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

December 28, 2004

christmas in wales (with Matt, not Jonah)

Filed under: pre-06-2006 — David Giacalone @ 2:49 pm

Let’s spend part of our winter holiday in Wales with



winter light

smoke shadows drift

over the water tower



New Year’s Day–

bleaching work shirts

back to white



steeltown Christmas

drizzle blurs

the neon welcome





blazer  by Matt Morden 

credits: “winter light” –  The Heron’s Nest (Dec. 2001)

“New Year’s Day” – The Heron’s Nest (March 2003)

“steeltown Christmas” – The Heron’s Nest, Valentine Award (March 2002)



children awash

in christmas gifts —

tsunami on tv


      [Dec. 28, 2004]


one-breath pundit   

jack in the box  Yesterday, Scheherazade answered Yeoman‘s questions about anonymous blawgers.  

I don’t believe that there are any particular deception problems posed by anonymous

authorship of a weblog — once you know the writer is anonymous, you are (or certainly

should be) duly warned about the potential for fictionalization. 

  • A lot of the worries about whether a weblog is “true” or “fictitious” could

    be solved if weblog editors made it clear — as is done with all books — whether

    the content is “fiction” or “non-fiction“.  Some weblog writers might need

    to make this disclaimer one post at a time.  We all know that there is often

    much “truth” in fiction.  However, if a writer is making up facts, he or she

    should not be implying or declaring that the work is non-fiction.

tiny check Eugene Volokh wonders about the context of a 1977 Report to U.S. Commission on Civil

Rights report, co-drafted by then-Professor Ruth Bader Ginsburg, that seems to propose

that the age of sexual consent be lowered to 12 in a statute covering federal territorial and

maritime jurisdiction.  In my experience, there did exist an overlapping group of feminist

and children’s rights lawyers in the 70s and 80s who insisted that the age of consent for

females should be lowered from 16, because adolescents were “women” who should be

allowed to have control of their own bodies.   Another reason may have been helping to

assure “reproductive rights” to females at the earliest possible time.  However, many would

have balked at twelve I bet — at least, as soon as they became mothers.


tiny check Instapundit and SoCalLawyer are raving about Hugh Hewitt‘s book Blog.  I like Glenn

Reynolds’ point that Hewitt gets it: “the vast hordes of small blogs with a few dozen readers

are more important than the small number of big blogs with hundreds of thousands of readers.”

I also think it’s ironic that Hewitt’s book does not permit’s Look Inside feature.


tiny check  Wikipedia asks whether it is appropriate for there to be a listing in its encyclopedia

for the term Christmahanukwanzaka. (via j’s scratchpadI wonder how Prof. B would vote.  In

checking out this topic, I learned the new word  portmanteau, and I ain’t ashamed to show my

ignorance. (some would say I do so daily)  Good word.


tiny check The New York Times is correct:  Doctors should get a lot of the blame for putting patients Rx

who are not appropriate recipients on drugs, for far longer than would ever  be appropriate. 

The fact that the drugs are often 10+ times more expensive than less risky and more appropriate

drugs, which are as effective, makes this problem even worse.  That the patient asks for the

televised drug and can get it elsewhere is no excuse for the individual physician making an

inappropriate prescription

This is a good place to remind you to check out Consumer Reports Best Buy Drugs website:

Here are links to some of its first Press Releases.


Press Release: Best Buy Drugs
Consumers Union announces a new public education campaign and website to help consumers save money on drugs.
more >>

Press Release: Statins
Consumers could save as much as $1,300 a year by switching to a less expensive cholesterol-reducing medicine.
more >>

Press Release: PPIs
An over-the-counter medication to treat heartburn and acid-reflux is available for under a dollar a day.
more >>

Press Release: NSAIDs
Relatively inexpensive, safe and effective drugs to replace highly-advertised drugs to treat arthritis and pain.
more >>


why the unholy silence on faith-based law schools?

Filed under: pre-06-2006 — David Giacalone @ 1:15 pm

I’ve been surprised that so little has been written on faith-biased legal education     torah

by weblawgers who might be apprehensive about the idea.  We seem to hear only from

fans of the notion.  While I am not like Chris Newman’s friend, who would refuse

accreditation for such schools, I’m very wary about claims that religion-focused law

schools will produce lawyers who are more moral and ethical, or that proper legal

interpretation should look to the Bible first rather than our Constitutions.


My misgivings can be found in the earlier postreligious law schools offer no salvation,”

which was quoted at length yesterday (Dec. 27, 2004) — not by a blawger — but by

Austin Cline, at his Agnosticism/Atheism Blog. [talk about preaching to the choir]


Non-lawyer Cline wrote:

“Religion doesn’t make one more moral, so a religion-based legal education

couldn’t be expected to turn out more moral lawyers. It’s also doubtful that

religious traditions necessarily have a great deal to offer when it comes to

a legal education today. In fact, if a religion-based education inspires one

to try to apply religious texts to legal cases rather than just the law, it could

cause more problems. Aren’t religious conservatives the ones who complain

about judicial activism? “

Cline previously posted Falwell Opening Law School and Onward Christian Lawyers 

at his A/ABlog. 


Why are weblawggers so shy about this topic?  One told me he didn’t want to take on

the religious right in public.  I hope others will overcome such fears and openly discuss

a topic that may become quite important for the future of our profession and legal system.

As usual, thoughtful discussion pro, con or in between would be welcome. (and, as you

can see, irreverence need not be shunned)



night storm–
I rely on my little
plague god


with our gods out of town
they raise a ruckus…


even the outhouse
has a guardian god…
plum blossoms


commandments  Kobayashi Issa translated by David G. Lanoue 

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