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

May 11, 2005

our backs to the wind

Filed under: pre-06-2006 — David Giacalone @ 3:32 pm







flashing ambulance lights–

rain still filling

every puddle 

 

 

 

 

 

 

 

 

at the bus stop

our backs to the wind

the sunrise changes color

 

 

 

 

 








she comes back–

the ocean drips off

every part of her

 

 


“she comes back” & “at the bus stop” – breathmarks: haiku to read in the dark 

“flashing ambulance lights–” – Walking the Same Path (HSA 2004 Memb. Anth.)



 

 


by dagosan:  












cherry tomatoes

on toothpicks — a vapor trail

spears the midday moon

 

[May 11, 2005]

 



potluck



!key 2  Carolyn Elefant at MyShingle is complaining about a ban by the Maryland Bar

on the use of NonLawyer/Lawyer Referral groups, because it “discriminates against

solo and small firms.”   The organization in question has chapters, each of which

“consists of various professionals and business people who seek to obtain referrals

and learn marketing techniques. Only one person from any given profession or line

of business can join any individual chapter. The particular chapter that has approached

you includes, among others, a beauty consultant, heating and air conditioning contractor,

investment advisor, and AFLAC insurance agent.” Please read Carolyn’s piece to fully

appreciate the facts and her position.” 

 

I want to focus on Carolyn’s primary assertion:


“And ethics rules must be applied in a way that doesn’t disproportionally

impact one segment of the bar.” 

If an ethical rule deals with an appropriate topic in a reasonable way, the fact

that “one segment of the bar” is impacted more than others should be totally

irrelevant.   As noted here before: the fact that “small fry” lawyers are more

likely to violate a particular rule than “big shots” is never a viable ethical defense

— especially since the small fry were often the main reason a rule was needed. 

Although Carolyn professes not to want special rules for solo-smalls, her 

“disproportionate impact” theory of enforcement amounts to such pampering.


p.s. “Everybody does it” is no excuse either.

 

update: see Carolyn’s Comment and my reply.

 


tiny check  Mike Cernovich is claiming a right to anonymity-privacy for non-felons that seems a  “noyabutsSN”

little broad to me.  Let’s hope he’ll state a principle for us that takes into account the

many existing exceptions likely to withstand Constitutional challenge, and that can guide

courts and legislatures when dealing wiith issues such as national ID cards.

 

tiny check  Denise Howell laments that, to the surprise of absolutely no one, her three-year-old

plea for more guidance on internet and website advertising by lawyers has not been

answered.  California bar groups seem to be looking into this matter.  They will

hopefully lay to rest forever the notion that weblogs by lawyers are advertising per se

 

 

fr ventalone  Grumpy Reminder to MansfieldFox:  Despite your headline, “Everything is Haiku Here,”

nothing in that post is haiku.  Definitions are important (to lawyers and people).  It’s far

better to call what you’re writing zappai or pseudo-haiku than to continue to misinform

the public on the nature of haiku.  Everything with three lines of 5 -7- 5 syllables is not haiku;

in fact, most English-language haiku is not seventeen syllables.   Haiku has some element of

nature in it, evokes an insight, and almost always contrasts, compares or juxtaposes two

images.   Check out dagosan’s intro to haiku (or at least the tips at the bottom of the page),

or jim kacian’s haiku primer.   End of sermon (for now).

 

 

 
tiny check The Florida Supreme Court has refused to re-admit to the bar a lawyer who resigned after 

misappropriating client funds, due to his “continued failure to be financially responsible with

regard to his own finances as well as in his dealings with others.”  The Court concluded:


“[U]ntil and unless [Lawyer] makes a concerted effort to become personally

financially responsible and accountable to those that he has harmed through

his misconduct, he should not be successful in his attempts to be readmitted

to The Florida Bar.” 


1411, 4/28/2005; via sunEthics).  (As suggested here, personal financial responsibility is 

a very important part of the question of fitness for bar members.)

