewhere), there is no doubt that civil servants are more than capable of making silly mistakes like the “Osama-Obama” mishap without even trying. They shouldn’t exacerbate the situation with such poor “explanations”.

Afterwords (Nov. 3, 2008): Oh, Brother.  I just discovered that there’s a whole line of anti-Obama merchandise with the inscription “Spell-Check Says Obama is Osama.”   Also, in “Microsoft tries to fix big glitch on Obama,” the Minneapolis Star Tribune reported on June 12, 2008, that Microsoft’s Hotmail Spell-checker suggests “Osama” when you type in “Obama.”  Microsoft spokeswoman Melissa Lawson says it’s a mistake they planned to fix ASAP:

“For the convenience of our customers, Windows Live Hotmail spell checking functionality helps provide suggested alternatives for words not recognized by the Hotmail dictionary, including suggestions for other words or proper names similar in spelling to the unrecognized term,” she wrote in an e-mail.

As I often do when visiting Rochester, I’m going to leave you with a few poems by Rochester’s haiku guru Tom Painting, and his ten-year-old daughter Sarah Brachman Painter.

watching a bee
skim the flowers-
summer’s end

November 11th
cemetery flags
Old and tattered

……………… by Sarah Painting – Two Dragonflies

autumn light
I lower the window
cover my child’s feet
the foul ball lands
in an empty seat
summer’s end
Sarah Painting was also editor/illustrator/publisher of a chapbook last year to commemorate a Ginko [haiku-inspiring walk], in Rochester’s Mount Hope Cemetery. See our post “Mount Hope Haiku” (October 14, 2007) for more about the chapbook Mount Hope Haiku: September 16, 2007. Here are a couple poems from Mount Hope Haiku.
green copper letters
on the ex-slave’s grave —
some leaves already red
……. by dagosan – from Mount Hope Haiku (2007)

October 15, 2008

Blog Action Day 2008: today the focus is Poverty

Filed under: q.s. quickies — David Giacalone @ 8:27 am

Yesterday, we posted a day early for Blog Action Day 2008, asking Barack Obama to talk about the poor and poverty in America at the last Presidential Debate.  We’ll find out tonight whether either candidate or the moderator thinks poverty is important enough to be a debate issue.

By the way, if you’re in Chicago, you can join Obama supporters who are holding a “Blog Action Day & Debate Watch Party” this evening.

update (October 15, 2008; 11:30 PM):  Sigh. Not one word on the poor or poverty from Barack Obama in tonight’s debate — even when talking about the inadequacies of our education system.

Over ten thousand weblogs have pledged to participate today, focusing on Poverty.  For example:

For more weblogs participating in Blog Action Day 2008, go to:

afterwords: (October 16, 2008): One of our favorite blawgers, Anne Skove of court-o-rama, posted an insightful piece yesterday on Poverty and Addiction —
“Blog Action Day 2008: Poverty or How Low Can You Go?“.  It features excerpts from an article in the Cincinnati alternative newspaper Street Vibes by poet-storyteller Michael Henson.

Speaking of reprises, check out our story about the death of “Frenchie” Hamilton, and the rising tide of attacks on the homeless (September 8, 2008) by juveniles in the USA.

THE UNMADE BED

bus station hobo—
four plastic seats
and a tabloid pillow

on each dawn-frosted bench—
a full sleeping bag

a young cop rousts
the trestle couple—
cooing pigeons

in my pupils—
the mattress
in the storefront window

snores from the dumpster
at Executive Suites

dreaming of Dickens
on an empty belly—
one more vagabond

– “The Unmade Bed,” a rengay by David Giacalone (#1) & CarrieAnn Thunell (#2), in Lynx XXII:3 (October 2007)

Finally, Issa knew that the poor are often the richest in spirit:

at his house
though he’s dirt-poor…
plum blossoms

the world today!
umbrella-hatted princes and paupers
blossom viewing

… by Kobayashi Issa, translated by David G. Lanoue

October 13, 2008

a lovely day whatever it’s called: an Indian Summer haiku collection

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 10:31 am

Indian summer 
his name comes to me
then is gone again

… by w. f. owenflower of another country (HSA Anthology 2007)

  • No matter if this spate of sunny, dry, moderate weather is really Indian Summer

the f/k/a Gang hopes you have as lovely an October 13th as we’re having here in Schenectady (where we are at the peak of Leaf Peeper Season).

Columbus Day drive
red and yellow crayons
turn into stubs

………… by dagosan

If it’s a holiday for you, and you have some spare time, we suggest you read about the meaning and possible sources of the term Indian Summer.  “JUST WHAT IS INDIAN SUMMER AND DID INDIANS REALLY HAVE ANYTHING TO DO WITH IT?” (National Weather Service, by William R. Deedler, Fall, 1996)

Or, peruse one or more our earlier posts discussing the mysteries and controversies surrounding the man erroneously called Christopher Columbus. “who do you want Columbus to be?” (Oct. 12, 2004 ); “Columbus, Colombo, Colón: what’s in a name? (Octo. 6, 2007); “it’s hard to discover Columbus” (Oct. 10, 2005)

Columbus Day rain –
first cozy evening
since Spring

………… by dagosan

Before you do, why not bask in our collection of tributes to Indian Summer by f/k/a‘s Honored Guest Poets, led by Dr. Bill Owen, who is clearly becoming the haijin dean of Indian Summer.

