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

May 16, 2005

getting personal

Filed under: pre-06-2006 — David Giacalone @ 7:26 pm

tall grass       

i envy tthe way it bends

in the wind





mid spring 

just enough foilage

to pee in private   








slow train

      i lose count of the cars

          when the woman blows a kiss








memorabalia show

the old catcher’s

crooked fingers




  • by dagosan                                               


the fallen blossoms —

soon, just another tree




month’s half over —

taking the last

migraine pill



[May 16, 2005]


tiny check  Earlier to day, I wrote a little satirical piece about the NY County Lawyer Assn’s

Diversity Disclosure Pact, which would allow clients to learn about the gender, race and

sexual preference of lawyers working on their cases and projects.  [see no yoda quota?].

Stop me if you’ve already heard this, but I wanted to relate my first experience with diversity


My very first job out of law school was at a 10-lawyer firm in Washington,

D.C., which was very selective and had hired only one associate from my year, 

1976.  Shortly after I started, the hiring partner was filling out Harvard Law’s

new mandatory minority disclosure form, and sent it around for comment. 

I was surprised to see that the firm claimed to have one Black lawyer, so

I went to ask the Partner who that was.  My suspicion was confirmed when

he answered, “You.”  I told Bob that all four of my Italian grandparents were

spinning in their graves (their bias, not mine).  Here’s a picture of me from that

period; and here’s a current one; baby shots are here.


“dagMugS”   Since I had never claimed minority status while seeking employment

with the firm, how did this mis-classification happen?  First, I think the requirement

to fill out the form made the firm very much wish to have a minority person

(in addition to a female-Oriental partner).  Also, like many nice Italian and

nice Jewish boys of the era, I did wear my thick, curly-brillo black hair in a

“‘fro” (which broke my mama’s heart).   In addition, my major extracurricular

activity at Law School was working on the Civil Rights/Civil Liberties research

group (although my work had been in the civil liberties area).  Finally, I had

once said something like this to the hiring partner, after starting to work there:

“At Georgetown and Harvard, I had very few Black classmates,

and most were from such privileged backgrounds that they

seemed no more Black than me.”  

I meant culturally, of course.  I added that hiring Upper Class, elite Blacks

did not seem like a good way to get different perspectives within the law firm

(except, of course, that only a Black man or woman knows what it is like to deal

with White America as a Black person).


Up until that point, I had never doubted the sincerity of the many compliments

received from the firm’s partners on my work.  Suddenly, I wondered if they

meant “for a minority” you do excellent work.  I wondered if I was the person

chosen after they interviewed only at Harvard and Yale, because they thought

I was Black.  It was dispiriting.   Luckily, the compliments continued, even after

they — and subsequent employers — discovered I couldn’t count toward any



tiny check  It’s not as drastic as the losing-prosector-pays proposal we discussed  handicapG

at Crime & Federalism last January.  But, the U.S. antitrust world is buzzing over the 

decision on May 5th by the Canadian Competition Tribunal in the Canadian Pipe case

A press release from the Toronto firm of Davies Ward Phillips & Vineberg LLP, which

represented Canadian Pipe gives the salient details (May 11, 2005):

On May 4, 2005, the Tribunal ordered the Commissioner [of Competition]

to pay the costs incurred by Canada Pipe Company Ltd. (“Canada Pipe”)

in successfully defending itself against the Commissioner’s claims that it

had breached the abuse of dominance and exclusive dealing provisions in

the Competition Act.  All of the Commissioner’s claims were dismissed by

the Tribunal in a unanimous decision issued on February 3, 2005.


In its decision awarding costs, the Tribunal ruled that “the novel economic

issues and the amount of work involved in the preparation and conduct of

the case, which was national in scope, warrant an upward adjustment of the

costs”.  In addition, the Tribunal ordered the Commissioner to pay Canada

Pipe 150% of its tariffed fees from the date of a settlement offer made by

Canada Pipe, which would have ended the litigation but which the Commissioner


tiny check Speaking of antitrust, the AntitrustProf weblog points to a new Antitrust

Law and Policy Primer (pdf., 27 pp) by Cardozo Law Professor Hanno F. Kaiser, and 

to a post on the Goals of Antitrust on Kaiser’s Law & Society weblog.   Kaiser says

he wrote the Primer to supply the “missing chapter” in most antitrust textbooks —

the one telling how antitrust fits into the broader economic process.  His Goals post


“the discussion about the goals of antitrust and economic policy would

 benefit if we abandoned the ‘consumer welfare’ or ‘consumer benefit’

language for more explicit statements about how we want to make the pie

(that is, what kind of efficiencies we promote), and how we propose to

slice it (that is, what distributive mechanism and criteria we prefer).”

fragile glass neg Distilling Supreme Court Personalities:  Steve Bainbridge can move

and type fast when the topic is wine plus Supreme Court jockeying.  His post about

today’s decision in the interstate wine shipment casesmay not be aged, but it is 

interesting and has a good bouquet.  (Todd Zywicki, who is much-involved with

21st Amendment and dormant Commerce Clause, has gathered quite a few  relevant

links.)  Let’s see if the states who’ve been blocking interstate direct-to-consumer wine

sales decide to open the spigot or ban intrastate sales, too.  

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