May 10, 2005

dagosan’s scrapbook — May 2005

Filed under: pre-06-2006 — David Giacalone @ 8:20 pm

 


– below are haiku and senryu written by “dagosan”, this weblog’s Editor, David A. Giacalone. most have been on the Home Page, some are outtakes and rewrites. each is a work in progress. i hope they show improvement over time and encourage others to try writing haiku –


 – click here for dagosan’s archive




 

 



strangers on

  my park bench . . . . . . . . . . . . from over here

                                                   a whole new river

 


 [May 31, 2005]

 

 

 


 

vietman

                  memorial —

the protestor’s reflection

 

                                [May 30, 2005]

 

 

 

 















unofficial start

of summer —

parkas huddled ’round the grill

                                                                          [May 29, 2005]

 

 

 

 






complaining all day

about the rain —

the mosquitos and I


 [May 29, 2005]




 

 

 

 

holidaytrafficjam


— goslings    goose     gander

glide downstream

 

 

 

 



staring at the dessert cart —

four lovely coeds

at the next table


 


 [May 27, 2005]

 

 









window view —

all grays 

and one blooming lilac bush

 

 

 

 




leaving her place —

a hug

you’d give a friend

 

                              [May 26, 2005]

 

 

 

 

 

 

 

 

 

 


today, untoasted —

slowly chewing

whole wheat bread

 

             [May 23, 2005]

 

 

 

 

 

 

 

last week of May

unpacking

the winter quilt

 

     [May 23, 2005]

 

 

 

 

 

 

 

 

 

 

unseen bird

keeps repeating itself —

“you talkin’ to me?”

 

 

 

 

 

 

 

 




meeting the new

upstairs tenant

feet smaller than they sound

 

 

[May 22, 2005]






 

 

 

 

 

 


come on,

you’ve got to see the . . .

!!!  decapitated tulips !!!

 

                                       [May 21, 2005]

 

 

 

 

 

 

 

 

 

 

 


the widow’s

dead rosebush

such big thorns

 

 

           [May 20, 2005]

 

 

 

 

 

 

 

 







fuming

behind a school bus —

cotton clouds speed by



                  [May 19, 2005] 

 

 

 

 

 

 

 



trespassing — 


three pink tulips

in an unkempt yard  

 

 

[May 18, 2005]

 

 

 

 

 

 

 

 

 




mid-May window —

overnight the shade trees

stole the river

 

                              [May 17, 2005]

 

 

 

 

 

 

 

 

 

 

sweeping

the fallen blossoms —

soon, just another tree

 

 

 

 

 

 

 

 



month’s half over —

taking the last

migraine pill

 

 

[May 16, 2005]

 


 


 


 


“was daddy

mean when he was little?”

uncle bites his tongue

 

 

 

 

 

 

 

 



greatgrandpa’s

bocce balls —

three generations choose sides 

 

   [May 15, 2005]

 


 








 


telephone wires sway —

pigeons stay put

while a squirrel _______________ scoots

 

                [May 14, 2005]

 

 

 

 

 

 

 

 

 

 

zoo peacocks

in full array — the shirtless

fat man reads Shakespeare

 

         dagosan [May 13, 2005]

 

 

 

 

blossoms past their peak —

baby-boomer

blind date              

 

                       [May 12, 2005]

 


 


 


 


 



cherry tomatoes

on toothpicks — a vapor trail

spears the midday moon

 

         [May 11, 2005]

 

 

 

 

 

 

 

 

 

almost late   

to see the dentist —

flossing twice as long

 

                                           [May 10, 2005]

 

 

 

 

 

 

 

 










Saturday sunset

four geese fly by

double-dating              

               [May 9, 2005]

 

 

 

 


 

 

 


that spanking she gave

to the wrong twin —

all the other days

 

         [May 7, 2005, for Mama G]

 

 

 

 

 

 

 

 

 

 

 

driving home for

Mother’s Day — her smile

and her bursitis

                         [May 7, 2005]


 

 

 

 

 

 

 

the guys show

snapshots of their kids —

the bachelor’s tight smile

 

 

[May 5, 2005]










 

his dusty cookbooks:

soup can

in the sink

 


 


 


 


 


picnickers fleeing 

a slate-gray sky —

lilacs aglow

   

          [May 3, 2005]

 


 


 


 








temper tantrum

at the mall —

parking lot saplings bloom



[May 2, 2005]  