Indian summer
a spent salmon
washes ashore

Indian summer
a fish slips through
the gill net

Indian summer
honey flows
into the tea

Indian summer
the cat
pregnant again

w. f. owen – from echoes 1 (Red Moon Press, 2007)
“Indian summer/salmon” – HSA Henderson Haiku Contest 2004, 1st Place
“Indian summer/gill” & “pregnat cat” – haiku notebook (Lulu.com, 2007)
“Indian summer/honey” – from frogpond XXVII: 1

Indian summer
chocolate kisses
on my cheek

………. by Yu Chang – from Upstate Dim Sum (Vol. 2008/1)

white jerseys
spread across the hockey field
Indian summer

… by Barry George – The Heron’s Nest (Winter 2005)

Indian summer   
algae floats
downstream

… Hilary Tann – Upstate Dim Sum 2007/II

she leaves
the gate open
Indian Summer

… by Alice Frampton – The Heron’s Nest (December 2007)

her kiss
on the cool side of tepid …
indian summer

… by ed markowski from Haiku Harvest (Fall/Winter 2005)

See a new spread on Ed at Norb Blei’s Poetry Dispatch, “Ed Markowski: a poem and a note (Dispatch 255, October 11, 2008)

Indian summer
the watercolorist paints
a leaf on the lake

… by Tom Painting from his chapbook “piano practice

Indian summer
fire ants swarming
over a rotted squash

… by Rebecca Lilly –  A New Resonance 2; Modern Haiku XXXI:1

Indian summer~
two tortoises stretch
toward shore

. . . by Pamela Miller Ness – Nisqually Delta Review (editor’s choice, winter/spring 2006)

indian summer
the sound of conker
on conker

indian summer
a dance class practice to
“I want to break free”

.. by Matt Morden
“indian summer/conker” – Morden Haiku (October 14, 2006)
“indian summer/dance” – Morden Haiku (October 6, 2007)

Indian summer
rust on our hands
from the swing

… by w.f. owen – from haiku notebook (2007)

Indian Summer –
a squirrel tips over
the bag of rock salt

… by David Giacalone – The Heron’s Nest VIII:I, March 2006

We all wish you several Indian Summers this Autumn of 2008. If your weather is not picture perfect for Columbus Day, we hope it isn’t at all like this October scene from a couple years ago near Buffalo, NY, which inspired a poem and a haiga:

a foot of snow
a month too soon
candles for nightlights

. . . photo haiga by Arthur Giacalone (photo) & David Giacalone (poem);
Simply Haiku Journal, Vol. 5 no. 1 (Spring 2007)

p.s. If you’re in search of some fine recent commentary from law-related weblogs, or you want to learn more about Conflict Resolution Day (the 3d Thursday of October), see Diane Levin’s presentation of Blawg Review #181, at her Mediation Channel weblog.

October 11, 2008

big hint: words to use besides “battleground”

Filed under: q.s. quickies — David Giacalone @ 9:08 am

Dear Publisher, Pundit, Pub Patron & Political Junkie:

Trust us, the term “battleground state” can’t be found anywhere in the U.S. Constitution.  But, you keep using it every chance you get (e.g., here, here and even there), to the exclusion of some very fine — and often more precise and interesting — words.

You’re probably way too busy to pick up a thesaurus during this last month before the election.  So, the f/k/a Gang has compiled for you a full buffet of words and phrases that might be substituted for the annoyingly ubiquitous presidential campaign b-word, in the various situations where neither of the major party candidates yet has an insurmountable lead in a particular state and they’re both fighting to win its electoral votes.

The words are presented in no particular order, to preserve and provoke your creative freedom (and save us the bother of categorization).  Please don’t thank us for the list; we thank you in advance for using it. Of course, we’d appreciate any additional family-friendly words left in our Comment section to describe states or voters formerly known as “battleground.”

s/ the f/k/a Gang

. . . . toss-up, close, even, hotly-contested, swing, purple, uncommitted, doubtful

last-ditch, contended, undecided, indecisive, seesaw, hot, unsafe, rainbow,
margin-of-error, tight race, unpredictable, iffy, in dubio, indeterminable

fickle, coy, available, obtainable, persuadable,  
unpersuaded, disputed, doubtful, coin-flip, balanced, even-odds, in play

combat zone, dogfight, open, unsettled, noncommittal, inscrutable
eleventh-hour, too-close-to-call, neck and neck, photo-finish, tug-of-war

front line, challenged, disputed, unsettled, closely-contested
winnable, attainable, achievable, potential, feasible, possible, within reach

locked in a staring contest
me…
and a frog

… by Kobayashi Issa, translated by David G. Lanoue

p.s. Below the fold: A good summary of the concept of “battleground” or “swing” state from Wikipedia, plus a few haiku from Master Issa.

