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

March 4, 2005

just mad about saffron

Filed under: pre-06-2006 — David Giacalone @ 6:04 pm

Q: next best thing to visiting The Gates in person in Central Park?
A: send your twin brother with a camera and then borrow haiku from George Swede!
Click the links with each black & white image to see the original photo
– by Arthur J. Giacalone (all rights reserved; to enlarge, click the button in the lower righthand corner of each photo). [update: find three Giacalone haiga (pictures with linked haiku) using photos from The Gates at Simply Haiku Journal, Modern Haiga, Vol. 5 no. 1 (Spring 2007)]
original in full color
The old wind chimes
in the basement for winter
tinkle from my sigh

GatesSkateN original in full color
coldest day of the year
the lone skater laps
his breath

GatesBridgeG original in full color

traffic tie-up
a fisherman on the bridge
casts a long line

the old wind chimes” & “traffic tie-up” from The Heron’s Nest
“coldest day of the year” from Almost Unseen

saffron flags
above and below the bridge —
duck feet au courant
gatesBranchesG original in full color
the runner’s vest
blends in  —
through The Gates of central park
[March 4, 2005]
GatesTreeG original in full color
tiny check The guys at Legal Ethics Forum have it right: BigLaw partners have
a lot to learn from Generation Y’s values and priorities.  Sure hope the NYC Y’ers got
to see The Gates (more than once).  (see article)  Maybe Prof. Schiltz’s Sermon
is working.
tiny check A few lines from Dononvan Leitch’s “Mellow Yellow
I’m just mad about Saffron
Saffron’s mad about me
I’m just mad about Saffron
She’s just mad about me

p.s. Don’t miss Monica Bay’s ode to orange.

original in full color  GatesBranchesN

poll taxed

Filed under: pre-06-2006 — David Giacalone @ 12:28 pm

                                                                                                                                        graph up gray


The online poll by the Kingston [NY] Freeman that we described yesterday received over 41,000 responses

and not the usual 500 to 2000 votes from the paper’s readers.   The poll asked whether readers believe Rep.

Maurice Hinchey’s claim that Karl Rove was behind the phony documents given to CBS concerning Pres.

Bush’s military record.   The result of the Hinchey/Rove poll: 59.5 percent agreed with the Democratic

congressman’s theory while 40.5 percent did not.


A Freeman article today (March 4, 2005) says:

Political insiders believe the unusually high number of responses was the result of voting by

operative bloggers from both the left and right.


Freeman Publisher Ira Fusfeld said that, in the past, local readers generally have participated

honestly in the polls and enabled the system to gauge public opinion accurately. . .  .


Fusfeld said the level of participation in the Hinchey poll is telling.  “What’s sad is that in

today’s political climate, even a poll as relatively benign as this one became the subject of a

tug of war between the left and right, both of which thought this was so important that they

couldn’t let the other side ‘win,'” Fusfeld said.


graph up small  Hinchey’s aide Dan Ahouse wrote to several webloggers asking them to get

the word out to join the poll.  In Ahouse’s letter, he asserts “this weekend, the right-wing

bloggers began to flood the poll and now the results are vastly one-sided,” and concludes:

“I’m writing to ask for your help in stopping this manipulation of public

opinion about our Congressman.  Please forward this information to

anyone interested in standing up to the right-wing distortion and ask

they they register their opinion in the poll.”

In response, “mdmc” posted the Ahouse letter at DemocraticUnderground, with comments,

and it was repeated by lowbridge at freeRepublic, including  “Please help the BIG MO take

on Kkkarl and the Orwellian right wing press. Please vote in this online poll.”   Chicflick at MyDD

opined:  “Important we show those as courageous as Hinchey that we have their backs!”   Mozarky2

left a message for lowbridge saying: “I don’t know, or care whether it’s true or not, but let me

tell you, it’s been fun.”  Talk about a b.s. moment.  


You can only imagine how proud I am that my fellow Dems/liberals have achieved this great

victory.  And very pleased to see that they have such important things on their minds.


 plunge graph sm 



a new year begins–
piled on nonsense


naughty child–
instead of his chores
a snow Buddha


clone that judge

Filed under: pre-06-2006 — David Giacalone @ 12:23 am

In the spirit of ethicalEsq, let’s give a tip of the hat to Hon. Loretta A. Preska, US Dist. Ct. Judgehat tip small flip

SDNY, for her excellent performance cutting fees in the Bristol-Myers Squibb Securities Litigation,

03-2251. (details here, NYLaw Journal, “Judge Halves Fees Sought,” Feb. 28, 2005; see Olson)


preskaj  Hon. Loretta A. Preska

orig. photo and bio here


In slicing a request for $22 million in fees to about $12 million (from two firms with too many names to

repeat), Judge Preska helped clarify for other judges — and maybe even for plaintiffs’ lawyers — the

factors that need to be considered when counsel want to be paid a percentage of their clients’

winnings.  Here, lead counsel wanted about 7.5% of the settlement payout.  In the decision, Judge

Preska told them why they hadn’t earned that much (per NYLJ), pointing out:

  • “[I]t is not thirty times more difficult to settle a thirty million dollar case as it is to settle a one

    million dollar case,”

  • The case “fell along the low end of the continuum of risks” for the plaintiffs’ lawyers.

  • “Lead counsel merely drafted complaints setting out roughly chronologically the material
    in the public record and alleging Defendant’s knowledge and scienter.”

  • The situation “suggests that it was the Company’s desire, prompted by the SEC, to put its
    house in order that caused the settlement, not any action on the part of Lead Counsel” —

    and, the attorneys benefited from the existence of an SEC action based on similar facts.

hat tip small neg  Preska joins my short list of judicial heroes willing to police unreasonable fees (which includes

NYS justice Charles E. Ramos).   I nonetheless wonder what — other than self-aggrandizement and

delusions of entitlement — would make the lawyers involved here believe they deserve to take from

their clients even the lesser amount granted of $12 million. 

“tinyredcheck”   I also wonder whether any of the thousands of Main Street p/i lawyers who

charge a standard contingency fee to the average injured client are paying any

attention.    They ignore ABA Ethics Opinion 94-389;  they ignore the lip-service

given by trial lawyer associations to the requirement that contingency fees be  

based on “risk, cost and effort-required;” and they even ignore the preaching

of Prof. Brickman and ethicalEsqIf only we could clone Judge Preska, and 

have her reviewing contingency fee agreements across the land.  A guy can



into the night
we talk of human cloning



winter solstice

our son reads a fairy tale

to his unborn son



Still at the edge
of its shadow—
the frog



from To Hear the Rain (Brooks Books, 2002)



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