 

 

 

 

 


 


 






she shows off her   

May Day drawing —

every pink crayon a nub



[May 1, 2005] 

 

 

 

 

 

 

taking turns being first

Filed under: pre-06-2006 — David Giacalone @ 7:05 pm

 

 







in the dentist’s waiting room

    tulips with their petals

           tightly shut

 

 

 

 

 

 

 

 


 

spring flood

two wooden shoes float by

taking turns being first

 

 

 

 

 








lightning flash

crows sitting under

the scarecrow

 

 

 

 

 

 

after the rain

a white butterfly

on the clothesline

 

 



“in the dentist’s waiting room” & “spring flood” – from Almost Unseen (2000) 

“after the rain” from Haiku Moment (B Ross, ed, 1993) ; Inkstone I:1 (1982)

“lightning flash” – Haiku MomentHigh Wire Spider (Three Trees Press, 1986)

 


 

 

 

by dagosan:  






almost late   

to see the dentist —

flossing twice as long

 

                                           [May 10, 2005]

potluck – competition stew


openHouseSN  Prof. Hurt at Conglomerate Blog is pleased, as are we, that the

Department  of Justice seems poised to sue the National Association of Realtors for

bylaws that appear aimed at stifling competition by discount and unbundled brokers

(e.g., not allowing realtors to share inventory with brokers charging less than

the local standard fee).   We recently noted a joint FTC/DOJ submission to

the Texas Real Estate Commission with similar concerns that competition and

consumer choice is being restrained (purportedly to protect consumers — sound

familiar?).  Click here to find a website that offers a home seller many levels of

service, at prices far below the full-priced, full-service broker.[via LEF]

 

tiny check The gang at the American Antitrust Institute has been very busy lately:





  • AAI filed an amicus brief in Monsanto v. Scruggs, saying that it raises

    vital issues about the relationship between patent law and antitrust law.

    The brief is by Fordham Law School Professor Mark R. Patterson, and

    it is focused on the “question of whether a patentee should be allowed to

    use license restrictions to exercise and maintain long-term control over and

    maintain long-term control over downstream markets.”





  • On May 4, AAI posted an important Debate over Vertical Restraints

    and Antitrust Law.  The debate was started by an FTC staff paper, which

    was critiqued by three AAI advisors (Comanor, Scherer and Steiner). 

    The FTC staffers then offered their reponse, and AAI’s crew gave a reply.  

    AAI is more optimistic than the FTC staff that enforcement against vertical

    restraints can yield benefits for competition and consumers. [“Vertical

    restraints” take place between buyer(s) and seller(s) and “horizontal restraints”

    are between competitors.]

tiny check  Prof. Bainbridge doesn’t like the way wineries are competing for the  fragile glass

growing “girlie wine” market –seems so tacky and tasteless. (via George M. Wallace).

Prof. B, usually a free-choice kinda guy, wants to protect women from the abomination

of drinking immature and inferior wine. “You vill trink quality red wine, und like it!”

 

tiny check  Competing for Souls:  At his other sight, I imagine Steve Bainbridge will

be posting soon to decry Nicholas Kristof’s op/ed piece today.  Kristof suggests that

the Catholic Church needs to change its total opposition to birth control measures, or

face a Re-Reformation in Latin America.  (NYT, “Catholic Devotion, Doubts,” May 10,

2005).   At the rate it’s going, the self-proclaimed One True Church is going to fit into

a Very Small Cafeteria.   Pretty soon, we might be able to put a leaf or two in the Last

Supper table, and seat all the “Faithful.”    Who’ll get Mary Magdalene’s seat?

 

 

tiny check   What happened to the New York Times Link Generator?  Does NYT have a

new competitive strategy online that will sink the Link Generator and make us pay for

everything in their archives?

May 9, 2005

born there, darn that

Filed under: pre-06-2006 — David Giacalone @ 8:13 pm


I hope your Mother’s Day was as sunny, warm and fuzzy as mine, which

included a rare joint appearance in the city of my birth, by all three of

Mama G‘s offspring, and half of her grandchildren.  