(more…)

October 7, 2008

who are you calling “dearie”?

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

There’s an article in today’s New York Times that deserves our attention and contemplation.  It’s titled “In ‘Sweetie’ and ‘Dear,’ a Hurt for the Elderly” (October 7, 2008).  Reporter John Leland targets elderspeak —  “the sweetly belittling form of address that has always rankled older people” — and, in particular, people “who address any elderly person as ‘dear’.”

The article points out that many older persons very much resent being called “Sweetie” or “Dearie,” even when the speaker is trying to be nice or to sound caring.  With their implication that the elderly are somehow less than competent or capable, such terms of endearment (especially from strangers or service providers) are condescending.  Worse, according to the Times:

“Now studies are finding that the insults can have health consequences, especially if people mutely accept the attitudes behind them, said Becca Levy, an associate professor of epidemiology and psychology at Yale University, who studies the health effects of such messages on elderly people.

“Those little insults can lead to more negative images of aging,” Dr. Levy said. “And those who have more negative images of aging have worse functional health over time, including lower rates of survival.”

“Despite such research, the worst offenders are often health care workers . . . “

The point is very well taken and should be kept in mind when talking with older persons.  Of course, I hope lawyers aren’t guilty of using elderspeak when practicing Elderlaw.

This article is a good opportunity to ask even our close relatives and friends whether they would prefer that we drop the Dears and Sweeties.   Surprisingly, our congenitally cranky Prof. Yabut agrees with the sentiment voiced in the NYT article by Oregonian Jan Rowell:

“Not all older people object to being called sweetie or dear, and some, like Jan Rowell, 61, of West Linn, Ore., say they appreciate the underlying warmth. ‘We’re all reaching across the chasm,’ Ms. Rowell said. ‘If someone calls us sweetie or honey, it’s not diminishing us; it’s just their way to connect, in a positive way.’

“She added, ‘What would reinforce negative stereotypes is the idea that old people are filled with pet peeves, taking offense at innocent attempts to be friendly’.”

senior discount day
an eighty year old man
packs my groceries

…. by ed markowski

.. Psst: Boomers don’t like it either .. ..

A couple of recent incidents from my own life made me very aware — at age 58 — that terms of address can come with irksome aging implications.  Last Spring, a 20-something stranger in my neighborhood park twice called me “Pops.”  It did not sound like a term of respect or endearment.  It was at least a decade premature and ran contrary to the youthful self-image that resides in my psyche.  Worse, the thought arose “it’s not going to get any better.”

the um in her voice
before offering me
the senior discount

….. by Carolyn Hall – A New Resonance 2; Frogpond XXIII:2

Similarly, a couple weeks ago, in two separate incidents on the same morning, two young women I had never met called me “Dear” and deferred to me as I was entering a building — first at a supermarket, then at my doctor’s office.  Frankly, rightly or wrongly, my male ego felt diminished: they weren’t just saying I was a lot older than them, they were implying I was over the hill, non-threatening, genderless.

Discovery channel –
an older male vanquished
heads for the hills

… by Tom Clausen – Upstate Dim Sum (2003/II)

.. (1971) ..  in my mind I’m still 19 .. (2008) ..

In a related event, last month my lovely friend Sharon, who is 47 and looks 37, opined that many men well over forty “go around thinking they’re still 19.”  I confessed to her that I had in fact recently said to myself, “When I walk around, I feel just like I did at 19 — at least until my knee hurts or I catch my reflection in a window.”  To be honest, having been through quite a few ordeals the past few decades, it’s great that my spirit — unless reminded otherwise — still feels like it did when I was in college.  It would, of course, be wonderful not to be reminded otherwise any more often than absolutely necessary, when I deal with younger folk.

Nonetheless, I hope I’ll keep in mind the words of Warren Cassell, of Portland, Ore., in today’s NYT article:

“I’m irked by it, but I can’t think about it that much. There are too many more important things to think about.”

Well, this “quickie” post sure got long.  I’ll say “so long” with a few more one-breath poems from my friends.

the aging gourd
and I
cast our shadows

. . . . . . . . . . by Kobayashi Issa (David G. Lanoue, translator)

Valentine kisses –
trying it with and without
dentures

. . . . by dagosan

mother’s day
a nurse unties
the restraints

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

warming up
over a cup of tea
my mother-in-law

………  by Tom Painting – Frogpond XXXI:1 (Winter 2008)

calling home–
the color of mother’s voice
before her words

………………… by Hilary Tann, in “dust of summers: RMA 2007”; orig. pub. The Heron’s Nest IX:4

visiting mother—
again she finds
my first grey hair

. . . . by Michael Dylan Welch – TAO

in the attic
grandpa searches
for his marbles

… by w.f. own – Haiku Notebook (2007)

clouded moon
an old man
ebbs away

.. by Matt Morden – Morden Haiku (January 31, 2007)

September 28, 2008

is Palin pullin’ a Felson?

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 8:14 pm

. . “Fast Eddie” Felson and “Slow Sarah” Palin . .