 








mother dog
testing the depth…
snow-melt river
      




     ISSA,

    translated by D. G. Lanoue

 

napper gray sm To my amazement, I spent an entire weekend without thinking or talking 

about anti-consumer bar association chicanery — until I noticed a tiny blurb in

the Rochester, NY, paper this morning.  It said the Monroe County Bar Ass’n

was releasing new “advertising guidelines” today that would help maintain the

image of the profession, and would also start a campaign to educate the public

on how to choose a lawyer.   My trustbuster genes were immediately activated,

but I had to ignore than until returning home this afternoon.  I have now located


(May 9, 2005).  (see the NYS Code of Lawyer Ethics, DR 2-101).

 

My rusty-but-trusty antitrust opinion:  MCBA, which is a voluntary bar group,  

whose conduct is considered to be “joint” or “concerted” activity under antitrust

law, is running the risk of violating those laws with subjective and overly-restrictive

guidelines, especially by linking them to a compliance-and-monitoring system. . . .

 

— read the rest of the lawyer ad story here


 


at bat neg   As usual, my trip to Rochester has inspired me to find a few good haiku

by Tom Painting (an amazingly easy task)) So, here we go:


 


drama class

the novice

botches a death scene

 

 







the gardener’s sleeves

rolled to the elbow

spring equinox

 


 

 

dry heat

a hawk corkscrews

the sky

 


credits: “gardener’s sleeves”: frogpond  XXIV:2;

“dry heat” from  from Walking the Same Path; Heron’s Nest VI:4

“drama class” – frogpond XVII:3 (2004)






 

from  dagosan





Saturday sunset

four geese fly by

double-dating              

               [May 9, 2005]

 

 potluck


tiny check  Brad Wendel at Legal Ethics Forum asked today whether there are any  donkey

good hooks for seeking bar discipline when a lawyer acts like a jerk in public, outside

of the practice of law.  The story started at Eric Muller’s website Is that Legal? 

and revolves around a silly, insulting comment sent by lawyer David L. Gearhart,

J.D., CPA, MBA, who is a member of the Illinois and Indiana bars, and a 2001

graduate of John Marshall Law School.  [Brian Leiter first suggested referring

Gearhart to the Illinois Grievance Committe.] As I commented at LSF, this seems to

be an instance where e-shaming — letting the world discover David Gearhart’s

conduct through Google, Yahoo! et al — is both sufficient and appropriate.



  • One thing I will say for Gearhart:  he at least was willing to put his

    name to his email statement — that’s a couple steps up the maturity and

    evolutionary ladder from the lawyer (and law student) worms who

    slur and insult others anonymously.

May 7, 2005

a few haiku for mother’s day

Filed under: Haiku or Senryu — David Giacalone @ 2:51 pm

– for more see: the f/k/a Mother’s Day haiku collection –

Mother’s Day
a bit of shell
in the chowder
paul m from tug of the current Modern Haiku 35:3

mother-daughter
   small talk
   snap beans

for her mother  #1Mom
bluets
root and all

Mother’s Day
that first breath of air
outside the door
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,  by John Stevenson from Quiet Enough
after her death
composing roses
instead of words
from the sequence where the lily was  (2003)
Mom’s sunburnt back . . .
first the youngest touches it,
the the eldest

that spanking she gave
to the wrong twin —
all the other days
   dagosan [May 7, 2005] 

  – special thanks, always, with love to Mama G. MomTwins50 2

– for a special treat, click for Joann Klontz’s award-winning haiku at The Heron’s Nest

sleepless and selfless

Filed under: pre-06-2006 — David Giacalone @ 2:15 pm

 




I smile at her

   smiling at the baby

     smiling

 

 

 

 

 

 

 

sleepless . . .

   the baby’s age

     in days

 

 








children’s ICU–

a tissue box beside

the pay phone

 

 

 

 

not dead roses

  she corrects me

  . . . dried

 

 

 

John Stevenson from Some of the Silence 

(Red Moon Press,1999)


 

from  dagosan

 




driving home for

Mother’s Day — her smile

and her bursitis

                    [May 7, 2005]

 

“#1mom”  potluck


No Punditry Today:  Finally got my priorities straight — I’m heading to

Rochester, NY, to see Mama G.  (catch her here in 1950 with Your Editor

and that other kid who also wanted her attention).

those Frenchies sue him everywhere

Filed under: pre-06-2006 — David Giacalone @ 1:46 pm



“I’ve written a poem.”
“Who sir? You sir?”
“Yes sir, me sir.”
“No, sir!”
“Yes sir. Listen.”


The Scarlet Googernel,

                              by Sir Adwords Sinkme  scarpimp




They search him here, they search him there,

Those Frenchies search him everywhere.
Is he confusing or is he just swell?

That omnipresent Googernel

 

– with apologies to Baroness Orczy Emmuska and The Scarlet Pimpernel –

– original verse here

 

deniseMug  Inspired by our favorite weblawg Mama 

and those strongwilled French courts.

May 6, 2005

LSF again features lawyer poets

Filed under: pre-06-2006 — David Giacalone @ 4:24 pm

Last year, The Legal Studies Forum published “the first effort of a United States legal journal to devote an entire issue to poetry.” We described that volume, entitled Off the Record: an anthology of poetry by lawyers (28 Legal Studies Forum 2004), at length here. The 700-page issue is a milestone and a treasure. This year, LSF and its devoted editor, West Virginia Law Professor Prof. James R. Elkins, have produced a spectacular encore — Legal Studies Forum XXIX:1 (2005) — which includes about 300 pages of poetry by people with law degrees (very little of which is about the law), along with interviews and essays about lawyers and poetry. (click the link for an online version, reproduced by the U. Texas Tarlton Law Library] Prof. Elkins says:

We’ve made no claim that there is a subterranean connection

between poem and lawyer/poet; what we claim is that knowing

that the poet is a lawyer turns out to be a perfectly good reason to

read poetry, poetry most of us would not otherwise read. And, we

think there is a good case to be made for the proposition that lawyers

turn out to be good poets!

 

LSF291sm Like Off the Record, every issue of LSF can sit deceptively on your office

book-shelf, looking like a typical dry law tome. But, you can take it down for a bit of

poetic inspiration whenever needed (only your timesheet will know). So, please click

for subscription info and help keep a good thing going.

 

 

To celebrate the publication of another LSF lawyer-poet anthology, we’re
presenting a pair of haiku from three of f/k/a‘s regulars, who happen to have law
degrees (only Roberta still practices; David and Barry are “recovering lawyers”):

all day long
i feel its weight
the unworn necklace

his death notice. . .
the get-well card
still in my briefcase

Roberta Beary from Legal Studies Forum XXIX:1 (2005) beary
“all day long” – New Resonance 2; pocket change
“his death notice” – New Resonance 2

old dog and master
jostling
for the tiny spot of shade

storm alert
every kind of cloud
in one sky

David GiacaloneLegal Studies Forum XXIX:1 (2005)

passing the beggar –
my pockets start
to jingle

the kite’s pull–
in another life I wore
a braided pigtail

Barry George
passing the beggarSimply Haiku (senyru page, Spring 2005)
the kite’s pullThe Heron’s Nest (July 2002)

p.s. For much more on lawyers and poetry see Strangers to Us All: Lawyers and Poetry, assembled with love by Prof. Elkins.

still sensitive over lawyer value pricing

Filed under: pre-06-2006 — David Giacalone @ 2:23 pm

Don’t just take my word that the advocates of value pricing by lawyers

want to exploit price sensitivity to increase their fees.  Read what Suzanne

C. Lowe told the Legal Marketing Association (“Tomorrow’s Law Firm

Competitors,” Nov. 14, 2004):

 


“To achieve and maintain a competitive advantage, law firm marketing teams

will need to help their firms integrate their corporate and marketing strategies

together so that they will become truly market-driven organizations. These

law firms — I’ve called them “the competitors” — will employ a number of

advanced market-driven strategies to help them gain and hold a leadership

edge.” . . .