Two of the big stories on the Sunday morning tv news shows — the much-lamented death of Paul Newman and the much-savaged interview of Sarah Palin — blurred for me today. Talk of Newman’s career brought to mind his famous character “Fast Eddie” Felson from the 1961 movie “The Hustler,” and the encore “The Color of Money” (1986). And, all the commentary on Palin’s faltering performance in her one-on-one with Katie Kouric reminded me that the Great Pre-Debate Low Expectations Game is in full swing.

Hustlers are willing to lose a bit to lower expectations and lull their opponents into overconfidence.  Sarah Palin probably plays a pretty good game of pool, and she just might be pullin’ a Felson in anticipation of her really big-stakes match next Thursday, in St. Louis, at the Vice Presidential Debate with Sen. Joe Biden.  She’ll be heading to the podium next Friday with expectations lower than a snake’s belly, and heading toward the level of a gopher’s behind.  If Gov. Palin convinces the nation she can either walk or chew-gum, she will be hailed as passing muster and vastly out-performing the predictions of pundits across the political spectrum.

Beating the odds and expectations seems to be what the debates are all about in the media.  Sarah Palin will surely surpass all expectations — perhaps rising to the heady heights of mediocrity.  Joe Biden’s my candidate, and I sure hope he isn’t underestimating his Republican opponent.  If Joe’s feeling cocky, he probably should watch the YouTube videos of the First Game and the Final Game between Fast Eddie and Minnesota Fats.

The TinyURL for this post is http://tinyurl.com/PalinFelson . For more, see the Daily Kos posting, “watch out for the Palin expectations trap” Sept. 28, 2008; and find a video of the entire 2006 Alaska Gubernatorial Debate at The New Argument.

[Speaking of Debates, don’t miss our finger-puppet “presidential debate redux,” which asks a lot of questions Barack forgot.]

update (October 3, 2008): Darn right. She didn’t run the table, but the oft-winking Gov. Palin exceeded all those low expectations and stays in contention for the big prize. (See New York Times, “The Vice-Presidential Debate“) As David Brooks said today, in “The Palin Rebound,” “By the end of the debate, most Republicans were not crouching behind the couch, but standing on it. The race has not been transformed, but few could have expected as vibrant and tactically clever a performance as the one Sarah Palin turned in Thursday night.”

grown wild
the spot where I buried
the last of my pets

flickering buzz
of the pool hall sign
summer night

……………………… by John Stevenson –  The Heron’s Nest (December 2007)

p.s. Paul Newman has long been my favorite actor from my parents’ generation — even before I could relate to his character in Nobody’s Fool.  The f/k/a Gang is going to eschew further posting this evening and curl up on the futon with a tape of his 1982 movie “The Verdict,” which is near the top of every “best films about lawyers” list I’ve ever seen (e.g., our prior post).  You will indeed be missed, Mr. Newman.

what is it about sunsets?

Filed under: Haiku or Senryu,q.s. quickies,Schenectady Synecdoche — David Giacalone @ 8:11 am

. . they’re free and frequent . .

. . and fleeting . .

.. . . they make us look again at everyday sights .. ..

Hermits and honeymooners ooh and aah. New Agers and Hockey Moms love them. Cranky Curmudgeons, too.  Even when prices are high and politicians low.

Yes, I’m grateful our species got a gene that almost always enjoys another sunset.  Perhaps, that gene evolved and was naturally selected back when life was rather brutal and short, because those of our early ancestors who looked forward to sunsets had more motivation to survive for another day, were more fun to be around, and tended to attract mates.

Naturally, I’m also thankful that such wonders appear so often at the end of my block — and that digital technology lets me view and then share them with virtually no fuss or expense.

(above photos taken September 25, 2008, photos below were taken September. 27, 2008S, Schenectady Stockade, Riverside Park, by d.a.giacalone; click to enlarge)

for many more sunset pictures from Schenectady, see my photoblog suns along the Mohawk

Two centuries ago, half a world away from my Schenectady sunset, an itinerant Japanese poet loved his sunsets, too.  These should tide us over until 7 PM tonight.

sunset–
the town is buzzing
with dragonflies

the mountain sunset
within my grasp…
spring butterfly

the woodpecker too
engulfed in sunset…
autumn colors

waiting and waiting
for sunset…
the willow tree

at my feet 
sunset’s rays, autumn
mountain

not shrinking back
from the sunset…
wildflowers

a plowman facing
sunset…
Mount Tsukuba

sunset–
a ruckus of cherry blossoms
a ruckus of trout

sunset–
an assembly of kites
in the sky over the town

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

Below the Fold: sunset through the eyes of a dozen contemporary haijin, a/k/a f/k/a‘s Honored Guest Poets:

(more…)

September 27, 2008

presidential debate redux: a puppet postscript

Filed under: q.s. quickies — Tags: , , , — David Giacalone @ 11:00 pm

A post-debate haunting … 

When I pulled the O’mama puppet off my finger Friday night and headed for bed, I knew I wouldn’t be able to sleep well.  The First Finger Puppet Presidential Debate — between Blue candidate O’mama and Red candidate McCurse (see our prior post) — ended with too many things unsaid by my candidate O’mama.  So many missed opportunities to put the grouchy old-guy puppet on the spot by asking questions that needed to be asked — and not just to keep that whiny moderator happy.

As I tossed and replayed the debate in my sleepy head, a dreamlike O’mama Puppet came into focus on the tip of my finger and then reappeared at my MacBook screen.  I knew what had to be done, although I’m no political strategist or analyst, and rarely play one at my weblog: I had to spend a few minutes composing those unasked questions — writing them down, now, so they’d be ready for the second debate in October.

McCurse’s taunts spurred me on.  .. ..

  • McCurse: You’d accept defeat in Eyeraq, O’mama.  Our nation must have victory. You are naive and irresponsible, and would rather lose a war than an election.

. O’Mama:  Just what do you mean by “victory” McCurse?  The Amerifan people deserve to know.  Do you mean the end of all sectarian and insurgent violence?  Sects and ethnic groups that are disarmed and cooperating?  Fair elections and a stable democracy?  A compliant “puppet” government with Amerifan military bases entrenched?  The end of Eyeran’s influence and activity in Eyeraq?  Secure oil resources for Amerifa?

How long will it take to achieve your so-called victory?  How many dollars and lives?  Can your vision of victory ever be achieved without a large, continuing Amerifan military presence in Eyeraq?  And hasn’t the Prime Minister of Eyeraq endorsed the concept of a timetable for removing American troops?

  • McCurse:  Our splurge worked and you won’t admit it, even though you said it succeeded beyond your wildest dreams.  You’re stubborn and naive and are willing to come home from Eyeraq in defeat.

O’mama:  Sure, McCurse, one aspect of the splurge worked.  Sending lots more of our brave sons and daughters helped reduce violence.  But, wasn’t most of the success achieved and achievable by deploying the troops already there more effectively?

What about all the other goals of the splurge?  How much closer to sustainable political stability and maturity are the government of Eyeraq and the opposing factions?

More important, how long will the successes survive post-splurge?  You and the generals call the gains fragile. If they’re temporary, did we just postpone the turmoil, wasting years and lives and dollars, and permitting the Eyeraqis to lean on us rather than solve their own problems?

Would the nation and the world be more secure from terrorism if the splurge troops and resources had been used in Arfghanistan?  Are the successes worth the continued animosity of so much of the world?

  • McCurse: We’re winning in Eyeraq, but you would have let us leave in defeat and disgrace, and will forfeit victory by pulling out too soon.

.. O’mama: Our own generals refuse to say we’re winning in Eyeraq. What do you mean by winning, McCurse?  Is “winning” like the victory you and your Party’s President said we “won” in Arfghanistan a couple years ago?

  • McCurse:  I don’t care what that moderator says, you ask too many questions, O’mama.

O’Mama: Fine. One question: What do you mean by victory in Eyeraq?

Disclaimer: Any resemblance to any actual debate, living presidential candidates (e.g., Barack Obama, John McCain), or countries (i.e., America, Iraq, Iran) is purely coincidental and unintended.

post debate –
my index finger
twitches

… by dagosan

afterwords (September 28, 2008): In a parallel universe, during this morning’s edition of Meet the Press, Tom Brokaw had this discussion with Steve Schmidt, Sen. John McCain’s chief campaign strategist:

MR. BROKAW: All right.  . . . Let’s go back to this business about winning in Iraq, if we can. In fact, a number of people on the Republican have–side have said that we’re winning. But in an interview with the BBC, General David Petraeus said he did not know that he would ever use the word victory about Iraq. “This is not the sort of struggle where you take a hill, plant a flag and go home to a victory parade. … it’s not” a “war with a simple slogan.” So isn’t it misleading in many ways for Senator McCain to say we are winning and we’ll come home when we have declared victory?

MR. SCHMIDT: Well, absolutely not. Here is what victory means in Iraq. It means an Iraqi government that is able to protect its borders, and it means an Iraqi government that is able to protect its people, then moves forward on its path to democracy.

Meanwhile, on today’s The Chris Matthews Show, BBC’s Katty Kay said her international correspondents tell her that many Iraqis would have a very hard time recognizing the Iraq described by McCain in his version of surge success (click for the video).

…  thanks to Fold US Candidates … 

September 17, 2008

unleashed quickies

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 10:18 am

Below are a few ONEsies (odds-n-ends) piquing our interest this lovely mid-September morning, plus a handful of haiku by our Honored Guests culled from a new “joys of the seasons” collection with a riparian theme.  Rather than wait to release them in one gushing punditry torrent, I’m going to drib and drab my blurb posting as the day “progresses” and my energy level and attention span wax and wane.  So, please stop back to see what has bubbled to the surface.

rivermoon
we run
out of words

…. by Roberta Beary, Esq. – from “Season’s Greetings 2009: Stream – River,” ed. Mohammed H. Siddiqui

. . . lawyer career choicesLong before this weblog existed, the alter egos now known collectively as the f/k/a Gang were bemoaning the fact that too many of our best and brightest youths were choosing the legal profession as their default career (rather than choosing more productive and personally rewarding jobs) and doing it mostly on the basis of greed and misguided status-seeking (notions reflected, for example, in “1L of a Decision,” Aug. 16, 2005, and the recent and much-ignored “EnvyEsq works too much,” Sept. 4, 2008).  In the wake of the Wall Street upheavals of the past few day, blawgers Elie Mystal at Above the Law and Scott Greenfield of Simple Justice have been wondering — with their very different perspectives and audiences — if there are wise career choices and options for those already possessing law degrees.