 

Value Pricing


 


complaint billF  “Competitor law firms will be more adept at addressing the


deeply strategic issue of price sensitivity.  They will employ nuanced research  


initiatives like “modeling” to help them price their services into the more


profitable “value-price” range. For example, a global business consulting/


accounting firm successfully used “Dynamic Price Sensitivity Modeling” —


a stepwise qualitative and quantitative research initiative that tested clients’


reactions to four specific pricing scenarios. Using that technique, the firm


was able to pinpoint its clients’ optimal pricing range for a proposed new


service — and it was notably higher than the firm’s previously employed


hourly pricing approach. The new service debuted with a value-priced service


that not only met the clients’ expectations but also enabled the firm to break


away from the chokehold of time-and-expense pricing.”


Would all clients who are seeking Value Pricing in order to pay higher fees please raise

their hands?

 

 

 

a nightingale singing
included in the price…
five-penny tea




ISSA, translated by D. G. Lanoue

 

SCotching lawyer nicknames

Filed under: pre-06-2006 — David Giacalone @ 1:33 pm
Florida’s lawyer-advertising police can finally point to a state with even sillier rules than their own — South Carolina.   Thanks to some asinine legislative over-reaching by “tort reformers,” it is now unlawful for a lawyer to advertise with “a nickname that creates an unreasonable expectation of results.”  (S.C. Code Section 39-5-39(1); the legislation is summarized here, with links) (via RiskProf, who has done some interesting brainstorming; and Walter Olson)    Of course, one might argue that no nickname creates an “expectation of results.”  (especially in a part of the Country noted for nicknames).  But, that would require a belief — apparently lacking in the South Carolina Legislature — that consumers have brains (see our post & comment). 

hammer  I expect this Nickname Ban to be struck down as an overbroad limit on commercial speech.  Here in Upstate New York, we once had Jim “The HammerShapiro, and have had “The Heavy Hitters” (Martin Harding & Mazzotti) for years,  plus four lawyers who practice separately but advertise jointly as “The Dream Team.” So far, our consumers have successfully avoided Sobriquet Expectation Syndrome

Should the ban on nicknames be upheld, I suggest that South Carolina lawyers consider officially changing their given or middle names — perhaps to Champion, Rock, Vindicator, or the ever-popular Hammer.  And, please plan ahead: give your children names they can grow into that inspire confidence in the gullible.  Native Americans — or their admirers — could probably come up with some very evocative and effective names (“She Who Takes Many Scalps,” “He Who Always Gets One-Third”). Do you think “Sue” is allowed?   Got any (family-rated) suggestions?   Please use the Comment link below.

its name tag blowing
in the winter rain…
bag of rice

ISSA, translated by D.G. Lanoue

May 5, 2005

probate proves hard to find online

Filed under: pre-06-2006 — David Giacalone @ 4:08 pm

Thanks to HALT, I’ve got a great suggestion for estate lawyers who want a

better Law Day in 2006: help put together a probate court website as good as

the one available from the Vermont Probate Courts.  Or, make one even better.

 

HALT recently performed a survey of online probate resounces available from each

State.  (HALT eJournal, “States Provide Few Probate Resources Online,” by Todd

Chatman, May 5, 2005, free subscription available in the right SideBar).  The results

show most states provide no useful online information about probate (the legal

process by which you prove a will is valid and settle an estate).  

 










someone else’s affair
you think…
lanterns for the dead

 

                      Issa  

 

HALT started the survey with the following question:  “If you need to probate an estate

in any U.S. state, can you find resources online to help you complete the process without

a lawyer?”   Here are some of the findings:


tiny check “[A] dozen states (Hawaii, Idaho, Mississippi, Montana, Nebraska,

Nevada, North Carolina, Ohio, Pennsylvania, South Dakota, Tennessee,

and West Virginia) offer no information whatsoever, while the vast majority

offer little more than a basic definition of probate, leaving consumers with

little choice but to hire an attorney and pay expensive legal fees for what is

usually a simple and routine procedure.”

 

tiny check Vermont scored highest because “consumers can find a wealth of information

about probate, including a step-by-step guide to administering and settling an

estate, links to local probate courts, links to necessary forms and instructions

for using them, and a complete explanation of Vermont’s special rules for

expedited small estate administration.”

 

tiny check “[T]hree other states (Maryland, New Hampshire, Connecticut) and the

District of Columbia also provide useful information.”

 

The eJournal article ends with an important message:  “Probate is not the complex,

intimidating process many people believe it to be. For years HALT has encouraged

states to simplify their probate process- especially for small estate administration.

Simplifying procedures and providing assistance to nonlawyers would make probate

more ‘user-friendly’ and help more people avoid unnecessary legal costs. We applaud

Vermont’s steps in this direction and urge all states to follow its lead.”  Amen!



  • Find more info on Estate Planning and Probate from HALT here.

 

 

deutzia blossoms–
the children play
funeral





 







“Get ready, get ready
for death!”
cherry blossoms

 

 




timing his death
extremely well…
the Buddha

 


 



        translated by David G. Lanoue

 

snapshots with Lyles & Hall

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

 

I’ve been enjoying the Snaphsots Haiku Journal (from Liverpool,

England) and want to share a sampling by two of our favorite

Honored Guests:

 

 


backstroke . . .

the undersides

of alder leaves

 

 

 

 








bronze sundial

the junco cocks his head

from V to VII

 

 

 

 


sunlit shallows

a frog burrows deeper

into the mud

 

 

 


“backstroke . . .”  Snapshots 9

“bronze sundial” & “sunlit shallows” Snapshots 10

 








hawk flight

 








history lesson

slowly the caged eagle

turns our way

 

 

 

 

 

mayflies

spin between us . . .

a lost thought

 

 

 

 

 








a new term

clear water tumbles

over stones

 


“a new term” & “mayflies” – Snapshots 9

“history lesson” – Snapshots 10

 

 

 


from dagosan                                               




the guys show

snapshots of their kids —

the bachelor’s tight smile

 

 

[May 5, 2005]

 


potluck



 pinataG  05-05-05: Be nice to your favorite pinata today.  Viva! Cinco de Mayo. 

 

tiny check There was an interesting guest post yesterday at Legal Ethics Forum by

Prof. Larry Fischer (Southwestern U. Law School) on “The Difficulties

of Teaching Legal Ethics.”  Fischer asks why the course can’t get no respect.

The post and most of the comments are thoughtful   (via The Fedster)




  • The discussion at LEF makes me wonder yet again about the 

    meaning of responses given in the massive and costly new “Law

    School Survey of Student Engagement,” which is described in the 

    NYLJ article, “New Survey Tackles Complex Questions About

    Law Schools,” May 2, 2005.  For example: NYLJ says that a “positive

    result” of the law student survey is the finding that “76 percent were

    satisfied with their schools’ emphasis on law practice ethics.” Another

    so-called positive result: “82 percent were encouraged to learn by

    applying classroom theory to practical problems.”   Please, don’t

    try this at home, boys and girls!












hawk flight flip

May 4, 2005

omertaEsq? gagged in new jersey

Filed under: pre-06-2006 — David Giacalone @ 7:32 pm

 


On May 2, 2005, the New Jersey Supreme Court heard arguments on the Court’s

own Lawyer Disciplinary Procedure Rule 1:20-9(a), which has been interpreted to bar

complainants from disclosing the existence of their complaints (under pain of criminal

contempt charges), unless a formal complaint has been issued.  Explaining R.M. vs.

the Supreme Court of New Jersey, the New Jersey Star-Ledger notes (May 3, 2005,



“The rule makes a grievance against a lawyer secret until an ethics

committee determines it is backed up by reasonable cause and issues

a formal complaint. In the vast majority of cases, that never happens.

Either the grievance is dismissed as unfounded or, as happened in R.M’s

case, the lawyer agrees to correct a minor ethical lapse and no formal

disciplinary action is taken.

 

” ‘R.M. can never criticize the ethics committee for not doing more regarding

her grievance,’ [R.M’s attorney] said. “In a free society, government may

not constitutionally prohibit people from discussing a topic simply to protect

people’s reputations.”