  • On the same day that Law.com ran the article “Sunny Forecast for GC Jobs in Clean-Tech Industry” (The Recorder, Sept. 16, 2008), Above the Law started the open-thread question “Is In-house still worth it?.”  Elie explained that “It wasn’t long ago that both associates and partners regarded moving in-house as a ‘golden ticket.’ Better hours, comparable pay, and a sweet ‘Executive Vice-President’ title.”  But, he asks, “As financial services firms break up and merge, what happens to the in-house attorneys caught up in the mix?”  You’ll find scores of comments at AtL from the young BigLaw (and wannabe) crowd.
  • Today, Elie followed that up with “The IRS is still hiring” (pointing to post at TaxProfBlog, and noting a 72% job satisfaction rate at the agency).  Such government jobs will seem like a very big let down to many of the readers of AtL.
  • Scott Greenfield has decided to leave “the goings-on for those who dream of vast wealth and importance” to Elie at Above the Law.  At Simple Justice, he instead opined, “Today would be Good Day to go Solo” (Sept. 15, 2008).  Noting the rocky times ahead for many in the world of Big Law, Scott says:

SuaveSN “There is still real legal work to be done out there.  There are regular people who need lawyers.  There are always defendants in criminal cases, though no Biglaw refugees are equipped to represent them. . . .

“While it’s too late to get ahead of the curve, there’s still time to do something about your lot in life before the pink email arrives at your crackberry.  Susan Cartier Leibel is about to open the digital doors of Solo Practice UniversityCarolyn Elefant has written the definitive book on the mechanics of opening a solo practice, Solo By Choice.. . . .

“Not all of you will make it.  Not all of you deserve to make it.  . . .  But some of you will see the writing on the wall.  Don’t pass up the available opportunity and resources that are here today.  It’s decidedly unclear what tomorrow will offer.”

Scott’s approach jibes with our own inclinations.  We feel bad for all those who entered law seeking the high life, and are now wearing golden shackles on a sinking ship.  The f/k/a Gang stands by our traditional position on lawyer career choices:  We’d be a much happier lot if we could “just” settle for making a comfortable living doing a job that helps regular folks solve and avoid problems, assert their rights, or defend themselves.

in a deep eddy
the child’s boot surfaces
momentarily

… by Tom Clausen – from “Season’s Greetings 2009: Stream – River,” ed. Mohammed H. Siddiqui

. . . Friedman Wants More Engineers:  Tom Friedman also hopes our talented youth will make better career choices and learn from Wall Street’s excesses (“Keep It in Vegas,” New York Times, Sept. 17, 2008)

“The market is now consolidating this industry, with the strong eating the weak, which will impose its own fiscal discipline. Good. Maybe then more of our next generation of math geniuses will think about going into engineering the next great global industry — energy technology — rather engineering derivatives.”

Tom also has some smart words about how to have smarter government regulation: “In sum, government’s job is to police that fine line between the necessary risk-taking that drives an innovation economy and crazy gambling with other people’s savings in ways that threaten us all. We need to make sure that what happens in Vegas stays in Vegas — and doesn’t come to Main Street. We need to get back to investing in our future and not just betting on it.”

afterwords (Sept. 18, 2008): Roger Cohen sounds a similar career theme this morning in his New York Times column, “The King Is Dead.”   He says “The leverage party’s over for the masters of the universe,” and that

“No better illustration exists of a culture where private gain has eclipsed the public good, public service, even public decency, and where the cult of the individual has caused the commonwealth to wither.”

Cohen has wondered “why do freshmen [from our best schools] bursting to change the world morph into investment bankers?” Apparently, it was the money and the fact that everyone was doing it.  Cohen advises:

“The best and the brightest should think again. Barack Obama put the issue this way at Wesleyan University in May: beware of the ‘poverty of ambition’ in a culture of ‘the big house and the nice suits’.”

” . . . It’s time for the best and the brightest to step forth and rediscover the public sphere.”