!key 2  ethicalEsq stated his opposition to such “gag rules” early and often (see post), as has

the legal reform group HALT.   In May 2004, HALT reported in its eJournal that they had 

submitted Comments to the NJ Supreme Court, asking the Court to declare the discipline

gag rule unconstitutional as applied to complainants.  HALT also suggested commentary and

an amendment to Disciplinary Procedure Rule 1:20-9(a) . . .


click here for the rest of this post, which concludes:



There’s no excuse for such disciplinary gag rules.  Take

a look at the Doe case from Tennessee, if you need further

persuasion.  Remember to subsitute the name of another

profession, if you’re a lawyer who doesn’t want to give up our

Family’s little penchant for secrecy. 

 

To the N.J. Court and Bar: “Please give up the decoder rings

and  pinky rings.  Secrecy breeds contempt, not respect. 

No More Omerta.”

 


p.s. The same goes for Alaska, Arkansas, Georgia, Montana,

Nebraska, Nevada, South Dakota and Washington, which have 

similar gag rules — and the 27 state grievance committees that

strongly advise or request consumers to keep their grievances secret.

 

 

 



after the big flock

silence

geese flying north

 


 











the village of nondrinkers

is silent . . .

plum blossoms



 

 

 


 

cuatro de mayo – soups and sticks

Filed under: Haiku or Senryu — David Giacalone @ 2:12 pm

I don’t know whether there was a connection between tomorrow’s Cinco de Mayo celebrations, and President Bush’s decision to address a Latino Coalition today about Social Security.

pinataG

Pinatas are often featured in Cinco de Mayo festivities.  Although they can come in
all shapes and sizes, I bet the White House will be going with the traditional Mexican
favorite pictured above.
.
I’m writing a day early about Cinco de Mayo, to remind you to prepare for the
celebration — with food, music and pinatas.  As part of their VIVA! Cinco de Mayo
celebration, San Marcos, Texas has a State Menudo Cook-Off. Click here to learn
about the wonderful Mexican Menudo soup and find recipes.  This should whet your
appetite:
CincoMenudo “Every culture has great restorative stew of humble
origin and ingredients. Menudo is a wonderfully aromatic soup made
of tripe, hominy and chili, and is stewed for hours with garlic and
other spices. the broth is rich, red, papery, and glistens with fat. It
stimulates the senses, arms the insides, and clears the head.
“Menudo is served in big open bowls brought to the table steaming and
fiery.  It is usually eaten in the wee hours after a night out on the town
and widely proclaimed to be an antidote for hangovers.”
Maybe George or Steve in California could suggest a hearty wine to go with
Menudo.
Heaven’s River
of stars
in my soup
from his novel Haiku Guy
I lean
into the soup’s steam…
snow flurries
Gary Hotham
from breathmarks
pea soup fog
the sound of a map
unfolding beside me
Ed Markwoski
from Haiku Sun
dusty cookbooks:
soup can
in the sink
plum blossom scent–
slurping it in
with the vegetable soup
translated by David.G. Lanoue
potluck
pinataF Even if you won’t be accepting any invitations to whack a pinata
with a stick, I hope you’ll take up George Fool-in-the-Forest Wallace’s
request to join The Stick — an exploration and confession about your
literary tastes.  Here are questions for The Stick:
1. You’re stuck inside Fahrenheit 451. Which book do
you want to be?
2. Have you ever had a crush on a fictional character?
3. The last book you bought was…?
4. The last book you read was…?
6. Five books you would take to a desert island…
7. Who are you passing this stick on to and why?
tiny check That whipper-snapper Sarni at Infernality seems to be suggesting that your
Editor is a “humbug”.    I will gladly cop a plea to curmudgeon.
.
penny sm Blessed Are the Poor in SpiritsProf. B is begging for bucks again.
I never noticed before how much “paypal” looks like “papal.” Just coincidence?  Of
course, if you ask “y?” he’ll say God works in mysterious ways.
 

tiny check Free that Poll:  On April 6th, we discussed the Poll at Priests for Life,
which asked “Should the United States Congress exercise veto power
over  Supreme Court decisions?”   Previous polls a PoL looked more
like leading questions for Catechism students on current events.  Today,
I tried to find out the results for the Veto poll, since they’ve moved on to
a new question on the home page, but the results are not (yet?) posted on
the PoL results page.  Maybe thinking participants failed to skew the results
the way Fr. Frank Pavone had expected.  I’ll check there again soon.

 

 

 

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