Cohen suggests a good place to start would be looking into the idea from Felix Rohatyn and Everett Ehrlich of creating a National Infrastructure Bank, or N.I.B.  Not a bad idea at all.  There are surely other important ways to use one’s brains to serve the nation rather than serve what Cohen calls the Money and Me zeitgeist.

those sensitive neocons (September 16, 2008): Following up on themes found in our “Lipstick Lynch Mob” post from Sept. 11, Linguist Geoffrey Nunberg makes a lot of sense in his Fresh Air commentary yesterday “Lipstick on My Choler (Or, Did You Call Me a Pig?)”  (listen here to the 5-minute podcast from NPR).  As Fresh Air notes, Nunberg asks “who’s responsible when words get misconstrued — and whether there’s an irony when a cultural conservative complains that a progressive has been insufficiently sensitive.”  For example, he notes:

“So if you were an upstanding cultural conservative, you might see something undignified in the McCain campaign’s reaction to the lipstick-on-a-pig remark. At times it seemed like a send up of radical feminism drawn from a satirical novel by Christopher Buckley or T. Coraghessen Boyle — the keening indignation, the burrowing for far-fetched meanings and unconscious motivations, and above all the insistence that what matters isn’t what someone actually says, but the way we take it.”

drizzle __
nothing disturbs the order
of the waves

… by Gary Hotham – from “Season’s Greetings 2009: Stream – River,” ed. Mohammed H. Siddiqui

. . . . . update (2 PM):

. . . Church and Politics: It must be difficult to be a “liberal” or moderate practicing American Catholic in this election season.   For example, today’s NYT article “Abortion Issue Again Dividing Catholic Votes” (New York Times, September 17, 2008) tells us:

“A struggle within the church over how Catholic voters should think about abortion is once again flaring up just as political partisans prepare an all-out battle for the votes of Mass-going Catholics in swing-state towns like Scranton.”

As we’ve pointed out previously, conservative American Catholics have tended to ignore the Church’s “social” teachings on justice and charity — despite Pope Benedict XVI’s first encyclical, Deus Caritas Est“(”God Is Love”; 2005).  Instead, they’ve focused on telling those who want to be faithful Catholics how they should vote, with publications like the “Voter’s Guide for Serious Catholics(see our prior post).

According to the Voter’s Guide (and its FAQ), “A well-formed conscience never will contradict Catholic moral teaching.“  And, five current political issues — abortion, euthanasia, embryonic stem cell research, human cloning, and homosexual marriage — are “non-negotiable” because they involve “intrinsic evil.“  “Serious Catholics” are told, therefore, they have the moral obligation to avoid voting for any candidate who supports the “evil” position on any of these issues.  Issues such as “just war,” the death penalty or economic justice are not part of the non-negotiables list.  Apparently, they can’t be taken into account when one of the candidates is on the wrong side of the “evil” list and his opponent is on the “right side.”  As I said above, it’s must be hard to be a liberal or moderate practicing Catholic in an important election year.

first day of winter
my walk extends
to the middle of the river

… by Yu Chang – from “Season’s Greetings 2009: Stream – River,” ed. Mohammed H. Siddiqui

. . . . . . update (7 PM):

consumer credit bill of rights : A New York Times editorial this week challenged Congress to act on the Credit Cardholders’ Bill of Rights before the elections in November.  See “Consumer Protection” (September 13, 2008).

“For all of these candidates who keep talking about helping the ordinary American, this should be an easy one. Get behind the Credit Cardholders’ Bill of Rights now, before the election.”

. . . “Mr. Obama and his running mate, Senator Joseph Biden, should urge House Speaker Nancy Pelosi — who appears to be listening to the bankers more than consumers — to allow a vote on the bill before the November elections. They should sponsor the same legislation in the Senate and invite Senator John McCain, who has pledged to help struggling Americans, to join the fight.”

How your Congress-person or Senator votes on this bill would be an important indicator of whether she or he puts the consumer or the banking/credit industry first.  Here’s an outline of the Bill (H.R. 5244) found at the website of House Financial Institutions and Consumer Credit Subcommittee Chairwoman Carolyn B. Maloney (D-NY).

The Credit Cardholders’ Bill of Rights:

-Protects cardholders against arbitrary interest rate increases
-Prevents cardholders who pay on time from being unfairly penalized
-Protects cardholders from due date gimmicks
-Shields cardholders from misleading terms
-Empowers cardholders to set limits on their credit
-Requires card companies to fairly credit and allocate payments
-Prohibits card companies from imposing excessive fees on cardholders
-Prevents card companies from giving subprime credit cards to people who can’t afford them
-Requires Congress to provide better oversight of the credit card industry
-Contains NO rate caps, fee setting, or price controls

For a one-page summary of the bill’s main provisions, click here.  To read the entire bill, click here. For a nice explanation of what the Credit Cardholders Bill of Rights will do, with the important problems described and industry arguments rebutted, see this post by Adam Levitin of the Credit Slips weblog.

There are a lot of good, needed protections in this Bill.  I especially like the requirement that card companies fairly credit and allocate payments.

Personal Grievance: Bank of America recently refused my request that they allocate part of my monthly payment to a $6.95 item that is on my credit card account due to an automatic charge for accident insurance offered through BofA.   The rest of my entire balance (many thousands of dollars) has a 0% interest rate until next March.  BofA allocates all payments first to that no-interest part of the balance, and therefore charges me a finance charge each month of $4.95 on the $6.95 balance, which has a nominal interest rate of 9.99%.  A nice “gotcha” that really irks me.

river stones
each one a turtle
of its own

.. by Tom Painting – from “Season’s Greetings 2009: Stream – River,” ed. Mohammed H. Siddiqui

September 13, 2008

$20 for a “beautiful lawyers” calendar?

Filed under: lawyer news or ethics,q.s. quickies — David Giacalone @ 9:04 pm

.. . . $19.95 Beautiful Lawyers Calendar . . . .

At f/k/a, we give our calendars away for free — even when they showcase lawyers showing a little skin or acting up in barefeet. Here, for example, are details from the months of June and August 2008, as seen in our downloadable fka Haiga Memories Calendar 2008. [Click the images to view — and print out — the full calendar page for each month, featuring the Giacalone Kids, circa 1950.]

[June ’08] . . our calendar beefcake . . [Aug. ’08]

You can imagine, therefore, our surprise to learn that some folks in Massachusetts are charging $19.95 apiece for their so-called Beautiful Lawyers Calendar 2009. According to the Beautiful Lawyers website, the calendar will feature “12 exceptional lawyers, some your colleagues… many well known attorneys… All selected from a huge nomination pool . . . All players in their own right, each with a unique story… full of style and spirit!” Not convinced yet to shell out twenty bucks? Read on:

“The 2009 Beautiful Lawyers Calendar is designed to navigate behind the scenes at some of America’s top law firms, most prestigious businesses and government offices. To present the lawyers at those businesses and institutions as they are in their relaxed environment… pursuing their passions… the person behind the power suit.”

Attorney Howie Altholtz teamed up with the advertising Agency Allen-Roche Group Inc., and David Yas, publisher of Massachusetts Lawyers Weekly to create and market the Calendar. For even more details, see Bob Ambrogi’s report at Legal Blog Watch (Sept. 10, 2008); David Yas’ publisher’s weblog at Mass. Lawyers Weekly (September 8, 2008); and the article ‘Beautiful lawyers’ calendar to raise cash for charity (Boston Business Journal, May 30, 2008;).

Of course, merely owning this fine piece of barristerial wall candy might not satisfy your need to bask in the glow of Boston’s legal establishment. Cheer up, there’s more: for a mere $75 donation, you’re invited to attend “the hottest Calendar release party of the year,” on October 1, 2008, at the Revolution Rock Club, in Boston. Being fervid fans of Calendar Release Parties, the entire f/k/a Gang is naturally disappointed that we won’t be able to make it to Boston for the Big Calendar Event.

Not convinced? If schmoozing with and gazing at Boston’s hottest lawyers still won’t get you to open your wallets, don’t forget that “A portion of the proceeds will benefit Greater Boston Legal Services and other selected beneficiaries.”

By now, we’ve surely melted the hearts and opened the checkbooks of even the most cynical of our audience members. Nevertheless, it’s Saturday night, and Prof. Yabut is home alone again without a date. That might explain his continuing, cranky reaction to all this beautiful news. With his change purse grasped tightly in both hands, Yabut asks:

  • What’s with the “A portion of the proceeds” dodge? The BBJ article says “The calendar will likely cost between $20,000 and $30,000 to produce.” That might leave a rather tiny pie to partially split among the targeted charities. Portion/schmortion. Can’t a bunch of well-off lawyers be a bit more specific about how much of the price is going to charity?
  • Besides the comely come-on image above (of Liberty Mutual attorney Wendy Savage), just what are we going to be getting for our money with this calendar? Remember, the subjects are members of the Boston Bar. BBJ tell us: “”

“Lawyers will pose in one serious photo at work and one ‘tasteful’ photo of them participating in an outside work activity. One example given is a sailboat setting.”

Are you excited yet?

  • What’s Mass. Lawyers Weekly role in this project? Censor and Dignity Cop? The last time we wrote about them here at f/k/a, publisher David Yas was knuckling under to pressure from the bar’s neo-puritan wing, with their bogus charges of sexism, and yanking this glam shot Jiwani ad from WLW:

MassWeeklySuit big

Be assured, that the rest of the editorial staff at f/k/a is a little embarrassed that Prof. Yabut is being such an old curmudgeon and skinflint. We bet, however, that we could change his mind — and get a retraction and favorable review — if Altholtz and Yas sent Yabut a review copy of the calendar. Of course, if he doesn’t like it, we promise to donate (at least a portion of the calendar) to charity. That’s a beautiful deal.

[larger] update (October 2, 2008): The launch party was yesterday, so see our image-filled post today with links to photos from the Beautiful Lawyers Calendar, and names of many of the featured lawyers.

update (October 23, 2008): See our post “wendy savage wendy savage” (October 23, 2008) for more on Ms. Savage and several of her namesakes.

fine print on her t-shirt
she glares at me
for squinting

. . . Poem: David Giacalone; Photo: Mama G. (1950);
. . . see the original haiga here and at Magnapoets JF

p.s. (September 16, 2008): Many thanks to Elie at Above the Law for pointing to this post at the top of yesterday’s AtL Non Sequiturs list (September 15, 2008), and for reminding us that Anna Torv from Fringe looks pretty good in a lawyer suit. Welcome to all the AtL readers who stopped by; I promise not to tell your managing partners why those billable hours plummet every time Elie adds a new posting.

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